Sub. H. B. No. 1 As Pending in the House Finance and Appropriations Committee (LSC # 516-4)

As Pending in the House Finance and Appropriations Committee (LSC # 516-4)

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 1

Representative Sykes

A BILL

To amend sections 9.06, 9.314, 107.21, 109.572,

118.05, 120.08, 120.52, 120.53, 121.04, 121.08,

121.083, 121.084, 121.31, 121.40, 121.401,

121.402, 122.05, 122.051, 122.075, 122.151,

122.17, 122.171, 122.40, 122.603, 122.71,

122.751, 122.76, 123.01, 123.152, 124.03, 124.04,

124.07, 124.11, 124.134, 124.14, 124.15, 124.152,

124.18, 124.183, 124.22, 124.23, 124.321,

124.324, 124.325, 124.34, 124.381, 124.382,

124.385, 124.386, 124.392, 124.81, 125.081,

125.22, 125.831, 126.05, 126.21, 127.16, 131.33,

133.06, 141.04, 145.012, 145.11, 145.298, 148.02,

148.04, 149.43, 150.01, 150.02, 150.03, 150.04,

150.05, 150.07, 152.09, 152.10, 152.12, 152.15,

152.33, 156.01, 156.02, 156.03, 156.04, 166.07,

169.08, 173.08, 173.35, 173.392, 173.401,

173.42, 173.43, 173.50, 173.71, 173.99, 174.02,

174.03, 174.06, 176.05, 307.626, 307.629, 307.79,

319.301, 319.302, 319.54, 321.24, 323.156,

329.042, 329.06, 340.033, 343.01, 504.21, 718.04,

721.15, 742.11, 901.20, 901.43, 903.082, 903.11,

903.25, 905.32, 905.33, 905.331, 905.36, 905.50,

905.51, 905.52, 905.56, 907.13, 907.14, 907.30,

907.31, 915.24, 918.08, 918.28, 921.02, 921.06,

921.09, 921.11, 921.13, 921.16, 921.22, 921.27,

921.29, 923.44, 923.46, 927.51, 927.52, 927.53,

927.56, 927.69, 927.70, 927.701, 927.71, 942.01,

942.02, 942.06, 942.13, 943.01, 943.02, 943.04,

943.05, 943.06, 943.07, 943.13, 943.14, 943.16,

953.21, 953.22, 953.23, 955.201, 1322.03,

1322.031, 1322.04, 1322.041, 1327.46, 1327.50,

1327.51, 1327.511, 1327.52, 1327.54, 1327.57,

1327.58, 1327.60, 1327.62, 1327.70, 1327.99,

1332.24, 1332.25, 1347.08, 1501.01, 1501.05,

1501.07, 1501.30, 1502.12, 1506.01, 1507.01,

1511.01, 1511.02, 1511.021, 1511.022, 1511.03,

1511.04, 1511.05, 1511.06, 1511.07, 1511.071,

1511.08, 1514.08, 1514.13, 1515.08, 1515.14,

1515.183, 1517.02, 1517.10, 1517.11, 1517.14,

1517.16, 1517.17, 1517.18, 1519.03, 1520.02,

1520.03, 1521.03, 1521.031, 1521.04, 1521.05,

1521.06, 1521.061, 1521.062, 1521.063, 1521.064,

1521.07, 1521.10, 1521.11, 1521.12, 1521.13,

1521.14, 1521.15, 1521.16, 1521.18, 1521.19,

1523.01, 1523.02, 1523.03, 1523.04, 1523.05,

1523.06, 1523.07, 1523.08, 1523.09, 1523.10,

1523.11, 1523.12, 1523.13, 1523.14, 1523.15,

1523.16, 1523.17, 1523.18, 1523.19, 1523.20,

1531.01, 1533.10, 1533.11, 1541.03, 1547.01,

1547.51, 1547.52, 1547.531, 1547.54, 1547.542,

1547.73, 1547.99, 1548.10, 1707.17, 1707.18,

1707.37, 1710.01, 1710.02, 1710.03, 1710.04,

1710.06, 1710.10, 1710.13, 1739.05, 1751.03,

1751.04, 1751.05, 1751.14, 1751.15, 1751.16,

1751.19, 1751.32, 1751.321, 1751.34, 1751.35,

1751.36, 1751.45, 1751.46, 1751.48, 1751.831,

1751.84, 1753.09, 1901.31, 2151.011, 2317.422,

2503.17, 2903.13, 2903.21, 2903.211, 2903.22,

2903.33, 2911.21, 2913.46, 2921.13, 2929.17,

2937.22, 2949.091, 2949.111, 2981.13, 3105.87,

3119.01, 3121.037, 3121.0311, 3121.19, 3121.20,

3121.898, 3123.952, 3125.25, 3301.07, 3301.073,

3301.079, 3301.0710, 3301.0711, 3301.0714,

3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42,

3301.55, 3301.68, 3302.01, 3302.02, 3302.021,

3302.03, 3302.031, 3302.05, 3302.07, 3304.231,

3307.15, 3307.31, 3307.64, 3309.15, 3309.41,

3309.48, 3309.51, 3310.03, 3310.08, 3310.09,

3310.11, 3310.14, 3310.41, 3311.06, 3311.19,

3311.21, 3311.29, 3311.52, 3311.76, 3313.174,

3313.41, 3313.48, 3313.481, 3313.482, 3313.483,

3313.53, 3313.532, 3313.533, 3313.536, 3313.55,

3313.60, 3313.603, 3313.605, 3313.607, 3313.608,

3313.61, 3313.611, 3313.612, 3313.614, 3313.615,

3313.62, 3313.64, 3313.642, 3313.6410, 3313.65,

3313.673, 3313.68, 3313.713, 3313.843, 3313.976,

3313.978, 3313.98, 3313.981, 3314.012, 3314.015,

3314.016, 3314.02, 3314.021, 3314.024, 3314.03,

3314.051, 3314.08, 3314.083, 3314.084, 3314.087,

3314.091, 3314.10, 3314.19, 3314.21, 3314.25,

3314.26, 3314.35, 3314.36, 3315.17, 3315.37,

3316.041, 3316.06, 3316.20, 3317.01, 3317.02,

3317.021, 3317.022, 3317.023, 3317.024, 3317.025,

3317.0210, 3317.0211, 3317.0216, 3317.03,

3317.031, 3317.04, 3317.05, 3317.051, 3317.053,

3317.061, 3317.063, 3317.08, 3317.081, 3317.082,

3317.12, 3317.16, 3317.18, 3317.20, 3317.201,

3318.011, 3318.051, 3318.061, 3318.08, 3318.36,

3318.38, 3318.44, 3319.073, 3319.08, 3319.081,

3319.088, 3319.11, 3319.151, 3319.16, 3319.17,

3319.172, 3319.22, 3319.221, 3319.233, 3319.234,

3319.235, 3319.24, 3319.25, 3319.26, 3319.261,

3319.28, 3319.291, 3319.303, 3319.36, 3319.41,

3319.51, 3319.56, 3319.57, 3319.60, 3319.61,

3319.63, 3321.01, 3321.05, 3323.05, 3323.091,

3323.14, 3323.142, 3324.05, 3325.08, 3326.11,

3326.14, 3326.21, 3326.23, 3326.31, 3326.32,

3326.33, 3326.34, 3326.36, 3326.37, 3326.38,

3326.51, 3327.02, 3327.04, 3327.05, 3329.16,

3333.04, 3333.122, 3333.123, 3333.16, 3333.28,

100

3333.35, 3333.38, 3333.61, 3333.66, 3333.83,

101

3334.01, 3334.02, 3334.03, 3334.04, 3334.06,

102

3334.07, 3334.08, 3334.09, 3334.10, 3334.11,

103

3334.12, 3334.16, 3334.17, 3334.18, 3334.19,

104

3334.20, 3334.21, 3345.011, 3345.12, 3345.32,

105

3345.61, 3345.62, 3345.63, 3345.64, 3345.65,

106

3345.66, 3349.242, 3365.01, 3365.04, 3365.041,

107

3365.07, 3365.08, 3365.09, 3365.10, 3501.17,

108

3701.024, 3701.045, 3701.07, 3701.344, 3701.71,

109

3701.72, 3701.78, 3701.84, 3702.51, 3702.52,

110

3702.524, 3702.525, 3702.53, 3702.532, 3702.54,

111

3702.544, 3702.55, 3702.57, 3702.59, 3702.60,

112

3702.61, 3702.87, 3702.89, 3702.90, 3702.91,

113

3702.92, 3702.93, 3702.94, 3703.01, 3703.03,

114

3703.04, 3703.05, 3703.06, 3703.07, 3703.08,

115

3703.10, 3703.21, 3703.99, 3704.14, 3704.144,

116

3705.24, 3706.04, 3706.25, 3709.09, 3710.01,

117

3710.04, 3710.05, 3710.051, 3710.06, 3710.07,

118

3710.08, 3710.12, 3710.13, 3712.03, 3713.01,

119

3713.02, 3713.03, 3713.04, 3713.05, 3713.06,

120

3713.07, 3713.08, 3713.09, 3713.10, 3714.07,

121

3714.073, 3717.07, 3717.23, 3717.25, 3717.43,

122

3717.45, 3718.03, 3718.06, 3721.01, 3721.02,

123

3721.071, 3721.23, 3721.50, 3721.51, 3721.53,

124

3721.55, 3721.56, 3722.01, 3722.011, 3722.02,

125

3722.021, 3722.04, 3722.041, 3722.05, 3722.06,

126

3722.08, 3722.09, 3722.10, 3722.13, 3722.14,

127

3722.15, 3722.16, 3722.17, 3722.18, 3722.99,

128

3727.02, 3729.07, 3733.02, 3733.04, 3733.25,

129

3733.43, 3734.05, 3734.28, 3734.281, 3734.53,

130

3734.57, 3734.573, 3734.82, 3734.901, 3734.9010,

131

3737.71, 3743.04, 3743.25, 3745.015, 3745.11,

132

3748.01, 3748.04, 3748.07, 3748.12, 3748.13,

133

3749.04, 3770.05, 3773.35, 3773.36, 3773.43,

134

3773.45, 3773.53, 3781.03, 3781.102, 3781.11,

135

3783.05, 3791.02, 3791.04, 3791.05, 3791.07,

136

3793.02, 3793.04, 3901.38, 3901.383, 3901.3812,

137

3901.3814, 3923.021, 3923.022, 3923.122,

138

3923.24, 3923.57, 3923.58, 3923.581, 3923.66,

139

3923.67, 3923.68, 3923.75, 3923.76, 3923.77,

140

3924.01, 3924.06, 3924.09, 3924.10, 3929.43,

141

3929.67, 3953.23, 3953.231, 4104.01, 4104.02,

142

4104.06, 4104.07, 4104.08, 4104.09, 4104.10,

143

4104.101, 4104.12, 4104.15, 4104.16, 4104.17,

144

4104.18, 4104.19, 4104.21, 4104.33, 4104.42,

145

4104.43, 4104.44, 4104.48, 4105.01, 4105.02,

146

4105.03, 4105.04, 4105.05, 4105.06, 4105.09,

147

4105.11, 4105.12, 4105.13, 4105.15, 4105.16,

148

4105.17, 4105.191, 4105.20, 4105.21, 4112.01,

149

4112.04, 4112.051, 4112.052, 4117.01, 4117.02,

150

4117.07, 4117.12, 4117.24, 4121.125, 4123.442,

151

4141.08, 4141.11, 4141.162, 4169.02, 4169.03,

152

4169.04, 4171.04, 4301.43, 4303.331, 4501.06,

153

4501.24, 4503.068, 4503.10, 4503.103, 4505.01,

154

4505.06, 4505.062, 4505.09, 4505.111, 4505.181,

155

4505.20, 4507.03, 4507.24, 4507.45, 4509.101,

156

4510.22, 4511.191, 4511.81, 4513.021, 4513.03,

157

4513.04, 4513.05, 4513.06, 4513.07, 4513.071,

158

4513.09, 4513.11, 4513.111, 4513.12, 4513.13,

159

4513.14, 4513.15, 4513.16, 4513.17, 4513.171,

160

4513.18, 4513.19, 4513.21, 4513.22, 4513.23,

161

4513.24, 4513.242, 4513.28, 4513.60, 4513.65,

162

4513.99, 4517.01, 4517.02, 4517.03, 4517.30,

163

4517.33, 4517.43, 4519.02, 4519.04, 4519.44,

164

4519.59, 4549.10, 4549.12, 4705.09, 4705.10,

165

4709.12, 4713.28, 4713.32, 4713.63, 4713.64,

166

4731.10, 4731.26, 4731.38, 4733.10, 4735.06,

167

4735.09, 4735.12, 4735.13, 4735.15, 4740.03,

168

4740.11, 4740.14, 4741.41, 4741.44, 4741.45,

169

4741.46, 4755.06, 4755.12, 4757.10, 4757.31,

170

4757.36, 4763.01, 4763.03, 4763.04, 4763.05,

171

4763.07, 4763.09, 4763.11, 4763.13, 4763.14,

172

4763.17, 4766.09, 4767.05, 4767.07, 4767.08,

173

4781.01, 4781.02, 4781.04, 4781.05, 4781.06,

174

4781.07, 4905.06, 4919.79, 4923.12, 4923.20,

175

4928.01, 5101.11, 5101.16, 5101.162, 5101.26,

176

5101.33, 5101.34, 5101.47, 5101.50, 5101.5212,

177

5101.54, 5101.541, 5101.544, 5101.571, 5101.573,

178

5101.60, 5101.61, 5101.83, 5101.84, 5104.01,

179

5104.051, 5104.30, 5104.32, 5104.341, 5104.35,

180

5104.38, 5104.39, 5104.42, 5107.05, 5107.16,

181

5107.17, 5107.58, 5111.01, 5111.015, 5111.028,

182

5111.032, 5111.033, 5111.034, 5111.06, 5111.176,

183

5111.222, 5111.23, 5111.231, 5111.232, 5111.235,

184

5111.24, 5111.241, 5111.25, 5111.251, 5111.261,

185

5111.65, 5111.651, 5111.688, 5111.705, 5111.85,

186

5111.851, 5111.874, 5111.875, 5111.89, 5111.894,

187

5112.30, 5112.31, 5112.37, 5112.371, 5115.03,

188

5119.16, 5119.61, 5120.032, 5120.033, 5120.09,

189

5120.135, 5122.31, 5123.049, 5123.0412,

190

5123.0413, 5126.044, 5126.05, 5126.054, 5126.055,

191

5126.0512, 5126.19, 5126.24, 5139.43, 5501.04,

192

5502.01, 5502.14, 5502.15, 5505.06, 5701.11,

193

5703.05, 5703.37, 5703.80, 5705.214, 5705.29,

194

5705.341, 5705.37, 5705.392, 5711.33, 5715.02,

195

5715.251, 5715.26, 5717.03, 5717.04, 5725.18,

196

5725.98, 5727.84, 5728.12, 5729.03, 5729.98,

197

5733.01, 5733.04, 5733.98, 5735.142, 5739.01,

198

5739.02, 5739.03, 5739.033, 5739.09, 5739.131,

199

5743.15, 5743.61, 5747.01, 5747.113, 5747.13,

200

5747.16, 5747.98, 5748.02, 5748.03, 5749.02,

201

5749.12, 5751.01, 5751.011, 5751.012, 5751.013,

202

5751.03, 5751.04, 5751.05, 5751.051, 5751.06,

203

5751.08, 5751.09, 5751.20, 5751.21, 5911.10,

204

5913.09, 6103.01, 6103.02, 6109.21, 6111.044,

205

6117.01, 6117.02, and 6119.011; to amend, for the

206

purpose of adopting new section numbers as

207

indicated in parentheses, sections 173.43

208

(173.422), 1517.14 (1547.81), 1517.16 (1547.82),

209

1517.17 (1547.83), 1517.18 (1547.84), 3313.174

210

(3313.82), 3319.233 (3333.049), 3334.03

211

(3334.031), 3701.71 (3727.05), 3701.72 (3727.051),

212

3727.04 (3727.053), 3727.05 (3727.04), 5101.5110

213

(5101.5111), and 5111.688 (5111.689); to enact

214

new sections 173.43, 3301.0712, 3319.222, 3334.03,

215

5101.5110, and 5111.688 and sections 9.317,

216

111.26, 111.27, 117.54, 121.375, 122.042, 122.12,

217

122.121, 122.85, 124.821, 124.822, 124.86,

218

125.20, 125.24, 145.117, 148.05, 149.308, 150.051,

219

153.013, 173.28, 173.352, 173.402, 173.403,

220

173.421, 173.423, 173.424, 173.425, 173.431,

221

173.432, 173.433, 173.434, 173.501, 173.70,

222

311.32, 737.39, 742.117, 901.041, 901.91, 927.54,

223

943.031, 1327.501, 1327.71, 1513.021, 1547.02,

224

1547.85, 1547.86, 1547.87, 2315.50, 3119.371,

225

3301.122, 3301.80, 3301.81, 3301.82, 3301.83,

226

3301.90, 3306.01, 3306.011, 3306.012, 3306.02,

227

3306.03, 3306.031, 3306.04, 3306.05, 3306.051,

228

3306.052, 3306.06, 3306.07, 3306.08, 3306.09,

229

3306.091, 3306.10, 3306.11, 3306.12, 3306.13,

230

3306.14, 3306.15, 3306.16, 3306.17, 3306.18,

231

3306.19, 3306.191, 3306.21, 3306.25, 3306.29,

232

3306.291, 3306.292, 3306.30, 3306.31, 3306.32,

233

3306.321, 3306.33, 3306.34, 3306.35, 3306.40,

234

3306.50, 3306.51, 3306.52, 3306.53, 3306.54,

235

3306.55, 3306.56, 3306.57, 3307.155, 3309.1510,

236

3310.15, 3311.0510, 3313.485, 3313.821,

237

3314.031, 3314.052, 3314.075, 3314.102, 3314.191,

238

3314.192, 3314.39, 3314.42, 3314.43, 3314.44,

239

3317.018, 3318.312, 3319.223, 3319.611, 3319.612,

240

3319.70, 3319.71, 3321.041, 3333.048, 3333.39,

241

3333.391, 3333.392, 3333.90, 3333.91, 3334.032,

242

3334.111, 3345.36, 3353.09, 3353.20, 3354.24,

243

3365.12, 3375.79, 3701.0211, 3701.611, 3702.592,

244

3702.593, 3702.594, 3706.35, 3709.092, 3710.141,

245

3715.041, 3721.511, 3721.512, 3721.513, 3722.022,

246

3727.052, 3734.282, 3745.50, 3745.51, 3745.52,

247

3745.53, 3745.54, 3745.55, 3745.56, 3745.57,

248

3745.58, 3793.21, 3903.77, 3923.241, 3923.90,

249

3923.91, 4113.11, 4113.81, 4113.82, 4113.83,

250

4113.84, 4113.85, 4113.86, 4123.446, 4501.243,

251

4501.29, 4503.563, 4582.71, 4781.16, 4781.17,

252

4781.18, 4781.19, 4781.20, 4781.21, 4781.22,

253

4781.23, 4781.24, 4781.25, 4781.99, 4919.80,

254

5101.073, 5101.504, 5101.5210, 5101.542,

255

5111.179, 5111.88, 5111.881, 5111.882, 5111.883,

256

5111.884, 5111.885, 5111.886, 5111.887, 5111.888,

257

5111.889, 5111.8810, 5111.8811, 5112.372,

258

5112.40, 5112.41, 5112.42, 5112.43, 5112.44,

259

5112.45, 5112.451, 5112.46, 5112.47, 5112.48,

260

5119.621, 5119.622, 5155.38, 5505.0611,

261

5705.219, 5705.2110, 5725.33, 5729.16, 5733.58,

262

5733.59, 5739.051, 5747.66, 5751.014, 5911.11,

263

5919.20, 5919.36, and 6119.091; to repeal

264

sections 173.71, 173.72, 173.721, 173.722,

265

173.723, 173.724, 173.73, 173.731, 173.732,

266

173.74, 173.741, 173.742, 173.75, 173.751,

267

173.752, 173.753, 173.76, 173.77, 173.771,

268

173.772, 173.773, 173.78, 173.79, 173.791,

269

173.80, 173.801, 173.802, 173.803, 173.81,

270

173.811, 173.812, 173.813, 173.814, 173.815,

271

173.82, 173.83, 173.831, 173.832, 173.833,

272

173.84, 173.85, 173.86, 173.861, 173.87,

273

173.871, 173.872, 173.873, 173.874, 173.875,

274

173.876, 173.88, 173.89, 173.891, 173.892,

275

173.90, 173.91, 905.38, 905.381, 905.66, 907.16,

276

927.74, 1504.01, 1504.02, 1504.03, 1504.04,

277

1517.15, 1521.02, 1711.58, 3301.0712, 3301.0718,

278

3301.43, 3302.032, 3314.026, 3314.085, 3314.13,

279

3317.10, 3319.0810, 3319.222, 3319.23, 3319.302,

280

3319.304, 3333.27, 3701.73, 3701.77, 3701.771,

281

3701.772, 3702.511, 3702.523, 3702.527,

282

3702.528, 3702.529, 3702.542, 3704.143, 3724.01,

283

3724.02, 3724.021, 3724.03, 3724.04, 3724.05,

284

3724.06, 3724.07, 3724.08, 3724.09, 3724.10,

285

3724.11, 3724.12, 3724.13, 3724.99, 4517.052,

286

4517.27, 4735.22, 4735.23, 5101.072, 5111.083,

287

5111.178, 5145.32, and 5923.141 of the Revised

288

Code; to amend Sections 205.10, 321.10, 325.20,

289

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

290

General Assembly; to amend Section 269.60.60 of

291

H.B. 119 of the 127th General Assembly and to

292

amend Section 269.60.60 of H.B. 119 of the 127th

293

General Assembly to codify the Section as

294

section 3314.38 of the Revised Code; to amend

295

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

296

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

297

the 124th General Assembly to codify the Section

298

as section 3314.027 of the Revised Code; to

299

amend Section 309.10 of Am. Sub. H.B. 2 of the

300

128th General Assembly; to amend Section 317.10

301

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

302

to amend Sections 103.80.80, 103.80.90, and

303

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

304

Assembly; to amend Section 11 of Am. Sub. H.B. 554

305

of the 127th General Assembly; to amend Sections

306

233.40.30, 233.50.80, and 701.20 of H.B. 562 of

307

the 127th General Assembly; to amend Section

308

831.06 of H.B. 530 of the 126th General Assembly;

309

to amend Section 4 of H.B. 516 of the 125th

310

General Assembly, as subsequently amended; to

311

amend Section 153 of Am. Sub. H.B. 117 of the

312

121st General Assembly, as subsequently amended;

313

to repeal Section 325.05 of Am. Sub. H.B. 2 of the

314

128th General Assembly; to amend the version of

315

section 2949.111 of the Revised Code that is

316

scheduled to take effect January 1, 2010, to

317

continue the provisions of this act on and after

318

that effective date; to amend the version of

319

section 5739.033 of the Revised Code that is

320

scheduled to take effect January 1, 2010, to

321

continue the provisions of this act on and after

322

that effective date; to repeal sections 5112.40,

323

5112.41, 5112.42, 5112.43, 5112.44, 5112.45,

324

5112.451, 5112.46, 5112.47, and 5112.48 of the

325

Revised Code, effective October 1, 2011; to make

326

operating appropriations for the biennium

327

beginning July 1, 2009, and ending June 30, 2011,

328

and to provide authorization and conditions for

329

the operation of state programs.

330

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

Section 101.01. That sections 9.06, 9.314, 107.21, 109.572,	331
118.05, 120.08, 120.52, 120.53, 121.04, 121.08, 121.083,	332
121.084, 121.31, 121.40, 121.401, 121.402, 122.05, 122.051,	333
122.075, 122.151, 122.17, 122.171, 122.40, 122.603, 122.71,	334
122.751, 122.76, 123.01, 123.152, 124.03, 124.04, 124.07, 124.11,	335
124.134, 124.14, 124.15, 124.152, 124.18, 124.183, 124.22,	336
124.23, 124.321, 124.324, 124.325, 124.34, 124.381, 124.382,	337
124.385, 124.386, 124.392, 124.81, 125.081, 125.22, 125.831,	338
126.05, 126.21, 127.16, 131.33, 133.06, 141.04, 145.012, 145.11,	339
145.298, 148.02, 148.04, 149.43, 150.01, 150.02, 150.03, 150.04,	340
150.05, 150.07, 152.09, 152.10, 152.12, 152.15, 152.33, 156.01,	341
156.02, 156.03, 156.04, 166.07, 169.08, 173.08, 173.35, 173.392,	342
173.401, 173.42, 173.43, 173.50, 173.71, 173.99, 174.02, 174.03,	343
174.06, 176.05, 307.626, 307.629, 307.79, 319.301, 319.302,	344
319.54, 321.24, 323.156, 329.042, 329.06, 340.033, 343.01,	345
504.21, 718.04, 721.15, 742.11, 901.20, 901.43, 903.082, 903.11,	346
903.25, 905.32, 905.33, 905.331, 905.36, 905.50, 905.51, 905.52,	347
905.56, 907.13, 907.14, 907.30, 907.31, 915.24, 918.08, 918.28,	348
921.02, 921.06, 921.09, 921.11, 921.13, 921.16, 921.22, 921.27,	349
921.29, 923.44, 923.46, 927.51, 927.52, 927.53, 927.56, 927.69,	350
927.70, 927.701, 927.71, 942.01, 942.02, 942.06, 942.13, 943.01,	351
943.02, 943.04, 943.05, 943.06, 943.07, 943.13, 943.14, 943.16,	352
953.21, 953.22, 953.23, 955.201, 1322.03, 1322.031, 1322.04,	353
1322.041, 1327.46, 1327.50, 1327.51, 1327.511, 1327.52, 1327.54,	354
1327.57, 1327.58, 1327.60, 1327.62, 1327.70, 1327.99, 1332.24,	355
1332.25, 1347.08, 1501.01, 1501.05, 1501.07, 1501.30, 1502.12,	356
1506.01, 1507.01, 1511.01, 1511.02, 1511.021, 1511.022, 1511.03,	357
1511.04, 1511.05, 1511.06, 1511.07, 1511.071, 1511.08, 1514.08,	358
1514.13, 1515.08, 1515.14, 1515.183, 1517.02, 1517.10, 1517.11,	359
1517.14, 1517.16, 1517.17, 1517.18, 1519.03, 1520.02, 1520.03,	360
1521.03, 1521.031, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062,	361
1521.063, 1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13,	362
1521.14, 1521.15, 1521.16, 1521.18, 1521.19, 1523.01, 1523.02,	363
1523.03, 1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09,	364
1523.10, 1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16,	365
1523.17, 1523.18, 1523.19, 1523.20, 1531.01, 1533.10, 1533.11,	366
1541.03, 1547.01, 1547.51, 1547.52, 1547.531, 1547.54, 1547.542,	367
1547.73, 1547.99, 1548.10, 1707.17, 1707.18, 1707.37, 1710.01,	368
1710.02, 1710.03, 1710.04, 1710.06, 1710.10, 1710.13, 1739.05,	369
1751.03, 1751.04, 1751.05, 1751.14, 1751.15, 1751.16, 1751.19,	370
1751.32, 1751.321, 1751.34, 1751.35, 1751.36, 1751.45, 1751.46,	371
1751.48, 1751.831, 1751.84, 1753.09, 1901.31, 2151.011,	372
2317.422, 2503.17, 2903.13, 2903.21, 2903.211, 2903.22, 2903.33,	373
2911.21, 2913.46, 2921.13, 2929.17, 2937.22, 2949.091, 2949.111,	374
2981.13, 3105.87, 3119.01, 3121.037, 3121.0311, 3121.19,	375
3121.20, 3121.898, 3123.952, 3125.25, 3301.07, 3301.073,	376
3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.0716,	377
3301.12, 3301.16, 3301.42, 3301.55, 3301.68, 3302.01, 3302.02,	378
3302.021, 3302.03, 3302.031, 3302.05, 3302.07, 3304.231,	379
3307.15, 3307.31, 3307.64, 3309.15, 3309.41, 3309.48, 3309.51,	380
3310.03, 3310.08, 3310.09, 3310.11, 3310.14, 3310.41, 3311.06,	381
3311.19, 3311.21, 3311.29, 3311.52, 3311.76, 3313.174, 3313.41,	382
3313.48, 3313.481, 3313.482, 3313.483, 3313.53, 3313.532,	383
3313.533, 3313.536, 3313.55, 3313.60, 3313.603, 3313.605,	384
3313.607, 3313.608, 3313.61, 3313.611, 3313.612, 3313.614,	385
3313.615, 3313.62, 3313.64, 3313.642, 3313.6410, 3313.65,	386
3313.673, 3313.68, 3313.713, 3313.843, 3313.976, 3313.978,	387
3313.98, 3313.981, 3314.012, 3314.015, 3314.016, 3314.02,	388
3314.021, 3314.024, 3314.03, 3314.051, 3314.08, 3314.083,	389
3314.084, 3314.087, 3314.091, 3314.10, 3314.19, 3314.21,	390
3314.25, 3314.26, 3314.35, 3314.36, 3315.17, 3315.37, 3316.041,	391
3316.06, 3316.20, 3317.01, 3317.02, 3317.021, 3317.022,	392
3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0216,	393
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053,	394
3317.061, 3317.063, 3317.08, 3317.081, 3317.082, 3317.12,	395
3317.16, 3317.18, 3317.20, 3317.201, 3318.011, 3318.051,	396
3318.061, 3318.08, 3318.36, 3318.38, 3318.44, 3319.073, 3319.08,	397
3319.081, 3319.088, 3319.11, 3319.151, 3319.16, 3319.17,	398
3319.172, 3319.22, 3319.221, 3319.233, 3319.234, 3319.235,	399
3319.24, 3319.25, 3319.26, 3319.261, 3319.28, 3319.291,	400
3319.303, 3319.36, 3319.41, 3319.51, 3319.56, 3319.57, 3319.60,	401
3319.61, 3319.63, 3321.01, 3321.05, 3323.05, 3323.091, 3323.14,	402
3323.142, 3324.05, 3325.08, 3326.11, 3326.14, 3326.21, 3326.23,	403
3326.31, 3326.32, 3326.33, 3326.34, 3326.36, 3326.37, 3326.38,	404
3326.51, 3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122,	405
3333.123, 3333.16, 3333.28, 3333.35, 3333.38, 3333.61, 3333.66,	406
3333.83, 3334.01, 3334.02, 3334.03, 3334.04, 3334.06, 3334.07,	407
3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.16, 3334.17,	408
3334.18, 3334.19, 3334.20, 3334.21, 3345.011, 3345.12, 3345.32,	409
3345.61, 3345.62, 3345.63, 3345.64, 3345.65, 3345.66, 3349.242,	410
3365.01, 3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10,	411
3501.17, 3701.024, 3701.045, 3701.07, 3701.344, 3701.71,	412
3701.72, 3701.78, 3701.84, 3702.51, 3702.52, 3702.524, 3702.525,	413
3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.57,	414
3702.59, 3702.60, 3702.61, 3702.87, 3702.89, 3702.90, 3702.91,	415
3702.92, 3702.93, 3702.94, 3703.01, 3703.03, 3703.04, 3703.05,	416
3703.06, 3703.07, 3703.08, 3703.10, 3703.21, 3703.99, 3704.14,	417
3704.144, 3705.24, 3706.04, 3706.25, 3709.09, 3710.01, 3710.04,	418
3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.12, 3710.13,	419
3712.03, 3713.01, 3713.02, 3713.03, 3713.04, 3713.05, 3713.06,	420
3713.07, 3713.08, 3713.09, 3713.10, 3714.07, 3714.073, 3717.07,	421
3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06, 3721.01,	422
3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, 3721.55,	423
3721.56, 3722.01, 3722.011, 3722.02, 3722.021, 3722.04,	424
3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10, 3722.13,	425
3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99, 3727.02,	426
3729.07, 3733.02, 3733.04, 3733.25, 3733.43, 3734.05, 3734.28,	427
3734.281, 3734.53, 3734.57, 3734.573, 3734.82, 3734.901,	428
3734.9010, 3737.71, 3743.04, 3743.25, 3745.015, 3745.11,	429
3748.01, 3748.04, 3748.07, 3748.12, 3748.13, 3749.04, 3770.05,	430
3773.35, 3773.36, 3773.43, 3773.45, 3773.53, 3781.03, 3781.102,	431
3781.11, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07, 3793.02,	432
3793.04, 3901.38, 3901.383, 3901.3812, 3901.3814, 3923.021,	433
3923.022, 3923.122, 3923.24, 3923.57, 3923.58, 3923.581,	434
3923.66, 3923.67, 3923.68, 3923.75, 3923.76, 3923.77, 3924.01,	435
3924.06, 3924.09, 3924.10, 3929.43, 3929.67, 3953.23, 3953.231,	436
4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09, 4104.10,	437
4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18, 4104.19,	438
4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48, 4105.01,	439
4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09, 4105.11,	440
4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 4105.20,	441
4105.21, 4112.01, 4112.04, 4112.051, 4112.052, 4117.01, 4117.02,	442
4117.07, 4117.12, 4117.24, 4121.125, 4123.442, 4141.08, 4141.11,	443
4141.162, 4169.02, 4169.03, 4169.04, 4171.04, 4301.43,	444
4303.331, 4501.06, 4501.24, 4503.068, 4503.10, 4503.103, 4505.01,	445
4505.06, 4505.062, 4505.09, 4505.111, 4505.181, 4505.20, 4507.03,	446
4507.24, 4507.45, 4509.101, 4510.22, 4511.191, 4511.81,	447
4513.021, 4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071,	448
4513.09, 4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15,	449
4513.16, 4513.17, 4513.171, 4513.18, 4513.19, 4513.21, 4513.22,	450
4513.23, 4513.24, 4513.242, 4513.28, 4513.60, 4513.65, 4513.99,	451
4517.01, 4517.02, 4517.03, 4517.30, 4517.33, 4517.43, 4519.02,	452
4519.04, 4519.44, 4519.59, 4549.10, 4549.12, 4705.09, 4705.10,	453
4709.12, 4713.28, 4713.32, 4713.63, 4713.64, 4731.10, 4731.26,	454
4731.38, 4733.10, 4735.06, 4735.09, 4735.12, 4735.13, 4735.15,	455
4740.03, 4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46,	456
4755.06, 4755.12, 4757.10, 4757.31, 4757.36, 4763.01, 4763.03,	457
4763.04, 4763.05, 4763.07, 4763.09, 4763.11, 4763.13, 4763.14,	458
4763.17, 4766.09, 4767.05, 4767.07, 4767.08, 4781.01, 4781.02,	459
4781.04, 4781.05, 4781.06, 4781.07, 4905.06, 4919.79, 4923.12,	460
4923.20, 4928.01, 5101.11, 5101.16, 5101.162, 5101.26, 5101.33,	461
5101.34, 5101.47, 5101.50, 5101.5212, 5101.54, 5101.541,	462
5101.544, 5101.571, 5101.573, 5101.60, 5101.61, 5101.83,	463
5101.84, 5104.01, 5104.051, 5104.30, 5104.32, 5104.341, 5104.35,	464
5104.38, 5104.39, 5104.42, 5107.05, 5107.16, 5107.17, 5107.58,	465
5111.01, 5111.015, 5111.028, 5111.032, 5111.033, 5111.034,	466
5111.06, 5111.176, 5111.222, 5111.23, 5111.231, 5111.232,	467
5111.235, 5111.24, 5111.241, 5111.25, 5111.251, 5111.261,	468
5111.65, 5111.651, 5111.688, 5111.705, 5111.85, 5111.851,	469
5111.874, 5111.875, 5111.89, 5111.894, 5112.30, 5112.31,	470
5112.37, 5112.371, 5115.03, 5119.16, 5119.61, 5120.032,	471
5120.033, 5120.09, 5120.135, 5122.31, 5123.049, 5123.0412,	472
5123.0413, 5126.044, 5126.05, 5126.054, 5126.055, 5126.0512,	473
5126.19, 5126.24, 5139.43, 5501.04, 5502.01, 5502.14, 5502.15,	474
5505.06, 5701.11, 5703.05, 5703.37, 5703.80, 5705.214, 5705.29,	475
5705.341, 5705.37, 5705.392, 5711.33, 5715.02, 5715.251,	476
5715.26, 5717.03, 5717.04, 5725.18, 5725.98, 5727.84, 5728.12,	477
5729.03, 5729.98, 5733.01, 5733.04, 5733.98, 5735.142, 5739.01,	478
5739.02, 5739.03, 5739.033, 5739.09, 5739.131, 5743.15,	479
5743.61, 5747.01, 5747.113, 5747.13, 5747.16, 5747.98, 5748.02,	480
5748.03, 5749.02, 5749.12, 5751.01, 5751.011, 5751.012,	481
5751.013, 5751.03, 5751.04, 5751.05, 5751.051, 5751.06, 5751.08,	482
5751.09, 5751.20, 5751.21, 5911.10, 5913.09, 6103.01, 6103.02,	483
6109.21, 6111.044, 6117.01, 6117.02, and 6119.011 be amended;	484
sections 173.43 (173.422), 1517.14 (1547.81), 1517.16 (1547.82),	485
1517.17 (1547.83), 1517.18 (1547.84), 3313.174 (3313.82),	486
3319.233 (3333.049), 3334.03 (3334.031), 3701.71 (3727.05),	487
3701.72 (3727.051), 3727.04 (3727.053), 3727.05 (3727.04),	488
5101.5110 (5101.5111), and 5111.688 (5111.689) be amended for the	489
purpose of adopting new section numbers as indicated in	490
parentheses; new sections 173.43, 3301.0712, 3319.222, 3334.03,	491
5101.5110, and 5111.688 and sections 9.317, 111.26, 111.27,	492
117.54, 121.375, 122.042, 122.12, 122.121, 122.85, 124.821,	493
124.822, 124.86, 125.20, 125.24, 145.117, 148.05, 149.308,	494
150.051, 153.013, 173.28, 173.352, 173.402, 173.403, 173.421,	495
173.423, 173.424, 173.425, 173.431, 173.432, 173.433, 173.434,	496
173.501, 173.70, 311.32, 737.39, 742.117, 901.041, 901.91,	497
927.54, 943.031, 1327.501, 1327.71, 1513.021, 1547.02,	498
1547.85, 1547.86, 1547.87, 2315.50, 3119.371, 3301.122, 3301.80,	499
3301.81, 3301.82, 3301.83, 3301.90, 3306.01, 3306.011,	500
3306.012, 3306.02, 3306.03, 3306.031, 3306.04, 3306.05,	501
3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09,	502
3306.091, 3306.10, 3306.11, 3306.12, 3306.13, 3306.14, 3306.15,	503
3306.16, 3306.17, 3306.18, 3306.19, 3306.191, 3306.21, 3306.25,	504
3306.29, 3306.291, 3306.292, 3306.30, 3306.31, 3306.32,	505
3306.321, 3306.33, 3306.34, 3306.35, 3306.40, 3306.50, 3306.51,	506
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3307.155,	507
3309.1510, 3310.15, 3311.0510, 3313.485, 3313.821, 3314.031,	508
3314.052, 3314.075, 3314.102, 3314.191, 3314.192, 3314.39,	509
3314.42, 3314.43, 3314.44, 3317.018, 3318.312, 3319.223,	510
3319.611, 3319.612, 3319.70, 3319.71, 3321.041, 3333.048,	511
3333.39, 3333.391, 3333.392, 3333.90, 3333.91, 3334.032,	512
3334.111, 3345.36, 3353.09, 3353.20, 3354.24, 3365.12, 3375.79,	513
3701.0211, 3701.611, 3702.592, 3702.593, 3702.594, 3706.35,	514
3709.092, 3710.141, 3715.041, 3721.511, 3721.512, 3721.513,	515
3722.022, 3727.052, 3734.282, 3745.50, 3745.51, 3745.52, 3745.53,	516
3745.54, 3745.55, 3745.56, 3745.57, 3745.58, 3793.21, 3903.77,	517
3923.241, 3923.90, 3923.91, 4113.11, 4113.81, 4113.82, 4113.83,	518
4113.84, 4113.85, 4113.86, 4123.446, 4501.243, 4501.29, 4503.563,	519
4582.71, 4781.16, 4781.17, 4781.18, 4781.19, 4781.20, 4781.21,	520
4781.22, 4781.23, 4781.24, 4781.25, 4781.99, 4919.80, 5101.073,	521
5101.504, 5101.5210, 5101.542, 5111.179, 5111.88, 5111.881,	522
5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887,	523
5111.888, 5111.889, 5111.8810, 5111.8811, 5112.372, 5112.40,	524
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.451, 5112.46,	525
5112.47, 5112.48, 5119.621, 5119.622, 5155.38, 5505.0611,	526
5705.219, 5705.2110, 5725.33, 5729.16, 5733.58, 5733.59,	527
5739.051, 5747.66, 5751.014, 5911.11, 5919.20, 5919.36, and	528
6119.091 of the Revised Code be enacted; that Section 6 of H.B.	529
364 of the 124th General Assembly be amended and Section 6 of	530
H.B. 364 of the 124th General Assembly be amended to codify as	531
section 3314.027 of the Revised Code; and that Section 269.60.60	532
of H.B. 119 of the 127th General Assembly be amended and	533
Section 269.60.60 of H.B. 119 of the 127th General Assembly be	534
amended to codify as section 3314.38 of the Revised Code to read	535
as follows:	536

Sec. 9.06. (A)(1) The department of rehabilitation and	537
correction ~~shall~~may contract for the private operation and	538
management pursuant to this section of the initial intensive	539
program prison established pursuant to section 5120.033 of the	540
Revised Code, if one or more intensive program prisons are	541
established under that section, and may contract for the private	542
operation and management of any other facility under this section.	543
Counties and municipal corporations to the extent authorized in	544
sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code	545
may contract for the private operation and management of a	546
facility under this section. A contract entered into under this	547
section shall be for an initial term of not more than two years	548
with an option to renew for additional periods of two years.	549

(2) The department of rehabilitation and correction, by rule,	550
shall adopt minimum criteria and specifications that a person or	551
entity, other than a person or entity that satisfies the criteria	552
set forth in division (A)(3)(a) of this section and subject to	553
division (I) of this section, must satisfy in order to apply to	554
operate and manage as a contractor pursuant to this section the	555
initial intensive program prison established pursuant to section	556
5120.033 of the Revised Code if one or more intensive program	557
prisons are established under that section.	558

(3) Subject to division (I) of this section, any person or	559
entity that applies to operate and manage a facility as a	560
contractor pursuant to this section shall satisfy one or more of	561
the following criteria:	562

(a) The person or entity is accredited by the American	563
correctional association and, at the time of the application,	564
operates and manages one or more facilities accredited by the	565
American correctional association.	566

(b) The person or entity satisfies all of the minimum	567
criteria and specifications adopted by the department of	568
rehabilitation and correction pursuant to division (A)(2) of this	569
section, provided that this alternative shall be available only in	570
relation to the initial intensive program prison established	571
pursuant to section 5120.033 of the Revised Code, if one or more	572
intensive program prisons are established under that section.	573

(4) Subject to division (I) of this section, before a public	574
entity may enter into a contract under this section, the	575
contractor shall convincingly demonstrate to the public entity	576
that it can operate the facility with the inmate capacity required	577
by the public entity and provide the services required in this	578
section and realize at least a five per cent savings over the	579
projected cost to the public entity of providing these same	580
services to operate the facility that is the subject of the	581
contract. No out-of-state prisoners may be housed in any facility	582
that is the subject of a contract entered into under this section.	583

(B) Subject to division (I) of this section, any contract	584
entered into under this section shall include all of the	585
following:	586

(1) A requirement that the contractor retain the contractor's	587
accreditation from the American correctional association	588
throughout the contract term or, if the contractor applied	589
pursuant to division (A)(3)(b) of this section, continue complying	590
with the applicable criteria and specifications adopted by the	591
department of rehabilitation and correction pursuant to division	592
(A)(2) of this section;	593

(2) A requirement that all of the following conditions be	594
met:	595

(a) The contractor begins the process of accrediting the	596
facility with the American correctional association no later than	597
sixty days after the facility receives its first inmate.	598

(b) The contractor receives accreditation of the facility	599
within twelve months after the date the contractor applies to the	600
American correctional association for accreditation.	601

(c) Once the accreditation is received, the contractor	602
maintains it for the duration of the contract term.	603

(d) If the contractor does not comply with divisions	604
(B)(2)(a) to (c) of this section, the contractor is in violation	605
of the contract, and the public entity may revoke the contract at	606
its discretion.	607

(3) A requirement that the contractor comply with all rules	608
promulgated by the department of rehabilitation and correction	609
that apply to the operation and management of correctional	610
facilities, including the minimum standards for jails in Ohio and	611
policies regarding the use of force and the use of deadly force,	612
although the public entity may require more stringent standards,	613
and comply with any applicable laws, rules, or regulations of the	614
federal, state, and local governments, including, but not limited	615
to, sanitation, food service, safety, and health regulations. The	616
contractor shall be required to send copies of reports of	617
inspections completed by the appropriate authorities regarding	618
compliance with rules and regulations to the director of	619
rehabilitation and correction or the director's designee and, if	620
contracting with a local public entity, to the governing authority	621
of that entity.	622

(4) A requirement that the contractor report for	623
investigation all crimes in connection with the facility to the	624
public entity, to all local law enforcement agencies with	625
jurisdiction over the place at which the facility is located, and,	626
for a crime committed at a state correctional institution, to the	627
state highway patrol;	628

(5) A requirement that the contractor immediately report all	629
escapes from the facility, and the apprehension of all escapees,	630
by telephone and in writing to all local law enforcement agencies	631
with jurisdiction over the place at which the facility is located,	632
to the prosecuting attorney of the county in which the facility is	633
located, to the state highway patrol, to a daily newspaper having	634
general circulation in the county in which the facility is	635
located, and, if the facility is a state correctional institution,	636
to the department of rehabilitation and correction. The written	637
notice may be by either facsimile transmission or mail. A failure	638
to comply with this requirement regarding an escape is a violation	639
of section 2921.22 of the Revised Code.	640

(6) A requirement that, if the facility is a state	641
correctional institution, the contractor provide a written report	642
within specified time limits to the director of rehabilitation and	643
correction or the director's designee of all unusual incidents at	644
the facility as defined in rules promulgated by the department of	645
rehabilitation and correction or, if the facility is a local	646
correctional institution, that the contractor provide a written	647
report of all unusual incidents at the facility to the governing	648
authority of the local public entity;	649

(7) A requirement that the contractor maintain proper control	650
of inmates' personal funds pursuant to rules promulgated by the	651
department of rehabilitation and correction for state correctional	652
institutions or pursuant to the minimum standards for jails along	653
with any additional standards established by the local public	654
entity for local correctional institutions and that records	655
pertaining to these funds be made available to representatives of	656
the public entity for review or audit;	657

(8) A requirement that the contractor prepare and distribute	658
to the director of rehabilitation and correction or, if	659
contracting with a local public entity, to the governing authority	660
of the local entity annual budget income and expenditure	661
statements and funding source financial reports;	662

(9) A requirement that the public entity appoint and	663
supervise a full-time contract monitor, that the contractor	664
provide suitable office space for the contract monitor at the	665
facility, and that the contractor allow the contract monitor	666
unrestricted access to all parts of the facility and all records	667
of the facility except the contractor's financial records;	668

(10) A requirement that if the facility is a state	669
correctional institution designated department of rehabilitation	670
and correction staff members be allowed access to the facility in	671
accordance with rules promulgated by the department;	672

(11) A requirement that the contractor provide internal and	673
perimeter security as agreed upon in the contract;	674

(12) If the facility is a state correctional institution, a	675
requirement that the contractor impose discipline on inmates	676
housed in a state correctional institution only in accordance with	677
rules promulgated by the department of rehabilitation and	678
correction;	679

(13) A requirement that the facility be staffed at all times	680
with a staffing pattern approved by the public entity and adequate	681
both to ensure supervision of inmates and maintenance of security	682
within the facility and to provide for programs, transportation,	683
security, and other operational needs. In determining security	684
needs, the contractor shall be required to consider, among other	685
things, the proximity of the facility to neighborhoods and	686
schools.	687

(14) If the contract is with a local public entity, a	688
requirement that the contractor provide services and programs,	689
consistent with the minimum standards for jails promulgated by the	690
department of rehabilitation and correction under section 5120.10	691
of the Revised Code;	692

(15) A clear statement that no immunity from liability	693
granted to the state, and no immunity from liability granted to	694
political subdivisions under Chapter 2744. of the Revised Code,	695
shall extend to the contractor or any of the contractor's	696
employees;	697

(16) A statement that all documents and records relevant to	698
the facility shall be maintained in the same manner required for,	699
and subject to the same laws, rules, and regulations as apply to,	700
the records of the public entity;	701

(17) Authorization for the public entity to impose a fine on	702
the contractor from a schedule of fines included in the contract	703
for the contractor's failure to perform its contractual duties or	704
to cancel the contract, as the public entity considers	705
appropriate. If a fine is imposed, the public entity may reduce	706
the payment owed to the contractor pursuant to any invoice in the	707
amount of the imposed fine.	708

(18) A statement that all services provided or goods produced	709
at the facility shall be subject to the same regulations, and the	710
same distribution limitations, as apply to goods and services	711
produced at other correctional institutions;	712

(19) Authorization for the department to establish one or	713
more prison industries at a facility operated and managed by a	714
contractor for the department;	715

(20) A requirement that, if the facility is an intensive	716
program prison established pursuant to section 5120.033 of the	717
Revised Code, the facility shall comply with all criteria for	718
intensive program prisons of that type that are set forth in that	719
section;	720

(21) If the institution is a state correctional institution,	721
a requirement that the contractor provide clothing for all inmates	722
housed in the facility that is conspicuous in its color, style, or	723
color and style, that conspicuously identifies its wearer as an	724
inmate, and that is readily distinguishable from clothing of a	725
nature that normally is worn outside the facility by non-inmates,	726
that the contractor require all inmates housed in the facility to	727
wear the clothing so provided, and that the contractor not permit	728
any inmate, while inside or on the premises of the facility or	729
while being transported to or from the facility, to wear any	730
clothing of a nature that does not conspicuously identify its	731
wearer as an inmate and that normally is worn outside the facility	732
by non-inmates.	733

(C) No contract entered into under this section may require,	734
authorize, or imply a delegation of the authority or	735
responsibility of the public entity to a contractor for any of the	736
following:	737

(1) Developing or implementing procedures for calculating	738
inmate release and parole eligibility dates and recommending the	739
granting or denying of parole, although the contractor may submit	740
written reports that have been prepared in the ordinary course of	741
business;	742

(2) Developing or implementing procedures for calculating and	743
awarding earned credits, approving the type of work inmates may	744
perform and the wage or earned credits, if any, that may be	745
awarded to inmates engaging in that work, and granting, denying,	746
or revoking earned credits;	747

(3) For inmates serving a term imposed for a felony offense	748
committed prior to July 1, 1996, or for a misdemeanor offense,	749
developing or implementing procedures for calculating and awarding	750
good time, approving the good time, if any, that may be awarded to	751
inmates engaging in work, and granting, denying, or revoking good	752
time;	753

(4) Classifying an inmate or placing an inmate in a more or	754
a less restrictive custody than the custody ordered by the public	755
entity;	756

(5) Approving inmates for work release;

757

(6) Contracting for local or long distance telephone services	758
for inmates or receiving commissions from those services at a	759
facility that is owned by or operated under a contract with the	760
department.	761

(D) A contractor that has been approved to operate a facility	762
under this section, and a person or entity that enters into a	763
contract for specialized services, as described in division (I) of	764
this section, relative to an intensive program prison established	765
pursuant to section 5120.033 of the Revised Code to be operated by	766
a contractor that has been approved to operate the prison under	767
this section, shall provide an adequate policy of insurance	768
specifically including, but not limited to, insurance for civil	769
rights claims as determined by a risk management or actuarial firm	770
with demonstrated experience in public liability for state	771
governments. The insurance policy shall provide that the state,	772
including all state agencies, and all political subdivisions of	773
the state with jurisdiction over the facility or in which a	774
facility is located are named as insured, and that the state and	775
its political subdivisions shall be sent any notice of	776
cancellation. The contractor may not self-insure.	777

A contractor that has been approved to operate a facility	778
under this section, and a person or entity that enters into a	779
contract for specialized services, as described in division (I) of	780
this section, relative to an intensive program prison established	781
pursuant to section 5120.033 of the Revised Code to be operated by	782
a contractor that has been approved to operate the prison under	783
this section, shall indemnify and hold harmless the state, its	784
officers, agents, and employees, and any local government entity	785
in the state having jurisdiction over the facility or ownership of	786
the facility, shall reimburse the state for its costs in defending	787
the state or any of its officers, agents, or employees, and shall	788
reimburse any local government entity of that nature for its costs	789
in defending the local government entity, from all of the	790
following:	791

(1) Any claims or losses for services rendered by the	792
contractor, person, or entity performing or supplying services in	793
connection with the performance of the contract;	794

(2) Any failure of the contractor, person, or entity or its	795
officers or employees to adhere to the laws, rules, regulations,	796
or terms agreed to in the contract;	797

(3) Any constitutional, federal, state, or civil rights claim	798
brought against the state related to the facility operated and	799
managed by the contractor;	800

(4) Any claims, losses, demands, or causes of action arising	801
out of the contractor's, person's, or entity's activities in this	802
state;	803

(5) Any attorney's fees or court costs arising from any	804
habeas corpus actions or other inmate suits that may arise from	805
any event that occurred at the facility or was a result of such an	806
event, or arise over the conditions, management, or operation of	807
the facility, which fees and costs shall include, but not be	808
limited to, attorney's fees for the state's representation and for	809
any court-appointed representation of any inmate, and the costs of	810
any special judge who may be appointed to hear those actions or	811
suits.	812

(E) Private correctional officers of a contractor operating	813
and managing a facility pursuant to a contract entered into under	814
this section may carry and use firearms in the course of their	815
employment only after being certified as satisfactorily completing	816
an approved training program as described in division (A) of	817
section 109.78 of the Revised Code.	818

(F) Upon notification by the contractor of an escape from, or	819
of a disturbance at, the facility that is the subject of a	820
contract entered into under this section, the department of	821
rehabilitation and correction and state and local law enforcement	822
agencies shall use all reasonable means to recapture escapees or	823
quell any disturbance. Any cost incurred by the state or its	824
political subdivisions relating to the apprehension of an escapee	825
or the quelling of a disturbance at the facility shall be	826
chargeable to and borne by the contractor. The contractor shall	827
also reimburse the state or its political subdivisions for all	828
reasonable costs incurred relating to the temporary detention of	829
the escapee following recapture.	830

(G) Any offense that would be a crime if committed at a state	831
correctional institution or jail, workhouse, prison, or other	832
correctional facility shall be a crime if committed by or with	833
regard to inmates at facilities operated pursuant to a contract	834
entered into under this section.	835

(H) A contractor operating and managing a facility pursuant	836
to a contract entered into under this section shall pay any inmate	837
workers at the facility at the rate approved by the public entity.	838
Inmates working at the facility shall not be considered employees	839
of the contractor.	840

(I) In contracting for the private operation and management	841
pursuant to division (A) of this section of ~~the initial~~any	842
intensive program prison established pursuant to section 5120.033	843
of the Revised Code ~~or of any other intensive program prison~~	844
~~established pursuant to that section~~, the department of	845
rehabilitation and correction may enter into a contract with a	846
contractor for the general operation and management of the prison	847
and may enter into one or more separate contracts with other	848
persons or entities for the provision of specialized services for	849
persons confined in the prison, including, but not limited to,	850
security or training services or medical, counseling, educational,	851
or similar treatment programs. If, pursuant to this division, the	852
department enters into a contract with a contractor for the	853
general operation and management of the prison and also enters	854
into one or more specialized service contracts with other persons	855
or entities, all of the following apply:	856

(1) The contract for the general operation and management	857
shall comply with all requirements and criteria set forth in this	858
section, and all provisions of this section apply in relation to	859
the prison operated and managed pursuant to the contract.	860

(2) Divisions (A)(2), (B), and (C) of this section do not	861
apply in relation to any specialized services contract, except to	862
the extent that the provisions of those divisions clearly are	863
relevant to the specialized services to be provided under the	864
specialized services contract. Division (D) of this section	865
applies in relation to each specialized services contract.	866

(J) As used in this section:

867

(1) "Public entity" means the department of rehabilitation	868
and correction, or a county or municipal corporation or a	869
combination of counties and municipal corporations, that has	870
jurisdiction over a facility that is the subject of a contract	871
entered into under this section.	872

(2) "Local public entity" means a county or municipal	873
corporation, or a combination of counties and municipal	874
corporations, that has jurisdiction over a jail, workhouse, or	875
other correctional facility used only for misdemeanants that is	876
the subject of a contract entered into under this section.	877

(3) "Governing authority of a local public entity" means, for	878
a county, the board of county commissioners; for a municipal	879
corporation, the legislative authority; for a combination of	880
counties and municipal corporations, all the boards of county	881
commissioners and municipal legislative authorities that joined to	882
create the facility.	883

(4) "Contractor" means a person or entity that enters into a	884
contract under this section to operate and manage a jail,	885
workhouse, or other correctional facility.	886

(5) "Facility" means the specific county, multicounty,	887
municipal, municipal-county, or multicounty-municipal jail,	888
workhouse, prison, or other type of correctional institution or	889
facility used only for misdemeanants, or a state correctional	890
institution, that is the subject of a contract entered into under	891
this section.	892

(6) "Person or entity" in the case of a contract for the	893
private operation and management of a state correctional	894
institution, includes an employee organization, as defined in	895
section 4117.01 of the Revised Code, that represents employees at	896
state correctional institutions.	897

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

898

(1) "Contracting authority" has the same meaning as in	899
section 307.92 of the Revised Code.	900

(2) "Political subdivision" means a municipal corporation,	901
township, county, school district, or other body corporate and	902
politic responsible for governmental activities only in geographic	903
areas smaller than that of the state and also includes a	904
contracting authority.	905

(3) "Reverse auction" means a purchasing process in which	906
offerors submit proposals in competing to sell services or	907
supplies in an open environment via the internet.	908

(4) "Services" means the furnishing of labor, time, or effort	909
by a person, not involving the delivery of a specific end product	910
other than a report which, if provided, is merely incidental to	911
the required performance. "Services" does not include services	912
furnished pursuant to employment agreements or collective	913
bargaining agreements.	914

(5) "Supplies" means all property, including, but not limited	915
to, equipment, materials, other tangible assets, and insurance,	916
but excluding real property or interests in real property.	917

(B)(1) Whenever any political subdivision determines that the	918
use of a reverse auction is advantageous to the political	919
subdivision, the political subdivision, in accordance with this	920
section and rules the political subdivision shall adopt, may	921
purchase services or supplies by reverse auction.	922

(2) A political subdivision shall not purchase supplies or	923
services by reverse auction if the contract concerns the design,	924
construction, alteration, repair, reconstruction, or demolition of	925
a building, highway, road, street, alley, drainage system, water	926
system, waterworks, ditch, sewer, sewage disposal plant, or any	927
other structure or works of any kind.	928

(C) A political subdivision shall solicit proposals through a	929
request for proposals. The request for proposals shall state the	930
relative importance of price and other evaluation factors. The	931
political subdivision shall give notice of the request for	932
proposals in accordance with the rules it adopts.	933

(D) As provided in the request for proposals and in the rules	934
a political subdivision adopts, and to ensure full understanding	935
of and responsiveness to solicitation requirements, the political	936
subdivision may conduct discussions with responsible offerors who	937
submit proposals determined to be reasonably susceptible of being	938
selected for award. The political subdivision shall accord	939
offerors fair and equal treatment with respect to any opportunity	940
for discussion regarding any clarification, correction, or	941
revision of their proposals.	942

(E) A political subdivision may award a contract to the	943
offeror whose proposal the political subdivision determines to be	944
the most advantageous to the political subdivision, taking into	945
consideration factors such as price and the evaluation criteria	946
set forth in the request for proposals. The contract file shall	947
contain the basis on which the award is made.	948

(F) The rules that a political subdivision adopts under this	949
section may require the provision of a performance bond, or	950
another similar form of financial security, in the amount and in	951
the form specified in the rules.	952

(G) If a political subdivision is required by law to purchase	953
services or supplies by competitive sealed bidding or competitive	954
sealed proposals, a purchase made by reverse auction satisfies	955
that requirement.	956

Sec. 9.317. As used in this section, "reverse auction" has	957
the meaning defined in section 9.314 of the Revised Code, and	958
"state agency" has the meaning defined in section 9.23 of the	959
Revised Code.	960

A state agency shall not purchase supplies or services by	961
reverse auction if the contract concerns the design, construction,	962
alteration, repair, reconstruction, or demolition of a building,	963
highway, road, street, alley, drainage system, water system,	964
waterworks, ditch, sewer, sewage disposal plant, or any other	965
structure or works of any kind.	966

Sec. 107.21. (A) As used in this section, "Appalachian	967
region" means the following counties in this state ~~which~~that have	968
been designated as part of Appalachia by the federal Appalachian	969
regional commission and ~~which~~that have been geographically	970
isolated and economically depressed: Adams, Ashtabula, Athens,	971
Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,	972
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,	973
Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble,	974
Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and	975
Washington.	976

(B) There is hereby created in the department of development	977
the governor's office of Appalachian Ohio. The governor shall	978
designate the director of the governor's office of Appalachian	979
Ohio. The director shall report directly to the office of the	980
governor. On January 1, 1987, the governor shall designate the	981
director to represent this state on the federal Appalachian	982
regional commission. The director may appoint such employees as	983
are necessary to exercise the powers and duties of this office.	984
The director shall maintain local development districts as	985
established within the Appalachian region for the purpose of	986
regional planning for the distribution of funds from the	987
Appalachian regional commission within the Appalachian region.	988

(C) The governor's office of Appalachian Ohio shall represent	989
the interests of the Appalachian region in the government of this	990
state. The duties of the director of the office shall include, but	991
are not limited to, the following:	992

(1) To identify residents of the Appalachian region qualified	993
to serve on state boards, commissions, and bodies and in state	994
offices, and to bring these persons to the attention of the	995
governor;	996

(2) To represent the interests of the Appalachian region in	997
the general assembly and before state boards, commissions, bodies,	998
and agencies;	999

(3) To assist in forming a consensus on public issues and	1000
policies among institutions and organizations that serve the	1001
Appalachian region;	1002

(4) To act as an ~~ombudsman~~ombudsperson to assist in	1003
resolving differences between state or federal agencies and the	1004
officials of political subdivisions or private, nonprofit	1005
organizations located within the Appalachian region;	1006

(5) To assist planning commissions, agencies, and	1007
organizations within the Appalachian region in distributing	1008
planning information and documents to the appropriate state and	1009
federal agencies and to assist in focusing attention on any	1010
findings and recommendations of these commissions, agencies, and	1011
organizations;	1012

(6) To issue reports on the Appalachian region ~~which~~that	1013
describe progress achieved and the needs that still exist in the	1014
region;	1015

(7) To assist the governor's office in resolving the problems	1016
of residents of the Appalachian region that come to the governor's	1017
attention.	1018

(D) The amount of money from appropriated state funds	1019
allocated each year to pay administrative costs of a local	1020
development district existing on the effective date of this	1021
amendment shall not be decreased due to the creation and funding	1022
of additional local development districts. The amount of money	1023
allocated to each district shall be increased each year by the	1024
average percentage of increase in the consumer price index for the	1025
prior year.	1026

As used in this division, "consumer price index" means the	1027
consumer price index for all urban consumers (United States city	1028
average, all items), prepared by the United States department of	1029
labor, bureau of labor statistics.	1030

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1031
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	1032
Code, a completed form prescribed pursuant to division (C)(1) of	1033
this section, and a set of fingerprint impressions obtained in	1034
the manner described in division (C)(2) of this section, the	1035
superintendent of the bureau of criminal identification and	1036
investigation shall conduct a criminal records check in the	1037
manner described in division (B) of this section to determine	1038
whether any information exists that indicates that the person who	1039
is the subject of the request previously has been convicted of or	1040
pleaded guilty to any of the following:	1041

(a) A violation of section 2903.01, 2903.02, 2903.03,	1042
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1043
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1044
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1045
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1046
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1047
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1048
2925.06, or 3716.11 of the Revised Code, felonious sexual	1049
penetration in violation of former section 2907.12 of the Revised	1050
Code, a violation of section 2905.04 of the Revised Code as it	1051
existed prior to July 1, 1996, a violation of section 2919.23 of	1052
the Revised Code that would have been a violation of section	1053
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1054
had the violation been committed prior to that date, or a	1055
violation of section 2925.11 of the Revised Code that is not a	1056
minor drug possession offense;	1057

(b) A violation of an existing or former law of this state,	1058
any other state, or the United States that is substantially	1059
equivalent to any of the offenses listed in division (A)(1)(a) of	1060
this section.	1061

(2) On receipt of a request pursuant to section 5123.081 of	1062
the Revised Code with respect to an applicant for employment in	1063
any position with the department of mental retardation and	1064
developmental disabilities, pursuant to section 5126.28 of the	1065
Revised Code with respect to an applicant for employment in any	1066
position with a county board of mental retardation and	1067
developmental disabilities, or pursuant to section 5126.281 of the	1068
Revised Code with respect to an applicant for employment in a	1069
direct services position with an entity contracting with a county	1070
board for employment, a completed form prescribed pursuant to	1071
division (C)(1) of this section, and a set of fingerprint	1072
impressions obtained in the manner described in division (C)(2) of	1073
this section, the superintendent of the bureau of criminal	1074
identification and investigation shall conduct a criminal records	1075
check. The superintendent shall conduct the criminal records check	1076
in the manner described in division (B) of this section to	1077
determine whether any information exists that indicates that the	1078
person who is the subject of the request has been convicted of or	1079
pleaded guilty to any of the following:	1080

(a) A violation of section 2903.01, 2903.02, 2903.03,	1081
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1082
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	1083
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	1084
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1085
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	1086
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	1087
2925.03, or 3716.11 of the Revised Code;	1088

(b) An existing or former municipal ordinance or law of this	1089
state, any other state, or the United States that is substantially	1090
equivalent to any of the offenses listed in division (A)(2)(a) of	1091
this section.	1092

(3) On receipt of a request pursuant to section 173.27,	1093
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	1094
completed form prescribed pursuant to division (C)(1) of this	1095
section, and a set of fingerprint impressions obtained in the	1096
manner described in division (C)(2) of this section, the	1097
superintendent of the bureau of criminal identification and	1098
investigation shall conduct a criminal records check with respect	1099
to any person who has applied for employment in a position for	1100
which a criminal records check is required by those sections. The	1101
superintendent shall conduct the criminal records check in the	1102
manner described in division (B) of this section to determine	1103
whether any information exists that indicates that the person who	1104
is the subject of the request previously has been convicted of or	1105
pleaded guilty to any of the following:	1106

(a) A violation of section 2903.01, 2903.02, 2903.03,	1107
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1108
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1109
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1110
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1111
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1112
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1113
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1114
2925.22, 2925.23, or 3716.11 of the Revised Code;	1115

(b) An existing or former law of this state, any other state,	1116
or the United States that is substantially equivalent to any of	1117
the offenses listed in division (A)(3)(a) of this section.	1118

(4) On receipt of a request pursuant to section 3701.881 of	1119
the Revised Code with respect to an applicant for employment with	1120
a home health agency as a person responsible for the care,	1121
custody, or control of a child, a completed form prescribed	1122
pursuant to division (C)(1) of this section, and a set of	1123
fingerprint impressions obtained in the manner described in	1124
division (C)(2) of this section, the superintendent of the bureau	1125
of criminal identification and investigation shall conduct a	1126
criminal records check. The superintendent shall conduct the	1127
criminal records check in the manner described in division (B) of	1128
this section to determine whether any information exists that	1129
indicates that the person who is the subject of the request	1130
previously has been convicted of or pleaded guilty to any of the	1131
following:	1132

(a) A violation of section 2903.01, 2903.02, 2903.03,	1133
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1134
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1135
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1136
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1137
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1138
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1139
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1140
violation of section 2925.11 of the Revised Code that is not a	1141
minor drug possession offense;	1142

(b) An existing or former law of this state, any other state,	1143
or the United States that is substantially equivalent to any of	1144
the offenses listed in division (A)(4)(a) of this section.	1145

(5) On receipt of a request pursuant to section 5111.032,	1146
5111.033, or 5111.034 of the Revised Code, a completed form	1147
prescribed pursuant to division (C)(1) of this section, and a set	1148
of fingerprint impressions obtained in the manner described in	1149
division (C)(2) of this section, the superintendent of the bureau	1150
of criminal identification and investigation shall conduct a	1151
criminal records check. The superintendent shall conduct the	1152
criminal records check in the manner described in division (B) of	1153
this section to determine whether any information exists that	1154
indicates that the person who is the subject of the request	1155
previously has been convicted of, has pleaded guilty to, or has	1156
been found eligible for intervention in lieu of conviction for	1157
any of the following, regardless of the date of the conviction,	1158
the date of entry of the guilty plea, or the date the person was	1159
found eligible for intervention in lieu of conviction:	1160

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1161
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	1162
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	1163
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	1164
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	1165
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1166
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	1167
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	1168
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	1169
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	1170
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	1171
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	1172
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	1173
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	1174
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	1175
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	1176
sexual penetration in violation of former section 2907.12 of the	1177
Revised Code, a violation of section 2905.04 of the Revised Code	1178
as it existed prior to July 1, 1996, a violation of section	1179
2919.23 of the Revised Code that would have been a violation of	1180
section 2905.04 of the Revised Code as it existed prior to July	1181
1, 1996, had the violation been committed prior to that date;	1182

(b) AnA violation of an existing or former municipal	1183
ordinance or law of this state, any other state, or the United	1184
States that is substantially equivalent to any of the offenses	1185
listed in division (A)(5)(a) of this section.	1186

(6) On receipt of a request pursuant to section 3701.881 of	1187
the Revised Code with respect to an applicant for employment with	1188
a home health agency in a position that involves providing direct	1189
care to an older adult, a completed form prescribed pursuant to	1190
division (C)(1) of this section, and a set of fingerprint	1191
impressions obtained in the manner described in division (C)(2) of	1192
this section, the superintendent of the bureau of criminal	1193
identification and investigation shall conduct a criminal records	1194
check. The superintendent shall conduct the criminal records check	1195
in the manner described in division (B) of this section to	1196
determine whether any information exists that indicates that the	1197
person who is the subject of the request previously has been	1198
convicted of or pleaded guilty to any of the following:	1199

(a) A violation of section 2903.01, 2903.02, 2903.03,	1200
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1201
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1202
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1203
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1204
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1205
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1206
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1207
2925.22, 2925.23, or 3716.11 of the Revised Code;	1208

(b) An existing or former law of this state, any other state,	1209
or the United States that is substantially equivalent to any of	1210
the offenses listed in division (A)(6)(a) of this section.	1211

(7) When conducting a criminal records check upon a request	1212
pursuant to section 3319.39 of the Revised Code for an applicant	1213
who is a teacher, in addition to the determination made under	1214
division (A)(1) of this section, the superintendent shall	1215
determine whether any information exists that indicates that the	1216
person who is the subject of the request previously has been	1217
convicted of or pleaded guilty to any offense specified in section	1218
3319.31 of the Revised Code.	1219

(8) On receipt of a request pursuant to section 2151.86 of	1220
the Revised Code, a completed form prescribed pursuant to	1221
division (C)(1) of this section, and a set of fingerprint	1222
impressions obtained in the manner described in division (C)(2)	1223
of this section, the superintendent of the bureau of criminal	1224
identification and investigation shall conduct a criminal records	1225
check in the manner described in division (B) of this section to	1226
determine whether any information exists that indicates that the	1227
person who is the subject of the request previously has been	1228
convicted of or pleaded guilty to any of the following:	1229

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1230
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1231
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1232
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1233
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1234
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1235
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1236
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1237
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1238
of the Revised Code, a violation of section 2905.04 of the	1239
Revised Code as it existed prior to July 1, 1996, a violation of	1240
section 2919.23 of the Revised Code that would have been a	1241
violation of section 2905.04 of the Revised Code as it existed	1242
prior to July 1, 1996, had the violation been committed prior to	1243
that date, a violation of section 2925.11 of the Revised Code	1244
that is not a minor drug possession offense, two or more OVI or	1245
OVUAC violations committed within the three years immediately	1246
preceding the submission of the application or petition that is	1247
the basis of the request, or felonious sexual penetration in	1248
violation of former section 2907.12 of the Revised Code;	1249

(b) A violation of an existing or former law of this state,	1250
any other state, or the United States that is substantially	1251
equivalent to any of the offenses listed in division (A)(8)(a) of	1252
this section.	1253

(9) Upon receipt of a request pursuant to section 5104.012	1254
or 5104.013 of the Revised Code, a completed form prescribed	1255
pursuant to division (C)(1) of this section, and a set of	1256
fingerprint impressions obtained in the manner described in	1257
division (C)(2) of this section, the superintendent of the bureau	1258
of criminal identification and investigation shall conduct a	1259
criminal records check in the manner described in division (B) of	1260
this section to determine whether any information exists that	1261
indicates that the person who is the subject of the request has	1262
been convicted of or pleaded guilty to any of the following:	1263

(a) A violation of section 2903.01, 2903.02, 2903.03,	1264
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1265
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1266
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1267
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1268
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1269
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1270
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1271
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1272
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1273
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1274
3716.11 of the Revised Code, felonious sexual penetration in	1275
violation of former section 2907.12 of the Revised Code, a	1276
violation of section 2905.04 of the Revised Code as it existed	1277
prior to July 1, 1996, a violation of section 2919.23 of the	1278
Revised Code that would have been a violation of section 2905.04	1279
of the Revised Code as it existed prior to July 1, 1996, had the	1280
violation been committed prior to that date, a violation of	1281
section 2925.11 of the Revised Code that is not a minor drug	1282
possession offense, a violation of section 2923.02 or 2923.03 of	1283
the Revised Code that relates to a crime specified in this	1284
division, or a second violation of section 4511.19 of the	1285
Revised Code within five years of the date of application for	1286
licensure or certification.	1287

(b) A violation of an existing or former law of this state,	1288
any other state, or the United States that is substantially	1289
equivalent to any of the offenses or violations described in	1290
division (A)(9)(a) of this section.	1291

(10) Upon receipt of a request pursuant to section 5153.111	1292
of the Revised Code, a completed form prescribed pursuant to	1293
division (C)(1) of this section, and a set of fingerprint	1294
impressions obtained in the manner described in division (C)(2) of	1295
this section, the superintendent of the bureau of criminal	1296
identification and investigation shall conduct a criminal records	1297
check in the manner described in division (B) of this section to	1298
determine whether any information exists that indicates that the	1299
person who is the subject of the request previously has been	1300
convicted of or pleaded guilty to any of the following:	1301

(a) A violation of section 2903.01, 2903.02, 2903.03,	1302
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1303
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1304
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1305
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1306
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1307
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1308
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1309
felonious sexual penetration in violation of former section	1310
2907.12 of the Revised Code, a violation of section 2905.04 of the	1311
Revised Code as it existed prior to July 1, 1996, a violation of	1312
section 2919.23 of the Revised Code that would have been a	1313
violation of section 2905.04 of the Revised Code as it existed	1314
prior to July 1, 1996, had the violation been committed prior to	1315
that date, or a violation of section 2925.11 of the Revised Code	1316
that is not a minor drug possession offense;	1317

(b) A violation of an existing or former law of this state,	1318
any other state, or the United States that is substantially	1319
equivalent to any of the offenses listed in division (A)(10)(a) of	1320
this section.	1321

(11) On receipt of a request for a criminal records check	1322
from an individual pursuant to section 4749.03 or 4749.06 of the	1323
Revised Code, accompanied by a completed copy of the form	1324
prescribed in division (C)(1) of this section and a set of	1325
fingerprint impressions obtained in a manner described in division	1326
(C)(2) of this section, the superintendent of the bureau of	1327
criminal identification and investigation shall conduct a criminal	1328
records check in the manner described in division (B) of this	1329
section to determine whether any information exists indicating	1330
that the person who is the subject of the request has been	1331
convicted of or pleaded guilty to a felony in this state or in any	1332
other state. If the individual indicates that a firearm will be	1333
carried in the course of business, the superintendent shall	1334
require information from the federal bureau of investigation as	1335
described in division (B)(2) of this section. The superintendent	1336
shall report the findings of the criminal records check and any	1337
information the federal bureau of investigation provides to the	1338
director of public safety.	1339

(12) On receipt of a request pursuant to section 1321.37,	1340
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	1341
form prescribed pursuant to division (C)(1) of this section, and	1342
a set of fingerprint impressions obtained in the manner described	1343
in division (C)(2) of this section, the superintendent of the	1344
bureau of criminal identification and investigation shall conduct	1345
a criminal records check with respect to any person who has	1346
applied for a license, permit, or certification from the	1347
department of commerce or a division in the department. The	1348
superintendent shall conduct the criminal records check in the	1349
manner described in division (B) of this section to determine	1350
whether any information exists that indicates that the person who	1351
is the subject of the request previously has been convicted of or	1352
pleaded guilty to any of the following: a violation of section	1353
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	1354
Code; any other criminal offense involving theft, receiving	1355
stolen property, embezzlement, forgery, fraud, passing bad	1356
checks, money laundering, or drug trafficking, or any criminal	1357
offense involving money or securities, as set forth in Chapters	1358
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	1359
Revised Code; or any existing or former law of this state, any	1360
other state, or the United States that is substantially	1361
equivalent to those offenses.	1362

(13) On receipt of a request for a criminal records check	1363
from the treasurer of state under section 113.041 of the Revised	1364
Code or from an individual under section 4701.08, 4715.101,	1365
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1366
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1367
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1368
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1369
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	1370
by a completed form prescribed under division (C)(1) of this	1371
section and a set of fingerprint impressions obtained in the	1372
manner described in division (C)(2) of this section, the	1373
superintendent of the bureau of criminal identification and	1374
investigation shall conduct a criminal records check in the	1375
manner described in division (B) of this section to determine	1376
whether any information exists that indicates that the person who	1377
is the subject of the request has been convicted of or pleaded	1378
guilty to any criminal offense in this state or any other state.	1379
The superintendent shall send the results of a check requested	1380
under section 113.041 of the Revised Code to the treasurer of	1381
state and shall send the results of a check requested under any of	1382
the other listed sections to the licensing board specified by the	1383
individual in the request.	1384

(14) On receipt of a request pursuant to section 1121.23,	1385
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1386
Code, a completed form prescribed pursuant to division (C)(1) of	1387
this section, and a set of fingerprint impressions obtained in the	1388
manner described in division (C)(2) of this section, the	1389
superintendent of the bureau of criminal identification and	1390
investigation shall conduct a criminal records check in the manner	1391
described in division (B) of this section to determine whether any	1392
information exists that indicates that the person who is the	1393
subject of the request previously has been convicted of or pleaded	1394
guilty to any criminal offense under any existing or former law of	1395
this state, any other state, or the United States.	1396

(15) Not later than thirty days after the date the	1397
superintendent receives a request of a type described in division	1398
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	1399
(12), or (14) of this section, the completed form, and the	1400
fingerprint impressions, the superintendent shall send the	1401
person, board, or entity that made the request any information,	1402
other than information the dissemination of which is prohibited	1403
by federal law, the superintendent determines exists with respect	1404
to the person who is the subject of the request that indicates	1405
that the person previously has been convicted of or pleaded	1406
guilty to any offense listed or described in division (A)(1),	1407
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	1408
(14) of this section, as appropriate. The superintendent shall	1409
send the person, board, or entity that made the request a copy of	1410
the list of offenses specified in division (A)(1), (2), (3), (4),	1411
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	1412
section, as appropriate. If the request was made under section	1413
3701.881 of the Revised Code with regard to an applicant who may	1414
be both responsible for the care, custody, or control of a child	1415
and involved in providing direct care to an older adult, the	1416
superintendent shall provide a list of the offenses specified in	1417
divisions (A)(4) and (6) of this section.	1418

Not later than thirty days after the superintendent receives	1419
a request for a criminal records check pursuant to section 113.041	1420
of the Revised Code, the completed form, and the fingerprint	1421
impressions, the superintendent shall send the treasurer of state	1422
any information, other than information the dissemination of which	1423
is prohibited by federal law, the superintendent determines exist	1424
with respect to the person who is the subject of the request that	1425
indicates that the person previously has been convicted of or	1426
pleaded guilty to any criminal offense in this state or any other	1427
state.	1428

(B) The superintendent shall conduct any criminal records	1429
check requested under section 113.041, 121.08, 173.27, 173.394,	1430
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47,	1431
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1432
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	1433
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	1434
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	1435
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	1436
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1437
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	1438
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1439
5153.111 of the Revised Code as follows:	1440

(1) The superintendent shall review or cause to be reviewed	1441
any relevant information gathered and compiled by the bureau under	1442
division (A) of section 109.57 of the Revised Code that relates to	1443
the person who is the subject of the request, including, if the	1444
criminal records check was requested under section 113.041,	1445
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1446
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1447
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1448
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	1449
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	1450
the Revised Code, any relevant information contained in records	1451
that have been sealed under section 2953.32 of the Revised Code;	1452

(2) If the request received by the superintendent asks for	1453
information from the federal bureau of investigation, the	1454
superintendent shall request from the federal bureau of	1455
investigation any information it has with respect to the person	1456
who is the subject of the request, including fingerprint-based	1457
checks of national crime information databases as described in 42	1458
U.S.C. 671 if the request is made pursuant to section 2151.86,	1459
5104.012, or 5104.013 of the Revised Code or if any other Revised	1460
Code section requires fingerprint-based checks of that nature, and	1461
shall review or cause to be reviewed any information the	1462
superintendent receives from that bureau.	1463

(3) The superintendent or the superintendent's designee may	1464
request criminal history records from other states or the federal	1465
government pursuant to the national crime prevention and privacy	1466
compact set forth in section 109.571 of the Revised Code.	1467

(C)(1) The superintendent shall prescribe a form to obtain	1468
the information necessary to conduct a criminal records check from	1469
any person for whom a criminal records check is requested under	1470
section 113.041 of the Revised Code or required by section	1471
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1472
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1473
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	1474
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1475
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1476
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1477
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1478
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	1479
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	1480
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	1481
that the superintendent prescribes pursuant to this division may	1482
be in a tangible format, in an electronic format, or in both	1483
tangible and electronic formats.	1484

(2) The superintendent shall prescribe standard impression	1485
sheets to obtain the fingerprint impressions of any person for	1486
whom a criminal records check is requested under section 113.041	1487
of the Revised Code or required by section 121.08, 173.27,	1488
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,	1489
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1490
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	1491
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	1492
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	1493
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	1494
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1495
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1496
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1497
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1498
records check is requested under or required by any of those	1499
sections shall obtain the fingerprint impressions at a county	1500
sheriff's office, municipal police department, or any other	1501
entity with the ability to make fingerprint impressions on the	1502
standard impression sheets prescribed by the superintendent. The	1503
office, department, or entity may charge the person a reasonable	1504
fee for making the impressions. The standard impression sheets the	1505
superintendent prescribes pursuant to this division may be in a	1506
tangible format, in an electronic format, or in both tangible and	1507
electronic formats.	1508

(3) Subject to division (D) of this section, the	1509
superintendent shall prescribe and charge a reasonable fee for	1510
providing a criminal records check requested under section	1511
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1512
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1513
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1514
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1515
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	1516
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	1517
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1518
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06,	1519
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033,	1520
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the	1521
Revised Code. The person making a criminal records request	1522
under any of those sections shall pay the fee prescribed	1523
pursuant to this division. A person making a request under	1524
section 3701.881 of the Revised Code for a criminal records	1525
check for an applicant who may be both responsible for the care,	1526
custody, or control of a child and involved in providing direct	1527
care to an older adult shall pay one fee for the request. In the	1528
case of a request under section 1121.23, 1155.03, 1163.05,	1529
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code,	1530
the fee shall be paid in the manner specified in that section.	1531

(4) The superintendent of the bureau of criminal	1532
identification and investigation may prescribe methods of	1533
forwarding fingerprint impressions and information necessary to	1534
conduct a criminal records check, which methods shall include, but	1535
not be limited to, an electronic method.	1536

(D) A determination whether any information exists that	1537
indicates that a person previously has been convicted of or	1538
pleaded guilty to any offense listed or described in division	1539
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1540
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	1541
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	1542
this section, or that indicates that a person previously has	1543
been convicted of or pleaded guilty to any criminal offense in	1544
this state or any other state regarding a criminal records check	1545
of a type described in division (A)(13) of this section, and	1546
that is made by the superintendent with respect to information	1547
considered in a criminal records check in accordance with this	1548
section is valid for the person who is the subject of the	1549
criminal records check for a period of one year from the date	1550
upon which the superintendent makes the determination. During the	1551
period in which the determination in regard to a person is valid,	1552
if another request under this section is made for a criminal	1553
records check for that person, the superintendent shall provide	1554
the information that is the basis for the superintendent's	1555
initial determination at a lower fee than the fee prescribed for	1556
the initial criminal records check.	1557

(E) As used in this section:

1558

(1) "Criminal records check" means any criminal records check	1559
conducted by the superintendent of the bureau of criminal	1560
identification and investigation in accordance with division (B)	1561
of this section.	1562

(2) "Minor drug possession offense" has the same meaning as	1563
in section 2925.01 of the Revised Code.	1564

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

1565

(4) "OVI or OVUAC violation" means a violation of section	1566
4511.19 of the Revised Code or a violation of an existing or	1567
former law of this state, any other state, or the United States	1568
that is substantially equivalent to section 4511.19 of the Revised	1569
Code.	1570

Sec. 111.26. (A) It is hereby declared to be a public	1571
purpose and function of the state to facilitate the conduct of	1572
elections by assisting boards of elections in acquiring state	1573
capital facilities consisting of voting machines, marking devices,	1574
and automatic tabulating equipment certified for use in this	1575
state under section 3506.05 of the Revised Code. Those voting	1576
machines, marking devices, and automatic tabulating equipment are	1577
designated as capital facilities under sections 152.09 to 152.33	1578
of the Revised Code. The Ohio building authority is authorized to	1579
issue revenue obligations under sections 152.09 to 152.33 of the	1580
Revised Code to pay all or part of the cost of those state	1581
capital facilities as are designated by law.	1582

Boards of elections, due to their responsibilities related to	1583
the proper conduct of elections under state law, are designated as	1584
state agencies having jurisdiction over those state capital	1585
facilities financed in part pursuant to this section and Chapter	1586
152. of the Revised Code. It is hereby determined and declared	1587
that voting machines, marking devices, and automatic tabulating	1588
equipment financed in part under this section are for the purpose	1589
of housing agencies of state government, their functions and	1590
equipment.	1591

(B) A county shall contribute to the cost of capital	1592
facilities authorized under this section as provided below.	1593

(C) Any lease of capital facilities authorized by this	1594
section, the rentals of which are payable in whole or in part from	1595
appropriations made by the general assembly, is governed by	1596
division (D) of section 152.24 of the Revised Code. Such rentals	1597
constitute available receipts as defined in section 152.09 of the	1598
Revised Code and may be pledged for the payment of bond service	1599
charges as provided in section 152.10 of the Revised Code.	1600

(D) The county voting machine revolving lease/loan fund is	1601
hereby created in the state treasury. The fund shall consist of	1602
the net proceeds of obligations issued under sections 152.09 to	1603
152.33 of the Revised Code to finance a portion of those state	1604
capital facilities described in division (A) of this section, as	1605
needed to ensure sufficient moneys to support appropriations from	1606
the fund. Lease payments from counties made for those capital	1607
facilities financed in part from the fund and interest earnings	1608
on the balance in the fund shall be credited to the fund. The	1609
fund shall also receive any other authorized transfers of cash.	1610
Moneys in the fund shall be used for the purpose of acquiring a	1611
portion of additional capital facilities described in division	1612
(A) of this section at the request of the applicable board of	1613
elections.	1614

Participation in the fund by a board of county commissioners	1615
shall be voluntary.	1616

The secretary of state shall administer the county voting	1617
machine revolving lease/loan fund in accordance with this section	1618
and shall enter into any lease or other agreement with the	1619
department of administrative services, the Ohio building	1620
authority, or any board of elections necessary or appropriate to	1621
accomplish the purposes of this section.	1622

(E) Acquisitions made under this section shall provide not	1623
more than fifty per cent of the estimated total cost of a board of	1624
county commissioners' purchase of voting machines, marking	1625
devices, and automatic tabulating equipment.	1626

The secretary of state shall adopt rules for the	1627
implementation of the acquisition and revolving lease/loan program	1628
established under this section, which rules shall require that	1629
the secretary of state approve any acquisition of voting	1630
machines, marking devices, and automatic tabulating equipment	1631
using money made available under this section. An acquisition for	1632
any one board of county commissioners shall not exceed five	1633
million dollars and shall be made only for equipment purchased on	1634
or after March 31, 2008.Any costs incurred on or after January	1635
1, 2008, may be considered as the county cost percentage for the	1636
purpose of an acquisition made under this section.	1637

Counties shall lease from the secretary of state the capital	1638
facilities financed in part from the county voting machine	1639
revolving lease/loan fund and may enter into any agreements	1640
required under the applicable bond proceedings. All voting	1641
machines, marking devices, and automatic tabulating equipment	1642
purchased through this fund shall remain the property of the	1643
state until all payments under the applicable county lease have	1644
been made at which time ownership shall transfer to the county.	1645
Costs associated with the maintenance, repair, and operation of	1646
the voting machines, marking devices, and automatic tabulating	1647
equipment purchased under this section shall be the	1648
responsibility of the participating boards of elections and	1649
boards of county commissioners.	1650

Such lease may obligate the counties, as using state agencies	1651
under Chapter 152. of the Revised Code, to operate the capital	1652
facilities for such period of time as may be specified by law and	1653
to pay such rent as the secretary of state determines to be	1654
appropriate. Notwithstanding any other provision of the Revised	1655
Code to the contrary, any county may enter into such a lease, and	1656
any such lease is legally sufficient to obligate the county for	1657
the term stated in the lease. Any such lease constitutes an	1658
agreement described in division (E) of section 152.24 of the	1659
Revised Code.	1660

(F) As used in this section:

1661

(1) "Automatic tabulating equipment," "marking device," and	1662
"voting machine" have the same meanings as in section 3506.01 of	1663
the Revised Code.	1664

(2) "Equipment" has the same meaning as in section 3506.05	1665
of the Revised Code.	1666

Sec. 111.27. There is hereby established in the state	1667
treasury the board of elections reimbursement and education fund.	1668
The fund shall be used by the secretary of state to reimburse	1669
boards of elections for various purposes, including reimbursements	1670
made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of	1671
the Revised Code, and to provide training and educational programs	1672
for members and employees of boards of elections. The fund shall	1673
receive transfers of cash pursuant to controlling board action and	1674
also shall receive revenues from fees, gifts, grants, donations,	1675
and other similar receipts.	1676

Sec. 117.54. When conducting an audit under section 117.11 of	1677
the Revised Code of a city, local, or exempted village school	1678
district, a community school established under Chapter 3314. of	1679
the Revised Code, or a STEM school established under Chapter 3326.	1680
of the Revised Code, the auditor of state shall determine both of	1681
the following:	1682

(A) Whether the school district, community school, or STEM	1683
school has adopted and submitted a spending plan under section	1684
3306.30 and, if applicable, section 3306.31 of the Revised Code	1685
and that spending plan complies with any applicable expenditure	1686
or reporting standard prescribed by rule adopted under section	1687
3306.25 of the Revised Code;	1688

(B) Whether the school district, community school, or STEM	1689
school has adopted a plan to implement recommendations of a	1690
performance review conducted under section 3306.32 of the Revised	1691
Code or a performance audit conducted under section 3316.042 of	1692
the Revised Code.	1693

The auditor of state shall record these determinations in the	1694
audit report.	1695

Sec. 118.05. (A) Pursuant to the powers of the general	1696
assembly and for the purposes of this chapter, upon the occurrence	1697
of a fiscal emergency in any municipal corporation, county, or	1698
township, as determined pursuant to section 118.04 of the Revised	1699
Code, there is established, with respect to that municipal	1700
corporation, county, or township, a body both corporate and	1701
politic constituting an agency and instrumentality of the state	1702
and performing essential governmental functions of the state to be	1703
known as the "financial planning and supervision commission for	1704
............... (name of municipal corporation, county, or	1705
township)," which, in that name, may exercise all authority vested	1706
in such a commission by this chapter. A separate commission is	1707
established with respect to each municipal corporation, county, or	1708
township as to which there is a fiscal emergency as determined	1709
under this chapter.	1710

(B) A commission shall consist of the following ~~seven~~ voting	1711
members:	1712

(1) Four ex officio members: the treasurer of state; the	1713
director of budget and management; in the case of a municipal	1714
corporation, the mayor of the municipal corporation and the	1715
presiding officer of the legislative authority of the municipal	1716
corporation; in the case of a county, the president of the board	1717
of county commissioners and the county auditor; and in the case of	1718
a township, a member of the board of township trustees and the	1719
county auditor.	1720

The treasurer of state may designate a deputy treasurer or	1721
director within the office of the treasurer of state or any other	1722
appropriate person who is not an employee of the treasurer of	1723
state's office; the director of budget and management may	1724
designate an individual within the office of budget and management	1725
or any other appropriate person who is not an employee of the	1726
office of budget and management; the mayor may designate a	1727
responsible official within the mayor's office or the fiscal	1728
officer of the municipal corporation; the presiding officer of the	1729
legislative authority of the municipal corporation may designate	1730
any other member of the legislative authority; the board of county	1731
commissioners may designate any other member of the board or the	1732
fiscal officer of the county; and the board of township trustees	1733
may designate any other member of the board or the fiscal officer	1734
of the township to attend the meetings of the commission when the	1735
ex officio member is absent or unable for any reason to attend. A	1736
designee, when present, shall be counted in determining whether a	1737
quorum is present at any meeting of the commission and may vote	1738
and participate in all proceedings and actions of the commission.	1739
The designations shall be in writing, executed by the ex officio	1740
member or entity making the designation, and filed with the	1741
secretary of the commission. The designations may be changed from	1742
time to time in like manner, but due regard shall be given to the	1743
need for continuity.	1744

(2) ~~Three~~If a municipal corporation, county, or township	1745
has a population of at least one thousand, three members nominated	1746
and appointed as follows:	1747

The mayor and presiding officer of the legislative authority	1748
of the municipal corporation, the board of county commissioners,	1749
or the board of township trustees shall, within ten days after the	1750
determination of the fiscal emergency by the auditor of state	1751
under section 118.04 of the Revised Code, submit in writing to the	1752
governor the nomination of five persons agreed to by them and	1753
meeting the qualifications set forth in this division. If the	1754
governor is not satisfied that at least three of the nominees are	1755
well qualified, the governor shall notify the mayor and presiding	1756
officer, or the board of county commissioners, or the board of	1757
township trustees to submit in writing, within five days,	1758
additional nominees agreed upon by them, not exceeding three. The	1759
governor shall appoint three members from all the agreed-upon	1760
nominees so submitted or a lesser number that the governor	1761
considers well qualified within thirty days after receipt of the	1762
nominations, and shall fill any remaining positions on the	1763
commission by appointment of any other persons meeting the	1764
qualifications set forth in this division. All appointments by	1765
the governor shall be made with the advice and consent of the	1766
senate. Each of the three appointed members shall serve during the	1767
life of the commission, subject to removal by the governor for	1768
misfeasance, nonfeasance, or malfeasance in office. In the event	1769
of the death, resignation, incapacity, removal, or ineligibility	1770
to serve of an appointed member, the governor, pursuant to the	1771
process for original appointment, shall appoint a successor.	1772

(3) If a municipal corporation, county, or township has a	1773
population of less than one thousand, one member nominated and	1774
appointed as follows:	1775

The mayor and presiding officer of the legislative authority	1776
of the municipal corporation, the board of county commissioners,	1777
or the board of township trustees shall, within ten days after the	1778
determination of the fiscal emergency by the auditor of state	1779
under section 118.04 of the Revised Code, submit in writing to the	1780
governor the nomination of three persons agreed to by them and	1781
meeting the qualifications set forth in this division. If the	1782
governor is not satisfied that at least one of the nominees is	1783
well qualified, the governor shall notify the mayor and presiding	1784
officer, or the board of county commissioners, or the board of	1785
township trustees to submit in writing, within five days,	1786
additional nominees agreed upon by them, not exceeding three. The	1787
governor shall appoint one member from all the agreed-upon	1788
nominees so submitted or shall fill the position on the commission	1789
by appointment of any other person meeting the qualifications set	1790
forth in this division. All appointments by the governor shall be	1791
made with the advice and consent of the senate. The appointed	1792
member shall serve during the life of the commission, subject to	1793
removal by the governor for misfeasance, nonfeasance, or	1794
malfeasance in office. In the event of the death, resignation,	1795
incapacity, removal, or ineligibility to serve of the appointed	1796
member, the governor, pursuant to the process for original	1797
appointment, shall appoint a successor.	1798

Each ~~of the three~~ appointed ~~members~~member shall be an	1799
individual:	1800

(a) Who has knowledge and experience in financial matters,	1801
financial management, or business organization or operations,	1802
~~including at least five years of experience in the private sector~~	1803
~~in the management of business or financial enterprise or in~~	1804
~~management consulting, public accounting, or other professional~~	1805
~~activity~~;	1806

(b) Whose residency, office, or principal place of	1807
professional or business activity is situated within the municipal	1808
corporation, county, or township;	1809

(c) Who ~~has not, at any time during the five years preceding~~	1810
~~the date of appointment, held any elected public office. An~~	1811
~~appointed member of the commission~~ shall not become a candidate	1812
for elected public office while serving as a member of the	1813
commission.	1814

(C) Immediately after appointment of the initial ~~three~~	1815
appointed member or members of the commission, the governor shall	1816
call the first meeting of the commission and shall cause written	1817
notice of the time, date, and place of the first meeting to be	1818
given to each member of the commission at least forty-eight hours	1819
in advance of the meeting.	1820

(D) The director of budget and management shall serve as	1821
chairperson of the commission. The commission shall elect one of	1822
its members to serve as vice-chairperson and may appoint a	1823
secretary and any other officers, who need not be members of the	1824
commission, it considers necessary.	1825

(E) The commission may adopt and alter bylaws and rules,	1826
which shall not be subject to section 111.15 or Chapter 119. of	1827
the Revised Code, for the conduct of its affairs and for the	1828
manner, subject to this chapter, in which its powers and functions	1829
shall be exercised and embodied.	1830

(F) ~~Five~~Four members of ~~the~~a commission established	1831
pursuant to divisions (B)(1) and (2) of this section constitute a	1832
quorum of the commission. The affirmative vote of ~~five~~four	1833
members of ~~the~~such a commission is necessary for any action	1834
taken by vote of the commission. Three members of a commission	1835
established pursuant to divisions (B)(1) and (3) of this section	1836
constitute a quorum of the commission. The affirmative vote of	1837
three members of such a commission is necessary for any action	1838
taken by vote of the commission. No vacancy in the membership	1839
of the commission shall impair the rights of a quorum by such	1840
vote to exercise all the rights and perform all the duties of the	1841
commission. Members of the commission, and their designees, are	1842
not disqualified from voting by reason of the functions of the	1843
other office they hold and are not disqualified from exercising	1844
the functions of the other office with respect to the municipal	1845
corporation, county, or township, its officers, or the	1846
commission.	1847

(G) The auditor of state shall serve as the "financial	1848
supervisor" to the commission unless the auditor of state elects	1849
to contract for that service. As used in this chapter, "financial	1850
supervisor" means the auditor of state.	1851

(H) At the request of the commission, the auditor of state	1852
shall designate employees of the auditor of state's office to	1853
assist the commission and the financial supervisor and to	1854
coordinate the work of the auditor of state's office and the	1855
financial supervisor. Upon the determination of a fiscal emergency	1856
in any municipal corporation, county, or township, the municipal	1857
corporation, county, or township shall provide the commission with	1858
such reasonable office space in the principal building housing	1859
city, county, or township government, where feasible, as it	1860
determines is necessary to carry out its duties under this	1861
chapter.	1862

(I) The financial supervisor, the members of the commission,	1863
the auditor of state, and any person authorized to act on behalf	1864
of or assist them shall not be personally liable or subject to any	1865
suit, judgment, or claim for damages resulting from the exercise	1866
of or failure to exercise the powers, duties, and functions	1867
granted to them in regard to their functioning under this chapter,	1868
but the commission, the financial supervisor, the auditor of	1869
state, and those other persons shall be subject to mandamus	1870
proceedings to compel performance of their duties under this	1871
chapter and with respect to any debt obligations issued pursuant	1872
or subject to this chapter.	1873

(J) At the request of the commission, the administrative head	1874
of any state agency shall temporarily assign personnel skilled in	1875
accounting and budgeting procedures to assist the commission or	1876
the financial supervisor in its duties as financial supervisor.	1877

(K) The appointed members of the commission are not subject	1878
to section 102.02 of the Revised Code. Each appointed member of	1879
the commission shall file with the commission a signed written	1880
statement setting forth the general nature of sales of goods,	1881
property, or services or of loans to the municipal corporation,	1882
county, or township with respect to which that commission is	1883
established, in which the appointed member has a pecuniary	1884
interest or in which any member of the appointed member's	1885
immediate family, as defined in section 102.01 of the Revised	1886
Code, or any corporation, partnership, or enterprise of which the	1887
appointed member is an officer, director, or partner, or of which	1888
the appointed member or a member of the appointed member's	1889
immediate family, as so defined, owns more than a five per cent	1890
interest, has a pecuniary interest, and of which sale, loan, or	1891
interest such member has knowledge. The statement shall be	1892
supplemented from time to time to reflect changes in the general	1893
nature of any such sales or loans.	1894

Sec. 120.08. There is hereby created in the state treasury	1895
the indigent defense support fund, consisting of money paid into	1896
the fund pursuant to ~~section~~sections 4507.45, 4509.101, 4510.22,	1897
and 4511.19 of the Revised Code and pursuant to ~~section~~sections	1898
2937.22, 2949.091, and 2949.094 of the Revised Code out of the	1899
additional court costs imposed under ~~that section~~those sections.	1900
The state public defender shall use at least ninety per cent of	1901
the money in the fund for the purpose of reimbursing county	1902
governments for expenses incurred pursuant to sections 120.18,	1903
120.28, and 120.33 of the Revised Code. Disbursements from the	1904
fund to county governments shall be made ~~in each state fiscal~~	1905
at least once per year and shall be allocated proportionately	1906
so that each county receives an equal percentage of its total	1907
cost for operating its county public defender system, its joint	1908
county public defender system, or its county appointed counsel	1909
system, or its system operated under division (C)(7) of section	1910
120.04 of the Revised Code and division (B) of section 120.33 of	1911
the Revised Code. The state public defender may use not more than	1912
ten per cent of the money in the fund for the purposes of	1913
appointing assistant state public defenders or for providing	1914
other personnel, equipment, and facilities necessary for the	1915
operation of the state public defender office.	1916

Sec. 120.52. (A) There is hereby established in the state	1917
treasury the legal aid fund~~, which~~that shall be for the	1918
charitable public purpose of providing financial assistance to	1919
legal aid societies that provide civil legal services to	1920
indigents. The fund shall contain all funds credited to it by the	1921
treasurer of state pursuant to sections 1901.26, 1907.24,	1922
2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the Revised	1923
Code.	1924

(B) The treasurer of state may invest moneys contained in the	1925
legal aid fund in any manner authorized by the Revised Code for	1926
the investment of state moneys. However, no such investment shall	1927
interfere with any apportionment, allocation, or payment of moneys	1928
as required by section 120.53 of the Revised Code.	1929

(C) The state public defender, through the Ohio legal	1930
assistance foundation, shall administer the payment of moneys out	1931
of the fund. Four and one-half per cent of the moneys in the fund	1932
shall be reserved for the Ohio legal assistance foundation for the	1933
actual, reasonable costs of administering sections 120.51 to	1934
120.55 and sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,	1935
4705.09, and 4705.10 of the Revised Code. Moneys that are	1936
reserved for administrative costs but that are not used for	1937
actual, reasonable administrative costs shall be set aside for use	1938
in the manner described in division (A) of section 120.521 of the	1939
Revised Code. The remainder of the moneys in the legal aid fund	1940
shall be distributed in accordance with section 120.53 of the	1941
Revised Code. The Ohio legal assistance foundation shall be	1942
responsible for administering the programs established under	1943
sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09,	1944
and 4705.10 of the Revised Code. The Ohio legal assistance	1945
foundation shall establish, in accordance with Chapter 119. of	1946
the Revised Code, rules governing the administration of the legal	1947
aid fund, including the programs established under sections	1948
1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and	1949
4705.10 of the Revised Code ~~regarding interest on~~	1950
~~interest-bearing trust accounts of an attorney, law firm, or legal~~	1951
~~professional association~~.	1952

Sec. 120.53. (A) A legal aid society that operates within	1953
the state may apply to the Ohio legal assistance foundation for	1954
financial assistance from the legal aid fund established by	1955
section 120.52 of the Revised Code to be used for the funding of	1956
the society during the calendar year following the calendar year	1957
in which application is made.	1958

(B) An application for financial assistance made under	1959
division (A) of this section shall be submitted by the first day	1960
of November of the calendar year preceding the calendar year for	1961
which financial assistance is desired and shall include all of the	1962
following:	1963

(1) Evidence that the applicant is incorporated in this state	1964
as a nonprofit corporation;	1965

(2) A list of the trustees of the applicant;

1966

(3) The proposed budget of the applicant for these funds for	1967
the following calendar year;	1968

(4) A summary of the services to be offered by the applicant	1969
in the following calendar year;	1970

(5) A specific description of the territory or constituency	1971
served by the applicant;	1972

(6) An estimate of the number of persons to be served by the	1973
applicant during the following calendar year;	1974

(7) A general description of the additional sources of the	1975
applicant's funding;	1976

(8) The amount of the applicant's total budget for the	1977
calendar year in which the application is filed that it will	1978
expend in that calendar year for legal services in each of the	1979
counties it serves;	1980

(9) A specific description of any services, programs,	1981
training, and legal technical assistance to be delivered by the	1982
applicant or by another person pursuant to a contract with the	1983
applicant, including, but not limited to, by private attorneys or	1984
through reduced fee plans, judicare panels, organized pro bono	1985
programs, and mediation programs.	1986

(C) The Ohio legal assistance foundation shall determine	1987
whether each applicant that filed an application for financial	1988
assistance under division (A) of this section in a calendar year	1989
is eligible for financial assistance under this section. To be	1990
eligible for such financial assistance, an applicant shall satisfy	1991
the criteria for being a legal aid society and shall be in	1992
compliance with the provisions of sections 120.51 to 120.55 of the	1993
Revised Code and with the rules and requirements the foundation	1994
establishes pursuant to section 120.52 of the Revised Code. The	1995
Ohio legal assistance foundation then, on or before the fifteenth	1996
day of December of the calendar year in which the application is	1997
filed, shall notify each such applicant, in writing, whether it is	1998
eligible for financial assistance under this section, and if it is	1999
eligible, estimate the amount that will be available for that	2000
applicant for each six-month distribution period, as determined	2001
under division (D) of this section.	2002

(D) The Ohio legal assistance foundation shall allocate	2003
moneys contained in the legal aid fund monthly for distribution to	2004
applicants that filed their applications in the previous calendar	2005
year and are determined to be eligible applicants.	2006

All moneys contained in the fund on the first day of each	2007
month shall be allocated, after deduction of the costs of	2008
administering sections 120.51 to 120.55 and sections 1901.26,	2009
1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the	2010
Revised Code that are authorized by section 120.52 of the Revised	2011
Code, according to this section and shall be distributed	2012
accordingly not later than the last day of the month following the	2013
month the moneys were received. In making the allocations under	2014
this section, the moneys in the fund that were generated pursuant	2015
to sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,	2016
4705.09, and 4705.10 of the Revised Code shall be apportioned as	2017
follows:	2018

(1) After deduction of the amount authorized and used for	2019
actual, reasonable administrative costs under section 120.52 of	2020
the Revised Code:	2021

(a) Five per cent of the moneys remaining in the fund shall	2022
be reserved for use in the manner described in division (A) of	2023
section 120.521 of the Revised Code or for distribution to legal	2024
aid societies that provide assistance to special population groups	2025
of their eligible clients, engage in special projects that have a	2026
substantial impact on their local service area or on significant	2027
segments of the state's poverty population, or provide legal	2028
training or support to other legal aid societies in the state;	2029

(b) After deduction of the amount described in division	2030
(D)(1)(a) of this section, one and three-quarters per cent of the	2031
moneys remaining in the fund shall be apportioned among entities	2032
that received financial assistance from the legal aid fund prior	2033
to ~~the effective date of this amendment~~July 1, 1993, but that, on	2034
and after ~~the effective date of this amendment~~July 1, 1993, no	2035
longer qualify as a legal aid society that is eligible for	2036
financial assistance under this section.	2037

(c) After deduction of the amounts described in divisions	2038
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	2039
remaining in the fund shall be placed in the legal assistance	2040
foundation fund for use in the manner described in division (A) of	2041
section 120.521 of the Revised Code.	2042

(2) After deduction of the actual, reasonable administrative	2043
costs under section 120.52 of the Revised Code and after deduction	2044
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	2045
this section, the remaining moneys shall be apportioned among the	2046
counties that are served by eligible legal aid societies that have	2047
applied for financial assistance under this section so that each	2048
such county is apportioned a portion of those moneys, based upon	2049
the ratio of the number of indigents who reside in that county to	2050
the total number of indigents who reside in all counties of this	2051
state that are served by eligible legal aid societies that have	2052
applied for financial assistance under this section. Subject to	2053
division (E) of this section, the moneys apportioned to a county	2054
under this division then shall be allocated to the eligible legal	2055
aid society that serves the county and that has applied for	2056
financial assistance under this section. For purposes of this	2057
division, the source of data identifying the number of indigent	2058
persons who reside in a county shall be the most recent decennial	2059
census figures from the United States department of commerce,	2060
division of census.	2061

(E) If the Ohio legal assistance foundation, in attempting to	2062
make an allocation of moneys under division (D)(2) of this	2063
section, determines that a county that has been apportioned money	2064
under that division is served by more than one eligible legal aid	2065
society that has applied for financial assistance under this	2066
section, the Ohio legal assistance foundation shall allocate the	2067
moneys that have been apportioned to that county under division	2068
(D)(2) of this section among all eligible legal aid societies that	2069
serve that county and that have applied for financial assistance	2070
under this section on a pro rata basis, so that each such eligible	2071
society is allocated a portion based upon the amount of its total	2072
budget expended in the prior calendar year for legal services in	2073
that county as compared to the total amount expended in the prior	2074
calendar year for legal services in that county by all eligible	2075
legal aid societies that serve that county and that have applied	2076
for financial assistance under this section.	2077

(F) Moneys allocated to eligible applicants under this	2078
section shall be paid monthly beginning the calendar year	2079
following the calendar year in which the application is filed.	2080

(G)(1) A legal aid society that receives financial assistance	2081
in any calendar year under this section shall file an annual	2082
report with the Ohio legal assistance foundation detailing the	2083
number and types of cases handled, and the amount and types of	2084
legal training, legal technical assistance, and other service	2085
provided, by means of that financial assistance. No information	2086
contained in the report shall identify or enable the	2087
identification of any person served by the legal aid society or in	2088
any way breach client confidentiality.	2089

(2) The Ohio legal assistance foundation shall make an annual	2090
report to the governor, the general assembly, and the supreme	2091
court on the distribution and use of the legal aid fund. The	2092
foundation also shall include in the annual report an audited	2093
financial statement of all gifts, bequests, donations,	2094
contributions, and other moneys the foundation receives. No	2095
information contained in the report shall identify or enable the	2096
identification of any person served by a legal aid society, or in	2097
any way breach confidentiality.	2098

(H) A legal aid society may enter into agreements for the	2099
provision of services, programs, training, or legal technical	2100
assistance for the legal aid society or to indigent persons.	2101

Sec. 121.04. Offices are created within the several	2102
departments as follows:	2103

In the department of commerce:

2104

		Commissioner of securities;		2105
		Superintendent of real estate and professional licensing;		2106
		Superintendent of financial institutions;		2107
		State fire marshal;		2108
		Superintendent of labor ~~and worker safety~~;		2109
		Superintendent of liquor control;		2110
		~~Superintendent of industrial compliance;~~		2111
		Superintendent of unclaimed funds.		2112

In the department of administrative services:

2113

		State architect and engineer;		2114
		Equal employment opportunity coordinator.		2115

In the department of agriculture:

2116

Chiefs of divisions as follows:

2117

		Administration;		2118
		Animal industry;		2119
		Dairy;		2120
		Food safety;		2121
		Plant industry;		2122
		Markets;		2123
		Meat inspection;		2124
		Consumer analytical laboratory;		2125
		Amusement ride safety;		2126
		Enforcement;		2127
		Weights and measures.		2128

In the department of natural resources:

2129

Chiefs of divisions as follows:

2130

		~~Water;~~		2131
		Mineral resources management;		2132
		Forestry;		2133
		Natural areas and preserves;		2134
		Wildlife;		2135
		Geological survey;		2136
		Parks and recreation;		2137
		Watercraft;		2138
		Recycling and litter prevention;		2139
		Soil and water ~~conservation~~ resources;		2140
		~~Real estate and land management;~~		2141
		Engineering.		2142

In the department of insurance:

2143

		Deputy superintendent of insurance;		2144
		Assistant superintendent of insurance, technical;		2145
		Assistant superintendent of insurance, administrative;		2146
		Assistant superintendent of insurance, research.		2147

Sec. 121.08. (A) There is hereby created in the department	2148
of commerce the position of deputy director of administration.	2149
This officer shall be appointed by the director of commerce, serve	2150
under the director's direction, supervision, and control, perform	2151
the duties the director prescribes, and hold office during the	2152
director's pleasure. The director of commerce may designate an	2153
assistant director of commerce to serve as the deputy director of	2154
administration. The deputy director of administration shall	2155
perform the duties prescribed by the director of commerce in	2156
supervising the activities of the division of administration of	2157
the department of commerce.	2158

(B) Except as provided in section 121.07 of the Revised Code,	2159
the department of commerce shall have all powers and perform all	2160
duties vested in the deputy director of administration, the state	2161
fire marshal, the superintendent of financial institutions, the	2162
superintendent of real estate and professional licensing, the	2163
superintendent of liquor control, ~~the superintendent of~~	2164
~~industrial compliance,~~ the superintendent of labor ~~and worker~~	2165
~~safety~~, the superintendent of unclaimed funds, and the	2166
commissioner of securities, and shall have all powers and perform	2167
all duties vested by law in all officers, deputies, and employees	2168
of those offices. Except as provided in section 121.07 of the	2169
Revised Code, wherever powers are conferred or duties imposed upon	2170
any of those officers, the powers and duties shall be construed as	2171
vested in the department of commerce.	2172

(C)(1) There is hereby created in the department of commerce	2173
a division of financial institutions, which shall have all powers	2174
and perform all duties vested by law in the superintendent of	2175
financial institutions. Wherever powers are conferred or duties	2176
imposed upon the superintendent of financial institutions, those	2177
powers and duties shall be construed as vested in the division of	2178
financial institutions. The division of financial institutions	2179
shall be administered by the superintendent of financial	2180
institutions.	2181

(2) All provisions of law governing the superintendent of	2182
financial institutions shall apply to and govern the	2183
superintendent of financial institutions provided for in this	2184
section; all authority vested by law in the superintendent of	2185
financial institutions with respect to the management of the	2186
division of financial institutions shall be construed as vested in	2187
the superintendent of financial institutions created by this	2188
section with respect to the division of financial institutions	2189
provided for in this section; and all rights, privileges, and	2190
emoluments conferred by law upon the superintendent of financial	2191
institutions shall be construed as conferred upon the	2192
superintendent of financial institutions as head of the division	2193
of financial institutions. The director of commerce shall not	2194
transfer from the division of financial institutions any of the	2195
functions specified in division (C)(2) of this section.	2196

(D) There is hereby created in the department of commerce a	2197
division of liquor control, which shall have all powers and	2198
perform all duties vested by law in the superintendent of liquor	2199
control. Wherever powers are conferred or duties are imposed upon	2200
the superintendent of liquor control, those powers and duties	2201
shall be construed as vested in the division of liquor control.	2202
The division of liquor control shall be administered by the	2203
superintendent of liquor control.	2204

(E) The director of commerce shall not be interested,	2205
directly or indirectly, in any firm or corporation which is a	2206
dealer in securities as defined in sections 1707.01 and 1707.14 of	2207
the Revised Code, or in any firm or corporation licensed under	2208
sections 1321.01 to 1321.19 of the Revised Code.	2209

(F) The director of commerce shall not have any official	2210
connection with a savings and loan association, a savings bank, a	2211
bank, a bank holding company, a savings and loan association	2212
holding company, a consumer finance company, or a credit union	2213
that is under the supervision of the division of financial	2214
institutions, or a subsidiary of any of the preceding entities, or	2215
be interested in the business thereof.	2216

(G) There is hereby created in the state treasury the	2217
division of administration fund. The fund shall receive	2218
assessments on the operating funds of the department of commerce	2219
in accordance with procedures prescribed by the director of	2220
commerce and approved by the director of budget and management.	2221
All operating expenses of the division of administration shall be	2222
paid from the division of administration fund.	2223

(H) There is hereby created in the department of commerce a	2224
division of real estate and professional licensing, which shall be	2225
under the control and supervision of the director of commerce. The	2226
division of real estate and professional licensing shall be	2227
administered by the superintendent of real estate and professional	2228
licensing. The superintendent of real estate and professional	2229
licensing shall exercise the powers and perform the functions and	2230
duties delegated to the superintendent under Chapters 4735.,	2231
4763., and 4767. of the Revised Code.	2232

(I) There is hereby created in the department of commerce a	2233
division of labor ~~and worker safety~~, which shall have all powers	2234
and perform all duties vested by law in the superintendent of	2235
labor ~~and worker safety~~. Wherever powers are conferred or duties	2236
imposed upon the superintendent of labor ~~and worker safety~~, those	2237
powers and duties shall be construed as vested in the division of	2238
labor ~~and worker safety~~. The division of labor ~~and worker safety~~	2239
shall be under the control and supervision of the director of	2240
commerce and be administered by the superintendent of labor ~~and~~	2241
~~worker safety~~. ~~The superintendent of labor and worker safety shall~~	2242
~~exercise the powers and perform the duties delegated to the~~	2243
~~superintendent by the director under Chapters 4109., 4111., and~~	2244
~~4115. of the Revised Code.~~	2245

(J) There is hereby created in the department of commerce a	2246
division of unclaimed funds, which shall have all powers and	2247
perform all duties delegated to or vested by law in the	2248
superintendent of unclaimed funds. Wherever powers are conferred	2249
or duties imposed upon the superintendent of unclaimed funds,	2250
those powers and duties shall be construed as vested in the	2251
division of unclaimed funds. The division of unclaimed funds shall	2252
be under the control and supervision of the director of commerce	2253
and shall be administered by the superintendent of unclaimed	2254
funds. The superintendent of unclaimed funds shall exercise the	2255
powers and perform the functions and duties delegated to the	2256
superintendent by the director of commerce under section 121.07	2257
and Chapter 169. of the Revised Code, and as may otherwise be	2258
provided by law.	2259

(K) The department of commerce or a division of the	2260
department created by the Revised Code that is acting with	2261
authorization on the department's behalf may request from the	2262
bureau of criminal identification and investigation pursuant to	2263
section 109.572 of the Revised Code, or coordinate with	2264
appropriate federal, state, and local government agencies to	2265
accomplish, criminal records checks for the persons whose	2266
identities are required to be disclosed by an applicant for the	2267
issuance or transfer of a permit, license, certificate of	2268
registration, or certification issued or transferred by the	2269
department or division. At or before the time of making a request	2270
for a criminal records check, the department or division may	2271
require any person whose identity is required to be disclosed by	2272
an applicant for the issuance or transfer of such a license,	2273
permit, certificate of registration, or certification to submit to	2274
the department or division valid fingerprint impressions in a	2275
format and by any media or means acceptable to the bureau of	2276
criminal identification and investigation and, when applicable,	2277
the federal bureau of investigation. The department or division	2278
may cause the bureau of criminal identification and investigation	2279
to conduct a criminal records check through the federal bureau of	2280
investigation only if the person for whom the criminal records	2281
check would be conducted resides or works outside of this state or	2282
has resided or worked outside of this state during the preceding	2283
five years, or if a criminal records check conducted by the bureau	2284
of criminal identification and investigation within this state	2285
indicates that the person may have a criminal record outside of	2286
this state.	2287

In the case of a criminal records check under section 109.572	2288
of the Revised Code, the department or division shall forward to	2289
the bureau of criminal identification and investigation the	2290
requisite form, fingerprint impressions, and fee described in	2291
division (C) of that section. When requested by the department or	2292
division in accordance with this section, the bureau of criminal	2293
identification and investigation shall request from the federal	2294
bureau of investigation any information it has with respect to the	2295
person who is the subject of the requested criminal records check	2296
and shall forward the requisite fingerprint impressions and	2297
information to the federal bureau of investigation for that	2298
criminal records check. After conducting a criminal records check	2299
or receiving the results of a criminal records check from the	2300
federal bureau of investigation, the bureau of criminal	2301
identification and investigation shall provide the results to the	2302
department or division.	2303

The department or division may require any person about whom	2304
a criminal records check is requested to pay to the department or	2305
division the amount necessary to cover the fee charged to the	2306
department or division by the bureau of criminal identification	2307
and investigation under division (C)(3) of section 109.572 of the	2308
Revised Code, including, when applicable, any fee for a criminal	2309
records check conducted by the federal bureau of investigation.	2310

Sec. 121.083. The superintendent of ~~the division of~~	2311
~~industrial compliance~~labor in the department of commerce shall do	2312
all of the following:	2313

(A) Administer and enforce the general laws of this state	2314
pertaining to buildings, pressure piping, boilers, bedding,	2315
upholstered furniture, and stuffed toys, steam engineering,	2316
elevators, plumbing, and licensed occupations regulated by the	2317
department, ~~and travel agents,~~ as they apply to plans review,	2318
inspection, code enforcement, testing, licensing, registration,	2319
and certification.	2320

(B) Exercise the powers and perform the duties delegated to	2321
the superintendent by the director of commerce under Chapters	2322
4109., 4111., and 4115. of the Revised Code.	2323

2324

~~(C)~~(D) Examine and license persons who desire to act as steam	2325
engineers, to operate steam boilers, and to act as inspectors of	2326
steam boilers, provide for the scope, conduct, and time of such	2327
examinations, provide for, regulate, and enforce the renewal and	2328
revocation of such licenses, inspect and examine steam boilers and	2329
make, publish, and enforce rules and orders for the construction,	2330
installation, inspection, and operation of steam boilers, and do,	2331
require, and enforce all things necessary to make such	2332
examination, inspection, and requirement efficient.	2333

~~(D)~~(E) Rent and furnish offices as needed in cities in this	2334
state for the conduct of its affairs.	2335

~~(E)~~(F) Oversee a chief of construction and compliance, a	2336
chief of operations and maintenance, a chief of licensing and	2337
certification, a chief of worker protection, and other designees	2338
appointed by the director ~~of commerce~~ to perform the duties	2339
described in this section.	2340

~~(F)~~(G) Enforce the rules the board of building standards	2341
adopts pursuant to division (A)(2) of section 4104.43 of the	2342
Revised Code under the circumstances described in division (D) of	2343
that section.	2344

~~(G)~~(H) Accept submissions, establish a fee for submissions,	2345
and review submissions of certified welding and brazing procedure	2346
specifications, procedure qualification records, and performance	2347
qualification records for building services piping as required by	2348
section 4104.44 of the Revised Code.	2349

Sec. 121.084. (A) All moneys collected under sections	2350
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	2351
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other	2352
moneys collected by the division of ~~industrial compliance~~labor	2353
shall be paid into the state treasury to the credit of the	2354
~~industrial compliance~~labor operating fund, which is hereby	2355
created. The department of commerce shall use the moneys in the	2356
fund for paying the operating expenses of the division and the	2357
administrative assessment described in division (B) of this	2358
section.	2359

(B) The director of commerce, with the approval of the	2360
director of budget and management, shall prescribe procedures for	2361
assessing the ~~industrial compliance~~labor operating fund a	2362
proportionate share of the administrative costs of the department	2363
of commerce. The assessment shall be made in accordance with those	2364
procedures and be paid from the ~~industrial compliance~~labor	2365
operating fund to the division of administration fund created in	2366
section 121.08 of the Revised Code.	2367

Sec. 121.31. There is hereby created the commission on	2368
Hispanic-Latino affairs consisting of eleven voting members	2369
appointed by the governor with the advice and consent of the	2370
senate and two ex officio, nonvoting members who are members of	2371
the general assembly. The speaker of the house of representatives	2372
shall recommend to the governor two persons for appointment to the	2373
commission, the president of the senate shall recommend to the	2374
governor two such persons, and the minority leaders of the house	2375
and senate shall each recommend to the governor one such person.	2376
The governor shall make initial appointments to the commission. Of	2377
the initial appointments made to the commission, three shall be	2378
for a term ending October 7, 1978, four shall be for a term ending	2379
October 7, 1979, and four shall be for a term ending October 7,	2380
1980. One ex officio member of the commission shall be a member	2381
of the house of representatives appointed by the speaker of the	2382
house of representatives and one ex officio member of the	2383
commission shall be a member of the senate appointed by the	2384
president of the senate. ~~When making their initial appointments,~~	2385
~~the speaker shall appoint a member of the house of representatives~~	2386
~~who is affiliated with the minority political party in the house~~	2387
~~of representatives and the president shall appoint a member of the~~	2388
~~senate who is affiliated with the majority political party in the~~	2389
~~senate; in making subsequent appointments the speaker and the~~	2390
~~president each shall alternate the political party affiliation of~~	2391
~~the members they appoint to the commission. The speaker and~~	2392
~~president shall make their initial appointments so that the~~	2393
~~initial ex officio members begin their terms October 7, 2008~~The	2394
speaker shall appoint a member of the house of representatives	2395
from among the representatives who are affiliated with the	2396
political party having a majority in the house of representatives,	2397
and the president shall appoint a member of the senate from among	2398
the senators who are affiliated with a different political party	2399
than the representative appointed by the speaker.	2400

After the initial appointments by the governor, terms of	2401
office shall be for three years, except that members of the	2402
general assembly appointed to the commission shall be members of	2403
the commission only so long as they are members of the general	2404
assembly. Each term shall end on the same day of the same month	2405
of the year as did the term which it succeeds. Each member shall	2406
hold office from the date of appointment until the end of the	2407
term for which the member was appointed. Vacancies shall be	2408
filled in the same manner as the original appointment. Any member	2409
appointed to fill a vacancy occurring prior to the expiration of	2410
the term for which the member's predecessor was appointed shall	2411
hold office for the remainder of such term. Any member shall	2412
continue in office subsequent to the expiration date of the	2413
member's term until the member's successor takes office, or until	2414
a period of sixty days has elapsed, whichever occurs first. At the	2415
first organizational meeting of the commission, the original	2416
eleven members shall draw lots to determine the length of the term	2417
each member shall serve.	2418

All voting members of the commission shall speak Spanish,	2419
shall be of Spanish-speaking origin, and shall be American	2420
citizens or lawful, permanent, resident aliens. Voting members	2421
shall be from urban, suburban, and rural geographical areas	2422
representative of Spanish-speaking people with a numerical and	2423
geographical balance of the Spanish-speaking population	2424
throughout the state.	2425

The commission shall meet not less than six times per	2426
calendar year. The commission shall elect a chairperson,	2427
vice-chairperson, and other officers from its voting members as it	2428
considers advisable. Six voting members constitute a quorum. The	2429
commission shall adopt rules governing its procedures. No action	2430
of the commission is valid without the concurrence of six members.	2431

Each voting member shall be compensated for work as a member	2432
for each day that the member is actually engaged in the	2433
performance of work as a member. No voting member shall be	2434
compensated for more than one day each month. In addition, each	2435
voting member shall be reimbursed for all actual and necessary	2436
expenses incurred in the performance of official business.	2437

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

2438

"At-risk individual" means an individual at great risk of not	2439
being able to access available health and social services due to	2440
barriers such as poverty, inadequate transportation, culture, and	2441
priorities of basic survival.	2442

"Care coordination agency" means a person or government	2443
entity that assists at-risk individuals access available health	2444
and social services the at-risk individuals need.	2445

(B) A care coordination agency may provide the following	2446
information to the Ohio family and children first cabinet council:	2447

(1) The types of individuals the agency identifies as being	2448
at-risk individuals;	2449

(2) The total per-individual cost to the agency for care	2450
coordination services provided to at-risk individuals;	2451

(3) The administrative cost per individual for care	2452
coordination services provided to at-risk individuals;	2453

(4) The specific work products the agency purchased to	2454
provide care coordination services to at-risk individuals;	2455

(5) The strategies the agency uses to help at-risk	2456
individuals access available health and social services;	2457

(6) The agency's success in helping at-risk individuals	2458
access available health and social services;	2459

(7) The mechanisms the agency uses to identify and eliminate	2460
duplicate care coordination services.	2461

(C) The Ohio family and children first cabinet council may	2462
use the information provided to it under this section to help	2463
improve care coordination for at-risk individuals throughout the	2464
state.	2465

Sec. 121.40. (A) There is hereby created the Ohio community	2466
service council consisting of twenty-one voting members including	2467
the superintendent of public instruction or the superintendent's	2468
designee, the chancellor of the Ohio board of regents or the	2469
chancellor's designee, the director of youth services or the	2470
director's designee, the director of aging or the director's	2471
designee, the chairperson of the committee of the house of	2472
representatives dealing with education or the chairperson's	2473
designee, the chairperson of the committee of the senate dealing	2474
with education or the chairperson's designee, and fifteen members	2475
who shall be appointed by the governor with the advice and	2476
consent of the senate and who shall serve terms of office of three	2477
years. The appointees shall include educators, including teachers	2478
and administrators; representatives of youth organizations;	2479
students and parents; representatives of organizations engaged in	2480
volunteer program development and management throughout the state,	2481
including youth and conservation programs; and representatives of	2482
business, government, nonprofit organizations, social service	2483
agencies, veterans organizations, religious organizations, or	2484
philanthropies that support or encourage volunteerism within the	2485
state. The director of the governor's office of faith-based and	2486
community initiatives shall serve as a nonvoting ex officio member	2487
of the council. Members of the council shall receive no	2488
compensation, but shall be reimbursed for actual and necessary	2489
expenses incurred in the performance of their official duties.	2490

(B) The council shall appoint, with the advice and consent of	2491
the governor, an executive director for the council, who shall be	2492
in the unclassified civil service. The executive director shall	2493
supervise the council's activities and report to the council on	2494
the progress of those activities. The executive director shall do	2495
all things necessary for the efficient and effective	2496
implementation of the duties of the council.	2497

The responsibilities assigned to the executive director do	2498
not relieve the members of the council from final responsibility	2499
for the proper performance of the requirements of this section.	2500

(C) The council or its designee shall do all of the	2501
following:	2502

(1) Employ, promote, supervise, and remove all employees as	2503
needed in connection with the performance of its duties under this	2504
section and may assign duties to those employees as necessary to	2505
achieve the most efficient performance of its functions, and to	2506
that end may establish, change, or abolish positions, and assign	2507
and reassign duties and responsibilities of any employee of the	2508
council. Personnel employed by the council who are subject to	2509
Chapter 4117. of the Revised Code shall retain all of their rights	2510
and benefits conferred pursuant to that chapter. Nothing in this	2511
chapter shall be construed as eliminating or interfering with	2512
Chapter 4117. of the Revised Code or the rights and benefits	2513
conferred under that chapter to public employees or to any	2514
bargaining unit.	2515

(2) Maintain its office in Columbus, and may hold sessions at	2516
any place within the state;	2517

(3) Acquire facilities, equipment, and supplies necessary to	2518
house the council, its employees, and files and records under its	2519
control, and to discharge any duty imposed upon it by law. The	2520
expense of these acquisitions shall be audited and paid for in the	2521
same manner as other state expenses. For that purpose, the council	2522
shall prepare and submit to the office of budget and management a	2523
budget for each biennium according to sections 101.532 and 107.03	2524
of the Revised Code. The budget submitted shall cover the costs of	2525
the council and its staff in the discharge of any duty imposed	2526
upon the council by law. The council shall not delegate any	2527
authority to obligate funds.	2528

(4) Pay its own payroll and other operating expenses from	2529
line items designated by the general assembly;	2530

(5) Retain its fiduciary responsibility as appointing	2531
authority. Any transaction instructions shall be certified by the	2532
appointing authority or its designee.	2533

(6) Establish the overall policy and management of the	2534
council in accordance with this chapter;	2535

(7) Assist in coordinating and preparing the state	2536
application for funds under sections 101 to 184 of the "National	2537
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	2538
U.S.C.A. 12411 to 12544, as amended, assist in administering and	2539
overseeing the "National and Community Service Trust Act of 1993,"	2540
P.L. 103-82, 107 Stat. 785, and the americorps program in this	2541
state, and assist in developing objectives for a comprehensive	2542
strategy to encourage and expand community service programs	2543
throughout the state;	2544

(8) Assist the state board of education, school districts,	2545
the chancellor of the board of regents, and institutions of higher	2546
education in coordinating community service education programs	2547
through cooperative efforts between institutions and organizations	2548
in the public and private sectors;	2549

(9) Assist the departments of natural resources, youth	2550
services, aging, and job and family services in coordinating	2551
community service programs through cooperative efforts between	2552
institutions and organizations in the public and private sectors;	2553

(10) Suggest individuals and organizations that are available	2554
to assist school districts, institutions of higher education, and	2555
the departments of natural resources, youth services, aging, and	2556
job and family services in the establishment of community service	2557
programs and assist in investigating sources of funding for	2558
implementing these programs;	2559

(11) Assist in evaluating the state's efforts in providing	2560
community service programs using standards and methods that are	2561
consistent with any statewide objectives for these programs and	2562
provide information to the state board of education, school	2563
districts, the chancellor of the board of regents, institutions of	2564
higher education, and the departments of natural resources, youth	2565
services, aging, and job and family services to guide them in	2566
making decisions about these programs;	2567

(12) Assist the state board of education in complying with	2568
section 3301.70 of the Revised Code and the chancellor of the	2569
board of regents in complying with division (B)(2) of section	2570
3333.043 of the Revised Code;	2571

(13) Advise, assist, consult with, and cooperate with, by	2572
contract or otherwise, agencies and political subdivisions of this	2573
state in establishing a statewide system for volunteers pursuant	2574
to section 121.404 of the Revised Code.	2575

(D) ~~The department of aging~~With the advice and consent of	2576
the governor, the council shall in writing enter into an agreement	2577
with another state agency to serve as the council's fiscal agent.	2578
~~Beginning on July 1, 1997, whenever reference is made in any law,~~	2579
~~contract, or document to the functions of the department of youth~~	2580
~~services as fiscal agent to the council, the reference shall be~~	2581
~~deemed to refer to the department of aging. The department of~~	2582
~~aging shall have no responsibility for or obligation to the~~	2583
~~council prior to July 1, 1997. Any validation, cure, right,~~	2584
~~privilege, remedy, obligation, or liability shall be retained by~~	2585
~~the council.~~	2586

~~As used in this section, "fiscal agent" means technical~~	2587
~~support and includes the following technical support services:~~The	2588
fiscal agent shall be responsible for all the council's fiscal	2589
matters and financial transactions, as specified in the agreement.	2590
Services to be provided by the fiscal agent include, but are not	2591
limited to, the following:	2592

(1) Preparing and processing payroll and other personnel	2593
documents that the council executes as the appointing authority.;	2594
~~The department of aging shall not approve any payroll or other~~	2595
~~personnel-related documents.~~	2596

(2) Maintaining ledgers of accounts and reports of account	2597
balances, and monitoring budgets and allotment plans in	2598
consultation with the council.; and~~The department shall not~~	2599
~~approve any biennial budget, grant, expenditure, audit, or~~	2600
~~fiscal-related document.~~	2601

(3) Performing other routine support services that the	2602
~~director of aging or the director's designee and the council or~~	2603
~~its designee consider~~fiscal agent considers appropriate to	2604
achieve efficiency.	2605

(E)(1) The council ~~or its designee~~, in conjunction and	2606
consultation with the fiscal agent, has the following authority	2607
and responsibility relative to fiscal matters:	2608

(a) Sole authority to draw funds for any and all federal	2609
programs in which the council is authorized to participate;	2610

(b) Sole authority to expend funds from their accounts for	2611
programs and any other necessary expenses the council may incur	2612
and its subgrantees may incur; and	2613

(c) Responsibility to cooperate with and inform the	2614
~~department of aging as~~ fiscal agent ~~to ensure that the department~~	2615
is fully ~~apprised~~ of all financial transactions.	2616

(2) The council shall follow all state procurement, fiscal,	2617
human resources, statutory, and administrative rule requirements.	2618

(3) The ~~department of aging~~fiscal agent shall determine fees	2619
to be charged to the council, which shall be in proportion to the	2620
services performed for the council.	2621

(4) The council shall pay fees owed to the ~~department of~~	2622
~~aging~~fiscal agent from a general revenue fund of the council or	2623
from any other fund from which the operating expenses of the	2624
council are paid. Any amounts set aside for a fiscal year for the	2625
payment of these fees shall be used only for the services	2626
performed for the council by the ~~department of aging~~fiscal agent	2627
in that fiscal year.	2628

(F) The council may accept and administer grants from any	2629
source, public or private, to carry out any of the council's	2630
functions this section establishes.	2631

Sec. 121.401. (A) As used in this section and section	2632
121.402 of the Revised Code, "organization or entity" and	2633
"unsupervised access to a child" have the same meanings as in	2634
section 109.574 of the Revised Code.	2635

(B) The ~~governor's~~Ohio community service council shall adopt	2636
a set of "recommended best practices" for organizations or	2637
entities to follow when one or more volunteers of the organization	2638
or entity have unsupervised access to one or more children or	2639
otherwise interact with one or more children. The "recommended	2640
best practices" shall focus on, but shall not be limited to, the	2641
issue of the safety of the children and, in addition, the	2642
screening and supervision of volunteers. The "recommended best	2643
practices" shall include as a recommended best practice that the	2644
organization or entity subject to a criminal records check	2645
performed by the bureau of criminal identification and	2646
investigation pursuant to section 109.57, section 109.572, or	2647
rules adopted under division (E) of section 109.57 of the Revised	2648
Code, all of the following:	2649

(1) All persons who apply to serve as a volunteer in a	2650
position in which the person will have unsupervised access to a	2651
child on a regular basis.	2652

(2) All volunteers who are in a position in which the person	2653
will have unsupervised access to a child on a regular basis and	2654
who the organization or entity has not previously subjected to a	2655
criminal records check performed by the bureau of criminal	2656
identification and investigation.	2657

(C) The set of "recommended best practices" required to be	2658
adopted by this section are in addition to the educational program	2659
required to be adopted under section 121.402 of the Revised Code.	2660

Sec. 121.402. (A) The ~~governor's~~Ohio community service	2661
council shall establish and maintain an educational program that	2662
does all of the following:	2663

(1) Makes available to parents and guardians of children	2664
notice about the provisions of sections 109.574 to 109.577,	2665
section 121.401, and section 121.402 of the Revised Code and	2666
information about how to keep children safe when they are under	2667
the care, custody, or control of a person other than the parent or	2668
guardian;	2669

(2) Makes available to organizations and entities information	2670
regarding the best methods of screening and supervising	2671
volunteers, how to obtain a criminal records check of a volunteer,	2672
confidentiality issues relating to reports of criminal records	2673
checks, and record keeping regarding the reports;	2674

(3) Makes available to volunteers information regarding the	2675
possibility of being subjected to a criminal records check and	2676
displaying appropriate behavior to minors;	2677

(4) Makes available to children advice on personal safety and	2678
information on what action to take if someone takes inappropriate	2679
action towards a child.	2680

(B) The program shall begin making the materials described in	2681
this section available not later than ~~one year after the effective~~	2682
~~date of this section~~March 22, 2002.	2683

Sec. 122.042. The director of development may found an	2684
employment opportunity program that encourages employers to employ	2685
individuals who are members of significantly disadvantaged groups.	2686
If the director intends to found such an employment opportunity	2687
program, the director shall adopt, and thereafter may amend or	2688
rescind, rules under Chapter 119. of the Revised Code to found,	2689
and to operate, maintain, and improve, the program. In the rules,	2690
the director shall:	2691

(A) Construct, and, as changing circumstances indicate,	2692
re-construct, procedures according to which significantly	2693
disadvantaged groups are identified as such, an individual is	2694
identified as being a member of a significantly disadvantaged	2695
group, and an employer is identified as being a potential employer	2696
of an individual who is a member of a significantly disadvantaged	2697
group;	2698

(B) Describe, and, as experience indicates, re-describe, the	2699
kinds of evidence that shall be considered to identify	2700
significantly disadvantaged groups, the kinds of evidence an	2701
individual shall offer to prove that the individual is a member of	2702
a significantly disadvantaged group, and the kinds of evidence an	2703
employer shall offer to prove that the employer is a potential	2704
employer of an individual who is a member of a significantly	2705
disadvantaged group;	2706

(C) Specify, and, as experience indicates, re-specify,	2707
strategies and tactics for connecting individuals who are members	2708
of significantly disadvantaged groups with potential employers of	2709
members of significantly disadvantaged groups;	2710

(D) Define a mix of, and, as experience indicates, define a	2711
re-mix of, incentives, such as grants, loans, loan guarantees, and	2712
tax benefits, that will encourage potential employers of	2713
individuals who are members of significantly disadvantaged groups	2714
actually to employ those individuals, to train those individuals	2715
in the particular skills of the employment, and otherwise to	2716
develop and continue those individuals in the employment;	2717

(E) Prescribe, and, as experience indicates, re-prescribe,	2718
terms and conditions under which incentives are provided to and	2719
used by employers, including standards according to which	2720
incentives are provided or not provided to employers, results that	2721
reasonably can be expected from the provision of incentives, terms	2722
for and conditions on the use to which incentives may be put,	2723
methods according to which the use of incentives can be monitored	2724
and accounted for, any obligation to repay or otherwise reimburse	2725
an incentive, and liability under which employers are obligated to	2726
provide restitution to the director if incentives are misused	2727
according to the terms and conditions of their provision and use;	2728
and	2729

(F) Construct, describe, specify, define, and prescribe any	2730
other thing that is necessary and proper for the founding, and for	2731
the successful and efficient operation, maintenance, and	2732
improvement, of the employment opportunity program.	2733

In founding, and in operating, maintaining, and improving,	2734
the employment opportunity program under the rules, the director	2735
shall proceed so that the resulting program functions as a	2736
coherent, efficient system for improving employment opportunities	2737
for significantly disadvantaged groups. Examples of significantly	2738
disadvantaged groups include individuals who have not graduated	2739
from high school, individuals who have been convicted of a crime,	2740
individuals who are disabled, and individuals who are chronically	2741
unemployed (usually for more than eighteen months).	2742

The director may not provide an incentive in the form of a	2743
tax benefit unless the director first has consulted, and obtained	2744
the approval of, the tax commissioner. Examples of tax benefits	2745
include tax deductions, tax credits, and tax exemptions.	2746

The director has a cause of action for restitution to recover	2747
for the misuse of an incentive according to the terms and	2748
conditions under which the incentive was provided or to be used.	2749

Sec. 122.05. (A) The director of development may, to carry	2750
out the purposes of division (E) of section 122.04 of the Revised	2751
Code:	2752

(1) Establish offices in foreign countries as the director	2753
considers appropriate and enter into leases of real property,	2754
buildings, and office space that are appropriate for these	2755
offices;	2756

(2) Appoint personnel, who shall be in the unclassified civil	2757
services, necessary to operate such offices and fix their	2758
compensation. The director may enter into contracts with foreign	2759
nationals to staff the foreign offices established under this	2760
section.	2761

(3) The director may establish United States dollar and	2762
foreign currency accounts for the payment of expenses related to	2763
the operation and maintenance of the offices established under	2764
this section. The director shall establish procedures acceptable	2765
to the director of budget and management for the conversion,	2766
transfer, and control of United States dollars and foreign	2767
currency.	2768

(4) Provide export promotion assistance to Ohio businesses	2769
and organize or support missions to foreign countries to promote	2770
export of Ohio products and services and to encourage foreign	2771
direct investment in Ohio. The director may charge fees to	2772
businesses receiving export assistance and to participants in	2773
foreign missions sufficient to recover the direct costs of those	2774
activities. The director shall adopt, as an internal management	2775
rule under section 111.15 of the Revised Code, a procedure for	2776
setting the fees and a schedule of fees for services commonly	2777
provided by the department. The procedure shall require the	2778
director to annually review the established fees.	2779

(5) Do all things necessary and appropriate for the operation	2780
of the state's foreign offices.	2781

(B) All contracts entered into under division (A)(2) of this	2782
section and any payments of expenses under division (A)(3) of this	2783
section related to the operation and maintenance of foreign	2784
offices established under this section may be paid in the	2785
appropriate foreign currency and are exempt from sections 127.16	2786
and 5147.07 and Chapters 124., 125., and 153. of the Revised Code.	2787

Sec. 122.051. There is hereby created in the state treasury	2788
the international trade cooperative projects fund. The fund shall	2789
consist of ~~moneys~~all of the following:	2790

(A) Moneys received from private and nonprofit organizations	2791
involved in cooperative agreements related to import/export and	2792
direct foreign investment activities ~~and cash~~;	2793

(B) Cash transfers from other state agencies or any state or	2794
local government to encourage, promote, and assist trade and	2795
commerce between this state and foreign nations, pursuant to	2796
section 122.05 and division (E) of section 122.04 of the Revised	2797
Code; and	2798

(C) Fees charged to businesses receiving export assistance	2799
and to participants in foreign missions to recover direct costs of	2800
those activities under division (A)(4) of section 122.05 of the	2801
Revised Code.	2802

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

2803

(1) "Alternative fuel" means blended biodiesel or, blended	2804
gasoline, or compressed air used in air-compression driven	2805
engines.	2806

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	2807
fuel that is derived from vegetable oils or animal fats, or any	2808
combination of those reagents, and that meets American society for	2809
testing and materials specification D6751-03a for biodiesel fuel	2810
(B100) blend stock distillate fuels.	2811

(3) "Diesel fuel" and "gasoline" have the same meanings as in	2812
section 5735.01 of the Revised Code.	2813

(4) "Ethanol" has the same meaning as in section 5733.46 of	2814
the Revised Code.	2815

(5) "Blended biodiesel" means diesel fuel containing at least	2816
twenty per cent biodiesel by volume.	2817

(6) "Blended gasoline" means gasoline containing at least	2818
eighty-five per cent ethanol by volume.	2819

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

2820

(a) The difference in cost between blended gasoline and	2821
gasoline containing ten per cent or less ethanol at the time that	2822
the blended gasoline is purchased;	2823

(b) The difference in cost between blended biodiesel and	2824
diesel fuel containing two per cent or less biodiesel at the time	2825
that the blended biodiesel is purchased.	2826

(B) For the purpose of improving the air quality in this	2827
state, the director of development shall establish an alternative	2828
fuel transportation grant program under which the director may	2829
make grants to businesses, nonprofit organizations, public school	2830
systems, or local governments for the purchase and installation of	2831
alternative fuel refueling or distribution facilities and	2832
terminals, for the purchase and use of alternative fuel, and to	2833
pay the costs of educational and promotional materials and	2834
activities intended for prospective alternative fuel consumers,	2835
fuel marketers, and others in order to increase the availability	2836
and use of alternative fuel.	2837

(C) The director, in consultation with the director of	2838
agriculture, shall adopt rules in accordance with Chapter 119. of	2839
the Revised Code that are necessary for the administration of the	2840
alternative fuel transportation grant program. The rules shall	2841
establish at least all of the following:	2842

(1) An application form and procedures governing the	2843
application process for a grant under the program;	2844

(2) A procedure for prioritizing the award of grants under	2845
the program. The procedures shall give preference to all of the	2846
following:	2847

(a) Publicly accessible refueling facilities;

2848

(b) Entities seeking grants that have secured funding from	2849
other sources, including, but not limited to, private or federal	2850
grants;	2851

(c) Entities that have presented compelling evidence of	2852
demand in the market in which the facilities or terminals will be	2853
located;	2854

(d) Entities that have committed to utilizing purchased or	2855
installed facilities or terminals for the greatest number of	2856
years;	2857

(e) Entities that will be purchasing or installing facilities	2858
or terminals for both blended biodiesel and blended gasoline.	2859

(3) A requirement that the maximum grant for the purchase and	2860
installation of an alternative fuel refueling or distribution	2861
facility or terminal be eighty per cent of the cost of the	2862
facility or terminal, except that at least twenty per cent of the	2863
total net cost of the facility or terminal shall be incurred by	2864
the grant recipient and not compensated for by any other source;	2865

(4) A requirement that the maximum grant for the purchase of	2866
alternative fuel be eighty per cent of the incremental cost of the	2867
fuel;	2868

(5) Any other criteria, procedures, or guidelines that the	2869
director determines are necessary to administer the program.	2870

(D) An applicant for a grant under this section that sells	2871
motor vehicle fuel at retail shall agree that if the applicant	2872
receives a grant, the applicant will report to the director the	2873
gallon amounts of blended gasoline and blended biodiesel the	2874
applicant sells at retail in this state for a period of three	2875
years after the grant is awarded.	2876

The director shall enter into a written confidentiality	2877
agreement with the applicant regarding the gallon amounts sold as	2878
described in this division, and upon execution of the agreement	2879
this information is not a public record.	2880

(E) There is hereby created in the state treasury the	2881
alternative fuel transportation grant fund. The fund shall consist	2882
of money transferred to the fund under division (C) of section	2883
125.836 of the Revised Code, money that is appropriated to it by	2884
the general assembly, and money as may be specified by the general	2885
assembly from the advanced energy fund created by section 4928.61	2886
of the Revised Code. Money in the fund shall be used to make	2887
grants under the alternative fuel transportation grant program and	2888
by the director in the administration of that program.	2889

Sec. 122.12. As used in this section and in section 122.121	2890
of the Revised Code:	2891

(A) "Endorsing county" means a county that contains a site	2892
selected by a site selection organization for one or more games.	2893

(B) "Endorsing municipality" means a municipal corporation	2894
that contains a site selected by a site selection organization for	2895
one or more games.	2896

(C) "Game support contract" means a joinder undertaking,	2897
joinder agreement, or similar contract executed by an endorsing	2898
municipality or endorsing county and a site selection	2899
organization.	2900

(D) "Game" means a national football league "super bowl," a	2901
national collegiate athletic association "final four" tournament	2902
game, the national basketball association all-star game, the	2903
national hockey league all-star game, the major league baseball	2904
all-star game, a national collegiate athletic association bowl	2905
championship series game, a world cup soccer game, the world	2906
games, a national collegiate championship of an amateur sport	2907
sanctioned by the national governing body of the sport that is	2908
recognized by the United States olympic committee, or an olympic	2909
activity, including a junior or senior activity, training program,	2910
or feeder program sanctioned by the United States olympic	2911
committee's community olympic development program. "Game" includes	2912
any events and activities related to or associated with a game.	2913

(E) "Joinder agreement" means an agreement entered into by an	2914
endorsing municipality or endorsing county, or more than one	2915
endorsing municipality or county acting collectively and a site	2916
selection organization setting out representations and assurances	2917
by each endorsing municipality or endorsing county in connection	2918
with the selection of a site in this state for the location of a	2919
game.	2920

(F) "Joinder undertaking" means an agreement entered into by	2921
an endorsing municipality or endorsing county, or more than one	2922
endorsing municipality or county acting collectively and a site	2923
selection organization that each endorsing municipality or	2924
endorsing county will execute a joinder agreement in the event	2925
that the site selection organization selects a site in this state	2926
for a game.	2927

(G) "Local organizing committee" means a nonprofit	2928
corporation or its successor in interest that:	2929

(1) Has been authorized by an endorsing municipality,	2930
endorsing county, or more than one endorsing municipality or	2931
county acting collectively to pursue an application and bid on the	2932
applicant's behalf to a site selection organization for selection	2933
as the site of one or more games; or	2934

(2) With the authorization of an endorsing municipality,	2935
endorsing county, or more than one endorsing municipality or	2936
county acting collectively, has executed an agreement with a site	2937
selection organization regarding a bid to host one or more games.	2938

(H) "Site selection organization" means the national football	2939
league, the national collegiate athletic association, the national	2940
basketball association, the national hockey league, major league	2941
baseball, the federation internationale de football association,	2942
the international world games association, the United States	2943
olympic committee, or the national governing body of a sport that	2944
is recognized as such by the United States olympic committee.	2945

Sec. 122.121. (A) If an endorsing municipality or endorsing	2946
county enters into a joinder undertaking with a site selection	2947
organization, the endorsing municipality or endorsing county may	2948
submit a copy of the joinder undertaking to the director of	2949
development and request in writing that the director, in	2950
consultation with the tax commissioner, estimate, in accordance	2951
with procedures developed by the director and commissioner, the	2952
incremental increase in the receipts from the tax imposed under	2953
section 5739.02 of the Revised Code within the market area	2954
designated under division (C) of this section, for the two-week	2955
period that ends at the end of the day after the date on which a	2956
game will be held, that is directly attributable, as determined by	2957
the director and commissioner, to the preparation for and	2958
presentation of the game. Not later than sixty days after a copy	2959
of the joinder undertaking is submitted under this division, the	2960
director shall send a written notice to the requesting party of	2961
the estimated amount of the incremental increase and shall certify	2962
that amount to the director of budget and management. The	2963
endorsing municipality or endorsing county may submit the	2964
director's estimate to a site selection organization.	2965

(B) If an endorsing municipality or endorsing county enters	2966
into a joinder agreement with a site selection organization, the	2967
endorsing municipality or endorsing county shall file a copy of	2968
the joinder agreement with the director of development, who	2969
immediately shall notify the director of budget and management of	2970
the filing. Within thirty days after receiving the notice, the	2971
director of budget and management shall establish a schedule to	2972
disburse from the general revenue fund to such endorsing	2973
municipality or endorsing county payments that total the amount	2974
certified by the director of development under division (A) of	2975
this section, but in no event shall the total amount disbursed	2976
exceed five hundred thousand dollars. The payments shall be used	2977
exclusively by the endorsing municipality or endorsing county to	2978
fulfill a portion of its obligations to a site selection	2979
organization under game support contracts, which obligations may	2980
include the payment of costs relating to the preparations	2981
necessary for the conduct of the game, including acquiring,	2982
renovating, or constructing facilities; to pay the costs of	2983
conducting the game; and to assist the local organizing	2984
committee, endorsing municipality, or endorsing county in	2985
providing assurances required by a site selection organization	2986
sponsoring one or more games.	2987

(C) For the purposes of division (A) of this section, the	2988
director of development, in consultation with the tax	2989
commissioner, shall designate as a market area for a game each	2990
area in which they determine there is a reasonable likelihood of	2991
measurable economic impact directly attributable to the	2992
preparation for and presentation of the game and related events,	2993
including areas likely to provide venues, accommodations, and	2994
services in connection with the game based on the copy of the	2995
joinder undertaking provided to the director under division (A) of	2996
this section. The director and commissioner shall determine the	2997
geographic boundaries of each market area. An endorsing	2998
municipality or endorsing county that has been selected as the	2999
site for a game must be included in a market area for the game.	3000

(D) A local organizing committee, endorsing municipality, or	3001
endorsing county shall provide information required by the	3002
director of development and tax commissioner to enable the	3003
director and commissioner to fulfill their duties under this	3004
section, including annual audited statements of any financial	3005
records required by a site selection organization and data	3006
obtained by the local organizing committee, endorsing	3007
municipality, or endorsing county relating to attendance at a game	3008
and to the economic impact of the game. A local organizing	3009
committee, an endorsing municipality, or an endorsing county shall	3010
provide an annual audited financial statement if so required by	3011
the director and commissioner, not later than the end of the	3012
fourth month after the date the period covered by the financial	3013
statement ends.	3014

(E) No disbursement may be made under this section if the	3015
director of development determines that it would be used for the	3016
purpose of soliciting the relocation of a professional sports	3017
franchise located in this state.	3018

(F) This section may not be construed as creating or	3019
requiring a state guarantee of obligations imposed on an endorsing	3020
municipality or endorsing county under a game support contract or	3021
any other agreement relating to hosting one or more games in this	3022
state.	3023

Sec. 122.151. (A) An investor who proposes to make an	3024
investment of money in an Ohio entity may apply to an Edison	3025
center for a tax credit under this section. The Edison center	3026
shall prescribe the form of the application and any information	3027
that the investor must submit with the application. The investor	3028
shall include with the application a fee of two hundred dollars.	3029
The center, within three weeks after receiving the application,	3030
shall review it, determine whether the investor should be	3031
recommended for the tax credit, and send written notice of its	3032
initial determination to the industrial technology and enterprise	3033
advisory council and to the investor. If the center determines the	3034
investor should not be recommended for the tax credit, it shall	3035
include in the notice the reasons for the determination. Subject	3036
to divisions (C) and (D) of this section, an investor is eligible	3037
for a tax credit if all of the following requirements are met:	3038

(1) The investor's investment of money is in an Ohio entity	3039
engaged in a qualified trade or business.	3040

(2) The Ohio entity had less than two million five hundred	3041
thousand dollars of gross revenue during its most recently	3042
completed fiscal year or had a net book value of less than two	3043
million five hundred thousand dollars at the end of that fiscal	3044
year.	3045

(3) The investment takes the form of the purchase of common	3046
or preferred stock, a membership interest, a partnership interest,	3047
or any other ownership interest.	3048

(4) The amount of the investment for which the credit is	3049
being claimed does not exceed three hundred thousand dollars in	3050
the case of an investment in an EDGE business enterprise or in an	3051
Ohio entity located in a distressed area, or two hundred fifty	3052
thousand dollars in the case of an investment in any other Ohio	3053
entity.	3054

(5) The money invested is entirely at risk of loss, where	3055
repayment depends upon the success of the business operations of	3056
the Ohio entity.	3057

(6) No repayment of principal invested will be made for at	3058
least three years from the date the investment is made.	3059

(7) The annual combined amount of any dividend and interest	3060
payments to be made to the investor will not exceed ten per cent	3061
of the amount of the investment for at least three years from the	3062
date the investment is made.	3063

(8) The investor is not an employee with proprietary	3064
decision-making authority of the Ohio entity in which the	3065
investment of money is proposed, or related to such an individual.	3066
The Ohio entity is not an individual related to the investor. For	3067
purposes of this division, the industrial technology and	3068
enterprise advisory council shall define "an employee with	3069
proprietary decision-making authority."	3070

(9) The investor is not an insider.

3071

For the purposes of determining the net book value of an Ohio	3072
entity under division (A)(1) or (2) of this section, if the entity	3073
is a member of an affiliated group, the combined net book values	3074
of all of the members of that affiliated group shall be used.	3075

Nothing in division (A)(6) or (7) of this section limits or	3076
disallows the distribution to an investor in a pass-through entity	3077
of a portion of the entity's profits equal to the investor's	3078
federal, state, and local income tax obligations attributable to	3079
the investor's allocable share of the entity's profits. Nothing in	3080
division (A)(6) or (7) of this section limits or disallows the	3081
sale by an investor of part or all of the investor's interests in	3082
an Ohio entity by way of a public offering of shares in the Ohio	3083
entity.	3084

(B) A group of two but not more than twenty investors, each	3085
of whom proposes to make an investment of money in the same Ohio	3086
entity, may submit an application for tax credits under division	3087
(A) of this section. The group shall include with the application	3088
a fee of eight hundred dollars. The application shall identify	3089
each investor in the group and the amount of money each investor	3090
proposes to invest in the Ohio entity, and shall name a contact	3091
person for the group. The Edison center, within three weeks after	3092
receiving the application, shall review it, determine whether each	3093
investor of the group should be recommended for a tax credit under	3094
the conditions set forth in division (A) of this section, and send	3095
written notice of its determination to the industrial technology	3096
and enterprise advisory council and to the contact person. The	3097
center shall not recommend that a group of investors receive a tax	3098
credit unless each investor is eligible under those conditions.	3099
The center may disqualify from a group any investor who is not	3100
eligible under the conditions and recommend that the remaining	3101
group of investors receive the tax credit. If the center	3102
determines the group should not be recommended for the tax credit,	3103
it shall include in the notice the reasons for the determination.	3104

(C) The industrial technology and enterprise advisory council	3105
shall establish from among its members a three-person committee.	3106
Within four weeks after the council receives a notice of	3107
recommendation from an Edison center, the committee shall review	3108
the recommendation and issue a final determination of whether the	3109
investor or group is eligible for a tax credit under the	3110
conditions set forth in division (A) of this section. The	3111
committee may require the investor or group to submit additional	3112
information to support the application. The vote of at least two	3113
members of the committee is necessary for the issuance of a final	3114
determination or any other action of the committee. Upon making	3115
the final determination, the committee shall send written notice	3116
of approval or disapproval of the tax credit to the investor or	3117
group contact person, the director of development, and the Edison	3118
center. If the committee disapproves the tax credit, it shall	3119
include in the notice the reasons for the disapproval.	3120

(D)(1) The industrial technology and enterprise advisory	3121
council committee shall not approve more than one million five	3122
hundred thousand dollars of investments in any one Ohio entity.	3123
However, if a proposed investment of money in an Ohio entity has	3124
been approved but the investor does not actually make the	3125
investment, the committee may reassign the amount of that	3126
investment to another investor, as long as the total amount	3127
invested in the entity under this section does not exceed one	3128
million five hundred thousand dollars.	3129

If the one-million-five-hundred-thousand-dollar limit for an	3130
Ohio entity has not yet been reached and an application proposes	3131
an investment of money that would exceed the limit for that	3132
entity, the committee shall send written notice to the investor,	3133
or for a group, the contact person, that the investment cannot be	3134
approved as requested. Upon receipt of the notice, the investor	3135
or group may amend the application to propose an investment of	3136
money that does not exceed the limit.	3137

(2) Not more than ~~thirty~~forty-five million dollars of tax	3138
credits shall be issued under sections 122.15 to 122.154 of the	3139
Revised Code.	3140

(E) If an investor makes an approved investment of less than	3141
two hundred fifty thousand dollars in any Ohio entity other than	3142
an EDGE business enterprise or in an Ohio entity located in a	3143
distressed area, the investor may apply for approval of another	3144
investment of money in that entity, as long as the total amount	3145
invested in that entity by the investor under this section does	3146
not exceed two hundred fifty thousand dollars. If an investor	3147
makes an approved investment of less than three hundred thousand	3148
dollars in an EDGE business enterprise or in an Ohio entity	3149
located in a distressed area, the investor may apply for approval	3150
of another investment of money in that entity, as long as the	3151
total amount invested in that entity by the investor under this	3152
section does not exceed three hundred thousand dollars. An	3153
investor who receives approval of an investment of money as part	3154
of a group may subsequently apply on an individual basis for	3155
approval of an additional investment of money in the Ohio entity.	3156

(F) The industrial technology and enterprise advisory council	3157
committee shall approve or disapprove tax credit applications	3158
under this section in the order in which they are received by the	3159
council.	3160

(G) The director of development may disapprove any	3161
application recommended by an Edison center and approved by the	3162
industrial technology and enterprise advisory council committee,	3163
or may disapprove a credit for which a tax credit certificate has	3164
been issued under section 122.152 of the Revised Code, if the	3165
director determines that the entity in which the applicant	3166
proposes to invest or has invested is not an Ohio entity eligible	3167
to receive investments that qualify for the credit. If the	3168
director disapproves an application, the director shall certify	3169
the action to the investor, the Edison center that recommended the	3170
application, the industrial technology and enterprise advisory	3171
council, and the tax commissioner, together with a written	3172
explanation of the reasons for the disapproval. If the director	3173
disapproves a tax credit after a tax credit certificate is issued,	3174
the investor shall not claim the credit for the taxable year that	3175
includes the day the director disapproves the credit, or for any	3176
subsequent taxable year.	3177

The director of development, in accordance with section	3178
111.15 of the Revised Code and with the advice of the industrial	3179
technology and enterprise advisory council, may adopt, amend, and	3180
rescind rules necessary to implement sections 122.15 to 122.154 of	3181
the Revised Code.	3182

(H) An Edison center shall use application fees received	3183
under this section only for the costs of administering sections	3184
122.15 to 122.154 of the Revised Code.	3185

Sec. 122.17. (A) As used in this section:

3186

(1) ~~"Full-time employee" means an individual who is employed~~	3187
~~for consideration for at least an average of thirty-five hours a~~	3188
~~week, who renders any other standard of service generally~~	3189
~~accepted by custom or specified by contract as full-time~~	3190
~~employment, or who is employed for consideration for such time or~~	3191
~~renders such service but is on family or medical leave under the~~	3192
~~federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,~~	3193
~~107 Stat. 6, as amended, or on active duty reserve or Ohio~~	3194
~~national guard service.~~	3195

~~(2) "New employee" means one of the following:~~

3196

~~(a) A full-time employee first employed by a taxpayer in the~~	3197
~~project that is the subject of the agreement after the taxpayer~~	3198
~~enters into a tax credit agreement with the tax credit authority~~	3199
~~under this section;~~	3200

~~(b) A full-time employee first employed by a taxpayer in the~~	3201
~~project that is the subject of the tax credit after the tax credit~~	3202
~~authority approves a project for a tax credit under this section~~	3203
~~in a public meeting, as long as the taxpayer enters into the tax~~	3204
~~credit agreement prepared by the department of development after~~	3205
~~such meeting within sixty days after receiving the agreement from~~	3206
~~the department. If the taxpayer fails to enter into the agreement~~	3207
~~within sixty days, "new employee" has the same meaning as under~~	3208
~~division (A)(2)(a) of this section. A full-time employee may be~~	3209
~~considered a "new employee" of a taxpayer, despite previously~~	3210
~~having been employed by a related member of the taxpayer, if all~~	3211
~~of the following apply:~~	3212

~~(i) The related member is a party to the tax credit agreement~~	3213
~~at the time the employee is first employed with the taxpayer;~~	3214

~~(ii) The related member will remain subject to the tax~~	3215
~~imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied~~	3216
~~under Chapter 5751. of the Revised Code for the remainder of the~~	3217
~~term of the tax credit, and the tax credit is taken against~~	3218
~~liability for that same tax through the remainder of the term of~~	3219
~~the tax credit; and~~	3220

~~(iii) The employee was considered a new employee of the~~	3221
~~related member prior to employment with the taxpayer.~~	3222

~~Under division (A)(2)(a) or (b) of this section, if the tax~~	3223
~~credit authority determines it appropriate, "new employee" also~~	3224
~~may include an employee re-hired or called back from lay-off to~~	3225
~~work in a new facility or on a new product or service established~~	3226
~~or produced by the taxpayer after entering into the agreement~~	3227
~~under this section or after the tax credit authority approves the~~	3228
~~tax credit in a public meeting. Except as otherwise provided in~~	3229
~~this paragraph, "new employee" does not include any employee of~~	3230
~~the taxpayer who was previously employed in this state by a~~	3231
~~related member of the taxpayer and whose employment was shifted to~~	3232
~~the taxpayer after the taxpayer entered into the tax credit~~	3233
~~agreement or after the tax credit authority approved the credit in~~	3234
~~a public meeting, or any employee of the taxpayer for which the~~	3235
~~taxpayer has been granted a certificate under division (B) of~~	3236
~~section 5709.66 of the Revised Code. However, if the taxpayer is~~	3237
~~engaged in the enrichment and commercialization of uranium or~~	3238
~~uranium products or is engaged in research and development~~	3239
~~activities related thereto and if the tax credit authority~~	3240
~~determines it appropriate, "new employee" may include an employee~~	3241
~~of the taxpayer who was previously employed in this state by a~~	3242
~~related member of the taxpayer and whose employment was shifted to~~	3243
~~the taxpayer after the taxpayer entered into the tax credit~~	3244
~~agreement or after the tax credit authority approved the credit in~~	3245
~~a public meeting. "New employee" does not include an employee of~~	3246
~~the taxpayer who is employed in an employment position that was~~	3247
~~relocated to a project from other operations of the taxpayer in~~	3248
~~this state or from operations of a related member of the taxpayer~~	3249
~~in this state. In addition, "new employee" does not include a~~	3250
~~child, grandchild, parent, or spouse, other than a spouse who is~~	3251
~~legally separated from the individual, of any individual who is an~~	3252
~~employee of the taxpayer and who has a direct or indirect~~	3253
~~ownership interest of at least five per cent in the profits,~~	3254
~~capital, or value of the taxpayer. Such ownership interest shall~~	3255
~~be determined in accordance with section 1563 of the Internal~~	3256
~~Revenue Code and regulations prescribed thereunder.~~	3257

~~(3) "New income~~"Income tax revenue" means the total amount	3258
withheld under section 5747.06 of the Revised Code by the	3259
taxpayer during the taxable year, or during the calendar year	3260
that includes the tax period, from the compensation of ~~new~~	3261
~~employees for the tax levied under Chapter 5747. of the Revised~~	3262
~~Code.~~	3263

~~(4) "Related member" has the same meaning as under division~~	3264
~~(A)(6) of section 5733.042 of the Revised Code without regard to~~	3265
~~division (B) of that section~~each employee employed in the project	3266
to the extent the employee's withholdings are not used to	3267
determine the credit under section 122.171 of the Revised Code.	3268

(2) "Baseline income tax revenue" means income tax revenue	3269
except that the applicable withholding period is the twelve months	3270
immediately preceding the date the tax credit authority approves	3271
the taxpayer's application multiplied by the sum of one plus an	3272
annual pay increase factor to be determined by the tax credit	3273
authority. If the taxpayer becomes eligible for the credit after	3274
the first day of the taxpayer's taxable year or after the first	3275
day of the calendar year that includes the tax period, the	3276
taxpayer's baseline income tax revenue shall be reduced in	3277
proportion to the number of days during the taxable or calendar	3278
year for which the taxpayer was not eligible for the credit. For	3279
subsequent taxable or calendar years, "baseline income tax	3280
revenue" equals the unreduced baseline income tax revenue for the	3281
preceding taxable or calendar year multiplied by the sum of one	3282
plus the pay increase factor.	3283

(3) "Excess income tax revenue" means income tax revenue	3284
minus baseline income tax revenue.	3285

(B) The tax credit authority may make grants under this	3286
section to foster job creation in this state. Such a grant shall	3287
take the form of a refundable credit allowed against the tax	3288
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	3289
under Chapter 5751. of the Revised Code. The credit shall be	3290
claimed for the taxable years or tax periods specified in the	3291
taxpayer's agreement with the tax credit authority under division	3292
(D) of this section. With respect to taxes imposed under section	3293
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	3294
credit shall be claimed in the order required under section	3295
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	3296
the credit available for a taxable year or for a calendar year	3297
that includes a tax period equals the ~~new~~excess income tax	3298
revenue for that year multiplied by the percentage specified in	3299
the agreement with the tax credit authority. Any credit granted	3300
under this section against the tax imposed by section 5733.06 or	3301
5747.02 of the Revised Code, to the extent not fully utilized	3302
against such tax for taxable years ending prior to 2008, shall	3303
automatically be converted without any action taken by the tax	3304
credit authority to a credit against the tax levied under Chapter	3305
5751. of the Revised Code for tax periods beginning on or after	3306
July 1, 2008, provided that the person to whom the credit was	3307
granted is subject to such tax. The converted credit shall apply	3308
to those calendar years in which the remaining taxable years	3309
specified in the agreement end.	3310

(C) A taxpayer or potential taxpayer who proposes a project	3311
to create new jobs in this state may apply to the tax credit	3312
authority to enter into an agreement for a tax credit under this	3313
section. The director of development shall prescribe the form of	3314
the application. After receipt of an application, the authority	3315
may enter into an agreement with the taxpayer for a credit under	3316
this section if it determines all of the following:	3317

(1) The taxpayer's project will ~~create new jobs in this state~~	3318
increase payroll and income tax revenue;	3319

(2) The taxpayer's project is economically sound and will	3320
benefit the people of this state by increasing opportunities for	3321
employment and strengthening the economy of this state;	3322

(3) Receiving the tax credit is a major factor in the	3323
taxpayer's decision to go forward with the project.	3324

(D) An agreement under this section shall include all of the	3325
following:	3326

(1) A detailed description of the project that is the subject	3327
of the agreement;	3328

(2) The term of the tax credit, which shall not exceed	3329
fifteen years, and the first taxable year, or first calendar year	3330
that includes a tax period, for which the credit may be claimed;	3331

(3) A requirement that the taxpayer shall maintain operations	3332
at the project location for at least ~~twice the number of years as~~	3333
~~the term of the tax credit~~the greater of seven years or the term	3334
of the credit plus three years;	3335

(4) The percentage, as determined by the tax credit	3336
authority, of ~~new~~excess income tax revenue that will be allowed	3337
as the amount of the credit for each taxable year or for each	3338
calendar year that includes a tax period;	3339

(5) ~~A specific method for determining how many new employees~~	3340
~~are employed during a taxable year or during a calendar year that~~	3341
~~includes a tax period~~The pay increase factor to be applied to the	3342
taxpayer's baseline income tax revenue;	3343

(6) A requirement that the taxpayer annually shall report to	3344
the director of development ~~the number of new employees, the new~~	3345
~~income tax revenue withheld in connection with the new employees,~~	3346
~~and any~~employment, tax withholding, investment, and other	3347
information the director needs to perform the director's duties	3348
under this section;	3349

(7) A requirement that the director of development annually	3350
~~shall verify the amounts~~review the information reported under	3351
division (D)(6) of this section~~, and after doing so shall issue a~~	3352
~~certificate to the taxpayer stating that the amounts have been~~	3353
~~verified~~and verify compliance with the agreement; if the taxpayer	3354
is in compliance, a requirement that the director issue a	3355
certificate to the taxpayer stating that the information has been	3356
verified and identifying the amount of the credit that may be	3357
claimed for the taxable or calendar year;	3358

(8)~~(a) A provision requiring that the taxpayer, except as~~	3359
~~otherwise provided in division (D)(8)(b) of this section, shall~~	3360
~~not relocate employment positions from elsewhere in this state to~~	3361
~~the project site that is the subject of the agreement for the~~	3362
~~lesser of five years from the date the agreement is entered into~~	3363
~~or the number of years the taxpayer is entitled to claim the tax~~	3364
~~credit.~~	3365

~~(b) The taxpayer may relocate employment positions from~~	3366
~~elsewhere in this state to the project site that is the subject of~~	3367
~~the agreement if the director of development determines both of~~	3368
~~the following:~~	3369

~~(i) That the site from which the employment positions would~~	3370
~~be relocated is inadequate to meet market and industry conditions,~~	3371
~~expansion plans, consolidation plans, or other business~~	3372
~~considerations affecting the taxpayer;~~	3373

~~(ii) That~~A provision providing that the taxpayer may not	3374
relocate a substantial number of employment positions from	3375
elsewhere in this state to the project location unless the	3376
director of development determines that the legislative authority	3377
of the county, township, or municipal corporation from which the	3378
employment positions would be relocated has been notified by the	3379
taxpayer of the relocation.	3380

For purposes of this section, the movement of an employment	3381
position from one political subdivision to another political	3382
subdivision shall be considered a relocation of an employment	3383
position~~, but the transfer of an individual employee from one~~	3384
~~political subdivision to another political subdivision shall not~~	3385
~~be considered a relocation of an employment position as long as~~	3386
~~the individual's employment position in the first political~~	3387
~~subdivision is refilled~~unless the employment position in the	3388
first political subdivision is replaced.	3389

(E) If a taxpayer fails to meet or comply with any condition	3390
or requirement set forth in a tax credit agreement, the tax credit	3391
authority may amend the agreement to reduce the percentage or term	3392
of the tax credit. The reduction of the percentage or term ~~shall~~	3393
~~take effect (1) in the taxable year immediately following the~~	3394
~~taxable year in which the authority amends the agreement or the~~	3395
~~director of development notifies the taxpayer in writing of such~~	3396
~~failure, or (2) in the first tax period beginning in the calendar~~	3397
~~year immediately following the calendar year in which the~~	3398
~~authority amends the agreement or the director notifies the~~	3399
~~taxpayer in writing of such failure. If the taxpayer fails to~~	3400
~~annually report any of the information required by division (D)(6)~~	3401
~~of this section within the time required by the director, the~~	3402
~~reduction of the percentage or term may take effect in the current~~	3403
~~taxable year. If the taxpayer relocates employment positions in~~	3404
~~violation of the provision required under division (D)(8)(a) of~~	3405
~~this section, the taxpayer shall not claim the tax credit under~~	3406
~~section 5733.0610 of the Revised Code for any tax years following~~	3407
~~the calendar year in which the relocation occurs, or shall not~~	3408
~~claim the tax credit under section 5725.32, 5729.032, or 5747.058~~	3409
~~of the Revised Code for the taxable year in which the relocation~~	3410
~~occurs and any subsequent taxable years, and shall not claim the~~	3411
~~tax credit under division (A) of section 5751.50 of the Revised~~	3412
~~Code for any tax period in the calendar year in which the~~	3413
~~relocation occurs and any subsequent tax periods~~may take effect	3414
in the current taxable or calendar year.	3415

(F) Projects that consist solely of point-of-final-purchase	3416
retail facilities are not eligible for a tax credit under this	3417
section. If a project consists of both point-of-final-purchase	3418
retail facilities and nonretail facilities, only the portion of	3419
the project consisting of the nonretail facilities is eligible for	3420
a tax credit and only the ~~new~~excess income tax revenue from ~~new~~	3421
~~employees of~~ the nonretail facilities shall be considered when	3422
computing the amount of the tax credit. If a warehouse facility is	3423
part of a point-of-final-purchase retail facility and supplies	3424
only that facility, the warehouse facility is not eligible for a	3425
tax credit. Catalog distribution centers are not considered	3426
point-of-final-purchase retail facilities for the purposes of this	3427
division, and are eligible for tax credits under this section.	3428

(G) Financial statements and other information submitted to	3429
the department of development or the tax credit authority by an	3430
applicant or recipient of a tax credit under this section, and any	3431
information taken for any purpose from such statements or	3432
information, are not public records subject to section 149.43 of	3433
the Revised Code. However, the chairperson of the authority may	3434
make use of the statements and other information for purposes of	3435
issuing public reports or in connection with court proceedings	3436
concerning tax credit agreements under this section. Upon the	3437
request of the tax commissioner or, if the applicant or recipient	3438
is an insurance company, upon the request of the superintendent of	3439
insurance, the chairperson of the authority shall provide to the	3440
commissioner or superintendent any statement or information	3441
submitted by an applicant or recipient of a tax credit in	3442
connection with the credit. The commissioner or superintendent	3443
shall preserve the confidentiality of the statement or	3444
information.	3445

(H) A taxpayer claiming a credit under this section shall	3446
submit to the tax commissioner or, if the taxpayer is an insurance	3447
company, to the superintendent of insurance, a copy of the	3448
director of development's certificate of verification under	3449
division (D)(7) of this section with the taxpayer's tax report or	3450
return for the taxable year or for the calendar year that includes	3451
the tax period. Failure to submit a copy of the certificate with	3452
the report or return does not invalidate a claim for a credit if	3453
the taxpayer submits a copy of the certificate to the commissioner	3454
or superintendent within sixty days after the commissioner or	3455
superintendent requests it.	3456

(I) The director of development, after consultation with the	3457
tax commissioner and the superintendent of insurance and in	3458
accordance with Chapter 119. of the Revised Code, shall adopt	3459
rules necessary to implement this section. The rules may provide	3460
for recipients of tax credits under this section to be charged	3461
fees to cover administrative costs of the tax credit program. The	3462
fees collected shall be credited to the tax incentive programs	3463
operating fund created in section 122.174 of the Revised Code. At	3464
the time the director gives public notice under division (A) of	3465
section 119.03 of the Revised Code of the adoption of the rules,	3466
the director shall submit copies of the proposed rules to the	3467
chairpersons of the standing committees on economic development in	3468
the senate and the house of representatives.	3469

(J) For the purposes of this section, a taxpayer may include	3470
a partnership, a corporation that has made an election under	3471
subchapter S of chapter one of subtitle A of the Internal Revenue	3472
Code, or any other business entity through which income flows as a	3473
distributive share to its owners. A partnership, S-corporation, or	3474
other such business entity may elect to pass the credit received	3475
under this section through to the persons to whom the income or	3476
profit of the partnership, S-corporation, or other entity is	3477
distributed. The election shall be made on the annual report	3478
required under division (D)(6) of this section. The election	3479
applies to and is irrevocable for the credit for which the report	3480
is submitted. If the election is made, the credit shall be	3481
apportioned among those persons in the same proportions as those	3482
in which the income or profit is distributed.	3483

(K) If the director of development determines that a taxpayer	3484
who has received a credit under this section is not complying with	3485
the requirement under division (D)(3) of this section, the	3486
director shall notify the tax credit authority of the	3487
noncompliance. After receiving such a notice, and after giving the	3488
taxpayer an opportunity to explain the noncompliance, the tax	3489
credit authority may require the taxpayer to refund to this state	3490
a portion of the credit in accordance with the following:	3491

(1) If the taxpayer maintained operations at the project	3492
location for ~~at least one and one-half times the number of years~~	3493
~~of the term of the tax credit, an amount not exceeding twenty-five~~	3494
~~per cent of the sum of any previously allowed credits under this~~	3495
~~section;~~	3496

~~(2) If the taxpayer maintained operations at the project~~	3497
~~location for at least the number of years of the term of the tax~~	3498
~~credit, an amount not exceeding fifty per cent of the sum of any~~	3499
~~previously allowed credits under this section;~~	3500

~~(3) If the taxpayer maintained operations at the project~~	3501
~~location for less than the number of years of the term of the tax~~	3502
~~credit, an amount not exceeding one hundred per cent of the sum of~~	3503
~~any previously allowed credits under this section~~a period less	3504
than or equal to the term of the credit, an amount not exceeding	3505
one hundred per cent of the sum of any credits allowed and	3506
received under this section;	3507

(2) If the taxpayer maintained operations at the project	3508
location for a period longer than the term of the credit, but less	3509
than the greater of seven years or the term of the credit plus	3510
three years, an amount not exceeding seventy-five per cent of the	3511
sum of any credits allowed and received under this section.	3512

In determining the portion of the tax credit to be refunded	3513
to this state, the tax credit authority shall consider the effect	3514
of market conditions on the taxpayer's project and whether the	3515
taxpayer continues to maintain other operations in this state.	3516
After making the determination, the authority shall certify the	3517
amount to be refunded to the tax commissioner or superintendent of	3518
insurance, as appropriate. If the amount is certified to the	3519
commissioner, the commissioner shall make an assessment for that	3520
amount against the taxpayer under Chapter 5733., 5747., or 5751.	3521
of the Revised Code. If the amount is certified to the	3522
superintendent, the superintendent shall make an assessment for	3523
that amount against the taxpayer under Chapter 5725. or 5729. of	3524
the Revised Code. The time limitations on assessments under those	3525
chapters do not apply to an assessment under this division, but	3526
the commissioner or superintendent, as appropriate, shall make the	3527
assessment within one year after the date the authority certifies	3528
to the commissioner or superintendent the amount to be refunded.	3529

(L) On or before the ~~thirty-first~~first day of ~~March~~August	3530
each year, the director of development shall submit a report to	3531
the governor, the president of the senate, and the speaker of the	3532
house of representatives on the tax credit program under this	3533
section. The report shall include information on the number of	3534
agreements that were entered into under this section during the	3535
preceding calendar year, a description of the project that is the	3536
subject of each such agreement, and an update on the status of	3537
projects under agreements entered into before the preceding	3538
calendar year.	3539

(M) There is hereby created the tax credit authority, which	3540
consists of the director of development and four other members	3541
appointed as follows: the governor, the president of the senate,	3542
and the speaker of the house of representatives each shall appoint	3543
one member who shall be a specialist in economic development; the	3544
governor also shall appoint a member who is a specialist in	3545
taxation. Of the initial appointees, the members appointed by the	3546
governor shall serve a term of two years; the members appointed by	3547
the president of the senate and the speaker of the house of	3548
representatives shall serve a term of four years. Thereafter,	3549
terms of office shall be for four years. Initial appointments to	3550
the authority shall be made within thirty days after January 13,	3551
1993. Each member shall serve on the authority until the end of	3552
the term for which the member was appointed. Vacancies shall be	3553
filled in the same manner provided for original appointments. Any	3554
member appointed to fill a vacancy occurring prior to the	3555
expiration of the term for which the member's predecessor was	3556
appointed shall hold office for the remainder of that term.	3557
Members may be reappointed to the authority. Members of the	3558
authority shall receive their necessary and actual expenses while	3559
engaged in the business of the authority. The director of	3560
development shall serve as chairperson of the authority, and the	3561
members annually shall elect a vice-chairperson from among	3562
themselves. Three members of the authority constitute a quorum to	3563
transact and vote on the business of the authority. The majority	3564
vote of the membership of the authority is necessary to approve	3565
any such business, including the election of the vice-chairperson.	3566

The director of development may appoint a professional	3567
employee of the department of development to serve as the	3568
director's substitute at a meeting of the authority. The director	3569
shall make the appointment in writing. In the absence of the	3570
director from a meeting of the authority, the appointed substitute	3571
shall serve as chairperson. In the absence of both the director	3572
and the director's substitute from a meeting, the vice-chairperson	3573
shall serve as chairperson.	3574

(N) For purposes of the credits granted by this section	3575
against the taxes imposed under sections 5725.18 and 5729.03 of	3576
the Revised Code, "taxable year" means the period covered by the	3577
taxpayer's annual statement to the superintendent of insurance.	3578

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

3579

(1) "Capital investment project" means a plan of investment	3580
at a project site for the acquisition, construction, renovation,	3581
or repair of buildings, machinery, or equipment, or for	3582
capitalized costs of basic research and new product development	3583
determined in accordance with generally accepted accounting	3584
principles, but does not include any of the following:	3585

(a) Payments made for the acquisition of personal property	3586
through operating leases;	3587

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

3588

(c) Payments made to a related member as defined in section	3589
5733.042 of the Revised Code or to an ~~elected~~ consolidated elected	3590
taxpayer or a combined taxpayer as defined in section 5751.01 of	3591
the Revised Code.	3592

(2) "Eligible business" means a ~~business~~taxpayer and its	3593
related members with Ohio operations satisfying all of the	3594
following:	3595

(a) ~~Employed an average of at least one thousand employees in~~	3596
~~full-time employment positions at a project site during each of~~	3597
~~the twelve months preceding the application for a tax credit under~~	3598
~~this section; and~~	3599

~~(b) On or after January 1, 2002, has made or has caused to be~~	3600
~~made payments for the capital investment project, including~~	3601
~~payments made by an unrelated third party entity as a result of a~~	3602
~~lease of not less than twenty years in term, of either of the~~	3603
~~following:~~	3604

~~(i) At least two hundred~~The taxpayer employs at least five	3605
hundred full-time equivalent employees at the time the tax credit	3606
authority grants the tax credit under this section;	3607

(b) The taxpayer makes or causes to be made payments for the	3608
capital investment project of either of the following:	3609

(i) If the taxpayer is engaged at the project site primarily	3610
as a manufacturer, at least fifty million dollars in the aggregate	3611
at the project site during a period of three consecutive calendar	3612
years, including the calendar year that includes a day of the	3613
taxpayer's taxable year or tax period with respect to which the	3614
credit is granted;	3615

(ii) If the ~~average wage of all full-time employment~~	3616
~~positions at the project site is greater than four hundred per~~	3617
~~cent of the federal minimum wage, at least one hundred~~taxpayer is	3618
engaged at the project site primarily in significant corporate	3619
administrative functions, as defined by the director of	3620
development by rule, at least twenty million dollars in the	3621
aggregate at the project site during a period of three	3622
consecutive calendar years including the calendar year that	3623
includes a day of the taxpayer's taxable year or tax period with	3624
respect to which the credit is granted.	3625

(c) ~~Is engaged at the project site primarily as a~~	3626
~~manufacturer or is providing significant corporate administrative~~	3627
~~functions. If the investment under division (A)(2)(b) of this~~	3628
~~section was made by a third party entity as a result of a lease of~~	3629
~~not less than twenty years in term, the project must include~~	3630
~~headquarters operations that are part of a mixed use development~~	3631
~~that includes at least two of the following: office, hotel,~~	3632
~~research and development, or retail facilities.~~	3633

~~(d) Has~~The taxpayer had a capital investment project	3634
reviewed and approved by the tax credit authority as provided in	3635
divisions (C), (D), and (E) of this section.	3636

(3) "Full-time ~~employment position" means a position of~~	3637
~~employment for consideration for at least an average of~~	3638
~~thirty-five hours a week that has been filled for at least one~~	3639
~~hundred eighty days immediately preceding the filing of an~~	3640
~~application under this section and for at least one hundred eighty~~	3641
~~days during each taxable year or each calendar year that includes~~	3642
~~a tax period with respect to which the credit is granted, or is~~	3643
~~employed in such position for consideration for such time, but is~~	3644
~~on active duty reserve or Ohio national guard service~~equivalent	3645
employees" means the quotient obtained by dividing the total	3646
number of hours for which employees were compensated for	3647
employment in the project by two thousand eighty. "Full-time	3648
equivalent employees" shall exclude hours that are counted for a	3649
credit under section 122.17 of the Revised Code.	3650

(4) "Income tax revenue" means the total amount withheld	3651
under section 5747.06 of the Revised Code by the taxpayer during	3652
the taxable year, or during the calendar year that includes the	3653
tax period, from the compensation of all employees employed in the	3654
project whose hours of compensation are included in calculating	3655
the number of full-time equivalent employees.	3656

~~(4)~~(5) "Manufacturer" has the same meaning as in section	3657
5739.011 of the Revised Code.	3658

~~(5)~~(6) "Project site" means an integrated complex of	3659
facilities in this state, as specified by the tax credit authority	3660
under this section, within a fifteen-mile radius where a taxpayer	3661
is primarily operating as an eligible business.	3662

~~(6) "Applicable corporation" means a corporation satisfying~~	3663
~~all of the following:~~	3664

~~(a)(i) For the entire taxable year immediately preceding the~~	3665
~~tax year, the corporation develops software applications primarily~~	3666
~~to provide telecommunication billing and information services~~	3667
~~through outsourcing or licensing to domestic or international~~	3668
~~customers.~~	3669

~~(ii) Sales and licensing of software generated at least six~~	3670
~~hundred million dollars in revenue during the taxable year~~	3671
~~immediately preceding the tax year the corporation is first~~	3672
~~entitled to claim the credit provided under division (B) of this~~	3673
~~section.~~	3674

~~(b) For the entire taxable year immediately preceding the tax~~	3675
~~year, the corporation or one or more of its related members~~	3676
~~provides customer or employee care and technical support for~~	3677
~~clients through one or more contact centers within this state, and~~	3678
~~the corporation and its related members together have a daily~~	3679
~~average, based on a three-hundred-sixty-five-day year, of at least~~	3680
~~five hundred thousand successful customer contacts through one or~~	3681
~~more of their contact centers, wherever located.~~	3682

~~(c) The corporation is eligible for the credit under division~~	3683
~~(B) of this section for the tax year.~~	3684

(7) "Related member" has the same meaning as in section	3685
5733.042 of the Revised Code as that section existed on the	3686
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	3687
general assembly, September 29, 1997.	3688

(8) ~~"Successful customer contact" means a contact with an end~~	3689
~~user via telephone, including interactive voice recognition or~~	3690
~~similar means, where the contact culminates in a conversation or~~	3691
~~connection other than a busy signal or equipment busy.~~	3692

~~(9) "Telecommunications" means all forms of~~	3693
~~telecommunications service as defined in section 5739.01 of the~~	3694
~~Revised Code, and includes services in wireless, wireline, cable,~~	3695
~~broadband, internet protocol, and satellite.~~	3696

~~(10)(a) "Applicable difference" means the difference between~~	3697
~~the tax for the tax year under Chapter 5733. of the Revised Code~~	3698
~~applying the law in effect for that tax year, and the tax for that~~	3699
~~tax year if section 5733.042 of the Revised Code applied as that~~	3700
~~section existed on the effective date of its amendment by Am. Sub.~~	3701
~~H.B. 215 of the 122nd general assembly, September 29, 1997,~~	3702
~~subject to division (A)(10)(b) of this section.~~	3703

~~(b) If the tax rate set forth in division (B) of section~~	3704
~~5733.06 of the Revised Code for the tax year is less than eight~~	3705
~~and one-half per cent, the tax calculated under division~~	3706
~~(A)(10)(a) of this section shall be computed by substituting a tax~~	3707
~~rate of eight and one-half per cent for the rate set forth in~~	3708
~~division (B) of section 5733.06 of the Revised Code for the tax~~	3709
~~year.~~	3710

~~(c) If the resulting difference is negative, the applicable~~	3711
~~tax difference for the tax year shall be zero~~"Taxable year"	3712
includes, in the case of a domestic or foreign insurance company,	3713
the calendar year ending on the thirty-first day of December	3714
preceding the day the annual statement is required to be returned	3715
under section 5725.18 or 5729.02 of the Revised Code.	3716

(B) The tax credit authority created under section 122.17 of	3717
the Revised Code may grant tax credits under this section for the	3718
purpose of fostering job retention in this state. Upon application	3719
by an eligible business and upon consideration of the	3720
recommendation of the director of budget and management, tax	3721
commissioner, and director of development under division (C) of	3722
this section, the tax credit authority may grant to an eligible	3723
business a nonrefundable credit against the tax imposed by section	3724
5725.18, 5729.03, 5733.06, or 5747.02 of the Revised Code for a	3725
period up to fifteen taxable years and against the tax levied by	3726
Chapter 5751. of the Revised Code for a period of up to fifteen	3727
calendar years ~~provided, however, that if the project site is~~	3728
~~leased, the term of the tax credit cannot exceed the lesser of~~	3729
~~fifteen years or one-half the term of the lease, including any~~	3730
~~permitted renewal periods. The credit shall be in an amount not~~	3731
~~exceeding seventy-five per cent of the Ohio income tax withheld~~	3732
~~from the employees of the eligible business occupying full-time~~	3733
~~employment positions at the project site during the calendar year~~	3734
~~that includes the last day of such business' taxable year or tax~~	3735
~~period with respect to which the credit is granted. The amount of~~	3736
~~the credit shall not be based on the Ohio income tax withheld~~	3737
~~from full-time employees for a calendar year prior to the~~	3738
~~calendar year in which the minimum investment requirement~~	3739
~~referred to in division (A)(2)(b) of this section is completed~~.	3740
The credit amount for a taxable year or a calendar year that	3741
includes the tax period for which a credit may be claimed equals	3742
the income tax revenue for that year multiplied by the percentage	3743
specified in the agreement with the tax credit authority. The	3744
percentage may not exceed seventy-five per cent. The credit shall	3745
be claimed in the order required under section 5725.98, 5729.98,	3746
5733.98, or 5747.98 of the Revised Code. In determining the	3747
percentage and term of the credit, the tax credit authority shall	3748
consider both the number of full-time equivalent employees and the	3749
value of the capital investment project. The credit amount may not	3750
be based on the income tax revenue for a calendar year before the	3751
calendar year in which the tax credit authority specifies the tax	3752
credit is to begin, and the credit shall be claimed only for the	3753
taxable years or tax periods specified in the eligible business'	3754
agreement with the tax credit authority ~~under division (E) of this~~	3755
~~section, but in~~. In no event shall the credit be claimed for a	3756
taxable year or tax period terminating before the date specified	3757
in the agreement. Any credit granted under this section against	3758
the tax imposed by section 5733.06 or 5747.02 of the Revised	3759
Code, to the extent not fully utilized against such tax for	3760
taxable years ending prior to 2008, shall automatically be	3761
converted without any action taken by the tax credit authority to	3762
a credit against the tax levied under Chapter 5751. of the	3763
Revised Code for tax periods beginning on or after July 1, 2008,	3764
provided that the person to whom the credit was granted is	3765
subject to such tax. The converted credit shall apply to those	3766
calendar years in which the remaining taxable years specified in	3767
the agreement end.	3768

~~The credit computed under this division is in addition to any~~	3769
~~credit allowed under division (M) of this section, which the tax~~	3770
~~credit authority may also include in the agreement.~~	3771

Any unused portion of a tax credit may be carried forward for	3772
not more than three additional years after the year for which the	3773
credit is granted.	3774

(C) A taxpayer that proposes a capital investment project to	3775
retain jobs in this state may apply to the tax credit authority to	3776
enter into an agreement for a tax credit under this section. The	3777
director of development shall prescribe the form of the	3778
application. After receipt of an application, the authority shall	3779
forward copies of the application to the director of budget and	3780
management, the tax commissioner, and the director of development,	3781
each of whom shall review the application to determine the	3782
economic impact the proposed project would have on the state and	3783
the affected political subdivisions and shall submit a summary of	3784
their determinations and recommendations to the authority.	3785

(D) Upon review of the determinations and recommendations	3786
described in division (C) of this section, the tax credit	3787
authority may enter into an agreement with the taxpayer for a	3788
credit under this section if the authority determines all of the	3789
following:	3790

(1) The taxpayer's capital investment project will result in	3791
the retention of ~~full-time~~ employment ~~positions~~ in this state.	3792

(2) The taxpayer is economically sound and has the ability to	3793
complete the proposed capital investment project.	3794

(3) The taxpayer intends to and has the ability to maintain	3795
operations at the project site for at least the greater of (a)	3796
the term of the credit plus three years, or (b) seven years.	3797

(4) Receiving the credit is a major factor in the taxpayer's	3798
decision to begin, continue with, or complete the project.	3799

~~(5) The political subdivisions in which the project is~~	3800
~~located have agreed to provide substantial financial support to~~	3801
~~the project.~~	3802

(E) An agreement under this section shall include all of the	3803
following:	3804

(1) A detailed description of the project that is the subject	3805
of the agreement, including the amount of the investment, the	3806
period over which the investment has been or is being made, ~~and~~	3807
the number of full-time ~~employment positions~~equivalent employees	3808
at the project site.	3809

~~(2) The method of calculating the number of full-time~~	3810
~~employment positions as specified in division (A)(3) of this~~	3811
~~section.~~	3812

~~(3) The term and percentage of the tax credit, and the first~~	3813
~~year for which the credit may be claimed.~~	3814

~~(4)~~, and the anticipated income tax revenue to be generated.

3815

(2) The term of the credit, the percentage of the tax credit,	3816
the maximum annual value of tax credits that may be allowed each	3817
year, and the first year for which the credit may be claimed.	3818

(3) A requirement that the taxpayer maintain operations at	3819
the project site for at least the greater of (a) the term of the	3820
credit plus three years, or (b) seven years.	3821

~~(5)~~(4) A requirement that the taxpayer retain a specified	3822
number of ~~full-time employment positions~~full-time equivalent	3823
employees at the project site and within this state for the term	3824
of the credit, including a requirement that the taxpayer continue	3825
to employ at least ~~one thousand employees in full-time employment~~	3826
~~positions at the project site during the entire term of any~~	3827
~~agreement, subject to division (E)(7) of this section.~~	3828

~~(6)~~five hundred full-time equivalent employees during the	3829
entire term of the agreement.	3830

(5) A requirement that the taxpayer annually report to the	3831
director of development ~~the number of full-time employment~~	3832
~~positions subject to the credit, the amount of tax withheld from~~	3833
~~employees in those positions, the amount of the payments made for~~	3834
~~the~~employment, tax withholding, capital investment ~~project~~, and	3835
~~any~~ other information the director needs to perform the director's	3836
duties under this section.	3837

~~(7)~~(6) A requirement that the director of development	3838
annually review the annual reports of the taxpayer to verify the	3839
information reported under division (E)~~(6)~~(5) of this section and	3840
compliance with the agreement. Upon verification, the director	3841
shall issue a certificate to the taxpayer stating that the	3842
information has been verified and identifying the amount of the	3843
credit for the taxable year or calendar year that includes the tax	3844
period. ~~Unless otherwise specified by the tax credit authority in~~	3845
~~a resolution and included as part of the agreement, the director~~	3846
~~shall not issue a certificate for any year in which the total~~	3847
~~number of filled full-time employment positions for each day of~~	3848
~~the calendar year divided by three hundred sixty-five is less~~	3849
~~than ninety per cent of the full-time employment positions~~	3850
~~specified in division (E)(5) of this section.~~ In determining the	3851
number of full-time ~~employment positions~~equivalent employees, no	3852
position shall be counted that is filled by an employee who is	3853
included in the calculation of a tax credit under section 122.17	3854
of the Revised Code.	3855

~~(8)(a) A provision requiring that the taxpayer, except as~~	3856
~~otherwise provided in division (E)(8)(b) of this section, shall~~	3857
~~not relocate employment positions from elsewhere in this state to~~	3858
~~the project site that is the subject of the agreement for the~~	3859
~~lesser of five years from the date the agreement is entered into~~	3860
~~or the number of years the taxpayer is entitled to claim the~~	3861
~~credit.~~	3862

~~(b) The taxpayer may relocate employment positions from~~	3863
~~elsewhere in this state to the project site that is the subject of~~	3864
~~the agreement if the director of development determines both of~~	3865
~~the following:~~	3866

~~(i) That the site from which the employment positions would~~	3867
~~be relocated is inadequate to meet market and industry~~	3868
~~conditions, expansion plans, consolidation plans, or other~~	3869
~~business considerations affecting the taxpayer;~~	3870

~~(ii) That~~(7) A provision providing that the taxpayer may not	3871
relocate a substantial number of employment positions from	3872
elsewhere in this state to the project site unless the director	3873
of development determines that the taxpayer notified the	3874
legislative authority of the county, township, or municipal	3875
corporation from which the employment positions would be	3876
relocated ~~has been notified of the relocation~~.	3877

For purposes of this section, the movement of an employment	3878
position from one political subdivision to another political	3879
subdivision shall be considered a relocation of an employment	3880
position unless the movement is confined to the project site. The	3881
transfer of an ~~individual employee~~employment position from one	3882
political subdivision to another political subdivision shall not	3883
be considered a relocation of an employment position ~~as long as~~	3884
~~the individual's employment position in the first political~~	3885
~~subdivision is refilled.~~	3886

~~(9)~~if the employment position in the first political	3887
subdivision is replaced by another employment position.	3888

(8) A waiver by the taxpayer of any limitations periods	3889
relating to assessments or adjustments resulting from the	3890
taxpayer's failure to comply with the agreement.	3891

(F) If a taxpayer fails to meet or comply with any condition	3892
or requirement set forth in a tax credit agreement, the tax credit	3893
authority may amend the agreement to reduce the percentage or term	3894
of the credit. The reduction of the percentage or term ~~shall take~~	3895
~~effect (1) in the taxable year immediately following the taxable~~	3896
~~year in which the authority amends the agreement or the director~~	3897
~~of development notifies the taxpayer in writing of such failure,~~	3898
~~or (2) in the first tax period beginning in the calendar year~~	3899
~~immediately following the calendar year in which the authority~~	3900
~~amends the agreement or the director notifies the taxpayer in~~	3901
~~writing of such failure. If the taxpayer fails to annually report~~	3902
~~any of the information required by division (E)(6) of this section~~	3903
~~within the time required by the director, the reduction of the~~	3904
~~percentage or term may take effect in the current taxable year. If~~	3905
~~the taxpayer relocates employment positions in violation of the~~	3906
~~provision required under division (E)(8)(a) of this section, the~~	3907
~~taxpayer shall not claim the tax credit under section 5733.0610~~	3908
~~of the Revised Code for any tax years following the calendar~~	3909
~~year in which the relocation occurs, shall not claim the tax~~	3910
~~credit under section 5747.058 of the Revised Code for the~~	3911
~~taxable year in which the relocation occurs and any subsequent~~	3912
~~taxable years, and shall not claim the tax credit under~~	3913
~~division (A) of section 5751.50 of the Revised Code for the tax~~	3914
~~period in which the relocation occurs and any subsequent tax~~	3915
~~periods~~may take effect in the current taxable or calendar year.	3916

(G) Financial statements and other information submitted to	3917
the department of development or the tax credit authority by an	3918
applicant for or recipient of a tax credit under this section, and	3919
any information taken for any purpose from such statements or	3920
information, are not public records subject to section 149.43 of	3921
the Revised Code. However, the chairperson of the authority may	3922
make use of the statements and other information for purposes of	3923
issuing public reports or in connection with court proceedings	3924
concerning tax credit agreements under this section. Upon the	3925
request of the tax commissioner, the chairperson of the authority	3926
shall provide to the commissioner any statement or other	3927
information submitted by an applicant for or recipient of a tax	3928
credit in connection with the credit. The commissioner shall	3929
preserve the confidentiality of the statement or other	3930
information.	3931

(H) A taxpayer claiming a tax credit under this section shall	3932
submit to the tax commissioner or, in the case of an insurance	3933
company, to the superintendent of insurance, a copy of the	3934
director of development's certificate of verification under	3935
division (E)~~(7)~~(6) of this section with the taxpayer's tax report	3936
or return for the taxable year or for the calendar year that	3937
includes the tax period. Failure to submit a copy of the	3938
certificate with the report or return does not invalidate a claim	3939
for a credit if the taxpayer submits a copy of the certificate to	3940
the commissioner within sixty days after the commissioner or	3941
superintendent requests it.	3942

(I) For the purposes of this section, a taxpayer may include	3943
a partnership, a corporation that has made an election under	3944
subchapter S of chapter one of subtitle A of the Internal Revenue	3945
Code, or any other business entity through which income flows as a	3946
distributive share to its owners. A partnership, S-corporation, or	3947
other such business entity may elect to pass the credit received	3948
under this section through to the persons to whom the income or	3949
profit of the partnership, S-corporation, or other entity is	3950
distributed. The election shall be made on the annual report	3951
required under division (E)~~(6)~~(5) of this section. The election	3952
applies to and is irrevocable for the credit for which the report	3953
is submitted. If the election is made, the credit shall be	3954
apportioned among those persons in the same proportions as those	3955
in which the income or profit is distributed.	3956

(J) If the director of development determines that a taxpayer	3957
that received a tax credit under this section is not complying	3958
with the requirement under division (E)~~(4)~~(3) of this section, the	3959
director shall notify the tax credit authority of the	3960
noncompliance. After receiving such a notice, and after giving the	3961
taxpayer an opportunity to explain the noncompliance, the	3962
authority may terminate the agreement and require the taxpayer to	3963
refund to the state all or a portion of the credit claimed in	3964
previous years, as follows:	3965

(1) If the taxpayer maintained operations at the project site	3966
for less than or equal to the term of the credit, ~~the amount~~	3967
~~required to be refunded shall not exceed the amount~~an amount not	3968
to exceed one hundred per cent of the sum of any tax credits	3969
~~previously~~ allowed and received under this section.	3970

(2) If the taxpayer maintained operations at the project site	3971
longer than the term of the credit, but less than the greater of	3972
(a) the term of the credit plus three years, or (b) seven years,	3973
the amount required to be refunded shall not exceed fifty per	3974
cent of the sum of any tax credits ~~previously~~ allowed and	3975
received under this section.	3976

In determining the portion of the credit to be refunded to	3977
this state, the authority shall consider the effect of market	3978
conditions on the taxpayer's project and whether the taxpayer	3979
continues to maintain other operations in this state. After making	3980
the determination, the authority shall certify the amount to be	3981
refunded to the tax commissioner~~. The~~or the superintendent of	3982
insurance. If the taxpayer is not an insurance company, the	3983
commissioner shall make an assessment for that amount against the	3984
taxpayer under Chapter 5733., 5747., or 5751. of the Revised	3985
Code. If the taxpayer is an insurance company, the superintendent	3986
of insurance shall make an assessment under section 5725.222 or	3987
5729.102 of the Revised Code. The time limitations on assessments	3988
under those chapters and sections do not apply to an assessment	3989
under this division, but the commissioner or superintendent shall	3990
make the assessment within one year after the date the authority	3991
certifies to the commissioner or superintendent the amount to be	3992
refunded.	3993

~~If the director of development determines that a taxpayer~~	3994
~~that received a tax credit under this section has reduced the~~	3995
~~number of employees agreed to under division (E)(5) of this~~	3996
~~section by more than ten per cent, the director shall notify the~~	3997
~~tax credit authority of the noncompliance. After receiving such~~	3998
~~notice, and after providing the taxpayer an opportunity to explain~~	3999
~~the noncompliance, the authority may amend the agreement to reduce~~	4000
~~the percentage or term of the tax credit. The reduction in the~~	4001
~~percentage or term shall take effect in the taxable year, or in~~	4002
~~the calendar year that includes the tax period, in which the~~	4003
~~authority amends the agreement.~~	4004

(K) The director of development, after consultation with the	4005
tax commissioner and in accordance with Chapter 119. of the	4006
Revised Code, shall adopt rules necessary to implement this	4007
section. The rules may provide for recipients of tax credits under	4008
this section to be charged fees to cover administrative costs of	4009
the tax credit program. The fees collected shall be credited to	4010
the tax incentive programs operating fund created in section	4011
122.174 of the Revised Code. At the time the director gives public	4012
notice under division (A) of section 119.03 of the Revised Code of	4013
the adoption of the rules, the director shall submit copies of the	4014
proposed rules to the chairpersons of the standing committees on	4015
economic development in the senate and the house of	4016
representatives.	4017

(L) On or before the ~~thirty-first~~first day of ~~March~~August	4018
of each year, the director of development shall submit a report to	4019
the governor, the president of the senate, and the speaker of the	4020
house of representatives on the tax credit program under this	4021
section. The report shall include information on the number of	4022
agreements that were entered into under this section during the	4023
preceding calendar year, a description of the project that is the	4024
subject of each such agreement, and an update on the status of	4025
projects under agreements entered into before the preceding	4026
calendar year.	4027

(M)~~(1) A nonrefundable credit shall be allowed to an~~	4028
~~applicable corporation and its related members in an amount equal~~	4029
~~to the applicable difference. The credit is in addition to the~~	4030
~~credit granted to the corporation or related members under~~	4031
~~division (B) of this section. The credit is subject to divisions~~	4032
~~(B) to (E) and division (J) of this section.~~	4033

~~(2) A person qualifying as an applicable corporation under~~	4034
~~this section for a tax year does not necessarily qualify as an~~	4035
~~applicable corporation for any other tax year. No person is~~	4036
~~entitled to the credit allowed under division (M) of this section~~	4037
~~for the tax year immediately following the taxable year during~~	4038
~~which the person fails to meet the requirements in divisions~~	4039
~~(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled~~	4040
~~to the credit allowed under division (M) of this section for any~~	4041
~~tax year for which the person is not eligible for the credit~~	4042
~~provided under division (B) of this section.~~The aggregate amount	4043
of tax credits issued under this section during any calendar year	4044
for capital investment projects reviewed and approved by the tax	4045
credit authority may not exceed the following amounts:	4046

(1) For 2010, thirteen million dollars;

4047

(2) For 2011 through 2023, the amount of the limit for the	4048
preceding calendar year plus thirteen million dollars;	4049

(3) For 2024 and each year thereafter, one hundred	4050
ninety-five million dollars.	4051

The foregoing annual limitations do not apply to credits for	4052
capital investment projects approved by the tax credit authority	4053
before July 1, 2009.	4054

Sec. 122.40. (A) There is hereby created the development	4055
financing advisory council to assist in carrying out the programs	4056
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	4057
the Revised Code.	4058

(B) The council shall consist of ~~seven~~eight members	4059
appointed by the governor, with the advice and consent of the	4060
senate, who are selected for their knowledge of and experience in	4061
economic development financing, one member of the senate appointed	4062
by the president of the senate, one member of the house of	4063
representatives appointed by the speaker of the house of	4064
representatives, and the director of development or the director's	4065
designee. With respect to the council:	4066

(1) No more than four members of the council appointed by the	4067
governor shall be members of the same political party.	4068

(2) Each member shall hold office from the date of the	4069
member's appointment until the end of the term for which the	4070
member was appointed.	4071

(3) The terms of office for the ~~seven~~eight members appointed	4072
by the governor shall be for five years commencing on the first	4073
day of January and ending on the thirty-first day of December. The	4074
~~seven~~ members appointed by the governor who are serving terms of	4075
office of seven years on December 30, 2004, shall continue to	4076
serve those terms, but their successors in office, including the	4077
filling of a vacancy occurring prior to the expiration of those	4078
terms, shall be appointed for terms of five years in accordance	4079
with this division.	4080

(4) Any member of the council is eligible for reappointment.

4081

(5) As a term of a member of the council appointed by the	4082
governor expires, the governor shall appoint a successor with the	4083
advice and consent of the senate.	4084

(6) Except as otherwise provided in division (B)(3) of this	4085
section, any member appointed to fill a vacancy occurring prior to	4086
the expiration of the term for which the member's predecessor was	4087
appointed shall hold office for the remainder of the predecessor's	4088
term.	4089

(7) Any member shall continue in office subsequent to the	4090
expiration date of the member's term until the member's successor	4091
takes office, or until a period of sixty days has elapsed,	4092
whichever occurs first.	4093

(8) Before entering upon duties as a member of the council,	4094
each member shall take an oath provided by Section 7 of Article	4095
XV, Ohio Constitution.	4096

(9) The governor may, at any time, remove any nonlegislative	4097
member pursuant to section 3.04 of the Revised Code.	4098

(10) Members of the council, notwithstanding section 101.26	4099
of the Revised Code with respect to members who are members of the	4100
general assembly, shall receive their necessary and actual	4101
expenses while engaged in the business of the council and shall be	4102
paid at the per diem rate of step 1, pay range 31, of section	4103
124.15 of the Revised Code.	4104

(11) Six members of the council constitute a quorum and the	4105
affirmative vote of ~~six~~a majority of members present at a meeting	4106
of the council where a quorum is present is necessary for any	4107
action taken by the council.	4108

(12) In the event of the absence of a member appointed by the	4109
president of the senate or by the speaker of the house of	4110
representatives, the following persons may serve in the member's	4111
absence: the president of the senate or the speaker of the house,	4112
as the case may be, or a member of the senate or of the house of	4113
representatives, of the same political party as the development	4114
financing advisory council member, designated by the president of	4115
the senate or the speaker of the house.	4116

Sec. 122.603. (A)(1) Upon approval by the director of	4117
development and after entering into a participation agreement with	4118
the department of development, a participating financial	4119
institution making a capital access loan shall establish a program	4120
reserve account. The account shall be an interest-bearing account	4121
and shall contain only moneys deposited into it under the program	4122
and the interest payable on the moneys in the account.	4123

(2) All interest payable on the moneys in the program reserve	4124
account shall be added to the moneys and held as an additional	4125
loss reserve. The director may require that a portion or all of	4126
the accrued interest so held in the account be released to the	4127
department. If the director causes a release of accrued interest,	4128
the director shall deposit the released amount into the capital	4129
access loan program fund created in section 122.601 of the Revised	4130
Code. The director shall not require the release of that accrued	4131
interest more than twice in a fiscal year.	4132

(B) When a participating financial institution makes a	4133
capital access loan, it shall require the eligible business to pay	4134
to the participating financial institution a fee in an amount that	4135
is not less than one and one-half per cent, and not more than	4136
three per cent, of the principal amount of the loan. The	4137
participating financial institution shall deposit the fee into its	4138
program reserve account, and it also shall deposit into the	4139
account an amount of its own funds equal to the amount of the fee.	4140
The participating financial institution may recover from the	4141
eligible business all or part of the amount that the participating	4142
financial institution is required to deposit into the account	4143
under this division in any manner agreed to by the participating	4144
financial institution and the eligible business.	4145

(C) For each capital access loan made by a participating	4146
financial institution, the participating financial institution	4147
shall certify to the director, within a period specified by the	4148
director, that the participating financial institution has made	4149
the loan. The certification shall include the amount of the loan,	4150
the amount of the fee received from the eligible business, the	4151
amount of its own funds that the participating financial	4152
institution deposited into its program reserve account to reflect	4153
that fee, and any other information specified by the director. The	4154
certification also shall indicate if the eligible business	4155
receiving the capital access loan is a minority business	4156
enterprise as defined in section 122.71 of the Revised Code.	4157

(D)(1)(a) Upon receipt of each of the first three	4158
certifications from a participating financial institution made	4159
under division (C) of this section and subject to section 122.602	4160
of the Revised Code, the director shall disburse to the	4161
participating financial institution from the capital access loan	4162
program fund an amount equal to fifty per cent of the principal	4163
amount of the particular capital access loan for deposit into the	4164
participating financial institution's program reserve account.	4165
Thereafter, upon receipt of a certification from that	4166
participating financial institution made under division (C) of	4167
this section and subject to section 122.602 of the Revised Code,	4168
the director shall disburse to the participating financial	4169
institution from the capital access loan program fund an amount	4170
equal to ten per cent of the principal amount of the particular	4171
capital access loan for deposit into the participating financial	4172
institution's program reserve account. ~~The~~	4173

(b) Notwithstanding division (D)(1)(a) of this section, and	4174
subject to section 122.602 of the Revised Code, upon receipt of	4175
any certification from a participating financial institution made	4176
under division (C) of this section with respect to a capital	4177
access loan made to an eligible business that is a minority	4178
business enterprise, the director shall disburse to the	4179
participating financial institution from the capital access loan	4180
program fund an amount equal to eighty per cent of the principal	4181
amount of the particular capital access loan for deposit into the	4182
participating financial institution's program reserve account.	4183

(2) The disbursement of moneys from the fund to a	4184
participating financial institution does not require approval from	4185
the controlling board.	4186

(E) If the amount in a program reserve account exceeds an	4187
amount equal to thirty-three per cent of a participating financial	4188
institution's outstanding capital access loans, the department may	4189
cause the withdrawal of the excess amount and the deposit of the	4190
withdrawn amount into the capital access loan program fund.	4191

(F)(1) The department may cause the withdrawal of the total	4192
amount in a participating financial institution's program reserve	4193
account if any of the following applies:	4194

(a) The financial institution is no longer eligible to	4195
participate in the program.	4196

(b) The participation agreement expires without renewal by	4197
the department or the financial institution.	4198

(c) The financial institution has no outstanding capital	4199
access loans.	4200

(d) The financial institution has not made a capital access	4201
loan within the preceding twenty-four months.	4202

(2) If the department causes a withdrawal under division	4203
(F)(1) of this section, the department shall deposit the withdrawn	4204
amount into the capital access loan program fund.	4205

Sec. 122.71. As used in sections 122.71 to 122.83 of the	4206
Revised Code:	4207

(A) "Financial institution" means any banking corporation,	4208
trust company, insurance company, savings and loan association,	4209
building and loan association, or corporation, partnership,	4210
federal lending agency, foundation, or other institution engaged	4211
in lending or investing funds for industrial or business purposes.	4212

(B) "Project" means any real or personal property connected	4213
with or being a part of an industrial, distribution, commercial,	4214
or research facility to be acquired, constructed, reconstructed,	4215
enlarged, improved, furnished, or equipped, or any combination	4216
thereof, with the aid provided under sections 122.71 to 122.83 of	4217
the Revised Code, for industrial, commercial, distribution, and	4218
research development of the state.	4219

(C) "Mortgage" means the lien imposed on a project by a	4220
mortgage on real property, or by financing statements on personal	4221
property, or a combination of a mortgage and financing statements	4222
when a project consists of both real and personal property.	4223

(D) "Mortgagor" means the principal user of a project or the	4224
person, corporation, partnership, or association unconditionally	4225
guaranteeing performance by the principal user of its obligations	4226
under the mortgage.	4227

(E)(1) "Minority business enterprise" means an individual who	4228
is a United States citizen and owns and controls a business, or a	4229
partnership, corporation, or joint venture of any kind that is	4230
owned and controlled by United States citizens, which citizen or	4231
citizens are residents of this state and are members of one of the	4232
following economically disadvantaged groups: Blacks or African	4233
Americans, American Indians, Hispanics or Latinos, and Asians.	4234

(2) "Owned and controlled" means that at least fifty-one per	4235
cent of the business, including corporate stock if a corporation,	4236
is owned by persons who belong to one or more of the groups set	4237
forth in division (E)(1) of this section, and that those owners	4238
have control over the management and day-to-day operations of the	4239
business and an interest in the capital, assets, and profits and	4240
losses of the business proportionate to their percentage of	4241
ownership. In order to qualify as a minority business enterprise,	4242
a business shall have been owned and controlled by those persons	4243
at least one year prior to being awarded a contract pursuant to	4244
this section.	4245

(F) "Community improvement corporation" means a corporation	4246
organized under Chapter 1724. of the Revised Code.	4247

(G) "Ohio development corporation" means a corporation	4248
organized under Chapter 1726. of the Revised Code.	4249

(H) "Minority contractors business assistance organization"	4250
means an entity engaged in the provision of management and	4251
technical business assistance to minority business enterprise	4252
entrepreneurs.	4253

(I) "Minority business supplier development council" means a	4254
nonprofit organization established as an affiliate of the national	4255
minority supplier development council.	4256

(J) "Regional economic development entity" means an entity	4257
that is under contract with the director of development to	4258
administer a loan program under this chapter in a particular area	4259
of the state.	4260

(K) "Community development corporation" means a corporation	4261
organized under Chapter 1702. of the Revised Code that consists of	4262
residents of the community and business and civic leaders and that	4263
has as a principal purpose one or more of the following: the	4264
revitalization and development of a low- to moderate-income	4265
neighborhood or community; the creation of jobs for low- to	4266
moderate-income residents; the development of commercial	4267
facilities and services; providing training, technical assistance,	4268
and financial assistance to small businesses; and planning,	4269
developing, or managing low-income housing or other community	4270
development activities.	4271

Sec. 122.751. The minority development financing advisory	4272
board or a regional economic development entity shall only	4273
consider an application for a loan from any applicant after a	4274
determination that the applicant is a community development	4275
corporation, or after a certification by the equal employment	4276
opportunity coordinator of the department of administrative	4277
services under division (B)(1) of section 123.151 of the Revised	4278
Code that the applicant is a minority business enterprise, or	4279
after a certification by the minority business supplier	4280
development council that the applicant is a minority business, and	4281
that the applicant satisfies all criteria regarding eligibility	4282
for assistance pursuant to section 122.76 of the Revised Code.	4283

Sec. 122.76. (A) The director of development, with	4284
controlling board approval, may lend funds to minority business	4285
enterprises and to community improvement corporations, Ohio	4286
development corporations, minority contractors business assistance	4287
organizations, and minority business supplier development councils	4288
for the purpose of loaning funds to minority business enterprises	4289
and for the purpose of procuring or improving real or personal	4290
property, or both, for the establishment, location, or expansion	4291
of industrial, distribution, commercial, or research facilities in	4292
the state, and to community development corporations that	4293
predominantly benefit minority business enterprises or are located	4294
in a census tract that has a population that is sixty per cent or	4295
more minority if the director determines, in the director's sole	4296
discretion, that all of the following apply:	4297

(1) The project is economically sound and will benefit the	4298
people of the state by increasing opportunities for employment, by	4299
strengthening the economy of the state, or expanding minority	4300
business enterprises.	4301

(2) The proposed minority business enterprise borrower is	4302
unable to finance the proposed project through ordinary financial	4303
channels at comparable terms.	4304

(3) The value of the project is or, upon completion, will be	4305
at least equal to the total amount of the money expended in the	4306
procurement or improvement of the project, and one or more	4307
financial institutions or other governmental entities have loaned	4308
not less than thirty per cent of that amount.	4309

(4) The amount to be loaned by the director will not exceed	4310
sixty per cent of the total amount expended in the procurement or	4311
improvement of the project.	4312

(5) The amount to be loaned by the director will be	4313
adequately secured by a first or second mortgage upon the project	4314
or by mortgages, leases, liens, assignments, or pledges on or of	4315
other property or contracts as the director requires, and such	4316
mortgage will not be subordinate to any other liens or mortgages	4317
except the liens securing loans or investments made by financial	4318
institutions referred to in division (A)(3) of this section, and	4319
the liens securing loans previously made by any financial	4320
institution in connection with the procurement or expansion of all	4321
or part of a project.	4322

(B) Any proposed minority business enterprise borrower	4323
submitting an application for assistance under this section shall	4324
not have defaulted on a previous loan from the director, and no	4325
full or limited partner, major shareholder, or holder of an equity	4326
interest of the proposed minority business enterprise borrower	4327
shall have defaulted on a loan from the director.	4328

(C) The proposed minority business enterprise borrower shall	4329
demonstrate to the satisfaction of the director that it is able to	4330
successfully compete in the private sector if it obtains the	4331
necessary financial, technical, or managerial support and that	4332
support is available through the director, the minority business	4333
development office of the department of development, or other	4334
identified and acceptable sources. In determining whether a	4335
minority business enterprise borrower will be able to successfully	4336
compete, the director may give consideration to such factors as	4337
the successful completion of or participation in courses of study,	4338
recognized by the board of regents as providing financial,	4339
technical, or managerial skills related to the operation of the	4340
business, by the economically disadvantaged individual, owner, or	4341
partner, and the prior success of the individual, owner, or	4342
partner in personal, career, or business activities, as well as to	4343
other factors identified by the director.	4344

(D) The director shall not lend funds for the purpose of	4345
procuring or improving motor vehicles or accounts receivable.	4346

Sec. 122.85. (A) As used in this section and in sections	4347
5733.59 and 5747.66 of the Revised Code:	4348

(1) "Tax credit-eligible production" means a motion picture	4349
production certified by the director of development under division	4350
(B) of this section as qualifying the motion picture company for a	4351
tax credit under section 5733.59 or 5747.66 of the Revised Code.	4352

(2) "Certificate owner" means a motion picture company to	4353
which a tax credit certificate is issued.	4354

(3) "Motion picture company" means an individual,	4355
corporation, partnership, limited liability company, or other form	4356
of business association producing a motion picture.	4357

(4) "Eligible production expenditures" means expenditures	4358
made after the effective date of the enactment of this section by	4359
H.B. 1 of the 128th general assembly for goods or services	4360
purchased and consumed in this state by a motion picture company	4361
directly for the production of a tax credit-eligible production.	4362

"Eligible production expenditures" includes, but is not	4363
limited to, expenditures for resident and nonresident cast and	4364
crew wages, accommodations, costs of set construction and	4365
operations, editing and related services, photography, sound	4366
synchronization, lighting, wardrobe, makeup and accessories, film	4367
processing, transfer, sound mixing, special and visual effects,	4368
music, location fees, and the purchase or rental of facilities and	4369
equipment.	4370

(5) "Motion picture" means entertainment content created in	4371
whole or in part within this state for distribution or exhibition	4372
to the general public, including, but not limited to,	4373
feature-length films; documentaries; long-form, specials,	4374
miniseries, series, and interstitial television programming;	4375
interactive web sites; sound recordings; videos; music videos;	4376
interactive television; interactive games; videogames;	4377
commercials; any format of digital media; and any trailer, pilot,	4378
video teaser, or demo created primarily to stimulate the sale,	4379
marketing, promotion, or exploitation of future investment in	4380
either a product or a motion picture by any means and media in any	4381
digital media format, film, or videotape, provided the motion	4382
picture qualifies as a motion picture. "Motion picture" does not	4383
include any television program created primarily as news,	4384
weather, or financial market reports, a production featuring	4385
current events or sporting events, an awards show or other gala	4386
event, a production whose sole purpose is fundraising, a long-form	4387
production that primarily markets a product or service or in-house	4388
corporate advertising or other similar productions, a production	4389
for purposes of political advocacy, or any production for which	4390
records are required to be maintained under 18 U.S.C. 2257 with	4391
respect to sexually explicit content.	4392

(B) For the purpose of encouraging and developing a strong	4393
film industry in this state, the director of development may	4394
certify a motion picture produced by a motion picture company as	4395
a tax credit-eligible production. In the case of a television	4396
series, the director may certify the production of each episode	4397
of the series as a separate tax credit-eligible production. A	4398
motion picture company shall apply for certification of a motion	4399
picture as a tax credit-eligible production on a form and in the	4400
manner prescribed by the director. Each application shall	4401
include the following information:	4402

(1) The name and telephone number of the motion picture	4403
production company;	4404

(2) The name and telephone number of the company's contact	4405
person;	4406

(3) A list of the first preproduction date through the last	4407
production date in Ohio;	4408

(4) The Ohio production office address and telephone number;

4409

(5) The total production budget of the motion picture;

4410

(6) The total budgeted eligible production expenditures and	4411
the percentage that amount is of the total production budget of	4412
the motion picture;	4413

(7) The total percentage of the motion picture being shot in	4414
Ohio;	4415

(8) The level of employment of cast and crew who reside in	4416
Ohio;	4417

(9) A synopsis of the script;

4418

(10) The shooting script;

4419

(11) A creative elements list that includes the names of the	4420
principal cast and crew and the producer and director;	4421

(12) The motion picture's distribution plan, including	4422
domestic and international distribution, and sales estimates for	4423
the picture;	4424

(13) Documentation of financial ability to undertake and	4425
complete the motion picture;	4426

(14) Estimated value of the tax credit based upon total	4427
budgeted eligible production expenditures;	4428

(15) Any other information considered necessary by the	4429
director.	4430

Within ninety days after certification of a motion picture as	4431
a tax credit-eligible production, and any time thereafter upon the	4432
director's request, the motion picture company shall present to	4433
the director of development sufficient evidence of reviewable	4434
progress. If the motion picture company fails to present	4435
sufficient evidence, the director of development may rescind the	4436
certification. Upon rescission, the director shall notify the	4437
applicant that the certification has been rescinded. Nothing in	4438
this section prohibits an applicant whose tax credit-eligible	4439
production certification has been rescinded from submitting a	4440
subsequent application for certification.	4441

(C)(1) A motion picture company whose motion picture has been	4442
certified as a tax credit-eligible production may apply to the	4443
director of development on or after July 1, 2009, for a refundable	4444
credit against the tax imposed by section 5733.06 or 5747.02 of	4445
the Revised Code. The director in consultation with the tax	4446
commissioner shall prescribe the form and manner of the	4447
application and the information or documentation required to be	4448
submitted with the application.	4449

The credit is determined as follows:

4450

(a) If the total budgeted eligible production expenditures	4451
stated in the application submitted under division (B) of this	4452
section or the actual eligible production expenditures as finally	4453
determined under division (D) of this section, whichever is least,	4454
is less than or equal to three hundred thousand dollars, no	4455
credit is allowed;	4456

(b) If the total budgeted eligible production expenditures	4457
stated in the application submitted under division (B) of this	4458
section or the actual eligible production expenditures as finally	4459
determined under division (D) of this section, whichever is least,	4460
is greater than three hundred thousand dollars, the credit equals	4461
the sum of the following, subject to the limitation in division	4462
(C)(4) of this section:	4463

(i) Twenty-five per cent of the least of such budgeted or	4464
actual eligible expenditure amounts excluding budgeted or actual	4465
eligible expenditures for resident cast and crew wages;	4466

(ii) Thirty-five per cent of budgeted or actual eligible	4467
expenditures for resident cast and crew wages.	4468

(2) Except as provided in division (C)(4) of this section, if	4469
the director of development approves a motion picture company's	4470
application for a credit, the director shall issue a tax credit	4471
certificate to the company. The director in consultation with the	4472
tax commissioner shall prescribe the form and manner of issuing	4473
certificates. The director shall assign a unique identifying	4474
number to each tax credit certificate and shall record the	4475
certificate in a register devised and maintained by the director	4476
for that purpose. The certificate shall state the amount of the	4477
eligible production expenditures on which the credit is based and	4478
the amount of the credit. Upon the issuance of a certificate, the	4479
director shall certify to the tax commissioner the name of the	4480
applicant, the amount of eligible production expenditures shown on	4481
the certificate, and any other information required by the rules	4482
adopted to administer this section.	4483

(3) The amount of eligible production expenditures for which	4484
a tax credit may be claimed is subject to inspection and	4485
examination by the tax commissioner or employees of the	4486
commissioner under section 5703.19 of the Revised Code and any	4487
other applicable law. Once the eligible production expenditures	4488
are finally determined under section 5703.19 of the Revised Code	4489
and division (D) of this section, the credit amount is not subject	4490
to adjustment unless the director determines an error was	4491
committed in the computation of the credit amount.	4492

(4) No tax credit certificate may be issued before the	4493
completion of the tax credit-eligible production. Not more than	4494
twenty million dollars of tax credit may be allowed per fiscal	4495
biennium, and not more than ten million dollars may be allowed in	4496
the first year of the biennium. Not more than five million dollars	4497
of tax credit may be allowed per tax credit-eligible production.	4498

(D) A motion picture company whose motion picture has been	4499
certified as a tax credit-eligible production shall engage, at the	4500
company's expense, an independent certified public accountant to	4501
examine the company's production expenditures to identify the	4502
expenditures that qualify as eligible production expenditures. The	4503
certified public accountant shall issue a report to the company	4504
and to the director of development certifying the company's	4505
eligible production expenditures and any other information	4506
required by the director. Upon receiving and examining the report,	4507
the director may disallow any expenditure the director determines	4508
is not an eligible production expenditure. If the director	4509
disallows an expenditure, the director shall issue a written	4510
notice to the motion picture production company stating that the	4511
expenditure is disallowed and the reason for the disallowance.	4512
Upon examination of the report and disallowance of any	4513
expenditures, the director shall determine finally the lesser of	4514
the total budgeted eligible production expenditures stated in the	4515
application submitted under division (B) of this section or the	4516
actual eligible production expenditures for the purpose of	4517
computing the amount of the credit.	4518

(E) No credit shall be allowed under section 5733.59 or	4519
5747.66 of the Revised Code unless the director has reviewed the	4520
report and made the determination prescribed by division (D) of	4521
this section.	4522

(F) This state reserves the right to refuse the use of this	4523
state's name in the credits of any tax credit-eligible motion	4524
picture production.	4525

(G)(1) The director of development in consultation with the	4526
tax commissioner shall adopt rules for the administration of this	4527
section, including rules setting forth and governing the criteria	4528
for determining whether a motion picture production is a tax	4529
credit-eligible production; activities that constitute the	4530
production of a motion picture; reporting sufficient evidence of	4531
reviewable progress; expenditures that qualify as eligible	4532
production expenditures; a competitive process for approving	4533
credits; and consideration of geographic distribution of credits.	4534
The rules shall be adopted under Chapter 119. of the Revised Code.	4535

(2) The director may require a reasonable application fee to	4536
cover administrative costs of the tax credit program. The fees	4537
collected shall be credited to the motion picture tax credit	4538
program operating fund, which is hereby created in the state	4539
treasury. The motion picture tax credit program operating fund	4540
shall consist of all grants, gifts, fees, and contributions made	4541
to the director of development for marketing and promotion of the	4542
motion picture industry within this state. The director of	4543
development shall use money in the fund to pay expenses related to	4544
the administration of the Ohio film office and the credit	4545
authorized by this section and sections 5733.59 and 5747.66 of the	4546
Revised Code.	4547

Sec. 123.01. (A) The department of administrative services,	4548
in addition to those powers enumerated in Chapters 124. and 125.	4549
of the Revised Code and provided elsewhere by law, shall exercise	4550
the following powers:	4551

(1) To prepare, or contract to be prepared, by licensed	4552
engineers or architects, surveys, general and detailed plans,	4553
specifications, bills of materials, and estimates of cost for any	4554
projects, improvements, or public buildings to be constructed by	4555
state agencies that may be authorized by legislative	4556
appropriations or any other funds made available therefor,	4557
provided that the construction of the projects, improvements, or	4558
public buildings is a statutory duty of the department. This	4559
section does not require the independent employment of an	4560
architect or engineer as provided by section 153.01 of the Revised	4561
Code in the cases to which that section applies nor affect or	4562
alter the existing powers of the director of transportation.	4563

(2) To have general supervision over the construction of any	4564
projects, improvements, or public buildings constructed for a	4565
state agency and over the inspection of materials previous to	4566
their incorporation into those projects, improvements, or	4567
buildings;	4568

(3) To make contracts for and supervise the construction of	4569
any projects and improvements or the construction and repair of	4570
buildings under the control of a state agency, except contracts	4571
for the repair of buildings under the management and control of	4572
the departments of public safety, job and family services, mental	4573
health, mental retardation and developmental disabilities,	4574
rehabilitation and correction, and youth services, the bureau of	4575
workers' compensation, the rehabilitation services commission, and	4576
boards of trustees of educational and benevolent institutions and	4577
except contracts for the construction of projects that do not	4578
require the issuance of a building permit or the issuance of a	4579
certificate of occupancy and that are necessary to remediate	4580
conditions at a hazardous waste facility, solid waste facility, or	4581
other location at which the director of environmental protection	4582
has reason to believe there is a substantial threat to public	4583
health or safety or the environment. These contracts shall be made	4584
and entered into by the directors of public safety, job and family	4585
services, mental health, mental retardation and developmental	4586
disabilities, rehabilitation and correction, and youth services,	4587
the administrator of workers' compensation, the rehabilitation	4588
services commission, the boards of trustees of such institutions,	4589
and the director of environmental protection, respectively. All	4590
such contracts may be in whole or in part on unit price basis of	4591
maximum estimated cost, with payment computed and made upon actual	4592
quantities or units.	4593

(4) To prepare and suggest comprehensive plans for the	4594
development of grounds and buildings under the control of a state	4595
agency;	4596

(5) To acquire, by purchase, gift, devise, lease, or grant,	4597
all real estate required by a state agency, in the exercise of	4598
which power the department may exercise the power of eminent	4599
domain, in the manner provided by sections 163.01 to 163.22 of the	4600
Revised Code;	4601

(6) To make and provide all plans, specifications, and models	4602
for the construction and perfection of all systems of sewerage,	4603
drainage, and plumbing for the state in connection with buildings	4604
and grounds under the control of a state agency;	4605

(7) To erect, supervise, and maintain all public monuments	4606
and memorials erected by the state, except where the supervision	4607
and maintenance is otherwise provided by law;	4608

(8) To procure, by lease, storage accommodations for a state	4609
agency;	4610

(9) To lease or grant easements or licenses for unproductive	4611
and unused lands or other property under the control of a state	4612
agency. Such leases, easements, or licenses shall be granted for a	4613
period not to exceed fifteen years and shall be executed for the	4614
state by the director of administrative services and the governor	4615
and shall be approved as to form by the attorney general, provided	4616
that leases, easements, or licenses may be granted to any county,	4617
township, municipal corporation, port authority, water or sewer	4618
district, school district, library district, health district, park	4619
district, soil and water conservation district, conservancy	4620
district, or other political subdivision or taxing district, or	4621
any agency of the United States government, for the exclusive use	4622
of that agency, political subdivision, or taxing district, without	4623
any right of sublease or assignment, for a period not to exceed	4624
fifteen years, and provided that the director shall grant leases,	4625
easements, or licenses of university land for periods not to	4626
exceed twenty-five years for purposes approved by the respective	4627
university's board of trustees wherein the uses are compatible	4628
with the uses and needs of the university and may grant leases of	4629
university land for periods not to exceed forty years for purposes	4630
approved by the respective university's board of trustees pursuant	4631
to section 123.77 of the Revised Code.	4632

(10) To lease ~~office~~ space ~~in buildings~~ for the use of a	4633
state agency;	4634

(11) To have general supervision and care of the storerooms,	4635
offices, and buildings leased for the use of a state agency;	4636

(12) To exercise general custodial care of all real property	4637
of the state;	4638

(13) To assign and group together state offices in any city	4639
in the state and to establish, in cooperation with the state	4640
agencies involved, rules governing space requirements for office	4641
or storage use;	4642

(14) To lease for a period not to exceed forty years,	4643
pursuant to a contract providing for the construction thereof	4644
under a lease-purchase plan, buildings, structures, and other	4645
improvements for any public purpose, and, in conjunction	4646
therewith, to grant leases, easements, or licenses for lands under	4647
the control of a state agency for a period not to exceed forty	4648
years. The lease-purchase plan shall provide that at the end of	4649
the lease period, the buildings, structures, and related	4650
improvements, together with the land on which they are situated,	4651
shall become the property of the state without cost.	4652

(a) Whenever any building, structure, or other improvement is	4653
to be so leased by a state agency, the department shall retain	4654
either basic plans, specifications, bills of materials, and	4655
estimates of cost with sufficient detail to afford bidders all	4656
needed information or, alternatively, all of the following plans,	4657
details, bills of materials, and specifications:	4658

(i) Full and accurate plans suitable for the use of mechanics	4659
and other builders in the improvement;	4660

(ii) Details to scale and full sized, so drawn and	4661
represented as to be easily understood;	4662

(iii) Accurate bills showing the exact quantity of different	4663
kinds of material necessary to the construction;	4664

(iv) Definite and complete specifications of the work to be	4665
performed, together with such directions as will enable a	4666
competent mechanic or other builder to carry them out and afford	4667
bidders all needed information;	4668

(v) A full and accurate estimate of each item of expense and	4669
of the aggregate cost thereof.	4670

(b) The department shall give public notice, in such	4671
newspaper, in such form, and with such phraseology as the director	4672
of administrative services prescribes, published once each week	4673
for four consecutive weeks, of the time when and place where bids	4674
will be received for entering into an agreement to lease to a	4675
state agency a building, structure, or other improvement. The last	4676
publication shall be at least eight days preceding the day for	4677
opening the bids. The bids shall contain the terms upon which the	4678
builder would propose to lease the building, structure, or other	4679
improvement to the state agency. The form of the bid approved by	4680
the department shall be used, and a bid is invalid and shall not	4681
be considered unless that form is used without change, alteration,	4682
or addition. Before submitting bids pursuant to this section, any	4683
builder shall comply with Chapter 153. of the Revised Code.	4684

(c) On the day and at the place named for receiving bids for	4685
entering into lease agreements with a state agency, the director	4686
of administrative services shall open the bids and shall publicly	4687
proceed immediately to tabulate the bids upon duplicate sheets. No	4688
lease agreement shall be entered into until the bureau of workers'	4689
compensation has certified that the person to be awarded the lease	4690
agreement has complied with Chapter 4123. of the Revised Code,	4691
until, if the builder submitting the lowest and best bid is a	4692
foreign corporation, the secretary of state has certified that the	4693
corporation is authorized to do business in this state, until, if	4694
the builder submitting the lowest and best bid is a person	4695
nonresident of this state, the person has filed with the secretary	4696
of state a power of attorney designating the secretary of state as	4697
its agent for the purpose of accepting service of summons in any	4698
action brought under Chapter 4123. of the Revised Code, and until	4699
the agreement is submitted to the attorney general and the	4700
attorney general's approval is certified thereon. Within thirty	4701
days after the day on which the bids are received, the department	4702
shall investigate the bids received and shall determine that the	4703
bureau and the secretary of state have made the certifications	4704
required by this section of the builder who has submitted the	4705
lowest and best bid. Within ten days of the completion of the	4706
investigation of the bids, the department shall award the lease	4707
agreement to the builder who has submitted the lowest and best bid	4708
and who has been certified by the bureau and secretary of state as	4709
required by this section. If bidding for the lease agreement has	4710
been conducted upon the basis of basic plans, specifications,	4711
bills of materials, and estimates of costs, upon the award to the	4712
builder the department, or the builder with the approval of the	4713
department, shall appoint an architect or engineer licensed in	4714
this state to prepare such further detailed plans, specifications,	4715
and bills of materials as are required to construct the building,	4716
structure, or improvement. The department shall adopt such rules	4717
as are necessary to give effect to this section. The department	4718
may reject any bid. Where there is reason to believe there is	4719
collusion or combination among bidders, the bids of those	4720
concerned therein shall be rejected.	4721

(15) To acquire by purchase, gift, devise, or grant and to	4722
transfer, lease, or otherwise dispose of all real property	4723
required to assist in the development of a conversion facility as	4724
defined in section 5709.30 of the Revised Code as that section	4725
existed before its repeal by Amended Substitute House Bill 95 of	4726
the 125th general assembly;	4727

(16) To lease for a period not to exceed forty years,	4728
notwithstanding any other division of this section, the	4729
state-owned property located at 408-450 East Town Street,	4730
Columbus, Ohio, formerly the state school for the deaf, to a	4731
developer in accordance with this section. "Developer," as used in	4732
this section, has the same meaning as in section 123.77 of the	4733
Revised Code.	4734

Such a lease shall be for the purpose of development of the	4735
land for use by senior citizens by constructing, altering,	4736
renovating, repairing, expanding, and improving the site as it	4737
existed on June 25, 1982. A developer desiring to lease the land	4738
shall prepare for submission to the department a plan for	4739
development. Plans shall include provisions for roads, sewers,	4740
water lines, waste disposal, water supply, and similar matters to	4741
meet the requirements of state and local laws. The plans shall	4742
also include provision for protection of the property by insurance	4743
or otherwise, and plans for financing the development, and shall	4744
set forth details of the developer's financial responsibility.	4745

The department may employ, as employees or consultants,	4746
persons needed to assist in reviewing the development plans. Those	4747
persons may include attorneys, financial experts, engineers, and	4748
other necessary experts. The department shall review the	4749
development plans and may enter into a lease if it finds all of	4750
the following:	4751

(a) The best interests of the state will be promoted by	4752
entering into a lease with the developer;	4753

(b) The development plans are satisfactory;

4754

(c) The developer has established the developer's financial	4755
responsibility and satisfactory plans for financing the	4756
development.	4757

The lease shall contain a provision that construction or	4758
renovation of the buildings, roads, structures, and other	4759
necessary facilities shall begin within one year after the date of	4760
the lease and shall proceed according to a schedule agreed to	4761
between the department and the developer or the lease will be	4762
terminated. The lease shall contain such conditions and	4763
stipulations as the director considers necessary to preserve the	4764
best interest of the state. Moneys received by the state pursuant	4765
to this lease shall be paid into the general revenue fund. The	4766
lease shall provide that at the end of the lease period the	4767
buildings, structures, and related improvements shall become the	4768
property of the state without cost.	4769

(17) To lease to any person any tract of land owned by the	4770
state and under the control of the department, or any part of such	4771
a tract, for the purpose of drilling for or the pooling of oil or	4772
gas. Such a lease shall be granted for a period not exceeding	4773
forty years, with the full power to contract for, determine the	4774
conditions governing, and specify the amount the state shall	4775
receive for the purposes specified in the lease, and shall be	4776
prepared as in other cases.	4777

(18) To manage the use of space owned and controlled by the	4778
department, including space in property under the jurisdiction of	4779
the Ohio building authority, by doing all of the following:	4780

(a) Biennially implementing, by state agency location, a	4781
census of agency employees assigned space;	4782

(b) Periodically in the discretion of the director of	4783
administrative services:	4784

(i) Requiring each state agency to categorize the use of	4785
space allotted to the agency between office space, common areas,	4786
storage space, and other uses, and to report its findings to the	4787
department;	4788

(ii) Creating and updating a master space utilization plan	4789
for all space allotted to state agencies. The plan shall	4790
incorporate space utilization metrics.	4791

(iii) Conducting a cost-benefit analysis to determine the	4792
effectiveness of state-owned buildings;	4793

(iv) Assessing the alternatives associated with consolidating	4794
the commercial leases for buildings located in Columbus.	4795

(c) Commissioning a comprehensive space utilization and	4796
capacity study in order to determine the feasibility of	4797
consolidating existing commercially leased space used by state	4798
agencies into a new state-owned facility.	4799

(B) This section and section 125.02 of the Revised Code shall	4800
not interfere with any of the following:	4801

(1) The power of the adjutant general to purchase military	4802
supplies, or with the custody of the adjutant general of property	4803
leased, purchased, or constructed by the state and used for	4804
military purposes, or with the functions of the adjutant general	4805
as director of state armories;	4806

(2) The power of the director of transportation in acquiring	4807
rights-of-way for the state highway system, or the leasing of	4808
lands for division or resident district offices, or the leasing of	4809
lands or buildings required in the maintenance operations of the	4810
department of transportation, or the purchase of real property for	4811
garage sites or division or resident district offices, or in	4812
preparing plans and specifications for and constructing such	4813
buildings as the director may require in the administration of the	4814
department;	4815

(3) The power of the director of public safety and the	4816
registrar of motor vehicles to purchase or lease real property and	4817
buildings to be used solely as locations to which a deputy	4818
registrar is assigned pursuant to division (B) of section 4507.011	4819
of the Revised Code and from which the deputy registrar is to	4820
conduct the deputy registrar's business, the power of the director	4821
of public safety to purchase or lease real property and buildings	4822
to be used as locations for division or district offices as	4823
required in the maintenance of operations of the department of	4824
public safety, and the power of the superintendent of the state	4825
highway patrol in the purchase or leasing of real property and	4826
buildings needed by the patrol, to negotiate the sale of real	4827
property owned by the patrol, to rent or lease real property owned	4828
or leased by the patrol, and to make or cause to be made repairs	4829
to all property owned or under the control of the patrol;	4830

(4) The power of the division of liquor control in the	4831
leasing or purchasing of retail outlets and warehouse facilities	4832
for the use of the division;	4833

(5) The power of the director of development to enter into	4834
leases of real property, buildings, and office space to be used	4835
solely as locations for the state's foreign offices to carry out	4836
the purposes of section 122.05 of the Revised Code;	4837

(6) The power of the director of environmental protection to	4838
enter into environmental covenants, to grant and accept easements,	4839
or to sell property pursuant to division (G) of section 3745.01 of	4840
the Revised Code.	4841

(C) Purchases for, and the custody and repair of, buildings	4842
under the management and control of the capitol square review and	4843
advisory board, the rehabilitation services commission, the bureau	4844
of workers' compensation, or the departments of public safety, job	4845
and family services, mental health, mental retardation and	4846
developmental disabilities, and rehabilitation and correction, and	4847
buildings of educational and benevolent institutions under the	4848
management and control of boards of trustees, are not subject to	4849
the control and jurisdiction of the department of administrative	4850
services.	4851

(D) Any instrument by which real property is acquired	4852
pursuant to this section shall identify the agency of the state	4853
that has the use and benefit of the real property as specified in	4854
section 5301.012 of the Revised Code.	4855

Sec. 123.152. (A) As used in this section, "EDGE business	4856
enterprise" means a sole proprietorship, association, partnership,	4857
corporation, limited liability corporation, or joint venture	4858
certified as a participant in the encouraging diversity, growth,	4859
and equity program by the director of administrative services	4860
under this section of the Revised Code.	4861

(B) The director of administrative services shall establish a	4862
business assistance program known as the encouraging diversity,	4863
growth, and equity program and shall adopt rules in accordance	4864
with Chapter 119. of the Revised Code to administer the program	4865
that do all of the following:	4866

(1) Establish procedures by which a sole proprietorship,	4867
association, partnership, corporation, limited liability	4868
corporation, or joint venture may apply for certification as an	4869
EDGE business enterprise;	4870

(2) Except as provided in division (B)(14) of this section,	4871
establish agency procurement goals, including procurement goals	4872
for the Ohio housing finance agency, the third frontier	4873
commission, and the clean Ohio council, for contracting with EDGE	4874
business enterprises in the award of contracts under Chapters	4875
123., 125., and 153. of the Revised Code based on the availability	4876
of eligible program participants by region or geographic area, as	4877
determined by the director, and by standard industrial code or	4878
equivalent code classification.	4879

(a) Goals established under division (B)(2) of this section	4880
shall be based on a percentage level of participation and a	4881
percentage of contractor availability.	4882

(b) Goals established under division (B)(2) of this section	4883
shall be applied at the contract level, relative to an overall	4884
dollar goal for each state agency, in accordance with the	4885
following certification categories: construction, architecture,	4886
and engineering; professional services; goods and services; and	4887
information technology services.	4888

(3) Establish a system of certifying EDGE business	4889
enterprises based on a requirement that the business owner or	4890
owners show both social and economic disadvantage based on the	4891
following, as determined to be sufficient by the director:	4892

(a) Relative wealth of the business seeking certification as	4893
well as the personal wealth of the owner or owners of the	4894
business;	4895

(b) Social disadvantage based on any of the following:

4896

(i) A rebuttable presumption when the business owner or	4897
owners demonstrate membership in a racial minority group or show	4898
personal disadvantage due to color, ethnic origin, gender,	4899
physical disability, long-term residence in an environment	4900
isolated from the mainstream of American society, location in an	4901
area of high unemployment;	4902

(ii) Some other demonstration of personal disadvantage not	4903
common to other small businesses;	4904

(iii) By business location in a qualified census tract.

4905

(c) Economic disadvantage based on economic and business size	4906
thresholds and eligibility criteria designed to stimulate economic	4907
development through contract awards to businesses located in	4908
qualified census tracts.	4909

(4) Establish standards to determine when an EDGE business	4910
enterprise no longer qualifies for EDGE business enterprise	4911
certification;	4912

(5) Develop a process for evaluating and adjusting goals	4913
established by this section to determine what adjustments are	4914
necessary to achieve participation goals established by the	4915
director;	4916

(6) Establish a point system or comparable system to evaluate	4917
bid proposals to encourage EDGE business enterprises to	4918
participate in the procurement of professional design and	4919
information technology services;	4920

(7) Establish a system to track data and analyze each	4921
certification category established under division (B)(2)(b) of	4922
this section;	4923

(8) Establish a process to mediate complaints and to review	4924
EDGE business enterprise certification appeals;	4925

(9) Implement an outreach program to educate potential	4926
participants about the encouraging diversity, growth, and equity	4927
program;	4928

(10) Establish a system to assist state agencies in	4929
identifying and utilizing EDGE business enterprises in their	4930
contracting processes;	4931

(11) Implement a system of self-reporting by EDGE business	4932
enterprises as well as an on-site inspection process to validate	4933
the qualifications of an EDGE business enterprise;	4934

(12) Establish a waiver mechanism to waive program goals or	4935
participation requirements for those companies that, despite their	4936
best-documented efforts, are unable to contract with certified	4937
EDGE business enterprises;	4938

(13) Establish a process for monitoring overall program	4939
compliance in which equal employment opportunity officers	4940
primarily are responsible for monitoring their respective	4941
agencies;	4942

(14) Establish guidelines for state universities as defined	4943
in section 3345.011 of the Revised Code and the Ohio school	4944
facilities commission created in section 3318.30 of the Revised	4945
Code for awarding contracts pursuant to Chapters 153., 3318., and	4946
3345. of the Revised Code to allow the universities and commission	4947
to establish agency procurement goals for contracting with EDGE	4948
business enterprises.	4949

In complying with divisions (B)(2) and (14) of this section,	4950
a state agency or state university or the Ohio housing finance	4951
agency, the third frontier commission, the clean Ohio council, or	4952
the Ohio school facilities commission shall comply with executive	4953
order 2008-13S.	4954

(C) Business and personal financial information and trade	4955
secrets submitted by encouraging diversity, growth, and equity	4956
program applicants to the director pursuant to this section are	4957
not public records for purposes of section 149.43 of the Revised	4958
Code, unless the director presents the financial information or	4959
trade secrets at a public hearing or public proceeding regarding	4960
the applicant's eligibility to participate in the program.	4961

Sec. 124.03. (A) The state personnel board of review shall	4962
exercise the following powers and perform the following duties:	4963

(1) Hear appeals, as provided by law, of employees in the	4964
classified state service from final decisions of appointing	4965
authorities or the director of administrative services relative to	4966
reduction in pay or position, job abolishments, layoff,	4967
suspension, discharge, assignment or reassignment to a new or	4968
different position classification, or refusal of the director, or	4969
anybody authorized to perform the director's functions, to	4970
reassign an employee to another classification or to reclassify	4971
the employee's position with or without a job audit under division	4972
(D) of section 124.14 of the Revised Code. As used in this	4973
division, "discharge" includes disability separations.	4974

The state personnel board of review may affirm, disaffirm, or	4975
modify the decisions of the appointing authorities or the	4976
director, as the case may be, and its decision is final. The	4977
~~board's~~ decisions of the state personnel board of review shall be	4978
consistent with the applicable classification specifications.	4979

The state personnel board of review shall not be deprived of	4980
jurisdiction to hear any appeal due to the failure of an	4981
appointing authority to file its decision with the board. Any	4982
final decision of an appointing authority or of the director not	4983
filed in the manner provided in this chapter shall be disaffirmed.	4984

The state personnel board of review may place an exempt	4985
employee, as defined in section 124.152 of the Revised Code, into	4986
a bargaining unit classification, if the state personnel board of	4987
review determines that the bargaining unit classification is the	4988
proper classification for that employee. Notwithstanding Chapter	4989
4117. of the Revised Code or instruments and contracts negotiated	4990
under it, such placements are at the ~~board's~~ discretion of the	4991
state personnel board of review.	4992

The mere failure of an employee's appointing authority to	4993
file a statement with the department of administrative services	4994
indicating that the employee is in the unclassified civil service,	4995
or the mere late filing of such a statement, does not prevent the	4996
state personnel board of review from determining that the employee	4997
is in the unclassified civil service. In determining whether an	4998
employee is in the unclassified civil service, the state personnel	4999
board of review shall consider the inherent nature of the duties	5000
of the employee's classification during the two-year period	5001
immediately preceding the appointing authority's appealable action	5002
relating to the employee.	5003

In any hearing before the state personnel board of review,	5004
including any hearing at which a record is taken that may be the	5005
basis of an appeal to a court, an employee may be represented by a	5006
person permitted to practice before the state personnel board of	5007
review who is not an attorney at law as long as the person does	5008
not receive any compensation from the employee for the	5009
representation.	5010

(2) Hear appeals, as provided by law, of appointing	5011
authorities from final decisions of the director relative to the	5012
classification or reclassification of any position in the	5013
classified state service under the jurisdiction of that	5014
appointing authority. The state personnel board of review may	5015
affirm, disaffirm, or modify the decisions of the director, and	5016
its decision is final. The ~~board's~~ decisions of the state	5017
personnel board of review shall be consistent with the applicable	5018
classification specifications.	5019

(3) Exercise the authority provided by section 124.40 of the	5020
Revised Code, for appointment, removal, and supervision of	5021
municipal and civil service township civil service commissions;	5022

(4) ~~Appoint a secretary, referees, examiners, and whatever~~	5023
~~other~~Utilize employees ~~are necessary~~provided by the state	5024
employment relations board in the exercise of ~~its~~the powers and	5025
performance of ~~its~~the duties and functions~~. The~~of the state	5026
personnel board ~~shall determine appropriate education and~~	5027
~~experience requirements for its secretary, referees, examiners,~~	5028
~~and other employees and shall prescribe their duties. A referee or~~	5029
~~examiner does not need to have been admitted to the practice of~~	5030
~~law.~~of review under this chapter;	5031

(5) Maintain a journal that shall be open to public	5032
inspection, in which it shall keep a record of all of its	5033
proceedings and of the vote of each of its members upon every	5034
action taken by it;	5035

(6) Adopt rules in accordance with Chapter 119. of the	5036
Revised Code relating to the procedure of the state personnel	5037
board of review in administering the laws it has the authority or	5038
duty to administer and for the purpose of invoking the	5039
jurisdiction of the state personnel board of review in hearing	5040
appeals of appointing authorities and employees in matters set	5041
forth in divisions (A)(1) and (2) of this section;	5042

(7) Subpoena and require the attendance and testimony of	5043
witnesses and the production of books, papers, public records, and	5044
other documentary evidence pertinent to any matter it has	5045
authority to investigate, inquire into, or hear in the same manner	5046
and to the same extent as provided by division (G) of section	5047
124.09 of the Revised Code. All witness fees shall be paid in the	5048
manner set forth in that division.	5049

(B) The state personnel board of review shall exist as a	5050
separate entity within the administrative structure of the state	5051
employment relations board.	5052

(C) The state personnel board of review shall be funded by	5053
general revenue fund appropriations. All moneys received by the	5054
state personnel board of review for copies of documents, rule	5055
books, and transcriptions shall be paid into the state treasury to	5056
the credit of the ~~transcript and other documents~~training,	5057
publications, and grants fund~~, which is hereby~~ created ~~to defray~~	5058
~~the cost of producing an administrative record~~in section 4117.24	5059
of the Revised Code.	5060

Sec. 124.04. In addition to those powers enumerated in	5061
Chapters 123. and 125. of the Revised Code and as provided	5062
elsewhere by law, the powers, duties, and functions of the	5063
department of administrative services not specifically vested in	5064
and assigned to, or to be performed by, the state personnel board	5065
of review are hereby vested in and assigned to, and shall be	5066
performed by, the director of administrative services. These	5067
powers, duties, and functions shall include, but shall not be	5068
limited to, the following powers, duties, and functions:	5069

(A) To prepare, conduct, and grade all competitive	5070
examinations for positions in the classified state service;	5071

(B) To prepare, conduct, and grade all noncompetitive	5072
examinations for positions in the classified state service;	5073

(C) To prepare eligible lists containing the names of persons	5074
qualified for appointment to positions in the classified state	5075
service;	5076

(D) To prepare or amend, in accordance with section 124.14 of	5077
the Revised Code, specifications descriptive of duties,	5078
responsibilities, requirements, and desirable qualifications of	5079
the various classifications of positions in the state service;	5080

(E) To allocate and reallocate, upon the motion of the	5081
director or upon request of an appointing authority and in	5082
accordance with section 124.14 of the Revised Code, any position,	5083
office, or employment in the state service to the appropriate	5084
classification on the basis of the duties, responsibilities,	5085
requirements, and qualifications of that position, office, or	5086
employment;	5087

(F) To develop and conduct personnel recruitment services for	5088
positions in the state service;	5089

(G) To conduct research on specifications, classifications,	5090
and salaries of positions in the state service;	5091

(H) To develop and conduct personnel training programs,	5092
including supervisory training programs and best practices plans,	5093
and to develop merit hiring processes, in cooperation with	5094
appointing authorities;	5095

(I) To include periodically in communications sent to state	5096
employees both of the following:	5097

(1) Information developed under section 2108.34 of the	5098
Revised Code promoting the donation of anatomical gifts under	5099
Chapter 2108. of the Revised Code;	5100

(2) Information about the liver or kidney donor and bone	5101
marrow donor leave granted under section 124.139 of the Revised	5102
Code.	5103

(J) To enter into agreements with universities and colleges	5104
for in-service training of officers and employees in the civil	5105
service and to assist appointing authorities in recruiting	5106
qualified applicants;	5107

(K) To appoint examiners, inspectors, clerks, and other	5108
assistants necessary in the exercise of the powers and performance	5109
of the duties and functions which the director is by law	5110
authorized and required to exercise and perform, and to prescribe	5111
the duties of all of those employees;	5112

(L) To maintain a journal, which shall be open to public	5113
inspection, in which the director shall keep a record of the	5114
director's final decision pertaining to the classification or	5115
reclassification of positions in the classified civil service of	5116
the state and assignment or reassignment of employees in the	5117
classified civil service of the state to specific position	5118
classifications;	5119

(M) To delegate any of the powers, functions, or duties	5120
granted or assigned to the director under this chapter to any	5121
other state agency of this state as the director considers	5122
necessary;	5123

(N) To delegate any of the powers, functions, or duties	5124
granted or assigned to the director under this chapter to any	5125
political subdivision with the concurrence of the legislative	5126
authority of the political subdivision.	5127

(O) To administer a state equal employment opportunity	5128
program.	5129

Sec. 124.07. (A) The director of administrative services	5130
shall appoint examiners, inspectors, clerks, and other assistants	5131
as necessary to carry out sections 124.01 to 124.64 of the Revised	5132
Code. The director may designate persons in or out of the service	5133
of the state to serve as examiners or assistants under the	5134
director's direction. An examiner or assistant shall receive the	5135
compensation for each day actually and necessarily spent in the	5136
discharge of duties as an examiner or assistant that the director	5137
determines; provided that, if the examiner or assistant is in the	5138
service of the state or any political subdivision of the state, it	5139
shall be a part of the examiner's or assistant's official duties	5140
to render those services in connection with an examination without	5141
extra compensation.	5142

(B) Each state agency shall pay the cost of the services and	5143
facilities furnished to it by the department of administrative	5144
services that are necessary to provide and maintain payroll	5145
services as prescribed in section 125.21 of the Revised Code and	5146
state merit standards as prescribed in sections 124.01 to 124.64	5147
of the Revised Code for the agency. If a state-supported college	5148
or university or a municipal corporation chooses to use the	5149
services and facilities furnished by the department that are	5150
necessary to provide and maintain the services and standards so	5151
prescribed, the state-supported college or university or municipal	5152
corporation shall pay the cost of the services and facilities that	5153
the department furnishes to it. The charges against a state	5154
agency, a state-supported college or university, or a municipal	5155
corporation shall be computed on a reasonable cost basis in	5156
accordance with procedures prescribed by the director of budget	5157
and management. Any moneys the department receives from a state	5158
agency, a state-supported college or university, or a municipal	5159
corporation under this division that are in excess of the amount	5160
necessary to pay the cost of furnishing the department's services	5161
and facilities during any fiscal year shall be either refunded to	5162
or credited for the ensuing fiscal year to the state agency, the	5163
state-supported college or university, or the municipal	5164
corporation.	5165

(C) The director of administrative services may enter into an	5166
agreement with any county, municipal corporation, or other	5167
political subdivision to furnish services and facilities of the	5168
department in the administration of a merit program or other	5169
functions related to human resources that include, but are not	5170
limited to, providing competitive examinations for positions in	5171
the classified service. The agreement shall provide that the	5172
department shall be reimbursed for the reasonable costs of those	5173
services and facilities as determined by the director.	5174

(D) All moneys received by the department as reimbursement	5175
for ~~payroll,~~a merit program, or other human resources services	5176
performed and facilities furnished under this section, such as	5177
competitive examinations administered, shall be paid into the	5178
state treasury to the credit of the human resources services fund,	5179
which is hereby created.	5180

(E) In counties of the state in which are located cities	5181
having municipal civil service commissions, the director of	5182
administrative services may designate the municipal civil service	5183
commission of the largest city within the county as the director's	5184
agent for the purpose of carrying out the provisions of sections	5185
124.01 to 124.64 of the Revised Code, within the county, that the	5186
director designates. Each municipal civil service commission	5187
designated as an agent of the director shall render to the	5188
director, at the end of each month, an itemized statement of the	5189
cost incurred by the commission for work done as the agent of the	5190
director, and the director, after approving that statement, shall	5191
pay the total amount of it to the treasurer of the municipal	5192
corporation in the same manner as other expenses of the department	5193
of administrative services.	5194

(F) The director of administrative services and the	5195
examiners, inspectors, clerks, and assistants referred to in this	5196
section shall receive, in addition to their salaries,	5197
reimbursement for necessary traveling and other expenses incurred	5198
in the actual discharge of their official duties. The director may	5199
also incur the necessary expenses for stationery, printing, and	5200
other supplies incident to the business of the department.	5201

Sec. 124.11. The civil service of the state and the several	5202
counties, cities, civil service townships, city health districts,	5203
general health districts, and city school districts of the state	5204
shall be divided into the unclassified service and the classified	5205
service.	5206

(A) The unclassified service shall comprise the following	5207
positions, which shall not be included in the classified service,	5208
and which shall be exempt from all examinations required by this	5209
chapter:	5210

(1) All officers elected by popular vote or persons appointed	5211
to fill vacancies in those offices;	5212

(2) All election officers as defined in section 3501.01 of	5213
the Revised Code;	5214

(3)(a) The members of all boards and commissions, and heads	5215
of principal departments, boards, and commissions appointed by the	5216
governor or by and with the governor's consent;	5217

(b) The heads of all departments appointed by a board of	5218
county commissioners;	5219

(c) The members of all boards and commissions and all heads	5220
of departments appointed by the mayor, or, if there is no mayor,	5221
such other similar chief appointing authority of any city or city	5222
school district;	5223

Except as otherwise provided in division (A)(17) or (C) of	5224
this section, this chapter does not exempt the chiefs of police	5225
departments and chiefs of fire departments of cities or civil	5226
service townships from the competitive classified service.	5227

(4) The members of county or district licensing boards or	5228
commissions and boards of revision, and not more than five deputy	5229
county auditors;	5230

(5) All officers and employees elected or appointed by either	5231
or both branches of the general assembly, and employees of the	5232
city legislative authority engaged in legislative duties;	5233

(6) All commissioned, warrant, and noncommissioned officers	5234
and enlisted persons in the Ohio organized militia, including	5235
military appointees in the adjutant general's department;	5236

(7)(a) All presidents, business managers, administrative	5237
officers, superintendents, assistant superintendents, principals,	5238
deans, assistant deans, instructors, teachers, and such employees	5239
as are engaged in educational or research duties connected with	5240
the public school system, colleges, and universities, as	5241
determined by the governing body of the public school system,	5242
colleges, and universities;	5243

(b) The library staff of any library in the state supported	5244
wholly or in part at public expense.	5245

(8) Four clerical and administrative support employees for	5246
each of the elective state officers, four clerical and	5247
administrative support employees for each board of county	5248
commissioners and one such employee for each county commissioner,	5249
and four clerical and administrative support employees for other	5250
elective officers and each of the principal appointive executive	5251
officers, boards, or commissions, except for civil service	5252
commissions, that are authorized to appoint such clerical and	5253
administrative support employees;	5254

(9) The deputies and assistants of state agencies authorized	5255
to act for and on behalf of the agency, or holding a fiduciary or	5256
administrative relation to that agency and those persons employed	5257
by and directly responsible to elected county officials or a	5258
county administrator and holding a fiduciary or administrative	5259
relationship to such elected county officials or county	5260
administrator, and the employees of such county officials whose	5261
fitness would be impracticable to determine by competitive	5262
examination, provided that division (A)(9) of this section shall	5263
not affect those persons in county employment in the classified	5264
service as of September 19, 1961. Nothing in division (A)(9) of	5265
this section applies to any position in a county department of job	5266
and family services created pursuant to Chapter 329. of the	5267
Revised Code.	5268

(10) Bailiffs, constables, official stenographers, and	5269
commissioners of courts of record, deputies of clerks of the	5270
courts of common pleas who supervise or who handle public moneys	5271
or secured documents, and such officers and employees of courts of	5272
record and such deputies of clerks of the courts of common pleas	5273
as the director of administrative services finds it impracticable	5274
to determine their fitness by competitive examination;	5275

(11) Assistants to the attorney general, special counsel	5276
appointed or employed by the attorney general, assistants to	5277
county prosecuting attorneys, and assistants to city directors of	5278
law;	5279

(12) Such teachers and employees in the agricultural	5280
experiment stations; such students in normal schools, colleges,	5281
and universities of the state who are employed by the state or a	5282
political subdivision of the state in student or intern	5283
classifications; and such unskilled labor positions as the	5284
director of administrative services or any municipal civil service	5285
commission may find it impracticable to include in the competitive	5286
classified service; provided such exemptions shall be by order of	5287
the commission or the director, duly entered on the record of the	5288
commission or the director with the reasons for each such	5289
exemption;	5290

(13) Any physician or dentist who is a full-time employee of	5291
the department of mental health, the department of mental	5292
retardation and developmental disabilities, or an institution	5293
under the jurisdiction of either department; and physicians who	5294
are in residency programs at the institutions;	5295

(14) Up to twenty positions at each institution under the	5296
jurisdiction of the department of mental health or the department	5297
of mental retardation and developmental disabilities that the	5298
department director determines to be primarily administrative or	5299
managerial; and up to fifteen positions in any division of either	5300
department, excluding administrative assistants to the director	5301
and division chiefs, which are within the immediate staff of a	5302
division chief and which the director determines to be primarily	5303
and distinctively administrative and managerial;	5304

(15) Noncitizens of the United States employed by the state,	5305
or its counties or cities, as physicians or nurses who are duly	5306
licensed to practice their respective professions under the laws	5307
of this state, or medical assistants, in mental or chronic disease	5308
hospitals, or institutions;	5309

(16) Employees of the governor's office;

5310

(17) Fire chiefs and chiefs of police in civil service	5311
townships appointed by boards of township trustees under section	5312
505.38 or 505.49 of the Revised Code;	5313

(18) Executive directors, deputy directors, and program	5314
directors employed by boards of alcohol, drug addiction, and	5315
mental health services under Chapter 340. of the Revised Code, and	5316
secretaries of the executive directors, deputy directors, and	5317
program directors;	5318

(19) Superintendents, and management employees as defined in	5319
section 5126.20 of the Revised Code, of county boards of mental	5320
retardation and developmental disabilities;	5321

(20) Physicians, nurses, and other employees of a county	5322
hospital who are appointed pursuant to sections 339.03 and 339.06	5323
of the Revised Code;	5324

(21) The executive director of the state medical board, who	5325
is appointed pursuant to division (B) of section 4731.05 of the	5326
Revised Code;	5327

(22) County directors of job and family services as provided	5328
in section 329.02 of the Revised Code and administrators appointed	5329
under section 329.021 of the Revised Code;	5330

(23) A director of economic development who is hired pursuant	5331
to division (A) of section 307.07 of the Revised Code;	5332

(24) Chiefs of construction and compliance, of operations and	5333
maintenance, of worker protection, and of licensing and	5334
certification in the division of ~~industrial compliance~~labor in	5335
the department of commerce;	5336

(25) The executive director of a county transit system	5337
appointed under division (A) of section 306.04 of the Revised	5338
Code;	5339

(26) Up to five positions at each of the administrative	5340
departments listed in section 121.02 of the Revised Code and at	5341
the department of taxation, department of the adjutant general,	5342
department of education, Ohio board of regents, bureau of workers'	5343
compensation, industrial commission, state lottery commission, and	5344
public utilities commission of Ohio that the head of that	5345
administrative department or of that other state agency determines	5346
to be involved in policy development and implementation. The head	5347
of the administrative department or other state agency shall set	5348
the compensation for employees in these positions at a rate that	5349
is not less than the minimum compensation specified in pay range	5350
41 but not more than the maximum compensation specified in pay	5351
range 44 of salary schedule E-2 in section 124.152 of the Revised	5352
Code. The authority to establish positions in the unclassified	5353
service under division (A)(26) of this section is in addition to	5354
and does not limit any other authority that an administrative	5355
department or state agency has under the Revised Code to establish	5356
positions, appoint employees, or set compensation.	5357

(27) Employees of the department of agriculture employed	5358
under section 901.09 of the Revised Code;	5359

(28) For cities, counties, civil service townships, city	5360
health districts, general health districts, and city school	5361
districts, the deputies and assistants of elective or principal	5362
executive officers authorized to act for and in the place of their	5363
principals or holding a fiduciary relation to their principals;	5364

(29) Employees who receive intermittent or temporary	5365
appointments under division (B) of section 124.30 of the Revised	5366
Code;	5367

(30) Employees appointed to administrative staff positions	5368
for which an appointing authority is given specific statutory	5369
authority to set compensation;	5370

(31) Employees appointed to highway patrol cadet or highway	5371
patrol cadet candidate classifications;	5372

(32) Employees placed in the unclassified service by another	5373
section of the Revised Code.	5374

(B) The classified service shall comprise all persons in the	5375
employ of the state and the several counties, cities, city health	5376
districts, general health districts, and city school districts of	5377
the state, not specifically included in the unclassified service.	5378
Upon the creation by the board of trustees of a civil service	5379
township civil service commission, the classified service shall	5380
also comprise, except as otherwise provided in division (A)(17) or	5381
(C) of this section, all persons in the employ of a civil service	5382
township police or fire department having ten or more full-time	5383
paid employees. The classified service consists of two classes,	5384
which shall be designated as the competitive class and the	5385
unskilled labor class.	5386

(1) The competitive class shall include all positions and	5387
employments in the state and the counties, cities, city health	5388
districts, general health districts, and city school districts of	5389
the state, and, upon the creation by the board of trustees of a	5390
civil service township of a township civil service commission, all	5391
positions in a civil service township police or fire department	5392
having ten or more full-time paid employees, for which it is	5393
practicable to determine the merit and fitness of applicants by	5394
competitive examinations. Appointments shall be made to, or	5395
employment shall be given in, all positions in the competitive	5396
class that are not filled by promotion, reinstatement, transfer,	5397
or reduction, as provided in this chapter, and the rules of the	5398
director of administrative services, by appointment from those	5399
certified to the appointing officer in accordance with this	5400
chapter.	5401

(2) The unskilled labor class shall include ordinary	5402
unskilled laborers. Vacancies in the labor class for positions in	5403
service of the state shall be filled by appointment from lists of	5404
applicants registered by the director. Vacancies in the labor	5405
class for all other positions shall be filled by appointment from	5406
lists of applicants registered by a commission. The director or	5407
the commission, as applicable, by rule, shall require an applicant	5408
for registration in the labor class to furnish evidence or take	5409
tests as the director or commission considers proper with respect	5410
to age, residence, physical condition, ability to labor, honesty,	5411
sobriety, industry, capacity, and experience in the work or	5412
employment for which application is made. Laborers who fulfill the	5413
requirements shall be placed on the eligible list for the kind of	5414
labor or employment sought, and preference shall be given in	5415
employment in accordance with the rating received from that	5416
evidence or in those tests. Upon the request of an appointing	5417
officer, stating the kind of labor needed, the pay and probable	5418
length of employment, and the number to be employed, the director	5419
or commission, as applicable, shall certify from the highest on	5420
the list double the number to be employed; from this number, the	5421
appointing officer shall appoint the number actually needed for	5422
the particular work. If more than one applicant receives the same	5423
rating, priority in time of application shall determine the order	5424
in which their names shall be certified for appointment.	5425

(C) A municipal or civil service township civil service	5426
commission may place volunteer firefighters who are paid on a	5427
fee-for-service basis in either the classified or the unclassified	5428
civil service.	5429

(D) This division does not apply to persons in the	5430
unclassified service who have the right to resume positions in the	5431
classified service under sections 4121.121, 5119.071, 5120.38,	5432
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	5433
Code.	5434

An appointing authority whose employees are paid directly by	5435
warrant of the director of budget and management may appoint a	5436
person who holds a ~~certified~~permanent position in the classified	5437
service within the appointing authority's agency to a position in	5438
the unclassified service within that agency. A person appointed	5439
pursuant to this division to a position in the unclassified	5440
service shall retain the right to resume the position and status	5441
held by the person in the classified service immediately prior to	5442
the person's appointment to the position in the unclassified	5443
service, regardless of the number of positions the person held in	5444
the unclassified service. An employee's right to resume a position	5445
in the classified service may only be exercised when an appointing	5446
authority demotes the employee to a pay range lower than the	5447
employee's current pay range or revokes the employee's appointment	5448
to the unclassified service. An employee forfeits the right to	5449
resume a position in the classified service when the employee is	5450
removed from the position in the unclassified service due to	5451
incompetence, inefficiency, dishonesty, drunkenness, immoral	5452
conduct, insubordination, discourteous treatment of the public,	5453
neglect of duty, violation of this chapter or the rules of the	5454
director of administrative services, any other failure of good	5455
behavior, any other acts of misfeasance, malfeasance, or	5456
nonfeasance in office, or conviction of a felony. An employee also	5457
forfeits the right to resume a position in the classified service	5458
upon transfer to a different agency.	5459

Reinstatement to a position in the classified service shall	5460
be to a position substantially equal to that position in the	5461
classified service held previously, as certified by the director	5462
of administrative services. If the position the person previously	5463
held in the classified service has been placed in the unclassified	5464
service or is otherwise unavailable, the person shall be appointed	5465
to a position in the classified service within the appointing	5466
authority's agency that the director of administrative services	5467
certifies is comparable in compensation to the position the person	5468
previously held in the classified service. Service in the position	5469
in the unclassified service shall be counted as service in the	5470
position in the classified service held by the person immediately	5471
prior to the person's appointment to the position in the	5472
unclassified service. When a person is reinstated to a position in	5473
the classified service as provided in this division, the person is	5474
entitled to all rights, status, and benefits accruing to the	5475
position in the classified service during the person's time of	5476
service in the position in the unclassified service.	5477

Sec. 124.134. (A) Each full-time permanent state employee	5478
paid in accordance with section 124.152 of the Revised Code and	5479
those employees listed in divisions (B)(2) and (4) of section	5480
124.14 of the Revised Code~~, after service of one year, shall have~~	5481
~~earned and will be due upon the attainment of the first year of~~	5482
~~employment, and annually thereafter, eighty hours of vacation~~	5483
~~leave with full pay. One year of service shall be computed on the~~	5484
~~basis of twenty-six biweekly pay periods. A full-time permanent~~	5485
~~state employee with five or more years of service shall have~~	5486
~~earned and is entitled to one hundred twenty hours of vacation~~	5487
~~leave with full pay. A full-time permanent state employee with ten~~	5488
~~or more years of service shall have earned and is entitled to one~~	5489
~~hundred sixty hours of vacation leave with full pay. A full-time~~	5490
~~permanent state employee with fifteen or more years of service~~	5491
~~shall have earned and is entitled to one hundred eighty hours of~~	5492
~~vacation leave with full pay. A full-time permanent state employee~~	5493
~~with twenty or more years of service shall have earned and is~~	5494
~~entitled to two hundred hours of vacation leave with full pay. A~~	5495
~~full-time permanent state employee with twenty-five or more years~~	5496
~~of service shall have earned and is entitled to two hundred forty~~	5497
~~hours of vacation leave with full pay. Such vacation leave shall~~	5498
~~accrue to the employee at the rate of three and one-tenth hours~~	5499
~~each biweekly period for those entitled to eighty hours per year;~~	5500
~~four and six-tenths hours each biweekly period for those entitled~~	5501
~~to one hundred twenty hours per year; six and two-tenths hours~~	5502
~~each biweekly period for those entitled to one hundred sixty hours~~	5503
~~per year; six and nine-tenths hours each biweekly period for those~~	5504
~~entitled to one hundred eighty hours per year; seven and~~	5505
~~seven-tenths hours each biweekly period for those entitled to two~~	5506
~~hundred hours per year; and nine and two-tenths hours each~~	5507
~~biweekly period for those entitled to two hundred forty hours per~~	5508
~~year~~shall be credited with vacation leave with full pay according	5509
to length of service and accruing at a corresponding rate per	5510
biweekly pay period, as follows:	5511

Length of Service	Accrual Rate Per Pay Period	5512
Less than 4 years	3.1 hours	5513
4 but less than 9 years	4.6 hours	5514
9 but less than 14 years	6.2 hours	5515
14 but less than 19 years	6.9 hours	5516
19 but less than 24 years	7.7 hours	5517
24 years or more	9.2 hours	5518

Fifty-two weeks equal one year of service.

5519

The amount of an employee's service shall be determined in	5520
accordance with the standard specified in section 9.44 of the	5521
Revised Code. Credit for prior service, including an increased	5522
vacation accrual rate and longevity supplement, shall take effect	5523
during the first pay period that begins immediately following the	5524
date the director of administrative services approves granting	5525
credit for that prior service. No employee, other than an employee	5526
who submits proof of prior service within ninety days after the	5527
date of the employee's hiring, shall receive any amount of	5528
vacation leave for the period prior to the date of the director's	5529
approval of the grant of credit for prior service.	5530

Part-time permanent employees who are paid in accordance with	5531
section 124.152 of the Revised Code and full-time permanent	5532
employees subject to this section who are in active pay status for	5533
less than eighty hours in a pay period shall earn vacation leave	5534
on a prorated basis. The ratio between the hours worked and the	5535
vacation hours earned by these classes of employees shall be the	5536
same as the ratio between the hours worked and the vacation hours	5537
earned by a full-time permanent employee with the same amount of	5538
service as provided for in this section.	5539

Vacation leave is not available for use until it appears on	5540
the employee's earning statement and the compensation described in	5541
the earning statement is available to the employee. An employee	5542
may begin using accrued vacation leave upon completion of the	5543
employee's initial probation period.	5544

(B) Employees granted leave under this section shall forfeit	5545
their right to take or to be paid for any vacation leave to their	5546
credit which is in excess of the accrual for three years. Any	5547
excess leave shall be eliminated from the employees' leave	5548
balance. If an employee's vacation leave credit is at, or will	5549
reach in the immediately following pay period, the maximum of the	5550
accrual for three years and the employee has been denied the use	5551
of vacation leave during the immediately preceding twelve months,	5552
the employee, at the employee's request, shall be paid in a pay	5553
period for the vacation leave the employee was denied, up to the	5554
maximum amount the employee would be entitled to be paid for in	5555
any pay period. An employee is not entitled to receive payment for	5556
vacation leave denied in any pay period in which the employee's	5557
vacation leave credit is not at, or will not reach in the	5558
immediately following pay period, the maximum of accrual for three	5559
years. Any vacation leave for which an employee receives payment	5560
shall be deducted from the employee's vacation leave balance.	5561
Payment shall not be made for any leave accrued in the same	5562
calendar year in which the payment is made.	5563

(C) Upon separation from state service, an employee granted	5564
leave under this section is entitled to compensation at the	5565
employee's current rate of pay for all unused vacation leave	5566
accrued under this section or section 124.13 of the Revised Code	5567
to the employee's credit. In case of transfer of an employee from	5568
one state agency to another, the employee shall retain the accrued	5569
and unused vacation leave. In case of the death of an employee,	5570
the unused vacation leave shall be paid in accordance with section	5571
2113.04 of the Revised Code, or to the employee's estate. An	5572
employee serving in a temporary work level who is eligible to	5573
receive compensation under this division shall be compensated at	5574
the base rate of pay of the employee's normal classification.	5575

Sec. 124.14. (A)(1) The director of administrative services	5576
shall establish, and may modify or rescind, by rule, a job	5577
classification plan for all positions, offices, and employments	5578
the salaries of which are paid in whole or in part by the state.	5579
The director shall group jobs within a classification so that the	5580
positions are similar enough in duties and responsibilities to be	5581
described by the same title, to have the same pay assigned with	5582
equity, and to have the same qualifications for selection applied.	5583
The director shall, by rule, assign a classification title to each	5584
classification within the classification plan. However, the	5585
director shall consider in establishing classifications, including	5586
classifications with parenthetical titles, and assigning pay	5587
ranges such factors as duties performed only on one shift, special	5588
skills in short supply in the labor market, recruitment problems,	5589
separation rates, comparative salary rates, the amount of training	5590
required, and other conditions affecting employment. The director	5591
shall describe the duties and responsibilities of the class,	5592
establish the qualifications for being employed in each position	5593
in the class, and file with the secretary of state a copy of	5594
specifications for all of the classifications. The director shall	5595
file new, additional, or revised specifications with the secretary	5596
of state before they are used.	5597

The director shall, by rule, assign each classification,	5598
either on a statewide basis or in particular counties or state	5599
institutions, to a pay range established under section 124.15 or	5600
section 124.152 of the Revised Code. The director may assign a	5601
classification to a pay range on a temporary basis for a period of	5602
six months. The director may establish, by rule adopted under	5603
Chapter 119. of the Revised Code, experimental classification	5604
plans for some or all employees paid directly by warrant of the	5605
director of budget and management. The rule shall include	5606
specifications for each classification within the plan and shall	5607
specifically address compensation ranges, and methods for	5608
advancing within the ranges, for the classifications, which may be	5609
assigned to pay ranges other than the pay ranges established under	5610
section 124.15 or 124.152 of the Revised Code.	5611

(2) The director of administrative services may reassign to a	5612
proper classification those positions that have been assigned to	5613
an improper classification. If the compensation of an employee in	5614
such a reassigned position exceeds the maximum rate of pay for the	5615
employee's new classification, the employee shall be placed in pay	5616
step X and shall not receive an increase in compensation until the	5617
maximum rate of pay for that classification exceeds the employee's	5618
compensation.	5619

(3) The director may reassign an exempt employee, as defined	5620
in section 124.152 of the Revised Code, to a bargaining unit	5621
classification if the director determines that the bargaining unit	5622
classification is the proper classification for that employee.	5623
Notwithstanding Chapter 4117. of the Revised Code or instruments	5624
and contracts negotiated under it, these placements are at the	5625
director's discretion.	5626

(4) The director shall, by rule, assign related	5627
classifications, which form a career progression, to a	5628
classification series. The director shall, by rule, assign each	5629
classification in the classification plan a five-digit number, the	5630
first four digits of which shall denote the classification series	5631
to which the classification is assigned. When a career progression	5632
encompasses more than ten classifications, the director shall, by	5633
rule, identify the additional classifications belonging to a	5634
classification series. The additional classifications shall be	5635
part of the classification series, notwithstanding the fact that	5636
the first four digits of the number assigned to the additional	5637
classifications do not correspond to the first four digits of the	5638
numbers assigned to other classifications in the classification	5639
series.	5640

(5) The director~~, in accordance with rules adopted under~~	5641
~~Chapter 119. of the Revised Code, shall establish, and~~ may	5642
establish, modify, or rescind, a classification plan for county	5643
agencies that elect not to use the services and facilities of a	5644
county personnel department. The director shall establish any such	5645
classification plan by means of rules adopted under Chapter 119.	5646
of the Revised Code. The rules shall include a methodology for the	5647
establishment of titles unique to county agencies, the use of	5648
state classification titles and classification specifications for	5649
common positions, the criteria for a county to meet in	5650
establishing its own classification plan, and the establishment of	5651
what constitutes a classification series for county agencies. The	5652
director may assess a county agency that chooses to use the	5653
classification plan a usage fee the director determines. All usage	5654
fees the department of administrative services receives shall be	5655
paid into the state treasury to the credit of the human resources	5656
fund created in section 124.07 of the Revised Code.	5657

(B) Division (A) of this section and sections 124.15 and	5658
124.152 of the Revised Code do not apply to the following persons,	5659
positions, offices, and employments:	5660

(1) Elected officials;

5661

(2) Legislative employees, employees of the legislative	5662
service commission, employees in the office of the governor,	5663
employees who are in the unclassified civil service and exempt	5664
from collective bargaining coverage in the office of the secretary	5665
of state, auditor of state, treasurer of state, and attorney	5666
general, and employees of the supreme court;	5667

(3) Employees of a county children services board that	5668
establishes compensation rates under section 5153.12 of the	5669
Revised Code;	5670

(4) Any position for which the authority to determine	5671
compensation is given by law to another individual or entity;	5672

(5) Employees of the bureau of workers' compensation whose	5673
compensation the administrator of workers' compensation	5674
establishes under division (B) of section 4121.121 of the Revised	5675
Code.	5676

(C) The director may employ a consulting agency to aid and	5677
assist the director in carrying out this section.	5678

(D)(1) When the director proposes to modify a classification	5679
or the assignment of classes to appropriate pay ranges, the	5680
director shall send written notice of the proposed rule to the	5681
appointing authorities of the affected employees thirty days	5682
before a hearing on the proposed rule. The appointing authorities	5683
shall notify the affected employees regarding the proposed rule.	5684
The director also shall send those appointing authorities notice	5685
of any final rule that is adopted within ten days after adoption.	5686

(2) When the director proposes to reclassify any employee so	5687
that the employee is adversely affected, the director shall give	5688
to the employee affected and to the employee's appointing	5689
authority a written notice setting forth the proposed new	5690
classification, pay range, and salary. Upon the request of any	5691
classified employee who is not serving in a probationary period,	5692
the director shall perform a job audit to review the	5693
classification of the employee's position to determine whether the	5694
position is properly classified. The director shall give to the	5695
employee affected and to the employee's appointing authority a	5696
written notice of the director's determination whether or not to	5697
reclassify the position or to reassign the employee to another	5698
classification. An employee or appointing authority desiring a	5699
hearing shall file a written request for the hearing with the	5700
state personnel board of review within thirty days after receiving	5701
the notice. The board shall set the matter for a hearing and	5702
notify the employee and appointing authority of the time and place	5703
of the hearing. The employee, the appointing authority, or any	5704
authorized representative of the employee who wishes to submit	5705
facts for the consideration of the board shall be afforded	5706
reasonable opportunity to do so. After the hearing, the board	5707
shall consider anew the reclassification and may order the	5708
reclassification of the employee and require the director to	5709
assign the employee to such appropriate classification as the	5710
facts and evidence warrant. As provided in division (A)(1) of	5711
section 124.03 of the Revised Code, the board may determine the	5712
most appropriate classification for the position of any employee	5713
coming before the board, with or without a job audit. The board	5714
shall disallow any reclassification or reassignment classification	5715
of any employee when it finds that changes have been made in the	5716
duties and responsibilities of any particular employee for	5717
political, religious, or other unjust reasons.	5718

(E)(1) Employees of each county department of job and family	5719
services shall be paid a salary or wage established by the board	5720
of county commissioners. The provisions of section 124.18 of the	5721
Revised Code concerning the standard work week apply to employees	5722
of county departments of job and family services. A board of	5723
county commissioners may do either of the following:	5724

(a) Notwithstanding any other section of the Revised Code,	5725
supplement the sick leave, vacation leave, personal leave, and	5726
other benefits of any employee of the county department of job and	5727
family services of that county, if the employee is eligible for	5728
the supplement under a written policy providing for the	5729
supplement;	5730

(b) Notwithstanding any other section of the Revised Code,	5731
establish alternative schedules of sick leave, vacation leave,	5732
personal leave, or other benefits for employees not inconsistent	5733
with the provisions of a collective bargaining agreement covering	5734
the affected employees.	5735

(2) Division (E)(1) of this section does not apply to	5736
employees for whom the state employment relations board	5737
establishes appropriate bargaining units pursuant to section	5738
4117.06 of the Revised Code, except in either of the following	5739
situations:	5740

(a) The employees for whom the state employment relations	5741
board establishes appropriate bargaining units elect no	5742
representative in a board-conducted representation election.	5743

(b) After the state employment relations board establishes	5744
appropriate bargaining units for such employees, all employee	5745
organizations withdraw from a representation election.	5746

(F)(1) Notwithstanding any contrary provision of sections	5747
124.01 to 124.64 of the Revised Code, the board of trustees of	5748
each state university or college, as defined in section 3345.12 of	5749
the Revised Code, shall carry out all matters of governance	5750
involving the officers and employees of the university or college,	5751
including, but not limited to, the powers, duties, and functions	5752
of the department of administrative services and the director of	5753
administrative services specified in this chapter. Officers and	5754
employees of a state university or college shall have the right of	5755
appeal to the state personnel board of review as provided in this	5756
chapter.	5757

(2) Each board of trustees shall adopt rules under section	5758
111.15 of the Revised Code to carry out the matters of governance	5759
described in division (F)(1) of this section. Until the board of	5760
trustees adopts those rules, a state university or college shall	5761
continue to operate pursuant to the applicable rules adopted by	5762
the director of administrative services under this chapter.	5763

(G)(1) Each board of county commissioners may, by a	5764
resolution adopted by a majority of its members, establish a	5765
county personnel department to exercise the powers, duties, and	5766
functions specified in division (G) of this section. As used in	5767
division (G) of this section, "county personnel department" means	5768
a county personnel department established by a board of county	5769
commissioners under division (G)(1) of this section.	5770

(2)(a) Each board of county commissioners, by a resolution	5771
adopted by a majority of its members, may designate the county	5772
personnel department of the county to exercise the powers, duties,	5773
and functions ~~of the department of administrative services and the~~	5774
~~director of administrative services~~ specified in sections 124.01	5775
to 124.64 and Chapter 325. of the Revised Code with regard to	5776
employees in the service of the county, except for the powers and	5777
duties of the state personnel board of review, which powers and	5778
duties shall not be construed as having been modified or	5779
diminished in any manner by division (G)(2) of this section, with	5780
respect to the employees for whom the board of county	5781
commissioners is the appointing authority or co-appointing	5782
authority. ~~The board of county commissioners shall deliver a~~	5783
~~certified copy of the resolution to the director of administrative~~	5784
~~services not later than ten working days after the resolution is~~	5785
~~adopted, and the director shall inform the board in a writing sent~~	5786
~~by certified mail of the date of receipt of the copy of the~~	5787
~~resolution.~~	5788

(b) ~~Upon the director's receipt of the copy of the~~	5789
~~resolution, the powers, duties, and functions referred to in~~	5790
~~division (G)(2)(a) of this section that may be exercised shall be~~	5791
~~vested in and assigned to the county personnel department with~~	5792
~~respect to the employees for whom the board of county~~	5793
~~commissioners is the appointing authority or co-appointing~~	5794
~~authority.~~	5795

~~(c)~~ Nothing in division (G)(2) of this section shall be	5796
construed to limit the right of any employee who possesses the	5797
right of appeal to the state personnel board of review to continue	5798
to possess that right of appeal.	5799

~~(d)~~(c) Any board of county commissioners that has established	5800
a county personnel department may contract with the department of	5801
administrative services, another political subdivision, or an	5802
appropriate public or private entity to provide competitive	5803
testing services or other appropriate services.	5804

(3) After the county personnel department of a county has	5805
~~assumed the powers, duties, and functions of the department of~~	5806
~~administrative services and the director of administrative~~	5807
~~services~~been established as described in division (G)(2) of this	5808
section, any elected official, board, agency, or other appointing	5809
authority of that county, upon written notification to the	5810
~~director~~county personnel department, may elect to use the	5811
services and facilities of the county personnel department. Upon	5812
~~the acceptance by the director of that written notification~~	5813
receipt of the notification by the county personnel department,	5814
the county personnel department shall exercise the powers, duties,	5815
and functions ~~of the department of administrative services and the~~	5816
~~director~~ as described in division (G)(2) of this section with	5817
respect to the employees of that elected official, board, agency,	5818
or other appointing authority. ~~The director shall inform the~~	5819
~~elected official, board, agency, or other appointing authority in~~	5820
~~a writing sent by certified mail of the date of acceptance of that~~	5821
~~written notification. Except for those employees under the~~	5822
~~jurisdiction of the county personnel department, the director~~	5823
~~shall continue to exercise these powers, duties, and functions~~	5824
~~with respect to employees of the county.~~	5825

(4) ~~When at least two years have passed since the creation of~~	5826
~~a county personnel department, a~~Each board of county	5827
commissioners, by a resolution adopted by a majority of its	5828
members, may disband the county personnel department ~~and return to~~	5829
~~the department of administrative services for the administration~~	5830
~~of sections 124.01 to 124.64 and Chapter 325. of the Revised Code~~.	5831
~~The board shall deliver a certified copy of the resolution to the~~	5832
~~director of administrative services not later than ten working~~	5833
~~days after the resolution is adopted, and the director shall~~	5834
~~inform the board in a writing sent by certified mail of the date~~	5835
~~of receipt of the copy of the resolution. Upon the director's~~	5836
~~receipt of the copy of the resolution, all powers, duties, and~~	5837
~~functions previously vested in and assigned to the county~~	5838
~~personnel department shall return to the director.~~	5839

(5) ~~When at least two years have passed since electing to use~~	5840
~~the services and facilities of a county personnel department, an~~	5841
Any elected official, board, agency, or appointing authority of a	5842
county may ~~return to the department of administrative services for~~	5843
~~the administration of sections 124.01 to 124.64 and Chapter 325.~~	5844
~~of the Revised Code. The elected official, board, agency, or~~	5845
~~appointing authority shall send the director of administrative~~	5846
~~services a certified copy of the resolution that states its~~	5847
~~decision to return to the department of administrative services'~~	5848
~~jurisdiction, and the director shall inform the elected official,~~	5849
~~board, agency, or appointing authority in a writing sent by~~	5850
~~certified mail of the date of receipt of the copy of the~~	5851
~~resolution. Upon the director's receipt of the copy of the~~	5852
~~resolution, all powers, duties, and functions previously vested in~~	5853
~~and assigned to the county personnel department with respect to~~	5854
~~the employees of that elected official, board, agency, or~~	5855
~~appointing authority shall return to the director~~end its	5856
involvement with a county personnel department upon actual receipt	5857
by the department of a certified copy of the notification that	5858
contains the decision to no longer participate.	5859

(6) The director of administrative services may, by rule	5860
adopted in accordance with Chapter 119. of the Revised Code, ~~shall~~	5861
prescribe criteria and procedures for ~~granting to each county~~	5862
~~personnel department the powers, duties, and functions of the~~	5863
~~department of administrative services and the director as~~	5864
~~described in division (G)(2) of this section with respect to the~~	5865
~~employees of an elected official, board, agency, or other~~	5866
~~appointing authority or co-appointing authority. The rules shall~~	5867
~~cover the following criteria and procedures:~~	5868

~~(a) The notification to the department of administrative~~	5869
~~services that an elected official, board, agency, or other~~	5870
~~appointing authority of a county has elected to use the services~~	5871
~~and facilities of the county personnel department;~~the following:	5872

~~(b)~~(a) A requirement that each county personnel department,	5873
in carrying out its duties, adhere to merit system principles with	5874
regard to employees of county departments of job and family	5875
services, child support enforcement agencies, and public child	5876
welfare agencies so that there is no threatened loss of federal	5877
funding for these agencies, and a requirement that the county be	5878
financially liable to the state for any loss of federal funds due	5879
to the action or inaction of the county personnel department. The	5880
costs associated with audits conducted to monitor compliance with	5881
division (G)(6)~~(b)~~(a) of this section shall be ~~borne equally by~~	5882
reimbursed to the department of administrative services ~~and the~~	5883
~~county~~as determined by the director. All money the department	5884
receives for these audits shall be paid into the state treasury to	5885
the credit of the human resources fund created in section 124.07	5886
of the Revised Code.	5887

~~(c) The termination of services and facilities rendered by~~	5888
~~the department of administrative services, to include rate~~	5889
~~adjustments, time periods for termination, and other related~~	5890
~~matters;~~	5891

~~(d)~~(b) Authorization for the director of administrative	5892
services to conduct periodic audits and reviews of county	5893
personnel departments to guarantee the uniform application of ~~this~~	5894
~~granting of~~ the ~~director's~~ powers, duties, and functions exercised	5895
pursuant to division (G)(2)(a) of this section. The costs of the	5896
audits and reviews shall be ~~borne equally by~~reimbursed to the	5897
department of administrative services ~~and~~as determined by the	5898
director by the county for which the services are performed. All	5899
money the department receives shall be paid into the state	5900
treasury to the credit of the human resources fund created in	5901
section 124.07 of the Revised Code.	5902

~~(e) The dissemination of audit findings under division~~	5903
~~(G)(6)(d) of this section, any appeals process relating to adverse~~	5904
~~findings by the department, and the methods whereby the county~~	5905
~~personnel program will revert to the authority of the director of~~	5906
~~administrative services due to misuse or nonuniform application of~~	5907
~~the authority granted to the county under division (G)(2) or (3)~~	5908
~~of this section.~~	5909

(H) The director of administrative services shall establish	5910
the rate and method of compensation for all employees who are paid	5911
directly by warrant of the director of budget and management and	5912
who are serving in positions that the director of administrative	5913
services has determined impracticable to include in the state job	5914
classification plan. This division does not apply to elected	5915
officials, legislative employees, employees of the legislative	5916
service commission, employees who are in the unclassified civil	5917
service and exempt from collective bargaining coverage in the	5918
office of the secretary of state, auditor of state, treasurer of	5919
state, and attorney general, employees of the courts, employees of	5920
the bureau of workers' compensation whose compensation the	5921
administrator of workers' compensation establishes under division	5922
(B) of section 4121.121 of the Revised Code, or employees of an	5923
appointing authority authorized by law to fix the compensation of	5924
those employees.	5925

(I) The director shall set the rate of compensation for all	5926
intermittent, seasonal, temporary, emergency, and casual employees	5927
in the service of the state who are not considered public	5928
employees under section 4117.01 of the Revised Code. Those	5929
employees are not entitled to receive employee benefits. This rate	5930
of compensation shall be equitable in terms of the rate of	5931
employees serving in the same or similar classifications. This	5932
division does not apply to elected officials, legislative	5933
employees, employees of the legislative service commission,	5934
employees who are in the unclassified civil service and exempt	5935
from collective bargaining coverage in the office of the secretary	5936
of state, auditor of state, treasurer of state, and attorney	5937
general, employees of the courts, employees of the bureau of	5938
workers' compensation whose compensation the administrator	5939
establishes under division (B) of section 4121.121 of the Revised	5940
Code, or employees of an appointing authority authorized by law to	5941
fix the compensation of those employees.	5942

Sec. 124.15. (A) Board and commission members appointed	5943
prior to July 1, 1991, shall be paid a salary or wage in	5944
accordance with the following schedules of rates:	5945

Schedule B	5946

Pay Ranges and Step Values	5947

Range		Step 1	Step 2	Step 3	Step 4	5948
23	Hourly	5.72	5.91	6.10	6.31	5949
	Annually	11897.60	12292.80	12688.00	13124.80	5950
Step 5	Step 6				5951
	Hourly	6.52	6.75			5952
	Annually	13561.60	14040.00			5953
Step 1	Step 2	Step 3	Step 4		5954
24	Hourly	6.00	6.20	6.41	6.63	5955
	Annually	12480.00	12896.00	13332.80	13790.40	5956
Step 5	Step 6				5957
	Hourly	6.87	7.10			5958
	Annually	14289.60	14768.00			5959
Step 1	Step 2	Step 3	Step 4		5960
25	Hourly	6.31	6.52	6.75	6.99	5961
	Annually	13124.80	13561.60	14040.00	14539.20	5962
Step 5	Step 6				5963
	Hourly	7.23	7.41			5964
	Annually	15038.40	15412.80			5965
Step 1	Step 2	Step 3	Step 4		5966
26	Hourly	6.63	6.87	7.10	7.32	5967
	Annually	13790.40	14289.60	14768.00	15225.60	5968
Step 5	Step 6				5969
	Hourly	7.53	7.77			5970
	Annually	15662.40	16161.60			5971
Step 1	Step 2	Step 3	Step 4		5972
27	Hourly	6.99	7.23	7.41	7.64	5973
	Annually	14534.20	15038.40	15412.80	15891.20	5974
Step 5	Step 6	Step 7			5975
	Hourly	7.88	8.15	8.46		5976
	Annually	16390.40	16952.00	17596.80		5977
Step 1	Step 2	Step 3	Step 4		5978
28	Hourly	7.41	7.64	7.88	8.15	5979
	Annually	15412.80	15891.20	16390.40	16952.00	5980
Step 5	Step 6	Step 7			5981
	Hourly	8.46	8.79	9.15		5982
	Annually	17596.80	18283.20	19032.00		5983
Step 1	Step 2	Step 3	Step 4		5984
29	Hourly	7.88	8.15	8.46	8.79	5985
	Annually	16390.40	16952.00	17596.80	18283.20	5986
Step 5	Step 6	Step 7			5987
	Hourly	9.15	9.58	10.01		5988
	Annually	19032.00	19926.40	20820.80		5989
Step 1	Step 2	Step 3	Step 4		5990
30	Hourly	8.46	8.79	9.15	9.58	5991
	Annually	17596.80	18283.20	19032.00	19926.40	5992
Step 5	Step 6	Step 7			5993
	Hourly	10.01	10.46	10.99		5994
	Annually	20820.80	21756.80	22859.20		5995
Step 1	Step 2	Step 3	Step 4		5996
31	Hourly	9.15	9.58	10.01	10.46	5997
	Annually	19032.00	19962.40	20820.80	21756.80	5998
Step 5	Step 6	Step 7			5999
	Hourly	10.99	11.52	12.09		6000
	Annually	22859.20	23961.60	25147.20		6001
Step 1	Step 2	Step 3	Step 4		6002
32	Hourly	10.01	10.46	10.99	11.52	6003
	Annually	20820.80	21756.80	22859.20	23961.60	6004
Step 5	Step 6	Step 7	Step 8		6005
	Hourly	12.09	12.68	13.29	13.94	6006
	Annually	25147.20	26374.40	27643.20	28995.20	6007
Step 1	Step 2	Step 3	Step 4		6008
33	Hourly	10.99	11.52	12.09	12.68	6009
	Annually	22859.20	23961.60	25147.20	26374.40	6010
Step 5	Step 6	Step 7	Step 8		6011
	Hourly	13.29	13.94	14.63	15.35	6012
	Annually	27643.20	28995.20	30430.40	31928.00	6013
Step 1	Step 2	Step 3	Step 4		6014
34	Hourly	12.09	12.68	13.29	13.94	6015
	Annually	25147.20	26374.40	27643.20	28995.20	6016
Step 5	Step 6	Step 7	Step 8		6017
	Hourly	14.63	15.35	16.11	16.91	6018
	Annually	30430.40	31928.00	33508.80	35172.80	6019
Step 1	Step 2	Step 3	Step 4		6020
35	Hourly	13.29	13.94	14.63	15.35	6021
	Annually	27643.20	28995.20	30430.40	31928.00	6022
Step 5	Step 6	Step 7	Step 8		6023
	Hourly	16.11	16.91	17.73	18.62	6024
	Annually	33508.80	35172.80	36878.40	38729.60	6025
Step 1	Step 2	Step 3	Step 4		6026
36	Hourly	14.63	15.35	16.11	16.91	6027
	Annually	30430.40	31928.00	33508.80	35172.80	6028
Step 5	Step 6	Step 7	Step 8		6029
	Hourly	17.73	18.62	19.54	20.51	6030
	Annually	36878.40	38729.60	40643.20	42660.80	6031

Schedule C	6032

Pay Range and Values	6033

Range		Minimum	Maximum	6034
41 Hourly		10.44	15.72	6035
	Annually	21715.20	32697.60	6036
42 Hourly		11.51	17.35	6037
	Annually	23940.80	36088.00	6038
43 Hourly		12.68	19.12	6039
	Annually	26374.40	39769.60	6040
44 Hourly		13.99	20.87	6041
	Annually	29099.20	43409.60	6042
45 Hourly		15.44	22.80	6043
	Annually	32115.20	47424.00	6044
46 Hourly		17.01	24.90	6045
	Annually	35380.80	51792.00	6046
47 Hourly		18.75	27.18	6047
	Annually	39000.00	56534.40	6048
48 Hourly		20.67	29.69	6049
	Annually	42993.60	61755.20	6050
49 Hourly		22.80	32.06	6051
	Annually	47424.00	66684.80	6052

(B) The pay schedule of all employees shall be on a biweekly	6053
basis, with amounts computed on an hourly basis.	6054

(C) Part-time employees shall be compensated on an hourly	6055
basis for time worked, at the rates shown in division (A) of this	6056
section or in section 124.152 of the Revised Code.	6057

(D) The salary and wage rates in division (A) of this section	6058
or in section 124.152 of the Revised Code represent base rates of	6059
compensation and may be augmented by the provisions of section	6060
124.181 of the Revised Code. In those cases where lodging, meals,	6061
laundry, or other personal services are furnished an employee in	6062
the service of the state, the actual costs or fair market value of	6063
the personal services shall be paid by the employee in such	6064
amounts and manner as determined by the director of administrative	6065
services and approved by the director of budget and management,	6066
and those personal services shall not be considered as a part of	6067
the employee's compensation. An appointing authority that appoints	6068
employees in the service of the state, with the approval of the	6069
director of administrative services and the director of budget and	6070
management, may establish payments to employees for uniforms,	6071
tools, equipment, and other requirements of the department and	6072
payments for the maintenance of them.	6073

The director of administrative services may review collective	6074
bargaining agreements entered into under Chapter 4117. of the	6075
Revised Code that cover employees in the service of the state and	6076
determine whether certain benefits or payments provided to the	6077
employees covered by those agreements should also be provided to	6078
employees in the service of the state who are exempt from	6079
collective bargaining coverage and are paid in accordance with	6080
section 124.152 of the Revised Code or are listed in division	6081
(B)(2) or (4) of section 124.14 of the Revised Code. On completing	6082
the review, the director of administrative services, with the	6083
approval of the director of budget and management, may provide to	6084
some or all of these employees any payment or benefit, except for	6085
salary, contained in such a collective bargaining agreement even	6086
if it is similar to a payment or benefit already provided by law	6087
to some or all of these employees. Any payment or benefit so	6088
provided shall not exceed the highest level for that payment or	6089
benefit specified in such a collective bargaining agreement. The	6090
director of administrative services shall not provide, and the	6091
director of budget and management shall not approve, any payment	6092
or benefit to such an employee under this division unless the	6093
payment or benefit is provided pursuant to a collective bargaining	6094
agreement to a state employee who is in a position with similar	6095
duties as, is supervised by, or is employed by the same appointing	6096
authority as, the employee to whom the benefit or payment is to be	6097
provided.	6098

As used in this division, "payment or benefit already	6099
provided by law" includes, but is not limited to, bereavement,	6100
personal, vacation, administrative, and sick leave, disability	6101
benefits, holiday pay, and pay supplements provided under the	6102
Revised Code, but does not include wages or salary.	6103

(E) New employees paid in accordance with schedule B of	6104
division (A) of this section or schedule E-1 of section 124.152 of	6105
the Revised Code shall be employed at the minimum rate established	6106
for the range unless otherwise provided. Employees with	6107
qualifications that are beyond the minimum normally required for	6108
the position and that are determined by the director to be	6109
exceptional may be employed in, or may be transferred or promoted	6110
to, a position at an advanced step of the range. Further, in time	6111
of a serious labor market condition when it is relatively	6112
impossible to recruit employees at the minimum rate for a	6113
particular classification, the entrance rate may be set at an	6114
advanced step in the range by the director of administrative	6115
services. This rate may be limited to geographical regions of the	6116
state. Appointments made to an advanced step under the provision	6117
regarding exceptional qualifications shall not affect the step	6118
assignment of employees already serving. However, anytime the	6119
hiring rate of an entire classification is advanced to a higher	6120
step, all incumbents of that classification being paid at a step	6121
lower than that being used for hiring, shall be advanced beginning	6122
at the start of the first pay period thereafter to the new hiring	6123
rate, and any time accrued at the lower step will be used to	6124
calculate advancement to a succeeding step. If the hiring rate of	6125
a classification is increased for only a geographical region of	6126
the state, only incumbents who work in that geographical region	6127
shall be advanced to a higher step. When an employee in the	6128
unclassified service changes from one state position to another or	6129
is appointed to a position in the classified service, or if an	6130
employee in the classified service is appointed to a position in	6131
the unclassified service, the employee's salary or wage in the new	6132
position shall be determined in the same manner as if the employee	6133
were an employee in the classified service. When an employee in	6134
the unclassified service who is not eligible for step increases is	6135
appointed to a classification in the classified service under	6136
which step increases are provided, future step increases shall be	6137
based on the date on which the employee last received a pay	6138
increase. If the employee has not received an increase during the	6139
previous year, the date of the appointment to the classified	6140
service shall be used to determine the employee's annual step	6141
advancement eligibility date. In reassigning any employee to a	6142
classification resulting in a pay range increase or to a new pay	6143
range as a result of a promotion, an increase pay range	6144
adjustment, or other classification change resulting in a pay	6145
range increase, the director shall assign such employee to the	6146
step in the new pay range that will provide an increase of	6147
approximately four per cent if the new pay range can accommodate	6148
the increase. When an employee is being assigned to a	6149
classification or new pay range as the result of a class plan	6150
change, if the employee has completed a probationary period, the	6151
employee shall be placed in a step no lower than step two of the	6152
new pay range. If the employee has not completed a probationary	6153
period, the employee may be placed in step one of the new pay	6154
range. Such new salary or wage shall become effective on such date	6155
as the director determines.	6156

(F) If employment conditions and the urgency of the work	6157
require such action, the director of administrative services may,	6158
upon the application of a department head, authorize payment at	6159
any rate established within the range for the class of work, for	6160
work of a casual or intermittent nature or on a project basis.	6161
Payment at such rates shall not be made to the same individual for	6162
more than three calendar months in any one calendar year. Any such	6163
action shall be subject to the approval of the director of budget	6164
and management as to the availability of funds. This section and	6165
sections 124.14 and 124.152 of the Revised Code do not repeal any	6166
authority of any department or public official to contract with or	6167
fix the compensation of professional persons who may be employed	6168
temporarily for work of a casual nature or for work on a project	6169
basis.	6170

(G)(1) Except as provided in ~~division~~divisions (G)(2) and	6171
(3) of this section, each state employee paid in accordance with	6172
schedule B of this section or schedule E-1 of section 124.152 of	6173
the Revised Code shall be eligible for advancement to succeeding	6174
steps in the range for the employee's class or grade according to	6175
the schedule established in this division. Beginning on the first	6176
day of the pay period within which the employee completes the	6177
prescribed probationary period in the employee's classification	6178
with the state, each employee shall receive an automatic salary	6179
adjustment equivalent to the next higher step within the pay	6180
range for the employee's class or grade.	6181

~~Each~~Except as provided in divisions (G)(2) and (3) of this	6182
section, each employee paid in accordance with schedule E-1 of	6183
section 124.152 of the Revised Code shall be eligible to advance	6184
to the next higher step until the employee reaches the top step	6185
in the range for the employee's class or grade, if the employee	6186
has maintained satisfactory performance in accordance with	6187
criteria established by the employee's appointing authority. Those	6188
step advancements shall not occur more frequently than once in	6189
any twelve-month period.	6190

~~When an employee is promoted or reassigned to a higher pay~~	6191
~~range, the employee's step indicator shall return to "0" or be~~	6192
~~adjusted to account for a probationary period, as appropriate.~~	6193
When an employee is promoted, the step entry date shall be set to	6194
account for a probationary period. When an employee is reassigned	6195
to a higher pay range, the step entry date shall be set to allow	6196
an employee who is not at the highest step of the range to receive	6197
a step advancement one year from the reassignment date. Step	6198
advancement shall not be affected by demotion. A promoted	6199
employee shall advance to the next higher step of the pay range on	6200
the first day of the pay period in which the required probationary	6201
period is completed. Step advancement shall become effective at	6202
the beginning of the pay period within which the employee attains	6203
the necessary length of service. Time spent on authorized leave of	6204
absence shall be counted for this purpose.	6205

If determined to be in the best interest of the state	6206
service, the director of administrative services may, either	6207
statewide or in selected agencies, adjust the dates on which	6208
annual step advancements are received by employees paid in	6209
accordance with schedule E-1 of section 124.152 of the Revised	6210
Code.	6211

(2)(a)~~(i) Except as provided in division (G)(2)(a)(ii) of~~	6212
~~this section, there~~There shall be a moratorium on annual step	6213
advancements under division (G)(1) of this section ~~from the pay~~	6214
~~period~~ beginning ~~June 29, 2003~~June 21, 2009, through ~~the pay~~	6215
~~period ending June 25, 2005~~June 20, 2011. Step advancements	6216
shall resume with the pay period beginning ~~June 26, 2005~~June 21,	6217
2011. Upon the resumption of step advancements, there shall be no	6218
retroactive step advancements for the period the moratorium was	6219
in effect. The moratorium shall not affect an employee's	6220
performance evaluation schedule.	6221

~~(ii) During the moratorium under division (G)(2)(a)(i) of~~	6222
~~this section, an employee who is hired or promoted and serves a~~	6223
~~probationary period in the employee's new position shall advance~~	6224
~~to the next step in the employee's pay range upon successful~~	6225
~~completion of the employee's probationary period. Thereafter, the~~	6226
~~employee is subject to the moratorium.~~An employee who begins a	6227
probationary period before June 21, 2009, shall advance to the	6228
next step in the employee's pay range at the end of probation, and	6229
then become subject to the moratorium. An employee who is hired,	6230
promoted, or reassigned to a higher pay range between June 21,	6231
2009, through June 20, 2011, shall not advance to the next step in	6232
the employee's pay range until the next anniversary of the	6233
employee's date of hire, promotion, or reassignment that occurs on	6234
or after June 21, 2011.	6235

(b) The moratorium under division (G)(2)(a)~~(i)~~ of this	6236
section shall apply to the employees of the secretary of state,	6237
the auditor of state, the treasurer of state, and the attorney	6238
general, who are subject to this section unless the secretary of	6239
state, the auditor of state, the treasurer of state, or the	6240
attorney general decides to exempt the office's employees from the	6241
moratorium and so notifies the director of administrative services	6242
in writing on or before ~~July 1, 2003~~July 1, 2009.	6243

(3) Employees in intermittent positions shall be employed at	6244
the minimum rate established for the pay range for their	6245
classification and are not eligible for step advancements.	6246

(H) Employees in appointive managerial or professional	6247
positions paid in accordance with schedule C of this section or	6248
schedule E-2 of section 124.152 of the Revised Code may be	6249
appointed at any rate within the appropriate pay range. This rate	6250
of pay may be adjusted higher or lower within the respective pay	6251
range at any time the appointing authority so desires as long as	6252
the adjustment is based on the employee's ability to successfully	6253
administer those duties assigned to the employee. Salary	6254
adjustments shall not be made more frequently than once in any	6255
six-month period under this provision to incumbents holding the	6256
same position and classification.	6257

(I) When an employee is assigned to duty outside this state,	6258
the employee may be compensated, upon request of the department	6259
head and with the approval of the director of administrative	6260
services, at a rate not to exceed fifty per cent in excess of the	6261
employee's current base rate for the period of time spent on that	6262
duty.	6263

(J) Unless compensation for members of a board or commission	6264
is otherwise specifically provided by law, the director of	6265
administrative services shall establish the rate and method of	6266
payment for members of boards and commissions pursuant to the pay	6267
schedules listed in section 124.152 of the Revised Code.	6268

(K) Regular full-time employees in positions assigned to	6269
classes within the instruction and education administration series	6270
under the rules of the director of administrative services, except	6271
certificated employees on the instructional staff of the state	6272
school for the blind or the state school for the deaf, whose	6273
positions are scheduled to work on the basis of an academic year	6274
rather than a full calendar year, shall be paid according to the	6275
pay range assigned by such rules but only during those pay periods	6276
included in the academic year of the school where the employee is	6277
located.	6278

(1) Part-time or substitute teachers or those whose period of	6279
employment is other than the full academic year shall be	6280
compensated for the actual time worked at the rate established by	6281
this section.	6282

(2) Employees governed by this division are exempt from	6283
sections 124.13 and 124.19 of the Revised Code.	6284

(3) Length of service for the purpose of determining	6285
eligibility for step advancements as provided by division (G) of	6286
this section and for the purpose of determining eligibility for	6287
longevity pay supplements as provided by division (E) of section	6288
124.181 of the Revised Code shall be computed on the basis of one	6289
full year of service for the completion of each academic year.	6290

(L) The superintendent of the state school for the deaf and	6291
the superintendent of the state school for the blind shall,	6292
subject to the approval of the superintendent of public	6293
instruction, carry out both of the following:	6294

(1) Annually, between the first day of April and the last day	6295
of June, establish for the ensuing fiscal year a schedule of	6296
hourly rates for the compensation of each certificated employee on	6297
the instructional staff of that superintendent's respective school	6298
constructed as follows:	6299

(a) Determine for each level of training, experience, and	6300
other professional qualification for which an hourly rate is set	6301
forth in the current schedule, the per cent that rate is of the	6302
rate set forth in such schedule for a teacher with a bachelor's	6303
degree and no experience. If there is more than one such rate for	6304
such a teacher, the lowest rate shall be used to make the	6305
computation.	6306

(b) Determine which six city, local, and exempted village	6307
school districts with territory in Franklin county have in effect	6308
on, or have adopted by, the first day of April for the school year	6309
that begins on the ensuing first day of July, teacher salary	6310
schedules with the highest minimum salaries for a teacher with a	6311
bachelor's degree and no experience;	6312

(c) Divide the sum of such six highest minimum salaries by	6313
ten thousand five hundred sixty;	6314

(d) Multiply each per cent determined in division (L)(1)(a)	6315
of this section by the quotient obtained in division (L)(1)(c) of	6316
this section;	6317

(e) One hundred five per cent of each product thus obtained	6318
shall be the hourly rate for the corresponding level of training,	6319
experience, or other professional qualification in the schedule	6320
for the ensuing fiscal year.	6321

(2) Annually, assign each certificated employee on the	6322
instructional staff of the superintendent's respective school to	6323
an hourly rate on the schedule that is commensurate with the	6324
employee's training, experience, and other professional	6325
qualifications.	6326

If an employee is employed on the basis of an academic year,	6327
the employee's annual salary shall be calculated by multiplying	6328
the employee's assigned hourly rate times one thousand seven	6329
hundred sixty. If an employee is not employed on the basis of an	6330
academic year, the employee's annual salary shall be calculated in	6331
accordance with the following formula:	6332

(a) Multiply the number of days the employee is required to	6333
work pursuant to the employee's contract by eight;	6334

(b) Multiply the product of division (L)(2)(a) of this	6335
section by the employee's assigned hourly rate.	6336

Each employee shall be paid an annual salary in biweekly	6337
installments. The amount of each installment shall be calculated	6338
by dividing the employee's annual salary by the number of biweekly	6339
installments to be paid during the year.	6340

Sections 124.13 and 124.19 of the Revised Code do not apply	6341
to an employee who is paid under this division.	6342

As used in this division, "academic year" means the number of	6343
days in each school year that the schools are required to be open	6344
for instruction with pupils in attendance. Upon completing an	6345
academic year, an employee paid under this division shall be	6346
deemed to have completed one year of service. An employee paid	6347
under this division is eligible to receive a pay supplement under	6348
division (L)(1), (2), or (3) of section 124.181 of the Revised	6349
Code for which the employee qualifies, but is not eligible to	6350
receive a pay supplement under division (L)(4) or (5) of that	6351
section. An employee paid under this division is eligible to	6352
receive a pay supplement under division (L)(6) of section 124.181	6353
of the Revised Code for which the employee qualifies, except that	6354
the supplement is not limited to a maximum of five per cent of the	6355
employee's regular base salary in a calendar year.	6356

(M) Division (A) of this section does not apply to "exempt	6357
employees," as defined in section 124.152 of the Revised Code, who	6358
are paid under that section.	6359

Notwithstanding any other provisions of this chapter, when an	6360
employee transfers between bargaining units or transfers out of or	6361
into a bargaining unit, the director of administrative services	6362
shall establish the employee's compensation and adjust the maximum	6363
leave accrual schedule as the director deems equitable.	6364

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	6365
and (3) of this section, each exempt employee shall be paid a	6366
salary or wage in accordance with schedule E-1 or schedule E-2 of	6367
division (B)~~, (C), or (D)~~ of this section~~, as applicable~~.	6368

(2) Each exempt employee who holds a position in the	6369
unclassified civil service pursuant to division (A)(26) or (30) of	6370
section 124.11 of the Revised Code may be paid a salary or wage in	6371
accordance with schedule E-1, schedule E-1 for step seven only, or	6372
schedule E-2 of division (B),or (C)~~, (D), (E), (F), or (G)~~ of	6373
this section, as applicable.	6374

(3)(a) Except as provided in division (A)(3)(b) of this	6375
section, each exempt employee who was paid a salary or wage at	6376
step 7 in the employee's pay range on June 28, 2003, in accordance	6377
with the applicable schedule E-1 of former section 124.152 of the	6378
Revised Code and who continued to be so paid on June 29, 2003,	6379
shall be paid a salary or wage in the corresponding pay range in	6380
schedule E-1 for step seven only of division ~~(E), (F), or (G)~~(C)	6381
of this section~~, as applicable,~~ for as long as the employee	6382
remains in the position the employee held as of July 1, 2003.	6383

(b) Except as provided in division (A)(3)(c) of this section,	6384
if an exempt employee who is being paid a salary or wage in	6385
accordance with schedule E-1 for step seven only of division ~~(E),~~	6386
~~(F), or (G)~~(C) of this section~~, as applicable,~~ moves to another	6387
position, the employee shall not receive a salary or wage for	6388
that position or any other position in the future in accordance	6389
with that schedule.	6390

(c) If an exempt employee who is being paid a salary or wage	6391
in accordance with schedule E-1 for step seven only of division	6392
~~(E), (F), or (G)~~(C) of this section~~, as applicable,~~ moves to	6393
another position assigned to pay range 12 or above, the	6394
appointing authority may assign the employee to be paid a salary	6395
or wage in the appropriate pay range for that position in	6396
accordance with the ~~applicable~~ schedule E-1 for step seven only	6397
of division (C) of this section, provided that the appointing	6398
authority so notifies the director of administrative services in	6399
writing at the time the employee is appointed to that position.	6400

(B) ~~Beginning on the first day of the pay period that~~	6401
~~includes July 1, 2006, each exempt employee who must be paid in~~	6402
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	6403
~~be paid a salary or wage in accordance with the following schedule~~	6404
~~of rates:~~	6405

~~Schedule E-1~~	6406

~~Pay Ranges and Step Values~~	6407

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	6408
	~~Range~~	1	2	3	4	5	6	6409
1	~~Hourly~~	~~9.40~~	~~9.82~~	~~10.24~~	~~10.68~~			6410
	~~Annually~~	~~19552~~	~~20426~~	~~21299~~	~~22214~~			6411
2	~~Hourly~~	~~11.40~~	~~11.88~~	~~12.40~~	~~12.94~~			6412
	~~Annually~~	~~23712~~	~~24710~~	~~25792~~	~~26915~~			6413
3	~~Hourly~~	~~11.94~~	~~12.48~~	~~13.03~~	~~13.60~~			6414
	~~Annually~~	~~24835~~	~~25958~~	~~27102~~	~~28288~~			6415
4	~~Hourly~~	~~12.54~~	~~13.10~~	~~13.72~~	~~14.34~~			6416
	~~Annually~~	~~26083~~	~~27248~~	~~28538~~	~~29827~~			6417
5	~~Hourly~~	~~13.15~~	~~13.75~~	~~14.34~~	~~14.97~~			6418
	~~Annually~~	~~27352~~	~~28600~~	~~29827~~	~~31138~~			6419
6	~~Hourly~~	~~13.86~~	~~14.43~~	~~15.07~~	~~15.69~~			6420
	~~Annually~~	~~28829~~	~~30014~~	~~31346~~	~~32635~~			6421
7	~~Hourly~~	~~14.72~~	~~15.27~~	~~15.88~~	~~16.44~~	~~17.08~~		6422
	~~Annually~~	~~30618~~	~~31762~~	~~33030~~	~~34195~~	~~35526~~		6423
8	~~Hourly~~	~~15.56~~	~~16.24~~	~~16.95~~	~~17.71~~	~~18.46~~		6424
	~~Annually~~	~~32365~~	~~33779~~	~~35256~~	~~36837~~	~~38397~~		6425
9	~~Hourly~~	~~16.60~~	~~17.46~~	~~18.32~~	~~19.23~~	~~20.21~~		6426
	~~Annually~~	~~34528~~	~~36317~~	~~38106~~	~~39998~~	~~42037~~		6427
10	~~Hourly~~	~~17.91~~	~~18.89~~	~~19.90~~	~~21.05~~	~~22.18~~		6428
	~~Annually~~	~~37253~~	~~39291~~	~~41392~~	~~43784~~	~~46134~~		6429
11	~~Hourly~~	~~19.50~~	~~20.64~~	~~21.84~~	~~23.06~~	~~24.38~~		6430
	~~Annually~~	~~40560~~	~~42931~~	~~45427~~	~~47965~~	~~50710~~		6431
12	~~Hourly~~	~~21.51~~	~~22.72~~	~~23.94~~	~~25.27~~	~~26.68~~	~~28.13~~	6432
	~~Annually~~	~~44741~~	~~47258~~	~~49795~~	~~52562~~	~~55494~~	~~58510~~	6433
13	~~Hourly~~	~~23.71~~	~~25.01~~	~~26.39~~	~~27.80~~	~~29.36~~	~~30.96~~	6434
	~~Annually~~	~~49317~~	~~52021~~	~~54891~~	~~57824~~	~~61069~~	~~64397~~	6435
14	~~Hourly~~	~~26.08~~	~~27.55~~	~~29.03~~	~~30.62~~	~~32.35~~	~~34.15~~	6436
	~~Annually~~	~~54246~~	~~57304~~	~~60382~~	~~63690~~	~~67288~~	~~71032~~	6437
15	~~Hourly~~	~~28.64~~	~~30.25~~	~~31.96~~	~~33.72~~	~~35.59~~	~~37.55~~	6438
	~~Annually~~	~~59571~~	~~62920~~	~~66477~~	~~70138~~	~~74027~~	~~78104~~	6439
16	~~Hourly~~	~~31.58~~	~~33.33~~	~~35.17~~	~~37.14~~	~~39.19~~	~~41.43~~	6440
	~~Annually~~	~~65686~~	~~69326~~	~~73154~~	~~77251~~	~~81515~~	~~86174~~	6441
17	~~Hourly~~	~~34.80~~	~~36.72~~	~~38.78~~	~~40.92~~	~~43.20~~	~~45.61~~	6442
	~~Annually~~	~~72384~~	~~76378~~	~~80662~~	~~85114~~	~~89856~~	~~94869~~	6443
18	~~Hourly~~	~~38.35~~	~~40.47~~	~~42.75~~	~~45.10~~	~~47.60~~	~~50.26~~	6444
	~~Annually~~	~~79768~~	~~84178~~	~~88920~~	~~93808~~	~~99008~~	~~104541~~	6445

~~Schedule E-2~~	6446

	~~Range~~	~~Minimum~~	~~Maximum~~	6447
41	~~Hourly~~	~~16.23~~	~~34.77~~	6448
	~~Annually~~	~~33758~~	~~72322~~	6449
42	~~Hourly~~	~~17.89~~	~~38.41~~	6450
	~~Annually~~	~~37211~~	~~79893~~	6451
43	~~Hourly~~	~~19.70~~	~~42.30~~	6452
	~~Annually~~	~~40976~~	~~87984~~	6453
44	~~Hourly~~	~~21.73~~	~~46.21~~	6454
	~~Annually~~	~~45198~~	~~96117~~	6455
45	~~Hourly~~	~~24.01~~	~~50.44~~	6456
	~~Annually~~	~~49941~~	~~104915~~	6457
46	~~Hourly~~	~~26.43~~	~~55.13~~	6458
	~~Annually~~	~~54974~~	~~114670~~	6459
47	~~Hourly~~	~~29.14~~	~~60.16~~	6460
	~~Annually~~	~~60611~~	~~125133~~	6461
48	~~Hourly~~	~~32.14~~	~~65.65~~	6462
	~~Annually~~	~~66851~~	~~136552~~	6463
49	~~Hourly~~	~~35.44~~	~~70.89~~	6464
	~~Annually~~	~~73715~~	~~147451~~	6465

~~(C) Beginning on the first day of the pay period that~~	6466
~~includes July 1, 2007, each exempt employee who must be paid in~~	6467
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	6468
~~be paid a salary or wage in accordance with the following schedule~~	6469
~~of rates:~~	6470

~~Schedule E-1~~	6471

~~Pay Ranges and Step Values~~	6472

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	6473
	~~Range~~	1	2	3	4	5	6	6474
1	~~Hourly~~	~~9.73~~	~~10.16~~	~~10.60~~	~~11.05~~			6475
	~~Annually~~	~~20238~~	~~21133~~	~~22048~~	~~22984~~			6476
2	~~Hourly~~	~~11.80~~	~~12.30~~	~~12.83~~	~~13.39~~			6477
	~~Annually~~	~~24544~~	~~25584~~	~~26686~~	~~27851~~			6478
3	~~Hourly~~	~~12.36~~	~~12.92~~	~~13.49~~	~~14.08~~			6479
	~~Annually~~	~~25709~~	~~26874~~	~~28059~~	~~29286~~			6480
4	~~Hourly~~	~~12.98~~	~~13.56~~	~~14.20~~	~~14.84~~			6481
	~~Annually~~	~~26998~~	~~28205~~	~~29536~~	~~30867~~			6482
5	~~Hourly~~	~~13.61~~	~~14.23~~	~~14.84~~	~~15.49~~			6483
	~~Annually~~	~~28309~~	~~29598~~	~~30867~~	~~32219~~			6484
6	~~Hourly~~	~~14.35~~	~~14.94~~	~~15.60~~	~~16.24~~			6485
	~~Annually~~	~~29848~~	~~31075~~	~~32448~~	~~33779~~			6486
7	~~Hourly~~	~~15.24~~	~~15.80~~	~~16.44~~	~~17.02~~	~~17.68~~		6487
	~~Annually~~	~~31699~~	~~32864~~	~~34195~~	~~35402~~	~~36774~~		6488
8	~~Hourly~~	~~16.10~~	~~16.81~~	~~17.54~~	~~18.33~~	~~19.11~~		6489
	~~Annually~~	~~33488~~	~~34965~~	~~36483~~	~~38126~~	~~39749~~		6490
9	~~Hourly~~	~~17.18~~	~~18.07~~	~~18.96~~	~~19.90~~	~~20.92~~		6491
	~~Annually~~	~~35734~~	~~37586~~	~~39437~~	~~41392~~	~~43514~~		6492
10	~~Hourly~~	~~18.54~~	~~19.55~~	~~20.60~~	~~21.79~~	~~22.96~~		6493
	~~Annually~~	~~38563~~	~~40664~~	~~42848~~	~~45323~~	~~47757~~		6494
11	~~Hourly~~	~~20.18~~	~~21.36~~	~~22.60~~	~~23.87~~	~~25.23~~		6495
	~~Annually~~	~~41974~~	~~44429~~	~~47008~~	~~49650~~	~~52478~~		6496
12	~~Hourly~~	~~22.26~~	~~23.52~~	~~24.78~~	~~26.15~~	~~27.61~~	~~29.11~~	6497
	~~Annually~~	~~46301~~	~~48922~~	~~51542~~	~~54392~~	~~57429~~	~~60549~~	6498
13	~~Hourly~~	~~24.54~~	~~25.89~~	~~27.31~~	~~28.77~~	~~30.39~~	~~32.04~~	6499
	~~Annually~~	~~51043~~	~~53851~~	~~56805~~	~~59842~~	~~63211~~	~~66643~~	6500
14	~~Hourly~~	~~26.99~~	~~28.51~~	~~30.05~~	~~31.69~~	~~33.48~~	~~35.35~~	6501
	~~Annually~~	~~56139~~	~~59301~~	~~62504~~	~~65915~~	~~69638~~	~~73528~~	6502
15	~~Hourly~~	~~29.64~~	~~31.31~~	~~33.08~~	~~34.90~~	~~36.84~~	~~38.86~~	6503
	~~Annually~~	~~61651~~	~~65125~~	~~68806~~	~~72592~~	~~76627~~	~~80829~~	6504
16	~~Hourly~~	~~32.69~~	~~34.50~~	~~36.40~~	~~38.44~~	~~40.56~~	~~42.88~~	6505
	~~Annually~~	~~67995~~	~~71760~~	~~75712~~	~~79955~~	~~84365~~	~~89190~~	6506
17	~~Hourly~~	~~36.02~~	~~38.01~~	~~40.14~~	~~42.35~~	~~44.71~~	~~47.21~~	6507
	~~Annually~~	~~74922~~	~~79061~~	~~83491~~	~~88088~~	~~92997~~	~~98197~~	6508
18	~~Hourly~~	~~39.69~~	~~41.89~~	~~44.25~~	~~46.68~~	~~49.27~~	~~52.02~~	6509
	~~Annually~~	~~82555~~	~~87131~~	~~92040~~	~~97094~~	~~102482~~	~~108202~~	6510

~~Schedule E-2~~	6511

	~~Range~~	~~Minimum~~	~~Maximum~~	6512
41	~~Hourly~~	~~16.23~~	~~35.99~~	6513
	~~Annually~~	~~33758~~	~~74859~~	6514
42	~~Hourly~~	~~17.89~~	~~39.75~~	6515
	~~Annually~~	~~37211~~	~~82680~~	6516
43	~~Hourly~~	~~19.70~~	~~43.78~~	6517
	~~Annually~~	~~40976~~	~~91062~~	6518
44	~~Hourly~~	~~21.73~~	~~47.83~~	6519
	~~Annually~~	~~45198~~	~~99486~~	6520
45	~~Hourly~~	~~24.01~~	~~52.21~~	6521
	~~Annually~~	~~49941~~	~~108597~~	6522
46	~~Hourly~~	~~26.43~~	~~57.06~~	6523
	~~Annually~~	~~54974~~	~~118685~~	6524
47	~~Hourly~~	~~29.14~~	~~62.27~~	6525
	~~Annually~~	~~60611~~	~~129522~~	6526
48	~~Hourly~~	~~32.14~~	~~67.95~~	6527
	~~Annually~~	~~66851~~	~~141336~~	6528
49	~~Hourly~~	~~35.44~~	~~73.37~~	6529
	~~Annually~~	~~73715~~	~~152610~~	6530

~~(D)~~ Beginning on the first day of the pay period that	6531
includes July 1, 2008, each exempt employee who must be paid in	6532
accordance with schedule E-1 or schedule E-2 of this section shall	6533
be paid a salary or wage in accordance with the following schedule	6534
of rates:	6535

Schedule E-1	6536

Pay Ranges and Step Values	6537

		Step	Step	Step	Step	Step	Step	6538
	Range	1	2	3	4	5	6	6539
1	Hourly	10.07	10.52	10.97	11.44			6540
	Annually	20946	21882	22818	23795			6541
2	Hourly	12.21	12.73	13.28	13.86			6542
	Annually	25397	26478	27622	28829			6543
3	Hourly	12.79	13.37	13.96	14.57			6544
	Annually	26603	27810	29037	30306			6545
4	Hourly	13.43	14.03	14.70	15.36			6546
	Annually	27934	29182	30576	31949			6547
5	Hourly	14.09	14.73	15.36	16.03			6548
	Annually	29307	30638	31949	33342			6549
6	Hourly	14.85	15.46	16.15	16.81			6550
	Annually	30888	32157	33592	34965			6551
7	Hourly	15.77	16.35	17.02	17.62	18.30		6552
	Annually	32802	34008	35402	36650	38064		6553
8	Hourly	16.66	17.40	18.15	18.97	19.78		6554
	Annually	34653	36192	37752	39458	41142		6555
9	Hourly	17.78	18.70	19.62	20.60	21.65		6556
	Annually	36982	38896	40810	42848	45032		6557
10	Hourly	19.19	20.23	21.32	22.55	23.76		6558
	Annually	39915	42078	44346	46904	49421		6559
11	Hourly	20.89	22.11	23.39	24.71	26.11		6560
	Annually	43451	45989	48651	51397	54309		6561
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	6562
	Annually	47923	50627	53352	56306	59446	62670	6563
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	6564
	Annually	52832	55744	58802	61942	65416	68973	6565
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	6566
	Annually	58094	61381	64688	68224	72072	76107	6567
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	6568
	Annually	63814	67413	71219	75130	79310	83658	6569
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	6570
	Annually	70366	74277	78354	82763	87318	92310	6571
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	6572
	Annually	77542	81827	86403	91166	96242	101629	6573
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	6574
	Annually	85446	90189	95264	100485	106059	111987	6575

Schedule E-2	6576

	Range	Minimum	Maximum	6577
41	Hourly	16.23	37.25	6578
	Annually	33758	77480	6579
42	Hourly	17.89	41.14	6580
	Annually	37211	85571	6581
43	Hourly	19.70	45.31	6582
	Annually	40976	94245	6583
44	Hourly	21.73	49.50	6584
	Annually	45198	102960	6585
45	Hourly	24.01	54.04	6586
	Annually	49941	112403	6587
46	Hourly	26.43	59.06	6588
	Annually	54974	122845	6589
47	Hourly	29.14	64.45	6590
	Annually	60611	134056	6591
48	Hourly	32.14	70.33	6592
	Annually	66851	146286	6593
49	Hourly	35.44	75.94	6594
	Annually	73715	157955	6595

~~(E) Beginning on the first day of the pay period that~~	6596
~~includes July 1, 2006, each exempt employee who must be paid in~~	6597
~~accordance with schedule E-1 for step seven only shall be paid a~~	6598
~~salary or wage in accordance with the following schedule of rates:~~	6599

~~Schedule E-1 for Step Seven Only~~	6600

~~Pay Ranges and Step Seven Values~~	6601

	~~Range~~		6602
12	~~Hourly~~	~~29.68~~	6603
	~~Annually~~	~~61734~~	6604
13	~~Hourly~~	~~32.66~~	6605
	~~Annually~~	~~67933~~	6606
14	~~Hourly~~	~~36.01~~	6607
	~~Annually~~	~~74901~~	6608
15	~~Hourly~~	~~39.61~~	6609
	~~Annually~~	~~82389~~	6610
16	~~Hourly~~	~~43.70~~	6611
	~~Annually~~	~~90896~~	6612
17	~~Hourly~~	~~48.13~~	6613
	~~Annually~~	~~100110~~	6614
18	~~Hourly~~	~~53.02~~	6615
	~~Annually~~	~~110282~~	6616

~~(F) Beginning on the first day of the pay period that~~	6617
~~includes July 1, 2007, each exempt employee who must be paid in~~	6618
~~accordance with schedule E-1 for step seven only shall be paid a~~	6619
~~salary or wage in accordance with the following schedule of rates:~~	6620

~~Schedule E-1 for Step Seven Only~~	6621

~~Pay Ranges and Step Values~~	6622

	~~Range~~		6623
12	~~Hourly~~	~~30.72~~	6624
	~~Annually~~	~~63898~~	6625
13	~~Hourly~~	~~33.80~~	6626
	~~Annually~~	~~70304~~	6627
14	~~Hourly~~	~~37.27~~	6628
	~~Annually~~	~~77522~~	6629
15	~~Hourly~~	~~41.00~~	6630
	~~Annually~~	~~85280~~	6631
16	~~Hourly~~	~~45.23~~	6632
	~~Annually~~	~~94078~~	6633
17	~~Hourly~~	~~49.81~~	6634
	~~Annually~~	~~103605~~	6635
18	~~Hourly~~	~~54.88~~	6636
	~~Annually~~	~~114150~~	6637

~~(G)~~(C) Beginning on the first day of the pay period that	6638
includes July 1, 2008, each exempt employee who must be paid in	6639
accordance with salary schedule E-1 for step seven only shall be	6640
paid a salary or wage in accordance with the following schedule of	6641
rates:	6642

Schedule E-1 for Step Seven Only	6643

Pay Ranges and Step Values	6644

	Range		6645
12	Hourly	31.80	6646
	Annually	66144	6647
13	Hourly	34.98	6648
	Annually	72758	6649
14	Hourly	38.57	6650
	Annually	80226	6651
15	Hourly	42.44	6652
	Annually	88275	6653
16	Hourly	46.81	6654
	Annually	97365	6655
17	Hourly	51.55	6656
	Annually	107224	6657
18	Hourly	56.80	6658
	Annually	118144	6659

~~(H)~~(D) As used in this section, "exempt employee" means a	6660
permanent full-time or permanent part-time employee paid directly	6661
by warrant of the director of budget and management whose position	6662
is included in the job classification plan established under	6663
division (A) of section 124.14 of the Revised Code but who is not	6664
considered a public employee for the purposes of Chapter 4117. of	6665
the Revised Code. As used in this section, "exempt employee" also	6666
includes a permanent full-time or permanent part-time employee of	6667
the secretary of state, auditor of state, treasurer of state, or	6668
attorney general who has not been placed in an appropriate	6669
bargaining unit by the state employment relations board.	6670

Sec. 124.18. (A) Forty hours shall be the standard work	6671
week for all employees whose salary or wage is paid in whole or in	6672
part by the state or by any state-supported college or university.	6673
When any employee whose salary or wage is paid in whole or in part	6674
by the state or by any state-supported college or university is	6675
required by an authorized administrative authority to be in an	6676
active pay status more than forty hours in any calendar week, the	6677
employee shall be compensated for such time over forty hours,	6678
except as otherwise provided in this section, at one and one-half	6679
times the employee's regular rate of pay. The use of sick leave or	6680
any leave used in lieu of sick leave shall not be considered to be	6681
active pay status for the purposes of earning overtime or	6682
compensatory time by employees whose wages are paid directly by	6683
warrant of the director of budget and management. A flexible-hours	6684
employee is not entitled to compensation for overtime work unless	6685
the employee's authorized administrative authority required the	6686
employee to be in active pay status for more than forty hours in a	6687
calendar week, regardless of the number of hours the employee	6688
works on any day in the same calendar week.	6689

Such compensation for overtime work shall be paid no later	6690
than at the conclusion of the next succeeding pay period.	6691

If the employee elects to take compensatory time off in lieu	6692
of overtime pay for any overtime worked, such compensatory time	6693
shall be granted by the employee's administrative superior, on a	6694
time and one-half basis, at a time mutually convenient to the	6695
employee and the administrative superior. Compensatory time is not	6696
available for use until it appears on the employee's earning	6697
statement and the compensation described in the earning statement	6698
is available to the employee.	6699

An employee may accrue compensatory time to a maximum of two	6700
hundred forty hours, except that public safety employees and other	6701
employees who meet the criteria established in the "Federal Fair	6702
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	6703
as amended, may accrue a maximum of four hundred eighty hours of	6704
compensatory time. An employee shall be paid at the employee's	6705
regular rate of pay for any hours of compensatory time accrued in	6706
excess of these maximum amounts if the employee has not used the	6707
compensatory time within ~~one~~three hundred ~~eighty~~sixty-five days	6708
after it is granted, if the employee transfers to another agency	6709
of the state, or if a change in the employee's status exempts the	6710
employee from the payment of overtime compensation. Upon the	6711
termination of employment, any employee with accrued but unused	6712
compensatory time shall be paid for that time at a rate that is	6713
the greater of the employee's final regular rate of pay or the	6714
employee's average regular rate of pay during the employee's last	6715
three years of employment with the state.	6716

No overtime, as described in this section, can be paid unless	6717
it has been authorized by the authorized administrative authority.	6718
Employees may be exempted from the payment of compensation as	6719
required by this section only under the criteria for exemption	6720
from the payment of overtime compensation established in the	6721
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	6722
U.S.C.A. 207, 213, as amended. With the approval of the director	6723
of administrative services, the appointing authority may establish	6724
a policy to grant compensatory time or to pay compensation to	6725
state employees who are exempt from overtime compensation. With	6726
the approval of the board of county commissioners, a county human	6727
services department may establish a policy to grant compensatory	6728
time or to pay compensation to employees of the department who are	6729
exempt from overtime compensation.	6730

(B)(1) An employee, whose salary or wage is paid in whole or	6731
in part by the state, shall be paid for the holidays declared in	6732
section 124.19 of the Revised Code and shall not be required to	6733
work on those holidays, unless, in the opinion of the employee's	6734
responsible administrative authority, failure to work on those	6735
holidays would impair the public service. An	6736

(2) An employee paid directly by warrant of the director of	6737
budget and management who is scheduled to work on ~~a holiday~~the	6738
first day of January, the commemoration of memorial day, the	6739
fourth day of July, the fourth Thursday in November, or the	6740
twenty-fifth day of December and who does not report to work the	6741
day before, the day of, or the day after the holiday due to an	6742
illness of the employee or of a member of the employee's immediate	6743
family shall not receive holiday pay as provided by this division,	6744
unless the employee can provide documentation of extenuating	6745
circumstances that prohibited the employee from so reporting to	6746
work. AnIf the employee works a shift between the employee's	6747
scheduled shift and the holiday, the employee shall be paid for	6748
the holiday.	6749

(3) An employee also shall not be paid for a holiday unless	6750
the employee was in active pay status on the scheduled work day	6751
immediately preceding the holiday, except that an employee need	6752
not be in active pay status on that work day in order to be paid	6753
for the holiday if the employee is participating in a mandatory or	6754
voluntary cost savings day under section 124.392 of the Revised	6755
Code.	6756

~~(2)~~(4) If any of the holidays declared in section 124.19 of	6757
the Revised Code falls on Saturday, the Friday immediately	6758
preceding shall be observed as the holiday. If any of the holidays	6759
declared in section 124.19 of the Revised Code falls on Sunday,	6760
the Monday immediately succeeding shall be observed as the	6761
holiday. Employees whose work schedules are based on the	6762
requirements of a seven-days-a-week work operation shall observe	6763
holidays on the actual days specified in section 124.19 of the	6764
Revised Code.	6765

~~(3)~~(5) If an employee's work schedule is other than Monday	6766
through Friday, the employee shall be entitled to eight hours of	6767
holiday pay for holidays observed on the employee's day off	6768
regardless of the day of the week on which they are observed.	6769

~~(4)~~(6) A full-time permanent employee is entitled to a	6770
minimum of eight hours of pay for each holiday regardless of the	6771
employee's work shift and work schedule. A flexible-hours	6772
employee, who is normally scheduled to work in excess of eight	6773
hours on a day on which a holiday falls, either shall be required	6774
to work an alternate schedule for that week or shall receive	6775
additional holiday pay for the hours the employee is normally	6776
scheduled to work. Such an alternate schedule may require a	6777
flexible-hours employee to work five shifts consisting of eight	6778
hours each during the week including the holiday, and, in that	6779
case, the employee shall receive eight hours of holiday pay for	6780
the day the holiday is observed.	6781

~~(5) Part-time~~(7) Except as provided under section 124.392 of	6782
the Revised Code, part-time permanent employees shall receive four	6783
hours of holiday pay ~~on a pro-rated basis, based upon the daily~~	6784
~~average of actual hours worked, excluding overtime hours worked,~~	6785
~~in the previous calendar quarter. The figure shall be calculated~~	6786
~~for the preceding calendar quarter on the first day of January,~~	6787
~~April, July, and October of each year~~regardless of the employee's	6788
work shift and work schedule.	6789

~~(6)~~(8) When an employee who is eligible for overtime pay	6790
under this section is required by the employee's responsible	6791
administrative authority to work on the day observed as a holiday,	6792
the employee shall be entitled to pay for such time worked at one	6793
and one-half times the employee's regular rate of pay in addition	6794
to the employee's regular pay, or to be granted compensatory time	6795
off at time and one-half thereafter, at the employee's option.	6796
Payment at such rate shall be excluded in the calculation of hours	6797
in active pay status.	6798

(C) Each appointing authority may designate the number of	6799
employees in an agency who are flexible-hours employees. The	6800
appointing authority may establish for each flexible-hours	6801
employee a specified minimum number of hours to be worked each day	6802
that is consistent with the "Federal Fair Labor Standards Act of	6803
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	6804

(D) This section shall be uniformly administered for	6805
employees as defined in section 124.01 of the Revised Code and by	6806
the personnel departments of state-supported colleges and	6807
universities for employees of state-supported colleges and	6808
universities. If employees are not paid directly by warrant of the	6809
director of budget and management, the political subdivision shall	6810
determine whether the use of sick leave shall be considered to be	6811
active pay status for purposes of those employees earning overtime	6812
or compensatory time.	6813

(E) Policies relating to the payment of overtime pay or the	6814
granting of compensatory time off shall be adopted by the chief	6815
administrative officer of the house of representatives for	6816
employees of the house of representatives, by the clerk of the	6817
senate for employees of the senate, and by the director of the	6818
legislative service commission for all other legislative	6819
employees.	6820

(F) As used in this section, "regular rate of pay" means the	6821
base rate of pay an employee receives plus any pay supplements	6822
received pursuant to section 124.181 of the Revised Code.	6823

Sec. 124.183. (A) As used in this section, "active payroll"	6824
means ~~when an employee is actively working; on military, workers'~~	6825
~~compensation, occupational injury, or disability leave; or on an~~	6826
~~approved leave of absence~~conditions under which an employee is in	6827
active pay status or eligible to receive pay for an approved leave	6828
of absence including, but not limited to, occupational injury	6829
leave, disability leave, or workers' compensation.	6830

(B)~~(1) Each permanent employee paid in accordance with~~	6831
~~schedule E-1 of section 124.152 of the Revised Code who was~~	6832
~~appointed on or before March 6, 2003, and remains continuously on~~	6833
~~the active payroll through November 14, 2004, shall receive a~~	6834
~~one-time pay supplement. The supplement shall be a two per cent~~	6835
~~lump sum payment that is based on the annualization of the top~~	6836
~~step of the pay range in schedule E-1 that the employee is in on~~	6837
~~November 14, 2004.~~	6838

~~(2) Each permanent employee paid in accordance with schedule~~	6839
~~E-1 for step seven only of section 124.152 of the Revised Code who~~	6840
~~was appointed on or before March 6, 2003, and remains continuously~~	6841
~~on the active payroll through November 14, 2004, shall receive a~~	6842
~~one-time pay supplement. The supplement shall be a two per cent~~	6843
~~lump sum payment that is based on the annualization of step 6 of~~	6844
~~the pay range in schedule E-1 of section 124.152 of the Revised~~	6845
~~Code that corresponds with the pay range in schedule E-1 for step~~	6846
~~seven only that the employee is in on November 14, 2004.~~	6847

~~(3) Each permanent employee paid under schedule E-2 of~~	6848
~~section 124.152 of the Revised Code who was appointed on or before~~	6849
~~March 6, 2003, and remains continuously on the active payroll~~	6850
~~through November 14, 2004, shall receive a one-time pay~~	6851
~~supplement. The supplement shall be a two per cent lump sum~~	6852
~~payment that is based upon the annualization of the maximum hourly~~	6853
~~rate of the pay range in schedule E-2 that the employee is in on~~	6854
~~November 14, 2004.~~	6855

~~(C) Each permanent employee who is exempt from collective~~	6856
~~bargaining, is not covered by division (B) of this section, was~~	6857
~~appointed on or before March 6, 2003, and remains continuously on~~	6858
~~the active payroll through November 14, 2004, shall receive a~~	6859
~~one-time pay supplement. The supplement shall be a two per cent~~	6860
~~lump sum payment that is based upon the annualization of the base~~	6861
~~rate of the employee's pay on November 14, 2004.~~	6862

~~(D) A part-time employee who is eligible to receive a~~	6863
~~one-time pay supplement under division (B) or (C) of this section~~	6864
~~shall have the employee's one-time pay supplement pro-rated based~~	6865
~~on the number of hours worked in the twenty-six pay periods prior~~	6866
~~to November 14, 2004.~~	6867

~~An employee who is eligible to receive a one-time pay~~	6868
~~supplement under division (B) or (C) of this section and was on a~~	6869
~~voluntary leave of absence shall have the employee's one-time pay~~	6870
~~supplement pro-rated based on the number of hours worked in the~~	6871
~~twenty-six pay periods prior to November 14, 2004.~~	6872

~~(E) A one-time pay supplement under this section shall be~~	6873
~~paid in the employee's first paycheck in December of 2004.~~	6874

~~(F)~~This section applies only to employees who are eligible	6875
to receive personal leave under section 124.386 of the Revised	6876
Code.	6877

(C)(1) Employees who are in active payroll status on July 30,	6878
2011, shall receive a one-time pay supplement in the earnings	6879
statements they receive on August 26, 2011. Full-time employees	6880
shall receive a one-time pay supplement equivalent to thirty-two	6881
hours of personal leave or a one-time pay supplement equivalent to	6882
half the hours of personal leave the employee lost during the	6883
moratorium under division (A) of section 124.386 of the Revised	6884
Code, whichever is less. Part-time employees shall receive a	6885
one-time pay supplement equivalent to sixteen hours of personal	6886
leave.	6887

(2) Employees who are not in active payroll status on July	6888
30, 2011, due to military leave or an absence taken under the	6889
federal Family and Medical Leave Act are eligible to receive the	6890
one-time pay supplement.	6891

(D) Notwithstanding any provision of law to the contrary, a	6892
one-time pay supplement under this section shall not be subject to	6893
withholding for deposit into any state retirement system.	6894
Notwithstanding any provision of law to the contrary, a one-time	6895
pay supplement under this section shall not be used for	6896
calculation purposes in determining an employee's retirement	6897
benefits in any state retirement system.	6898

~~(G)(1) This section does not apply to employees of the~~	6899
~~general assembly, legislative agencies, or the supreme court.~~	6900

~~(2)~~(E) This section does not apply to employees of the	6901
secretary of state, the auditor of state, the treasurer of state,	6902
or the attorney general unless the secretary of state, the auditor	6903
of state, the treasurer of state, or the attorney general ~~decides~~	6904
~~that the office's employees should be eligible for the one-time~~	6905
~~pay supplement and so notifies~~participated in the moratorium	6906
under division (H) of section 124.386 of the Revised Code and	6907
notified the director of administrative services in writing on or	6908
before ~~July 1, 2004~~July 1, 2009, of the decision to participate	6909
in the one-time pay supplement.	6910

Sec. 124.22. Rules establishing educational requirements as	6911
a condition of taking a civil service examination shall only be	6912
adopted with respect to positions for which educational	6913
requirements are expressly imposed by a section of the Revised	6914
Code or federal requirements or for which the director determines	6915
that the educational requirements are job-related. An applicant	6916
for a civil service examination must be a United States citizen or	6917
have ~~legally declared the intention of becoming a United States~~	6918
~~citizen~~a valid permanent resident card.	6919

Sec. 124.23. (A) All applicants for positions and places in	6920
the classified service shall be subject to examination, except for	6921
applicants for positions as professional or certified service and	6922
paraprofessional employees of county boards of mental retardation	6923
and developmental disabilities, who shall be hired in the manner	6924
provided in section 124.241 of the Revised Code.	6925

(B) Any examination administered under this section shall be	6926
public and be open to all citizens of the United States and those	6927
persons who have legally declared their intentions of becoming	6928
United States citizens~~, within certain limitations to be~~	6929
~~determined by~~. For examinations administered for positions in the	6930
service of the state, the director of administrative services may	6931
determine certain limitations as to citizenship, age, experience,	6932
education, health, habit, and moral character. ~~Any~~	6933

(C) Any person who has completed service in the uniformed	6934
services, who has been honorably discharged from the uniformed	6935
services or transferred to the reserve with evidence of	6936
satisfactory service, and who is a resident of this state and any	6937
member of the national guard or a reserve component of the armed	6938
forces of the United States who has completed more than one	6939
hundred eighty days of active duty service pursuant to an	6940
executive order of the president of the United States or an act of	6941
the congress of the United States may file with the director a	6942
certificate of service or honorable discharge, and, upon this	6943
filing, the person shall receive additional credit of twenty per	6944
cent of the person's total grade given in the regular examination	6945
in which the person receives a passing grade.	6946

As used in this division, "service in the uniformed services"	6947
and "uniformed services" have the same meanings as in the	6948
"Uniformed Services Employment and Reemployment Rights Act of	6949
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	6950

~~(C)~~(D) An examination may include an evaluation of such	6951
factors as education, training, capacity, knowledge, manual	6952
dexterity, and physical or psychological fitness. An examination	6953
shall consist of one or more tests in any combination. Tests may	6954
be written, oral, physical, demonstration of skill, or an	6955
evaluation of training and experiences and shall be designed to	6956
fairly test the relative capacity of the persons examined to	6957
discharge the particular duties of the position for which	6958
appointment is sought. Tests may include structured interviews,	6959
assessment centers, work simulations, examinations of knowledge,	6960
skills, and abilities, and any other acceptable testing methods.	6961
If minimum or maximum requirements are established for any	6962
examination, they shall be specified in the examination	6963
announcement.	6964

~~(D)~~(E) The director of administrative services shall have	6965
control of all examinations administered for positions in the	6966
service of the state and all other examinations the director	6967
administers as provided in section 124.07 of the Revised Code,	6968
except as otherwise provided in sections 124.01 to 124.64 of the	6969
Revised Code. No	6970

(F) No questions in any examination shall relate to	6971
political or religious opinions or affiliations. No credit for	6972
seniority, efficiency, or any other reason shall be added to an	6973
applicant's examination grade unless the applicant achieves at	6974
least the minimum passing grade on the examination without	6975
counting that extra credit.	6976

~~(E)~~(G) Except as otherwise provided in sections 124.01 to	6977
124.64 of the Revised Code, the director of administrative	6978
services shall give reasonable notice of the time, place, and	6979
general scope of every competitive examination for appointment to	6980
~~a position in the civil service~~that the director administers for	6981
positions in the service of the state. The director shall send	6982
written, printed, or electronic notices of every examination to	6983
be conducted for positions in the ~~state~~ classified civil service	6984
of the state to each agency of the type the director of job and	6985
family services specifies and, in the case of a county in which no	6986
such agency is located, to the clerk of the court of common pleas	6987
of that county and to the clerk of each city located within that	6988
county. Those notices shall be posted in conspicuous public places	6989
in the designated agencies or the courthouse, and city hall of	6990
the cities, of the counties in which no designated agency is	6991
located for at least two weeks preceding any examination	6992
involved, and in a conspicuous place in the office of the director	6993
of administrative services for at least two weeks preceding any	6994
examination involved. In case of examinations limited by the	6995
director to a district, county, city, or department, the director	6996
shall provide by rule for adequate publicity of an examination in	6997
the district, county, city, or department within which competition	6998
is permitted.	6999

Sec. 124.321. (A) Whenever it becomes necessary for an	7000
appointing authority to reduce its work force, the appointing	7001
authority shall lay off employees or abolish their positions in	7002
accordance with sections 124.321 to 124.327 of the Revised Code	7003
~~and~~. If the affected work force is in the service of the state,	7004
the reduction shall also be in compliance with the rules of the	7005
director of administrative services.	7006

(B)(1) Employees may be laid off as a result of a lack of	7007
funds within an appointing authority. For appointing authorities	7008
that employ persons whose salary or wage is paid by warrant of the	7009
director of budget and management, the director of budget and	7010
management shall be responsible for determining, consistent with	7011
the rules adopted under division (B)(3) of this section, whether a	7012
lack of funds exists. For appointing authorities that employ	7013
persons whose salary or wage is paid other than by warrant of the	7014
director of budget and management, the appointing authority itself	7015
shall determine whether a lack of funds exists ~~and shall file a~~	7016
~~statement of rationale and supporting documentation with the~~	7017
~~director of administrative services prior to sending the layoff~~	7018
~~notice~~.	7019

(2) As used in this division, a "lack of funds" means an	7020
appointing authority has a current or projected deficiency of	7021
funding to maintain current, or to sustain projected, levels of	7022
staffing and operations. This section does not require any	7023
transfer of money between funds in order to offset a deficiency or	7024
projected deficiency of funding for programs funded by the	7025
federal government, special revenue accounts, or proprietary	7026
accounts. Whenever a program receives funding through a grant or	7027
similar mechanism, a lack of funds shall be presumed for the	7028
positions assigned to and the employees who work under the grant	7029
or similar mechanism if, for any reason, the funding is reduced or	7030
withdrawn.	7031

(3) The director of budget and management shall adopt rules,	7032
under Chapter 119. of the Revised Code, for agencies whose	7033
employees are paid by warrant of the director of budget and	7034
management, for determining whether a lack of funds exists.	7035

(C)(1) Employees may be laid off as a result of lack of work	7036
within an appointing authority. For appointing authorities whose	7037
employees are paid by warrant of the director of budget and	7038
management, the director of administrative services shall	7039
determine, consistent with the rules adopted under division (F) of	7040
this section, whether a lack of work exists. All other appointing	7041
authorities shall themselves determine whether a lack of work	7042
exists ~~and shall file a statement of rationale and supporting~~	7043
~~documentation with the director of administrative services prior~~	7044
~~to sending the layoff notice~~.	7045

(2) As used in this division, a "lack of work" means an	7046
appointing authority has a current or projected decrease in	7047
workload that requires a reduction of current or projected	7048
staffing levels in its organization or structure. The	7049
determination of a lack of work shall indicate the current or	7050
projected decrease in workload and whether the current or	7051
projected staffing levels of the appointing authority will be	7052
excessive.	7053

(D)(1) Employees may be laid off as a result of abolishment	7054
of positions. As used in this division, "abolishment" means the	7055
deletion of a position or positions from the organization or	7056
structure of an appointing authority.	7057

For purposes of this division, an appointing authority may	7058
abolish positions for any one or any combination of the following	7059
reasons: as a result of a reorganization for the efficient	7060
operation of the appointing authority, for reasons of economy, or	7061
for lack of work.	7062

(2)(a) Reasons of economy permitting an appointing authority	7063
to abolish a position and to lay off the holder of that position	7064
under this division shall be determined at the time the appointing	7065
authority proposes to abolish the position. The reasons of economy	7066
shall be based on the appointing authority's estimated amount of	7067
savings with respect to salary, benefits, and other matters	7068
associated with the abolishment of the position, except that the	7069
reasons of economy associated with the position's abolishment	7070
instead may be based on the appointing authority's estimated	7071
amount of savings with respect to salary and benefits only, if:	7072

(i) Either the appointing authority's operating appropriation	7073
has been reduced by an executive or legislative action, or the	7074
appointing authority has a current or projected deficiency in	7075
funding to maintain current or projected levels of staffing and	7076
operations; and	7077

(ii) In the case of a position in the service of the state,	7078
it files a notice of the position's abolishment with the director	7079
of administrative services within one year of the occurrence of	7080
the applicable circumstance described in division (D)(2)(a)(i) of	7081
this section.	7082

(b) The following principles apply when a circumstance	7083
described in division (D)(2)(a)(i) of this section would serve to	7084
authorize an appointing authority to abolish a position and to lay	7085
off the holder of the position under this division based on the	7086
appointing authority's estimated amount of savings with respect to	7087
salary and benefits only:	7088

(i) The position's abolishment shall be done in good faith	7089
and not as a subterfuge for discipline.	7090

(ii) If a circumstance affects a specific program only, the	7091
appointing authority only may abolish a position within that	7092
program.	7093

(iii) If a circumstance does not affect a specific program	7094
only, the appointing authority may identify a position that it	7095
considers appropriate for abolishment based on the reasons of	7096
economy.	7097

(3) Each appointing authority shall determine itself whether	7098
any position should be abolished. An appointing authority	7099
abolishing any position in the service of the state shall file a	7100
statement of rationale and supporting documentation with the	7101
director of administrative services prior to sending the notice of	7102
abolishment.	7103

If an abolishment results in a reduction of the work force,	7104
the appointing authority shall follow the procedures for laying	7105
off employees, subject to the following modifications:	7106

(a) The employee whose position has been abolished shall have	7107
the right to fill an available vacancy within the employee's	7108
classification.	7109

(b) If the employee whose position has been abolished has	7110
more retention points than any other employee serving in the same	7111
classification, the employee with the fewest retention points	7112
shall be displaced.	7113

(c) If the employee whose position has been abolished has the	7114
fewest retention points in the classification, the employee shall	7115
have the right to fill an available vacancy in a lower	7116
classification in the classification series.	7117

(d) If the employee whose position has been abolished has the	7118
fewest retention points in the classification, the employee shall	7119
displace the employee with the fewest retention points in the next	7120
or successively lower classification in the classification series.	7121

(E) Notwithstanding any contrary provision of the	7122
displacement procedure described in section 124.324 of the Revised	7123
Code for employees to displace other employees during a layoff,	7124
the director of administrative services or a county appointing	7125
authority may establish a paper lay-off process under which	7126
employees who are to be laid off or displaced may be required,	7127
before the date of their paper layoff, to preselect their options	7128
for displacing other employees.	7129

(F) The director of administrative services shall adopt rules	7130
under Chapter 119. of the Revised Code for the determination of	7131
lack of work within an appointing authority, for the abolishment	7132
of positions by an appointing authority, and for the	7133
implementation of this section as it relates to positions in the	7134
service of the state.	7135

Sec. 124.324. (A) A laid-off employee has the right to	7136
displace the employee with the fewest retention points in the	7137
following order:	7138

(1) Within the classification and appointment category from	7139
which the employee was laid off;	7140

(2) Within the classification series and appointment category	7141
from which the employee was laid off;	7142

(3) Within the classification and appointment category the	7143
employee held immediately prior to holding the classification	7144
from which the employee was laid off, except that the employee	7145
may not displace employees in a classification if the employee	7146
does not meet the minimum qualifications of the classification or	7147
if the employee last held the classification more than three	7148
years prior to the date on which the employee was laid off.	7149

If, after exercising displacement rights, an employee is	7150
subject to further layoff action, the employee's displacement	7151
rights shall be in accordance with the classification from which	7152
the employee was first laid off.	7153

The director of administrative services shall verify the	7154
calculation of the retention points of all employees in the	7155
service of the state in an affected classification in accordance	7156
with section 124.325 of the Revised Code.	7157

(B) Following the order of layoff as stated in section	7158
124.323 of the Revised Code, an employee laid off in the	7159
classified civil service shall displace another employee within	7160
the same appointing authority or independent institution and	7161
layoff jurisdiction in the following manner:	7162

(1) Each laid-off employee possessing more retention points	7163
shall displace the employee with the fewest retention points in	7164
the next lower classification or successively lower classification	7165
in the same classification series.	7166

(2) Any employee displaced by an employee possessing more	7167
retention points shall displace the employee with the fewest	7168
retention points in the next lower classification or successively	7169
lower classification in the same classification series. This	7170
process shall continue, if necessary, until the employee with the	7171
fewest retention points in the lowest classification of the	7172
classification series of the same appointing authority or	7173
independent institution has been reached and, if necessary, laid	7174
off.	7175

(C) Employees shall notify the appointing authority of their	7176
intention to exercise their displacement rights, within five days	7177
after receiving notice of layoff. This division does not apply if	7178
the director of administrative services has established a paper	7179
lay-off process pursuant to division (E) of section 124.321 of the	7180
Revised Code that includes a different notification requirement	7181
for employees exercising their displacement rights under that	7182
process.	7183

(D) No employee shall displace an employee for whose position	7184
or classification there are certain position-specific minimum	7185
qualifications, as established by the appointing authority and	7186
reviewed for validity by the department of administrative	7187
services, or as established by bona fide occupational	7188
qualification, unless the employee desiring to displace another	7189
employee possesses the requisite position-specific minimum	7190
qualifications for the position or classification.	7191

(E) If an employee exercising displacement rights must	7192
displace an employee in another county within the same layoff	7193
district, the displacement shall not be construed to be a	7194
transfer.	7195

(F) The director of administrative services shall adopt rules	7196
under Chapter 119. of the Revised Code for the implementation of	7197
this section as it relates to positions in the service of the	7198
state.	7199

Sec. 124.325. (A) Retention points to reflect the length of	7200
continuous service and efficiency in service for all employees	7201
affected by a layoff shall be verified by the director of	7202
administrative services for positions in the service of the state.	7203

(B) An employee's length of continuous service will be	7204
carried from one layoff jurisdiction to another so long as no	7205
break in service occurs between transfers or appointments.	7206

(C) If two or more employees have an identical number of	7207
retention points, employees having the shortest period of	7208
continuous service shall be laid off first.	7209

(D)(1) As used in this division, "affected employee" means a	7210
city employee who becomes a county employee, or a county employee	7211
who becomes a city employee, as the result of any of the	7212
following:	7213

(a) The merger of a city and a county office;

7214

(b) The merger of city and county functions or duties;

7215

(c) The transfer of functions or duties between a city and	7216
county.	7217

(2) For purposes of this section, the new employer of any	7218
affected employee shall treat the employee's prior service with a	7219
former employer as if it had been served with the new employer.	7220

(E) The director of administrative services shall adopt rules	7221
in accordance with Chapter 119. of the Revised Code to establish a	7222
system for the assignment of retention points for each employee in	7223
the service of the state in a classification affected by a layoff	7224
and for determining, in those instances where employees in the	7225
service of the state have identical retention points, which	7226
employee shall be laid off first.	7227

Sec. 124.34. (A) The tenure of every officer or employee in	7228
the classified service of the state and the counties, civil	7229
service townships, cities, city health districts, general health	7230
districts, and city school districts of the state, holding a	7231
position under this chapter, shall be during good behavior and	7232
efficient service. No officer or employee shall be reduced in pay	7233
or position, fined, suspended, or removed, or have the officer's	7234
or employee's longevity reduced or eliminated, except as provided	7235
in section 124.32 of the Revised Code, and for incompetency,	7236
inefficiency, dishonesty, drunkenness, immoral conduct,	7237
insubordination, discourteous treatment of the public, neglect of	7238
duty, violation of any policy or work rule of the officer's or	7239
employee's appointing authority, violation of this chapter or the	7240
rules of the director of administrative services or the	7241
commission, any other failure of good behavior, any other acts of	7242
misfeasance, malfeasance, or nonfeasance in office, or conviction	7243
of a felony. The denial of a one-time pay supplement or a bonus to	7244
an officer or employee is not a reduction in pay for purposes of	7245
this section.	7246

This section does not apply to any modifications or	7247
reductions in pay authorized by section 124.392 of the Revised	7248
Code.	7249

An appointing authority may require an employee who is	7250
suspended to report to work to serve the suspension. An employee	7251
serving a suspension in this manner shall continue to be	7252
compensated at the employee's regular rate of pay for hours	7253
worked. The disciplinary action shall be recorded in the	7254
employee's personnel file in the same manner as other disciplinary	7255
actions and has the same effect as a suspension without pay for	7256
the purpose of recording disciplinary actions.	7257

A finding by the appropriate ethics commission, based upon a	7258
preponderance of the evidence, that the facts alleged in a	7259
complaint under section 102.06 of the Revised Code constitute a	7260
violation of Chapter 102., section 2921.42, or section 2921.43 of	7261
the Revised Code may constitute grounds for dismissal. Failure to	7262
file a statement or falsely filing a statement required by section	7263
102.02 of the Revised Code may also constitute grounds for	7264
dismissal. The tenure of an employee in the career professional	7265
service of the department of transportation is subject to section	7266
5501.20 of the Revised Code.	7267

Conviction of a felony is a separate basis for reducing in	7268
pay or position, suspending, or removing an officer or employee,	7269
even if the officer or employee has already been reduced in pay or	7270
position, suspended, or removed for the same conduct that is the	7271
basis of the felony. An officer or employee may not appeal to the	7272
state personnel board of review or the commission any disciplinary	7273
action taken by an appointing authority as a result of the	7274
officer's or employee's conviction of a felony. If an officer or	7275
employee removed under this section is reinstated as a result of	7276
an appeal of the removal, any conviction of a felony that occurs	7277
during the pendency of the appeal is a basis for further	7278
disciplinary action under this section upon the officer's or	7279
employee's reinstatement.	7280

A person convicted of a felony immediately forfeits the	7281
person's status as a classified employee in any public employment	7282
on and after the date of the conviction for the felony. If an	7283
officer or employee is removed under this section as a result of	7284
being convicted of a felony or is subsequently convicted of a	7285
felony that involves the same conduct that was the basis for the	7286
removal, the officer or employee is barred from receiving any	7287
compensation after the removal notwithstanding any modification or	7288
disaffirmance of the removal, unless the conviction for the felony	7289
is subsequently reversed or annulled.	7290

Any person removed for conviction of a felony is entitled to	7291
a cash payment for any accrued but unused sick, personal, and	7292
vacation leave as authorized by law. If subsequently reemployed in	7293
the public sector, the person shall qualify for and accrue these	7294
forms of leave in the manner specified by law for a newly	7295
appointed employee and shall not be credited with prior public	7296
service for the purpose of receiving these forms of leave.	7297

As used in this division, "felony" means any of the	7298
following:	7299

(1) A felony that is an offense of violence as defined in	7300
section 2901.01 of the Revised Code;	7301

(2) A felony that is a felony drug abuse offense as defined	7302
in section 2925.01 of the Revised Code;	7303

(3) A felony under the laws of this or any other state or the	7304
United States that is a crime of moral turpitude;	7305

(4) A felony involving dishonesty, fraud, or theft;

7306

(5) A felony that is a violation of section 2921.05, 2921.32,	7307
or 2921.42 of the Revised Code.	7308

(B) In case of a reduction, a suspension of more than forty	7309
~~or more~~ work hours in the case of an employee exempt from the	7310
payment of overtime compensation, a suspension of more than	7311
twenty-four ~~or more~~ work hours in the case of an employee	7312
required to be paid overtime compensation, a fine of more than	7313
forty ~~or more~~ hours' pay in the case of an employee exempt from	7314
the payment of overtime compensation, a fine of more than	7315
twenty-four ~~or more~~ hours' pay in the case of an employee	7316
required to be paid overtime compensation, or removal, except for	7317
the reduction or removal of a probationary employee, the	7318
appointing authority shall serve the employee with a copy of the	7319
order of reduction, fine, suspension, or removal, which order	7320
shall state the reasons for the action.	7321

Within ten days following the date on which the order is	7322
served or, in the case of an employee in the career professional	7323
service of the department of transportation, within ten days	7324
following the filing of a removal order, the employee, except as	7325
otherwise provided in this section, may file an appeal of the	7326
order in writing with the state personnel board of review or the	7327
commission. For purposes of this section, the date on which an	7328
order is served is the date of hand delivery of the order or the	7329
date of delivery of the order by certified United States mail,	7330
whichever occurs first. If an appeal is filed, the board or	7331
commission shall forthwith notify the appointing authority and	7332
shall hear, or appoint a trial board to hear, the appeal within	7333
thirty days from and after its filing with the board or	7334
commission. The board, commission, or trial board may affirm,	7335
disaffirm, or modify the judgment of the appointing authority.	7336
However, in an appeal of a removal order based upon a violation of	7337
a last chance agreement, the board, commission, or trial board may	7338
only determine if the employee violated the agreement and thus	7339
affirm or disaffirm the judgment of the appointing authority.	7340

In cases of removal or reduction in pay for disciplinary	7341
reasons, either the appointing authority or the officer or	7342
employee may appeal from the decision of the state personnel board	7343
of review or the commission, and any such appeal shall be to the	7344
court of common pleas of the county in which the appointing	7345
authority is located, or to the court of common pleas of Franklin	7346
county, as provided by section 119.12 of the Revised Code.	7347

(C) In the case of the suspension for any period of time, or	7348
a fine, demotion, or removal, of a chief of police, a chief of a	7349
fire department, or any member of the police or fire department of	7350
a city or civil service township, who is in the classified civil	7351
service, the appointing authority shall furnish the chief or	7352
member with a copy of the order of suspension, fine, demotion, or	7353
removal, which order shall state the reasons for the action. The	7354
order shall be filed with the municipal or civil service township	7355
civil service commission. Within ten days following the filing of	7356
the order, the chief or member may file an appeal, in writing,	7357
with the commission. If an appeal is filed, the commission shall	7358
forthwith notify the appointing authority and shall hear, or	7359
appoint a trial board to hear, the appeal within thirty days from	7360
and after its filing with the commission, and it may affirm,	7361
disaffirm, or modify the judgment of the appointing authority. An	7362
appeal on questions of law and fact may be had from the decision	7363
of the commission to the court of common pleas in the county in	7364
which the city or civil service township is situated. The appeal	7365
shall be taken within thirty days from the finding of the	7366
commission.	7367

(D) A violation of division (A)(7) of section 2907.03 of the	7368
Revised Code is grounds for termination of employment of a	7369
nonteaching employee under this section.	7370

(E) As used in this section, "last chance agreement" means an	7371
agreement signed by both an appointing authority and an officer or	7372
employee of the appointing authority that describes the type of	7373
behavior or circumstances that, if it occurs, will automatically	7374
lead to removal of the officer or employee without the right of	7375
appeal to the state personnel board of review or the appropriate	7376
commission.	7377

Sec. 124.381. ~~Each~~(A)(1) Each employee paid in accordance	7378
with section 124.152 of the Revised Code and each employee listed	7379
in division (B)(2) or (4) of section 124.14 of the Revised Code,	7380
including an employee who is not eligible for occupational injury	7381
leave under division (A)(2) of this section, shall receive salary	7382
continuation not to exceed four hundred eighty hours at the	7383
employee's total rate of pay for absence as a result of injury	7384
incurred during the performance of, or arising out of, state	7385
employment. An employee is ineligible to receive salary	7386
continuation until the implementation date established in rules	7387
adopted under division (C)(1) of this section. In any case when an	7388
employee's absence as a result of such an injury extends beyond	7389
four hundred eighty hours, the employee immediately becomes	7390
subject to sections 124.382 and 124.385 of the Revised Code	7391
regarding sick leave and disability leave benefits.	7392

(2) Each employee of the department of rehabilitation and	7393
correction, the department of mental health, the department of	7394
mental retardation and developmental disabilities, or the ~~Ohio~~	7395
~~veteran's home agency~~department of veterans services, oreach	7396
employee of the department of education who works at the Ohio	7397
schools for the deaf and blind, and each employee of the	7398
department of youth services as established in division (A) of	7399
section 124.14 of the Revised Code who ~~suffers bodily injury~~	7400
~~inflicted by an inmate, patient, client, youth, or student in the~~	7401
~~facilities~~sustains a qualifying physical condition inflicted by a	7402
ward of these agencies during the time the employee is lawfully	7403
carrying out the assigned duties of the employee's position shall	7404
be paid occupational injury leave at the employee's total rate of	7405
pay during the period the employee is disabled as a result of	7406
that ~~injury~~qualifying physical condition, but in no case to	7407
exceed ~~one hundred twenty work days~~nine hundred sixty hours, in	7408
lieu of workers' compensation. Pay made according to this ~~section~~	7409
division shall not be charged to the employee's accumulation of	7410
sick leave credit. In any case when an employee's disability as a	7411
result of such a qualifying physical condition extends beyond	7412
nine hundred sixty hours, the employee immediately becomes	7413
subject to sections 124.382 and 124.385 of the Revised Code	7414
regarding sick leave and disability leave benefits.	7415

(B) An employee who is receiving salary continuation or	7416
occupational injury leave under division (A)(1) or (2) of this	7417
section is not eligible for other paid leave, including holiday	7418
pay, while receiving benefits under either division. While an	7419
employee is receiving salary continuation or occupational injury	7420
leave under division (A)(1) or (2) of this section, vacation	7421
leave credit ceases to accrue to the employee under section	7422
124.134 of the Revised Code, but sick leave credit and personal	7423
leave credit continue to accrue to the employee under sections	7424
124.382 and 124.386 of the Revised Code.	7425

(C)(1) The director of administrative services shall adopt	7426
rules for the administration of both the salary continuation	7427
program and the occupational injury leave program. The rules	7428
shall include, but not be limited to, provisions for determining a	7429
disability, for filing a claim for leave under this section, and	7430
for allowing or denying claims for the leave.	7431

~~During the time an employee is receiving injury compensation~~	7432
~~as provided in this section, the employee shall be exempt from the~~	7433
~~accumulation of vacation leave credit under section 124.134 of the~~	7434
~~Revised Code but shall continue to receive sick leave credit and~~	7435
~~personal leave credit under sections 124.382 and 124.386 of the~~	7436
~~Revised Code.~~	7437

~~In any case when an employee's disability, as covered by this~~	7438
~~section, extends beyond one hundred twenty work days, the employee~~	7439
~~shall immediately become subject to sections 124.382 and 124.385~~	7440
~~of the Revised Code regarding sick leave and disability leave~~	7441
~~benefits.~~	7442

(2) The director also may adopt rules for the payment of	7443
health benefits while an employee is on workers' compensation	7444
leave.	7445

(D) An appointing authority may apply to the director of	7446
administrative services to grant salary continuation under	7447
division (A)(1) of this section or occupational injury leave in	7448
~~accordance with~~under division (A)(2) of this section to law	7449
enforcement personnel employed by the agency.	7450

Sec. 124.382. (A) As used in this section and sections	7451
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	7452

(1) "Pay period" means the fourteen-day period of time during	7453
which the payroll is accumulated, as determined by the director of	7454
administrative services.	7455

(2) "Active pay status" means the conditions under which an	7456
employee is eligible to receive pay, and includes, but is not	7457
limited to, vacation leave, sick leave, personal leave,	7458
bereavement leave, and administrative leave.	7459

(3) "No pay status" means the conditions under which an	7460
employee is ineligible to receive pay and includes, but is not	7461
limited to, leave without pay, leave of absence, and disability	7462
leave.	7463

(4) "Disability leave" means the leave granted pursuant to	7464
section 124.385 of the Revised Code.	7465

(5) "Full-time permanent employee" means an employee whose	7466
regular hours of duty total eighty hours in a pay period in a	7467
state agency and whose appointment is not for a limited period of	7468
time.	7469

(6) "Base rate of pay" means the rate of pay established	7470
under schedule B or C of section 124.15 of the Revised Code or	7471
under schedule E-1, schedule E-1 for step seven only, or schedule	7472
E-2 of section 124.152 of the Revised Code, plus any supplement	7473
provided under section 124.181 of the Revised Code, plus any	7474
supplements enacted into law which are added to schedule B or C of	7475
section 124.15 of the Revised Code or to schedule E-1, schedule	7476
E-1 for step seven only, or schedule E-2 of section 124.152 of the	7477
Revised Code.	7478

(7) "Part-time permanent employee" means an employee whose	7479
regular hours of duty total less than eighty hours in a pay period	7480
in a state agency and whose appointment is not for a limited	7481
period of time.	7482

(B) Each full-time permanent and part-time permanent employee	7483
whose salary or wage is paid directly by warrant of the director	7484
of budget and management shall be credited with sick leave of	7485
three and one-tenth hours for each completed eighty hours of	7486
service, excluding overtime hours worked. Sick leave is not	7487
available for use until it appears on the employee's earning	7488
statement and the compensation described in the earning statement	7489
is available to the employee.	7490

(C) Any sick leave credit provided pursuant to division (B)	7491
of this section, remaining as of the last day of the pay period	7492
preceding the first paycheck the employee receives in December,	7493
shall be converted pursuant to section 124.383 of the Revised	7494
Code.	7495

(D) Employees may use sick leave, provided a credit balance	7496
is available, upon approval of the responsible administrative	7497
officer of the employing unit, for absence due to personal	7498
illness, pregnancy, injury, exposure to contagious disease that	7499
could be communicated to other employees, and illness, injury, or	7500
death in the employee's immediate family. When sick leave is	7501
used, it shall be deducted from the employee's credit on the basis	7502
of absence from previously scheduled work in such increments of an	7503
hour and at such a compensation rate as the director of	7504
administrative services determines. The appointing authority of	7505
each employing unit may require an employee to furnish a	7506
satisfactory, signed statement to justify the use of sick leave.	7507

If, after having utilized the credit provided by this	7508
section, an employee utilizes sick leave that was accumulated	7509
prior to November 15, 1981, compensation for such sick leave used	7510
shall be at a rate as the director determines.	7511

(E)(1) The previously accumulated sick leave balance of an	7512
employee who has been separated from the public service, for which	7513
separation payments pursuant to section 124.384 of the Revised	7514
Code have not been made, shall be placed to the employee's credit	7515
upon the employee's reemployment in the public service, if the	7516
reemployment takes place within ten years of the date on which the	7517
employee was last terminated from public service.	7518

(2) The previously accumulated sick leave balance of an	7519
employee who has separated from a school district shall be placed	7520
to the employee's credit upon the employee's appointment as an	7521
unclassified employee of the state department of education, if all	7522
of the following apply:	7523

(a) The employee accumulated the sick leave balance while	7524
employed by the school district.	7525

(b) The employee did not receive any separation payments for	7526
the sick leave balance.	7527

(c) The employee's employment with the department takes place	7528
within ten years after the date on which the employee separated	7529
from the school district.	7530

(F) An employee who transfers from one public agency to	7531
another shall be credited with the unused balance of the	7532
employee's accumulated sick leave.	7533

(G) The director of administrative services shall establish	7534
procedures to uniformly administer this section. No sick leave may	7535
be granted to a state employee upon or after the employee's	7536
retirement or termination of employment.	7537

(H) As used in this division, "active payroll" means	7538
conditions under which an employee is in active pay status or	7539
eligible to receive pay for an approved leave of absence,	7540
including, but not limited to, occupational injury leave,	7541
disability leave, or workers' compensation.	7542

(1) Employees who are in active payroll status on June 18,	7543
2011, shall receive a one-time credit of additional sick leave in	7544
the pay period that begins on July 1, 2011. Full-time employees	7545
shall receive a one-time credit of thirty-two hours of additional	7546
sick leave or a credit of additional sick leave equivalent to half	7547
the hours of personal leave the employee lost during the	7548
moratorium under division (A) of section 124.386 of the Revised	7549
Code, whichever is less. Part-time employees shall receive a	7550
one-time credit of sixteen hours of additional sick leave.	7551

(2) Employees who are not in active payroll status due to	7552
military leave or an absence taken in accordance with the federal	7553
"Family and Medical Leave Act" are eligible to receive the	7554
one-time additional sick leave credit.	7555

(3) The one-time additional sick leave credit does not apply	7556
to employees of the secretary of state, auditor of state,	7557
treasurer of state, or attorney general unless the secretary of	7558
state, auditor of state, treasurer of state, or attorney general	7559
participated in the moratorium under division (H) of section	7560
124.386 of the Revised Code and notified the director of	7561
administrative services on or before July 1, 2009, of the decision	7562
to participate in the one-time additional sick leave credit.	7563

Sec. 124.385. (A) An employee is eligible for disability	7564
leave benefits under this section if the employee has completed	7565
one year of continuous state service immediately prior to the date	7566
of the disability and if any of the following applies:	7567

(1) The employee is a full-time permanent employee and is	7568
eligible for sick leave credit pursuant to division (B) of section	7569
124.382 of the Revised Code.	7570

(2) The employee is a part-time permanent employee who has	7571
worked at least fifteen hundred hours within the twelve-month	7572
period immediately preceding the date of disability and is	7573
eligible for sick leave credit under division (B) of section	7574
124.382 of the Revised Code.	7575

(3) The employee is a full-time permanent or part-time	7576
permanent employee, is on disability leave or leave of absence for	7577
medical reasons, and would be eligible for sick leave credit	7578
pursuant to division (B) of section 124.382 of the Revised Code	7579
except that the employee is in no pay status due to the employee's	7580
medical condition.	7581

(B) The director of administrative services, by rule adopted	7582
in accordance with Chapter 119. of the Revised Code, shall	7583
establish a disability leave program. The rule shall include, but	7584
shall not be limited to, the following:	7585

(1) Procedures to be followed for determining disability;

7586

(2) Provisions for the allowance of disability leave due to	7587
illness or injury;	7588

(3) Provisions for the continuation of service credit for	7589
employees granted disability leave, including service credit	7590
towards retirement, as provided by the applicable statute;	7591

(4) The establishment of a minimum level of benefit and of a	7592
waiting period before benefits begin;	7593

(5) Provisions setting a maximum length of benefit and	7594
requiring that employees eligible to apply for disability	7595
retirement shall do so prior to completing the first six months of	7596
their period of disability. The director's rules shall indicate	7597
those employees required to apply for disability retirement. If an	7598
employee is approved to receive disability retirement, the	7599
employee shall receive the retirement benefit and a supplement	7600
payment that equals a percentage of the employee's base rate of	7601
pay and that, when added to the retirement benefit, equals no more	7602
than the percentage of pay received by employees after the first	7603
six months of disability. This supplemental payment shall not be	7604
considered earnable salary, compensation, or salary, and is not	7605
subject to contributions, under Chapter 145., 742., 3307., 3309.,	7606
or 5505. of the Revised Code.	7607

(6) Provisions that allow employees to utilize available sick	7608
leave, personal leave, compensatory time, or vacation leave	7609
balances to supplement the benefits payable under this section.	7610
The balances used to supplement the benefits, plus any amount	7611
contributed by the state as provided in division (D) of this	7612
section, shall be paid at the employee's base rate of pay in an	7613
amount sufficient to give employees up to one hundred per cent of	7614
pay for time on disability.	7615

(7) Procedures for appealing denial of payment of a claim,	7616
including the following:	7617

(a) A maximum of thirty days to file an appeal by the	7618
employee;	7619

(b) A maximum of fifteen days for the parties to select a	7620
third-party opinion pursuant to division (F) of this section,	7621
unless an extension is agreed to by the parties;	7622

(c) A maximum of thirty days for the third party to render an	7623
opinion.	7624

(8) Provisions for approving leave of absence for medical	7625
reasons where an employee is in no pay status because the employee	7626
has used all the employee's sick leave, personal leave, vacation	7627
leave, and compensatory time;	7628

(9) Provisions for precluding the payment of benefits if the	7629
injury for which the benefits are sought is covered by a workers'	7630
compensation plan;	7631

(10) Provisions for precluding the payment of benefits in	7632
order to ensure that benefits are provided in a consistent manner.	7633

(C) Except as provided in division (B)(6) of this section,	7634
time off for an employee granted disability leave is not	7635
chargeable to any other leave granted by other sections of the	7636
Revised Code.	7637

(D) While an employee is on an approved disability leave, the	7638
employer's and employee's share of health, life, and other	7639
insurance benefits shall be paid by the state, and the retirement	7640
contribution shall be paid as follows:	7641

(1) The employer's share shall be paid by the state.

7642

(2) For the first three months, the employee's share shall be	7643
paid by the employee.	7644

(3) After the first three months, the employee's share shall	7645
be paid by the state.	7646

(E) The approval for disability leave shall be made by the	7647
director, upon recommendation by the appointing authority. The	7648
director may delegate to any appointing authority the authority to	7649
approve disability benefits for a standard recovery period.	7650

(F) If a request for disability leave is denied based on a	7651
medical determination, the director shall obtain a medical opinion	7652
from a third party. The decision of the third party is binding.	7653

(G) The rule adopted by the director under division (B) of	7654
this section shall not deny disability leave benefits for an	7655
illness or injury to an employee who is a veteran of the United	7656
States armed forces because the employee contracted the illness or	7657
received the injury in the course of or as a result of military	7658
service and the illness or injury is or may be covered by a	7659
compensation plan administered by the United States department of	7660
veterans affairs.	7661

Sec. 124.386. (A) Each full-time permanent employee paid in	7662
accordance with section 124.152 of the Revised Code and those	7663
full-time permanent employees listed in divisions (B)(2) and (4)	7664
of section 124.14 of the Revised Code shall be credited with	7665
thirty-two hours of personal leave each year. Each part-time	7666
permanent employee paid in accordance with section 124.152 of the	7667
Revised Code and those part-time permanent employees listed in	7668
divisions (B)(2) and (4) of section 124.14 of the Revised Code	7669
shall receive a pro-rated personal leave credit as determined by	7670
rule of the director of administrative services. The credit shall	7671
be made to each eligible employee in the first pay the employee	7672
receives in December. Employees, upon giving reasonable notice to	7673
the responsible administrative officer of the appointing	7674
authority, may use personal leave for absence due to mandatory	7675
court appearances, legal or business matters, family emergencies,	7676
unusual family obligations, medical appointments, weddings,	7677
religious holidays not listed in section 124.19 of the Revised	7678
Code, or any other matter of a personal nature. Personal leave may	7679
not be used on a holiday when an employee is scheduled to work.	7680

Personal leave is not available for use until it appears on	7681
the employee's earning statement and the compensation described in	7682
the earning statement is available to the employee.	7683

There shall be a moratorium on personal leave accrual	7684
beginning with the credit employees would have received in	7685
December 2009. Personal leave accrual shall resume with employees	7686
receiving credit in December 2011 and there shall be no	7687
retroactive grant of credit for the period the moratorium was in	7688
effect.	7689

(B) When personal leave is used, it shall be deducted from	7690
the unused balance of the employee's personal leave on the basis	7691
of absence in such increments of an hour as the director of	7692
administrative services determines. Compensation for personal	7693
leave shall be equal to the employee's base rate of pay.	7694

(C) A newly appointed full-time permanent employee or a	7695
~~nonfull-time~~non-full-time employee who receives a full-time	7696
permanent appointment shall be credited with personal leave of	7697
thirty-two hours, less one and two-tenths hours for each pay	7698
period that has elapsed following the first paycheck the employee	7699
receives in December, until the first day of the pay period	7700
during which the appointment was effective.	7701

(D) The director of administrative services shall allow	7702
employees to elect one of the following options with respect to	7703
the unused balance of personal leave:	7704

(1) Carry forward the balance. The maximum credit that shall	7705
be available to an employee at any one time is forty hours.	7706

(2) Convert the balance to accumulated sick leave, to be used	7707
in the manner provided by section 124.382 of the Revised Code;	7708

(3) Receive a cash benefit. The cash benefit shall equal one	7709
hour of the employee's base rate of pay for every hour of unused	7710
credit that is converted. An employee serving in a temporary work	7711
level who elects to convert unused personal leave to cash shall do	7712
so at the base rate of pay of the employee's normal	7713
classification. Such cash benefit shall not be subject to	7714
contributions to any of the retirement systems, either by the	7715
employee or the employer.	7716

There shall be a moratorium on the payment for conversion of	7717
unused personal leave until December 2011.	7718

(E) A full-time permanent employee who separates from state	7719
service or becomes ineligible to be credited with leave under this	7720
section shall receive a reduction of personal leave credit of one	7721
and two-tenths hours for each pay period that remains beginning	7722
with the first pay period following the date of separation or the	7723
effective date of the employee's ineligibility until the pay	7724
period preceding the next base pay period. After calculation of	7725
the reduction of an employee's personal leave credit, the employee	7726
is entitled to compensation for any remaining personal leave	7727
credit at the employee's current base rate of pay. If the	7728
reduction results in a number of hours less than zero, the cash	7729
equivalent value of such number of hours shall be deducted from	7730
any compensation that remains payable to the employee, or from the	7731
cash conversion value of any vacation or sick leave that remains	7732
credited to the employee. An employee serving in a temporary work	7733
level who is eligible to receive compensation under this section	7734
shall be compensated at the base rate of pay of the employee's	7735
normal classification.	7736

(F) An employee who transfers from one public agency to	7737
another public agency in which the employee is eligible for the	7738
credit provided under this section shall be credited with the	7739
unused balance of personal leave.	7740

(G) The director of administrative services shall establish	7741
procedures to uniformly administer this section. No personal leave	7742
may be granted to a state employee upon or after retirement or	7743
termination of employment.	7744

(H) The moratoria imposed under divisions (A) and (D)(3) of	7745
this section shall apply to employees of the secretary of state,	7746
auditor of state, treasurer of state, and attorney general who are	7747
subject to this section unless the secretary of state, auditor of	7748
state, treasurer of state, or attorney general decides to exempt	7749
the office's employees from the moratoria and so notifies the	7750
director of administrative services in writing on or before July	7751
1, 2009.	7752

Sec. 124.392. (A) As used in this section~~, "exempt~~:

7753

(1) "Exempt employee" has the same meaning as in section	7754
124.152 of the Revised Code.	7755

(2) "Fiscal emergency" means a fiscal emergency declared by	7756
the governor under section 126.05 of the Revised Code.	7757

(B) The director of administrative services may establish a	7758
voluntary cost savings program for exempt employees. ~~The~~	7759

(C) The director of administrative services shall establish a	7760
mandatory cost savings program applicable to exempt employees.	7761
Subject to division (C)(1) of this section, the program may	7762
include, but is not limited to, a loss of pay or loss of holiday	7763
pay as determined by the director. The program may be administered	7764
differently among exempt employees based on their classifications,	7765
appointment categories, appointing authorities, or other relevant	7766
distinctions.	7767

(1) Each full-time exempt employee shall participate in the	7768
program for a total of eighty hours of mandatory cost savings in	7769
both fiscal year 2010 and fiscal year 2011. Each part-time exempt	7770
employee shall participate in the program by not receiving holiday	7771
pay during both fiscal year 2010 and fiscal year 2011. Each	7772
employee of the secretary of state, auditor of state, treasurer of	7773
state, and attorney general shall participate in the program	7774
unless the secretary of state, auditor of state, treasurer of	7775
state, or attorney general decides to exempt the officer's	7776
employees from the program and so notifies the director of	7777
administrative services in writing on or before July 1, 2009.	7778

(2) After June 30, 2011, the director of administrative	7779
services, in consultation with the director of budget and	7780
management, may implement mandatory cost savings days applicable	7781
to exempt employees in the event of a fiscal emergency. Each	7782
employee of the secretary of state, auditor of state, treasurer of	7783
state, and attorney general shall participate in the mandatory	7784
cost savings days unless the secretary of state, auditor of state,	7785
treasurer of state, or attorney general decides to exempt the	7786
officer's employees from the mandatory cost savings days and so	7787
notifies the director of administrative services in the manner the	7788
director of administrative services prescribes by rule adopted	7789
under this section.	7790

(D) The director shall adopt rules in accordance with Chapter	7791
119. of the Revised Code to provide for the administration of the	7792
~~program~~mandatory cost savings program and days.	7793

Sec. 124.81. (A) Except as provided in division ~~(E)~~(F) of	7794
this section, the department of administrative services in	7795
consultation with the superintendent of insurance shall negotiate	7796
with and, in accordance with the competitive selection procedures	7797
of Chapter 125. of the Revised Code, contract with one or more	7798
insurance companies authorized to do business in this state, for	7799
the issuance of one of the following:	7800

(1) A policy of group life insurance covering all state	7801
employees who are paid directly by warrant of the state auditor,	7802
including elected state officials;	7803

(2) A combined policy, or coordinated policies of one or more	7804
insurance companies or health insuring corporations in combination	7805
with one or more insurance companies providing group life and	7806
health, medical, hospital, dental, or surgical insurance, or any	7807
combination thereof, covering all such employees;	7808

(3) A policy that may include, but is not limited to,	7809
hospitalization, surgical, major medical, dental, vision, and	7810
medical care, disability, hearing aids, prescription drugs, group	7811
life, life, sickness, and accident insurance, group legal	7812
services, or a combination of the above benefits for some or all	7813
of the employees paid in accordance with section 124.152 of the	7814
Revised Code and for some or all of the employees listed in	7815
divisions (B)(2) and (4) of section 124.14 of the Revised Code,	7816
and their immediate dependents.	7817

(B) The department of administrative services in consultation	7818
with the superintendent of insurance shall negotiate with and, in	7819
accordance with the competitive selection procedures of Chapter	7820
125. of the Revised Code, contract with one or more insurance	7821
companies authorized to do business in this state, for the	7822
issuance of a policy of group life insurance covering all	7823
municipal and county court judges. The amount of such coverage	7824
shall be an amount equal to the aggregate salary set forth for	7825
each municipal court judge in sections 141.04 and 1901.11 of the	7826
Revised Code, and set forth for each county court judge in	7827
sections 141.04 and 1907.16 of the Revised Code. On and after the	7828
effective date of the policy of group life insurance coverage, a	7829
municipal or county court judge is ineligible for life insurance	7830
coverage from a county or other political subdivision.	7831

(C) If a state employee uses all accumulated sick leave and	7832
then goes on an extended medical disability, the policyholder	7833
shall continue at no cost to the employee the coverage of the	7834
group life insurance for such employee for the period of such	7835
extended leave, but not beyond three years.	7836

~~(C)~~(D) If a state employee insured under a group life	7837
insurance policy as provided in division (A) of this section is	7838
laid off pursuant to section 124.32 of the Revised Code, such	7839
employee by request to the policyholder, made no later than the	7840
effective date of the layoff, may elect to continue the employee's	7841
group life insurance for the one-year period through which the	7842
employee may be considered to be on laid-off status by paying the	7843
policyholder through payroll deduction or otherwise twelve times	7844
the monthly premium computed at the existing average rate for the	7845
group life case for the amount of the employee's insurance	7846
thereunder at the time of the employee's layoff. The policyholder	7847
shall pay the premiums to the insurance company at the time of the	7848
next regular monthly premium payment for the actively insured	7849
employees and furnish the company appropriate data as to such	7850
laid-off employees. At the time an employee receives written	7851
notice of a layoff, the policyholder shall also give such employee	7852
written notice of the opportunity to continue group life insurance	7853
in accordance with this division. When such laid-off employee is	7854
reinstated for active work before the end of the one-year period,	7855
the employee shall be reclassified as insured again as an active	7856
employee under the group and appropriate refunds for the number of	7857
full months of unearned premium payment shall be made by the	7858
policyholder.	7859

~~(D)~~(E) This section does not affect the conversion rights of	7860
an insured employee when the employee's group insurance terminates	7861
under the policy.	7862

~~(E)~~(F) Notwithstanding division (A) of this section, the	7863
department may provide benefits equivalent to those that may be	7864
paid under a policy issued by an insurance company, or the	7865
department may, to comply with a collectively bargained contract,	7866
enter into an agreement with a jointly administered trust fund	7867
which receives contributions pursuant to a collective bargaining	7868
agreement entered into between this state, or any of its political	7869
subdivisions, and any collective bargaining representative of the	7870
employees of this state or any political subdivision for the	7871
purpose of providing for self-insurance of all risk in the	7872
provision of fringe benefits similar to those that may be paid	7873
pursuant to division (A) of this section, and the jointly	7874
administered trust fund may provide through the self-insurance	7875
method specific fringe benefits as authorized by the rules of the	7876
board of trustees of the jointly administered trust fund. Amounts	7877
from the fund may be used to pay direct and indirect costs that	7878
are attributable to consultants or a third-party administrator and	7879
that are necessary to administer this section. Benefits provided	7880
under this section include, but are not limited to,	7881
hospitalization, surgical care, major medical care, disability,	7882
dental care, vision care, medical care, hearing aids, prescription	7883
drugs, group life insurance, sickness and accident insurance,	7884
group legal services, or a combination of the above benefits, for	7885
the employees and their immediate dependents.	7886

~~(F)~~(G) Notwithstanding any other provision of the Revised	7887
Code, any public employer, including the state, and any of its	7888
political subdivisions, including, but not limited to, any county,	7889
county hospital, municipal corporation, township, park district,	7890
school district, state institution of higher education, public or	7891
special district, state agency, authority, commission, or board,	7892
or any other branch of public employment, and any collective	7893
bargaining representative of employees of the state or any	7894
political subdivision may agree in a collective bargaining	7895
agreement that any mutually agreed fringe benefit including, but	7896
not limited to, hospitalization, surgical care, major medical	7897
care, disability, dental care, vision care, medical care, hearing	7898
aids, prescription drugs, group life insurance, sickness and	7899
accident insurance, group legal services, or a combination	7900
thereof, for employees and their dependents be provided through a	7901
mutually agreed upon contribution to a jointly administered trust	7902
fund. Amounts from the fund may be used to pay direct and indirect	7903
costs that are attributable to consultants or a third-party	7904
administrator and that are necessary to administer this section.	7905
The amount, type, and structure of fringe benefits provided under	7906
this division is subject to the determination of the board of	7907
trustees of the jointly administered trust fund. Notwithstanding	7908
any other provision of the Revised Code, competitive bidding does	7909
not apply to the purchase of fringe benefits for employees under	7910
this division through a jointly administered trust fund.	7911

Sec. 124.821. The health care spending account fund is hereby	7912
created in the state treasury. The director of administrative	7913
services shall use money in the fund to make payments with regard	7914
to the participation of state employees in flexible spending	7915
accounts for certain nonreimbursed medical and dental expenses	7916
under section 125 of the Internal Revenue Code. All investment	7917
earnings on money in the fund shall be credited to the fund.	7918

Sec. 124.822. The dependent care spending account fund is	7919
hereby created in the state treasury. The director of	7920
administrative services shall use money in the fund to make	7921
payments with regard to the participation of state employees in	7922
flexible spending accounts for work-related dependent care	7923
expenses under section 125 of the Internal Revenue Code. All	7924
investment earnings on money in the fund shall be credited to the	7925
fund.	7926

Sec. 124.86. There is hereby created in the state treasury	7927
the employee educational development fund, to be used to pay the	7928
state administrative costs of any education program undertaken	7929
pursuant to specific collective bargaining agreements identified	7930
in uncodified law governing expenditure of the fund. The director	7931
of administrative services shall establish, and shall obtain the	7932
approval of the director of budget and management for, a charge	7933
for each such program that is sufficient only to recover those	7934
costs. All money collected from such a charge shall be deposited	7935
to the credit of the fund, and all interest earned on the fund	7936
shall accrue to the fund. The director of administrative services	7937
shall administer the fund in accordance with the respective	7938
collective bargaining agreements and may adopt rules for the	7939
purpose of this administration.	7940

Sec. 125.081. (A) From the purchases that the department of	7941
administrative services is required by law to make through	7942
competitive selection, the director of administrative services	7943
shall select a number of such purchases, the aggregate value of	7944
which equals approximately fifteen per cent of the estimated total	7945
value of all such purchases to be made in the current fiscal year.	7946
The director shall set aside the purchases selected for	7947
competition only by minority business enterprises, as defined in	7948
division (E)(1) of section 122.71 of the Revised Code. The	7949
competitive selection procedures for such purchases set aside	7950
shall be the same as for all other purchases the department is	7951
required to make through competitive selection, except that only	7952
minority business enterprises certified by the equal employment	7953
opportunity coordinator of the department of administrative	7954
services in accordance with the rules adopted under division	7955
(B)(1) of section 123.151 of the Revised Code and listed by the	7956
director under division (B) of section 125.08 of the Revised Code	7957
shall be qualified to compete.	7958

(B) To the extent that any agency of the state, including	7959
state universities as defined in section 3345.011 of the Revised	7960
Code and the Ohio housing finance agency, the third frontier	7961
commission, the clean Ohio council, and the Ohio school facilities	7962
commission, other than the department of administrative services,	7963
the legislative and judicial branches, boards of elections, and	7964
the adjutant general, is authorized to make purchases, the agency	7965
shall set aside a number of purchases, the aggregate value of	7966
which equals approximately fifteen per cent of the aggregate value	7967
of such purchases for the current fiscal year for competition by	7968
minority business enterprises only. The procedures for such	7969
purchases shall be the same as for all other such purchases made	7970
by the agency, except that only minority business enterprises	7971
certified by the equal employment opportunity coordinator in	7972
accordance with rules adopted under division (B)(1) of section	7973
123.151 of the Revised Code shall be qualified to compete.	7974

In awarding contracts under division (A) or (B) of this	7975
section, the department of administrative services or another	7976
state agency shall comply with executive order 2008-13S.	7977

(C) In the case of purchases set aside under division (A) or	7978
(B) of this section, if no bid is submitted by a minority business	7979
enterprise, the purchase shall be made according to usual	7980
procedures. The contracting agency shall from time to time set	7981
aside such additional purchases for which only minority business	7982
enterprises may compete, as are necessary to replace those	7983
purchases previously set aside for which no minority business	7984
enterprises bid and to ensure that, in any fiscal year, the	7985
aggregate amount of contracts awarded to minority business	7986
enterprises will equal approximately fifteen per cent of the total	7987
amount of contracts awarded by the agency.	7988

(D) The provisions of this section shall not preclude any	7989
minority business enterprise from competing for any other state	7990
purchases that are not specifically set aside for minority	7991
business enterprises.	7992

(E) No funds of any state agency shall be expended in any	7993
fiscal year for any purchase for which competitive selection is	7994
required, until the director of the department of administrative	7995
services certifies to the equal employment opportunity	7996
coordinator, the clerk of the senate, and the clerk of the house	7997
of representatives of the general assembly that approximately	7998
fifteen per cent of the aggregate amount of the projected	7999
expenditure for such purchases in the fiscal year has been set	8000
aside as provided for in this section.	8001

(F) Any person who intentionally misrepresents self as	8002
owning, controlling, operating, or participating in a minority	8003
business enterprise for the purpose of obtaining contracts,	8004
subcontracts, or any other benefits under this section shall be	8005
guilty of theft by deception as provided for in section 2913.02 of	8006
the Revised Code.	8007

Sec. 125.20. (A) Within one hundred eighty days after the	8008
effective date of this section, the director of administrative	8009
services shall establish an electronic site accessible through	8010
the internet to publish the following:	8011

(1) A database containing each state employee's year-to-date	8012
gross pay and pay from the most recent pay period. The database	8013
shall contain searchable fields including the name of the agency,	8014
position title, and employee name.	8015

(2) A database containing agency expenditures for goods and	8016
services that shall contain searchable fields including the name	8017
of the agency, expenditure amount, category of good or service for	8018
which an expenditure is made, and contractor or vendor name;	8019

(3) A database containing tax credits granted to business	8020
entities that shall contain searchable fields, including the name	8021
under which the tax credit is known, the name of the entity	8022
receiving the credit, and the county in which the credit	8023
recipient's principal place of business in this state is located.	8024

(B) Daily, each executive agency shall provide to the	8025
department of administrative services information to be published	8026
in the databases under division (A) of this section. The director	8027
of administrative services may adopt rules governing the means by	8028
which information is submitted and databases are updated.	8029

Sec. 125.22. (A) The department of administrative services	8030
shall establish the central service agency to perform ~~routine~~and	8031
provide support for the following boards and commissions:	8032

(1) Architects board;

8033

(2) Barber board;

8034

(3) State chiropractic board;

8035

(4) State board of cosmetology;

8036

(5) Accountancy board;

8037

(6) State dental board;

8038

(7) State board of optometry;

8039

(8) Ohio occupational therapy, physical therapy, and athletic	8040
trainers board;	8041

(9) State board of registration for professional engineers	8042
and surveyors;	8043

(10) State board of sanitarian registration;

8044

(11) Board of embalmers and funeral directors;

8045

(12) State board of psychology;

8046

(13) Ohio optical dispensers board;

8047

(14) Board of speech-language pathology and audiology;

8048

(15) Counselor, social worker, and marriage and family	8049
therapist board;	8050

(16) State veterinary medical licensing board;

8051

(17) Ohio board of dietetics;

8052

(18) Commission on Hispanic-Latino affairs;

8053

(19) Ohio respiratory care board;

8054

(20) ~~Ohio commission on African-American males;~~

8055

~~(21)~~ Chemical dependency professionals board;

8056

(21) State medical board;

8057

(22) Board of nursing;

8058

(23) State board of pharmacy;

8059

(24) Ohio medical transportation board;

8060

(25) Ohio athletic commission;

8061

(26) Board of motor vehicle collision repair;

8062

(27) Manufactured homes commission;

8063

(28) Board of orthotics, prosthetics, and pedorthics;

8064

(29) State board of career colleges and schools.

8065

(B)(1) ~~Notwithstanding any other section of the Revised Code~~	8066
On or before June 30, 2010, the agency, in conjunction with the	8067
individual boards and commissions named in division (A) of the	8068
section, shall develop and implement specific service level	8069
agreements and agency specific addendums to perform and provide	8070
~~the following routine~~ support services for ~~the~~those boards and	8071
commissions ~~named in division (A) of this section unless the~~	8072
~~controlling board exempts a board or commission from this~~	8073
~~requirement on the recommendation of the director of~~	8074
~~administrative services~~. The service level agreements may provide	8075
for all or some of the following services:	8076

(a) ~~Preparing~~Making recommendations regarding and preparing	8077
and processing of payroll and other personnel documents;	8078

(b) Preparing and processing vouchers, purchase orders,	8079
encumbrances, and other accounting documents;	8080

8081

(d) Preparing and monitoring budgets and allotment plans in	8082
consultation with the boards and commissions;	8083

(e) Other routine support services that the ~~director of~~	8084
~~administrative services considers~~agency and the boards and	8085
commissions consider appropriate to achieve efficiency.	8086

(2) The agency may perform and provide other services which a	8087
board or commission named in division (A) of this section	8088
delegates to the agency and the agency accepts.	8089

(3) The agency may perform and provide any service for any	8090
professional or occupational licensing board not named in division	8091
(A) of this section or any commission if the board or commission	8092
requests such service and the agency accepts.	8093

(C) The director of administrative services shall be the	8094
appointing authority for the agency.	8095

(D) The agency shall determine the fees to be charged to the	8096
boards and commissions, which shall be in proportion to the	8097
services performed or provided for each board or commission. All	8098
services shall be documented in the service level agreements and	8099
addendums signed by the agency and the boards and commissions.	8100

(E) Each board or commission named in division (A) of this	8101
section and any other board or commission requesting services from	8102
the agency shall pay these fees to the agency from the general	8103
revenue fund maintenance account of the board or commission or	8104
from such other fund as the operating expenses of the board or	8105
commission are paid. Any amounts set aside for a fiscal year by a	8106
board or commission to allow for the payment of fees shall be used	8107
only for the services performed or provided by the agency in that	8108
fiscal year. All receipts collected by the agency shall be	8109
deposited in the state treasury to the credit of the central	8110
service agency fund, which is hereby created. All expenses	8111
incurred by the agency in performing or providing services for the	8112
boards or commissions shall be paid from the fund.	8113

(F) ~~Nothing in this section shall be construed as a grant of~~	8114
~~authority for the~~The central service agency tomay initiate or	8115
deny those personnel or fiscal actions ~~for the boards and~~	8116
~~commissions~~that are addressed in a service level agreement or	8117
addendum, subject to the terms and conditions of the agreement or	8118
addendum. The central service agency may in writing initiate or	8119
deny personnel or fiscal actions that are contrary to state law or	8120
policy. The state law or policy shall be stated in the initiation	8121
or denial.	8122

Sec. 125.24. With respect to any contract entered into under	8123
this chapter, which is made by the state or in whole or in part	8124
supported by state funds, a contractor shall comply with any	8125
regulation or ordinance that relates to the health, safety,	8126
status, and welfare of employees and that is enacted by the	8127
political subdivision in which the contract is to be performed.	8128

Sec. 125.831. As used in sections 125.831 to 125.834 of the	8129
Revised Code:	8130

(A) "Alternative fuel" means any of the following fuels used	8131
in a motor vehicle:	8132

(1) E85 blend fuel;

8133

(2) Blended biodiesel;

8134

(3) Natural gas;

8135

(4) Liquefied petroleum gas;

8136

(5) Hydrogen;

8137

(6) Compressed air;

8138

(7) Any power source, including electricity;

8139

~~(7)~~(8) Any fuel not described in divisions (A)(1) to ~~(6)~~(7)	8140
of this section that the United States department of energy	8141
determines, by final rule, to be substantially not petroleum, and	8142
that would yield substantial energy security and environmental	8143
benefits.	8144

(B) "Biodiesel" means a mono-alkyl ester combustible liquid	8145
fuel that is derived from vegetable oils or animal fats, or any	8146
combination of those reagents that meets the American society for	8147
testing and materials specification for biodiesel fuel (B100)	8148
blend stock distillate fuels and any other standards that the	8149
director of administrative services adopts by rule.	8150

(C) "Blended biodiesel" means a blend of biodiesel with	8151
petroleum based diesel fuel in which the resultant product	8152
contains not less than twenty per cent biodiesel that meets the	8153
American society for testing and materials specification for	8154
blended diesel fuel and any other standards that the director of	8155
administrative services adopts by rule.	8156

(D) "Diesel fuel" means any liquid fuel that is capable of	8157
use in discrete form or as a blend component in the operation of	8158
engines of the diesel type.	8159

(E) "E85 blend fuel" means fuel containing eighty-five per	8160
cent or more ethanol as defined in section 5733.46 of the Revised	8161
Code or containing any other percentage of not less than seventy	8162
per cent ethanol if the United States department of energy	8163
determines, by rule, that the lower percentage is necessary to	8164
provide for the requirements of cold start, safety, or vehicle	8165
functions, and that meets the American society for testing and	8166
materials specification for E85 blend fuel and any other standards	8167
that the director of administrative services adopts by rule.	8168

(F) "Law enforcement officer" means an officer, agent, or	8169
employee of a state agency upon whom, by statute, a duty to	8170
conserve the peace or to enforce all or certain laws is imposed	8171
and the authority to arrest violators is conferred, within the	8172
limits of that statutory duty and authority, but does not include	8173
such an officer, agent, or employee if that duty and authority is	8174
location specific.	8175

(G)(1) "Motor vehicle" means any automobile, car minivan,	8176
cargo van, passenger van, sport utility vehicle, or pickup truck	8177
with a gross vehicle weight of under twelve thousand pounds.	8178

(2) "Motor vehicle" does not include, except for the purposes	8179
of division (C) of section 125.832 of the Revised Code, any	8180
vehicle described in division (G)(1) of this section that is used	8181
by a law enforcement officer and law enforcement agency or any	8182
vehicle that is so described and that is equipped with specialized	8183
equipment that is not normally found in such a vehicle and that is	8184
used to carry out a state agency's specific and specialized duties	8185
and responsibilities.	8186

(H) "Specialized equipment" does not include standard mobile	8187
radios with no capabilities other than voice communication,	8188
exterior and interior lights, or roof-mounted caution lights.	8189

(I) "State agency" means every organized body, office, board,	8190
authority, commission, or agency established by the laws of the	8191
state for the exercise of any governmental or quasi-governmental	8192
function of state government regardless of the funding source for	8193
that entity, other than any state institution of higher education,	8194
the office of the governor, lieutenant governor, auditor of state,	8195
treasurer of state, secretary of state, or attorney general, the	8196
general assembly or any legislative agency, the courts or any	8197
judicial agency, or any state retirement system or retirement	8198
program established by or referenced in the Revised Code.	8199

(J) "State institution of higher education" has the same	8200
meaning as in section 3345.011 of the Revised Code.	8201

Sec. 126.05. On or before the tenth day of each month, the	8202
director of budget and management shall furnish to the governor	8203
statements in such form as the governor requires showing the	8204
condition of the general revenue fund. The statements shall	8205
provide a summary of the status of appropriations to enable the	8206
governor to exercise and maintain effective supervision and	8207
control over the expenditures of the state. The director shall	8208
also furnish statements the governor requests showing the	8209
condition of any other fund.	8210

If the governor ascertains that the available revenue	8211
receipts and balances for the general revenue fund for the current	8212
fiscal year will in all probability be less than the	8213
appropriations for the year, hethe governor shall issue such	8214
orders to the state agencies as will prevent their expenditures	8215
and incurred obligations from exceeding such revenue receipts and	8216
balances.	8217

If the governor ascertains that the available revenue	8218
receipts and balances for any fund other than the general revenue	8219
fund for the current fiscal year will in all probability be less	8220
than the appropriations for the year, hethe governor may issue	8221
such orders to the state agencies as will prevent their	8222
expenditures and incurred obligations from exceeding such revenue	8223
receipts and balances.	8224

If the governor determines that the available revenue	8225
receipts and balances in any fund or across funds will likely be	8226
less than the appropriations for the year, the governor may	8227
declare a fiscal emergency and may issue such orders as necessary	8228
to the director of budget and management to reduce expenditures,	8229
or to the director of administrative services to implement	8230
personnel actions consistent therewith, including, but not	8231
limited to, mandatory cost savings days under section 124.392 of	8232
the Revised Code.	8233

As used in this section, "expenditures and incurred	8234
obligations" includes all moneys expended or obligated pursuant to	8235
appropriations by the general assembly that are calculated and	8236
distributed pursuant to a distribution formula in law.	8237

Sec. 126.21. (A) The director of budget and management shall	8238
do all of the following:	8239

(1) Keep all necessary accounting records;

8240

(2) Prescribe and maintain the accounting system of the state	8241
and establish appropriate accounting procedures and charts of	8242
accounts;	8243

(3) Establish procedures for the use of written, electronic,	8244
optical, or other communications media for approving and reviewing	8245
payment vouchers;	8246

(4) Reconcile, in the case of any variation between the	8247
amount of any appropriation and the aggregate amount of items of	8248
the appropriation, with the advice and assistance of the state	8249
agency affected by it and the legislative service commission,	8250
totals so as to correspond in the aggregate with the total	8251
appropriation. In the case of a conflict between the item and the	8252
total of which it is a part, the item shall be considered the	8253
intended appropriation.	8254

(5) Evaluate on an ongoing basis and, if necessary, recommend	8255
improvements to the internal controls used in state agencies;	8256

(6) Authorize the establishment of petty cash accounts. The	8257
director may withdraw approval for any petty cash account and	8258
require the officer in charge to return to the state treasury any	8259
unexpended balance shown by the officer's accounts to be on hand.	8260
Any officer who is issued a warrant for petty cash shall render a	8261
detailed account of the expenditures of the petty cash and shall	8262
report when requested the balance of petty cash on hand at any	8263
time.	8264

(7) Process orders, invoices, vouchers, claims, and payrolls	8265
and prepare financial reports and statements;	8266

(8) Perform extensions, reviews, and compliance checks prior	8267
to or after approving a payment as the director considers	8268
necessary;	8269

(9) Issue the official comprehensive annual financial report	8270
of the state. The report shall cover all funds of the state	8271
reporting entity and shall include basic financial statements and	8272
required supplementary information prepared in accordance with	8273
generally accepted accounting principles and other information as	8274
the director provides. All state agencies, authorities,	8275
institutions, offices, retirement systems, and other component	8276
units of the state reporting entity as determined by the director	8277
shall furnish the director whatever financial statements and other	8278
information the director requests for the report, in the form, at	8279
the times, covering the periods, and with the attestation the	8280
director prescribes. The information for state institutions of	8281
higher education, as defined in section 3345.011 of the Revised	8282
Code, shall be submitted to the chancellor by the Ohio board of	8283
regents. The board shall establish a due date by which each such	8284
institution shall submit the information to the board, but no	8285
such date shall be later than one hundred twenty days after the	8286
end of the state fiscal year unless a later date is approved by	8287
the director.	8288

(B) In addition to the director's duties under division (A)	8289
of this section, the director may establish and administer one or	8290
more state payment card programs that permit or require state	8291
agencies to use a payment card to purchase equipment, materials,	8292
supplies, or services in accordance with guidelines issued by the	8293
director. The chief administrative officer of a state agency that	8294
uses a payment card for such purposes shall ensure that purchases	8295
made with the card are made in accordance with the guidelines	8296
issued by the director and do not exceed the unexpended,	8297
unencumbered, unobligated balance in the appropriation to be	8298
charged for the purchase. State agencies may participate in only	8299
those state payment card programs that the director establishes	8300
pursuant to this section.	8301

(C) In addition to the director's duties under divisions (A)	8302
and (B) of this section, the director may enter into any contract	8303
or agreement necessary for and incidental to the performance of	8304
the director's duties or the duties of the office of budget and	8305
management, including, but not limited to, contracts relating to	8306
the consolidation of statewide financing functions and common	8307
transactional processes.	8308

(D) In addition to the director's duties under divisions	8309
(A), (B), and (C) of this section, the director may appoint and	8310
fix the compensation of employees of the office of budget and	8311
management whose primary duties include the consolidation of	8312
statewide financing functions and common transactional processes.	8313

Sec. 127.16. (A) Upon the request of either a state agency	8314
or the director of budget and management and after the controlling	8315
board determines that an emergency or a sufficient economic reason	8316
exists, the controlling board may approve the making of a purchase	8317
without competitive selection as provided in division (B) of this	8318
section.	8319

(B) Except as otherwise provided in this section, no state	8320
agency, using money that has been appropriated to it directly,	8321
shall:	8322

(1) Make any purchase from a particular supplier, that would	8323
amount to fifty thousand dollars or more when combined with both	8324
the amount of all disbursements to the supplier during the fiscal	8325
year for purchases made by the agency and the amount of all	8326
outstanding encumbrances for purchases made by the agency from the	8327
supplier, unless the purchase is made by competitive selection or	8328
with the approval of the controlling board;	8329

(2) Lease real estate from a particular supplier, if the	8330
lease would amount to seventy-five thousand dollars or more when	8331
combined with both the amount of all disbursements to the supplier	8332
during the fiscal year for real estate leases made by the agency	8333
and the amount of all outstanding encumbrances for real estate	8334
leases made by the agency from the supplier, unless the lease is	8335
made by competitive selection or with the approval of the	8336
controlling board.	8337

(C) Any person who authorizes a purchase in violation of	8338
division (B) of this section shall be liable to the state for any	8339
state funds spent on the purchase, and the attorney general shall	8340
collect the amount from the person.	8341

(D) Nothing in division (B) of this section shall be	8342
construed as:	8343

(1) A limitation upon the authority of the director of	8344
transportation as granted in sections 5501.17, 5517.02, and	8345
5525.14 of the Revised Code;	8346

(2) Applying to medicaid provider agreements under Chapter	8347
5111. of the Revised Code or payments or provider agreements under	8348
the disability medical assistance program established under	8349
Chapter 5115. of the Revised Code;	8350

(3) Applying to the purchase of examinations from a sole	8351
supplier by a state licensing board under Title XLVII of the	8352
Revised Code;	8353

(4) Applying to entertainment contracts for the Ohio state	8354
fair entered into by the Ohio expositions commission, provided	8355
that the controlling board has given its approval to the	8356
commission to enter into such contracts and has approved a total	8357
budget amount for such contracts as agreed upon by commission	8358
action, and that the commission causes to be kept itemized records	8359
of the amounts of money spent under each contract and annually	8360
files those records with the clerk of the house of representatives	8361
and the clerk of the senate following the close of the fair;	8362

(5) Limiting the authority of the chief of the division of	8363
mineral resources management to contract for reclamation work with	8364
an operator mining adjacent land as provided in section 1513.27 of	8365
the Revised Code;	8366

(6) Applying to investment transactions and procedures of any	8367
state agency, except that the agency shall file with the board the	8368
name of any person with whom the agency contracts to make, broker,	8369
service, or otherwise manage its investments, as well as the	8370
commission, rate, or schedule of charges of such person with	8371
respect to any investment transactions to be undertaken on behalf	8372
of the agency. The filing shall be in a form and at such times as	8373
the board considers appropriate.	8374

(7) Applying to purchases made with money for the per cent	8375
for arts program established by section 3379.10 of the Revised	8376
Code;	8377

(8) Applying to purchases made by the rehabilitation services	8378
commission of services, or supplies, that are provided to persons	8379
with disabilities, or to purchases made by the commission in	8380
connection with the eligibility determinations it makes for	8381
applicants of programs administered by the social security	8382
administration;	8383

(9) Applying to payments by the department of job and family	8384
services under section 5111.13 of the Revised Code for group	8385
health plan premiums, deductibles, coinsurance, and other	8386
cost-sharing expenses;	8387

(10) Applying to any agency of the legislative branch of the	8388
state government;	8389

(11) Applying to agreements or contracts entered into under	8390
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	8391
Revised Code;	8392

(12) Applying to purchases of services by the adult parole	8393
authority under section 2967.14 of the Revised Code or by the	8394
department of youth services under section 5139.08 of the Revised	8395
Code;	8396

(13) Applying to dues or fees paid for membership in an	8397
organization or association;	8398

(14) Applying to purchases of utility services pursuant to	8399
section 9.30 of the Revised Code;	8400

(15) Applying to purchases made in accordance with rules	8401
adopted by the department of administrative services of motor	8402
vehicle, aviation, or watercraft fuel, or emergency repairs of	8403
such vehicles;	8404

(16) Applying to purchases of tickets for passenger air	8405
transportation;	8406

(17) Applying to purchases necessary to provide public	8407
notifications required by law or to provide notifications of job	8408
openings;	8409

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

8410

(19) Applying to purchases of liquor for resale by the	8411
division of liquor control;	8412

(20) Applying to purchases of motor courier and freight	8413
services made in accordance with department of administrative	8414
services rules;	8415

(21) Applying to purchases from the United States postal	8416
service and purchases of stamps and postal meter replenishment	8417
from vendors at rates established by the United States postal	8418
service;	8419

(22) Applying to purchases of books, periodicals, pamphlets,	8420
newspapers, maintenance subscriptions, and other published	8421
materials;	8422

(23) Applying to purchases from other state agencies,	8423
including state-assisted institutions of higher education;	8424

(24) Limiting the authority of the director of environmental	8425
protection to enter into contracts under division (D) of section	8426
3745.14 of the Revised Code to conduct compliance reviews, as	8427
defined in division (A) of that section;	8428

(25) Applying to purchases from a qualified nonprofit agency	8429
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	8430
the Revised Code;	8431

(26) Applying to payments by the department of job and family	8432
services to the United States department of health and human	8433
services for printing and mailing notices pertaining to the tax	8434
refund offset program of the internal revenue service of the	8435
United States department of the treasury;	8436

(27) Applying to contracts entered into by the department of	8437
mental retardation and developmental disabilities under section	8438
5123.18 of the Revised Code;	8439

(28) Applying to payments made by the department of mental	8440
health under a physician recruitment program authorized by section	8441
5119.101 of the Revised Code;	8442

(29) Applying to contracts entered into with persons by the	8443
director of commerce for unclaimed funds collection and remittance	8444
efforts as provided in division (F) of section 169.03 of the	8445
Revised Code. The director shall keep an itemized accounting of	8446
unclaimed funds collected by those persons and amounts paid to	8447
them for their services.	8448

(30) Applying to purchases made by a state institution of	8449
higher education in accordance with the terms of a contract	8450
between the vendor and an inter-university purchasing group	8451
comprised of purchasing officers of state institutions of higher	8452
education;	8453

(31) Applying to the department of job and family services'	8454
purchases of health assistance services under the children's	8455
health insurance program part I provided for under section 5101.50	8456
of the Revised Code, the children's health insurance program part	8457
II provided for under section 5101.51 of the Revised Code, or the	8458
children's health insurance program part III provided for under	8459
section 5101.52 of the Revised Code, or the children's buy-in	8460
program provided for under sections 5101.5211 to 5101.5216 of the	8461
Revised Code;	8462

(32) Applying to payments by the attorney general from the	8463
reparations fund to hospitals and other emergency medical	8464
facilities for performing medical examinations to collect physical	8465
evidence pursuant to section 2907.28 of the Revised Code;	8466

(33) Applying to contracts with a contracting authority or	8467
administrative receiver under division (B) of section 5126.056 of	8468
the Revised Code;	8469

(34) Applying to ~~reimbursements paid to the United States~~	8470
~~department of veterans affairs for pharmaceutical and patient~~	8471
~~supply purchases made on behalf of the Ohio veterans' home agency~~	8472
purchases of goods and services by the department of veterans	8473
services in accordance with the terms of contracts entered into by	8474
the United States department of veterans affairs;	8475

~~(35) Applying to agreements entered into with terminal~~	8476
~~distributors of dangerous drugs under section 173.79 of the~~	8477
~~Revised Code;~~	8478

~~(36)~~ Applying to payments by the superintendent of the bureau	8479
of criminal identification and investigation to the federal bureau	8480
of investigation for criminal records checks pursuant to section	8481
109.572 of the Revised Code.	8482

(E) When determining whether a state agency has reached the	8483
cumulative purchase thresholds established in divisions (B)(1) and	8484
(2) of this section, all of the following purchases by such agency	8485
shall not be considered:	8486

(1) Purchases made through competitive selection or with	8487
controlling board approval;	8488

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

8489

(3) For the purposes of the threshold of division (B)(1) of	8490
this section only, leases of real estate.	8491

(F) As used in this section, "competitive selection,"	8492
"purchase," "supplies," and "services" have the same meanings as	8493
in section 125.01 of the Revised Code.	8494

Sec. 131.33. (A) No state agency shall incur an obligation	8495
which exceeds the agency's current appropriation authority.	8496
~~Unexpended~~Except as provided in division (D) of this section,	8497
unexpended balances of appropriations shall, at the close of the	8498
period for which the appropriations are made, revert to the funds	8499
from which the appropriations were made, except that the director	8500
of budget and management shall transfer such unexpended balances	8501
from the first fiscal year to the second fiscal year of an	8502
agency's appropriations to the extent necessary for voided	8503
warrants to be reissued pursuant to division (C) of section	8504
126.37 of the Revised Code.	8505

Except as provided in this section, appropriations made to a	8506
specific fiscal year shall be expended only to pay liabilities	8507
incurred within that fiscal year.	8508

(B) All payrolls shall be charged to the allotments of the	8509
fiscal quarters in which the applicable payroll vouchers are	8510
certified by the director of budget and management in accordance	8511
with section 126.07 of the Revised Code. As used in this ~~section~~	8512
division, "payrolls" means any payment made in accordance with	8513
section 125.21 of the Revised Code.	8514

(C) Legal liabilities from prior fiscal years for which there	8515
is no reappropriation authority shall be discharged from the	8516
unencumbered balances of current appropriations.	8517

(D)(1) Federal grant funds obligated by the department of job	8518
and family services for financial allocations to county family	8519
services agencies and local workforce investment boards may, at	8520
the discretion of the director of job and family services, be	8521
available for expenditure for the duration of the federal grant	8522
period of obligation and liquidation, as follows:	8523

(a) At the end of the state fiscal year, all unexpended	8524
county family services agency and local workforce investment board	8525
financial allocations obligated from federal grant funds may	8526
continue to be valid for expenditure during subsequent state	8527
fiscal years.	8528

(b) The financial allocations described in division (D)(1)(a)	8529
of this section shall be reconciled at the end of the federal	8530
grant period of availability or as required by federal law,	8531
regardless of the state fiscal year of the appropriation.	8532

(2) The director of job and family services may adopt rules	8533
in accordance with section 111.15 of the Revised Code, as if they	8534
were internal management rules, as necessary to implement division	8535
(D) of this section.	8536

(3) As used in division (D) of this section:

8537

(a) "County family services agency" has the same meaning as	8538
in section 307.981 of the Revised Code.	8539

(b) "Local workforce investment board" means a local	8540
workforce investment board established under section 117 of the	8541
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2832,	8542
as amended.	8543

Sec. 133.06. (A) A school district shall not incur, without	8544
a vote of the electors, net indebtedness that exceeds an amount	8545
equal to one-tenth of one per cent of its tax valuation, except as	8546
provided in divisions (G) and (H) of this section and in division	8547
(C) of section 3313.372 of the Revised Code, or as prescribed in	8548
section 3318.052 or 3318.44 of the Revised Code, or as provided in	8549
division (J) of this section.	8550

(B) Except as provided in divisions (E), (F), and (I) of this	8551
section, a school district shall not incur net indebtedness that	8552
exceeds an amount equal to nine per cent of its tax valuation.	8553

(C) A school district shall not submit to a vote of the	8554
electors the question of the issuance of securities in an amount	8555
that will make the district's net indebtedness after the issuance	8556
of the securities exceed an amount equal to four per cent of its	8557
tax valuation, unless the superintendent of public instruction,	8558
acting under policies adopted by the state board of education, and	8559
the tax commissioner, acting under written policies of the	8560
commissioner, consent to the submission. A request for the	8561
consents shall be made at least one hundred five days prior to the	8562
election at which the question is to be submitted.	8563

The superintendent of public instruction shall certify to the	8564
district the superintendent's and the tax commissioner's decisions	8565
within thirty days after receipt of the request for consents.	8566

If the electors do not approve the issuance of securities at	8567
the election for which the superintendent of public instruction	8568
and tax commissioner consented to the submission of the question,	8569
the school district may submit the same question to the electors	8570
on the date that the next special election may be held under	8571
section 3501.01 of the Revised Code without submitting a new	8572
request for consent. If the school district seeks to submit the	8573
same question at any other subsequent election, the district shall	8574
first submit a new request for consent in accordance with this	8575
division.	8576

(D) In calculating the net indebtedness of a school district,	8577
none of the following shall be considered:	8578

(1) Securities issued to acquire school buses and other	8579
equipment used in transporting pupils or issued pursuant to	8580
division (D) of section 133.10 of the Revised Code;	8581

(2) Securities issued under division (F) of this section,	8582
under section 133.301 of the Revised Code, and, to the extent in	8583
excess of the limitation stated in division (B) of this section,	8584
under division (E) of this section;	8585

(3) Indebtedness resulting from the dissolution of a joint	8586
vocational school district under section 3311.217 of the Revised	8587
Code, evidenced by outstanding securities of that joint vocational	8588
school district;	8589

(4) Loans, evidenced by any securities, received under	8590
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	8591
Revised Code;	8592

(5) Debt incurred under section 3313.374 of the Revised Code;

8593

(6) Debt incurred pursuant to division (B)(5) of section	8594
3313.37 of the Revised Code to acquire computers and related	8595
hardware;	8596

(7) Debt incurred under section 3318.042 of the Revised Code.

8597

(E) A school district may become a special needs district as	8598
to certain securities as provided in division (E) of this section.	8599

(1) A board of education, by resolution, may declare its	8600
school district to be a special needs district by determining both	8601
of the following:	8602

(a) The student population is not being adequately serviced	8603
by the existing permanent improvements of the district.	8604

(b) The district cannot obtain sufficient funds by the	8605
issuance of securities within the limitation of division (B) of	8606
this section to provide additional or improved needed permanent	8607
improvements in time to meet the needs.	8608

(2) The board of education shall certify a copy of that	8609
resolution to the superintendent of public instruction with a	8610
statistical report showing all of the following:	8611

(a) A history of and a projection of the growth of the	8612
student population;	8613

(b) The history of and a projection of the growth of the tax	8614
valuation;	8615

8616

(d) The estimated cost of permanent improvements proposed to	8617
meet such projected needs.	8618

(3) The superintendent of public instruction shall certify	8619
the district as an approved special needs district if the	8620
superintendent finds both of the following:	8621

(a) The district does not have available sufficient	8622
additional funds from state or federal sources to meet the	8623
projected needs.	8624

(b) The projection of the potential average growth of tax	8625
valuation during the next five years, according to the information	8626
certified to the superintendent and any other information the	8627
superintendent obtains, indicates a likelihood of potential	8628
average growth of tax valuation of the district during the next	8629
five years of an average of not less than three per cent per year.	8630
The findings and certification of the superintendent shall be	8631
conclusive.	8632

(4) An approved special needs district may incur net	8633
indebtedness by the issuance of securities in accordance with the	8634
provisions of this chapter in an amount that does not exceed an	8635
amount equal to the greater of the following:	8636

(a) Nine per cent of the sum of its tax valuation plus an	8637
amount that is the product of multiplying that tax valuation by	8638
the percentage by which the tax valuation has increased over the	8639
tax valuation on the first day of the sixtieth month preceding the	8640
month in which its board determines to submit to the electors the	8641
question of issuing the proposed securities;	8642

(b) Nine per cent of the sum of its tax valuation plus an	8643
amount that is the product of multiplying that tax valuation by	8644
the percentage, determined by the superintendent of public	8645
instruction, by which that tax valuation is projected to increase	8646
during the next ten years.	8647

(F) A school district may issue securities for emergency	8648
purposes, in a principal amount that does not exceed an amount	8649
equal to three per cent of its tax valuation, as provided in this	8650
division.	8651

(1) A board of education, by resolution, may declare an	8652
emergency if it determines both of the following:	8653

(a) School buildings or other necessary school facilities in	8654
the district have been wholly or partially destroyed, or condemned	8655
by a constituted public authority, or that such buildings or	8656
facilities are partially constructed, or so constructed or planned	8657
as to require additions and improvements to them before the	8658
buildings or facilities are usable for their intended purpose, or	8659
that corrections to permanent improvements are necessary to remove	8660
or prevent health or safety hazards.	8661

(b) Existing fiscal and net indebtedness limitations make	8662
adequate replacement, additions, or improvements impossible.	8663

(2) Upon the declaration of an emergency, the board of	8664
education may, by resolution, submit to the electors of the	8665
district pursuant to section 133.18 of the Revised Code the	8666
question of issuing securities for the purpose of paying the cost,	8667
in excess of any insurance or condemnation proceeds received by	8668
the district, of permanent improvements to respond to the	8669
emergency need.	8670

(3) The procedures for the election shall be as provided in	8671
section 133.18 of the Revised Code, except that:	8672

(a) The form of the ballot shall describe the emergency	8673
existing, refer to this division as the authority under which the	8674
emergency is declared, and state that the amount of the proposed	8675
securities exceeds the limitations prescribed by division (B) of	8676
this section;	8677

(b) The resolution required by division (B) of section 133.18	8678
of the Revised Code shall be certified to the county auditor and	8679
the board of elections at least seventy-five days prior to the	8680
election;	8681

(c) The county auditor shall advise and, not later than	8682
sixty-five days before the election, confirm that advice by	8683
certification to, the board of education of the information	8684
required by division (C) of section 133.18 of the Revised Code;	8685

(d) The board of education shall then certify its resolution	8686
and the information required by division (D) of section 133.18 of	8687
the Revised Code to the board of elections not less than sixty	8688
days prior to the election.	8689

(4) Notwithstanding division (B) of section 133.21 of the	8690
Revised Code, the first principal payment of securities issued	8691
under this division may be set at any date not later than sixty	8692
months after the earliest possible principal payment otherwise	8693
provided for in that division.	8694

(G) The board of education may contract with an architect,	8695
professional engineer, or other person experienced in the design	8696
and implementation of energy conservation measures for an analysis	8697
and recommendations pertaining to installations, modifications of	8698
installations, or remodeling that would significantly reduce	8699
energy consumption in buildings owned by the district. The report	8700
shall include estimates of all costs of such installations,	8701
modifications, or remodeling, including costs of design,	8702
engineering, installation, maintenance, repairs, and debt service,	8703
and estimates of the amounts by which energy consumption and	8704
resultant operational and maintenance costs, as defined by the	8705
Ohio school facilities commission, would be reduced.	8706

If the board finds after receiving the report that the amount	8707
of money the district would spend on such installations,	8708
modifications, or remodeling is not likely to exceed the amount of	8709
money it would save in energy and resultant operational and	8710
maintenance costs over the ensuing fifteen years, the board may	8711
submit to the commission a copy of its findings and a request for	8712
approval to incur indebtedness to finance the making or	8713
modification of installations or the remodeling of buildings for	8714
the purpose of significantly reducing energy consumption.	8715

If the commission determines that the board's findings are	8716
reasonable, it shall approve the board's request. Upon receipt of	8717
the commission's approval, the district may issue securities	8718
without a vote of the electors in a principal amount not to exceed	8719
nine-tenths of one per cent of its tax valuation for the purpose	8720
of making such installations, modifications, or remodeling, but	8721
the total net indebtedness of the district without a vote of the	8722
electors incurred under this and all other sections of the Revised	8723
Code, except section 3318.052 of the Revised Code, shall not	8724
exceed one per cent of the district's tax valuation.	8725

So long as any securities issued under division (G) of this	8726
section remain outstanding, the board of education shall monitor	8727
the energy consumption and resultant operational and maintenance	8728
costs of buildings in which installations or modifications have	8729
been made or remodeling has been done pursuant to division (G) of	8730
this section and shall maintain and annually update a report	8731
documenting the reductions in energy consumption and resultant	8732
operational and maintenance cost savings attributable to such	8733
installations, modifications, or remodeling. The report shall be	8734
certified by an architect or engineer independent of any person	8735
that provided goods or services to the board in connection with	8736
the energy conservation measures that are the subject of the	8737
report. The resultant operational and maintenance cost savings	8738
shall be certified by the school district treasurer. The report	8739
shall be made available to the commission upon request.	8740

(H) With the consent of the superintendent of public	8741
instruction, a school district may incur without a vote of the	8742
electors net indebtedness that exceeds the amounts stated in	8743
divisions (A) and (G) of this section for the purpose of paying	8744
costs of permanent improvements, if and to the extent that both of	8745
the following conditions are satisfied:	8746

(1) The fiscal officer of the school district estimates that	8747
receipts of the school district from payments made under or	8748
pursuant to agreements entered into pursuant to section 725.02,	8749
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	8750
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	8751
Code, or distributions under division (C) of section 5709.43 of	8752
the Revised Code, or any combination thereof, are, after	8753
accounting for any appropriate coverage requirements, sufficient	8754
in time and amount, and are committed by the proceedings, to pay	8755
the debt charges on the securities issued to evidence that	8756
indebtedness and payable from those receipts, and the taxing	8757
authority of the district confirms the fiscal officer's estimate,	8758
which confirmation is approved by the superintendent of public	8759
instruction;	8760

(2) The fiscal officer of the school district certifies, and	8761
the taxing authority of the district confirms, that the district,	8762
at the time of the certification and confirmation, reasonably	8763
expects to have sufficient revenue available for the purpose of	8764
operating such permanent improvements for their intended purpose	8765
upon acquisition or completion thereof, and the superintendent of	8766
public instruction approves the taxing authority's confirmation.	8767

The maximum maturity of securities issued under division (H)	8768
of this section shall be the lesser of twenty years or the maximum	8769
maturity calculated under section 133.20 of the Revised Code.	8770

(I) A school district may incur net indebtedness by the	8771
issuance of securities in accordance with the provisions of this	8772
chapter in excess of the limit specified in division (B) or (C) of	8773
this section when necessary to raise the school district portion	8774
of the basic project cost and any additional funds necessary to	8775
participate in a project under Chapter 3318. of the Revised Code,	8776
including the cost of items designated by the Ohio school	8777
facilities commission as required locally funded initiatives and	8778
the cost for site acquisition. The school facilities commission	8779
shall notify the superintendent of public instruction whenever a	8780
school district will exceed either limit pursuant to this	8781
division.	8782

(J) A school district whose portion of the basic project cost	8783
of its classroom facilities project under sections 3318.01 to	8784
3318.20 of the Revised Code is greater than or equal to one	8785
hundred million dollars may incur without a vote of the electors	8786
net indebtedness in an amount up to two per cent of its tax	8787
valuation through the issuance of general obligation securities in	8788
order to generate all or part of the amount of its portion of the	8789
basic project cost if the controlling board has approved the	8790
school facilities commission's conditional approval of the project	8791
under section 3318.04 of the Revised Code. The school district	8792
board and the Ohio school facilities commission shall include the	8793
dedication of the proceeds of such securities in the agreement	8794
entered into under section 3318.08 of the Revised Code. No state	8795
moneys shall be released for a project to which this section	8796
applies until the proceeds of any bonds issued under this section	8797
that are dedicated for the payment of the school district portion	8798
of the project are first deposited into the school district's	8799
project construction fund.	8800

Sec. 141.04. (A) The annual salaries of the chief justice of	8801
the supreme court and of the justices and judges named in this	8802
section payable from the state treasury are as follows, rounded to	8803
the nearest fifty dollars:	8804

(1) For the chief justice of the supreme court, the following	8805
amounts effective in the following years:	8806

(a) Beginning January 1, 2000, one hundred twenty-four	8807
thousand nine hundred dollars;	8808

(b) Beginning January 1, 2001, one hundred twenty-eight	8809
thousand six hundred fifty dollars;	8810

(c) After 2001, the amount determined under division (E)(1)	8811
of this section.	8812

(2) For the justices of the supreme court, the following	8813
amounts effective in the following years:	8814

(a) Beginning January 1, 2000, one hundred seventeen thousand	8815
two hundred fifty dollars;	8816

(b) Beginning January 1, 2001, one hundred twenty thousand	8817
seven hundred fifty dollars;	8818

(c) After 2001, the amount determined under division (E)(1)	8819
of this section.	8820

(3) For the judges of the courts of appeals, the following	8821
amounts effective in the following years:	8822

(a) Beginning January 1, 2000, one hundred nine thousand two	8823
hundred fifty dollars;	8824

(b) Beginning January 1, 2001, one hundred twelve thousand	8825
five hundred fifty dollars;	8826

(c) After 2001, the amount determined under division (E)(1)	8827
of this section.	8828

(4) For the judges of the courts of common pleas, the	8829
following amounts effective in the following years:	8830

(a) Beginning January 1, 2000, one hundred thousand five	8831
hundred dollars, reduced by an amount equal to the annual	8832
compensation paid to that judge from the county treasury pursuant	8833
to section 141.05 of the Revised Code;	8834

(b) Beginning January 1, 2001, one hundred three thousand	8835
five hundred dollars, reduced by an amount equal to the annual	8836
compensation paid to that judge from the county treasury pursuant	8837
to section 141.05 of the Revised Code;	8838

(c) After 2001, the aggregate annual salary amount determined	8839
under division (E)(2) of this section reduced by an amount equal	8840
to the annual compensation paid to that judge from the county	8841
treasury pursuant to section 141.05 of the Revised Code.	8842

(5) For the full-time judges of a municipal court or the	8843
part-time judges of a municipal court of a territory having a	8844
population of more than fifty thousand, the following amounts	8845
effective in the following years, which amounts shall be in	8846
addition to all amounts received pursuant to divisions (B)(1)(a)	8847
and (2) of section 1901.11 of the Revised Code from municipal	8848
corporations and counties:	8849

(a) Beginning January 1, 2000, thirty-two thousand six	8850
hundred fifty dollars;	8851

(b) Beginning January 1, 2001, thirty-five thousand five	8852
hundred dollars;	8853

(c) After 2001, the amount determined under division (E)(3)	8854
of this section.	8855

(6) For judges of a municipal court designated as part-time	8856
judges by section 1901.08 of the Revised Code, other than	8857
part-time judges to whom division (A)(5) of this section applies,	8858
and for judges of a county court, the following amounts effective	8859
in the following years, which amounts shall be in addition to any	8860
amounts received pursuant to division (A) of section 1901.11 of	8861
the Revised Code from municipal corporations and counties or	8862
pursuant to division (A) of section 1907.16 of the Revised Code	8863
from counties:	8864

(a) Beginning January 1, 2000, eighteen thousand eight	8865
hundred dollars;	8866

(b) Beginning January 1, 2001, twenty thousand four hundred	8867
fifty dollars;	8868

(c) After 2001, the amount determined under division (E)(4)	8869
of this section.	8870

(B) Except as provided in section 1901.121 of the Revised	8871
Code, except as otherwise provided in this division, and except	8872
for the compensation to which the judges described in division	8873
(A)(5) of this section are entitled pursuant to divisions	8874
(B)(1)(a) and (2) of section 1901.11 of the Revised Code, the	8875
annual salary of the chief justice of the supreme court and of	8876
each justice or judge listed in division (A) of this section shall	8877
be paid in equal monthly installments from the state treasury. If	8878
the chief justice of the supreme court or any justice or judge	8879
listed in division (A)(2), (3), or (4) of this section delivers a	8880
written request to be paid biweekly to the administrative director	8881
of the supreme court prior to the first day of January of any	8882
year, the annual salary of the chief justice or the justice or	8883
judge that is listed in division (A)(2), (3), or (4) of this	8884
section shall be paid, during the year immediately following the	8885
year in which the request is delivered to the administrative	8886
director of the supreme court, biweekly from the state treasury.	8887

(C) Upon the death of the chief justice or a justice of the	8888
supreme court during that person's term of office, an amount shall	8889
be paid in accordance with section 2113.04 of the Revised Code, or	8890
to that person's estate. The amount shall equal the amount of the	8891
salary that the chief justice or justice would have received	8892
during the remainder of the unexpired term or an amount equal to	8893
the salary of office for two years, whichever is less.	8894

(D) Neither the chief justice of the supreme court nor any	8895
justice or judge of the supreme court, the court of appeals, the	8896
court of common pleas, or the probate court shall hold any other	8897
office of trust or profit under the authority of this state or the	8898
United States.	8899

(E)(1) Each ~~calendar~~ year from 2002 through 2008, the annual	8900
salaries of the chief justice of the supreme court and of the	8901
justices and judges named in divisions (A)(2) and (3) of this	8902
section shall be increased by an amount equal to the adjustment	8903
percentage for that year multiplied by the compensation paid the	8904
preceding year pursuant to division (A)(1), (2), or (3) of this	8905
section.	8906

(2) Each ~~calendar~~ year from 2002 through 2008, the aggregate	8907
annual salary payable under division (A)(4) of this section to the	8908
judges named in that division shall be increased by an amount	8909
equal to the adjustment percentage for that year multiplied by the	8910
aggregate compensation paid the preceding year pursuant to	8911
division (A)(4) of this section and section 141.05 of the Revised	8912
Code.	8913

(3) Each ~~calendar~~ year from 2002 through 2008, the salary	8914
payable from the state treasury under division (A)(5) of this	8915
section to the judges named in that division shall be increased by	8916
an amount equal to the adjustment percentage for that year	8917
multiplied by the aggregate compensation paid the preceding year	8918
pursuant to division (A)(5) of this section and division (B)(1)(a)	8919
of section 1901.11 of the Revised Code.	8920

(4) Each ~~calendar~~ year from 2002 through 2008, the salary	8921
payable from the state treasury under division (A)(6) of this	8922
section to the judges named in that division shall be increased by	8923
an amount equal to the adjustment percentage for that year	8924
multiplied by the aggregate compensation paid the preceding year	8925
pursuant to division (A)(6) of this section and division (A) of	8926
section 1901.11 of the Revised Code from municipal corporations	8927
and counties or division (A) of section 1907.16 of the Revised	8928
Code from counties.	8929

(F) In addition to the salaries payable pursuant to this	8930
section, the chief justice of the supreme court and the justices	8931
of the supreme court shall be entitled to a vehicle allowance of	8932
five hundred dollars per month, payable from the state treasury.	8933
The allowance shall be increased on the first day of January of	8934
each odd numbered year by an amount equal to the percentage	8935
increase, if any, in the consumer price index for the immediately	8936
preceding twenty-four month period for which information is	8937
available.	8938

(G) As used in this section:

8939

(1) The "adjustment percentage" for a year is the lesser of	8940
the following:	8941

(a) Three per cent;

8942

(b) The percentage increase, if any, in the consumer price	8943
index over the twelve-month period that ends on the thirtieth day	8944
of September of the immediately preceding year, rounded to the	8945
nearest one-tenth of one per cent.	8946

(2) "Consumer price index" has the same meaning as in section	8947
101.27 of the Revised Code.	8948

(3) "Salary" does not include any portion of the cost,	8949
premium, or charge for health, medical, hospital, dental, or	8950
surgical benefits, or any combination of those benefits, covering	8951
the chief justice of the supreme court or a justice or judge named	8952
in this section and paid on the chief justice's or the justice's	8953
or judge's behalf by a governmental entity.	8954

Sec. 145.012. (A) "Public employee," as defined in division	8955
(A) of section 145.01 of the Revised Code, does not include any	8956
person:	8957

(1) Who is employed by a private, temporary-help service and	8958
performs services under the direction of a public employer or is	8959
employed on a contractual basis as an independent contractor under	8960
a personal service contract with a public employer;	8961

(2) Who is an emergency employee serving on a temporary basis	8962
in case of fire, snow, earthquake, flood, or other similar	8963
emergency;	8964

(3) Who is employed in a program established pursuant to the	8965
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	8966
1501;	8967

(4) Who is an appointed member of either the motor vehicle	8968
salvage dealers board or the motor vehicle dealer's board whose	8969
rate and method of payment are determined pursuant to division (J)	8970
of section 124.15 of the Revised Code;	8971

(5) Who is employed as an election worker and paid less than	8972
five hundred dollars per calendar year for that service;	8973

(6) Who is employed as a firefighter in a position requiring	8974
satisfactory completion of a firefighter training course approved	8975
under former section 3303.07 or section 4765.55 of the Revised	8976
Code or conducted under section 3737.33 of the Revised Code except	8977
for the following:	8978

(a) Any firefighter who has elected under section 145.013 of	8979
the Revised Code to remain a contributing member of the public	8980
employees retirement system;	8981

(b) Any firefighter who was eligible to transfer from the	8982
public employees retirement system to the Ohio police and fire	8983
pension fund under section 742.51 or 742.515 of the Revised Code	8984
and did not elect to transfer;	8985

(c) Any firefighter who has elected under section 742.516 of	8986
the Revised Code to transfer from the Ohio police and fire pension	8987
fund to the public employees retirement system.	8988

(7) Who is a member of the board of health of a city or	8989
general health district, which pursuant to sections 3709.051 and	8990
3709.07 of the Revised Code includes a combined health district,	8991
and whose compensation for attendance at meetings of the board is	8992
set forth in division (B) of section 3709.02 or division (B) of	8993
section 3709.05 of the Revised Code, as appropriate;	8994

(8) Who participates in an alternative retirement plan	8995
established under Chapter 3305. of the Revised Code;	8996

(9) Who is a member of the board of directors of a sanitary	8997
district established under Chapter 6115. of the Revised Code;	8998

(10) Who is a member of the unemployment compensation	8999
advisory council.	9000

(B) No inmate of a correctional institution operated by the	9001
department of rehabilitation and correction, no patient in a	9002
hospital for the mentally ill or criminally insane operated by the	9003
department of mental health, no resident in an institution for the	9004
mentally retarded operated by the department of mental retardation	9005
and developmental disabilities, no resident admitted as a patient	9006
of a veterans' home operated under Chapter 5907. of the Revised	9007
Code, and no resident of a county home shall be considered as a	9008
public employee for the purpose of establishing membership or	9009
calculating service credit or benefits under this chapter.	9010
Nothing in this division shall be construed to affect any service	9011
credit attained by any person who was a public employee before	9012
becoming an inmate, patient, or resident at any institution listed	9013
in this division, or the payment of any benefit for which such a	9014
person or such a person's beneficiaries otherwise would be	9015
eligible.	9016

Sec. 145.11. (A) The members of the public employees	9017
retirement board shall be the trustees of the funds created by	9018
section 145.23 of the Revised Code. The board shall have full	9019
power to invest the funds. The board and other fiduciaries shall	9020
discharge their duties with respect to the funds solely in the	9021
interest of the participants and beneficiaries; for the exclusive	9022
purpose of providing benefits to participants and their	9023
beneficiaries and defraying reasonable expenses of administering	9024
the public employees retirement system; with care, skill,	9025
prudence, and diligence under the circumstances then prevailing	9026
that a prudent person acting in a like capacity and familiar with	9027
these matters would use in the conduct of an enterprise of a like	9028
character and with like aims; and by diversifying the investments	9029
of the system so as to minimize the risk of large losses, unless	9030
under the circumstances it is clearly prudent not to do so.	9031

To facilitate investment of the funds, the board may	9032
establish a partnership, trust, limited liability company,	9033
corporation, including a corporation exempt from taxation under	9034
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	9035
amended, or any other legal entity authorized to transact business	9036
in this state.	9037

(B) In exercising its fiduciary responsibility with respect	9038
to the investment of the funds, it shall be the intent of the	9039
board to give consideration to investments that enhance the	9040
general welfare of the state and its citizens where the	9041
investments offer quality, return, and safety comparable to other	9042
investments currently available to the board. In fulfilling this	9043
intent, equal consideration shall also be given to investments	9044
otherwise qualifying under this section that involve minority	9045
owned and controlled firms and firms owned and controlled by	9046
women, either alone or in joint venture with other firms.	9047

The board shall adopt, in regular meeting, policies,	9048
objectives, or criteria for the operation of the investment	9049
program that include asset allocation targets and ranges, risk	9050
factors, asset class benchmarks, time horizons, total return	9051
objectives, and performance evaluation guidelines. In adopting	9052
policies and criteria for the selection of agents and investment	9053
managers with whom the board may contract for the administration	9054
of the funds, the board shall comply with sections 145.114 and	9055
145.116 of the Revised Code and ~~shall~~may also ~~give equal~~	9056
~~consideration to~~set aside approximately fifteen per cent of the	9057
contracts for minority owned and controlled firms, firms owned	9058
and controlled by women, and ventures involving minority owned and	9059
controlled firms and firms owned and controlled by women that	9060
otherwise meet the policies and criteria established by the board.	9061
Amendments and additions to the policies and criteria shall be	9062
adopted in regular meeting. The board shall publish its policies,	9063
objectives, and criteria under this provision no less often than	9064
annually and shall make copies available to interested parties.	9065

When reporting on the performance of investments, the board	9066
shall comply with the performance presentation standards	9067
established by the association for investment management and	9068
research.	9069

(C) All investments shall be purchased at current market	9070
prices and the evidences of title of the investments shall be	9071
placed in the hands of the treasurer of state, who is hereby	9072
designated as custodian thereof, or in the hands of the treasurer	9073
of state's authorized agent. Evidences of title of the investments	9074
so purchased may be deposited by the treasurer of state for	9075
safekeeping with an authorized agent, selected by the treasurer of	9076
state, who is a qualified trustee under section 135.18 of the	9077
Revised Code. The treasurer of state or the agent shall collect	9078
the principal, dividends, distributions, and interest thereon as	9079
they become due and payable and place them when so collected into	9080
the custodial funds.	9081

The treasurer of state shall pay for investments purchased by	9082
the retirement board on receipt of written or electronic	9083
instructions from the board or the board's designated agent	9084
authorizing the purchase and pending receipt of the evidence of	9085
title of the investment by the treasurer of state or the treasurer	9086
of state's authorized agent. The board may sell investments held	9087
by the board, and the treasurer of state or the treasurer of	9088
state's authorized agent shall accept payment from the purchaser	9089
and deliver evidence of title of the investment to the purchaser	9090
on receipt of written or electronic instructions from the board or	9091
the board's designated agent authorizing the sale, and pending	9092
receipt of the moneys for the investments. The amount received	9093
shall be placed in the custodial funds. The board and the	9094
treasurer of state may enter into agreements to establish	9095
procedures for the purchase and sale of investments under this	9096
division and the custody of the investments.	9097

(D) No purchase or sale of any investment shall be made under	9098
this section except as authorized by the public employees	9099
retirement board.	9100

(E) Any statement of financial position distributed by the	9101
board shall include the fair value, as of the statement date, of	9102
all investments held by the board under this section.	9103

Sec. 145.117. (A) As used in this section:

9104

(1) "Minority business enterprise" has the meaning defined in	9105
section 122.71 of the Revised Code.	9106

(2) "Ohio-qualified investment manager" means an investment	9107
manager who has been designated as such by the public employees	9108
retirement board under division (A) of section 145.116 of the	9109
Revised Code.	9110

(3) "Women's business enterprise" means a business, or a	9111
partnership, corporation, limited liability company, or joint	9112
venture of any kind, that is owned and controlled by women who	9113
are United States citizens and residents of this state.	9114

(B) The public employees retirement board shall submit	9115
annually to the governor, to the general assembly (under section	9116
101.68 of the Revised Code), and to the Ohio retirement study	9117
council a report containing the following information:	9118

(1) The name of each Ohio-qualified investment manager that	9119
is a minority business enterprise or a women's business enterprise	9120
with which the board contracts;	9121

(2) The amount of assets managed by Ohio-qualified investment	9122
managers that are minority business enterprises or women's	9123
business enterprises, expressed as a percentage of assets managed	9124
by Ohio-qualified investment managers with which the board has	9125
contracted;	9126

(3) Efforts by the board to increase utilization of	9127
Ohio-qualified investment managers that are minority business	9128
enterprises or women's business enterprises.	9129

Sec. 145.298. (A) As used in this section:

9130

(1) "State employing unit" means an employing unit described	9131
in division (A)(2) of section 145.297 of the Revised Code.	9132

(2) "State institution" means a state correctional facility,	9133
a state institution for the mentally ill, or a state institution	9134
for the care, treatment, and training of the mentally retarded.	9135

(B) In(1) Prior to July 1, 2009, in the event of a proposal	9136
to close a state institution or lay off, within a six-month	9137
period, a number of persons employed at an institution that equals	9138
or exceeds the lesser of fifty or ten per cent of the persons	9139
employed at the institution, the employing unit responsible for	9140
the institution's operation shall establish a retirement incentive	9141
plan for persons employed at the institution.	9142

(2) On and after July 1, 2009, in the event of a proposal to	9143
close a state institution or lay off, within a six-month period, a	9144
number of persons employed at an institution that equals or	9145
exceeds the lesser of two hundred or thirty per cent of the	9146
persons employed at the institution, the employing unit	9147
responsible for the institution's operation shall establish a	9148
retirement incentive plan for persons employed at the institution.	9149

(C) In(1) Prior to July 1, 2009, in the event of a proposal,	9150
other than ~~a proposal~~the proposals described in division (B) of	9151
this section, to lay off, within a six-month period, a number of	9152
employees of a state employing unit that equals or exceeds the	9153
lesser of fifty or ten per cent of the employing unit's employees,	9154
the employing unit shall establish a retirement incentive plan for	9155
employees of the employing unit.	9156

(2) On and after July 1, 2009, in the event of a proposal,	9157
other than the proposals described in division (B) of this	9158
section, to lay off, within a six-month period, a number of	9159
employees of a state employing unit that equals or exceeds the	9160
lesser of two hundred or thirty per cent of the employing unit's	9161
employees, the employing unit shall establish a retirement	9162
incentive plan for employees of the employing unit.	9163

(D)(1) A retirement incentive plan established under this	9164
section shall be consistent with the requirements of section	9165
145.297 of the Revised Code, except as provided in division (D)(2)	9166
of this section and except that the plan shall go into effect at	9167
the time the layoffs or proposed closings are announced and shall	9168
remain in effect until the date of the layoffs or closings.	9169

(2) A retirement incentive plan established under this	9170
section due to the proposed closing of a state institution by the	9171
department of mental health prior to July 1, 1997, shall be	9172
consistent with the requirements of section 145.297 of the Revised	9173
Code, except as follows:	9174

(a) The employing unit shall purchase at least three years of	9175
service credit for each participating employee, except that it	9176
shall not purchase more service credit than the amount allowed by	9177
division (D) of section 145.297 of the Revised Code;	9178

(b) The plan shall go into effect at the time the proposed	9179
closing is announced and shall remain in effect at least until the	9180
date of the closing.	9181

(3) If the employing unit already has a retirement incentive	9182
plan in effect, the plan shall remain in effect at least until the	9183
date of the layoffs or closings. The employing unit may revise the	9184
existing plan to provide greater benefits, but if it revises the	9185
plan, it shall give written notice of the changes to all employees	9186
who have elected to participate in the original plan, and it shall	9187
provide the greater benefits to all employees who participate in	9188
the plan, whether their elections to participate were made before	9189
or after the date of the revision.	9190

Sec. 148.02. The Ohio public employees deferred compensation	9191
board shall be comprised of a member of the house of	9192
representatives and a member of the senate, who shall not be of	9193
the same political party, each to be appointed to serve at the	9194
pleasure of the member's respective leadership, and the members of	9195
the public employees retirement board as constituted by section	9196
145.04 of the Revised Code, who are hereby created as a separate	9197
legal entity for the purpose of administering a deferred	9198
compensation system for all eligible employees. The public	9199
employees retirement board may utilize its employees and property	9200
in the administration of the system on behalf of the Ohio public	9201
employees deferred compensation board, in consideration of a	9202
reasonable service charge to be applied in a nondiscriminatory	9203
manner to all amounts of compensation deferred under this system.	9204

The Ohio public employees deferred compensation board may	9205
exercise the same powers granted by section 145.09 of the Revised	9206
Code necessary to its functions. The attorney general shall be the	9207
legal adviser of the board. The treasurer of state shall be the	9208
custodian of contributions into the deferred compensation program.	9209

Sec. 148.04. (A) The Ohio public employees deferred	9210
compensation board shall initiate, plan, expedite, and, subject to	9211
an appropriate assurance of the approval of the internal revenue	9212
service, promulgate and offer to all eligible employees, and	9213
thereafter administer on behalf of all participating employees and	9214
continuing members, and alter as required, a program for deferral	9215
of compensation, including a reasonable number of options to the	9216
employee for the investment of deferred funds, ~~including life~~	9217
~~insurance, annuities, variable annuities, pooled investment funds~~	9218
~~managed by the board, or other forms of investment approved by the~~	9219
~~board,~~ always in such form as will assure the desired tax	9220
treatment of such funds. The members of the board are the trustees	9221
of any deferred funds and shall discharge their duties with	9222
respect to the funds solely in the interest of and for the	9223
exclusive benefit of participating employees, continuing members,	9224
and their beneficiaries. With respect to such deferred funds,	9225
section 148.09 of the Revised Code shall apply to claims against	9226
participating employees or continuing members and their employers.	9227

(B)(1) Whenever an individual becomes employed in a position	9228
paid by warrant of the director of budget and management, the	9229
individual's employer shall do both of the following at the time	9230
the employee completes the employee's initial employment	9231
paperwork:	9232

(a) Provide information to the employee either verbally or in	9233
writing regarding the benefits of long-term savings through	9234
deferred compensation;	9235

(b) Secure, in writing, the employee's election to	9236
participate or not participate in a deferred compensation program	9237
offered by the board.	9238

If the employee elects to participate in the deferred	9239
compensation program, the employee also shall execute a	9240
participation agreement to become a member of the program.	9241

An election regarding participation under this section shall	9242
be made in such manner and form as is prescribed by the Ohio	9243
public employees deferred compensation program and shall be filed	9244
with the program.	9245

The employer shall forward each election completed under this	9246
division to the deferred compensation program not later than	9247
thirty days after the date on which the employee's employment	9248
begins.	9249

(2) Every employer of an eligible employee shall contract	9250
with the employee upon the employee's application for	9251
participation in a deferred compensation program offered by the	9252
board. ~~Every retirement system serving an eligible employee shall~~	9253
~~serve as collection agent for compensation deferred by any of its~~	9254
~~members and account for and deliver such sums to the board.~~	9255

(C) The board shall, subject to any applicable contract	9256
provisions, undertake to obtain as favorable conditions of tax	9257
treatment as possible, both in the initial programs and any	9258
permitted alterations of them or additions to them, as to such	9259
matters as terms of distribution, designation of beneficiaries,	9260
withdrawal upon disability, financial hardship, or termination of	9261
public employment, and other optional provisions.	9262

(D) In no event shall the total of the amount of deferred	9263
compensation to be set aside under a deferred compensation program	9264
and the employee's nondeferred income for any year exceed the	9265
total annual salary or compensation under the existing salary	9266
schedule or classification plan applicable to the employee in that	9267
year.	9268

Such a deferred compensation program shall be in addition to	9269
any retirement or any other benefit program provided by law for	9270
employees of this state. The board shall adopt rules pursuant to	9271
Chapter 119. of the Revised Code to provide any necessary	9272
standards or conditions for the administration of its programs,	9273
including any limits on the portion of a participating employee's	9274
compensation that may be deferred in order to avoid adverse	9275
treatment of the program by the internal revenue service or the	9276
occurrence of deferral, withholding, or other deductions in excess	9277
of the compensation available for any pay period.	9278

Any income deferred under such a plan shall continue to be	9279
included as regular compensation for the purpose of computing the	9280
contributions to and benefits from the retirement system of such	9281
employee. Any sum so deferred shall not be included in the	9282
computation of any federal and state income taxes withheld on	9283
behalf of any such employee.	9284

(E) This section does not limit the authority of any	9285
municipal corporation, county, township, park district,	9286
conservancy district, sanitary district, health district, public	9287
library, county law library, public institution of higher	9288
education, or school district to provide separate authorized plans	9289
or programs for deferring compensation of their officers and	9290
employees in addition to the program for the deferral of	9291
compensation offered by the board. Any municipal corporation,	9292
township, public institution of higher education, or school	9293
district that offers such plans or programs shall include a	9294
reasonable number of options to its officers or employees for the	9295
investment of the deferred funds, including annuities, variable	9296
annuities, regulated investment trusts, or other forms of	9297
investment approved by the municipal corporation, township, public	9298
institution of higher education, or school district, that will	9299
assure the desired tax treatment of the funds.	9300

Sec. 148.05. (A)(1) As used in this division, "personal	9301
history record" means information maintained by the Ohio public	9302
employees deferred compensation board on an individual who is a	9303
participating employee or continuing member that includes the	9304
address, telephone number, social security number, record of	9305
contributions, records of benefits, correspondence with the Ohio	9306
public employees deferred compensation program, or other	9307
information the board determines to be confidential.	9308

(2) The records of the board shall be open to public	9309
inspection, except that the following shall be excluded, except	9310
with the written authorization of the individual concerned:	9311

(a) Information pertaining to an individual's participant	9312
account;	9313

(b) The individual's personal history record.

9314

(B)(1) All medical reports, records, and recommendations of a	9315
participating employee or a continuing member that are in the	9316
possession of the board are privileged.	9317

(2) All tax information of a participating employee,	9318
continuing member, or former participant or member that is in the	9319
possession of the board shall be confidential to the extent the	9320
information is confidential under Title LVII or any other	9321
provision of the Revised Code.	9322

(C) Notwithstanding the exceptions to public inspection in	9323
division (A)(2) of this section, the board may furnish the	9324
following information:	9325

(1) If a participating employee, continuing member, or former	9326
participant or member is subject to an order issued under section	9327
2907.15 of the Revised Code or is convicted of or pleads guilty	9328
to a violation of section 2921.41 of the Revised Code, on written	9329
request of a prosecutor as defined in section 2935.01 of the	9330
Revised Code, the board shall furnish to the prosecutor the	9331
information requested from the individual's personal history	9332
record or participant account.	9333

(2) Pursuant to a court or administrative order issued	9334
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	9335
Code, the board shall furnish to a court or child support	9336
enforcement agency the information required under that section.	9337

(3) Pursuant to an administrative subpoena issued by a state	9338
agency, the board shall furnish the information required by the	9339
subpoena.	9340

(4) The board shall comply with orders issued under section	9341
3105.87 of the Revised Code.	9342

(D) A statement that contains information obtained from the	9343
program's records that is signed by the executive director or the	9344
director's designee and to which the board's official seal is	9345
affixed, or copies of the program's records to which the	9346
signature and seal are attached, shall be received as true copies	9347
of the board's records in any court or before any officer of this	9348
state.	9349

Sec. 149.308. There is hereby created in the state treasury	9350
the Ohio historical society income tax contribution fund, which	9351
shall consist of money contributed to it under section 5747.113 of	9352
the Revised Code and of contributions made directly to it. Any	9353
person may contribute directly to the fund in addition to or	9354
independently of the income tax refund contribution system	9355
established in section 5747.113 of the Revised Code.	9356

The Ohio historical society shall use money credited to the	9357
fund in furtherance of the public functions with which the society	9358
is charged under section 149.30 of the Revised Code.	9359

Sec. 149.43. (A) As used in this section:

9360

(1) "Public record" means records kept by any public office,	9361
including, but not limited to, state, county, city, village,	9362
township, and school district units, and records pertaining to the	9363
delivery of educational services by an alternative school in this	9364
state kept by the nonprofit or for-profit entity operating the	9365
alternative school pursuant to section 3313.533 of the Revised	9366
Code. "Public record" does not mean any of the following:	9367

(a) Medical records;

9368

(b) Records pertaining to probation and parole proceedings or	9369
to proceedings related to the imposition of community control	9370
sanctions and post-release control sanctions;	9371

(c) Records pertaining to actions under section 2151.85 and	9372
division (C) of section 2919.121 of the Revised Code and to	9373
appeals of actions arising under those sections;	9374

(d) Records pertaining to adoption proceedings, including the	9375
contents of an adoption file maintained by the department of	9376
health under section 3705.12 of the Revised Code;	9377

(e) Information in a record contained in the putative father	9378
registry established by section 3107.062 of the Revised Code,	9379
regardless of whether the information is held by the department of	9380
job and family services or, pursuant to section 3111.69 of the	9381
Revised Code, the office of child support in the department or a	9382
child support enforcement agency;	9383

(f) Records listed in division (A) of section 3107.42 of the	9384
Revised Code or specified in division (A) of section 3107.52 of	9385
the Revised Code;	9386

(g) Trial preparation records;

9387

(h) Confidential law enforcement investigatory records;

9388

(i) Records containing information that is confidential under	9389
section 2710.03 or 4112.05 of the Revised Code;	9390

(j) DNA records stored in the DNA database pursuant to	9391
section 109.573 of the Revised Code;	9392

(k) Inmate records released by the department of	9393
rehabilitation and correction to the department of youth services	9394
or a court of record pursuant to division (E) of section 5120.21	9395
of the Revised Code;	9396

(l) Records maintained by the department of youth services	9397
pertaining to children in its custody released by the department	9398
of youth services to the department of rehabilitation and	9399
correction pursuant to section 5139.05 of the Revised Code;	9400

(m) Intellectual property records;

9401

(n) Donor profile records;

9402

(o) Records maintained by the department of job and family	9403
services pursuant to section 3121.894 of the Revised Code;	9404

(p) Peace officer, parole officer, prosecuting attorney,	9405
assistant prosecuting attorney, correctional employee, youth	9406
services employee, firefighter, or EMT residential and familial	9407
information;	9408

(q) In the case of a county hospital operated pursuant to	9409
Chapter 339. of the Revised Code or a municipal hospital operated	9410
pursuant to Chapter 749. of the Revised Code, information that	9411
constitutes a trade secret, as defined in section 1333.61 of the	9412
Revised Code;	9413

(r) Information pertaining to the recreational activities of	9414
a person under the age of eighteen;	9415

(s) Records provided to, statements made by review board	9416
members during meetings of, and all work products of a child	9417
fatality review board acting under sections 307.621 to 307.629 of	9418
the Revised Code, and child fatality review data submitted by the	9419
child fatality review board to the department of health or a	9420
national child death review database, other than the report	9421
prepared pursuant to division (A) of section 307.626 of the	9422
Revised Code;	9423

(t) Records provided to and statements made by the executive	9424
director of a public children services agency or a prosecuting	9425
attorney acting pursuant to section 5153.171 of the Revised Code	9426
other than the information released under that section;	9427

(u) Test materials, examinations, or evaluation tools used in	9428
an examination for licensure as a nursing home administrator that	9429
the board of examiners of nursing home administrators administers	9430
under section 4751.04 of the Revised Code or contracts under that	9431
section with a private or government entity to administer;	9432

(v) Records the release of which is prohibited by state or	9433
federal law;	9434

(w) Proprietary information of or relating to any person that	9435
is submitted to or compiled by the Ohio venture capital authority	9436
created under section 150.01 of the Revised Code;	9437

(x) Information reported and evaluations conducted pursuant	9438
to section 3701.072 of the Revised Code;	9439

(y) Financial statements and data any person submits for any	9440
purpose to the Ohio housing finance agency or the controlling	9441
board in connection with applying for, receiving, or accounting	9442
for financial assistance from the agency, and information that	9443
identifies any individual who benefits directly or indirectly from	9444
financial assistance from the agency;	9445

(z) Records listed in section 5101.29 of the Revised Code.

9446

(aa) Discharges recorded with a county recorder under section	9447
317.24 of the Revised Code, as specified in division (B)(2) of	9448
that section.	9449

(2) "Confidential law enforcement investigatory record" means	9450
any record that pertains to a law enforcement matter of a	9451
criminal, quasi-criminal, civil, or administrative nature, but	9452
only to the extent that the release of the record would create a	9453
high probability of disclosure of any of the following:	9454

(a) The identity of a suspect who has not been charged with	9455
the offense to which the record pertains, or of an information	9456
source or witness to whom confidentiality has been reasonably	9457
promised;	9458

(b) Information provided by an information source or witness	9459
to whom confidentiality has been reasonably promised, which	9460
information would reasonably tend to disclose the source's or	9461
witness's identity;	9462

(c) Specific confidential investigatory techniques or	9463
procedures or specific investigatory work product;	9464

(d) Information that would endanger the life or physical	9465
safety of law enforcement personnel, a crime victim, a witness, or	9466
a confidential information source.	9467

(3) "Medical record" means any document or combination of	9468
documents, except births, deaths, and the fact of admission to or	9469
discharge from a hospital, that pertains to the medical history,	9470
diagnosis, prognosis, or medical condition of a patient and that	9471
is generated and maintained in the process of medical treatment.	9472

(4) "Trial preparation record" means any record that contains	9473
information that is specifically compiled in reasonable	9474
anticipation of, or in defense of, a civil or criminal action or	9475
proceeding, including the independent thought processes and	9476
personal trial preparation of an attorney.	9477

(5) "Intellectual property record" means a record, other than	9478
a financial or administrative record, that is produced or	9479
collected by or for faculty or staff of a state institution of	9480
higher learning in the conduct of or as a result of study or	9481
research on an educational, commercial, scientific, artistic,	9482
technical, or scholarly issue, regardless of whether the study or	9483
research was sponsored by the institution alone or in conjunction	9484
with a governmental body or private concern, and that has not been	9485
publicly released, published, or patented.	9486

(6) "Donor profile record" means all records about donors or	9487
potential donors to a public institution of higher education	9488
except the names and reported addresses of the actual donors and	9489
the date, amount, and conditions of the actual donation.	9490

(7) "Peace officer, parole officer, prosecuting attorney,	9491
assistant prosecuting attorney, correctional employee, youth	9492
services employee, firefighter, or EMT residential and familial	9493
information" means any information that discloses any of the	9494
following about a peace officer, parole officer, prosecuting	9495
attorney, assistant prosecuting attorney, correctional employee,	9496
youth services employee, firefighter, or EMT:	9497

(a) The address of the actual personal residence of a peace	9498
officer, parole officer, assistant prosecuting attorney,	9499
correctional employee, youth services employee, firefighter, or	9500
EMT, except for the state or political subdivision in which the	9501
peace officer, parole officer, assistant prosecuting attorney,	9502
correctional employee, youth services employee, firefighter, or	9503
EMT resides;	9504

(b) Information compiled from referral to or participation in	9505
an employee assistance program;	9506

(c) The social security number, the residential telephone	9507
number, any bank account, debit card, charge card, or credit card	9508
number, or the emergency telephone number of, or any medical	9509
information pertaining to, a peace officer, parole officer,	9510
prosecuting attorney, assistant prosecuting attorney, correctional	9511
employee, youth services employee, firefighter, or EMT;	9512

(d) The name of any beneficiary of employment benefits,	9513
including, but not limited to, life insurance benefits, provided	9514
to a peace officer, parole officer, prosecuting attorney,	9515
assistant prosecuting attorney, correctional employee, youth	9516
services employee, firefighter, or EMT by the peace officer's,	9517
parole officer's, prosecuting attorney's, assistant prosecuting	9518
attorney's, correctional employee's, youth services employee's,	9519
firefighter's, or EMT's employer;	9520

(e) The identity and amount of any charitable or employment	9521
benefit deduction made by the peace officer's, parole officer's,	9522
prosecuting attorney's, assistant prosecuting attorney's,	9523
correctional employee's, youth services employee's, firefighter's,	9524
or EMT's employer from the peace officer's, parole officer's,	9525
prosecuting attorney's, assistant prosecuting attorney's,	9526
correctional employee's, youth services employee's, firefighter's,	9527
or EMT's compensation unless the amount of the deduction is	9528
required by state or federal law;	9529

(f) The name, the residential address, the name of the	9530
employer, the address of the employer, the social security number,	9531
the residential telephone number, any bank account, debit card,	9532
charge card, or credit card number, or the emergency telephone	9533
number of the spouse, a former spouse, or any child of a peace	9534
officer, parole officer, prosecuting attorney, assistant	9535
prosecuting attorney, correctional employee, youth services	9536
employee, firefighter, or EMT;	9537

(g) A photograph of a peace officer who holds a position or	9538
has an assignment that may include undercover or plain clothes	9539
positions or assignments as determined by the peace officer's	9540
appointing authority.	9541

As used in divisions (A)(7) and (B)(9) of this section,	9542
"peace officer" has the same meaning as in section 109.71 of the	9543
Revised Code and also includes the superintendent and troopers of	9544
the state highway patrol; it does not include the sheriff of a	9545
county or a supervisory employee who, in the absence of the	9546
sheriff, is authorized to stand in for, exercise the authority of,	9547
and perform the duties of the sheriff.	9548

As used in divisions (A)(7) and (B)(5) of this section,	9549
"correctional employee" means any employee of the department of	9550
rehabilitation and correction who in the course of performing the	9551
employee's job duties has or has had contact with inmates and	9552
persons under supervision.	9553

As used in divisions (A)(7) and (B)(5) of this section,	9554
"youth services employee" means any employee of the department of	9555
youth services who in the course of performing the employee's job	9556
duties has or has had contact with children committed to the	9557
custody of the department of youth services.	9558

As used in divisions (A)(7) and (B)(9) of this section,	9559
"firefighter" means any regular, paid or volunteer, member of a	9560
lawfully constituted fire department of a municipal corporation,	9561
township, fire district, or village.	9562

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	9563
means EMTs-basic, EMTs-I, and paramedics that provide emergency	9564
medical services for a public emergency medical service	9565
organization. "Emergency medical service organization,"	9566
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	9567
section 4765.01 of the Revised Code.	9568

(8) "Information pertaining to the recreational activities of	9569
a person under the age of eighteen" means information that is kept	9570
in the ordinary course of business by a public office, that	9571
pertains to the recreational activities of a person under the age	9572
of eighteen years, and that discloses any of the following:	9573

(a) The address or telephone number of a person under the age	9574
of eighteen or the address or telephone number of that person's	9575
parent, guardian, custodian, or emergency contact person;	9576

(b) The social security number, birth date, or photographic	9577
image of a person under the age of eighteen;	9578

(c) Any medical record, history, or information pertaining to	9579
a person under the age of eighteen;	9580

(d) Any additional information sought or required about a	9581
person under the age of eighteen for the purpose of allowing that	9582
person to participate in any recreational activity conducted or	9583
sponsored by a public office or to use or obtain admission	9584
privileges to any recreational facility owned or operated by a	9585
public office.	9586

(9) "Community control sanction" has the same meaning as in	9587
section 2929.01 of the Revised Code.	9588

(10) "Post-release control sanction" has the same meaning as	9589
in section 2967.01 of the Revised Code.	9590

(11) "Redaction" means obscuring or deleting any information	9591
that is exempt from the duty to permit public inspection or	9592
copying from an item that otherwise meets the definition of a	9593
"record" in section 149.011 of the Revised Code.	9594

(12) "Designee" and "elected official" have the same meanings	9595
as in section 109.43 of the Revised Code.	9596

(B)(1) Upon request and subject to division (B)(8) of this	9597
section, all public records responsive to the request shall be	9598
promptly prepared and made available for inspection to any person	9599
at all reasonable times during regular business hours. Subject to	9600
division (B)(8) of this section, upon request, a public office or	9601
person responsible for public records shall make copies of the	9602
requested public record available at cost and within a reasonable	9603
period of time. If a public record contains information that is	9604
exempt from the duty to permit public inspection or to copy the	9605
public record, the public office or the person responsible for the	9606
public record shall make available all of the information within	9607
the public record that is not exempt. When making that public	9608
record available for public inspection or copying that public	9609
record, the public office or the person responsible for the public	9610
record shall notify the requester of any redaction or make the	9611
redaction plainly visible. A redaction shall be deemed a denial of	9612
a request to inspect or copy the redacted information, except if	9613
federal or state law authorizes or requires a public office to	9614
make the redaction.	9615

(2) To facilitate broader access to public records, a public	9616
office or the person responsible for public records shall organize	9617
and maintain public records in a manner that they can be made	9618
available for inspection or copying in accordance with division	9619
(B) of this section. A public office also shall have available a	9620
copy of its current records retention schedule at a location	9621
readily available to the public. If a requester makes an ambiguous	9622
or overly broad request or has difficulty in making a request for	9623
copies or inspection of public records under this section such	9624
that the public office or the person responsible for the requested	9625
public record cannot reasonably identify what public records are	9626
being requested, the public office or the person responsible for	9627
the requested public record may deny the request but shall provide	9628
the requester with an opportunity to revise the request by	9629
informing the requester of the manner in which records are	9630
maintained by the public office and accessed in the ordinary	9631
course of the public office's or person's duties.	9632

(3) If a request is ultimately denied, in part or in whole,	9633
the public office or the person responsible for the requested	9634
public record shall provide the requester with an explanation,	9635
including legal authority, setting forth why the request was	9636
denied. If the initial request was provided in writing, the	9637
explanation also shall be provided to the requester in writing.	9638
The explanation shall not preclude the public office or the person	9639
responsible for the requested public record from relying upon	9640
additional reasons or legal authority in defending an action	9641
commenced under division (C) of this section.	9642

(4) Unless specifically required or authorized by state or	9643
federal law or in accordance with division (B) of this section, no	9644
public office or person responsible for public records may limit	9645
or condition the availability of public records by requiring	9646
disclosure of the requester's identity or the intended use of the	9647
requested public record. Any requirement that the requester	9648
disclose the requestor's identity or the intended use of the	9649
requested public record constitutes a denial of the request.	9650

(5) A public office or person responsible for public records	9651
may ask a requester to make the request in writing, may ask for	9652
the requester's identity, and may inquire about the intended use	9653
of the information requested, but may do so only after disclosing	9654
to the requester that a written request is not mandatory and that	9655
the requester may decline to reveal the requester's identity or	9656
the intended use and when a written request or disclosure of the	9657
identity or intended use would benefit the requester by enhancing	9658
the ability of the public office or person responsible for public	9659
records to identify, locate, or deliver the public records sought	9660
by the requester.	9661

(6) If any person chooses to obtain a copy of a public record	9662
in accordance with division (B) of this section, the public office	9663
or person responsible for the public record may require that	9664
person to pay in advance the cost involved in providing the copy	9665
of the public record in accordance with the choice made by the	9666
person seeking the copy under this division. The public office or	9667
the person responsible for the public record shall permit that	9668
person to choose to have the public record duplicated upon paper,	9669
upon the same medium upon which the public office or person	9670
responsible for the public record keeps it, or upon any other	9671
medium upon which the public office or person responsible for the	9672
public record determines that it reasonably can be duplicated as	9673
an integral part of the normal operations of the public office or	9674
person responsible for the public record. When the person seeking	9675
the copy makes a choice under this division, the public office or	9676
person responsible for the public record shall provide a copy of	9677
it in accordance with the choice made by the person seeking the	9678
copy. Nothing in this section requires a public office or person	9679
responsible for the public record to allow the person seeking a	9680
copy of the public record to make the copies of the public record.	9681

(7) Upon a request made in accordance with division (B) of	9682
this section and subject to division (B)(6) of this section, a	9683
public office or person responsible for public records shall	9684
transmit a copy of a public record to any person by United States	9685
mail or by any other means of delivery or transmission within a	9686
reasonable period of time after receiving the request for the	9687
copy. The public office or person responsible for the public	9688
record may require the person making the request to pay in advance	9689
the cost of postage if the copy is transmitted by United States	9690
mail or the cost of delivery if the copy is transmitted other than	9691
by United States mail, and to pay in advance the costs incurred	9692
for other supplies used in the mailing, delivery, or transmission.	9693

Any public office may adopt a policy and procedures that it	9694
will follow in transmitting, within a reasonable period of time	9695
after receiving a request, copies of public records by United	9696
States mail or by any other means of delivery or transmission	9697
pursuant to this division. A public office that adopts a policy	9698
and procedures under this division shall comply with them in	9699
performing its duties under this division.	9700

In any policy and procedures adopted under this division, a	9701
public office may limit the number of records requested by a	9702
person that the office will transmit by United States mail to ten	9703
per month, unless the person certifies to the office in writing	9704
that the person does not intend to use or forward the requested	9705
records, or the information contained in them, for commercial	9706
purposes. For purposes of this division, "commercial" shall be	9707
narrowly construed and does not include reporting or gathering	9708
news, reporting or gathering information to assist citizen	9709
oversight or understanding of the operation or activities of	9710
government, or nonprofit educational research.	9711

(8) A public office or person responsible for public records	9712
is not required to permit a person who is incarcerated pursuant to	9713
a criminal conviction or a juvenile adjudication to inspect or to	9714
obtain a copy of any public record concerning a criminal	9715
investigation or prosecution or concerning what would be a	9716
criminal investigation or prosecution if the subject of the	9717
investigation or prosecution were an adult, unless the request to	9718
inspect or to obtain a copy of the record is for the purpose of	9719
acquiring information that is subject to release as a public	9720
record under this section and the judge who imposed the sentence	9721
or made the adjudication with respect to the person, or the	9722
judge's successor in office, finds that the information sought in	9723
the public record is necessary to support what appears to be a	9724
justiciable claim of the person.	9725

(9) Upon written request made and signed by a journalist on	9726
or after December 16, 1999, a public office, or person responsible	9727
for public records, having custody of the records of the agency	9728
employing a specified peace officer, parole officer, prosecuting	9729
attorney, assistant prosecuting attorney, correctional employee,	9730
youth services employee, firefighter, or EMT shall disclose to the	9731
journalist the address of the actual personal residence of the	9732
peace officer, parole officer, prosecuting attorney, assistant	9733
prosecuting attorney, correctional employee, youth services	9734
employee, firefighter, or EMT and, if the peace officer's, parole	9735
officer's, prosecuting attorney's, assistant prosecuting	9736
attorney's, correctional employee's, youth services employee's,	9737
firefighter's, or EMT's spouse, former spouse, or child is	9738
employed by a public office, the name and address of the employer	9739
of the peace officer's, parole officer's, prosecuting attorney's,	9740
assistant prosecuting attorney's, correctional employee's, youth	9741
services employee's, firefighter's, or EMT's spouse, former	9742
spouse, or child. The request shall include the journalist's name	9743
and title and the name and address of the journalist's employer	9744
and shall state that disclosure of the information sought would be	9745
in the public interest.	9746

As used in this division, "journalist" means a person engaged	9747
in, connected with, or employed by any news medium, including a	9748
newspaper, magazine, press association, news agency, or wire	9749
service, a radio or television station, or a similar medium, for	9750
the purpose of gathering, processing, transmitting, compiling,	9751
editing, or disseminating information for the general public.	9752

(C)(1) If a person allegedly is aggrieved by the failure of a	9753
public office or the person responsible for public records to	9754
promptly prepare a public record and to make it available to the	9755
person for inspection in accordance with division (B) of this	9756
section or by any other failure of a public office or the person	9757
responsible for public records to comply with an obligation in	9758
accordance with division (B) of this section, the person allegedly	9759
aggrieved may commence a mandamus action to obtain a judgment that	9760
orders the public office or the person responsible for the public	9761
record to comply with division (B) of this section, that awards	9762
court costs and reasonable attorney's fees to the person that	9763
instituted the mandamus action, and, if applicable, that includes	9764
an order fixing statutory damages under division (C)(1) of this	9765
section. The mandamus action may be commenced in the court of	9766
common pleas of the county in which division (B) of this section	9767
allegedly was not complied with, in the supreme court pursuant to	9768
its original jurisdiction under Section 2 of Article IV, Ohio	9769
Constitution, or in the court of appeals for the appellate	9770
district in which division (B) of this section allegedly was not	9771
complied with pursuant to its original jurisdiction under Section	9772
3 of Article IV, Ohio Constitution.	9773

If a requestor transmits a written request by hand delivery	9774
or certified mail to inspect or receive copies of any public	9775
record in a manner that fairly describes the public record or	9776
class of public records to the public office or person responsible	9777
for the requested public records, except as otherwise provided in	9778
this section, the requestor shall be entitled to recover the	9779
amount of statutory damages set forth in this division if a court	9780
determines that the public office or the person responsible for	9781
public records failed to comply with an obligation in accordance	9782
with division (B) of this section.	9783

The amount of statutory damages shall be fixed at one hundred	9784
dollars for each business day during which the public office or	9785
person responsible for the requested public records failed to	9786
comply with an obligation in accordance with division (B) of this	9787
section, beginning with the day on which the requester files a	9788
mandamus action to recover statutory damages, up to a maximum of	9789
one thousand dollars. The award of statutory damages shall not be	9790
construed as a penalty, but as compensation for injury arising	9791
from lost use of the requested information. The existence of this	9792
injury shall be conclusively presumed. The award of statutory	9793
damages shall be in addition to all other remedies authorized by	9794
this section.	9795

The court may reduce an award of statutory damages or not	9796
award statutory damages if the court determines both of the	9797
following:	9798

(a) That, based on the ordinary application of statutory law	9799
and case law as it existed at the time of the conduct or	9800
threatened conduct of the public office or person responsible for	9801
the requested public records that allegedly constitutes a failure	9802
to comply with an obligation in accordance with division (B) of	9803
this section and that was the basis of the mandamus action, a	9804
well-informed public office or person responsible for the	9805
requested public records reasonably would believe that the conduct	9806
or threatened conduct of the public office or person responsible	9807
for the requested public records did not constitute a failure to	9808
comply with an obligation in accordance with division (B) of this	9809
section;	9810

(b) That a well-informed public office or person responsible	9811
for the requested public records reasonably would believe that the	9812
conduct or threatened conduct of the public office or person	9813
responsible for the requested public records would serve the	9814
public policy that underlies the authority that is asserted as	9815
permitting that conduct or threatened conduct.	9816

(2)(a) If the court issues a writ of mandamus that orders the	9817
public office or the person responsible for the public record to	9818
comply with division (B) of this section and determines that the	9819
circumstances described in division (C)(1) of this section exist,	9820
the court shall determine and award to the relator all court	9821
costs.	9822

(b) If the court renders a judgment that orders the public	9823
office or the person responsible for the public record to comply	9824
with division (B) of this section, the court may award reasonable	9825
attorney's fees subject to reduction as described in division	9826
(C)(2)(c) of this section. The court shall award reasonable	9827
attorney's fees, subject to reduction as described in division	9828
(C)(2)(c) of this section when either of the following applies:	9829

(i) The public office or the person responsible for the	9830
public records failed to respond affirmatively or negatively to	9831
the public records request in accordance with the time allowed	9832
under division (B) of this section.	9833

(ii) The public office or the person responsible for the	9834
public records promised to permit the relator to inspect or	9835
receive copies of the public records requested within a specified	9836
period of time but failed to fulfill that promise within that	9837
specified period of time.	9838

(c) Court costs and reasonable attorney's fees awarded under	9839
this section shall be construed as remedial and not punitive.	9840
Reasonable attorney's fees shall include reasonable fees incurred	9841
to produce proof of the reasonableness and amount of the fees and	9842
to otherwise litigate entitlement to the fees. The court may	9843
reduce an award of attorney's fees to the relator or not award	9844
attorney's fees to the relator if the court determines both of the	9845
following:	9846

(i) That, based on the ordinary application of statutory law	9847
and case law as it existed at the time of the conduct or	9848
threatened conduct of the public office or person responsible for	9849
the requested public records that allegedly constitutes a failure	9850
to comply with an obligation in accordance with division (B) of	9851
this section and that was the basis of the mandamus action, a	9852
well-informed public office or person responsible for the	9853
requested public records reasonably would believe that the conduct	9854
or threatened conduct of the public office or person responsible	9855
for the requested public records did not constitute a failure to	9856
comply with an obligation in accordance with division (B) of this	9857
section;	9858

(ii) That a well-informed public office or person responsible	9859
for the requested public records reasonably would believe that the	9860
conduct or threatened conduct of the public office or person	9861
responsible for the requested public records as described in	9862
division (C)(2)(c)(i) of this section would serve the public	9863
policy that underlies the authority that is asserted as permitting	9864
that conduct or threatened conduct.	9865

(D) Chapter 1347. of the Revised Code does not limit the	9866
provisions of this section.	9867

(E)(1) To ensure that all employees of public offices are	9868
appropriately educated about a public office's obligations under	9869
division (B) of this section, all elected officials or their	9870
appropriate designees shall attend training approved by the	9871
attorney general as provided in section 109.43 of the Revised	9872
Code. In addition, all public offices shall adopt a public records	9873
policy in compliance with this section for responding to public	9874
records requests. In adopting a public records policy under this	9875
division, a public office may obtain guidance from the model	9876
public records policy developed and provided to the public office	9877
by the attorney general under section 109.43 of the Revised Code.	9878
Except as otherwise provided in this section, the policy may not	9879
limit the number of public records that the public office will	9880
make available to a single person, may not limit the number of	9881
public records that it will make available during a fixed period	9882
of time, and may not establish a fixed period of time before it	9883
will respond to a request for inspection or copying of public	9884
records, unless that period is less than eight hours.	9885

(2) The public office shall distribute the public records	9886
policy adopted by the public office under division (E)(1) of this	9887
section to the employee of the public office who is the records	9888
custodian or records manager or otherwise has custody of the	9889
records of that office. The public office shall require that	9890
employee to acknowledge receipt of the copy of the public records	9891
policy. The public office shall create a poster that describes its	9892
public records policy and shall post the poster in a conspicuous	9893
place in the public office and in all locations where the public	9894
office has branch offices. The public office may post its public	9895
records policy on the internet web site of the public office if	9896
the public office maintains an internet web site. A public office	9897
that has established a manual or handbook of its general policies	9898
and procedures for all employees of the public office shall	9899
include the public records policy of the public office in the	9900
manual or handbook.	9901

(F)(1) The bureau of motor vehicles may adopt rules pursuant	9902
to Chapter 119. of the Revised Code to reasonably limit the number	9903
of bulk commercial special extraction requests made by a person	9904
for the same records or for updated records during a calendar	9905
year. The rules may include provisions for charges to be made for	9906
bulk commercial special extraction requests for the actual cost of	9907
the bureau, plus special extraction costs, plus ten per cent. The	9908
bureau may charge for expenses for redacting information, the	9909
release of which is prohibited by law.	9910

(2) As used in division (F)(1) of this section:

9911

(a) "Actual cost" means the cost of depleted supplies,	9912
records storage media costs, actual mailing and alternative	9913
delivery costs, or other transmitting costs, and any direct	9914
equipment operating and maintenance costs, including actual costs	9915
paid to private contractors for copying services.	9916

(b) "Bulk commercial special extraction request" means a	9917
request for copies of a record for information in a format other	9918
than the format already available, or information that cannot be	9919
extracted without examination of all items in a records series,	9920
class of records, or data base by a person who intends to use or	9921
forward the copies for surveys, marketing, solicitation, or resale	9922
for commercial purposes. "Bulk commercial special extraction	9923
request" does not include a request by a person who gives	9924
assurance to the bureau that the person making the request does	9925
not intend to use or forward the requested copies for surveys,	9926
marketing, solicitation, or resale for commercial purposes.	9927

(c) "Commercial" means profit-seeking production, buying, or	9928
selling of any good, service, or other product.	9929

(d) "Special extraction costs" means the cost of the time	9930
spent by the lowest paid employee competent to perform the task,	9931
the actual amount paid to outside private contractors employed by	9932
the bureau, or the actual cost incurred to create computer	9933
programs to make the special extraction. "Special extraction	9934
costs" include any charges paid to a public agency for computer or	9935
records services.	9936

(3) For purposes of divisions (F)(1) and (2) of this section,	9937
"surveys, marketing, solicitation, or resale for commercial	9938
purposes" shall be narrowly construed and does not include	9939
reporting or gathering news, reporting or gathering information to	9940
assist citizen oversight or understanding of the operation or	9941
activities of government, or nonprofit educational research.	9942

Sec. 150.01. (A) As used in this chapter:

9943

(1) "Authority" means the Ohio venture capital authority	9944
created under section 150.02 of the Revised Code.	9945

(2) "Issuer" means a port authority organized and existing	9946
under applicable provisions of Chapter 4582. of the Revised Code	9947
that, pursuant to an agreement entered into under division (E) of	9948
section 150.02 of the Revised Code, issues or issued obligations	9949
to fund one or more loans to the program fund.	9950

(3) "Lender" means any person that lends money to the program	9951
fund as provided in this chapter and includes any lender and any	9952
trustee.	9953

~~(3)~~(4) "Loss" means a loss incurred with respect to a	9954
lender's loan to the program fund. Such a loss is incurred only if	9955
and to the extent a program administrator fails to satisfy its	9956
obligations to the lender to make timely payments of principal or	9957
interest as provided in the loan agreement between the lender and	9958
the program administrator. "Loss" does not include either of the	9959
following:	9960

(a) Any loss incurred by the program fund, including a loss	9961
attributable to any investment made by a program administrator;	9962

(b) Any loss of the capital required to be provided by a	9963
program administrator, or income accruing to that capital, under	9964
the agreement entered into under division (B) of section 150.05 of	9965
the Revised Code.	9966

~~(4)~~(5) "Ohio-based business enterprise" means a person that	9967
is engaged in business, that employs at least one individual on a	9968
full-time or part-time basis at a place of business in this state,	9969
including a person engaged in business if that person is a	9970
self-employed individual, and that is in the seed or early stage	9971
of business development requiring initial or early stage funding	9972
or is an established business enterprise developing new methods or	9973
technologies.	9974

~~(5)~~(6) "Ohio-based venture capital fund" means a venture	9975
capital fund having its principal office in this state, where the	9976
majority of the fund's staff are employed and where at least one	9977
investment professional is employed who has at least five years of	9978
experience in venture capital investment.	9979

~~(6)~~(7) "Ohio co-investment fund" means an Ohio-based venture	9980
capital fund managed by the program administrator or a fund	9981
manager appointed by the program administrator that is capitalized	9982
exclusively by program fund investments in accordance with the	9983
investment policy adopted under section 150.03 of the Revised	9984
Code.	9985

(8) "Program fund" means the fund created under section	9986
150.03 of the Revised Code.	9987

(9) "Research and development purposes" has the same meaning	9988
as used in Section 2p of Article VIII, Ohio Constitution, and	9989
includes the development of sites and facilities in this state for	9990
and in support of those research and development purposes.	9991

(10) "Trustee" means a trust company or a bank with corporate	9992
trust powers, in either case having a place of business in this	9993
state and acting in its capacity as a trustee pursuant to a trust	9994
agreement under which an issuer issues obligations to fund loans	9995
to the program fund.	9996

(B) The general assembly declares that its purpose in	9997
enacting Chapter 150. of the Revised Code is to increase the	9998
amount of private investment capital available in this state for	9999
Ohio-based business enterprises in the seed or early stages of	10000
business development and requiring initial or early stage funding,	10001
as well as established Ohio-based business enterprises developing	10002
new methods or technologies, including the promotion of research	10003
and development purposes, thereby increasing employment, creating	10004
additional wealth, and otherwise benefiting the economic welfare	10005
of the people of this state. Accordingly, it is the intention of	10006
the general assembly that the program fund make its investments in	10007
support of Ohio-based business enterprises and that the Ohio	10008
venture capital authority focus its investment policy principally	10009
on venture capital funds investing in such Ohio-based business	10010
enterprises. The general assembly finds and determines that this	10011
chapter and the investment policy, and actions taken under and	10012
consistent therewith, will promote and implement the public	10013
purposes of Section 2p of Article VIII, Ohio Constitution.	10014

Sec. 150.02. (A) There is hereby created the Ohio venture	10015
capital authority, which shall exercise the powers and perform the	10016
duties prescribed by this chapter. The exercise by the authority	10017
of its powers and duties is hereby declared to be an essential	10018
state governmental function. The authority is subject to all laws	10019
generally applicable to state agencies and public officials,	10020
including, but not limited to, Chapter 119. and sections 121.22	10021
and 149.43 of the Revised Code, to the extent those laws do not	10022
conflict with this chapter.	10023

(B) The authority shall consist of nine members. Seven of the	10024
members shall be appointed by the governor, with the advice and	10025
consent of the senate, from among the general public. All	10026
appointed members shall have experience in the field of banking,	10027
investments, commercial law, or industry relevant to the purpose	10028
of the Ohio venture capital program as stated in section 150.01 of	10029
the Revised Code. The director of development and tax commissioner	10030
or their designees shall be ex officio, nonvoting members.	10031

Initial gubernatorial appointees to the authority shall serve	10032
staggered terms, with one term expiring on January 31, 2004, two	10033
terms expiring on January 31, 2005, two terms expiring on January	10034
31, 2006, and two terms expiring on January 31, 2007. Thereafter,	10035
terms of office for all appointees shall be for four years, with	10036
each term ending on the same day of the same month as did the term	10037
that it succeeds. A vacancy on the authority shall be filled in	10038
the same manner as the original appointment, except that a person	10039
appointed to fill a vacancy shall be appointed to the remainder of	10040
the unexpired term. Any appointed member of the authority is	10041
eligible for reappointment.	10042

A member of the authority may be removed by the member's	10043
appointing authority for misfeasance, malfeasance, willful neglect	10044
of duty, or other cause, after notice and a public hearing, unless	10045
the notice and hearing are waived in writing by the member.	10046

(C) Members of the authority shall serve without	10047
compensation, but shall receive their reasonable and necessary	10048
expenses incurred in the conduct of authority business. The	10049
governor shall designate a member of the authority to serve as	10050
chairperson. A majority of the voting members of the authority	10051
constitutes a quorum, and the affirmative vote of a majority of	10052
the voting members present is necessary for any action taken by	10053
the authority. A vacancy in the voting membership of the authority	10054
does not impair the right of a quorum to exercise all rights and	10055
perform all duties of the authority.	10056

(D) The department of development shall provide the authority	10057
with office space and such technical assistance as the authority	10058
requires.	10059

(E) The authority and an issuer may cooperate in promoting	10060
the public purposes of the Ohio venture capital program as stated	10061
in section 150.01 of the Revised Code and shall enter into such	10062
agreements as the authority and the issuer shall deem appropriate,	10063
with a view to cooperative action and safeguarding of the	10064
respective interests of the parties thereto. Any agreement shall	10065
provide for the rights, duties, and responsibilities of the	10066
parties and any limitations thereon, shall provide for the terms	10067
on which any tax credits to be issued to the issuer or a trustee	10068
pursuant to section 150.07 of the Revised Code shall be issued and	10069
claimed, and shall provide terms as may be mutually satisfactory	10070
to the parties including, but not limited to, requirements for	10071
reporting, and a plan, prepared by the program administrator and	10072
acceptable to the authority and the issuer, designed to evidence	10073
and ensure compliance with division (D) of section 150.03 of the	10074
Revised Code and Section 2p of Article VIII, Ohio Constitution.	10075

Sec. 150.03. Within ninety days after ~~the effective date of~~	10076
~~this section~~April 9, 2003, the authority shall establish, and	10077
subsequently may modify as it considers necessary, a written	10078
investment policy governing the investment of money from the	10079
program fund, which is hereby created. The program fund shall	10080
consist of the proceeds of loans acquired by a program	10081
administrator. The authority is subject to Chapter 119. of the	10082
Revised Code with respect to the establishment or modification of	10083
the policy. The policy shall meet all the following requirements:	10084

(A) It is consistent with the purpose of the program stated	10085
in section 150.01 of the Revised Code.	10086

(B) Subject to divisions (C), (D), and (E) of this section,	10087
it permits the investment of money from the program fund in	10088
private, for-profit venture capital funds, including funds of	10089
funds, that invest in enterprises in the seed or early stage of	10090
business development or established business enterprises	10091
developing new methods or technologies, and that demonstrate	10092
potential to generate high levels of successful investment	10093
performance.	10094

(C) It specifies that, exclusive of any program fund money	10095
invested in an Ohio co-investment fund, a program administrator or	10096
fund manager employed by the program administrator shall invest	10097
not less than seventy-five per cent of program fund money under	10098
its investment authority in Ohio-based venture capital funds.	10099

(D) It specifies ~~that~~all of the following:

10100

(1) That not less than an amount equal to fifty per cent of	10101
program fund money invested in any venture capital fund beis	10102
invested by the venture capital fund in Ohio-based business	10103
enterprises;	10104

(2) That one hundred per cent of program fund money invested	10105
in any Ohio co-investment fund is invested by the Ohio	10106
co-investment fund in Ohio-based business enterprises; and	10107

(3) That, commencing with the first program fund investment	10108
in each venture capital fund, the aggregate amount invested in	10109
Ohio-based business enterprises by all venture capital funds in	10110
which the program fund has invested is not less than the aggregate	10111
amount of all program fund money invested in those venture capital	10112
funds.	10113

(E) It specifies that a program administrator or fund manager	10114
employed by the program administrator shall not invest money from	10115
the program fund in a venture capital fund to the extent that the	10116
total amount of program fund money invested in the venture capital	10117
fund~~, when combined with any program fund money invested in a~~	10118
~~venture capital fund under the same management as that venture~~	10119
~~capital fund,~~ exceeds the ~~lesser of the~~ following:	10120

(1) In the case of an Ohio co-investment fund, the lesser of	10121
the following:	10122

(a) One hundred million dollars;

10123

(b) Fifty per cent of the total amount of capital committed	10124
to all venture capital funds by the program fund.	10125

(2) In the case of any venture capital fund that is not an	10126
Ohio co-investment fund, the lesser of the following:	10127

(a) Ten million dollars;

10128

~~(2)(a)~~(b)(i) In the case of an Ohio-based venture capital	10129
fund, fifty per cent of the total amount of capital committed to	10130
the fund from all sources, after accounting for capital committed	10131
from the program fund;	10132

~~(b)~~(ii) In the case of any other venture capital fund, twenty	10133
per cent of the total amount of capital committed to the fund	10134
from all sources, after accounting for capital committed from the	10135
program fund.	10136

(F) It specifies that a program administrator or fund manager	10137
employed by the program administrator shall not commit capital	10138
from the program fund to a venture capital fund other than an Ohio	10139
co-investment fund until the venture capital fund receives	10140
commitment of at least the same amount from other investors in	10141
the fund, and shall not permit capital from an Ohio co-investment	10142
fund to be committed to any investment until the Ohio-based	10143
business enterprise in which the investment is to be made receives	10144
a commitment of at least the same amount from other investors that	10145
are independent of and under management independent of the program	10146
administrator and any fund manager employed by the program	10147
administrator.	10148

(G) It specifies the general conditions a private, for-profit	10149
investment fund must meet to be selected as a program	10150
administrator under section 150.05 of the Revised Code, including,	10151
as a significant selection standard, direct experience managing	10152
external or nonproprietary capital in private equity fund of funds	10153
formats.	10154

(H) It specifies the criteria the authority must consider	10155
when making a determination under division (B)(1) of section	10156
150.04 of the Revised Code.	10157

(I) It includes investment standards and general limitations	10158
on allowable investments that the authority considers reasonable	10159
and necessary to achieve the purposes of this chapter as stated in	10160
division (B) of section 150.01 of the Revised Code, minimize the	10161
need for the authority to grant tax credits under section 150.07	10162
of the Revised Code, ensure compliance of the program	10163
administrators with all applicable laws of this state and the	10164
United States, and ensure the safety and soundness of investments	10165
of money from the program fund.	10166

(J) It prohibits the investment of money from the program	10167
fund directly in persons other than venture capital funds, except	10168
for temporary investment in investment grade debt securities or	10169
temporary deposit in interest-bearing accounts or funds pending	10170
permanent investment in venture capital funds.	10171

Sec. 150.04. (A) The investment policy established or	10172
modified under section 150.03 of the Revised Code shall specify	10173
the terms and conditions under which the authority may grant tax	10174
credits under section 150.07 of the Revised Code, subject to that	10175
section and division (B) of this section, to provide security	10176
against lenders' losses.	10177

(B) Nothing in this chapter authorizes the providing of	10178
security against losses on any bases other than the following:	10179

(1) The application first of moneys of the Ohio venture	10180
capital fund, created under section 150.08 of the Revised Code,	10181
that the authority, under the criteria in its investment policy,	10182
determines may be expended without adversely affecting the ability	10183
of the authority to continue fulfilling the purpose of this	10184
chapter as stated in section 150.01 of the Revised Code; and then	10185

(2) The granting of tax credits pursuant to section 150.07 of	10186
the Revised Code, but only to the extent moneys under division	10187
(B)(1) of this section are insufficient, including to fund	10188
reserves maintained by or on behalf of an issuer to the extent	10189
consistent with an agreement between the authority and the issuer	10190
entered into under division (E) of section 150.02 of the Revised	10191
Code.	10192

Sec. 150.05. (A) The authority shall select, as program	10193
administrators, not more than two private, for-profit investment	10194
funds to acquire loans for the program fund and to invest money in	10195
the program fund as prescribed in the investment policy	10196
established or modified by the authority in accordance with	10197
sections 150.03 and 150.04 of the Revised Code. The authority	10198
shall give equal consideration, in selecting these program	10199
administrators, to minority owned and controlled investment funds,	10200
to funds owned and controlled by women, to ventures involving	10201
minority owned and controlled funds, and to ventures involving	10202
funds owned and controlled by women that otherwise meet the	10203
policies and criteria established by the authority. To be eligible	10204
for selection, an investment fund must be incorporated or	10205
organized under Chapter 1701., 1705., 1775., 1776., 1782., or	10206
1783. of the Revised Code, must have an established business	10207
presence in this state, and must be capitalized in accordance	10208
with any state and federal laws applicable to the issuance or	10209
sale of securities.	10210

The authority shall select program administrators only after	10211
soliciting and evaluating requests for proposals as prescribed in	10212
this section. The authority shall publish a notice of a request	10213
for proposals in newspapers of general circulation in this state	10214
once each week for two consecutive weeks before a date specified	10215
by the authority as the date on which it will begin accepting	10216
proposals. The notices shall contain a general description of the	10217
subject of the proposed agreement and the location where the	10218
request for proposals may be obtained. The request for proposals	10219
shall include all the following:	10220

(1) Instructions and information to respondents concerning	10221
the submission of proposals, including the name and address of the	10222
office where proposals are to be submitted;	10223

(2) Instructions regarding the manner in which respondents	10224
may communicate with the authority, including the names, titles,	10225
and telephone numbers of the individuals to whom such	10226
communications shall be directed;	10227

(3) Description of the performance criteria that will be used	10228
to evaluate whether a respondent selected by the authority is	10229
satisfying the authority's investment policy;	10230

(4) Description of the factors and criteria to be considered	10231
in evaluating respondents' proposals, the relative importance of	10232
each factor or criterion, and description of the authority's	10233
evaluation procedure;	10234

(5) Description of any documents that may be incorporated by	10235
reference into the request for proposals, provided that the	10236
request specifies where such documents may be obtained and such	10237
documents are readily available to all interested parties.	10238

After the date specified for receiving proposals, the	10239
authority shall evaluate submitted proposals. The authority may	10240
discuss a respondent's proposal with that respondent to clarify or	10241
revise a proposal or the terms of the agreement.	10242

The authority shall choose for review proposals from at least	10243
three respondents the authority considers qualified to operate the	10244
program in the best interests of the investment policy adopted by	10245
the authority. If three or fewer proposals are submitted, the	10246
authority shall review each proposal. The authority may cancel a	10247
request for proposals at any time before entering into an	10248
agreement with a respondent. The authority shall provide	10249
respondents fair and equal opportunity for such discussions. The	10250
authority may terminate discussions with any respondent upon	10251
written notice to the respondent.	10252

(B) After reviewing the chosen proposals, the authority may	10253
select not more than two such respondents and enter into a written	10254
agreement with each of the selected respondents, provided that at	10255
no time shall there be agreements with more than two persons.	10256

The agreement shall do all of the following:

10257

(1) Specify that borrowing and investing by the program	10258
administrator will be budgeted to guarantee that no tax credits	10259
will be granted during the first four years of the Ohio venture	10260
capital program, and will be structured to ensure that payments of	10261
principal, interest, or interest equivalent due in any fiscal	10262
year, when added to such payments due from any other program	10263
administrator, does not exceed twenty million dollars;	10264

(2) Require investment by the program administrator or the	10265
fund manager employed by the program administrator to be in	10266
compliance with the investment policy established or modified in	10267
accordance with sections 150.03 and 150.04 of the Revised Code	10268
that is in effect at the time the investment is made, and prohibit	10269
the program administrator or fund manager from engaging in any	10270
investment activities other than activities to carry out that	10271
policy;	10272

(3) Require periodic financial reporting by the program	10273
administrator to the authority, which reporting shall include an	10274
annual audit by an independent auditor and such other financial	10275
reporting as is specified in the agreement or otherwise required	10276
by the authority for the purpose of ensuring that the program	10277
administrator is carrying out the investment policy;	10278

(4) Specify any like standards or general limitations in	10279
addition to or in furtherance of investment standards or	10280
limitations that apply pursuant to division (H) of section 150.03	10281
of the Revised Code;	10282

(5) Require the program administrator to apply program fund	10283
revenue first to the payment of principal borrowed by the program	10284
administrator for investment under the program, then to interest	10285
related to that principal, and then to amounts necessary to cover	10286
the program administrator's pro rata share required under division	10287
(B)(9) of this section; and require the program administrator to	10288
pay the authority not less than ninety per cent of the amount by	10289
which program fund revenue attributable to investments under the	10290
program administrator's investment authority exceeds amounts so	10291
applied;	10292

(6) Specify the procedures by which the program administrator	10293
shall certify immediately to the authority the necessity for the	10294
authority to issue tax credit certificates pursuant to contracts	10295
entered into under section 150.07 of the Revised Code;	10296

(7) Specify any general limitations regarding the employment	10297
of a fund manager by the program administrator, in addition to an	10298
express limitation that the fund manager be a person with	10299
demonstrated, substantial, successful experience in the design and	10300
management of seed and venture capital investment programs and in	10301
capital formation. The fund manager may be, but need not be, an	10302
equity owner or affiliate of the program administrator.	10303

(8) Specify the terms and conditions under which the	10304
authority or the program administrator may terminate the	10305
agreement, including in the circumstance that the program	10306
administrator or fund manager violates the investment policy;	10307

(9) Require the program administrator or fund manager	10308
employed by the program administrator to provide capital in the	10309
form of a loan equal to one per cent of the amount of outstanding	10310
loans by lenders to the program fund. The loan from the program	10311
administrator or fund manager shall be on the same terms and	10312
conditions as loans from other lenders, except that the loan from	10313
the program administrator or fund manager shall not be secured by	10314
the Ohio venture capital fund or tax credits available to other	10315
lenders under division (B) of section 150.04 of the Revised Code.	10316
Such capital shall be placed at the same risk as the proceeds from	10317
such loans. The program administrator shall receive a pro rata	10318
share of the net income, including net loss, from the investment	10319
of money from the program fund, but is not entitled to the	10320
security against losses provided under section 150.04 of the	10321
Revised Code.	10322

Sec. 150.051. (A) As used in this section:

10323

(1) "Minority business enterprise" has the meaning defined in	10324
section 122.71 of the Revised Code.	10325

(2) "Women's business enterprise" means a business, or a	10326
partnership, corporation, limited liability company, or joint	10327
venture of any kind, that is owned and controlled by women who are	10328
United States citizens and residents of this state.	10329

(B) The Ohio venture capital authority shall submit annually	10330
to the governor and to the general assembly (under section 101.68	10331
of the Revised Code) a report containing the following	10332
information:	10333

(1) The name of each program administrator that is a minority	10334
business enterprise or a women's business enterprise with which	10335
the authority contracts;	10336

(2) The amount of assets managed by program administrators	10337
that are minority business enterprises or women's business	10338
enterprises, expressed as a percentage of assets managed by	10339
program administrators with which the authority has contracted.	10340

(3) Efforts by the authority to increase utilization of	10341
program administrators that are minority business enterprises or	10342
women's business enterprises.	10343

Sec. 150.07. (A) For the purpose stated in section 150.01 of	10344
the Revised Code, the authority may authorize a lender to claim	10345
one of the refundable tax credits allowed under section 5707.031,	10346
5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised	10347
Code. The credits shall be authorized by a written contract with	10348
the lender. The contract shall specify the terms under which the	10349
lender may claim the credit, including the amount of loss, if any,	10350
the lender must incur before the lender may claim the credit;	10351
specify that the credit shall not exceed the amount of the loss;	10352
and specify that the lender may claim the credit only for a loss	10353
certified by a program administrator to the authority under the	10354
procedures prescribed under division (B)(6) of section 150.05 of	10355
the Revised Code.	10356

(B) Tax credits may be authorized at any time after the	10357
authority establishes the investment policy under section 150.03	10358
of the Revised Code, but a tax credit so authorized may not be	10359
claimed until the beginning of the fifth year after the authority	10360
establishes the investment policy. A tax credit may not be claimed	10361
after June 30, ~~2026~~2036.	10362

(C)(1) Upon receiving certification of a lender's loss from a	10363
program administrator pursuant to the procedures in the investment	10364
policy, the authority shall issue a tax credit certificate to the	10365
lender, except as otherwise provided in division (D) of this	10366
section.	10367

(2) If the lender is a pass-through entity, as defined in	10368
section 5733.04 of the Revised Code, then each equity investor in	10369
the lender pass-through entity shall be entitled to claim one of	10370
the tax credits allowed under division (A) of this section for	10371
that equity investor's taxable year in which or with which ends	10372
the taxable year of the lender pass-through entity in an amount	10373
based on the equity investor's distributive or proportionate share	10374
of the credit amount set forth in the certificate issued by the	10375
authority. If all equity investors of the lender pass-through	10376
entity are not eligible to claim a credit against the same tax set	10377
forth in division (A) of this section, then each equity investor	10378
may elect to claim a credit against the tax to which the equity	10379
investor is subject to in an amount based on the equity investor's	10380
distributive or proportionate share of the credit amount set forth	10381
in the certificate issued by the authority.	10382

(3) The certificate shall state the amount of the credit and	10383
the calendar year under section 5707.031, 5725.19, 5727.241, or	10384
5729.08, the tax year under section 5733.49, or the taxable year	10385
under section 5747.80 of the Revised Code for which the credit may	10386
be claimed. The authority, in conjunction with the tax	10387
commissioner, shall develop a system for issuing tax credit	10388
certificates for the purpose of verifying that any credit claimed	10389
is a credit issued under this section and is properly taken in the	10390
year specified in the certificate and in compliance with division	10391
(B) of this section.	10392

(D) The authority shall not, in any fiscal year, issue tax	10393
credit certificates in a total amount exceeding twenty million	10394
dollars.	10395

(E) Notwithstanding anything in this section or in any other	10396
section of this chapter or in Chapter 5707., 5725., 5727., 5729.,	10397
5733., or 5747. of the Revised Code, an issuer or a trustee on	10398
behalf of an issuer shall have, subject to the terms of the	10399
agreement entered into by the issuer and the authority under	10400
division (E) of section 150.02 of the Revised Code, the right to	10401
receive and claim the credits authorized under this section and	10402
solely for those purposes shall be deemed a taxpayer under	10403
applicable provisions of each such chapter, entitled to file a tax	10404
return, an amended tax return, or an estimated tax return at such	10405
times as are permitted or required under the applicable chapter,	10406
but solely for the purpose of claiming credits issued to the	10407
issuer or the trustee. Nothing in this section shall require an	10408
issuer or a trustee to file a tax return under any chapter for any	10409
purpose other than claiming such credits if the issuer or trustee	10410
is not otherwise required to make such a filing.	10411

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	10412
152.33 of the Revised Code:	10413

(1) "Obligations" means bonds, notes, or other evidences of	10414
obligation, including interest coupons pertaining thereto, issued	10415
pursuant to sections 152.09 to 152.33 of the Revised Code.	10416

(2) "State agencies" means the state of Ohio and branches,	10417
officers, boards, commissions, authorities, departments,	10418
divisions, courts, general assembly, or other units or agencies of	10419
the state. "State agency" also includes counties, municipal	10420
corporations, and governmental entities of this state that enter	10421
into leases with the Ohio building authority pursuant to section	10422
152.31 of the Revised Code or that are designated by law as state	10423
agencies for the purpose of performing a state function that is to	10424
be housed by a capital facility for which the Ohio building	10425
authority is authorized to issue revenue obligations pursuant to	10426
sections 152.09 to 152.33 of the Revised Code.	10427

(3) "Bond service charges" means principal, including	10428
mandatory sinking fund requirements for retirement of obligations,	10429
and interest, and redemption premium, if any, required to be paid	10430
by the Ohio building authority on obligations.	10431

(4) "Capital facilities" means buildings, structures, and	10432
other improvements, and equipment, real estate, and interests in	10433
real estate therefor, within the state, and any one, part of, or	10434
combination of the foregoing, for housing of branches and agencies	10435
of state government, including capital facilities for the purpose	10436
of housing personnel, equipment, or functions, or any combination	10437
thereof that the state agencies are responsible for housing, for	10438
which the Ohio building authority is authorized to issue	10439
obligations pursuant to Chapter 152. of the Revised Code, and	10440
includes storage and parking facilities related to such capital	10441
facilities. For purposes of sections 152.10 to 152.15 of the	10442
Revised Code, "capital facilities" includes community or technical	10443
college capital facilities.	10444

(5) "Cost of capital facilities" means the costs of	10445
assessing, planning, acquiring, constructing, reconstructing,	10446
rehabilitating, remodeling, renovating, enlarging, improving,	10447
altering, maintaining, equipping, furnishing, repairing, painting,	10448
decorating, managing, or operating capital facilities, and the	10449
financing thereof, including the cost of clearance and preparation	10450
of the site and of any land to be used in connection with capital	10451
facilities, the cost of participating in capital facilities	10452
pursuant to section 152.33 of the Revised Code, the cost of any	10453
indemnity and surety bonds and premiums on insurance, all related	10454
direct administrative expenses and allocable portions of direct	10455
costs of the authority and lessee state agencies, cost of	10456
engineering and architectural services, designs, plans,	10457
specifications, surveys, and estimates of cost, legal fees, fees	10458
and expenses of trustees, depositories, and paying agents for the	10459
obligations, cost of issuance of the obligations and financing	10460
charges and fees and expenses of financial advisers and	10461
consultants in connection therewith, interest on obligations from	10462
the date thereof to the time when interest is to be covered from	10463
sources other than proceeds of obligations, amounts that represent	10464
the portion of investment earnings to be rebated or to be paid to	10465
the federal government in order to maintain the exclusion from	10466
gross income for federal income tax purposes of interest on those	10467
obligations pursuant to section 148(f) of the Internal Revenue	10468
Code, amounts necessary to establish reserves as required by the	10469
resolutions or the obligations, trust agreements, or indentures,	10470
costs of audits, the reimbursement of all moneys advanced or	10471
applied by or borrowed from any governmental entity, whether to or	10472
by the authority or others, from whatever source provided, for the	10473
payment of any item or items of cost of the capital facilities,	10474
any share of the cost undertaken by the authority pursuant to	10475
arrangements made with governmental entities under division (J) of	10476
section 152.21 of the Revised Code, and all other expenses	10477
necessary or incident to assessing, planning, or determining the	10478
feasibility or practicability with respect to capital facilities,	10479
and such other expenses as may be necessary or incident to the	10480
assessment, planning, acquisition, construction, reconstruction,	10481
rehabilitation, remodeling, renovation, enlargement, improvement,	10482
alteration, maintenance, equipment, furnishing, repair, painting,	10483
decoration, management, or operation of capital facilities, the	10484
financing thereof and the placing of the same in use and	10485
operation, including any one, part of, or combination of such	10486
classes of costs and expenses.	10487

(6) "Governmental entity" means any state agency, municipal	10488
corporation, county, township, school district, and any other	10489
political subdivision or special district in this state	10490
established pursuant to law, and, except where otherwise	10491
indicated, also means the United States or any of the states or	10492
any department, division, or agency thereof, and any agency,	10493
commission, or authority established pursuant to an interstate	10494
compact or agreement.	10495

(7) "Governing body" means:

10496

(a) In the case of a county, the board of county	10497
commissioners or other legislative authority; in the case of a	10498
municipal corporation, the legislative authority; in the case of a	10499
township, the board of township trustees; in the case of a school	10500
district, the board of education;	10501

(b) In the case of any other governmental entity, the	10502
officer, board, commission, authority, or other body having the	10503
general management of the entity or having jurisdiction or	10504
authority in the particular circumstances.	10505

(8) "Available receipts" means fees, charges, revenues,	10506
grants, subsidies, income from the investment of moneys, proceeds	10507
from the sale of goods or services, and all other revenues or	10508
receipts received by or on behalf of any state agency for which	10509
capital facilities are financed with obligations issued under	10510
Chapter 152. of the Revised Code, any state agency participating	10511
in capital facilities pursuant to section 152.33 of the Revised	10512
Code, or any state agency by which the capital facilities are	10513
constructed or financed; revenues or receipts derived by the	10514
authority from the operation, leasing, or other disposition of	10515
capital facilities, and the proceeds of obligations issued under	10516
Chapter 152. of the Revised Code; and also any moneys appropriated	10517
by a governmental entity, gifts, grants, donations, and pledges,	10518
and receipts therefrom, available for the payment of bond service	10519
charges on such obligations.	10520

(9) "Available community or technical college receipts" means	10521
all money received by a community or technical college or	10522
community or technical college district, including income,	10523
revenues, and receipts from the operation, ownership, or control	10524
of facilities, grants, gifts, donations, and pledges and receipts	10525
therefrom, receipts from fees and charges, the allocated state	10526
share of instruction as defined in section 3333.90 of the Revised	10527
Code, and the proceeds of the sale of obligations, including	10528
proceeds of obligations issued to refund obligations previously	10529
issued, but excluding any special fee, and receipts therefrom,	10530
charged pursuant to division (D) of section 154.21 of the Revised	10531
Code.	10532

(10) "Community or technical college," "college," "community	10533
or technical college district," and "district" have the same	10534
meanings as in section 3333.90 of the Revised Code.	10535

(11) "Community or technical college capital facilities"	10536
means auxiliary facilities, education facilities, and housing and	10537
dining facilities, as those terms are defined in section 3345.12	10538
of the Revised Code, to the extent permitted to be financed by the	10539
issuance of obligations under division (A)(2) of section 3357.112	10540
of the Revised Code, that are authorized by sections 3354.121,	10541
3357.112, and 3358.10 of the Revised Code to be financed by	10542
obligations issued by a community or technical college district,	10543
and for which the Ohio building authority is authorized to issue	10544
obligations pursuant to Chapter 152. of the Revised Code, and	10545
includes any one, part of, or any combination of the foregoing,	10546
and further includes site improvements, utilities, machinery,	10547
furnishings, and any separate or connected buildings, structures,	10548
improvements, sites, open space and green space areas, utilities,	10549
or equipment to be used in, or in connection with the operation or	10550
maintenance of, or supplementing or otherwise related to the	10551
services or facilities to be provided by, such facilities.	10552

(12) "Cost of community or technical college capital	10553
facilities" means the costs of acquiring, constructing,	10554
reconstructing, rehabilitating, remodeling, renovating, enlarging,	10555
improving, equipping, or furnishing community or technical college	10556
capital facilities, and the financing thereof, including the cost	10557
of clearance and preparation of the site and of any land to be	10558
used in connection with community or technical college capital	10559
facilities, the cost of any indemnity and surety bonds and	10560
premiums on insurance, all related direct administrative expenses	10561
and allocable portions of direct costs of the authority, community	10562
or technical college or community or technical college district,	10563
cost of engineering, architectural services, design, plans,	10564
specifications and surveys, estimates of cost, legal fees, fees	10565
and expenses of trustees, depositories, bond registrars, and	10566
paying agents for the obligations, cost of issuance of the	10567
obligations and financing costs and fees and expenses of financial	10568
advisers and consultants in connection therewith, interest on the	10569
obligations from the date thereof to the time when interest is to	10570
be covered by available receipts or other sources other than	10571
proceeds of the obligations, amounts that represent the portion of	10572
investment earnings to be rebated or to be paid to the federal	10573
government in order to maintain the exclusion from gross income	10574
for federal income tax purposes of interest on those obligations	10575
pursuant to section 148(f) of the Internal Revenue Code, amounts	10576
necessary to establish reserves as required by the bond	10577
proceedings, costs of audits, the reimbursements of all moneys	10578
advanced or applied by or borrowed from the community or technical	10579
college, community or technical college district, or others, from	10580
whatever source provided, including any temporary advances from	10581
state appropriations, for the payment of any item or items of cost	10582
of community or technical college facilities, and all other	10583
expenses necessary or incident to planning or determining	10584
feasibility or practicability with respect to such facilities, and	10585
such other expenses as may be necessary or incident to the	10586
acquisition, construction, reconstruction, rehabilitation,	10587
remodeling, renovation, enlargement, improvement, equipment, and	10588
furnishing of community or technical college capital facilities,	10589
the financing thereof and the placing of them in use and	10590
operation, including any one, part of, or combination of such	10591
classes of costs and expenses.	10592

(B) Pursuant to the powers granted to the general assembly	10593
under Section 2i of Article VIII, Ohio Constitution, to authorize	10594
the issuance of revenue obligations and other obligations, the	10595
owners or holders of which are not given the right to have excises	10596
or taxes levied by the general assembly for the payment of	10597
principal thereof or interest thereon, the Ohio building authority	10598
may issue obligations, in accordance with Chapter 152. of the	10599
Revised Code, and shall cause the net proceeds thereof, after any	10600
deposits of accrued interest for the payment of bond service	10601
charges and after any deposit of all or such lesser portion as the	10602
authority may direct of the premium received upon the sale of	10603
those obligations for the payment of the bond service charges, to	10604
be applied to the costs of capital facilities designated by or	10605
pursuant to act of the general assembly for housing state agencies	10606
as authorized by Chapter 152. of the Revised Code. The authority	10607
shall provide by resolution for the issuance of such obligations.	10608
The bond service charges and all other payments required to be	10609
made by the trust agreement or indenture securing such obligations	10610
shall be payable solely from available receipts of the authority	10611
pledged thereto as provided in such resolution. The available	10612
receipts pledged and thereafter received by the authority are	10613
immediately subject to the lien of such pledge without any	10614
physical delivery thereof or further act, and the lien of any such	10615
pledge is valid and binding against all parties having claims of	10616
any kind against the authority, irrespective of whether those	10617
parties have notice thereof, and creates a perfected security	10618
interest for all purposes of Chapter 1309. of the Revised Code and	10619
a perfected lien for purposes of any real property interest, all	10620
without the necessity for separation or delivery of funds or for	10621
the filing or recording of the resolution, trust agreement,	10622
indenture, or other agreement by which such pledge is created or	10623
any certificate, statement, or other document with respect	10624
thereto; and the pledge of such available receipts is effective	10625
and the money therefrom and thereof may be applied to the purposes	10626
for which pledged. Every pledge, and every covenant and agreement	10627
made with respect to the pledge, made in the resolution may	10628
therein be extended to the benefit of the owners and holders of	10629
obligations authorized by Chapter 152. of the Revised Code, the	10630
net proceeds of which are to be applied to the costs of capital	10631
facilities, and to any trustee therefor, for the further securing	10632
of the payment of the bond service charges, and all or any rights	10633
under any agreement or lease made under this section may be	10634
assigned for such purpose. Obligations may be issued at one time	10635
or from time to time, and each issue shall be dated, shall mature	10636
at such time or times as determined by the authority not exceeding	10637
forty years from the date of issue, and may be redeemable before	10638
maturity at the option of the authority at such price or prices	10639
and under such terms and conditions as are fixed by the authority	10640
prior to the issuance of the obligations. The authority shall	10641
determine the form of the obligations, fix their denominations,	10642
establish their interest rate or rates, which may be a variable	10643
rate or rates, or the maximum interest rate, and establish within	10644
or without this state a place or places of payment of bond service	10645
charges.	10646

(C) The obligations shall be signed by the authority	10647
chairperson, vice-chairperson, and secretary-treasurer, and the	10648
authority seal shall be affixed. The signatures may be facsimile	10649
signatures and the seal affixed may be a facsimile seal, as	10650
provided by resolution of the authority. Any coupons attached may	10651
bear the facsimile signature of the chairperson. In case any	10652
officer who has signed any obligations, or caused the officer's	10653
facsimile signature to be affixed thereto, ceases to be such	10654
officer before such obligations have been delivered, such	10655
obligations may, nevertheless, be issued and delivered as though	10656
the person who had signed the obligations or caused the person's	10657
facsimile signature to be affixed thereto had not ceased to be	10658
such officer.	10659

Any obligations may be executed on behalf of the authority by	10660
an officer who, on the date of execution, is the proper officer	10661
although on the date of such obligations such person was not the	10662
proper officer.	10663

(D) All obligations issued by the authority shall have all	10664
the qualities and incidents of negotiable instruments and may be	10665
issued in coupon or in registered form, or both, as the authority	10666
determines. Provision may be made for the registration of any	10667
obligations with coupons attached thereto as to principal alone or	10668
as to both principal and interest, their exchange for obligations	10669
so registered, and for the conversion or reconversion into	10670
obligations with coupons attached thereto of any obligations	10671
registered as to both principal and interest, and for reasonable	10672
charges for such registration, exchange, conversion, and	10673
reconversion. The authority may sell its obligations in any manner	10674
and for such prices as it determines, except that the authority	10675
shall sell obligations sold at public or private sale in	10676
accordance with section 152.091 of the Revised Code.	10677

(E) The obligations of the authority, principal, interest,	10678
and any proceeds from their sale or transfer, are exempt from all	10679
taxation within this state.	10680

(F) The authority is authorized to issue revenue obligations	10681
and other obligations under Section 2i of Article VIII, Ohio	10682
Constitution, for the purpose of paying the cost of capital	10683
facilities for housing of branches and agencies of state	10684
government, including capital facilities for the purpose of	10685
housing personnel, equipment, or functions, or any combination	10686
thereof that the state agencies are responsible for housing, as	10687
are authorized by Chapter 152. of the Revised Code, and that are	10688
authorized by the general assembly by the appropriation of lease	10689
payments or other moneys for such capital facilities or by any	10690
other act of the general assembly, but not including the	10691
appropriation of moneys for feasibility studies for such capital	10692
facilities. This division does not authorize the authority to	10693
issue obligations pursuant to Section 2i of Article VIII, Ohio	10694
Constitution, to pay the cost of capital facilities for mental	10695
hygiene and retardation, parks and recreation, or state-supported	10696
or state-assisted institutions of higher education.	10697

(G) The authority is authorized to issue revenue obligations	10698
under Section 2i of Article VIII, Ohio Constitution, on behalf of	10699
a community or technical college district and shall cause the net	10700
proceeds thereof, after any deposits of accrued interest for the	10701
payment of bond service charges and after any deposit of all or	10702
such lesser portion as the authority may direct of the premium	10703
received upon the sale of those obligations for the payment of the	10704
bond service charges, to be applied to the cost of community or	10705
technical college capital facilities, provided that the issuance	10706
of such obligations is subject to the execution of a written	10707
agreement in accordance with division (C) of section 3333.90 of	10708
the Revised Code for the withholding and depositing of funds	10709
otherwise due the district, or the college it operates, in respect	10710
of its allocated state share of instruction.	10711

The authority shall provide by resolution for the issuance of	10712
such obligations. The bond service charges and all other payments	10713
required to be made by the trust agreement or indenture securing	10714
the obligations shall be payable solely from available community	10715
or technical college receipts pledged thereto as provided in the	10716
resolution. The available community or technical college receipts	10717
pledged and thereafter received by the authority are immediately	10718
subject to the lien of such pledge without any physical delivery	10719
thereof or further act, and the lien of any such pledge is valid	10720
and binding against all parties having claims of any kind against	10721
the authority, irrespective of whether those parties have notice	10722
thereof, and creates a perfected security interest for all	10723
purposes of Chapter 1309. of the Revised Code and a perfected lien	10724
for purposes of any real property interest, all without the	10725
necessity for separation or delivery of funds or for the filing or	10726
recording of the resolution, trust agreement, indenture, or other	10727
agreement by which such pledge is created or any certificate,	10728
statement, or other document with respect thereto; and the pledge	10729
of such available community or technical college receipts is	10730
effective and the money therefrom and thereof may be applied to	10731
the purposes for which pledged. Every pledge, and every covenant	10732
and agreement made with respect to the pledge, made in the	10733
resolution may therein be extended to the benefit of the owners	10734
and holders of obligations authorized by this division, and to any	10735
trustee therefor, for the further securing of the payment of the	10736
bond service charges, and all or any rights under any agreement or	10737
lease made under this section may be assigned for such purpose.	10738
Obligations may be issued at one time or from time to time, and	10739
each issue shall be dated, shall mature at such time or times as	10740
determined by the authority not exceeding forty years from the	10741
date of issue, and may be redeemable before maturity at the option	10742
of the authority at such price or prices and under such terms and	10743
conditions as are fixed by the authority prior to the issuance of	10744
the obligations. The authority shall determine the form of the	10745
obligations, fix their denominations, establish their interest	10746
rate or rates, which may be a variable rate or rates, or the	10747
maximum interest rate, and establish within or without this state	10748
a place or places of payment of bond service charges.	10749

Sec. 152.10. The resolution of the Ohio building authority	10750
authorizing the issuance of authority obligations may contain	10751
provisions which shall be part of the contract with the holders of	10752
the obligations as to:	10753

(A) Pledging all or such portion as it determines of the	10754
available receipts of the authority for the payment of bond	10755
service charges and all other payments required to be made by the	10756
trust agreement or indenture securing such obligations, or	10757
restricting the security for a particular issue of obligations to	10758
specific revenues or receipts of the authority;	10759

(B) The acquisition, construction, reconstruction, equipment,	10760
furnishing, improvement, operation, alteration, enlargement,	10761
maintenance, insurance, and repair of capital facilities and sites	10762
therefor, and the duties of the authority with reference thereto;	10763

10764

(D) Limitations on the purposes to which the proceeds of the	10765
obligations may be applied;	10766

(E) The rate of rentals or other charges for the use of	10767
capital facilities, the revenues from which are pledged to the	10768
obligations authorized by such resolution, including limitations	10769
upon the power of the authority to modify such rentals or other	10770
charges;	10771

(F) The use of and the expenditures of the revenues of the	10772
authority in such manner and to such extent as shall be	10773
determined, which may include provision for the payment of the	10774
expenses of the operation, maintenance, and repair of capital	10775
facilities, and the operation and administration of the authority	10776
so that such expenses shall be paid or provided as a charge prior	10777
to the payment of bond service charges and all other payments	10778
required to be made by the trust agreement or indenture securing	10779
such obligations;	10780

(G) Limitations on the issuance of additional obligations;

10781

(H) The terms of any trust agreement or indenture securing	10782
the obligations or under which the same may be issued;	10783

(I) Any other or additional agreements with the holders of	10784
the obligations, or the trustee therefor with respect to the	10785
operation of the authority and with respect to its property,	10786
funds, and revenues, and insurance thereof, and of the authority,	10787
its members, officers, and employees;	10788

(J) The deposit and application of funds and the safeguarding	10789
of funds on hand or on deposit without regard to Chapter 131. of	10790
the Revised Code, including any deposits of accrued interest for	10791
the payment of bond service charges and any deposits of premium	10792
for the payment of bond service charges or for the application to	10793
the payment of costs of capital facilities;	10794

(K) Municipal bond insurance, letters of credit, and other	10795
related agreements, the cost of which may be included in the costs	10796
of issuance of the obligations, and the pledge, holding, and	10797
disposition of the proceeds thereof;	10798

(L) A covenant that the state and any using state agency or	10799
any using community or technical college or community or technical	10800
college district shall, so long as such obligations are	10801
outstanding, cause to be charged and collected such revenues and	10802
receipts of, or from, any such using state agency or any such	10803
using community or technical college or community or technical	10804
college district constituting available receipts under the	10805
resolution sufficient in amount to provide for the payment of bond	10806
service charges on such obligations and for the establishment and	10807
maintenance of any reserves, as provided in the resolution for	10808
such obligations, which covenant shall be controlling	10809
notwithstanding any other provision of law pertaining to such	10810
revenues and receipts; provided that no covenant shall require the	10811
general assembly to appropriate money derived from the levying of	10812
excises or taxes for the payment of rent or bond service charges.	10813

Sec. 152.12. (A) As used in this section, "prior community or	10814
technical college obligations" means bonds or notes previously	10815
issued by a community or technical college district under section	10816
3354.121, 3357.112, or 3358.10 of the Revised Code to pay costs of	10817
community or technical college capital facilities.	10818

(B) The Ohio building authority may authorize and issue	10819
obligations for the refunding of prior obligations or prior	10820
community or technical college obligations for any of the	10821
following purposes:	10822

~~(A)~~(1) Refunding any obligations previously issued by the	10823
authority or any prior community or technical college obligations,	10824
when the revenues pledged for the payment of such obligations are	10825
insufficient to pay obligations or prior community or technical	10826
college obligations which have matured or are about to mature or	10827
to maintain reserve or other funds required by the resolution or	10828
trust agreement or indenture;	10829

~~(B)~~(2) Refunding any obligations previously issued by the	10830
authority or any prior community or technical college obligations	10831
as an incident to providing funds for reconstructing, equipping,	10832
furnishing, improving, extending, or enlarging any capital	10833
facilities of the authority or any community or technical college	10834
district or community or technical college;	10835

~~(C)~~(3) Refunding all of the outstanding obligations or prior	10836
community or technical college obligations of any issue, both	10837
matured and unmatured, when the revenues pledged for the payment	10838
of such obligations or prior community or technical college	10839
obligations are insufficient to pay obligations which have matured	10840
or are about to mature or to maintain reserve or other funds	10841
required by the resolution or trust agreement or indenture, if	10842
such outstanding obligations or prior community or technical	10843
college obligations can be retired by call or at maturity or with	10844
the consent of the holders, whether from the proceeds of the sale	10845
of the refunding obligations or by exchange for the refunding	10846
obligations, provided the principal amount of the refunding	10847
obligations shall not exceed in amount the aggregate of the par	10848
value of the obligations or prior community or technical college	10849
obligations to be retired, any redemption premium, past due and	10850
future interest to the date of maturity or call that cannot	10851
otherwise be paid, and funds to reconstruct, equip, furnish,	10852
improve, enlarge, or extend any capital facilities of the	10853
authority or any community or technical college district or	10854
community or technical college;	10855

~~(D)~~(4) Refunding any obligations previously issued by the	10856
authority or any prior community or technical college obligations	10857
when the refunding obligations will bear interest at a lower rate	10858
than the obligations or prior community or technical college	10859
obligations to be refunded, or when the interest cost of the	10860
refunding obligations computed to the absolute maturity will be	10861
less than the interest cost of the obligations or prior community	10862
or technical college obligations to be refunded;	10863

~~(E)~~(5) Refunding any obligations issued pursuant to section	10864
152.23 of the Revised Code.	10865

(C) Obligations issued pursuant to division ~~(A)~~(B)(1) of this	10866
section shall mature not later than twenty years after their	10867
issuance and obligations issued pursuant to division (B)(2),	10868
~~(C)~~(3), ~~(D)~~(4), or ~~(E)~~(5) of this section shall mature not later	10869
than forty years after their issuance. Except as provided in this	10870
section, the terms of issuance and sale of obligations issued	10871
under this section shall be as provided in ~~Chapter 152. of the~~	10872
~~Revised Code~~this chapter for any other obligations for the	10873
benefit of state agencies, community or technical colleges, or	10874
community or technical college districts, as the context requires.	10875
Obligations authorized under this section shall be deemed to be	10876
issued for those purposes for which such prior obligations or	10877
prior community or technical college obligations were issued, and	10878
may be issued in amounts sufficient for funding and retirement of	10879
prior obligations or prior community or technical college	10880
obligations, for establishment of reserves as required by the	10881
refunding obligations or the resolution authorizing such refunding	10882
obligations or the trust agreement or indenture securing the	10883
refunding obligations, and for payment of any fees and expenses	10884
incurred or to be incurred in connection with such issuance and	10885
such refunding.	10886

Sec. 152.15. Obligations issued by the Ohio building	10887
authority do not, and they shall state that they do not, represent	10888
or constitute a debt of the state or any political subdivision,	10889
nor a pledge of the faith and credit of the state or any political	10890
subdivision. Pursuant to Section 2i of Article VIII, Ohio	10891
Constitution, such obligations shall not be deemed to be debts or	10892
bonded indebtedness of the state under other provisions of the	10893
Ohio Constitution.	10894

The holders or owners of obligations issued by the authority	10895
shall have no right to have excises or taxes levied by the general	10896
assembly for the payment of the bond service charges thereon. The	10897
right of such holders and owners to payment of such bond service	10898
charges shall be limited to the available receipts or available	10899
community or technical college receipts pledged thereto in	10900
accordance with ~~Chapter 152. of the Revised Code~~this chapter, and	10901
each such obligation shall bear on its face a statement to that	10902
effect. Any available receipts or available community or technical	10903
college receipts may be so pledged only to obligations issued for	10904
capital facilities which are in whole or in part useful to,	10905
constructed by, or financed by the department, board, commission,	10906
authority, community or technical college, community or technical	10907
college district, or other agency or instrumentality that receives	10908
the available receipts or available community or technical college	10909
receipts so pledged.	10910

Sec. 152.33. (A) The Ohio building authority is authorized	10911
under Chapter 152. of the Revised Code to issue revenue	10912
obligations and other obligations to pay the cost of capital	10913
facilities described in ~~section~~sections 111.26 and 307.021 of the	10914
Revised Code and the cost of capital facilities in which one or	10915
more state agencies are participating with the federal government,	10916
municipal corporations, counties, or other governmental entities	10917
or any one or more of them, and in which that portion of the	10918
facility allocated to the participating state agencies is to be	10919
used for the purpose stated in division (F) of section 152.09 of	10920
the Revised Code, when authorized by the general assembly in	10921
accordance with that division. Such participation may be by	10922
grants, loans, or contributions to other participating	10923
governmental entities for any of such capital facilities. Such	10924
obligations shall be deemed to be issued under sections 152.09 and	10925
152.23 of the Revised Code and shall conform to all requirements	10926
of sections 152.09 to 152.17 and 152.23 of the Revised Code. The	10927
right of holders and owners of obligations issued under this	10928
section to payment of bond service charges shall be limited to the	10929
revenues and receipts of the authority derived from rentals or	10930
other charges for use of the capital facilities constructed with	10931
the proceeds of the obligations to which such revenues and	10932
receipts are pledged, including revenues and receipts from or on	10933
behalf of any participating governmental entity.	10934

(B) Any lease of space by a state agency in a capital	10935
facility described in division (A) of this section shall conform	10936
to the requirements of division (D) of section 152.24 of the	10937
Revised Code.	10938

Sec. 153.013. With respect to any contract entered into	10939
under this chapter, which is made by the state or in whole or in	10940
part supported by state funds, a contractor shall comply with any	10941
regulation or ordinance that relates to the health, safety,	10942
status, and welfare of employees and that is enacted by the	10943
political subdivision in which the contract is to be performed.	10944

Sec. 156.01. As used in ~~this chapter~~sections 156.01 to	10945
156.05 of the Revised Code:	10946

(A) "Avoided capital costs" means a measured reduction in the	10947
cost of future equipment or other capital purchases that results	10948
from implementation of one or more energy or water conservation	10949
measures, when compared to an established baseline for previous	10950
such cost.	10951

(B) "Energy conservation measure" means an installation or	10952
modification of an installation in, or a remodeling of, an	10953
existing building in order to reduce energy consumption and	10954
operating costs. The term includes any of the following:	10955

(1) Installation or modification of insulation in the	10956
building structure and systems within the building;	10957

(2) Installation or modification of storm windows and doors,	10958
multiglazed windows and doors, and heat absorbing or heat	10959
reflective glazed and coated window and door systems; installation	10960
of additional glazing; reductions in glass area; and other window	10961
and door system modifications that reduce energy consumption and	10962
operating costs;	10963

(3) Installation or modification of automatic energy control	10964
systems;	10965

(4) Replacement or modification of heating, ventilating, or	10966
air conditioning systems;	10967

(5) Application of caulking and weather stripping;

10968

(6) Replacement or modification of lighting fixtures to	10969
increase the energy efficiency of the lighting system without	10970
increasing the overall illumination of a building unless the	10971
increase in illumination is necessary to conform to the applicable	10972
state or local building code for the proposed lighting system;	10973

(7) Installation or modification of energy recovery systems;

10974

(8) Installation or modification of cogeneration systems that	10975
produce steam or forms of energy such as heat, as well as	10976
electricity, for use primarily within a building or complex of	10977
buildings;	10978

(9) Any other modification, installation, or remodeling	10979
approved by the director of administrative services as an energy	10980
conservation measure for one or more buildings owned by the state.	10981

~~(B)~~(C) "Energy saving measure" means the acquisition and	10982
installation, by purchase, lease, lease-purchase, lease with an	10983
option to buy, or installment purchase, of an energy conservation	10984
measure and any attendant architectural and engineering consulting	10985
services.	10986

(D) "Energy, water, or wastewater cost savings" means a	10987
measured reduction in, as applicable, the cost of fuel, energy or	10988
water consumption, wastewater production, or stipulated operation	10989
or maintenance resulting from the implementation of one or more	10990
energy or water conservation measures, when compared to an	10991
established baseline for previous such costs, respectively.	10992

(E) "Operating cost savings" means a measured reduction in	10993
the cost of stipulated operation or maintenance created by the	10994
installation of new equipment or implementation of a new service,	10995
when compared with an established baseline for previous such	10996
stipulated costs.	10997

(F) "Water conservation measure" means an installation or	10998
modification of an installation in, or a remodeling of, an	10999
existing building or the surrounding grounds in order to reduce	11000
water consumption. The term includes any of the following:	11001

(1) Water-conserving fixture, appliance, or equipment, or the	11002
substitution of a nonwater-using fixture, appliance, or equipment;	11003

(2) Water-conserving, landscape irrigation equipment;

11004

(3) Landscaping measure that reduces storm water runoff	11005
demand and capture and hold applied water and rainfall, including	11006
landscape contouring such as the use of a berm, swale, or terrace	11007
and including the use of a soil amendment, including compost, that	11008
increases the water-holding capacity of the soil;	11009

(4) Rainwater harvesting equipment or equipment to make use	11010
of water collected as part of a storm water system installed for	11011
water quality control;	11012

(5) Equipment for recycling or reuse of water originating on	11013
the premises or from another source, including treated, municipal	11014
effluent;	11015

(6) Equipment needed to capture water for nonpotable uses	11016
from any nonconventional, alternate source, including air	11017
conditioning condensate or gray water;	11018

(7) Any other modification, installation, or remodeling	11019
approved by the board of trustees of a state institution of higher	11020
education as defined in section 3345.011 of the Revised Code as a	11021
water conservation measure for one or more buildings or the	11022
surrounding grounds owned by the institution.	11023

(G) "Water saving measure" means the acquisition and	11024
installation, by the purchase, lease, lease-purchase, lease with	11025
an option to buy, or installment purchases of a water conservation	11026
measure and any attendant architectural and engineering consulting	11027
services.	11028

Sec. 156.02. (A) The director of administrative services	11029
may contract with an energy services company, contractor,	11030
architect, professional engineer, or other person experienced in	11031
the design and implementation of energy conservation measures for	11032
a report containing an analysis and recommendations pertaining to	11033
the implementation of energy conservation measures that would	11034
significantly reduce energy consumption and operating costs in	11035
any buildings owned by the state ~~and, upon request of its board~~	11036
~~of trustees or managing authority, any building owned by an~~	11037
~~institution of higher education as defined in section 3345.12 of~~	11038
~~the Revised Code~~. The report shall include estimates of all costs	11039
of such measures, including the costs of design, engineering,	11040
installation, maintenance, repairs, and debt service, and	11041
estimates of the amounts by which energy consumption and	11042
operating costs would be reduced.	11043

(B) Upon the request of the board of trustees or managing	11044
authority of a state institution of higher education as defined in	11045
section 3345.011 of the Revised Code, the director may contract	11046
with a water services company, architect, professional engineer,	11047
contractor, or other person experienced in the design and	11048
implementation of energy or water conservation measures for a	11049
report containing an analysis and recommendations pertaining to	11050
the implementation of energy or water conservation measures that	11051
result in energy, water, or wastewater cost savings, operating	11052
cost savings, or avoided capital costs for the institution. The	11053
report shall include estimates of all costs of such installations,	11054
including the costs of design, engineering, installation,	11055
maintenance, repairs, and debt service, and estimates of the	11056
energy, water, or wastewater cost savings, operating cost savings,	11057
and avoided capital costs created.	11058

Sec. 156.03. (A) If the director of administrative services	11059
wishes to enter into an installment payment contract pursuant to	11060
section 156.04 of the Revised Code or any other contract to	11061
implement one or more energy saving measures or, in the case of a	11062
state institution of higher education pursuant to division (B) of	11063
section 156.02 of the Revised Code, energy or water saving	11064
measures, hethe director may proceed under Chapter 153. of the	11065
Revised Code, or, alternatively, hethe director may request the	11066
controlling board to exempt the contract from Chapter 153. of the	11067
Revised Code.	11068

If the controlling board by a majority vote approves an	11069
exemption, that chapter shall not apply to the contract and	11070
instead the director shall request proposals from at least three	11071
parties for the implementation of the energy or water saving	11072
measures. Prior to providing any interested party a copy of any	11073
such request, the director shall advertise, in a newspaper of	11074
general circulation in the county where the contract is to be	11075
performed, ~~his~~the director's intent to request proposals for the	11076
implementation of the energy or water saving measures. The notice	11077
shall invite interested parties to submit proposals for	11078
consideration and shall be published at least thirty days prior to	11079
the date for accepting proposals.	11080

(B) Upon receiving the proposals, the director shall analyze	11081
them and, after considering the cost estimates of each proposal	11082
and the availability of funds to pay for each with current	11083
appropriations or by financing the cost of each through an	11084
installment payment contract under section 156.04 of the Revised	11085
Code, may select one or more proposals or reject all proposals. In	11086
selecting proposals, the director shall select the one or more	11087
proposals most likely to result in the greatest savings when the	11088
cost of the proposal is compared to the reduced energy and	11089
operating costs that will result from implementing the proposal.	11090
However, in the case of a state institution of higher education	11091
pursuant to division (B) of section 156.02 of the Revised Code,	11092
the director shall select the one or more proposals most likely	11093
to result in the greatest energy, water, or wastewater savings,	11094
operating costs savings, and avoided capital costs created.	11095

(C)(1) No contract shall be awarded to implement energy	11096
saving measures under this section, other than in the case of a	11097
state institution of higher education, unless the director finds	11098
that one or both of the following circumstances exists, as	11099
applicable:	11100

~~(A)~~(a) In the case of a contract for a cogeneration system	11101
described in division (H) of section 156.01 of the Revised Code,	11102
the cost of the contract is not likely to exceed the amount of	11103
money that would be saved in energy and operating costs over no	11104
more than five years;	11105

~~(B)~~(b) In the case of any contract for any energy saving	11106
measure other than a cogeneration system, the cost of the contract	11107
is not likely to exceed the amount of money that would be saved in	11108
energy and operating costs over no more than ten years.	11109

(2) In the case of a state institution of higher education	11110
pursuant to division (B) of section 156.02 of the Revised Code, no	11111
contract shall be awarded to implement energy or water saving	11112
measures for the institution under this section unless the	11113
director finds that both of the following circumstances exists:	11114

(a) Not less than one-fifteenth of the costs of the contract	11115
shall be paid within two years from the date of purchase;	11116

(b) The remaining balance of the cost of the contract shall	11117
be paid within fifteen years from the date of purchase.	11118

Sec. 156.04. (A) In accordance with this section and section	11119
156.03 of the Revised Code, the director of administrative	11120
services may enter into an installment payment contract for the	11121
implementation of one or more energy or water saving measures. If	11122
the director wishes an installment payment contract to be exempted	11123
from Chapter 153. of the Revised Code, the director shall proceed	11124
pursuant to section 156.03 of the Revised Code.	11125

(B)(1) Any installment payment contract under this section,	11126
other than in the case of a state institution of higher education,	11127
for one or more energy saving measures shall provide that all	11128
payments, except payments for repairs and obligations on	11129
termination of the contract prior to its expiration, are to be a	11130
stated percentage of calculated savings of energy and operating	11131
costs attributable to the one or more measures over a defined	11132
period of time and are to be made only to the extent that those	11133
savings actually occur. No such contract shall contain any of the	11134
following:	11135

~~(1)~~(a) A requirement of any additional capital investment or	11136
contribution of funds, other than funds available from state or	11137
federal grants;	11138

~~(2)~~(b) In the case of a contract for an energy saving measure	11139
that is a cogeneration system described in division (H) of section	11140
156.01 of the Revised Code, a payment term longer than five years;	11141

~~(3)~~(c) In the case of a contract for any energy saving	11142
measure that is not a cogeneration system, a payment term longer	11143
than ten years.	11144

(2) Any installment payment contract under this section for	11145
one or more energy or water saving measures for a state	11146
institution of higher education pursuant to division (B) of	11147
section 156.02 of the Revised Code, shall provide that all	11148
payments, except payments for repairs and obligations on	11149
termination of the contract prior to its expiration, are to be a	11150
stated percentage of calculated energy, water, or wastewater cost	11151
savings, operating costs, and avoided capital costs attributable	11152
to the one or more measures over a defined period of time and are	11153
to be made only to the extent that those calculated amounts	11154
actually occur. No such contract shall contain either of the	11155
following:	11156

(a) A requirement of any additional capital investment or	11157
contribution of funds, other than funds available from state or	11158
federal grants;	11159

(b) A payment term longer than fifteen years.

11160

(C) Any installment payment contract entered into under this	11161
section shall terminate no later than the last day of the fiscal	11162
biennium for which funds have been appropriated to the department	11163
of administrative services by the general assembly and shall be	11164
renewed in each succeeding fiscal biennium in which any balance of	11165
the contract remains unpaid, provided that both an appropriation	11166
for that succeeding fiscal biennium and the certification required	11167
by section 126.07 of the Revised Code are made.	11168

Sec. 166.07. (A) The director of development, with the	11169
approval of the controlling board and subject to the other	11170
applicable provisions of this chapter, may lend moneys in the	11171
facilities establishment fund to persons for the purpose of paying	11172
allowable costs of an eligible project if the director determines	11173
that:	11174

(1) The project is an eligible project and is economically	11175
sound;	11176

(2) The borrower is unable to finance the necessary allowable	11177
costs through ordinary financial channels upon comparable terms;	11178

(3) The amount to be lent from the facilities establishment	11179
fund will not exceed seventy-five per cent of the total allowable	11180
costs of the eligible project, except that if any part of the	11181
amount to be lent from the facilities establishment fund is	11182
derived from the issuance and sale of project financing	11183
obligations the amount to be lent will not exceed ninety per cent	11184
of the total allowable costs of the eligible project;	11185

(4) The eligible project could not be achieved in the local	11186
area in which it is to be located if the portion of the project to	11187
be financed by the loan instead were to be financed by a loan	11188
guaranteed under section 166.06 of the Revised Code;	11189

(5) The repayment of the loan from the facilities	11190
establishment fund will be adequately secured by a mortgage,	11191
assignment, pledge, or lien provided for under section 9.661 of	11192
the Revised Code, at such level of priority as the director may	11193
require;	11194

(6) The borrower will hold at least a ten per cent equity	11195
interest in the eligible project at the time the loan is made.	11196

(B) The determinations of the director under division (A) of	11197
this section shall be conclusive for purposes of the validity of a	11198
loan commitment evidenced by a loan agreement signed by the	11199
director.	11200

(C) In furtherance of the public policy of this chapter,	11201
there is hereby established the micro-lending program for the	11202
purpose of paying the allowable costs of eligible projects of	11203
eligible small businesses. From any amount of the facilities	11204
establishment fund that the general assembly designates for the	11205
purpose of the micro-lending program, the director of development	11206
shall make loans under this section to eligible small businesses.	11207
The director shall establish eligibility criteria and loan terms	11208
for the program that supplement eligibility criteria and loan	11209
terms otherwise prescribed for loans under this section, and may	11210
prescribe reduced service charges and fees. For the purpose of	11211
lending under the micro-lending program, the director of	11212
development shall give precedence to projects of eligible small	11213
businesses that foster the development of small entrepreneurial	11214
enterprises, notwithstanding the considerations prescribed by	11215
divisions (A)(1)(a) and (b) of section 166.05 of the Revised Code	11216
to the extent those considerations otherwise may have the effect	11217
of disqualifying projects of eligible small businesses.	11218

(D) Fees, charges, rates of interest, times of payment of	11219
interest and principal, and other terms, conditions, and	11220
provisions of and security for loans made from the facilities	11221
establishment fund pursuant to this section shall be such as the	11222
director determines to be appropriate and in furtherance of the	11223
purpose for which the loans are made. The moneys used in making	11224
such loans shall be disbursed from the facilities establishment	11225
fund upon order of the director. The director shall give special	11226
consideration in setting the required job creation ratios and	11227
interest rates for loans that are for voluntary actions.	11228

~~(D)~~(E) The director may take actions necessary or appropriate	11229
to collect or otherwise deal with any loan made under this	11230
section, including any action authorized by section 9.661 of the	11231
Revised Code.	11232

~~(E)~~(F) The director may fix service charges for the making of	11233
a loan. Such charges shall be payable at such times and place and	11234
in such amounts and manner as may be prescribed by the director.	11235

Sec. 169.08. (A) Any person claiming a property interest in	11236
unclaimed funds delivered or reported to the state under Chapter	11237
169. of the Revised Code, including the office of child support in	11238
the department of job and family services, pursuant to section	11239
3123.88 of the Revised Code, may file a claim thereto on the form	11240
prescribed by the director of commerce.	11241

(B) The director shall consider matters relevant to any claim	11242
filed under division (A) of this section and shall hold a formal	11243
hearing if requested or considered necessary and receive evidence	11244
concerning such claim. A finding and decision in writing on each	11245
claim filed shall be prepared, stating the substance of any	11246
evidence received or heard and the reasons for allowance or	11247
disallowance of the claim. The evidence and decision shall be a	11248
public record. No statute of limitations shall bar the allowance	11249
of a claim.	11250

(C) For the purpose of conducting any hearing, the director	11251
may require the attendance of such witnesses and the production of	11252
such books, records, and papers as the director desires, and the	11253
director may take the depositions of witnesses residing within or	11254
without this state in the same manner as is prescribed by law for	11255
the taking of depositions in civil actions in the court of common	11256
pleas, and for that purpose the director may issue a subpoena for	11257
any witness or a subpoena duces tecum to compel the production of	11258
any books, records, or papers, directed to the sheriff of the	11259
county where such witness resides or is found, which shall be	11260
served and returned. The fees of the sheriff shall be the same as	11261
that allowed in the court of common pleas in criminal cases.	11262
Witnesses shall be paid the fees and mileage provided for under	11263
section 119.094 of the Revised Code. Fees and mileage shall be	11264
paid from the unclaimed funds trust fund.	11265

(D) Interest is not payable to claimants of unclaimed funds	11266
held by the state. Claims shall be paid from the trust fund. If	11267
the amount available in the trust fund is not sufficient to pay	11268
pending claims, or other amounts disbursable from the trust fund,	11269
the treasurer of state shall certify such fact to the director,	11270
who shall then withdraw such amount of funds from the mortgage	11271
accounts as the director determines necessary to reestablish the	11272
trust fund to a level required to pay anticipated claims but not	11273
more than ten per cent of the net unclaimed funds reported to	11274
date.	11275

The director ~~shall retain in the trust fund, as a fee for~~	11276
~~administering the funds, five per cent of the total amount of~~	11277
~~unclaimed funds payable to the claimant and~~ may withdraw the funds	11278
paid to the director by the holders and deposited by the director	11279
with the treasurer of state or in a financial institution as agent	11280
for such funds. Whenever these funds are inadequate to meet the	11281
requirements for the trust fund, the director shall provide for a	11282
withdrawal of funds, within a reasonable time, in such amount as	11283
is necessary to meet the requirements, from financial institutions	11284
in which such funds were retained or placed by a holder and from	11285
other holders who have retained funds, in an equitable manner as	11286
prescribed by the director. In the event that the amount to be	11287
withdrawn from any one such holder is less than five hundred	11288
dollars, the amount to be withdrawn shall be at the discretion of	11289
the director. Such funds may be reimbursed in the amounts	11290
withdrawn when the trust fund has a surplus over the amount	11291
required to pay anticipated claims. Whenever the trust fund has a	11292
surplus over the amount required to pay anticipated claims, the	11293
director may transfer such surplus to the mortgage accounts.	11294

(E) If a claim which is allowed under this section relates to	11295
funds which have been retained by the reporting holder, and if the	11296
funds, on deposit with the treasurer of state pursuant to this	11297
chapter, are insufficient to pay claims, the director may notify	11298
such holder in writing of the payment of the claim and such holder	11299
shall immediately reimburse the state in the amount of such claim.	11300
The reimbursement shall be credited to the unclaimed funds trust	11301
fund.	11302

(F) Any person, including the office of child support,	11303
adversely affected by a decision of the director may appeal such	11304
decision in the manner provided in Chapter 119. of the Revised	11305
Code.	11306

In the event the claimant prevails, the claimant shall be	11307
reimbursed for reasonable attorney's fees and costs.	11308

(G) Notwithstanding anything to the contrary in this chapter,	11309
any holder who has paid moneys to or entered into an agreement	11310
with the director pursuant to section 169.05 of the Revised Code	11311
on certified checks, cashiers' checks, bills of exchange, letters	11312
of credit, drafts, money orders, or travelers' checks, may make	11313
payment to any person entitled thereto, including the office of	11314
child support, and upon surrender of the document, except in the	11315
case of travelers' checks, and proof of such payment, the director	11316
shall reimburse the holder for such payment without interest.	11317

Sec. 173.08. (A) The resident services coordinator program is	11318
established in the department of aging to fund resident services	11319
coordinators. The coordinators shall provide information to	11320
low-income and special-needs tenants, including the elderly, who	11321
live in financially assisted rental housing complexes, and assist	11322
those tenants in identifying and obtaining community and program	11323
services and other benefits for which they are eligible.	11324

(B) The resident services coordinator program fund is hereby	11325
created in the state treasury to support the resident services	11326
coordinator program established pursuant to this section. The fund	11327
consists of all moneys the department of development sets aside	11328
pursuant to division (A)~~(4)~~(3) of section 174.02 of the Revised	11329
Code and moneys the general assembly appropriates to the fund.	11330

Sec. 173.28. (A)(1) As used in this division, "incident"	11331
means the occurrence of a violation with respect to a resident or	11332
recipient, as those terms are defined in section 173.14 of the	11333
Revised Code. A violation is a separate incident for each day it	11334
occurs and for each resident who is subject to it.	11335

In lieu of the fine that may be imposed under division (A) of	11336
section 173.99 of the Revised Code, the director of aging may,	11337
under Chapter 119. of the Revised Code, fine a long-term care	11338
provider or other entity, or a person employed by a long-term care	11339
provider or other entity, for a violation of division (C) of	11340
section 173.24 of the Revised Code. The fine shall not exceed one	11341
thousand dollars per incident.	11342

(2) In lieu of the fine that may be imposed under division	11343
(C) of section 173.99 of the Revised Code, the director may, under	11344
Chapter 119. of the Revised Code, fine a long-term care provider	11345
or other entity, or a person employed by a long-term care provider	11346
or other entity, for violating division (E) of section 173.19 of	11347
the Revised Code by denying a representative of the office of the	11348
state long-term care ombudsperson program the access required by	11349
that division. The fine shall not exceed five hundred dollars for	11350
each day the violation continued.	11351

(B) On request of the director, the attorney general shall	11352
bring and prosecute to judgment a civil action to collect any fine	11353
imposed under division (A)(1) or (2) of this section that remains	11354
unpaid thirty days after the violator's final appeal is exhausted.	11355

(C) All fines collected under this section shall be deposited	11356
into the state treasury to the credit of the state long-term care	11357
ombudsperson program fund created under section 173.26 of the	11358
Revised Code.	11359

Sec. 173.35. (A) As used in this section, "PASSPORT	11360
administrative agency" means an entity under contract with the	11361
department of aging to provide administrative services regarding	11362
the PASSPORT program created under section 173.40 of the Revised	11363
Code.	11364

(B) The department of aging shall administer the residential	11365
state supplement program under which the state supplements the	11366
supplemental security income payments received by aged, blind, or	11367
disabled adults under Title XVI of the "Social Security Act," 49	11368
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	11369
supplement payments shall be used for the provision of	11370
accommodations, supervision, and personal care services to	11371
supplemental security income recipients who the department	11372
determines are at risk of needing institutional care.	11373

(C) For an individual to be eligible for residential state	11374
supplement payments, all of the following must be the case:	11375

(1) Except as provided by division (G) of this section, the	11376
individual must reside in one of the following:	11377

(a) An adult foster home certified under section 173.36 of	11378
the Revised Code;	11379

(b) A home or facility, other than a nursing home or nursing	11380
home unit of a home for the aging, licensed by the department of	11381
health under Chapter 3721. or 3722. of the Revised Code and	11382
certified in accordance with standards established by the director	11383
of aging under division (D)(2) of this section;	11384

(c) ~~A community alternative home licensed under section~~	11385
~~3724.03 of the Revised Code and certified in accordance with~~	11386
~~standards established by the director of aging under division~~	11387
~~(D)(2) of this section;~~	11388

~~(d)~~ A residential facility as defined in division	11389
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	11390
the department of mental health and certified in accordance with	11391
standards established by the director of aging under division	11392
(D)(2) of this section;	11393

~~(e)~~(d) An apartment or room used to provide community mental	11394
health housing services certified by the department of mental	11395
health under section 5119.611 of the Revised Code and approved by	11396
a board of alcohol, drug addiction, and mental health services	11397
under division (A)(14) of section 340.03 of the Revised Code and	11398
certified in accordance with standards established by the director	11399
of aging under division (D)(2) of this section.	11400

(2) Effective July 1, 2000, a PASSPORT administrative agency	11401
must have determined that the environment in which the individual	11402
will be living while receiving the payments is appropriate for the	11403
individual's needs. If the individual is eligible for supplemental	11404
security income payments or social security disability insurance	11405
benefits because of a mental disability, the PASSPORT	11406
administrative agency shall refer the individual to a community	11407
mental health agency for the community mental health agency to	11408
issue in accordance with section 340.091 of the Revised Code a	11409
recommendation on whether the PASSPORT administrative agency	11410
should determine that the environment in which the individual will	11411
be living while receiving the payments is appropriate for the	11412
individual's needs. Division (C)(2) of this section does not apply	11413
to an individual receiving residential state supplement payments	11414
on June 30, 2000, until the individual's first eligibility	11415
redetermination after that date.	11416

(3) The individual satisfies all eligibility requirements	11417
established by rules adopted under division (D) of this section.	11418

(D)(1) The directors of aging and job and family services	11419
shall adopt rules in accordance with section 111.15 of the Revised	11420
Code as necessary to implement the residential state supplement	11421
program.	11422

To the extent permitted by Title XVI of the "Social Security	11423
Act," and any other provision of federal law, the director of job	11424
and family services shall adopt rules establishing standards for	11425
adjusting the eligibility requirements concerning the level of	11426
impairment a person must have so that the amount appropriated for	11427
the program by the general assembly is adequate for the number of	11428
eligible individuals. The rules shall not limit the eligibility of	11429
disabled persons solely on a basis classifying disabilities as	11430
physical or mental. The director of job and family services also	11431
shall adopt rules that establish eligibility standards for aged,	11432
blind, or disabled individuals who reside in one of the homes or	11433
facilities specified in division (C)(1) of this section but who,	11434
because of their income, do not receive supplemental security	11435
income payments. The rules may provide that these individuals may	11436
include individuals who receive other types of benefits,	11437
including, social security disability insurance benefits provided	11438
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	11439
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	11440
section, such payments may be made if funds are available for	11441
them.	11442

The director of aging shall adopt rules establishing the	11443
method to be used to determine the amount an eligible individual	11444
will receive under the program. The amount the general assembly	11445
appropriates for the program shall be a factor included in the	11446
method that department establishes. In adopting the rules, the	11447
director shall comply with the requirements of section 173.352 of	11448
the Revised Code.	11449

(2) The director of aging shall adopt rules in accordance	11450
with Chapter 119. of the Revised Code establishing standards for	11451
certification of living facilities described in division (C)(1) of	11452
this section.	11453

The directors of aging and mental health shall enter into an	11454
agreement to certify facilities that apply for certification and	11455
meet the standards established by the director of aging under this	11456
division.	11457

(E) The county department of job and family services of the	11458
county in which an applicant for the residential state supplement	11459
program resides shall determine whether the applicant meets income	11460
and resource requirements for the program.	11461

(F) The department of aging shall maintain a waiting list of	11462
any individuals eligible for payments under this section but not	11463
receiving them because moneys appropriated to the department for	11464
the purposes of this section are insufficient to make payments to	11465
all eligible individuals. An individual may apply to be placed on	11466
the waiting list even though the individual does not reside in one	11467
of the homes or facilities specified in division (C)(1) of this	11468
section at the time of application. The director of aging, by	11469
rules adopted in accordance with Chapter 119. of the Revised	11470
Code, shall specify procedures and requirements for placing an	11471
individual on the waiting list and priorities for the order in	11472
which individuals placed on the waiting list are to begin to	11473
receive residential state supplement payments. The rules	11474
specifying priorities may give priority to individuals placed on	11475
the waiting list on or after July 1, 2006, who receive	11476
supplemental security income benefits under Title XVI of the	11477
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	11478
amended. The rules shall not affect the place on the waiting list	11479
of any person who was on the list on July 1, 2006. The rules	11480
specifying priorities may also set additional priorities based on	11481
living arrangement, such as whether an individual resides in a	11482
facility listed in division (C)(1) of this section or has been	11483
admitted to a nursing facility.	11484

(G) An individual in a licensed or certified living	11485
arrangement receiving state supplementation on November 15, 1990,	11486
under former section 5101.531 of the Revised Code shall not become	11487
ineligible for payments under this section solely by reason of the	11488
individual's living arrangement as long as the individual remains	11489
in the living arrangement in which the individual resided on	11490
November 15, 1990.	11491

(H) The department of aging shall notify each person denied	11492
approval for payments under this section of the person's right to	11493
a hearing. On request, the hearing shall be provided by the	11494
department of job and family services in accordance with section	11495
5101.35 of the Revised Code.	11496

Sec. 173.352. (A) As used in this section:

11497

(1) "Eligible residence" means a dwelling described in	11498
division (C)(1) of section 173.35 of the Revised Code in which a	11499
resident resides.	11500

(2) "Resident" means an individual receiving residential	11501
state supplement payments.	11502

(3) "Cost-of-living adjustment" means the total adjustment to	11503
monthly supplemental security income payments made since March	11504
1983 under 42 U.S.C. 1382f.	11505

(B) A resident may be charged a monthly amount not exceeding	11506
the sum of the following for accommodations, supervision, and	11507
personal care services in an eligible residence:	11508

(1) The resident's monthly supplemental security income	11509
payment, including any cost-of-living adjustment reflected in that	11510
monthly payment, minus a personal needs allowance of seventy	11511
dollars;	11512

(2) The resident's residential state supplement payment.

11513

(C) A residential state supplement payment shall not be	11514
reduced by any amount of a cost-of-living adjustment.	11515

Sec. 173.392. (A) The department of aging may pay a person or	11516
government entity for providing community-based long-term care	11517
services under a program the department administers, even though	11518
the person or government entity is not certified under section	11519
173.391 of the Revised Code, if all of the following are the case:	11520

(1) The person or government entity has a contract with the	11521
department of aging or the department's designee to provide the	11522
services in accordance with the contract or has received a grant	11523
from the department or its designee to provide the services in	11524
accordance with a grant agreement;	11525

(2) The contract or grant agreement includes detailed	11526
conditions of participation for providers of services under a	11527
program the department administers and service standards that the	11528
person or government entity is required to satisfy;	11529

(3) The person or government entity complies with the	11530
contract or grant agreement;	11531

(4) The contract or grant is not for medicaid-funded	11532
services, other than services provided under the PACE program	11533
administered by the department of aging under section 173.50 of	11534
the Revised Code.	11535

(B) The director of aging shall adopt rules in accordance	11536
with Chapter 119. of the Revised Code governing both of the	11537
following:	11538

(1) Contracts and grant agreements between the department of	11539
aging or its designee and persons and government entities	11540
regarding community-based long-term care services provided under a	11541
program the department administers;	11542

(2) The department's payment for community-based long-term	11543
care services ~~provided~~ under ~~such a contract~~this section.	11544

Sec. 173.401. (A) As used in this section:

11545

"Area agency on aging" has the same meaning as in section	11546
173.14 of the Revised Code.	11547

"Long-term care consultation program" means the program the	11548
department of aging is required to develop under section 173.42 of	11549
the Revised Code.	11550

"Long-term care consultation program administrator" or	11551
"administrator" means the department of aging or, if the	11552
department contracts with an area agency on aging or other entity	11553
to administer the long-term care consultation program for a	11554
particular area, that agency or entity.	11555

"Nursing facility" has the same meaning as in section 5111.20	11556
of the Revised Code.	11557

"PASSPORT program" means the program created under section	11558
173.40 of the Revised Code.	11559

"PASSPORT waiver" means the federal medicaid waiver granted	11560
by the United States secretary of health and human services that	11561
authorizes the PASSPORT program.	11562

(B) The director of job and family services shall submit to	11563
the United States secretary of health and human services an	11564
amendment to the PASSPORT waiver that authorizes additional	11565
enrollments in the PASSPORT program pursuant to this section.	11566
Beginning with the month following the month in which the United	11567
States secretary approves the amendment and each month thereafter,	11568
each area agency on aging shall determine whether individuals who	11569
reside in the area that the area agency on aging serves and are on	11570
a waiting list for the PASSPORT program have been admitted to a	11571
nursing facility. If an area agency on aging determines that such	11572
an individual has been admitted to a nursing facility, the agency	11573
shall notify the long-term care consultation program administrator	11574
serving the area in which the individual resides about the	11575
determination. The administrator shall determine whether the	11576
PASSPORT program is appropriate for the individual and whether the	11577
individual would rather participate in the PASSPORT program than	11578
continue residing in the nursing facility. If the administrator	11579
determines that the PASSPORT program is appropriate for the	11580
individual and the individual would rather participate in the	11581
PASSPORT program than continue residing in the nursing facility,	11582
the administrator shall so notify the department of aging. On	11583
receipt of the notice from the administrator, the department of	11584
aging shall approve the individual's enrollment in the PASSPORT	11585
program regardless of the PASSPORT program's waiting list and even	11586
though the enrollment causes enrollment in the program to exceed	11587
the limit that would otherwise apply. Each quarter, the department	11588
of aging shall certify to the director of budget and management	11589
the estimated increase in costs of the PASSPORT program resulting	11590
from enrollment of individuals in the PASSPORT program pursuant to	11591
this section.	11592

~~(C) Not later than the last day of each calendar year, the~~	11593
~~director of job and family services shall submit to the general~~	11594
~~assembly a report regarding the number of individuals enrolled in~~	11595
~~the PASSPORT program pursuant to this section and the costs~~	11596
~~incurred and savings achieved as a result of the enrollments.~~	11597

Sec. 173.402. As used in this section, "PASSPORT program"	11598
means the program created under section 173.40 of the Revised	11599
Code.	11600

An individual enrolled in the PASSPORT program may not	11601
receive any of the following medicaid state plan services unless	11602
the services are provided in conjunction with medicaid case	11603
management services provided to the individual:	11604

(A) Home health services;

11605

(B) Private duty nursing services;

11606

11607

(D) Services of a clinical nurse specialist;

11608

(E) Services of a certified nurse practitioner.

11609

Sec. 173.403. (A) As used in this section:

11610

(1) "Choices program" means the medicaid waiver component, as	11611
defined in section 5111.85 of the Revised Code, known as the	11612
choices program that the department of aging administers pursuant	11613
to an interagency agreement with the department of job and family	11614
services under section 5111.91 of the Revised Code.	11615

(2) "Choices waiver" means the federal medicaid waiver that	11616
authorizes the choices program.	11617

(B) The director of job and family services shall submit to	11618
the United States secretary of health and human services an	11619
amendment to the choices waiver to provide for the choices program	11620
to be available statewide. On receipt of approval of the amendment	11621
to the choices waiver, the departments of job and family services	11622
and aging shall amend the interagency agreement entered into under	11623
section 5111.91 of the Revised Code regarding the choices program	11624
to provide for the department of aging to administer the choices	11625
program statewide.	11626

Sec. 173.42. (A) As used in ~~this section~~sections 173.42 to	11627
173.434 of the Revised Code:	11628

(1) "Area agency on aging" means a public or private	11629
nonprofit entity designated under section 173.011 of the Revised	11630
Code to administer programs on behalf of the department of aging.	11631

(2) "Department of aging-administered medicaid waiver	11632
component" means all of the following:	11633

(a) The PASSPORT program created under section 173.40 of the	11634
Revised Code;	11635

(b) The choices program as defined in section 173.403 of the	11636
Revised Code;	11637

(c) The assisted living program as defined in section 5111.89	11638
of the Revised Code;	11639

(d) Any other medicaid waiver component, as defined in	11640
section 5111.85 of the Revised Code, that the department of aging	11641
administers pursuant to an interagency agreement with the	11642
department of job and family services under section 5111.91 of the	11643
Revised Code.	11644

(3) "Home and community-based services covered by medicaid"	11645
means all of the following:	11646

(a) Medicaid waiver services available to a participant in a	11647
department of aging-administered medicaid waiver component;	11648

(b) The following medicaid state plan services available to a	11649
participant in a department of aging-administered medicaid waiver	11650
component as specified in rules adopted under section 5111.02 of	11651
the Revised Code:	11652

(i) Home health services;

11653

(ii) Private duty nursing services;

11654

(iii) Durable medical equipment;

11655

(iv) Services of a clinical nurse specialist;

11656

(v) Services of a certified nurse practitioner.

11657

(c) Services available under the PACE program that the	11658
department of aging administers pursuant to section 173.50 of the	11659
Revised Code.	11660

(4) "Long-term care consultation" or "consultation" means the	11661
~~process used to provide services under~~consultation service made	11662
available by the department of aging or a program administrator	11663
through the long-term care consultation program established	11664
pursuant to this section~~, including, but not limited to, such~~	11665
~~services as the provision of information about long-term care~~	11666
~~options and costs, the assessment of an individual's functional~~	11667
~~capabilities, and the conduct of all or part of the reviews,~~	11668
~~assessments, and determinations specified in sections 5111.202,~~	11669
~~5111.204, 5119.061, and 5123.021 of the Revised Code and the~~	11670
~~rules adopted under those sections~~.	11671

~~(3)~~(5) "Medicaid" means the medical assistance program	11672
established under Chapter 5111. of the Revised Code.	11673

~~(4)~~(6) "Nursing facility" has the same meaning as in section	11674
5111.20 of the Revised Code.	11675

~~(5)~~(7) "Program administrator" means an area agency on aging	11676
or other entity under contract with the department of aging to	11677
administer the long-term care consultation program in a geographic	11678
region specified in the contract.	11679

(8) "Representative" means a person acting on behalf of an	11680
individual ~~seeking a long-term care consultation, applying for~~	11681
~~admission to a nursing facility, or residing in a nursing~~	11682
~~facility~~specified in division (G) of this section. A	11683
representative may be a family member, attorney, hospital social	11684
worker, or any other person chosen to act on behalf of the	11685
individual.	11686

(B) The department of aging shall develop a long-term care	11687
consultation program whereby individuals or their representatives	11688
are provided with long-term care consultations and receive through	11689
these professional consultations information about options	11690
available to meet long-term care needs and information about	11691
factors to consider in making long-term care decisions. The	11692
long-term care consultations provided under the program may be	11693
provided at any appropriate time, as permitted or required under	11694
this section and the rules adopted under it, including either	11695
prior to or after the individual who is the subject of a	11696
consultation has been admitted to a nursing facility or granted	11697
assistance in receiving home and community-based services covered	11698
by medicaid.	11699

(C)(1) The long-term care consultation program shall be	11700
administered by the department of aging, except that the	11701
department may ~~enter into a contract with an area agency on aging~~	11702
~~or other entity selected by the department under which the program~~	11703
~~for a particular area is administered by the area agency on aging~~	11704
~~or other entity pursuant to the contract~~have the program	11705
administered on a regional basis by one or more program	11706
administrators.	11707

(2) The department and each program administrator shall	11708
administer the program in such a manner that all of the following	11709
are included:	11710

(a) Coordination and collaboration with respect to all	11711
available funding sources for long-term care services;	11712

(b) Assessments of individuals regarding their long-term care	11713
service needs;	11714

(c) Assessments of individuals regarding their on-going	11715
eligibility for long-term care services;	11716

(d) Procedures for assisting individuals in obtaining access	11717
to, and coordination of, health and supportive services;	11718

(e) Procedures for monitoring the provision of health and	11719
long-term care services and supports, including the quality and	11720
cultural competence of the services and supports;	11721

(f) Priorities for using available resources efficiently and	11722
effectively.	11723

(D) The program's long-term care consultations ~~provided for~~	11724
~~purposes of the program~~ shall be provided by individuals	11725
certified by the department under section ~~173.43~~173.422 of the	11726
Revised Code.	11727

(E) The information provided through a long-term care	11728
consultation shall be appropriate to the individual's needs and	11729
situation and shall address all of the following:	11730

(1) The availability of any long-term care options open to	11731
the individual;	11732

(2) Sources and methods of both public and private payment	11733
for long-term care services;	11734

(3) Factors to consider when choosing among the available	11735
programs, services, and benefits;	11736

(4) Opportunities and methods for maximizing independence and	11737
self-reliance, including support services provided by the	11738
individual's family, friends, and community.	11739

(F) An individual's long-term care consultation may include	11740
an assessment of the individual's functional capabilities. The	11741
consultation may incorporate portions of the determinations	11742
required under sections 5111.202, 5119.061, and 5123.021 of the	11743
Revised Code and may be provided concurrently with the assessment	11744
required under section 5111.204 of the Revised Code.	11745

(G)(1) Unless an exemption specified in division (I) of this	11746
section is applicable, each ~~individual in~~of the following	11747
~~categories~~ shall be provided with a long-term care consultation:	11748

(a) ~~Individuals~~An individual who ~~apply~~applies or ~~indicate~~	11749
indicates an intention to apply for admission to a nursing	11750
facility, regardless of the source of payment to be used for	11751
~~their~~the individual's care in a nursing facility;	11752

(b) ~~Nursing facility residents who apply or indicate an~~	11753
~~intention to apply for medicaid;~~	11754

~~(c) Nursing facility residents who are likely to spend down~~	11755
~~their resources within six months after admission to a nursing~~	11756
~~facility to a level at which they are financially eligible for~~	11757
~~medicaid;~~	11758

~~(d) Individuals~~An individual who ~~request~~requests a	11759
long-term care consultation;	11760

(c) An individual identified by the department or a program	11761
administrator as being likely to benefit from a long-term care	11762
consultation.	11763

(2) In addition to the individuals ~~included in the categories~~	11764
specified in division (G)(1) of this section, a long-term care	11765
~~consultations~~consultation may be provided to a nursing facility	11766
~~residents who have not applied and have not indicated an~~	11767
~~intention to apply for medicaid~~resident regardless of the source	11768
of payment being used for the resident's care in the nursing	11769
facility. ~~The purpose of the consultations provided to these~~	11770
~~individuals shall be to determine continued need for nursing~~	11771
~~facility services, to provide information on alternative services,~~	11772
~~and to make referrals to alternative services.~~	11773

(H)(1) ~~When~~Except as provided in division (H)(2) or (3) of	11774
this section, a long-term care consultation ~~is required to be~~	11775
provided pursuant to division (G)~~(1)~~ of this section~~, the~~	11776
~~consultation~~ shall be provided as follows ~~or pursuant to division~~	11777
~~(H)(2) or (3) of this section~~:	11778

(a) If the individual for whom the consultation is being	11779
provided has applied for medicaid and the consultation is being	11780
provided concurrently with the assessment required under section	11781
5111.204 of the Revised Code, the consultation shall be completed	11782
in accordance with the applicable time frames specified in that	11783
section for providing a level of care determination based on the	11784
assessment.	11785

(b) In all other cases, the consultation shall be provided	11786
not later than five calendar days after the department or ~~the~~	11787
program administrator ~~under contract with the department~~ receives	11788
notice of the reason for which the consultation is ~~required~~ to be	11789
provided pursuant to division (G)~~(1)~~ of this section.	11790

(2) An individual or the individual's representative may	11791
request that a long-term care consultation be provided on a date	11792
that is later than the date required under division (H)(1)(a) or	11793
(b) of this section.	11794

(3) If a long-term care consultation cannot be completed	11795
within the number of days required by division (H)(1) or (2) of	11796
this section, the department or ~~the~~ program administrator ~~under~~	11797
~~contract with the department~~ may do any of the following:	11798

(a) ~~Exempt~~In the case of an individual specified in division	11799
(G)(1) of this section, exempt the individual from the	11800
consultation pursuant to rules that may be adopted under division	11801
(L) of this section;	11802

(b) In the case of an applicant for admission to a nursing	11803
facility, provide the consultation after the individual is	11804
admitted to the nursing facility;	11805

(c) In the case of a resident of a nursing facility, provide	11806
the consultation as soon as practicable.	11807

(I) An individual is not required to be provided a long-term	11808
care consultation under division (G)(1) of this section if any of	11809
the following apply:	11810

(1) The department or program administrator has attempted to	11811
provide the consultation, but the individual or the individual's	11812
representative ~~chooses to forego participation in the consultation~~	11813
~~pursuant to criteria specified in rules adopted under division (L)~~	11814
~~of this section~~refuses to cooperate;	11815

(2) The individual is to receive care in a nursing facility	11816
under a contract for continuing care as defined in section 173.13	11817
of the Revised Code;	11818

(3) The individual has a contractual right to admission to a	11819
nursing facility operated as part of a system of continuing care	11820
in conjunction with one or more facilities that provide a less	11821
intensive level of services, including a residential care facility	11822
licensed under Chapter 3721. of the Revised Code, an adult care	11823
facility licensed under Chapter 3722. of the Revised Code, or an	11824
independent living arrangement;	11825

(4) The individual is to receive continual care in a home for	11826
the aged exempt from taxation under section 5701.13 of the Revised	11827
Code;	11828

(5) The individual is seeking admission to a facility that is	11829
not a nursing facility with a provider agreement under section	11830
5111.22, 5111.671, or 5111.672 of the Revised Code;	11831

(6) ~~The individual is to be transferred from another nursing~~	11832
~~facility;~~	11833

~~(7) The individual is to be readmitted to a nursing facility~~	11834
~~following a period of hospitalization;~~	11835

~~(8)~~ The individual is exempted from the long-term care	11836
consultation requirement by the department or the program	11837
administrator pursuant to rules that may be adopted under division	11838
(L) of this section.	11839

(J) At the conclusion of an individual's long-term care	11840
consultation, the department or ~~the~~ program administrator ~~under~~	11841
~~contract with the department~~ shall ~~provide~~assist the individual	11842
or individual's representative ~~with a written summary of options~~	11843
~~and resources available to meet the individual's needs~~in	11844
accessing all sources of care and services that are appropriate	11845
for the individual and for which the individual is eligible,	11846
including all available sources of home and community-based	11847
services covered by medicaid. ~~Even though the summary may specify~~	11848
~~that a source of long-term care other than care in a nursing~~	11849
~~facility is appropriate and available, the individual is not~~	11850
~~required to seek an alternative source of long-term care and may~~	11851
~~be admitted to or continue to reside in a nursing facility~~The	11852
assistance shall include providing for the conduct of assessments	11853
or other evaluations and the development of individualized plans	11854
of care or services under section 173.424 of the Revised Code.	11855

(K) No nursing facility for which an operator has a provider	11856
agreement under section 5111.22, 5111.671, or 5111.672 of the	11857
Revised Code shall admit ~~or retain~~ any individual as a resident,	11858
unless the nursing facility has received evidence that a	11859
long-term care consultation has been completed for the individual	11860
or division (I) of this section is applicable to the individual.	11861

(L) The director of aging may adopt any rules the director	11862
considers necessary for the implementation and administration of	11863
this section. The rules shall be adopted in accordance with	11864
Chapter 119. of the Revised Code and may specify any or all of	11865
the following:	11866

(1) Procedures for providing long-term care consultations	11867
pursuant to this section;	11868

(2) Information to be provided through long-term care	11869
consultations regarding long-term care services that are	11870
available;	11871

(3) Criteria ~~under which an individual or the individual's~~	11872
~~representative may choose to forego participation in~~and	11873
procedures to be used to identify and recommend appropriate	11874
service options for an individual receiving a long-term care	11875
consultation;	11876

(4) Criteria for exempting individuals from the long-term	11877
care consultation requirement;	11878

(5) Circumstances under which it may be appropriate to	11879
provide an individual's long-term care consultation after the	11880
individual's admission to a nursing facility rather than before	11881
admission;	11882

(6) Criteria for identifying nursing facility residents who	11883
would benefit from the provision of a long-term care	11884
consultation;	11885

(7) A description of the types of information from a nursing	11886
facility that is needed under the long-term care consultation	11887
program to assist a resident with relocation from the facility;	11888

(8) Standards to prevent conflicts of interest relative to	11889
the referrals made by a person who performs a long-term care	11890
consultation, including standards that prohibit the person from	11891
being employed by a provider of long-term care services;	11892

(9) Procedures for providing notice and an opportunity for a	11893
hearing under division (N) of this section.	11894

(M) To assist the department and each program administrator	11895
with identifying individuals who are likely to benefit from a	11896
long-term care consultation, the department and program	11897
administrator may ask to be given access to nursing facility	11898
resident assessment data collected through the use of the resident	11899
assessment instrument specified in rules adopted under section	11900
5111.02 of the Revised Code for purposes of the medicaid program.	11901
Except when prohibited by state or federal law, the department of	11902
health, department of job and family services, or nursing facility	11903
holding the data shall grant access to the data on receipt of the	11904
request from the department of aging or program administrator.	11905

~~(M)~~(N)(1) The director of aging, after providing notice and	11906
an opportunity for a hearing, may fine a nursing facility an	11907
amount determined by rules the director shall adopt in accordance	11908
with Chapter 119. of the Revised Code iffor any of the following	11909
reasons:	11910

(a) The nursing facility admits ~~or retains~~ an individual,	11911
without evidence that a long-term care consultation has been	11912
provided, as required by this section;	11913

(b) The nursing facility denies a person attempting to	11914
provide a long-term care consultation access to the facility or a	11915
resident of the facility;	11916

(c) The nursing facility denies the department of aging or	11917
program administrator access to the facility or a resident of the	11918
facility, as the department or administrator considers necessary	11919
to administer the program.	11920

(2) In accordance with section 5111.62 of the Revised Code,	11921
all fines collected under ~~this~~ division (N)(1) of this section	11922
shall be deposited into the state treasury to the credit of the	11923
residents protection fund.	11924

Sec. 173.421. As part of the long-term care consultation	11925
program established under section 173.42 of the Revised Code, the	11926
department of aging may establish procedures for the conduct of	11927
periodic or follow-up long-term care consultations for residents	11928
of nursing facilities, including annual or more frequent	11929
reassessments of the residents' functional capabilities. If the	11930
procedures are established, the department or program	11931
administrator shall assign individuals to nursing facilities to	11932
serve as care managers within the facilities. The individuals	11933
assigned shall be individuals who are certified under section	11934
173.422 of the Revised Code to provide long-term care	11935
consultations.	11936

~~Sec. 173.43.~~ Sec. 173.422. The department of aging shall certify	11937
individuals who meet certification requirements established by	11938
rule to provide long-term care consultations for purposes of	11939
~~section~~sections 173.42 and 173.421 of the Revised Code. The	11940
director of aging shall adopt rules in accordance with Chapter	11941
119. of the Revised Code governing the certification process and	11942
requirements. The rules shall specify the education, experience,	11943
or training in long-term care a person must have to qualify for	11944
certification.	11945

Sec. 173.423. If an individual who is the subject of a	11946
long-term care consultation is eligible for and elects to receive	11947
home and community-based services covered by medicaid, the	11948
department of aging or program administrator shall monitor the	11949
individual by doing either or both of the following at least once	11950
each year:	11951

(A) Determining whether the services being provided to the	11952
individual are appropriate;	11953

(B) Determining whether changes in the types of services	11954
being provided to the individual should be made.	11955

Sec. 173.424. If, under federal law, an individual's	11956
eligibility for the home and community-based services covered by	11957
medicaid is dependent on the conduct of an assessment or other	11958
evaluation of the individual's needs and capabilities and the	11959
development of an individualized plan of care or services, the	11960
department shall develop and implement all procedures necessary to	11961
comply with the federal law. The procedures shall include the use	11962
of long-term care consultations.	11963

Sec. 173.425. Annually, the department of aging shall prepare	11964
a report regarding the individuals who are the subjects of	11965
long-term care consultations and elect to receive home and	11966
community-based services covered by medicaid. The department shall	11967
prepare the report in consultation with the department of job and	11968
family services and office of budget and management. Each annual	11969
report shall include all of the following information:	11970

(A) The total savings achieved by providing home and	11971
community-based services covered by medicaid rather than nursing	11972
facility services;	11973

(B) The average number of days that individuals receive home	11974
and community-based services covered by medicaid before receiving	11975
nursing facility services;	11976

(C) A categorical analysis of the acuity levels of the	11977
individuals who receive home and community-based services covered	11978
by medicaid;	11979

(D) Any other statistical information the department of aging	11980
considers appropriate for inclusion in the report.	11981

Sec. 173.43. (A) Subject to section 173.433 of the Revised	11982
Code, the department of aging shall enter into an interagency	11983
agreement with the department of job and family services under	11984
section 5111.91 of the Revised Code under which the department of	11985
aging is required to establish for each biennium a unified	11986
long-term care budget for department of aging-administered	11987
medicaid waiver components. The interagency agreement shall	11988
require the department of aging to do all of the following:	11989

(1) Administer the unified long-term care budget in	11990
accordance with sections 173.43 to 173.434 of the Revised Code and	11991
the general assembly's appropriations for department of	11992
aging-administered medicaid waiver components for the applicable	11993
biennium;	11994

(2) Contract with each area agency on aging for assistance in	11995
the administration of the unified long-term care budget;	11996

(3) Provide individuals who are eligible for a department of	11997
aging-administered medicaid waiver component a choice of services	11998
that meet the individuals' needs and improve their qualify of	11999
life;	12000

(4) Provide a continuum of services that meet the life-long	12001
needs of individuals who are eligible for a department of	12002
aging-administered medicaid waiver component.	12003

(B) The director of budget and management shall create new	12004
appropriation items as necessary for establishment of the unified	12005
long-term care budget.	12006

Sec. 173.431. Subject to section 173.433 of the Revised	12007
Code, the department of aging shall ensure that the unified	12008
long-term care budget established under section 173.43 of the	12009
Revised Code is administered in a manner that provides medicaid	12010
coverage of and expands access to both of the following:	12011

(A) All of the following medicaid waiver services:

12012

(1) Personal care services;

12013

(2) Home-delivered meals;

12014

(3) Adult day-care;

12015

(4) Homemaker services;

12016

(5) Emergency response services;

12017

(6) Medical equipment and supplies;

12018

(7) Chore services;

12019

(8) Social work counseling;

12020

(9) Nutritional counseling;

12021

(10) Independent living assistance;

12022

(11) Medical transportation;

12023

(12) Nonmedical transportation;

12024

(13) Home care attendant services;

12025

(14) Assisted living services;

12026

(15) Community transition services;

12027

(16) Enhanced living community services.

12028

(B) All of the following state medicaid plan services as	12029
specified in rules adopted under section 5111.02 of the Revised	12030
Code:	12031

(1) Home health services;

12032

(2) Private duty nursing services;

12033

(3) Durable medical equipment;

12034

(4) Services of a clinical nurse specialist;

12035

(5) Services of a certified nurse practitioner.

12036

Sec. 173.432. Subject to section 173.433 of the Revised Code,	12037
the department of aging or its designee shall provide care	12038
management and authorization services with regard to the state	12039
plan services specified in division (B) of section 173.431 of the	12040
Revised Code that are provided to participants of department of	12041
aging-administered medicaid waiver components.	12042

Sec. 173.433. (A) The director of job and family services	12043
shall do one or more of the following as necessary for the	12044
implementation of sections 173.43 to 173.432 of the Revised Code:	12045

(1) Submit one or more state medicaid plan amendments to the	12046
United States secretary of health and human services;	12047

(2) Request one or more federal medicaid waivers from the	12048
United States secretary;	12049

(3) Submit one or more federal medicaid waiver amendments to	12050
the United States secretary.	12051

(B) No provision of sections 173.43 to 173.432 of the Revised	12052
Code that requires the approval of the United States secretary of	12053
health and human services shall be implemented until the United	12054
States secretary provides the approval.	12055

Sec. 173.434. The director of job and family services shall	12056
adopt rules under section 5111.85 of the Revised Code to authorize	12057
the director of aging to adopt rules that are needed to implement	12058
sections 173.43 to 173.432 of the Revised Code. The director of	12059
aging's rules shall be adopted in accordance with Chapter 119. of	12060
the Revised Code.	12061

Sec. 173.50. (A) Pursuant to a contract entered into with the	12062
department of job and family services as an interagency agreement	12063
under section 5111.91 of the Revised Code, the department of aging	12064
shall carry out the day-to-day administration of the component of	12065
the medicaid program established under Chapter 5111. of the	12066
Revised Code known as the program of all-inclusive care for the	12067
elderly or PACE. The department of aging shall carry out its PACE	12068
administrative duties in accordance with the provisions of the	12069
interagency agreement and all applicable federal laws, including	12070
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4,	12071
as amended.	12072

(B) The department of aging may adopt rules in accordance	12073
with Chapter 119. of the Revised Code regarding the PACE program,	12074
including rules establishing priorities for enrolling in the	12075
program pursuant to section 173.501 of the Revised Code. The	12076
department's rules are subject to both of the following:	12077

(1) The rules shall be authorized by rules adopted by the	12078
department of job and family services.	12079

(2) The rules shall address only those issues that are not	12080
addressed in rules adopted by the department of job and family	12081
services for the PACE program.	12082

Sec. 173.501. (A) As used in this section:

12083

"Nursing facility" has the same meaning as in section 5111.20	12084
of the Revised Code.	12085

"PACE provider" has the same meaning as in 42 U.S.C.	12086
1396u-4(a)(3).	12087

(B) Each month, the department of aging shall determine	12088
whether individuals who are on a waiting list for the PACE program	12089
have been admitted to a nursing facility. If the department	12090
determines that such an individual has been admitted to a nursing	12091
facility, the department shall notify the PACE provider serving	12092
the area in which the individual resides about the determination.	12093
The PACE provider shall determine whether the PACE program is	12094
appropriate for the individual and whether the individual would	12095
rather participate in the PACE program than continue residing in	12096
the nursing facility. If the PACE provider determines that the	12097
PACE program is appropriate for the individual and the individual	12098
would rather participate in the PACE program than continue	12099
residing in the nursing facility, the PACE provider shall so	12100
notify the department of aging. On receipt of the notice from the	12101
PACE provider, the department of aging shall approve the	12102
individual's enrollment in the PACE program in accordance with	12103
priorities established in rules adopted under section 173.50 of	12104
the Revised Code. Each quarter, the department of aging shall	12105
certify to the director of budget and management the estimated	12106
increase in costs of the PACE program resulting from enrollment of	12107
individuals in the PACE program pursuant to this section.	12108

Sec. 173.70. (A) The director of aging may enter into a	12109
contract with any person under which the person operates a program	12110
for the provision of outpatient prescription drug discounts to any	12111
or all of the following:	12112

(1) Individuals who are sixty years of age or older;

12113

(2) Individuals whose family incomes do not exceed three	12114
hundred per cent of the federal poverty guidelines, as revised	12115
annually by the United States department of health and human	12116
services in accordance with section 673(2) of the "Omnibus Budget	12117
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	12118
amended;	12119

(3) Individuals who are persons with disabilities, as defined	12120
in section 173.06 of the Revised Code.	12121

(B) The director may disclose to the person under contract	12122
information that identifies the individuals who participated in	12123
and individuals who applied for participation in the Ohio's best	12124
Rx program that was operated under former sections 173.71 to	12125
173.91 of the Revised Code.	12126

Sec. 173.71. As used in sections 173.71 to 173.91 of the	12127
Revised Code:	12128

(A) "Children's health insurance program" means the	12129
children's health insurance program part I, part II, and part III	12130
established under sections 5101.50 ~~to 5101.529~~, 5101.51, and	12131
5101.52 of the Revised Code.	12132

(B) "Disability medical assistance program" means the program	12133
established under section 5115.10 of the Revised Code.	12134

(C) "Medicaid program" or "medicaid" means the medical	12135
assistance program established under Chapter 5111. of the Revised	12136
Code.	12137

(D) "National drug code number" means the number registered	12138
for a drug pursuant to the listing system established by the	12139
United States food and drug administration under the "Drug Listing	12140
Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.	12141

(E) "Ohio's best Rx program participant" or "participant"	12142
means an individual determined eligible for the Ohio's best Rx	12143
program and included under an Ohio's best Rx program enrollment	12144
card.	12145

(F) "Participating manufacturer" means a drug manufacturer	12146
participating in the Ohio's best Rx program pursuant to a	12147
manufacturer agreement entered into under section 173.81 of the	12148
Revised Code.	12149

(G) "Participating terminal distributor" means a terminal	12150
distributor of dangerous drugs participating in the Ohio's best Rx	12151
program pursuant to an agreement entered into under section 173.79	12152
of the Revised Code.	12153

(H) "Political subdivision" has the same meaning as in	12154
section 9.23 of the Revised Code.	12155

(I) "State agency" has the same meaning as in section 9.23 of	12156
the Revised Code.	12157

(J) "Terminal distributor of dangerous drugs" has the same	12158
meaning as in section 4729.01 of the Revised Code.	12159

(K) "Third-party payer" has the same meaning as in section	12160
3901.38 of the Revised Code.	12161

(L) "Trade secret" has the same meaning as in section 1333.61	12162
of the Revised Code.	12163

(M) "Usual and customary charge" means the amount a	12164
participating terminal distributor or the drug mail order system	12165
included in the Ohio's best Rx program pursuant to section 173.78	12166
of the Revised Code charges when a drug included in the program is	12167
purchased by an individual who does not receive a discounted price	12168
for the drug pursuant to any drug discount program, including the	12169
Ohio's best Rx program or a pharmacy assistance program	12170
established by any person or government entity, and for whom no	12171
third-party payer or program funded in whole or part with state or	12172
federal funds is responsible for all or part of the cost of the	12173
drug.	12174

Sec. 173.99. (A) A long-term care provider, person employed	12175
by a long-term care provider, other entity, or employee of such	12176
other entity that violates division (C) of section 173.24 of the	12177
Revised Code is subject to a fine not to exceed one thousand	12178
dollars for each violation.	12179

(B) Whoever violates division (C) of section 173.23 of the	12180
Revised Code is guilty of registering a false complaint, a	12181
misdemeanor of the first degree.	12182

(C) A long-term care provider, other entity, or person	12183
employed by a long-term care provider or other entity that	12184
violates division (E) of section 173.19 of the Revised Code by	12185
denying a representative of the office of the state long-term care	12186
ombudsperson program the access required by that division is	12187
subject to a fine not to exceed five hundred dollars for each	12188
violation.	12189

(D) Whoever violates division (C) of section 173.44 of the	12190
Revised Code is subject to a fine of one hundred dollars.	12191

~~(E) Whoever violates division (B) of section 173.90 of the~~	12192
~~Revised Code is guilty of a misdemeanor of the first degree.~~	12193

Sec. 174.02. (A) The low- and moderate-income housing trust	12194
fund is hereby created in the state treasury. The fund consists of	12195
all appropriations made to the fund, housing trust fund fees	12196
collected by county recorders pursuant to section 317.36 of the	12197
Revised Code and deposited into the fund pursuant to section	12198
319.63 of the Revised Code, and all grants, gifts, loan	12199
repayments, and contributions of money made from any source to the	12200
department of development for deposit in the fund. All investment	12201
earnings of the fund shall be credited to the fund. The director	12202
of development shall allocate a portion of the money in the fund	12203
to an account of the Ohio housing finance agency. The department	12204
shall administer the fund. The agency shall use money allocated to	12205
it for implementing and administering its programs and duties	12206
under sections 174.03 and 174.05 of the Revised Code, and the	12207
department shall use the remaining money in the fund for	12208
implementing and administering its programs and duties under	12209
sections 174.03 to 174.06 of the Revised Code. Use of all money	12210
drawn from the fund is subject to the following restrictions:	12211

(1) ~~Not more than six per cent of any current year~~	12212
~~appropriation authority for the fund shall be used for the~~	12213
~~transitional and permanent housing program to make grants to~~	12214
~~municipal corporations, counties, townships, and nonprofit~~	12215
~~organizations for the acquisition, rehabilitation, renovation,~~	12216
~~construction, conversion, operation, and cost of supportive~~	12217
~~services for new and existing transitional and permanent housing~~	12218
~~for homeless persons.~~	12219

~~(2)~~(a) Not more than five per cent of the current year	12220
appropriation authority for the fund shall be allocated between	12221
grants to community development corporations for the community	12222
development corporation grant program and grants and loans to the	12223
Ohio community development finance fund, a private nonprofit	12224
corporation.	12225

(b) In any year in which the amount in the fund exceeds one	12226
hundred thousand dollars and at least that much is allocated for	12227
the uses described in this section, not less than one hundred	12228
thousand dollars shall be used to provide training, technical	12229
assistance, and capacity building assistance to nonprofit	12230
development organizations.	12231

~~(3)~~(2) Not more than ~~seven~~ten per cent of any current year	12232
appropriation authority for the fund shall be used for the	12233
emergency shelter housing grants program to make grants to	12234
private, nonprofit organizations and municipal corporations,	12235
counties, and townships for emergency shelter housing for the	12236
homeless and emergency shelter facilities serving unaccompanied	12237
youth seventeen years of age and younger. The grants shall be	12238
distributed pursuant to rules the director adopts and qualify as	12239
matching funds for funds obtained pursuant to the McKinney Act,	12240
101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.	12241

~~(4)~~(3) In any fiscal year in which the amount in the fund	12242
exceeds the amount awarded pursuant to division (A)~~(2)~~(1)(b) of	12243
this section by at least two hundred fifty thousand dollars, at	12244
least two hundred fifty thousand dollars from the fund shall be	12245
provided to the department of aging for the resident services	12246
coordinator program as established in section 173.08 of the	12247
Revised Code.	12248

~~(5)~~(4) Of all current year appropriation authority for the	12249
fund, not more than five per cent shall be used for	12250
administration.	12251

~~(6)~~(5) Not less than forty-five per cent of the funds awarded	12252
during any one fiscal year shall be for grants and loans to	12253
nonprofit organizations under section 174.03 of the Revised Code.	12254

~~(7)~~(6) Not less than fifty per cent of the funds awarded	12255
during any one fiscal year, excluding the amounts awarded pursuant	12256
to divisions (A)(1),and (2)~~, and (3)~~ of this section, shall be	12257
for grants and loans for activities that provide housing and	12258
housing assistance to families and individuals in rural areas and	12259
small cities that are not eligible to participate as a	12260
participating jurisdiction under the "HOME Investment Partnerships	12261
Act," 104 Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	12262

~~(8) No money in the fund shall be used to pay for any legal~~	12263
~~services other than the usual and customary legal services~~	12264
~~associated with the acquisition of housing.~~	12265

~~(9)~~(7) Money in the fund may be used as matching money for	12266
federal funds received by the state, counties, municipal	12267
corporations, and townships for the activities listed in section	12268
174.03 of the Revised Code.	12269

(B) If, after the second quarter of any year, it appears to	12270
the director that the full amount of the money in the fund	12271
designated in that year for activities that provide housing and	12272
housing assistance to families and individuals in rural areas and	12273
small cities under division (A) of this section will not be used	12274
for that purpose, the director may reallocate all or a portion of	12275
that amount for other housing activities. In determining whether	12276
or how to reallocate money under this division, the director may	12277
consult with and shall receive advice from the housing trust fund	12278
advisory committee.	12279

Sec. 174.03. (A) The department of development and the Ohio	12280
housing finance agency shall each develop programs under which, in	12281
accordance with rules adopted under this section, they may make	12282
grants, loans, loan guarantees, and loan subsidies to counties,	12283
municipal corporations, townships, local housing authorities, and	12284
nonprofit organizations and may make loans, loan guarantees, and	12285
loan subsidies to private developers and private lenders to assist	12286
in activities that provide housing and housing assistance for	12287
specifically targeted low- and moderate-income families and	12288
individuals. There is no minimum housing project size for awards	12289
under this division for any project that is developed for a	12290
special needs population and that is supported by a social service	12291
agency where the housing project is located. Activities for which	12292
grants, loans, loan guarantees, and loan subsidies may be made	12293
under this section include all of the following:	12294

(1) Acquiring, financing, constructing, leasing,	12295
rehabilitating, remodeling, improving, and equipping publicly or	12296
privately owned housing;	12297

(2) Providing supportive services related to housing and the	12298
homeless, including housing counseling. Not more than twenty per	12299
cent of the current year appropriation authority for the low- and	12300
moderate-income housing trust fund that remains after the award of	12301
funds made pursuant to divisions (A)(1),and (A)(2)~~, and (A)(3)~~ of	12302
section 174.02 of the Revised Code, shall be awarded in any fiscal	12303
year for supportive services.	12304

(3) Providing rental assistance payments or other project	12305
operating subsidies that lower tenant rents;	12306

(4) Improving the quality of life of tenants by providing	12307
education for tenants and residents of manufactured home	12308
communities regarding their rights and responsibilities, planning	12309
and implementing activities designed to improve conflict	12310
resolution and the capacity of tenants to negotiate and mediate	12311
with landlords, and developing tenant and resident councils and	12312
organizations;	12313

(5) Promoting capacity building initiatives related to the	12314
creation of county housing trust funds.	12315

(B) ~~Activities listed under division (A) of this section may~~	12316
~~include emergency shelter care programs for unaccompanied youth~~	12317
~~seventeen years of age and younger.~~	12318

~~(C)~~ Grants, loans, loan guarantees, and loan subsidies may be	12319
made to counties, municipal corporations, townships, and nonprofit	12320
organizations for the additional purposes of providing technical	12321
assistance, design and finance services and consultation, and	12322
payment of pre-development and administrative costs related to any	12323
of the activities listed above.	12324

~~(D)~~(C) In developing programs under this section, the	12325
department and the agency shall invite, accept, and consider	12326
public comment, and recommendations from the housing trust fund	12327
advisory committee created under section 174.06 of the Revised	12328
Code, on how the programs should be designed to most effectively	12329
benefit low- and moderate-income families and individuals. The	12330
programs developed under this section shall respond collectively	12331
to housing and housing assistance needs of low- and	12332
moderate-income families and individuals statewide.	12333

~~(E)~~(D) The department and the agency, in accordance with	12334
Chapter 119. of the Revised Code, shall each adopt rules to	12335
administer programs developed under this section. The rules shall	12336
prescribe procedures and forms that counties, municipal	12337
corporations, townships, local housing authorities, and nonprofit	12338
organizations shall use in applying for grants, loans, loan	12339
guarantees, and loan subsidies and that private developers and	12340
private lenders shall use in applying for loans, loan guarantees,	12341
and loan subsidies; eligibility criteria for the receipt of funds;	12342
procedures for reviewing and granting or denying applications;	12343
procedures for paying out funds; conditions on the use of funds;	12344
procedures for monitoring the use of funds; and procedures under	12345
which a recipient shall be required to repay funds that are	12346
improperly used. The rules shall do both of the following:	12347

(1) Require each recipient of a grant or loan made from the	12348
low- and moderate-income housing trust fund for activities that	12349
provide, or assist in providing, a rental housing project, to	12350
reasonably ensure that the rental housing project will remain	12351
affordable to those families and individuals targeted for the	12352
rental housing project for the useful life of the rental housing	12353
project or for thirty years, whichever is longer;	12354

(2) Require each recipient of a grant or loan made from the	12355
low- and moderate-income housing trust fund for activities that	12356
provide, or assist in providing, a housing project to prepare and	12357
implement a plan to reasonably assist any families and individuals	12358
displaced by the housing project in obtaining decent affordable	12359
housing.	12360

~~(F)~~(E) In prescribing eligibility criteria and conditions for	12361
the use of funds, neither the department nor the agency is limited	12362
to the criteria and conditions specified in this section and each	12363
may prescribe additional eligibility criteria and conditions that	12364
relate to the purposes for which grants, loans, loan guarantees,	12365
and loan subsidies may be made. However, the department and agency	12366
are limited by the following specifically targeted low- and	12367
moderate-income guidelines:	12368

(1) Not less than seventy-five per cent of the money granted	12369
and loaned under this section in any fiscal year shall be for	12370
activities that provide affordable housing and housing assistance	12371
to families and individuals whose incomes are equal to or less	12372
than fifty per cent of the median income for the county in which	12373
they live, as determined by the department under section 174.04	12374
of the Revised Code.	12375

(2) Any money granted and loaned under this section in any	12376
fiscal year that is not granted or loaned pursuant to division	12377
(F)(1) of this section shall be for activities that provide	12378
affordable housing and housing assistance to families and	12379
individuals whose incomes are equal to or less than eighty per	12380
cent of the median income for the county in which they live, as	12381
determined by the department under section 174.04 of the Revised	12382
Code.	12383

~~(G)~~(F) In making grants, loans, loan guarantees, and loan	12384
subsidies under this section, the department and the agency shall	12385
give preference to viable projects and activities that benefit	12386
those families and individuals whose incomes are equal to or less	12387
than thirty-five per cent of the median income for the county in	12388
which they live, as determined by the department under section	12389
174.04 of the Revised Code.	12390

~~(H)~~(G) The department and the agency shall monitor the	12391
programs developed under this section to ensure that money	12392
granted and loaned under this section is not used in a manner	12393
that violates division (H) of section 4112.02 of the Revised	12394
Code or discriminates against families with children.	12395

Sec. 174.06. (A) There is hereby created the housing trust	12396
fund advisory committee. The committee consists of fourteen	12397
members the governor appoints as follows to represent	12398
organizations committed to housing and housing assistance for low-	12399
and moderate-income persons:	12400

(1) One member to represent lenders.

12401

(2) One member to represent for-profit builders and	12402
developers.	12403

(3) One member to represent the families and individuals	12404
included in the income groups targeted for housing and housing	12405
assistance under divisions (E) and (F) ~~and (G)~~ of section 174.03	12406
of the Revised Code.	12407

(4) One member to represent religious, civic, or social	12408
service organizations.	12409

(5) One member to represent counties.

12410

(6) One member to represent municipal corporations.

12411

(7) One member to represent townships.

12412

(8) One member to represent local housing authorities.

12413

(9) One member to represent fair housing organizations.

12414

(10) Three members to represent nonprofit organizations.

12415

(11) One member to represent real estate brokers licensed	12416
under Chapter 4735. of the Revised Code.	12417

(12) One member to represent the for-profit rental housing	12418
industry.	12419

(B)(1) Terms of office are for four years, with each term	12420
ending on the same day of the same month as did the term that it	12421
succeeds. Each member shall hold office from the date of	12422
appointment until the end of the term for which the member was	12423
appointed. Vacancies shall be filled in the manner prescribed for	12424
the original appointment. A member appointed to fill a vacancy	12425
occurring prior to the expiration of a term shall hold office for	12426
the remainder of that term. A member shall continue in office	12427
subsequent to the expiration of a term until a successor takes	12428
office or until a period of sixty days has elapsed, whichever	12429
occurs first.	12430

(2) The governor may remove a member for misfeasance,	12431
malfeasance, or willful neglect of duty.	12432

(C)(1) The committee shall select a chairperson from among	12433
its members. The committee shall meet at least once each calendar	12434
year and upon the call of the chair. Members of the committee	12435
serve without compensation, but shall be reimbursed for reasonable	12436
and necessary expenses incurred in the discharge of duties.	12437

(2) The department of development shall provide the committee	12438
with a meeting place, supplies, and staff assistance as the	12439
committee requests.	12440

(D) The committee shall assist the department and the Ohio	12441
housing finance agency in defining housing needs and priorities,	12442
recommend to the department and agency at least annually how the	12443
programs developed under section 174.02 of the Revised Code should	12444
be designed to most effectively benefit low- and moderate-income	12445
persons, consider an allocation of funds for projects of fifteen	12446
units or less, and advise the director of development on whether	12447
and how to reallocate money in the low- and moderate-income	12448
housing trust fund under division (B) of section 174.02 of the	12449
Revised Code.	12450

Sec. 176.05. (A)(1) Notwithstanding any provision of law to	12451
the contrary, the rate of wages payable for the various	12452
occupations covered by sections 4115.03 to 4115.16 of the Revised	12453
Code to persons employed on a project who are not any of the	12454
following shall be determined according to this section:	12455

(a) Qualified volunteers;

12456

(b) Persons required to participate in a work activity,	12457
developmental activity, or alternative work activity under	12458
sections 5107.40 to 5107.69 of the Revised Code except those	12459
engaged in paid employment or subsidized employment pursuant to	12460
the activity;	12461

(c) ~~Food stamp~~Supplemental nutrition assistance program	12462
benefit recipients required to participate in employment and	12463
training activities established by rules adopted under section	12464
5101.54 of the Revised Code.	12465

An association representing the general contractors or	12466
subcontractors that engage in the business of residential	12467
construction in a certain locality shall negotiate with the	12468
applicable building and construction trades council in that	12469
locality an agreement or understanding that sets forth the	12470
residential prevailing rate of wages, payable on projects in that	12471
locality, for each of the occupations employed on those projects.	12472

(2) Notwithstanding any residential prevailing rate of wages	12473
established prior to July 1, 1995, if, by October 1, 1995, the	12474
parties are unable to agree under division (A)(1) of this section	12475
as to the rate of wages payable for each occupation covered by	12476
sections 4115.03 to 4115.16 of the Revised Code, the director of	12477
commerce shall establish the rate of wages payable for each	12478
occupation.	12479

(3) The residential prevailing rate of wages established	12480
under division (A)(1) or (2) of this section shall not be equal to	12481
or greater than the prevailing rate of wages determined by the	12482
director pursuant to sections 4115.03 to 4115.16 of the Revised	12483
Code for any of the occupations covered by those sections.	12484

(B) Except for the prevailing rate of wages determined by the	12485
director pursuant to sections 4115.03 to 4115.16 of the Revised	12486
Code, those sections and section 4115.99 of the Revised Code apply	12487
to projects.	12488

(C) The residential prevailing rate of wages established	12489
under division (A) of this section is not payable to any	12490
individual or member of that individual's family who provides	12491
labor in exchange for acquisition of the property for	12492
homeownership or who provides labor in place of or as a supplement	12493
to any rental payments for the property.	12494

(D) For the purposes of this section:

12495

(1) "Project" means any construction, rehabilitation,	12496
remodeling, or improvement of residential housing, whether on a	12497
single or multiple site for which a person, as defined in section	12498
1.59 of the Revised Code, or municipal corporation, county, or	12499
township receives financing, that is financed in whole or in part	12500
from state moneys or pursuant to this chapter, section 133.51 or	12501
307.698 of the Revised Code, or Chapter 174. or 175. of the	12502
Revised Code, except for any of the following:	12503

(a) The single-family mortgage revenue bonds homeownership	12504
program under Chapter 175. of the Revised Code, including	12505
owner-occupied dwellings of one to four units;	12506

(b) Projects consisting of fewer than six units developed by	12507
any entity that is not a nonprofit organization exempt from	12508
federal income tax under section 501(c)(3) of the Internal Revenue	12509
Code;	12510

(c) Projects of fewer than twenty-five units developed by any	12511
nonprofit organization that is exempt from federal income tax	12512
under section 501(c)(3) of the Internal Revenue Code;	12513

(d) Programs undertaken by any municipal corporation, county,	12514
or township, including lease-purchase programs, using mortgage	12515
revenue bond financing;	12516

(e) Any individual project, that is sponsored or developed by	12517
a nonprofit organization that is exempt from federal income tax	12518
under section 501(c)(3) of the Internal Revenue Code, for which	12519
the federal government or any of its agencies furnishes by loan,	12520
grant, low-income housing tax credit, or insurance more than	12521
twelve per cent of the costs of the project. For purposes of	12522
division (D)(2)(e) of this section, the value of the low-income	12523
housing tax credits shall be calculated as the proceeds from the	12524
sale of the tax credits, less the costs of the sale.	12525

As used in division (D)(1)(e) of this section, "sponsored"	12526
means that a general partner of a limited partnership owning the	12527
project or a managing member of a limited liability company owning	12528
the project is either a nonprofit organization that is exempt from	12529
federal income tax under section 501(c)(3) of the Internal Revenue	12530
Code or a person, as defined in section 1.59 of the Revised Code,	12531
or a limited liability company in which such a nonprofit	12532
organization maintains controlling interest. For purposes of this	12533
division, a general partner of a limited partnership that is a	12534
nonprofit organization described under this division is not	12535
required to be the sole general partner in the limited	12536
partnership, and a managing member of a limited liability company	12537
that is a nonprofit organization described under this division is	12538
not required to be the sole managing member in the limited	12539
liability company.	12540

Nothing in division (D)(1)(e) of this section shall be	12541
construed as permitting unrelated projects to be combined for the	12542
sole purpose of determining the total percentage of project costs	12543
furnished by the federal government or any of its agencies.	12544

(2) A "project" is a "public improvement" and the state or a	12545
political subdivision that undertakes or participates in the	12546
financing of a project is a "public authority," as both of the	12547
last two terms are defined in section 4115.03 of the Revised Code.	12548

(3) "Qualified volunteers" are volunteers who are working	12549
without compensation for a nonprofit organization that is exempt	12550
from federal income tax under section 501(c)(3) of the Internal	12551
Revenue Code, and that is providing housing or housing assistance	12552
only to families and individuals in a county whose incomes are not	12553
greater than one hundred forty per cent of the median income of	12554
that county as determined under section 174.04 of the Revised	12555
Code.	12556

Sec. 307.626. (A) By the first day of April of each year,	12557
the person convening the child fatality review board shall prepare	12558
and submit to the Ohio department of health a report that ~~includes~~	12559
~~all of~~summarizes the following information with respect to ~~each~~	12560
the child ~~death~~deaths that ~~was~~were reviewed by the review board	12561
in the previous calendar year:	12562

(1) The cause of death;

12563

(2) Factors contributing to death;

12564

(3) Age;

12565

(4) Sex;

12566

(5) Race;

12567

(6) The geographic location of death;

12568

(7) The year of death.

12569

The report shall specify the number of child deaths that ~~have~~	12570
~~not been reviewed since the effective date of this section~~were	12571
not reviewed during the previous calendar year.	12572

The report may include recommendations for actions that might	12573
prevent other deaths, as well as any other information the review	12574
board determines should be included.	12575

(B) Reports prepared under division (A) of this section shall	12576
be considered public records under section 149.43 of the Revised	12577
Code.	12578

(C) The child fatality review board shall submit individual	12579
data with respect to each child death review into the Ohio	12580
department of health child death review database or the national	12581
child death review database. The individual data shall include the	12582
information specified in division (A) of this section and any	12583
other information the board considers relevant to the review.	12584
Individual data related to a child death review that is contained	12585
in the Ohio department of health child death review database is	12586
not a public record under section 149.43 of the Revised Code.	12587

Sec. 307.629. (A) Except as provided in sections 5153.171 to	12588
5153.173 of the Revised Code, any information, document, or report	12589
presented to a child fatality review board, all statements made by	12590
review board members during meetings of the review board, ~~and~~ all	12591
work products of the review board, and child fatality review data	12592
submitted by the child fatality review board to the department of	12593
health or a national child death review database, other than the	12594
report prepared pursuant to division (A) of section 307.626 of the	12595
Revised Code, are confidential and shall be used by the review	12596
board ~~and~~, its members, and the department of health only in the	12597
exercise of the proper functions of the review board and the	12598
department.	12599

(B) No person shall permit or encourage the unauthorized	12600
dissemination of the confidential information described in	12601
division (A) of this section.	12602

(C) Whoever violates division (B) of this section is guilty	12603
of a misdemeanor of the second degree.	12604

Sec. 307.79. (A) The board of county commissioners may	12605
adopt, amend, and rescind rules establishing technically feasible	12606
and economically reasonable standards to achieve a level of	12607
management and conservation practices that will abate wind or	12608
water erosion of the soil or abate the degradation of the waters	12609
of the state by soil sediment in conjunction with land grading,	12610
excavating, filling, or other soil disturbing activities on land	12611
used or being developed for nonfarm commercial, industrial,	12612
residential, or other nonfarm purposes, and establish criteria for	12613
determination of the acceptability of those management and	12614
conservation practices. The rules shall be designed to implement	12615
the applicable areawide waste treatment management plan prepared	12616
under section 208 of the "Federal Water Pollution Control Act," 86	12617
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	12618
phase II of the storm water program of the national pollutant	12619
discharge elimination system established in 40 C.F.R. Part 122.	12620
The rules to implement phase II of the storm water program of the	12621
national pollutant discharge elimination system shall not be	12622
inconsistent with, more stringent than, or broader in scope than	12623
the rules or regulations adopted by the environmental protection	12624
agency under 40 C.F.R. Part 122. The rules adopted under this	12625
section shall not apply inside the limits of municipal	12626
corporations or the limits of townships with a limited home rule	12627
government that have adopted rules under section 504.21 of the	12628
Revised Code, to lands being used in a strip mine operation as	12629
defined in section 1513.01 of the Revised Code, or to land being	12630
used in a surface mine operation as defined in section 1514.01 of	12631
the Revised Code.	12632

The rules adopted under this section may require persons to	12633
file plans governing erosion control, sediment control, and water	12634
management before clearing, grading, excavating, filling, or	12635
otherwise wholly or partially disturbing one or more contiguous	12636
acres of land owned by one person or operated as one development	12637
unit for the construction of nonfarm buildings, structures,	12638
utilities, recreational areas, or other similar nonfarm uses. If	12639
the rules require plans to be filed, the rules shall do all of the	12640
following:	12641

(1) Designate the board itself, its employees, or another	12642
agency or official to review and approve or disapprove the plans;	12643

(2) Establish procedures and criteria for the review and	12644
approval or disapproval of the plans;	12645

(3) Require the designated entity to issue a permit to a	12646
person for the clearing, grading, excavating, filling, or other	12647
project for which plans are approved and to deny a permit to a	12648
person whose plans have been disapproved;	12649

(4) Establish procedures for the issuance of the permits;

12650

(5) Establish procedures under which a person may appeal the	12651
denial of a permit.	12652

Areas of less than one contiguous acre shall not be exempt	12653
from compliance with other provisions of this section or rules	12654
adopted under this section. The rules adopted under this section	12655
may impose reasonable filing fees for plan review, permit	12656
processing, and field inspections.	12657

No permit or plan shall be required for a public highway,	12658
transportation, or drainage improvement or maintenance project	12659
undertaken by a government agency or political subdivision in	12660
accordance with a statement of its standard sediment control	12661
policies that is approved by the board or the chief of the	12662
division of soil and water ~~conservation~~resources in the	12663
department of natural resources.	12664

(B) Rules or amendments may be adopted under this section	12665
only after public hearings at not fewer than two regular sessions	12666
of the board. The board of county commissioners shall cause to be	12667
published, in a newspaper of general circulation in the county,	12668
notice of the public hearings, including time, date, and place,	12669
once a week for two weeks immediately preceding the hearings. The	12670
proposed rules or amendments shall be made available by the board	12671
to the public at the board office or other location indicated in	12672
the notice. The rules or amendments shall take effect on the	12673
thirty-first day following the date of their adoption.	12674

(C) The board of county commissioners may employ personnel to	12675
assist in the administration of this section and the rules adopted	12676
under it. The board also, if the action does not conflict with the	12677
rules, may delegate duties to review sediment control and water	12678
management plans to its employees, and may enter into agreements	12679
with one or more political subdivisions, other county officials,	12680
or other government agencies, in any combination, in order to	12681
obtain reviews and comments on plans governing erosion control,	12682
sediment control, and water management or to obtain other services	12683
for the administration of the rules adopted under this section.	12684

(D) The board of county commissioners or any duly authorized	12685
representative of the board may, upon identification to the owner	12686
or person in charge, enter any land upon obtaining agreement with	12687
the owner, tenant, or manager of the land in order to determine	12688
whether there is compliance with the rules adopted under this	12689
section. If the board or its duly authorized representative is	12690
unable to obtain such an agreement, the board or representative	12691
may apply for, and a judge of the court of common pleas for the	12692
county where the land is located may issue, an appropriate	12693
inspection warrant as necessary to achieve the purposes of this	12694
chapter.	12695

(E)(1) If the board of county commissioners or its duly	12696
authorized representative determines that a violation of the rules	12697
adopted under this section exists, the board or representative may	12698
issue an immediate stop work order if the violator failed to	12699
obtain any federal, state, or local permit necessary for sediment	12700
and erosion control, earth movement, clearing, or cut and fill	12701
activity. In addition, if the board or representative determines	12702
such a rule violation exists, regardless of whether or not the	12703
violator has obtained the proper permits, the board or	12704
representative may authorize the issuance of a notice of	12705
violation. If, after a period of not less than thirty days has	12706
elapsed following the issuance of the notice of violation, the	12707
violation continues, the board or its duly authorized	12708
representative shall issue a second notice of violation. Except as	12709
provided in division (E)(3) of this section, if, after a period of	12710
not less than fifteen days has elapsed following the issuance of	12711
the second notice of violation, the violation continues, the board	12712
or its duly authorized representative may issue a stop work order	12713
after first obtaining the written approval of the prosecuting	12714
attorney of the county if, in the opinion of the prosecuting	12715
attorney, the violation is egregious.	12716

Once a stop work order is issued, the board or its duly	12717
authorize representative shall request, in writing, the	12718
prosecuting attorney of the county to seek an injunction or other	12719
appropriate relief in the court of common pleas to abate excessive	12720
erosion or sedimentation and secure compliance with the rules	12721
adopted under this section. If the prosecuting attorney seeks an	12722
injunction or other appropriate relief, then, in granting relief,	12723
the court of common pleas may order the construction of sediment	12724
control improvements or implementation of other control measures	12725
and may assess a civil fine of not less than one hundred or more	12726
than five hundred dollars. Each day of violation of a rule or stop	12727
work order issued under this section shall be considered a	12728
separate violation subject to a civil fine.	12729

(2) The person to whom a stop work order is issued under this	12730
section may appeal the order to the court of common pleas of the	12731
county in which it was issued, seeking any equitable or other	12732
appropriate relief from that order.	12733

(3) No stop work order shall be issued under this section	12734
against any public highway, transportation, or drainage	12735
improvement or maintenance project undertaken by a government	12736
agency or political subdivision in accordance with a statement of	12737
its standard sediment control policies that is approved by the	12738
board or the chief of the division of soil and water ~~conservation~~	12739
resources in the department of natural resources.	12740

(F) No person shall violate any rule adopted or order issued	12741
under this section. Notwithstanding division (E) of this section,	12742
if the board of county commissioners determines that a violation	12743
of any rule adopted or administrative order issued under this	12744
section exists, the board may request, in writing, the prosecuting	12745
attorney of the county to seek an injunction or other appropriate	12746
relief in the court of common pleas to abate excessive erosion or	12747
sedimentation and secure compliance with the rules or order. In	12748
granting relief, the court of common pleas may order the	12749
construction of sediment control improvements or implementation of	12750
other control measures and may assess a civil fine of not less	12751
than one hundred or more than five hundred dollars. Each day of	12752
violation of a rule adopted or administrative order issued under	12753
this section shall be considered a separate violation subject to a	12754
civil fine.	12755

Sec. 311.32. (A) A sheriff or deputy sheriff who is trained	12756
in the same manner as uniformed employees of the motor carrier	12757
enforcement unit created under section 5503.34 of the Revised	12758
Code may, to the same extent as those employees, enforce	12759
compliance with any provision of Chapters 4919., 4921., and 4923.	12760
of the Revised Code or of a rule or order adopted or issued by the	12761
commission under those chapters regarding commercial motor	12762
vehicle transportation safety, economic, and hazardous materials	12763
requirements.	12764

(B)(1) A sheriff or deputy sheriff under division (A) of this	12765
section shall do both of the following:	12766

(a) Cooperate with the public utilities commission in	12767
carrying out that division and in enforcing any other applicable	12768
laws;	12769

(b) Comply with any rules adopted pursuant to section 4919.80	12770
of the Revised Code.	12771

(2) A uniformed sheriff or deputy sheriff under division (A)	12772
of this section may stop commercial motor vehicles for the	12773
purpose of inspecting those vehicles in carrying out that	12774
division.	12775

Sec. 319.301. (A) ~~This~~The reductions required by division	12776
(D) of this section ~~does~~do not apply to any of the following:	12777

(1) Taxes levied at whatever rate is required to produce a	12778
specified amount of tax money, including a tax levied under	12779
section 5705.199 or 5705.211 of the Revised Code, or an amount to	12780
pay debt charges;	12781

(2) Taxes levied within the one per cent limitation imposed	12782
by Section 2 of Article XII, Ohio Constitution;	12783

(3) Taxes provided for by the charter of a municipal	12784
corporation.	12785

(B) As used in this section:

12786

(1) "Real property" includes real property owned by a	12787
railroad.	12788

(2) "Carryover property" means all real property on the	12789
current year's tax list except:	12790

(a) Land and improvements that were not taxed by the district	12791
in both the preceding year and the current year;	12792

(b) Land and improvements that were not in the same class in	12793
both the preceding year and the current year.	12794

(3) "Effective tax rate" means with respect to each class of	12795
property:	12796

(a) The sum of the total taxes that would have been charged	12797
and payable for current expenses against real property in that	12798
class if each of the district's taxes were reduced for the current	12799
year under division (D)(1) of this section without regard to the	12800
application of division (E)(3) of this section divided by	12801

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

12802

(4) "Taxes charged and payable" means the taxes charged and	12803
payable prior to any reduction required by section 319.302 of the	12804
Revised Code.	12805

(C) The tax commissioner shall make the determinations	12806
required by this section each year, without regard to whether a	12807
taxing district has territory in a county to which section 5715.24	12808
of the Revised Code applies for that year. Separate determinations	12809
shall be made for each of the two classes established pursuant to	12810
section 5713.041 of the Revised Code.	12811

(D) With respect to each tax authorized to be levied by each	12812
taxing district, the tax commissioner, annually, shall do both of	12813
the following:	12814

(1) Determine by what percentage, if any, the sums levied by	12815
such tax against the carryover property in each class would have	12816
to be reduced for the tax to levy the same number of dollars	12817
against such property in that class in the current year as were	12818
charged against such property by such tax in the preceding year	12819
subsequent to the reduction made under this section but before the	12820
reduction made under section 319.302 of the Revised Code. In the	12821
case of a tax levied for the first time that is not a renewal of	12822
an existing tax, the commissioner shall determine by what	12823
percentage the sums that would otherwise be levied by such tax	12824
against carryover property in each class would have to be reduced	12825
to equal the amount that would have been levied if the full rate	12826
thereof had been imposed against the total taxable value of such	12827
property in the preceding tax year. A tax or portion of a tax that	12828
is designated a replacement levy under section 5705.192 of the	12829
Revised Code is not a renewal of an existing tax for purposes of	12830
this division.	12831

(2) Certify each percentage determined in division (D)(1) of	12832
this section, as adjusted under division (E) of this section, and	12833
the class of property to which that percentage applies to the	12834
auditor of each county in which the district has territory. The	12835
auditor, after complying with section 319.30 of the Revised Code,	12836
shall reduce the sum to be levied by such tax against each parcel	12837
of real property in the district by the percentage so certified	12838
for its class. Certification shall be made by the first day of	12839
September except in the case of a tax levied for the first time,	12840
in which case certification shall be made within fifteen days of	12841
the date the county auditor submits the information necessary to	12842
make the required determination.	12843

(E)(1) As used in division (E)(2) of this section, "pre-1982	12844
joint vocational taxes" means, with respect to a class of	12845
property, the difference between the following amounts:	12846

(a) The taxes charged and payable in tax year 1981 against	12847
the property in that class for the current expenses of the joint	12848
vocational school district of which the school district is a part	12849
after making all reductions under this section;	12850

(b) The following percentage of the taxable value of all real	12851
property in that class:	12852

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

12853

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

12854

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

12855

(iv) In 1990 and each subsequent year, two-tenths of one per	12856
cent.	12857

If the amount in division (E)(1)(b) of this section exceeds	12858
the amount in division (E)(1)(a) of this section, the pre-1982	12859
joint vocational taxes shall be zero.	12860

As used in divisions (E)(2) and (3) of this section, "taxes	12861
charged and payable" has the same meaning as in division (B)(4) of	12862
this section and excludes any tax charged and payable in 1985 or	12863
thereafter under sections 5705.194 to 5705.197 or section 5705.199	12864
or, 5705.213, or 5705.219 of the Revised Code.	12865

(2) If in the case of a school district other than a joint	12866
vocational or cooperative education school district any percentage	12867
required to be used in division (D)(2) of this section for either	12868
class of property could cause the total taxes charged and payable	12869
for current expenses to be less than two per cent of the taxable	12870
value of all real property in that class that is subject to	12871
taxation by the district, the commissioner shall determine what	12872
percentages would cause the district's total taxes charged and	12873
payable for current expenses against that class, after all	12874
reductions that would otherwise be made under this section, to	12875
equal, when combined with the pre-1982 joint vocational taxes	12876
against that class, the lesser of the following:	12877

(a) The sum of the rates at which those taxes are authorized	12878
to be levied;	12879

(b) Two per cent of the taxable value of the property in that	12880
class. The auditor shall use such percentages in making the	12881
reduction required by this section for that class.	12882

(3)(a) If in the case of a joint vocational school district	12883
any percentage required to be used in division (D)(2) of this	12884
section for either class of property could cause the total taxes	12885
charged and payable for current expenses for that class to be less	12886
than the designated amount, the commissioner shall determine what	12887
percentages would cause the district's total taxes charged and	12888
payable for current expenses for that class, after all reductions	12889
that would otherwise be made under this section, to equal the	12890
designated amount. The auditor shall use such percentages in	12891
making the reductions required by this section for that class.	12892

(b) As used in division (E)(3)(a) of this section, the	12893
designated amount shall equal the taxable value of all real	12894
property in the class that is subject to taxation by the district	12895
times the lesser of the following:	12896

(i) Two-tenths of one per cent;

12897

(ii) The district's effective rate plus the following	12898
percentage for the year indicated:	12899

WHEN COMPUTING THE	ADD THE FOLLOWING	12900
TAXES CHARGED FOR	PERCENTAGE:	12901
1987	0.025%	12902
1988	0.05%	12903
1989	0.075%	12904
1990	0.1%	12905
1991	0.125%	12906
1992	0.15%	12907
1993	0.175%	12908
1994 and thereafter	0.2%	12909

(F) No reduction shall be made under this section in the rate	12910
at which any tax is levied.	12911

(G) The commissioner may order a county auditor to furnish	12912
any information the commissioner needs to make the determinations	12913
required under division (D) or (E) of this section, and the	12914
auditor shall supply the information in the form and by the date	12915
specified in the order. If the auditor fails to comply with an	12916
order issued under this division, except for good cause as	12917
determined by the commissioner, the commissioner shall withhold	12918
from such county or taxing district therein fifty per cent of	12919
state revenues to local governments pursuant to section 5747.50 of	12920
the Revised Code or shall direct the department of education to	12921
withhold therefrom fifty per cent of state revenues to school	12922
districts pursuant to ~~Chapter~~Chapters 3306. and 3317. of the	12923
Revised Code. The commissioner shall withhold the distribution of	12924
such revenues until the county auditor has complied with this	12925
division, and the department shall withhold the distribution of	12926
such revenues until the commissioner has notified the department	12927
that the county auditor has complied with this division.	12928

(H) If the commissioner is unable to certify a tax reduction	12929
factor for either class of property in a taxing district located	12930
in more than one county by the last day of November because	12931
information required under division (G) of this section is	12932
unavailable, the commissioner may compute and certify an estimated	12933
tax reduction factor for that district for that class. The	12934
estimated factor shall be based upon an estimate of the	12935
unavailable information. Upon receipt of the actual information	12936
for a taxing district that received an estimated tax reduction	12937
factor, the commissioner shall compute the actual tax reduction	12938
factor and use that factor to compute the taxes that should have	12939
been charged and payable against each parcel of property for the	12940
year for which the estimated reduction factor was used. The amount	12941
by which the estimated factor resulted in an overpayment or	12942
underpayment in taxes on any parcel shall be added to or	12943
subtracted from the amount due on that parcel in the ensuing tax	12944
year.	12945

A percentage or a tax reduction factor determined or computed	12946
by the commissioner under this section shall be used solely for	12947
the purpose of reducing the sums to be levied by the tax to which	12948
it applies for the year for which it was determined or computed.	12949
It shall not be used in making any tax computations for any	12950
ensuing tax year.	12951

(I) In making the determinations under division (D)(1) of	12952
this section, the tax commissioner shall take account of changes	12953
in the taxable value of carryover property resulting from	12954
complaints filed under section 5715.19 of the Revised Code for	12955
determinations made for the tax year in which such changes are	12956
reported to the commissioner. Such changes shall be reported to	12957
the commissioner on the first abstract of real property filed with	12958
the commissioner under section 5715.23 of the Revised Code	12959
following the date on which the complaint is finally determined by	12960
the board of revision or by a court or other authority with	12961
jurisdiction on appeal. The tax commissioner shall account for	12962
such changes in making the determinations only for the tax year in	12963
which the change in valuation is reported. Such a valuation change	12964
shall not be used to recompute the percentages determined under	12965
division (D)(1) of this section for any prior tax year.	12966

Sec. 319.302. (A)(1) Real property that is not intended	12967
primarily for use in a business activity shall qualify for a	12968
partial exemption from real property taxation. For purposes of	12969
this partial exemption, "business activity" includes all uses of	12970
real property, except farming; leasing property for farming;	12971
occupying or holding property improved with single-family,	12972
two-family, or three-family dwellings; leasing property improved	12973
with single-family, two-family, or three-family dwellings; or	12974
holding vacant land that the county auditor determines will be	12975
used for farming or to develop single-family, two-family, or	12976
three-family dwellings. For purposes of this partial exemption,	12977
"farming" does not include land used for the commercial production	12978
of timber that is receiving the tax benefit under section 5713.23	12979
or 5713.31 of the Revised Code and all improvements connected with	12980
such commercial production of timber.	12981

(2) Each year, the county auditor shall review each parcel of	12982
real property to determine whether it qualifies for the partial	12983
exemption provided for by this section as of the first day of	12984
January of the current tax year.	12985

(B) After complying with section 319.301 of the Revised Code,	12986
the county auditor shall reduce the remaining sums to be levied	12987
against each parcel of real property that is listed on the general	12988
tax list and duplicate of real and public utility property for the	12989
current tax year and that qualifies for partial exemption under	12990
division (A) of this section, and against each manufactured and	12991
mobile home that is taxed pursuant to division (D)(2) of section	12992
4503.06 of the Revised Code and that is on the manufactured home	12993
tax list for the current tax year, by ten per cent, to provide a	12994
partial exemption for that parcel or home. Except as otherwise	12995
provided in sections 323.152, 323.158, 505.06, and 715.263 of the	12996
Revised Code, the amount of the taxes remaining after any such	12997
reduction shall be the real and public utility property taxes	12998
charged and payable on each parcel of real property, including	12999
property that does not qualify for partial exemption under	13000
division (A) of this section, and the manufactured home tax	13001
charged and payable on each manufactured or mobile home, and shall	13002
be the amounts certified to the county treasurer for collection.	13003
Upon receipt of the real and public utility property tax	13004
duplicate, the treasurer shall certify to the tax commissioner the	13005
total amount by which the real property taxes were reduced under	13006
this section, as shown on the duplicate. Such reduction shall not	13007
directly or indirectly affect the determination of the principal	13008
amount of notes that may be issued in anticipation of any tax	13009
levies or the amount of bonds or notes for any planned	13010
improvements. If after application of sections 5705.31 and 5705.32	13011
of the Revised Code and other applicable provisions of law,	13012
including divisions (F) and (I) of section 321.24 of the Revised	13013
Code, there would be insufficient funds for payment of debt	13014
charges on bonds or notes payable from taxes reduced by this	13015
section, the reduction of taxes provided for in this section shall	13016
be adjusted to the extent necessary to provide funds from such	13017
taxes.	13018

(C) The tax commissioner may adopt rules governing the	13019
administration of the partial exemption provided for by this	13020
section.	13021

(D) The determination of whether property qualifies for	13022
partial exemption under division (A) of this section is solely for	13023
the purpose of allowing the partial exemption under division (B)	13024
of this section.	13025

Sec. 319.54. (A) On all moneys collected by the county	13026
treasurer on any tax duplicate of the county, other than estate	13027
tax duplicates, and on all moneys received as advance payments of	13028
personal property and classified property taxes, the county	13029
auditor, on settlement with the treasurer and tax commissioner, on	13030
or before the date prescribed by law for such settlement or any	13031
lawful extension of such date, shall be allowed as compensation	13032
for the county auditor's services the following percentages:	13033

(1) On the first one hundred thousand dollars, two and	13034
one-half per cent;	13035

(2) On the next two million dollars, eight thousand three	13036
hundred eighteen ten-thousandths of one per cent;	13037

(3) On the next two million dollars, six thousand six hundred	13038
fifty-five ten-thousandths of one per cent;	13039

(4) On all further sums, one thousand six hundred sixty-three	13040
ten-thousandths of one per cent.	13041

If any settlement is not made on or before the date	13042
prescribed by law for such settlement or any lawful extension of	13043
such date, the aggregate compensation allowed to the auditor shall	13044
be reduced one per cent for each day such settlement is delayed	13045
after the prescribed date. No penalty shall apply if the auditor	13046
and treasurer grant all requests for advances up to ninety per	13047
cent of the settlement pursuant to section 321.34 of the Revised	13048
Code. The compensation allowed in accordance with this section on	13049
settlements made before the dates prescribed by law, or the	13050
reduced compensation allowed in accordance with this section on	13051
settlements made after the date prescribed by law or any lawful	13052
extension of such date, shall be apportioned ratably by the	13053
auditor and deducted from the shares or portions of the revenue	13054
payable to the state as well as to the county, townships,	13055
municipal corporations, and school districts.	13056

(B) For the purpose of reimbursing county auditors for the	13057
expenses associated with the increased number of applications for	13058
reductions in real property taxes under sections 323.152 and	13059
4503.065 of the Revised Code that ~~results~~result from the	13060
amendment of those sections by Am. Sub. H.B. 119 of the 127th	13061
general assembly, ~~on the first day of August of each year~~ there	13062
shall be paid from the state's general revenue fund to the county	13063
treasury, to the credit of the real estate assessment fund	13064
created by section 325.31 of the Revised Code, an amount equal to	13065
one per cent of the total annual amount of property tax relief	13066
reimbursement paid to that county under sections 323.156 and	13067
4503.068 of the Revised Code for the preceding tax year. Payments	13068
made under this division shall be made at the same times and in	13069
the same manner as payments made under section 323.156 of the	13070
Revised Code.	13071

(C) From all moneys collected by the county treasurer on any	13072
tax duplicate of the county, other than estate tax duplicates, and	13073
on all moneys received as advance payments of personal property	13074
and classified property taxes, there shall be paid into the county	13075
treasury to the credit of the real estate assessment fund created	13076
by section 325.31 of the Revised Code, an amount to be determined	13077
by the county auditor, which shall not exceed the percentages	13078
prescribed in divisions (C)(1) and (2) of this section.	13079

(1) For payments made after June 30, 2007, and before 2011,	13080
the following percentages:	13081

(a) On the first five hundred thousand dollars, four per	13082
cent;	13083

(b) On the next five million dollars, two per cent;

13084

13085

(d) On all further sums not exceeding one hundred fifty	13086
million dollars, three-quarters of one per cent;	13087

(e) On amounts exceeding one hundred fifty million dollars,	13088
five hundred eighty-five thousandths of one per cent.	13089

(2) For payments made in or after 2011, the following	13090
percentages:	13091

(a) On the first five hundred thousand dollars, four per	13092
cent;	13093

(b) On the next ten million dollars, two per cent;

13094

(c) On amounts exceeding ten million five hundred thousand	13095
dollars, three-fourths of one per cent.	13096

Such compensation shall be apportioned ratably by the auditor	13097
and deducted from the shares or portions of the revenue payable to	13098
the state as well as to the county, townships, municipal	13099
corporations, and school districts.	13100

(D) Each county auditor shall receive four per cent of the	13101
amount of tax collected and paid into the county treasury, on	13102
property omitted and placed by the county auditor on the tax	13103
duplicate.	13104

(E) On all estate tax moneys collected by the county	13105
treasurer, the county auditor, on settlement semiannually with the	13106
tax commissioner, shall be allowed, as compensation for the	13107
auditor's services under Chapter 5731. of the Revised Code, the	13108
following percentages:	13109

(1) Four per cent on the first one hundred thousand dollars;

13110

(2) One-half of one per cent on all additional sums.

13111

Such percentages shall be computed upon the amount collected	13112
and reported at each semiannual settlement, and shall be for the	13113
use of the general fund of the county.	13114

(F) On all cigarette license moneys collected by the county	13115
treasurer, the county auditor, on settlement semiannually with the	13116
treasurer, shall be allowed as compensation for the auditor's	13117
services in the issuing of such licenses one-half of one per cent	13118
of such moneys, to be apportioned ratably and deducted from the	13119
shares of the revenue payable to the county and subdivisions, for	13120
the use of the general fund of the county.	13121

(G) The county auditor shall charge and receive fees as	13122
follows:	13123

(1) For deeds of land sold for taxes to be paid by the	13124
purchaser, five dollars;	13125

(2) For the transfer or entry of land, lot, or part of lot,	13126
or the transfer or entry on or after January 1, 2000, of a used	13127
manufactured home or mobile home as defined in section 5739.0210	13128
of the Revised Code, fifty cents for each transfer or entry, to be	13129
paid by the person requiring it;	13130

(3) For receiving statements of value and administering	13131
section 319.202 of the Revised Code, one dollar, or ten cents for	13132
each one hundred dollars or fraction of one hundred dollars,	13133
whichever is greater, of the value of the real property	13134
transferred or, for sales occurring on or after January 1, 2000,	13135
the value of the used manufactured home or used mobile home, as	13136
defined in section 5739.0210 of the Revised Code, transferred,	13137
except no fee shall be charged when the transfer is made:	13138

(a) To or from the United States, this state, or any	13139
instrumentality, agency, or political subdivision of the United	13140
States or this state;	13141

(b) Solely in order to provide or release security for a debt	13142
or obligation;	13143

(c) To confirm or correct a deed previously executed and	13144
recorded or when a current owner on the general tax list of real	13145
and public utility property and the general duplicate of real and	13146
public utility property is a peace officer, parole officer,	13147
prosecuting attorney, assistant prosecuting attorney,	13148
correctional employee, youth services employee, firefighter, or	13149
EMT and is changing the current owner name listed on the general	13150
tax list of real and public utility property and the general	13151
duplicate of real and public utility property to the initials of	13152
the current owner as prescribed in division (B)(1) of section	13153
319.28 of the Revised Code;	13154

(d) To evidence a gift, in trust or otherwise and whether	13155
revocable or irrevocable, between husband and wife, or parent and	13156
child or the spouse of either;	13157

(e) On sale for delinquent taxes or assessments;

13158

(f) Pursuant to court order, to the extent that such transfer	13159
is not the result of a sale effected or completed pursuant to such	13160
order;	13161

(g) Pursuant to a reorganization of corporations or	13162
unincorporated associations or pursuant to the dissolution of a	13163
corporation, to the extent that the corporation conveys the	13164
property to a stockholder as a distribution in kind of the	13165
corporation's assets in exchange for the stockholder's shares in	13166
the dissolved corporation;	13167

(h) By a subsidiary corporation to its parent corporation for	13168
no consideration, nominal consideration, or in sole consideration	13169
of the cancellation or surrender of the subsidiary's stock;	13170

(i) By lease, whether or not it extends to mineral or mineral	13171
rights, unless the lease is for a term of years renewable forever;	13172

(j) When the value of the real property or the manufactured	13173
or mobile home or the value of the interest that is conveyed does	13174
not exceed one hundred dollars;	13175

(k) Of an occupied residential property, including a	13176
manufactured or mobile home, being transferred to the builder of a	13177
new residence or to the dealer of a new manufactured or mobile	13178
home when the former residence is traded as part of the	13179
consideration for the new residence or new manufactured or mobile	13180
home;	13181

(l) To a grantee other than a dealer in real property or in	13182
manufactured or mobile homes, solely for the purpose of, and as a	13183
step in, the prompt sale of the real property or manufactured or	13184
mobile home to others;	13185

(m) To or from a person when no money or other valuable and	13186
tangible consideration readily convertible into money is paid or	13187
to be paid for the real estate or manufactured or mobile home and	13188
the transaction is not a gift;	13189

(n) Pursuant to division (B) of section 317.22 of the Revised	13190
Code, or section 2113.61 of the Revised Code, between spouses or	13191
to a surviving spouse pursuant to section 5302.17 of the Revised	13192
Code as it existed prior to April 4, 1985, between persons	13193
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	13194
after April 4, 1985, to a person who is a surviving, survivorship	13195
tenant pursuant to section 5302.17 of the Revised Code on or after	13196
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	13197

(o) To a trustee acting on behalf of minor children of the	13198
deceased;	13199

(p) Of an easement or right-of-way when the value of the	13200
interest conveyed does not exceed one thousand dollars;	13201

(q) Of property sold to a surviving spouse pursuant to	13202
section 2106.16 of the Revised Code;	13203

(r) To or from an organization exempt from federal income	13204
taxation under section 501(c)(3) of the "Internal Revenue Code of	13205
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	13206
transfer is without consideration and is in furtherance of the	13207
charitable or public purposes of such organization;	13208

(s) Among the heirs at law or devisees, including a surviving	13209
spouse, of a common decedent, when no consideration in money is	13210
paid or to be paid for the real property or manufactured or mobile	13211
home;	13212

(t) To a trustee of a trust, when the grantor of the trust	13213
has reserved an unlimited power to revoke the trust;	13214

(u) To the grantor of a trust by a trustee of the trust, when	13215
the transfer is made to the grantor pursuant to the exercise of	13216
the grantor's power to revoke the trust or to withdraw trust	13217
assets;	13218

(v) To the beneficiaries of a trust if the fee was paid on	13219
the transfer from the grantor of the trust to the trustee or if	13220
the transfer is made pursuant to trust provisions which became	13221
irrevocable at the death of the grantor;	13222

(w) To a corporation for incorporation into a sports facility	13223
constructed pursuant to section 307.696 of the Revised Code;	13224

(x) Between persons pursuant to section 5302.18 of the	13225
Revised Code;	13226

(y) From a county land reutilization corporation organized	13227
under Chapter 1724. of the Revised Code to a third party.	13228

The auditor shall compute and collect the fee. The auditor	13229
shall maintain a numbered receipt system, as prescribed by the	13230
tax commissioner, and use such receipt system to provide a	13231
receipt to each person paying a fee. The auditor shall deposit	13232
the receipts of the fees on conveyances in the county treasury	13233
daily to the credit of the general fund of the county, except	13234
that fees charged and received under division (G)(3) of this	13235
section for a transfer of real property to a county land	13236
reutilization corporation shall be credited to the county land	13237
reutilization corporation fund established under section 321.263	13238
of the Revised Code.	13239

The real property transfer fee provided for in division	13240
(G)(3) of this section shall be applicable to any conveyance of	13241
real property presented to the auditor on or after January 1,	13242
1968, regardless of its time of execution or delivery.	13243

The transfer fee for a used manufactured home or used mobile	13244
home shall be computed by and paid to the county auditor of the	13245
county in which the home is located immediately prior to the	13246
transfer.	13247

Sec. 321.24. (A) On or before the fifteenth day of February,	13248
in each year, the county treasurer shall settle with the county	13249
auditor for all taxes and assessments that the treasurer has	13250
collected on the general duplicate of real and public utility	13251
property at the time of making the settlement.	13252

(B) On or before the thirtieth day of June, in each year, the	13253
treasurer shall settle with the auditor for all advance payments	13254
of general personal and classified property taxes that the	13255
treasurer has received at the time of making the settlement.	13256

(C) On or before the tenth day of August, in each year, the	13257
treasurer shall settle with the auditor for all taxes and	13258
assessments that the treasurer has collected on the general	13259
duplicates of real and public utility property at the time of	13260
making such settlement, not included in the preceding February	13261
settlement.	13262

(D) On or before the thirty-first day of October, in each	13263
year, the treasurer shall settle with the auditor for all taxes	13264
that the treasurer has collected on the general personal and	13265
classified property duplicates, and for all advance payments of	13266
general personal and classified property taxes, not included in	13267
the preceding June settlement, that the treasurer has received at	13268
the time of making such settlement.	13269

(E) In the event the time for the payment of taxes is	13270
extended, pursuant to section 323.17 of the Revised Code, the date	13271
on or before which settlement for the taxes so extended must be	13272
made, as herein prescribed, shall be deemed to be extended for a	13273
like period of time. At each such settlement, the auditor shall	13274
allow to the treasurer, on the moneys received or collected and	13275
accounted for by the treasurer, the treasurer's fees, at the rate	13276
or percentage allowed by law, at a full settlement of the	13277
treasurer.	13278

(F) Within thirty days after the day of each settlement of	13279
taxes required under divisions (A) and (C) of this section, the	13280
treasurer shall certify to the tax commissioner any adjustments	13281
that have been made to the amount certified previously pursuant to	13282
section 319.302 of the Revised Code and that the settlement has	13283
been completed. Upon receipt of such certification, the	13284
commissioner shall provide for payment to the county treasurer	13285
from the general revenue fund of an amount equal to one-half of	13286
the amount certified by the treasurer in the preceding tax year	13287
under section 319.302 of the Revised Code, less one-half of the	13288
amount computed for all taxing districts in that county for the	13289
current fiscal year under section 5703.80 of the Revised Code for	13290
crediting to the property tax administration fund. Such payment	13291
shall be credited upon receipt to the county's undivided income	13292
tax fund, and the county auditor shall transfer to the county	13293
general fund from the amount thereof the total amount of all fees	13294
and charges which the auditor and treasurer would have been	13295
authorized to receive had such section not been in effect and that	13296
amount had been levied and collected as taxes. The county auditor	13297
shall distribute the amount remaining among the various taxing	13298
districts in the county as if it had been levied, collected, and	13299
settled as real property taxes. The amount distributed to each	13300
taxing district shall be reduced by the total of the amounts	13301
computed for the district under section 5703.80 of the Revised	13302
Code, but the reduction shall not exceed the amount that otherwise	13303
would be distributed to the taxing district under this division.	13304
The tax commissioner shall make available to taxing districts such	13305
information as is sufficient for a taxing district to be able to	13306
determine the amount of the reduction in its distribution under	13307
this section.	13308

(G)(1) Within thirty days after the day of the settlement	13309
required in division (D) of this section, the county treasurer	13310
shall notify the tax commissioner that the settlement has been	13311
completed. Upon receipt of that notification, the commissioner	13312
shall provide for payment to the county treasurer from the general	13313
revenue fund of an amount equal to the amount certified under	13314
former section 319.311 of the Revised Code and paid in the state's	13315
fiscal year 2003 multiplied by the percentage specified in	13316
division (G)(2) of this section. The payment shall be credited	13317
upon receipt to the county's undivided income tax fund, and the	13318
county auditor shall distribute the amount thereof among the	13319
various taxing districts of the county as if it had been levied,	13320
collected, and settled as personal property taxes. The amount	13321
received by a taxing district under this division shall be	13322
apportioned among its funds in the same proportion as the current	13323
year's personal property taxes are apportioned.	13324

(2) Payments required under division (G)(1) of this section	13325
shall be made at the following percentages of the amount certified	13326
under former section 319.311 of the Revised Code and paid under	13327
division (G)(1) of this section in the state's fiscal year 2003:	13328

(a) In fiscal year 2004, ninety per cent;

13329

(b) In fiscal year 2005, eighty per cent;

13330

13331

(d) In fiscal year 2007, forty per cent;

13332

(e) In fiscal year 2008, thirty-two per cent;

13333

(f) In fiscal year 2009, sixteen per cent.

13334

After fiscal year 2009, no payments shall be made under	13335
division (G)(1) of this section.	13336

(H)(1) On or before the fifteenth day of April each year, the	13337
county treasurer shall settle with the county auditor for all	13338
manufactured home taxes that the county treasurer has collected on	13339
the manufactured home tax duplicate at the time of making the	13340
settlement.	13341

(2) On or before the fifteenth day of September each year,	13342
the county treasurer shall settle with the county auditor for all	13343
remaining manufactured home taxes that the county treasurer has	13344
collected on the manufactured home tax duplicate at the time of	13345
making the settlement.	13346

(3) If the time for payment of such taxes is extended under	13347
section 4503.06 of the Revised Code, the time for making the	13348
settlement as prescribed by divisions (H)(1) and (2) of this	13349
section is extended for a like period of time.	13350

(I) ~~Within thirty days after the day of each settlement of~~	13351
~~taxes required under division (H) of this section~~On or before the	13352
second Monday in September of each year, the county treasurer	13353
shall certify to the tax commissioner ~~any adjustments that have~~	13354
~~been made to the amount certified previously~~the total amount by	13355
which the manufactured home taxes levied in that year were reduced	13356
pursuant to section 319.302 of the Revised Code ~~and that the~~	13357
~~settlement has been completed. Upon~~. Within ninety days after the	13358
receipt of such certification, the commissioner shall provide for	13359
payment to the county treasurer from the general revenue fund of	13360
an amount equal to ~~one-half of~~ the amount certified by the	13361
treasurer ~~in the current tax year under section 319.302 of the~~	13362
~~Revised Code~~. Such payment shall be credited upon receipt to the	13363
county's undivided income tax fund, and the county auditor shall	13364
transfer to the county general fund from the amount thereof the	13365
total amount of all fees and charges that the auditor and	13366
treasurer would have been authorized to receive had such section	13367
not been in effect and that amount had been levied and collected	13368
as manufactured home taxes. The county auditor shall distribute	13369
the amount remaining among the various taxing districts in the	13370
county as if it had been levied, collected, and settled as	13371
manufactured home taxes.	13372

Sec. 323.156. (A) Within thirty days after a settlement of	13373
taxes under divisions (A),and (C)~~, and (H)~~ of section 321.24 of	13374
the Revised Code, the county treasurer shall certify to the tax	13375
commissioner one-half of the total amount of taxes on real	13376
property that were reduced pursuant to section 323.152 of the	13377
Revised Code for the preceding tax year~~, and one-half of the total~~	13378
~~amount of taxes on manufactured and mobile homes that were reduced~~	13379
~~pursuant to division (B) of section 323.152 of the Revised Code~~	13380
~~for the current tax year~~. The commissioner, within thirty days of	13381
the receipt of such certifications, shall provide for payment to	13382
the county treasurer, from the general revenue fund, of the amount	13383
certified, which shall be credited upon receipt to the county's	13384
undivided income tax fund, and an amount equal to two per cent of	13385
the amount by which taxes were reduced, which shall be credited	13386
upon receipt to the county general fund as a payment, in addition	13387
to the fees and charges authorized by sections 319.54 and 321.26	13388
of the Revised Code, to the county auditor and treasurer for the	13389
costs of administering the exemption provided under sections	13390
323.151 to 323.159 of the Revised Code.	13391

(B) On or before the second Monday in September of each year,	13392
the county treasurer shall certify to the tax commissioner the	13393
total amount by which the manufactured home taxes levied in that	13394
year were reduced pursuant to division (B) of section 323.152 of	13395
the Revised Code, as evidenced by the certificates of reduction	13396
and the tax duplicate certified to the county treasurer by the	13397
county auditor. The commissioner, within ninety days after the	13398
receipt of such certifications, shall provide for payment to the	13399
county treasurer, from the general revenue fund, of the amount	13400
certified, which shall be credited upon receipt to the county's	13401
undivided income tax fund, and an amount equal to two per cent of	13402
the amount by which taxes were reduced, which shall be credited	13403
upon receipt to the county general fund as a payment, in addition	13404
to the fees and charges authorized by sections 319.54 and 321.26	13405
of the Revised Code, to the county auditor and treasurer for the	13406
costs of administering the exemption provided under sections	13407
323.151 to 323.159 of the Revised Code.	13408

(C) Immediately upon receipt of funds into the county	13409
undivided income tax fund under this section, the auditor shall	13410
distribute the full amount thereof among the taxing districts in	13411
the county as though the total had been paid as taxes by each	13412
person for whom taxes were reduced under sections 323.151 to	13413
323.159 of the Revised Code.	13414

Sec. 329.042. ~~The~~Each county department of job and family	13415
services shall certify eligible public assistance and nonpublic	13416
assistance households ~~eligible under the "Food Stamp Act of 1964,"~~	13417
~~78 Stat. 703, 7 U.S.C.A. 2011, as amended, and~~for the	13418
supplemental nutrition assistance program in accordance with	13419
federal and state ~~regulations adopted pursuant to such act,~~law to	13420
enable low-income households to participate in the ~~food stamp~~	13421
supplemental nutrition assistance program and thereby to purchase	13422
foods having a greater monetary value than is possible under	13423
public assistance standard allowances or other low-income budgets.	13424

~~The~~Each county department of job and family services shall	13425
administer the distribution of ~~food stamp~~supplemental nutrition	13426
assistance program benefits under the supervision of the	13427
department of job and family services. The benefits shall be	13428
distributed by a method approved by the department of job and	13429
family services in accordance with the "Food ~~Stamp~~and Nutrition	13430
Act of ~~1964," 78 Stat. 703,~~2008 (7 U.S.C.A. 2011~~, as amended,~~et	13431
seq.) and regulations issued thereunder.	13432

~~The document referred to as the "authorization-to-participate~~	13433
~~card," which shows the face value of the benefits an eligible~~	13434
~~household is entitled to receive on presentment of the document,~~	13435
~~shall be issued, immediately upon certification, to a household~~	13436
~~determined under division (C) of section 5101.54 of the Revised~~	13437
~~Code to be in immediate need of food assistance by being~~	13438
~~personally handed by a member of the staff of the county~~	13439
~~department of job and family services to the member of the~~	13440
~~household in whose name application was made for participation in~~	13441
~~the program or the authorized representative of such member of the~~	13442
~~household.~~	13443

Sec. 329.06. (A) Except as provided in division (C) of this	13444
section and section 6301.08 of the Revised Code, the board of	13445
county commissioners shall establish a county family services	13446
planning committee. The board shall appoint a member to represent	13447
the county department of job and family services; an employee in	13448
the classified civil service of the county department of job and	13449
family services, if there are any such employees; and a member to	13450
represent the public. The board shall appoint other individuals to	13451
the committee in such a manner that the committee's membership is	13452
broadly representative of the groups of individuals and the public	13453
and private entities that have an interest in the family services	13454
provided in the county. The board shall make appointments in a	13455
manner that reflects the ethnic and racial composition of the	13456
county. The following groups and entities may be represented on	13457
the committee:	13458

(1) Consumers of family services;

13459

(2) The public children services agency;

13460

(3) The child support enforcement agency;

13461

(4) The county family and children first council;

13462

(5) Public and private colleges and universities;

13463

(6) Public entities that provide family services, including	13464
boards of health, boards of education, the county board of mental	13465
retardation and developmental disabilities, and the board of	13466
alcohol, drug addiction, and mental health services that serves	13467
the county;	13468

(7) Private nonprofit and for-profit entities that provide	13469
family services in the county or that advocate for consumers of	13470
family services in the county, including entities that provide	13471
services to or advocate for victims of domestic violence;	13472

(8) Labor organizations;

13473

(9) Any other group or entity that has an interest in the	13474
family services provided in the county, including groups or	13475
entities that represent any of the county's business, urban, and	13476
rural sectors.	13477

(B) The county family services planning committee shall do	13478
all of the following:	13479

(1) Serve as an advisory body to the board of county	13480
commissioners with regard to the family services provided in the	13481
county, including assistance under Chapters 5107. and 5108. of the	13482
Revised Code, publicly funded child care under Chapter 5104. of	13483
the Revised Code, and social services provided under section	13484
5101.46 of the Revised Code;	13485

(2) At least once a year, review and analyze the county	13486
department of job and family services' implementation of the	13487
programs established under Chapters 5107. and 5108. of the Revised	13488
Code. In its review, the committee shall use information available	13489
to it to examine all of the following:	13490

(a) Return of assistance groups to participation in either	13491
program after ceasing to participate;	13492

(b) Teen pregnancy rates among the programs' participants;

13493

(c) The other types of assistance the programs' participants	13494
receive, including ~~medical assistance~~medicaid under Chapter 5111.	13495
of the Revised Code, publicly funded child care under Chapter	13496
5104. of the Revised Code, ~~food stamp~~supplemental nutrition	13497
assistance program benefits under section 5101.54 of the Revised	13498
Code, and energy assistance under Chapter 5117. of the Revised	13499
Code;	13500

(d) Other issues the committee considers appropriate.

13501

The committee shall make recommendations to the board of	13502
county commissioners and county department of job and family	13503
services regarding the committee's findings.	13504

(3) Conduct public hearings on proposed county profiles for	13505
the provision of social services under section 5101.46 of the	13506
Revised Code;	13507

(4) At the request of the board, make recommendations and	13508
provide assistance regarding the family services provided in the	13509
county;	13510

(5) At any other time the committee considers appropriate,	13511
consult with the board and make recommendations regarding the	13512
family services provided in the county. The committee's	13513
recommendations may address the following:	13514

(a) Implementation and administration of family service	13515
programs;	13516

(b) Use of federal, state, and local funds available for	13517
family service programs;	13518

(c) Establishment of goals to be achieved by family service	13519
programs;	13520

(d) Evaluation of the outcomes of family service programs;

13521

(e) Any other matter the board considers relevant to the	13522
provision of family services.	13523

(C) If there is a committee in existence in a county on	13524
October 1, 1997, that the board of county commissioners determines	13525
is capable of fulfilling the responsibilities of a county family	13526
services planning committee, the board may designate the committee	13527
as the county's family services planning committee and the	13528
committee shall serve in that capacity.	13529

Sec. 340.033. (A) The board of alcohol, drug addiction, and	13530
mental health services shall serve as the planning agency for	13531
alcohol and drug addiction services for the county or counties in	13532
its service district. In accordance with procedures and guidelines	13533
established by the department of alcohol and drug addiction	13534
services, the board shall do all of the following:	13535

(1) Assess alcohol and drug addiction service needs and	13536
evaluate the need for alcohol and drug addiction programs;	13537

(2) According to the needs determined under division (A)(1)	13538
of this section, set priorities and develop plans for the	13539
operation of alcohol and drug addiction programs in cooperation	13540
with other local and regional planning and funding bodies and with	13541
relevant ethnic organizations;	13542

(3) Submit the plan for alcohol and drug addiction services	13543
required by section 3793.05 of the Revised Code to the department	13544
and implement the plan as approved by the department;	13545

(4) Provide to the department information to be included in	13546
the information system or systems established by the department	13547
under section 3793.04 of the Revised Code;	13548

(5) Enter into contracts with alcohol and drug addiction	13549
programs for the provision of alcohol and drug addiction services;	13550

(6) Review and evaluate alcohol and drug addiction programs	13551
in the district, and conduct program audits;	13552

(7) Prepare and submit to the department an annual report of	13553
the alcohol and drug addiction programs in the district;	13554

(8) Receive, compile, and transmit to the department	13555
applications for funding;	13556

(9) Promote, arrange, and implement working agreements with	13557
public and private social agencies and with judicial agencies;	13558

(10) Investigate, or request another agency to investigate,	13559
any complaint alleging abuse or neglect of any person receiving	13560
services from an alcohol or drug addiction program;	13561

(11) Establish a mechanism for the involvement of persons	13562
receiving services in, and obtaining their advice on, matters	13563
pertaining to alcohol or drug addiction services;	13564

(12) Recruit and promote local financial support, from	13565
private and public sources, for alcohol and drug addiction	13566
programs;	13567

(13) Approve fee schedules and related charges, adopt a unit	13568
cost schedule, or adopt other methods of payment for services	13569
provided by programs under contract pursuant to division (A)(5) of	13570
this section, in accordance with guidelines established by the	13571
department under section 3793.04 of the Revised Code.	13572

(B) In accordance with rules adopted by the auditor of state	13573
pursuant to section 117.20 of the Revised Code, at least annually	13574
the board shall audit all alcohol and drug addiction programs	13575
provided under contract with the board. The board may contract	13576
with private auditors for the performance of these audits. A copy	13577
of the fiscal audit report shall be provided to the director of	13578
alcohol and drug addiction services, the auditor of state, and the	13579
county auditor of each county in the board's district.	13580

(C) In contracting with a program under division (A)(5) of	13581
this section, a board shall consider the cost effectiveness of	13582
services provided by the program and the program's quality and	13583
continuity of care. The board may review cost elements, including	13584
salary costs, of the services provided by the program.	13585

A utilization review process shall be established as part of	13586
the contract for services. The board may establish this process in	13587
any way that it considers to be the most effective and efficient	13588
in meeting local needs.	13589

(D) If either the board or a program with which it contracts	13590
pursuant to division (A)(5) of this section proposes not to renew	13591
the contract or proposes substantial changes in contract terms on	13592
renewal of the contract, it shall give the other party to the	13593
contract written notice at least one hundred twenty days before	13594
the expiration date of the contract. During the first sixty days	13595
of this period, both parties shall attempt to resolve any dispute	13596
through good faith collaboration and negotiation in order that	13597
services to persons in need will be continued. If the dispute is	13598
not resolved during this time, either party may notify the	13599
department of alcohol and drug addiction services. The department	13600
may require both parties to submit the dispute to a mutually	13601
agreed upon third party with the cost to be shared by the board	13602
and the program. At least twenty days before the expiration of the	13603
contract, unless the board and the program agree to an extension,	13604
the third party shall issue to the board, program, and department,	13605
its recommendations for resolution of the dispute.	13606

The department shall adopt rules pursuant to Chapter 119. of	13607
the Revised Code establishing procedures for this dispute	13608
resolution process.	13609

(E) Section 307.86 of the Revised Code does not apply to	13610
contracts entered into pursuant to division (A)(5) of this	13611
section.	13612

(F)(1) With the prior approval of the department, a board of	13613
alcohol, drug addiction, and mental health services may operate an	13614
alcohol or drug addiction program as follows if there is no	13615
qualified program that is immediately available, willing to	13616
provide services, and able to obtain certification under Chapter	13617
3793. of the Revised Code:	13618

(a) In an emergency situation, any board may operate a	13619
program in order to provide essential services for the duration of	13620
the emergency;	13621

(b) In a service district with a population of at least one	13622
hundred thousand but less than five hundred thousand, a board may	13623
operate a program for no longer than one year;	13624

(c) In a service district with a population of less than one	13625
hundred thousand, a board may operate a program for no longer than	13626
one year, except that such a board may operate a program for	13627
longer than one year with the prior approval of the department and	13628
the prior approval of the board of county commissioners, or of a	13629
majority of the boards of county commissioners if the district is	13630
a joint-county district.	13631

(2) The department shall not give a board its approval to	13632
operate a program under division (F)(1)(c) of this section unless	13633
it determines that the board's program will provide greater	13634
administrative efficiency and more or better services than would	13635
be available if the board contracted with a program for provision	13636
of the services.	13637

(3) The department shall not give a board its approval to	13638
operate a program previously operated by a public or private	13639
entity unless the board has established to the department's	13640
satisfaction that the entity cannot effectively operate the	13641
program, or that the entity has requested the board to take over	13642
operation of the program.	13643

(4) The department shall review and evaluate the operation of	13644
each program operated by a board under this division.	13645

(5) Nothing in this division authorizes a board to administer	13646
or direct the daily operation of any program other than a program	13647
operated by the board under this division, but a program may	13648
contract with a board to receive administrative services or staff	13649
direction from the board under the direction of the governing body	13650
of the program.	13651

(G) If an investigation conducted pursuant to division	13652
(A)(10) of this section substantiates a charge of abuse or	13653
neglect, the board shall take whatever action it determines is	13654
necessary to correct the situation, including notification of the	13655
appropriate authorities. On request, the board shall provide	13656
information about such investigations to the department.	13657

(H) When the board sets priorities and develops plans for the	13658
operation of alcohol and drug addiction programs under division	13659
(A)(2) of this section, the board shall consult with the county	13660
commissioners of the counties in the board's service district	13661
regarding the services described in section 340.15 of the Revised	13662
Code and shall give a priority to those services, except that	13663
those services shall not have priority over services provided to	13664
pregnant women under programs developed in relation to the mandate	13665
established in section 3793.15 of the Revised Code. The plans	13666
shall identify funds the board and public children services	13667
agencies in the board's service district have available to fund	13668
jointly the services described in section 340.15 of the Revised	13669
Code.	13670

Sec. 343.01. (A) In order to comply with division (B) of	13671
section 3734.52 of the Revised Code, the board of county	13672
commissioners of each county shall do one of the following:	13673

(1) Establish, by resolution, and maintain a county solid	13674
waste management district under this chapter that consists of all	13675
the incorporated and unincorporated territory within the county	13676
except as otherwise provided in division (A) of this section;	13677

(2) With the boards of county commissioners of one or more	13678
other counties establish, by agreement, and maintain a joint solid	13679
waste management district under this chapter that consists of all	13680
the incorporated and unincorporated territory within the counties	13681
forming the joint district except as otherwise provided in	13682
division (A) of this section.	13683

If a municipal corporation is located in more than one solid	13684
waste management district, the entire municipal corporation shall	13685
be considered to be included in and shall be under the	13686
jurisdiction of the district in which a majority of the population	13687
of the municipal corporation resides.	13688

A county and joint district established to comply with	13689
division (B) of section 3734.52 of the Revised Code shall have a	13690
population of not less than one hundred twenty thousand unless, in	13691
the instance of a county district, the board of county	13692
commissioners has obtained an exemption from that requirement	13693
under division (C)(1) or (2) of that section. Each joint district	13694
established to comply with an order issued under division (D) of	13695
that section shall have a population of at least one hundred	13696
twenty thousand.	13697

(B) The boards of county commissioners of the counties	13698
establishing a joint district constitute, collectively, the board	13699
of directors of the joint district, except that if a county with a	13700
form of legislative authority other than a board of county	13701
commissioners participates, it shall be represented on the board	13702
of directors by three persons appointed by the legislative	13703
authority.	13704

The agreement to establish and maintain a joint district	13705
shall be ratified by resolution of the board of county	13706
commissioners of each participating county. Upon ratification, the	13707
board of directors shall take control of and manage the joint	13708
district subject to this chapter, except that, in the case of a	13709
joint district formed pursuant to division (C), (D), or (E) of	13710
section 343.012 of the Revised Code, the board of directors shall	13711
take control of and manage the district when the formation of the	13712
district becomes final under the applicable division. A majority	13713
of the board of directors constitutes a quorum, and a majority	13714
vote is required for the board to act.	13715

A county participating in a joint district may contribute	13716
lands or rights or interests therein, money, other personal	13717
property or rights or interests therein, or services to the	13718
district. The agreement shall specify any contributions of	13719
participating counties and the rights of the participating	13720
counties in lands or personal property, or rights or interests	13721
therein, contributed to or otherwise acquired by the joint	13722
district. The agreement may be amended or added to by a majority	13723
vote of the board of directors, but no amendment or addition shall	13724
divest a participating county of any right or interest in lands or	13725
personal property without its consent.	13726

The board of directors may appoint and fix the compensation	13727
of employees of, accept gifts, devises, and bequests for, and take	13728
other actions necessary to control and manage the joint district.	13729
Employees of the district shall be considered county employees for	13730
the purposes of Chapter 124. of the Revised Code and other	13731
provisions of state law applicable to employees. Instead of or in	13732
addition to appointing employees of the district, the board of	13733
directors may agree to use employees of one or more of the	13734
participating counties in the service of the joint district and to	13735
share in their compensation in any manner that may be agreed upon.	13736

The board of directors shall do one of the following:

13737

(1) Designate the county auditor, including any other	13738
official acting in a capacity similar to a county auditor under a	13739
county charter, of a county participating in the joint district as	13740
the fiscal officer of the district, and the county treasurer, or	13741
other official acting in a capacity similar to a county treasurer	13742
under a county charter, of that county as the treasurer of the	13743
district. The designated county officials shall perform any	13744
applicable duties for the district as each typically performs for	13745
the county of which hethe individual is an official, except as	13746
otherwise may be provided in any bylaws or resolutions adopted by	13747
the board of directors. The board of directors may pay to that	13748
county any amount agreed upon by the board of directors and the	13749
board of county commissioners of that county to reimburse that	13750
county for the cost properly allocable to the service of its	13751
officials as fiscal officer and treasurer of the joint district.	13752

(2) Appoint one individual who is neither a county auditor	13753
nor a county treasurer, and who may be an employee of the	13754
district, to serve as both the treasurer of the district and its	13755
fiscal officer. That individual shall act as custodian of the	13756
funds of the board and the district and shall maintain all	13757
accounts of the district. Any reference in this chapter or Chapter	13758
3734. of the Revised Code to a county auditor or county treasurer	13759
serving as fiscal officer of a district or custodian of any funds	13760
of a board or district is deemed to refer to an individual	13761
appointed under division (B)(2) of this section.	13762

The fiscal officer of a district shall establish a general	13763
fund and any other necessary funds for the district.	13764

(C) A board of county commissioners of a county district or	13765
board of directors of a joint district may acquire, by purchase or	13766
lease, construct, improve, enlarge, replace, maintain, and operate	13767
such solid waste collection systems within their respective	13768
districts and such solid waste facilities within or outside their	13769
respective districts as are necessary for the protection of the	13770
public health. A board of county commissioners may acquire within	13771
its county real property or any estate, interest, or right	13772
therein, by appropriation or any other method, for use by a county	13773
or joint district in connection with such facilities.	13774
Appropriation proceedings shall be conducted in accordance with	13775
sections 163.01 to 163.22 of the Revised Code.	13776

(D) The sanitary engineer or sanitary engineering department	13777
of a county maintaining a district and any sanitary engineer or	13778
sanitary engineering department of a county in a joint district,	13779
as determined by the board of directors, in addition to other	13780
duties assigned to that engineer or department, shall assist the	13781
board of county commissioners or directors in the performance of	13782
their duties under this chapter and sections 3734.52 to 3734.575	13783
of the Revised Code and shall be charged with any other duties and	13784
services in relation thereto that the board prescribes. A board	13785
may employ registered professional engineers to assist the	13786
sanitary engineer in those duties and also may employ financial	13787
advisers and any other professional services it considers	13788
necessary to assist it in the construction, financing, and	13789
maintenance of solid waste collection or other solid waste	13790
facilities. Such contracts of employment shall not require the	13791
certificate provided in section 5705.41 of the Revised Code.	13792
Payment for such services may be made from the general fund or any	13793
other fund legally available for that use at times that are agreed	13794
upon or as determined by the board of county commissioners or	13795
directors, and the funds may be reimbursed from the proceeds of	13796
bonds or notes issued to pay the cost of any improvement to which	13797
the services related.	13798

(E)(1) The prosecuting attorney of the county shall serve as	13799
the legal advisor of a county district and shall provide such	13800
services to the board of county commissioners of the district as	13801
are required or authorized to be provided to other county boards	13802
under Chapter 309. of the Revised Code, except that, if the board	13803
considers it to be necessary or appropriate, the board, on its own	13804
initiative, may employ an attorney or other legal counsel on an	13805
annual basis to serve as the legal advisor of the district in	13806
place of the prosecuting attorney. When the prosecuting attorney	13807
is serving as the district's legal advisor and the board considers	13808
it to be necessary or appropriate, the board, on its own	13809
initiative, may employ an attorney or other legal counsel to	13810
represent or advise the board regarding a particular matter in	13811
place of the prosecuting attorney. The employment of an attorney	13812
or other legal counsel on an annual basis or in a particular	13813
matter is not subject to or governed by sections 305.14 and 309.09	13814
of the Revised Code.	13815

Notwithstanding the employment of an attorney or other legal	13816
counsel on an annual basis to serve as the district's legal	13817
advisor, the board may require written opinions or instructions	13818
from the prosecuting attorney under section 309.09 of the Revised	13819
Code in matters connected with its official duties as though the	13820
prosecuting attorney were serving as the legal advisor of the	13821
district.	13822

(2) The board of directors of a joint district may designate	13823
the prosecuting attorney of one of the counties forming the	13824
district to serve as the legal advisor of the district. When so	13825
designated, the prosecuting attorney shall provide such services	13826
to the joint district as are required or authorized to be provided	13827
to county boards under Chapter 309. of the Revised Code. The board	13828
of directors may pay to that county any amount agreed upon by the	13829
board of directors and the board of county commissioners of that	13830
county to reimburse that county for the cost properly allocable to	13831
the services of its prosecuting attorney as the legal advisor of	13832
the joint district. When that prosecuting attorney is so serving	13833
and the board considers it to be necessary or appropriate, the	13834
board, on its own initiative, may employ an attorney or other	13835
legal counsel to represent or advise the board regarding a	13836
particular matter in place of the prosecuting attorney.	13837

Instead of designating the prosecuting attorney of one of the	13838
counties forming the district to be the legal advisor of the	13839
district, the board of directors may employ on an annual basis an	13840
attorney or other legal counsel to serve as the district's legal	13841
advisor. Notwithstanding the employment of an attorney or other	13842
legal counsel as the district's legal advisor, the board of	13843
directors may require written opinions or instructions from the	13844
prosecuting attorney of any of the counties forming the district	13845
in matters connected with the board's official duties, and the	13846
prosecuting attorney shall provide the written opinion or	13847
instructions as though hethe prosecuting attorney had been	13848
designated to serve as the district's legal advisor under division	13849
(E)(2) of this section.	13850

(F) A board of county commissioners may issue bonds or bond	13851
anticipation notes of the county to pay the cost of preparing	13852
general and detailed plans and other data required for the	13853
construction of solid waste facilities in connection with a county	13854
or joint district. A board of directors of a joint solid waste	13855
management district may issue bonds or bond anticipation notes of	13856
the joint solid waste management district to pay the cost of	13857
preparing general and detailed plans and other data required for	13858
the construction of solid waste facilities in connection with a	13859
joint district. The bonds and notes shall be issued in accordance	13860
with Chapter 133. of the Revised Code, except that the maximum	13861
maturity of bonds issued for that purpose shall not exceed ten	13862
years. Bond anticipation notes may be paid from the proceeds of	13863
bonds issued either to pay the cost of the solid waste facilities	13864
or to pay the cost of the plans and other data.	13865

(G) To the extent authorized by the solid waste management	13866
plan of the district approved under section 3734.521 or 3734.55 of	13867
the Revised Code or subsequent amended plans of the district	13868
approved under section 3734.521 or 3734.56 of the Revised Code,	13869
the board of county commissioners of a county district or board of	13870
directors of a joint district may adopt, publish, and enforce	13871
rules doing any of the following:	13872

(1) Prohibiting or limiting the receipt of solid wastes	13873
generated outside the district or outside a service area	13874
prescribed in the solid waste management plan or amended plan, at	13875
facilities ~~covered by the plan~~located within the solid waste	13876
management district, consistent with the projections contained in	13877
the plan or amended plan under divisions (A)(6) and (7) of section	13878
3734.53 of the Revised Code~~, except that~~. However, rules adopted	13879
by a board under division (G)(1) of this section may be adopted	13880
and enforced with respect to facilities in the solid waste	13881
management district that are not owned by a county or the solid	13882
waste management district only if the board submits an application	13883
to the director of environmental protection that demonstrates that	13884
there is insufficient capacity to dispose of all solid wastes that	13885
are generated within the district at the facilities located within	13886
the district and the director approves the application. The	13887
demonstration in the application shall be based on projections	13888
contained in the plan or amended plan of the district. The	13889
director shall establish the form of the application. The approval	13890
or disapproval of such an application by the director is an action	13891
that is appealable under section 3745.04 of the Revised Code.	13892

In addition, the director of environmental protection may	13893
issue an order modifying a rule adopted under division (G)(1) of	13894
this section to allow the disposal in the district of solid wastes	13895
from another county or joint solid waste management district if	13896
all of the following apply:	13897

(a) The district in which the wastes were generated does not	13898
have sufficient capacity to dispose of solid wastes generated	13899
within it for six months following the date of the director's	13900
order;	13901

(b) No new solid waste facilities will begin operation during	13902
those six months in the district in which the wastes were	13903
generated and, despite good faith efforts to do so, it is	13904
impossible to site new solid waste facilities within the district	13905
because of its high population density;	13906

(c) The district in which the wastes were generated has made	13907
good faith efforts to negotiate with other districts to	13908
incorporate its disposal needs within those districts' solid waste	13909
management plans, including efforts to develop joint facilities	13910
authorized under section 343.02 of the Revised Code, and the	13911
efforts have been unsuccessful;	13912

(d) The district in which the wastes were generated has	13913
located a facility willing to accept the district's solid wastes	13914
for disposal within the receiving district;	13915

(e) The district in which the wastes were generated has	13916
demonstrated to the director that the conditions specified in	13917
divisions (G)(1)(a) to (d) of this section have been met;	13918

(f) The director finds that the issuance of the order will be	13919
consistent with the state solid waste management plan and that	13920
receipt of the out-of-district wastes will not limit the capacity	13921
of the receiving district to dispose of its in-district wastes to	13922
less than eight years.	13923

Any order issued under division (G)(1) of this section shall	13924
not become final until thirty days after it has been served by	13925
certified mail upon the county or joint solid waste management	13926
district that will receive the out-of-district wastes.	13927

(2) Governing the maintenance, protection, and use of solid	13928
waste collection or other solid waste facilities located within	13929
its district. The rules adopted under division (G)(2) of this	13930
section shall not establish design standards for solid waste	13931
facilities and shall be consistent with the solid waste provisions	13932
of Chapter 3734. of the Revised Code and the rules adopted under	13933
those provisions. The rules adopted under division (G)(2) of this	13934
section may prohibit any person, municipal corporation, township,	13935
or other political subdivision from constructing, enlarging, or	13936
modifying any solid waste facility until general plans and	13937
specifications for the proposed improvement have been submitted to	13938
and approved by the board of county commissioners or board of	13939
directors as complying with the solid waste management plan or	13940
amended plan of the district. The construction of such a facility	13941
shall be done under the supervision of the county sanitary	13942
engineer or, in the case of a joint district, a county sanitary	13943
engineer designated by the board of directors, and any person,	13944
municipal corporation, township, or other political subdivision	13945
proposing or constructing such improvements shall pay to the	13946
county or joint district all expenses incurred by the board in	13947
connection therewith. The sanitary engineer may enter upon any	13948
public or private property for the purpose of making surveys or	13949
examinations necessary for designing solid waste facilities or for	13950
supervising the construction, enlargement, modification, or	13951
operation of any such facilities. No person, municipal	13952
corporation, township, or other political subdivision shall forbid	13953
or interfere with the sanitary engineer or ~~his~~the sanitary	13954
engineer's authorized assistants entering upon such property for	13955
that purpose. If actual damage is done to property by the making	13956
of the surveys and examinations, a board shall pay the reasonable	13957
value of that damage to the owner of the property damaged, and the	13958
cost shall be included in the financing of the improvement for	13959
which the surveys and examinations are made.	13960

(3) Governing the development and implementation of a program	13961
for the inspection of solid wastes generated outside the	13962
boundaries of this state that are disposed of at solid waste	13963
facilities included in the district's solid waste management plan	13964
or amended plan. A board of county commissioners or board of	13965
directors or its authorized representative may enter upon the	13966
premises of any solid waste facility included in the district's	13967
solid waste management plan or amended plan for the purpose of	13968
conducting the inspections required or authorized by the rules	13969
adopted under division (G)(3) of this section. No person,	13970
municipal corporation, township, or other political subdivision	13971
shall forbid or interfere with a board of county commissioners or	13972
directors or its authorized representative entering upon the	13973
premises of any such solid waste facility for that purpose.	13974

(4) Exempting the owner or operator of any existing or	13975
proposed solid waste facility provided for in the plan or amended	13976
plan from compliance with any amendment to a township zoning	13977
resolution adopted under section 519.12 of the Revised Code or to	13978
a county rural zoning resolution adopted under section 303.12 of	13979
the Revised Code that rezoned or redistricted the parcel or	13980
parcels upon which the facility is to be constructed or modified	13981
and that became effective within two years prior to the filing of	13982
an application for a permit required under division (A)(2)(a) of	13983
section 3734.05 of the Revised Code to open a new or modify an	13984
existing solid waste facility.	13985

(H) A board of county commissioners or board of directors may	13986
enter into a contract with any person, municipal corporation,	13987
township, or other political subdivision for the operation and	13988
maintenance of any solid waste facilities regardless of whether	13989
the facilities are owned or leased by the county or joint district	13990
or the contractor.	13991

(I)(1) No person, municipal corporation, township, or other	13992
political subdivision shall tamper with or damage any solid waste	13993
facility constructed under this chapter or any apparatus or	13994
accessory connected therewith or pertaining thereto, fail or	13995
refuse to comply with the applicable rules adopted by a board of	13996
county commissioners or directors under division (G)(1), (2), (3),	13997
or (4) of this section, refuse to permit an inspection or	13998
examination by a sanitary engineer as authorized under division	13999
(G)(2) of this section, or refuse to permit an inspection by a	14000
board of county commissioners or directors or its authorized	14001
representative as required or authorized by rules adopted under	14002
division (G)(3) of this section.	14003

(2) If the board of county commissioners of a county district	14004
or board of directors of a joint district has established facility	14005
designations under section 343.013, 343.014, or 343.015 of the	14006
Revised Code, or the director has established facility	14007
designations in the initial or amended plan of the district	14008
prepared and ordered to be implemented under section 3734.521,	14009
3734.55, or 3734.56 of the Revised Code, no person, municipal	14010
corporation, township, or other political subdivision shall	14011
deliver, or cause the delivery of, any solid wastes generated	14012
within a county or joint district to any solid waste facility	14013
other than the facility designated under section 343.013, 343.014,	14014
or 343.015 of the Revised Code, or in the initial or amended plan	14015
of the district prepared and ordered to be implemented under	14016
section 3734.521, 3734.55, or 3734.56 of the Revised Code, as	14017
applicable. Upon the request of a person or the legislative	14018
authority of a municipal corporation or township, the board of	14019
county commissioners of a county district or board of directors of	14020
a joint district may grant a waiver authorizing the delivery of	14021
all or any portion of the solid wastes generated in a municipal	14022
corporation or township to a solid waste facility other than the	14023
facility designated under section 343.013, 343.014, or 343.015 of	14024
the Revised Code, or in the initial or amended plan of the	14025
district prepared and ordered to be implemented under section	14026
3734.521, 3734.55, or 3734.56 of the Revised Code, as applicable,	14027
regardless of whether the other facility is located within or	14028
outside of the district, if the board finds that delivery of those	14029
solid wastes to the other facility is not inconsistent with the	14030
projections contained in the district's initial or amended plan	14031
under divisions (A)(6) and (7) of section 3734.53 of the Revised	14032
Code as approved or ordered to be implemented and will not	14033
adversely affect the implementation and financing of the	14034
district's initial or amended plan pursuant to the implementation	14035
schedule contained in it under divisions (A)(12)(a) to (d) of that	14036
section. The board shall act on a request for such a waiver within	14037
ninety days after receiving the request. Upon granting such a	14038
waiver, the board shall send notice of that fact to the director.	14039
The notice shall indicate to whom the waiver was granted. Any	14040
waiver or authorization granted by a board on or before October	14041
29, 1993, shall continue in force until the board takes action	14042
concerning the same entity under this division or until action is	14043
taken under division (G) of section 343.014 of the Revised Code.	14044

(J) Divisions (G)(1) to (4) and (I)(2) of this section do not	14045
apply to the construction, operation, use, repair, enlargement, or	14046
modification of either of the following:	14047

(1) A solid waste facility owned by a generator of solid	14048
wastes when the solid waste facility exclusively disposes of solid	14049
wastes generated at one or more premises owned by the generator	14050
regardless of whether the facility is located on a premises where	14051
the wastes are generated;	14052

(2) A facility that exclusively disposes of wastes that are	14053
generated from the combustion of coal, or from the combustion of	14054
primarily coal in combination with scrap tires, that is not	14055
combined in any way with garbage at one or more premises owned by	14056
the generator.	14057

(K)(1) A member of the board of county commissioners of a	14058
county solid waste management district, member of the board of	14059
directors of a joint solid waste management district, member of	14060
the board of trustees of a regional solid waste management	14061
authority managing a county or joint solid waste management	14062
district, or officer or employee of any solid waste management	14063
district, for the purposes of sections 102.03, 102.04, 2921.41,	14064
and 2921.42 of the Revised Code, shall not be considered to be	14065
directly or indirectly interested in, or improperly influenced by,	14066
any of the following:	14067

(a) A contract entered into under this chapter or section	14068
307.15 or sections 3734.52 to 3734.575 of the Revised Code between	14069
the district and any county forming the district, municipal	14070
corporation or township located within the district, or health	14071
district having territorial jurisdiction within the district, of	14072
which that member, officer, or employee also is an officer or	14073
employee, but only to the extent that any interest or influence	14074
could arise from ~~his~~holding public office or employment with the	14075
political subdivision or health district;	14076

(b) A contract entered into under this chapter or section	14077
307.15 or sections 3734.52 to 3734.575 of the Revised Code between	14078
the district and a county planning commission organized under	14079
section 713.22 of the Revised Code, or regional planning	14080
commission created under section 713.21 of the Revised Code,	14081
having territorial jurisdiction within the district, of which that	14082
member also is a member, officer, or employee, but only to the	14083
extent that any interest or influence could arise from ~~his~~holding	14084
public office or employment with the commission;	14085

(c) An expenditure of money made by the district for the	14086
benefit of any county forming the district, municipal corporation	14087
or township located within the district, or health district or	14088
county or regional planning commission having territorial	14089
jurisdiction within the district, of which that member also is a	14090
member, officer, or employee, but only to the extent that any	14091
interest or influence could arise from ~~his~~holding public office	14092
or employment with the political subdivision, health district, or	14093
commission;	14094

(d) An expenditure of money made for the benefit of the	14095
district by any county forming the district, municipal corporation	14096
or township located within the district, or health district or	14097
county or regional planning commission having territorial	14098
jurisdiction within the district, of which that member also is a	14099
member, officer, or employee, but only to the extent that any	14100
interest or influence could arise from ~~his~~holding public office	14101
or employment with the political subdivision, health district, or	14102
commission.	14103

(2) A solid waste management district, county, municipal	14104
corporation, township, health district, or planning commission	14105
described or referred to in divisions (K)(1)(a) to (d) of this	14106
section shall not be construed to be the business associate of a	14107
person who is concurrently a member of the board of county	14108
commissioners, directors, or trustees, or an officer or employee,	14109
of the district and an officer or employee of that municipal	14110
corporation, county, township, health district, or planning	14111
commission for the purposes of sections 102.03, 2921.42, and	14112
2921.43 of the Revised Code. Any person who is concurrently a	14113
member of the board of county commissioners, directors, or	14114
trustees, or an officer or employee, of a solid waste management	14115
district so described or referred to and an officer or employee of	14116
a county, municipal corporation, township, health district, or	14117
planning commission so described or referred to may participate	14118
fully in deliberations concerning and vote on or otherwise	14119
participate in the approval or disapproval of any contract or	14120
expenditure of funds described in those divisions as a member of	14121
the board of county commissioners or directors, or an officer or	14122
employee, of a county or joint solid waste management district;	14123
member of the board of trustees, or an officer or employee, of a	14124
regional solid waste management authority managing a county or	14125
joint solid waste management district; member of the legislative	14126
authority, or an officer or employee, of a county forming the	14127
district; member of the legislative authority, or an officer or	14128
employee, of a municipal corporation or township located within	14129
the district; member of the board of health, or an officer or	14130
employee, of a health district having territorial jurisdiction	14131
within the district; or member of the planning commission, or an	14132
officer or employee of a county or regional planning commission	14133
having territorial jurisdiction within the district.	14134

(3) Nothing in division (K)(1) or (2) of this section shall	14135
be construed to exempt any member of the board of county	14136
commissioners, directors, or trustees, or an officer or employee,	14137
of a solid waste management district from a conflict of interest	14138
arising because of a personal or private business interest.	14139

(4) A member of the board of county commissioners of a county	14140
solid waste management district, board of directors of a joint	14141
solid waste management district, or board of trustees of a	14142
regional solid waste management authority managing a county or	14143
joint solid waste management district, or an officer or employee,	14144
of any such solid waste management district, neither shall be	14145
disqualified from holding any other public office or position of	14146
employment nor be required to forfeit any other public office or	14147
position of employment by reason of ~~his~~ serving as a member of the	14148
board of county commissioners, directors, or trustees, or as an	14149
officer or employee, of the district, notwithstanding any	14150
requirement to the contrary under the common law of this state or	14151
the Revised Code.	14152

(L) As used in this chapter:

14153

(1) "Board of health," "disposal," "health district," "scrap	14154
tires," and "solid waste transfer facility" have the same meanings	14155
as in section 3734.01 of the Revised Code.	14156

(2) "Change in district composition" and "change" have the	14157
same meaning as in section 3734.521 of the Revised Code.	14158

(3)(a) Except as provided in division (L)(3)(b) or (c), and	14159
(d), of this section, "solid wastes" has the same meaning as in	14160
section 3734.01 of the Revised Code.	14161

(b) If the solid waste management district is not one that	14162
resulted from proceedings for a change in district composition	14163
under sections 343.012 and 3734.521 of the Revised Code, until	14164
such time as an amended solid waste management plan is approved	14165
under section 3734.56 of the Revised Code, "solid wastes" need not	14166
include scrap tires unless the solid waste management policy	14167
committee established under section 3734.54 of the Revised Code	14168
for the district chooses to include the management of scrap tires	14169
in the district's initial solid waste management plan prepared	14170
under sections 3734.54 and 3734.55 of the Revised Code.	14171

(c) If the solid waste management district is one resulting	14172
from proceedings for a change in district composition under	14173
sections 343.012 and 3734.521 of the Revised Code and if the	14174
change involves an existing district that is operating under	14175
either an initial solid waste management plan approved or prepared	14176
and ordered to be implemented under section 3734.55 of the Revised	14177
Code or an initial or amended plan approved or prepared and	14178
ordered to be implemented under section 3734.521 of the Revised	14179
Code that does not provide for the management of scrap tires and	14180
scrap tire facilities, until such time as the amended plan of the	14181
district resulting from the change is approved under section	14182
3734.56 of the Revised Code, "solid wastes" need not include scrap	14183
tires unless the solid waste management policy committee	14184
established under division (C) of section 3734.521 of the Revised	14185
Code for the district chooses to include the management of scrap	14186
tires in the district's initial or amended solid waste management	14187
plan prepared under section 3734.521 of the Revised Code in	14188
connection with the change proceedings.	14189

(d) If the policy committee chooses to include the management	14190
of scrap tires in an initial plan prepared under sections 3734.54	14191
and 3734.55 of the Revised Code or in an initial or amended plan	14192
prepared under section 3734.521 of the Revised Code, the board of	14193
county commissioners or directors shall execute all of the duties	14194
imposed and may exercise any or all of the rights granted under	14195
this section for the purpose of managing solid wastes that consist	14196
of scrap tires.	14197

(4)(a) Except as provided in division (L)(4)(b) or (c), and	14198
(d) of this section, "facility" has the same meaning as in section	14199
3734.01 of the Revised Code and also includes any solid waste	14200
transfer, recycling, or resource recovery facility.	14201

(b) If the solid waste management district is not one that	14202
resulted from proceedings for a change in district composition	14203
under sections 343.012 and 3734.521 of the Revised Code, until	14204
such time as an amended solid waste management plan is approved	14205
under section 3734.56 of the Revised Code, "facility" need not	14206
include any scrap tire collection, storage, monocell, monofill, or	14207
recovery facility unless the solid waste management policy	14208
committee established under section 3734.54 of the Revised Code	14209
for the district chooses to include the management of scrap tire	14210
facilities in the district's initial solid waste management plan	14211
prepared under sections 3734.54 and 3734.55 of the Revised Code.	14212

(c) If the solid waste management district is one resulting	14213
from proceedings for a change in district composition under	14214
sections 343.012 and 3734.521 of the Revised Code and if the	14215
change involves an existing district that is operating under	14216
either an initial solid waste management plan approved under	14217
section 3734.55 of the Revised Code or an initial or amended plan	14218
approved or prepared and ordered to be implemented under section	14219
3734.521 of the Revised Code that does not provide for the	14220
management of scrap tires and scrap tire facilities, until such	14221
time as the amended plan of the district resulting from the change	14222
is approved under section 3734.56 of the Revised Code, "facility"	14223
need not include scrap tires unless the solid waste management	14224
policy committee established under division (C) of section	14225
3734.521 of the Revised Code for the district chooses to include	14226
the management of scrap tires in the district's initial or amended	14227
solid waste management plan prepared under section 3734.521 of the	14228
Revised Code in connection with the change proceedings.	14229

(d) If the policy committee chooses to include the management	14230
of scrap tires in an initial plan prepared under sections 3734.54	14231
and 3734.55 of the Revised Code or in an initial or amended plan	14232
prepared under section 3734.521 of the Revised Code, the board of	14233
county commissioners or directors shall execute all of the duties	14234
imposed and may exercise any or all of the rights granted under	14235
this section for the purpose of managing solid waste facilities	14236
that are scrap tire collection, storage, monocell, monofill, or	14237
recovery facilities.	14238

Sec. 504.21. (A) The board of township trustees of a	14239
township that has adopted a limited home rule government may, for	14240
the unincorporated territory in the township, adopt, amend, and	14241
rescind rules establishing technically feasible and economically	14242
reasonable standards to achieve a level of management and	14243
conservation practices that will abate wind or water erosion of	14244
the soil or abate the degradation of the waters of the state by	14245
soil sediment in conjunction with land grading, excavating,	14246
filling, or other soil disturbing activities on land used or being	14247
developed in the township for nonfarm commercial, industrial,	14248
residential, or other nonfarm purposes, and establish criteria for	14249
determination of the acceptability of those management and	14250
conservation practices. The rules shall be designed to implement	14251
the applicable areawide waste treatment management plan prepared	14252
under section 208 of the "Federal Water Pollution Control Act," 86	14253
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	14254
phase II of the storm water program of the national pollutant	14255
discharge elimination system established in 40 C.F.R. Part 122.	14256
The rules to implement phase II of the storm water program of the	14257
national pollutant discharge elimination system shall not be	14258
inconsistent with, more stringent than, or broader in scope than	14259
the rules or regulations adopted by the environmental protection	14260
agency under 40 C.F.R. Part 122. The rules adopted under this	14261
section shall not apply inside the limits of municipal	14262
corporations, to lands being used in a strip mine operation as	14263
defined in section 1513.01 of the Revised Code, or to land being	14264
used in a surface mine operation as defined in section 1514.01 of	14265
the Revised Code.	14266

The rules adopted under this section may require persons to	14267
file plans governing erosion control, sediment control, and water	14268
management before clearing, grading, excavating, filling, or	14269
otherwise wholly or partially disturbing one or more contiguous	14270
acres of land owned by one person or operated as one development	14271
unit for the construction of nonfarm buildings, structures,	14272
utilities, recreational areas, or other similar nonfarm uses. If	14273
the rules require plans to be filed, the rules shall do all of the	14274
following:	14275

(1) Designate the board itself, its employees, or another	14276
agency or official to review and approve or disapprove the plans;	14277

(2) Establish procedures and criteria for the review and	14278
approval or disapproval of the plans;	14279

(3) Require the designated entity to issue a permit to a	14280
person for the clearing, grading, excavating, filling, or other	14281
project for which plans are approved and to deny a permit to a	14282
person whose plans have been disapproved;	14283

(4) Establish procedures for the issuance of the permits;

14284

(5) Establish procedures under which a person may appeal the	14285
denial of a permit.	14286

Areas of less than one contiguous acre shall not be exempt	14287
from compliance with other provisions of this section or rules	14288
adopted under this section. The rules adopted under this section	14289
may impose reasonable filing fees for plan review, permit	14290
processing, and field inspections.	14291

No permit or plan shall be required for a public highway,	14292
transportation, or drainage improvement or maintenance project	14293
undertaken by a government agency or political subdivision in	14294
accordance with a statement of its standard sediment control	14295
policies that is approved by the board or the chief of the	14296
division of soil and water ~~conservation~~resources in the	14297
department of natural resources.	14298

(B) Rules or amendments may be adopted under this section	14299
only after public hearings at not fewer than two regular sessions	14300
of the board of township trustees. The board shall cause to be	14301
published, in a newspaper of general circulation in the township,	14302
notice of the public hearings, including time, date, and place,	14303
once a week for two weeks immediately preceding the hearings. The	14304
proposed rules or amendments shall be made available by the board	14305
to the public at the board office or other location indicated in	14306
the notice. The rules or amendments shall take effect on the	14307
thirty-first day following the date of their adoption.	14308

(C) The board of township trustees may employ personnel to	14309
assist in the administration of this section and the rules adopted	14310
under it. The board also, if the action does not conflict with the	14311
rules, may delegate duties to review sediment control and water	14312
management plans to its employees, and may enter into agreements	14313
with one or more political subdivisions, other township officials,	14314
or other government agencies, in any combination, in order to	14315
obtain reviews and comments on plans governing erosion control,	14316
sediment control, and water management or to obtain other services	14317
for the administration of the rules adopted under this section.	14318

(D) The board of township trustees or any duly authorized	14319
representative of the board may, upon identification to the owner	14320
or person in charge, enter any land upon obtaining agreement with	14321
the owner, tenant, or manager of the land in order to determine	14322
whether there is compliance with the rules adopted under this	14323
section. If the board or its duly authorized representative is	14324
unable to obtain such an agreement, the board or representative	14325
may apply for, and a judge of the court of common pleas for the	14326
county where the land is located may issue, an appropriate	14327
inspection warrant as necessary to achieve the purposes of this	14328
section.	14329

(E)(1) If the board of township trustees or its duly	14330
authorized representative determines that a violation of the rules	14331
adopted under this section exists, the board or representative may	14332
issue an immediate stop work order if the violator failed to	14333
obtain any federal, state, or local permit necessary for sediment	14334
and erosion control, earth movement, clearing, or cut and fill	14335
activity. In addition, if the board or representative determines	14336
such a rule violation exists, regardless of whether or not the	14337
violator has obtained the proper permits, the board or	14338
representative may authorize the issuance of a notice of	14339
violation. If, after a period of not less than thirty days has	14340
elapsed following the issuance of the notice of violation, the	14341
violation continues, the board or its duly authorized	14342
representative shall issue a second notice of violation. Except as	14343
provided in division (E)(3) of this section, if, after a period of	14344
not less than fifteen days has elapsed following the issuance of	14345
the second notice of violation, the violation continues, the board	14346
or its duly authorized representative may issue a stop work order	14347
after first obtaining the written approval of the prosecuting	14348
attorney of the county in which the township is located if, in the	14349
opinion of the prosecuting attorney, the violation is egregious.	14350

Once a stop work order is issued, the board or its duly	14351
authorized representative shall request, in writing, the	14352
prosecuting attorney to seek an injunction or other appropriate	14353
relief in the court of common pleas to abate excessive erosion or	14354
sedimentation and secure compliance with the rules adopted under	14355
this section. If the prosecuting attorney seeks an injunction or	14356
other appropriate relief, then, in granting relief, the court of	14357
common pleas may order the construction of sediment control	14358
improvements or implementation of other control measures and may	14359
assess a civil fine of not less than one hundred or more than five	14360
hundred dollars. Each day of violation of a rule or stop work	14361
order issued under this section shall be considered a separate	14362
violation subject to a civil fine.	14363

(2) The person to whom a stop work order is issued under this	14364
section may appeal the order to the court of common pleas of the	14365
county in which it was issued, seeking any equitable or other	14366
appropriate relief from that order.	14367

(3) No stop work order shall be issued under this section	14368
against any public highway, transportation, or drainage	14369
improvement or maintenance project undertaken by a government	14370
agency or political subdivision in accordance with a statement of	14371
its standard sediment control policies that is approved by the	14372
board or the chief of the division of soil and water ~~conservation~~	14373
resources in the department of natural resources.	14374

(F) No person shall violate any rule adopted or order issued	14375
under this section. Notwithstanding division (E) of this section,	14376
if the board of township trustees determines that a violation of	14377
any rule adopted or administrative order issued under this section	14378
exists, the board may request, in writing, the prosecuting	14379
attorney of the county in which the township is located, to seek	14380
an injunction or other appropriate relief in the court of common	14381
pleas to abate excessive erosion or sedimentation and secure	14382
compliance with the rules or order. In granting relief, the court	14383
of common pleas may order the construction of sediment control	14384
improvements or implementation of other control measures and may	14385
assess a civil fine of not less than one hundred or more than five	14386
hundred dollars. Each day of violation of a rule adopted or	14387
administrative order issued under this section shall be considered	14388
a separate violation subject to a civil fine.	14389

Sec. 718.04. (A) No municipal corporation other than the	14390
~~city~~municipal corporation of residence shall levy a tax on the	14391
income of any member or employee of the Ohio general assembly	14392
including the lieutenant governor which income is received as a	14393
result of services rendered as such member or employee and is paid	14394
from appropriated funds of this state.	14395

(B) No municipal corporation other than the municipal	14396
corporation of residence and the city of Columbus shall levy a	14397
tax on the income of the chief justice or a justice of the	14398
supreme court received as a result of services rendered as the	14399
chief justice or justice. No municipal corporation other than the	14400
municipal corporation of residence shall levy a tax on the income	14401
of a judge sitting by assignment of the chief justice or on the	14402
income of a district court of appeals judge sitting in multiple	14403
locations within the district, received as a result of services	14404
rendered as a judge.	14405

Sec. 721.15. (A) Personal property not needed for municipal	14406
purposes, the estimated value of which is less than one thousand	14407
dollars, may be sold by the board or officer having supervision or	14408
management of that property. If the estimated value of that	14409
property is one thousand dollars or more, it shall be sold only	14410
when authorized by an ordinance of the legislative authority of	14411
the municipal corporation and approved by the board, officer, or	14412
director having supervision or management of that property. When	14413
so authorized, the board, officer, or director shall make a	14414
written contract with the highest and best bidder after	14415
advertisement for not less than two or more than four consecutive	14416
weeks in a newspaper of general circulation within the municipal	14417
corporation, or with a board of county commissioners upon such	14418
lawful terms as are agreed upon, as provided by division (B)(1) of	14419
section 721.27 of the Revised Code.	14420

(B) When the legislative authority finds, by resolution, that	14421
the municipal corporation has vehicles, equipment, or machinery	14422
which is obsolete, or is not needed or is unfit for public use,	14423
that the municipal corporation has need of other vehicles,	14424
equipment, or machinery of the same type, and that it will be in	14425
the best interest of the municipal corporation that the sale of	14426
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	14427
made simultaneously with the purchase of the new vehicles,	14428
equipment, or machinery of the same type, the legislative	14429
authority may offer to sell, or authorize a board, officer, or	14430
director of the municipal corporation having supervision or	14431
management of the property to offer to sell, those vehicles,	14432
equipment, or machinery and to have the selling price credited	14433
against the purchase price of other vehicles, equipment, or	14434
machinery and to consummate the sale and purchase by a single	14435
contract with the lowest and best bidder to be determined by	14436
subtracting from the selling price of the vehicles, equipment, or	14437
machinery to be purchased by the municipal corporation the	14438
purchase price offered for the municipally-owned vehicles,	14439
equipment, or machinery. When the legislative authority or the	14440
authorized board, officer, or director of a municipal corporation	14441
advertises for bids for the sale of new vehicles, equipment, or	14442
machinery to the municipal corporation, they may include in the	14443
same advertisement a notice of willingness to accept bids for the	14444
purchase of municipally-owned vehicles, equipment, or machinery	14445
which is obsolete, or is not needed or is unfit for public use,	14446
and to have the amount of those bids subtracted from the selling	14447
price as a means of determining the lowest and best bidder.	14448

(C) If the legislative authority of the municipal corporation	14449
determines that municipal personal property is not needed for	14450
public use, or is obsolete or unfit for the use for which it was	14451
acquired, and that the property has no value, the legislative	14452
authority may discard or salvage that property.	14453

(D) Notwithstanding anything to the contrary in division (A)	14454
or (B) of this section and regardless of the property's value, the	14455
legislative authority of a municipal corporation may sell personal	14456
property, including motor vehicles acquired for the use of	14457
municipal officers and departments, and road machinery, equipment,	14458
tools, or supplies, which is not needed for public use, or is	14459
obsolete or unfit for the use for which it was acquired, by	14460
internet auction. The legislative authority shall adopt, during	14461
each calendar year, a resolution expressing its intent to sell	14462
that property by internet auction. The resolution shall include a	14463
description of how the auctions will be conducted and shall	14464
specify the number of days for bidding on the property, which	14465
shall be no less than ~~fifteen~~ten days, including Saturdays,	14466
Sundays, and legal holidays. The resolution shall indicate whether	14467
the municipal corporation will conduct the auction or the	14468
legislative authority will contract with a representative to	14469
conduct the auction and shall establish the general terms and	14470
conditions of sale. If a representative is known when the	14471
resolution is adopted, the resolution shall provide contact	14472
information such as the representative's name, address, and	14473
telephone number.	14474

After adoption of the resolution, the legislative authority	14475
shall publish, in a newspaper of general circulation in the	14476
municipal corporation, notice of its intent to sell unneeded,	14477
obsolete, or unfit municipal personal property by internet	14478
auction. The notice shall include a summary of the information	14479
provided in the resolution and shall be published at least twice.	14480
The second and any subsequent notice shall be published not less	14481
than ten nor more than twenty days after the previous notice. A	14482
similar notice also shall be posted continually throughout the	14483
calendar year in a conspicuous place in the offices of the village	14484
clerk or city auditor, and the legislative authority, and, if the	14485
municipal corporation maintains a website on the internet, the	14486
notice shall be posted continually throughout the calendar year at	14487
that website.	14488

When the property is to be sold by internet auction, the	14489
legislative authority or its representative may establish a	14490
minimum price that will be accepted for specific items and may	14491
establish any other terms and conditions for the particular sale,	14492
including requirements for pick-up or delivery, method of payment,	14493
and sales tax. This type of information shall be provided on the	14494
internet at the time of the auction and may be provided before	14495
that time upon request after the terms and conditions have been	14496
determined by the legislative authority or its representative.	14497

Sec. 737.39. (A) A municipal police officer who is trained	14498
in the same manner as uniformed employees of the motor carrier	14499
enforcement unit created under section 5503.34 of the Revised	14500
Code may, to the same extent as those employees, enforce	14501
compliance with any provision of Chapters 4919., 4921., and 4923.	14502
of the Revised Code or of a rule or order adopted or issued under	14503
those chapters regarding commercial motor vehicle transportation	14504
safety, economic, and hazardous materials requirements.	14505

(B)(1) A municipal police officer acting under division (A)	14506
of this section shall do both of the following:	14507

(a) Cooperate with the public utilities commission in	14508
carrying out that division and in enforcing any other applicable	14509
laws;	14510

(b) Comply with any rules adopted pursuant to section 4919.80	14511
of the Revised Code.	14512

(2) A uniformed municipal police officer under division (A)	14513
of this section may stop commercial motor vehicles for the	14514
purpose of inspecting those vehicles in carrying out that	14515
division.	14516

Sec. 742.11. (A) The members of the board of trustees of the	14517
Ohio police and fire pension fund shall be the trustees of the	14518
funds created by section 742.59 of the Revised Code. The board	14519
shall have full power to invest the funds. The board and other	14520
fiduciaries shall discharge their duties with respect to the funds	14521
solely in the interest of the participants and beneficiaries; for	14522
the exclusive purpose of providing benefits to participants and	14523
their beneficiaries and defraying reasonable expenses of	14524
administering the Ohio police and fire pension fund; with care,	14525
skill, prudence, and diligence under the circumstances then	14526
prevailing that a prudent person acting in a like capacity and	14527
familiar with these matters would use in the conduct of an	14528
enterprise of a like character and with like aims; and by	14529
diversifying the investments of the disability and pension fund so	14530
as to minimize the risk of large losses, unless under the	14531
circumstances it is clearly prudent not to do so.	14532

To facilitate investment of the funds, the board may	14533
establish a partnership, trust, limited liability company,	14534
corporation, including a corporation exempt from taxation under	14535
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as	14536
amended, or any other legal entity authorized to transact business	14537
in this state.	14538

(B) In exercising its fiduciary responsibility with respect	14539
to the investment of the funds, it shall be the intent of the	14540
board to give consideration to investments that enhance the	14541
general welfare of the state and its citizens where the	14542
investments offer quality, return, and safety comparable to other	14543
investments currently available to the board. In fulfilling this	14544
intent, equal consideration shall be given to investments	14545
otherwise qualifying under this section that involve minority	14546
owned and controlled firms and firms owned and controlled by	14547
women, either alone or in joint venture with other firms.	14548

The board shall adopt, in regular meeting, policies,	14549
objectives, or criteria for the operation of the investment	14550
program that include asset allocation targets and ranges, risk	14551
factors, asset class benchmarks, time horizons, total return	14552
objectives, and performance evaluation guidelines. In adopting	14553
policies and criteria for the selection of agents and investment	14554
managers with whom the board may contract for the administration	14555
of the funds, the board shall comply with sections 742.114 and	14556
742.116 of the Revised Code and ~~shall~~may also ~~give equal~~	14557
~~consideration to~~set aside approximately fifteen per cent of the	14558
contracts for minority owned and controlled firms, firms owned	14559
and controlled by women, and joint ventures involving minority	14560
owned and controlled firms and firms owned and controlled by women	14561
that otherwise meet the policies and criteria established by the	14562
board. Amendments and additions to the policies and criteria shall	14563
be adopted in regular meeting. The board shall publish its	14564
policies, objectives, and criteria under this provision no less	14565
often than annually and shall make copies available to interested	14566
parties.	14567

When reporting on the performance of investments, the board	14568
shall comply with the performance presentation standards	14569
established by the association for investment management and	14570
research.	14571

(C) All bonds, notes, certificates, stocks, or other	14572
evidences of investments purchased by the board shall be delivered	14573
to the treasurer of state, who is hereby designated as custodian	14574
thereof, or to the treasurer of state's authorized agent, and the	14575
treasurer of state or the agent shall collect the principal,	14576
interest, dividends, and distributions that become due and payable	14577
and place them when so collected into the custodial funds.	14578
Evidences of title of the investments may be deposited by the	14579
treasurer of state for safekeeping with an authorized agent,	14580
selected by the treasurer of state, who is a qualified trustee	14581
under section 135.18 of the Revised Code. The treasurer of state	14582
shall pay for the investments purchased by the board on receipt of	14583
written or electronic instructions from the board or the board's	14584
designated agent authorizing the purchase and pending receipt of	14585
the evidence of title of the investment by the treasurer of state	14586
or the treasurer of state's authorized agent. The board may sell	14587
investments held by the board, and the treasurer of state or the	14588
treasurer of state's authorized agent shall accept payment from	14589
the purchaser and deliver evidence of title of the investment to	14590
the purchaser on receipt of written or electronic instructions	14591
from the board or the board's designated agent authorizing the	14592
sale, and pending receipt of the moneys for the investments. The	14593
amount received shall be placed into the custodial funds. The	14594
board and the treasurer of state may enter into agreements to	14595
establish procedures for the purchase and sale of investments	14596
under this division and the custody of the investments.	14597

(D) All of the board's business shall be transacted, all its	14598
funds shall be invested, all warrants for money drawn and payments	14599
shall be made, and all of its cash, securities, and other property	14600
shall be held, in the name of the board or its nominee, provided	14601
that nominees are authorized by board resolution for the purpose	14602
of facilitating the ownership and transfer of investments.	14603

(E) No purchase or sale of any investment shall be made under	14604
this section except as authorized by the board of trustees of the	14605
Ohio police and fire pension fund.	14606

(F) Any statement of financial position distributed by the	14607
board shall include the fair value, as of the statement date, of	14608
all investments held by the board under this section.	14609

Sec. 742.117. (A) As used in this section:

14610

(1) "Minority business enterprise" has the meaning defined in	14611
section 122.71 of the Revised Code.	14612

(2) "Ohio-qualified investment manager" means an investment	14613
manager who has been designated as such by the board of trustees	14614
of the fund under division (A) of section 742.116 of the Revised	14615
Code.	14616

(3) "Women's business enterprise" means a business, or a	14617
partnership, corporation, limited liability company, or joint	14618
venture of any kind, that is owned and controlled by women who	14619
are United States citizens and residents of this state.	14620

(B) The board of trustees of the fund shall submit annually	14621
to the governor, to the general assembly (under section 101.68	14622
of the Revised Code), and to the Ohio retirement study council a	14623
report containing the following information:	14624

(1) The name of each Ohio-qualified investment manager that	14625
is a minority business enterprise or a women's business enterprise	14626
with which the board contracts;	14627

(2) The amount of assets managed by Ohio-qualified investment	14628
managers that are minority business enterprises or women's	14629
business enterprises, expressed as a percentage of assets managed	14630
by Ohio-qualified investment managers with which the board has	14631
contracted;	14632

(3) Efforts by the board to increase utilization of	14633
Ohio-qualified investment managers that are minority business	14634
enterprises or women's business enterprises.	14635

Sec. 901.041. There is hereby created in the state treasury	14636
the sustainable agriculture program fund. The fund shall consist	14637
of money credited to it, including, without limitation, federal	14638
money. The director of agriculture shall use money in the fund to	14639
support programs and activities that advance sustainable	14640
agriculture, including administrative costs incurred by the	14641
department of agriculture in administering the programs and	14642
activities.	14643

Sec. 901.20. (A) The director of agriculture may do either	14644
or both of the following:	14645

(1) Reserve exhibition space for exhibitors to exhibit their	14646
goods in trade shows held in this country or in any other country.	14647
The director may charge and collect fees from any exhibitor who	14648
uses space reserved by the director under division (A)(1) of this	14649
section.	14650

(2) Conduct or cause to be conducted seminars or other	14651
educational programs for the benefit of farmers and other	14652
producers in this state who are interested in exporting their	14653
goods overseas. The director may charge and collect fees from any	14654
person who attends a seminar or other educational program	14655
conducted under division (A)(2) of this section.	14656

(B) There is hereby created in the state treasury the Ohio	14657
proud, international, and domestic market development fund. Fees	14658
collected under division (A) of this section shall be deposited	14659
into the fund. The fund shall be used solely to carry out the	14660
purposes of that division.	14661

Sec. 901.43. (A) The director of agriculture may authorize	14662
any department of agriculture laboratory to perform a laboratory	14663
service for any person, organization, political subdivision, state	14664
agency, federal agency, or other entity, whether public or	14665
private. The director shall adopt and enforce rules to provide for	14666
the rendering of a laboratory service.	14667

(B) The director may charge a reasonable fee for the	14668
performance of a laboratory service, except when the service is	14669
performed on an official sample taken by the director acting	14670
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	14671
Revised Code; by a board of health acting as the licensor of	14672
retail food establishments or food service operations under	14673
Chapter 3717. of the Revised Code; or by the director of health	14674
acting as the licensor of food service operations under Chapter	14675
3717. of the Revised Code. The director of agriculture shall adopt	14676
rules specifying what constitutes an official sample.	14677

The director shall publish a list of laboratory services	14678
offered, together with the fee for each service.	14679

(C) The director may enter into a contract with any person,	14680
organization, political subdivision, state agency, federal agency,	14681
or other entity for the provision of a laboratory service.	14682

(D)(1) The director may adopt rules establishing standards	14683
for accreditation of laboratories and laboratory services and in	14684
doing so may adopt by reference existing or recognized standards	14685
or practices.	14686

(2) The director may inspect and accredit laboratories and	14687
laboratory services, and may charge a reasonable fee for the	14688
inspections and accreditation.	14689

(E)(1) There is hereby created in the state treasury the	14690
animal ~~health~~ and ~~food safety~~consumer analytical laboratory fund.	14691
Moneys from the following sources shall be deposited into the	14692
state treasury to the credit of the fund: all moneys collected by	14693
the director under this section that are from fees generated by a	14694
laboratory service performed by the department and related to the	14695
diseases of animals, all moneys so collected that are from fees	14696
generated for the inspection and accreditation of laboratories and	14697
laboratory services related to the diseases of animals, all moneys	14698
collected by the director under this section that are from fees	14699
generated by a laboratory service performed by the consumer	14700
analytical laboratory, ~~and~~ all moneys so collected that are from	14701
fees generated for the inspection and accreditation of	14702
laboratories and laboratory services not related to weights and	14703
measures, and all moneys collected under Chapters 942., 943., and	14704
953. of the Revised Code. The director may use the moneys held in	14705
the fund to pay the expenses necessary to operate the animal	14706
industry laboratory and the consumer analytical laboratory,	14707
including the purchase of supplies and equipment.	14708

(2) All moneys collected by the director under this section	14709
that are from fees generated by a laboratory service performed by	14710
the weights and measures laboratory, and all moneys so collected	14711
that are from fees generated for the inspection and accreditation	14712
of laboratories and laboratory services related to weights and	14713
measures, shall be deposited in the state treasury to the credit	14714
of the weights and measures laboratory fund, which is hereby	14715
created in the state treasury. The moneys held in the fund may be	14716
used to pay the expenses necessary to operate the division of	14717
weights and measures, including the purchase of supplies and	14718
equipment.	14719

Sec. 901.91. The director of agriculture may assess the	14720
operating funds of the department of agriculture to pay a share of	14721
the department's central support and administrative costs. The	14722
assessments shall be based on a plan that the director develops	14723
and submits to the director of budget and management not later	14724
than the fifteenth day of July of the fiscal year in which the	14725
assessments are to be made. If the director of budget and	14726
management approves the plan, assessments shall be paid from the	14727
funds designated in the plan and credited by means of intrastate	14728
transfer voucher to the department of agriculture central	14729
support indirect costs fund, which is hereby created in the	14730
state treasury. The fund shall be administered by the director	14731
of agriculture and used to pay central support and administrative	14732
costs of the department of agriculture.	14733

Sec. 903.082. (A) The director of agriculture may determine	14734
that an animal feeding facility that is not a medium concentrated	14735
animal feeding operation or small concentrated animal feeding	14736
operation as defined in section 903.01 of the Revised Code	14737
nevertheless shall be required to be permitted as a medium or	14738
small concentrated animal feeding operation when all of the	14739
following apply:	14740

(1) The director has received from the chief of the division	14741
of soil and water ~~conservation~~resources in the department of	14742
natural resources a copy of an order issued under section 1511.02	14743
of the Revised Code that specifies that the animal feeding	14744
facility has caused agricultural pollution by failure to comply	14745
with standards established under that section and that the animal	14746
feeding facility therefore should be required to be permitted as a	14747
medium or small concentrated animal feeding operation.	14748

(2) The director or the director's authorized representative	14749
has inspected the animal feeding facility.	14750

(3) The director or the director's authorized representative	14751
finds that the facility is not being operated in a manner that	14752
protects the waters of the state.	14753

(B) If an animal feeding facility is required to be permitted	14754
in accordance with this section, the owner or operator of the	14755
facility shall apply to the director for a permit to operate as a	14756
concentrated animal feeding operation. In a situation in which	14757
best management practices cannot be implemented without modifying	14758
the existing animal feeding facility, the owner or operator of the	14759
facility also shall apply for a permit to install for the	14760
facility.	14761

(C) In the case of an animal feeding facility for which a	14762
permit to operate is required under this section, a permit to	14763
operate shall not be required after the end of the five-year term	14764
of the permit if the problems that caused the facility to be	14765
required to obtain the permit have been corrected to the	14766
director's satisfaction.	14767

Sec. 903.11. (A) The director of agriculture may enter into	14768
contracts or agreements to carry out the purposes of this chapter	14769
with any public or private person, including the Ohio state	14770
university extension service, the natural resources conservation	14771
service in the United States department of agriculture, the	14772
environmental protection agency, the division of soil and water	14773
~~conservation~~resources in the department of natural resources, and	14774
soil and water conservation districts established under Chapter	14775
1515. of the Revised Code. However, the director shall not enter	14776
into a contract or agreement with a private person for the review	14777
of applications for permits to install, permits to operate, NPDES	14778
permits, or review compliance certificates that are issued under	14779
this chapter or for the inspection of a facility regulated under	14780
this chapter or with any person for the issuance of any of those	14781
permits or certificates or for the enforcement of this chapter and	14782
rules adopted under it.	14783

(B) The director may administer grants and loans using moneys	14784
from the federal government and other sources, public or private,	14785
for carrying out any of the director's functions. Nothing in this	14786
chapter shall be construed to limit the eligibility of owners or	14787
operators of animal feeding facilities or other agricultural	14788
enterprises to receive moneys from the water pollution control	14789
loan fund established under section 6111.036 of the Revised Code	14790
and the nonpoint source pollution management fund established	14791
under section 6111.037 of the Revised Code.	14792

The director of agriculture shall provide the director of	14793
environmental protection with written recommendations for	14794
providing financial assistance from those funds to agricultural	14795
enterprises. The director of environmental protection shall	14796
consider the recommendations in developing priorities for	14797
providing financial assistance from the funds.	14798

Sec. 903.25. An owner or operator of an animal feeding	14799
facility who holds a permit to install, a permit to operate, a	14800
review compliance certificate, or a NPDES permit or who is	14801
operating under an operation and management plan, as defined in	14802
section 1511.01 of the Revised Code, approved by the chief of the	14803
division of soil and water ~~conservation~~resources in the	14804
department of natural resources under section 1511.02 of the	14805
Revised Code or by the supervisors of the appropriate soil and	14806
water conservation district under section 1515.08 of the Revised	14807
Code shall not be required by any political subdivision of the	14808
state or any officer, employee, agency, board, commission,	14809
department, or other instrumentality of a political subdivision to	14810
obtain a license, permit, or other approval pertaining to manure,	14811
insects or rodents, odor, or siting requirements for installation	14812
of an animal feeding facility.	14813

Sec. 905.32. (A) No person shall manufacture or distribute	14814
in this state any type of fertilizer until a license to	14815
manufacture or distribute has been obtained by the manufacturer or	14816
distributor from the department of agriculture upon payment of a	14817
five dollar fee:	14818

(1) For each fixed (permanent) location at which fertilizer	14819
is manufactured in this state;	14820

(2) For each mobile unit used to manufacture fertilizer in	14821
this state;	14822

(3) For each location out of the state from which fertilizer	14823
is distributed in this state to nonlicensees.	14824

All licenses shall be valid for one year beginning on the	14825
first day of December of a calendar year through the thirtieth day	14826
of November of the following calendar year. A renewal application	14827
for a license shall be submitted no later than the thirtieth day	14828
of November each year. A person who submits a renewal application	14829
for a license after the thirtieth day of November shall include	14830
with the application a late filing fee of ten dollars.	14831

(B) An application for license shall include:

14832

(1) The name and address of the licensee;

14833

(2) The name and address of each bulk distribution point in	14834
the state, not licensed for fertilizer manufacture and	14835
distribution.	14836

The name and address shown on the license shall be shown on	14837
all labels, pertinent invoices, and bulk storage for fertilizers	14838
distributed by the licensee in this state.	14839

(C) The licensee shall inform the director of agriculture in	14840
writing of additional distribution points established during the	14841
period of the license.	14842

(D) All money collected under this section shall be credited	14843
to the pesticide, fertilizer, and lime program fund created in	14844
section 921.22 of the Revised Code.	14845

Sec. 905.33. (A) Except as provided in division (C) of this	14846
section, no person shall distribute in this state a specialty	14847
fertilizer until it is registered by the manufacturer or	14848
distributor with the department of agriculture. An application, in	14849
duplicate, for each brand and product name of each grade of	14850
specialty fertilizer shall be made on a form furnished by the	14851
director of agriculture and shall be accompanied with a fee of	14852
fifty dollars for each brand and product name of each grade.	14853
Labels for each brand and product name of each grade shall	14854
accompany the application. Upon the approval of an application by	14855
the director, a copy of the registration shall be furnished the	14856
applicant. All registrations shall be valid for one year beginning	14857
on the first day of December of a calendar year through the	14858
thirtieth day of November of the following calendar year.	14859

(B) An application for registration shall include the	14860
following:	14861

(1) Name and address of the manufacturer or distributor;

14862

(2) The brand and product name;

14863

(3) The grade;

14864

(4) The guaranteed analysis;

14865

(5) The package sizes for persons that package fertilizers	14866
only in containers of ten pounds or less.	14867

(C)(1) No person who engages in the business of applying	14868
custom mixed fertilizer to lawns, golf courses, recreation areas,	14869
or other real property that is not used for agricultural	14870
production shall be required to register the custom mixed	14871
fertilizer as a specialty fertilizer in accordance with division	14872
(A) of this section if the fertilizer ingredients of the custom	14873
mixed fertilizer are registered as specialty fertilizers and the	14874
inspection fee described in division (A) of section 905.36 of the	14875
Revised Code is paid.	14876

(2) No person who engages in the business of blending custom	14877
mixed fertilizer for use on lawns, golf courses, recreation areas,	14878
or other real property that is not used for agricultural	14879
production shall be required to register the custom mixed	14880
fertilizer as a specialty fertilizer in accordance with division	14881
(A) of this section if the facility holds a nonagricultural	14882
production custom mixed fertilizer blender license issued under	14883
section 905.331 of the Revised Code.	14884

(D) A person who engages in the business of applying or	14885
blending custom mixed fertilizer as described in division (C) of	14886
this section shall maintain an original or a copy of an invoice or	14887
document of sale for all fertilizer the person applies or	14888
distributes for one year following the date of the application or	14889
distribution, and, upon the director's request, shall furnish the	14890
director with the invoice or document of sale for the director's	14891
review.	14892

(E) All money collected under this section shall be credited	14893
to the pesticide, fertilizer, and lime program fund created in	14894
section 921.22 of the Revised Code.	14895

Sec. 905.331. No person who engages in the business of	14896
blending a custom mixed fertilizer for use on lawns, golf courses,	14897
recreation areas, or other real property that is not used for	14898
agricultural production shall fail to register a specialty	14899
fertilizer in accordance with division (A) of section 905.33 of	14900
the Revised Code unless the person has obtained an annual	14901
nonagricultural production custom mixed fertilizer blender license	14902
from the director of agriculture.	14903

A license issued under this section shall be valid from the	14904
first day of December of a calendar year through the thirtieth day	14905
of November of the following calendar year. A renewal application	14906
for a nonagricultural production custom mixed fertilizer blender	14907
license shall be submitted to the director no later than the	14908
thirtieth day of November each year and shall include the name and	14909
address of the applicant and of the premises where the blending	14910
occurs and a one-hundred-dollar fee. A person who submits a	14911
renewal application for a license after the thirtieth day of	14912
November shall include with the application a late filing fee of	14913
ten dollars. All nonagricultural production custom mixed	14914
fertilizer blender licenses expire on the thirtieth day of	14915
November each year.	14916

A person holding a nonagricultural production custom mixed	14917
fertilizer blender license shall pay the inspection fees described	14918
in division (A) of section 905.36 of the Revised Code for each	14919
product being blended.	14920

All money collected under this section shall be credited to	14921
the pesticide, fertilizer, and lime program fund created in	14922
section 921.22 of the Revised Code.	14923

Sec. 905.36. (A) A licensee or registrant, except	14924
registrants who package specialty fertilizers only in containers	14925
of ten pounds or less, shall pay the director of agriculture for	14926
all fertilizers distributed in this state an inspection fee at the	14927
rate of twenty-five cents per ton or twenty-eight cents per metric	14928
ton. Licensees and registrants shall specify on an invoice whether	14929
the per ton inspection fee has been paid or whether payment of the	14930
fee is the responsibility of the purchaser of the fertilizer. The	14931
payment of this inspection fee by a licensee or registrant shall	14932
exempt all other persons from the payment of this fee.	14933

(B) Every licensee or registrant shall file with the director	14934
an annual tonnage report that includes the number of net tons or	14935
metric tons of fertilizer distributed to nonlicensees or	14936
nonregistrants in this state by grade; packaged; bulk, dry or	14937
liquid. The report shall be filed on or before the thirtieth day	14938
of November of each calendar year and shall include data from the	14939
period beginning on the first day of November of the year	14940
preceding the year in which the report is due through the	14941
thirty-first day of October of the year in which the report is	14942
due. The licensee or registrant, except registrants who package	14943
specialty fertilizers only in containers of ten pounds or less,	14944
shall include with this statement the inspection fee at the rate	14945
stated in division (A) of this section. For a tonnage report that	14946
is not filed or payment of inspection fees that is not made on or	14947
before the thirtieth day of November of the applicable calendar	14948
year, a penalty of fifty dollars or ten per cent of the amount	14949
due, whichever is greater, shall be assessed against the licensee	14950
or registrant. The amount of fees due, plus penalty, shall	14951
constitute a debt and become the basis of a judgment against the	14952
licensee or registrant. For tonnage reports found to be	14953
incorrect, a penalty of fifteen per cent of the amount due shall	14954
be assessed against the licensee or registrant and shall	14955
constitute a debt and become the basis of a judgment against the	14956
licensee or registrant.	14957

(C) No information furnished under this section shall be	14958
disclosed by any employee of the department of agriculture in such	14959
a way as to divulge the operation of any person required to make	14960
such a report. The filing by a licensee or registrant of a sales	14961
volume tonnage statement required by division (B) of this section	14962
thereby grants permission to the director to verify the same with	14963
the records of the licensee or registrant.	14964

(D) All money collected under this section shall be credited	14965
to the pesticide, fertilizer, and lime program fund created in	14966
section 921.22 of the Revised Code.	14967

Sec. 905.50. If the director of agriculture has taken an	14968
official sample of a fertilizer or mixed fertilizer and determined	14969
that it constitutes mislabeled fertilizer pursuant to rules	14970
adopted under section 905.40 of the Revised Code, the person who	14971
labeled the fertilizer or mixed fertilizer shall pay a penalty to	14972
the consumer of the mislabeled fertilizer or, if the consumer	14973
cannot be determined with reasonable diligence or is not	14974
available, to the director ~~for deposit into~~to be credited to the	14975
~~commercial feed~~pesticide, fertilizer, ~~seed,~~ and lime ~~inspection~~	14976
~~and laboratory~~program fund created under section ~~905.38~~921.22 of	14977
the Revised Code. The amount of the penalty shall be calculated in	14978
accordance with either division (A) or (B) of this section,	14979
whichever method of calculation yields the largest amount.	14980

(A)(1) A penalty required to be paid under this section may	14981
be calculated as follows:	14982

(a) Five dollars for each percentage point of total nitrogen	14983
or phosphorus in the fertilizer that is below the percentage of	14984
nitrogen or phosphorus guaranteed on the label, multiplied by the	14985
number of tons of mislabeled fertilizer that have been sold to the	14986
consumer;	14987

(b) Three dollars for each percentage point of potash in the	14988
fertilizer that is below the percentage of potash guaranteed on	14989
the label, multiplied by the number of tons of mislabeled	14990
fertilizer that have been sold to the consumer.	14991

(2) In the case of a fertilizer that contains a quantity of	14992
nitrogen, phosphorus, or potash that is more than five percentage	14993
points below the percentages guaranteed on the label, the	14994
penalties calculated under division (A)(1) of this section shall	14995
be tripled.	14996

(3) No penalty calculated under division (A) of this section	14997
shall be less than twenty-five dollars.	14998

(B) A penalty required to be paid under this section may be	14999
calculated by multiplying the market value of one unit of the	15000
mislabeled fertilizer by the number of units of the mislabeled	15001
fertilizer that have been sold to the consumer.	15002

(C) Upon making a determination under this section that a	15003
person has mislabeled fertilizer or mixed fertilizer, the director	15004
shall determine the parties to whom the penalty imposed by this	15005
section is required to be paid and, in accordance with division	15006
(A) or (B) of this section, as applicable, shall calculate the	15007
amount of the penalty required to be paid to each such party.	15008
After completing those determinations and calculations, the	15009
director shall issue to the person who allegedly mislabeled the	15010
fertilizer or mixed fertilizer a notice of violation. The notice	15011
shall be accompanied by an order requiring, and specifying the	15012
manner of, payment of the penalty imposed by this section to the	15013
parties in the amounts set forth in the determinations and	15014
calculations required by this division. The order shall be issued	15015
in accordance with Chapter 119. of the Revised Code.	15016

No person shall violate a term or condition of an order	15017
issued under this division.	15018

Sec. 905.51. As used in sections 905.51 to ~~905.66~~905.65 of	15019
the Revised Code:	15020

(A) "Liming material" means all materials, the calcium and	15021
magnesium content of which is used to neutralize soil acidity, and	15022
includes the oxide, hydrate, carbonate, and silicate forms, as	15023
defined by rule, or combinations of those forms. "Liming material"	15024
includes materials such as the following:	15025

(1) Limestone;

15026

(2) Hydrated lime;

15027

(3) Burnt lime;

15028

(4) Industrial by-product;

15029

(5) Marl and shell.

15030

(B) "Bulk" means in a nonpackaged form.

15031

(C) "Label" means any written or printed matter on the	15032
package, or tag attached thereto.	15033

(D) "Manufacture" means to process, crush, grind, pelletize,	15034
or blend.	15035

(E) "Person" means any partnership, association, firm, or	15036
corporation, company, society, individual or combination of	15037
individuals, institution, park, or public agency administered by	15038
the state or any subdivision of the state.	15039

(F) "Product name" means a coined or specific designation	15040
applied to an individual liming material.	15041

(G) "Sale" means an exchange or offer to exchange ownership,	15042
or a transfer or offer to transfer custody.	15043

(H) "Ton" means a net weight of two thousand pounds.

15044

(I) "Metric ton" means a measure of weight equal to one	15045
thousand kilograms.	15046

(J) "Pelletized lime" means a finely ground limestone product	15047
or manufactured material that is held together in a granulated	15048
form by a water soluble binding agent and that is capable of	15049
neutralizing soil acidity.	15050

(K) "Water treatment lime sludge" means lime sludge generated	15051
during the process of treating water supplies having levels of	15052
heavy metals at or below the levels permitted in standards adopted	15053
by the director of environmental protection governing the land	15054
application of lime sludge so generated.	15055

(L) "Distribute" means to offer for sale, sell, barter, or	15056
otherwise supply liming material in this state.	15057

(M) "Official sample" means any sample of liming material	15058
taken and designated as "official" by the director of agriculture	15059
or the director's designee.	15060

(N) "Effective neutralizing power" means the neutralizing	15061
value of liming material based on the total neutralizing power and	15062
fineness that is expressed as a dry weight percentage.	15063

(O) "Fineness index" means the percentage by weight of a	15064
liming material that will pass designated sieves, calculated to	15065
account for particle size distribution by adding the amounts	15066
arrived at under divisions (O)(1), (2), and (3) of this section as	15067
follows:	15068

(1) Two-tenths multiplied by the percentage of material	15069
passing a number eight United States standard sieve minus the	15070
percentage of material passing a number twenty United States	15071
standard sieve.	15072

(2) Six-tenths multiplied by the percentage of material	15073
passing a number twenty United States standard sieve minus the	15074
percentage of material passing a number sixty United States	15075
standard sieve.	15076

(3) One multiplied by the percentage of material passing a	15077
number sixty United States standard sieve.	15078

Sec. 905.52. (A) Except as provided in section 905.53 of the	15079
Revised Code, no person shall manufacture, sell, or distribute in	15080
this state liming material without a license to do so issued by	15081
the department of agriculture.	15082

(B) Each such license expires on the thirty-first day of	15083
December of each year and shall be renewed according to the	15084
standard renewal procedure of sections 4745.01 to 4745.03 of the	15085
Revised Code.	15086

(C) Each application for issuance or renewal of such a	15087
license shall:	15088

(1) Include the name and address of the applicant and the	15089
name and address of each bulk distribution point from which the	15090
applicant's liming material will be distributed in this state;	15091

(2) Be accompanied by a license fee of fifty dollars:

15092

(a) For each location at which liming material is	15093
manufactured in this state;	15094

(b) For each location out of the state from which liming	15095
material is distributed or sold in this state to nonlicensees.	15096

(3) Be accompanied by a label for each product name and	15097
grade.	15098

(D) The name and address of the applicant shown on the	15099
application shall be shown on all labels, pertinent invoices, and	15100
bulk storage for liming material distributed or sold by the	15101
licensee in this state.	15102

(E) The licensee shall inform the department in writing of	15103
additional distribution points established during the period of	15104
the license.	15105

(F) All money collected under this section shall be credited	15106
to the pesticide, fertilizer, and lime program fund created in	15107
section 921.22 of the Revised Code.	15108

Sec. 905.56. (A) Each licensee shall file with the	15109
department of agriculture an annual tonnage report that includes	15110
the number of net tons of liming material sold or distributed to a	15111
non-licensee in this state, by county, by oxide and hydrate forms,	15112
and by grade as defined in section 905.54 of the Revised Code,	15113
within forty days after the thirty-first day of December of each	15114
calendar year. The inspection fee at the rate stated in division	15115
(B) of this section shall accompany this report.	15116

(B) Each licensee who sells or distributes more than	15117
twenty-five hundred tons of agricultural liming material in this	15118
state shall pay to the department an inspection fee. The	15119
inspection fee is one fourth of one cent for each ton in excess of	15120
twenty-five hundred tons, as reported in the tonnage report	15121
required by division (A) of this section. The maximum inspection	15122
fee is three hundred dollars.	15123

(C) If a tonnage report is not filed, or if the inspection	15124
fee is not paid within ten days after the due date, a penalty of	15125
ten per cent of the amount due, with a minimum penalty of ten	15126
dollars, shall be assessed against the licensee. The amount of fee	15127
due, plus penalty, shall constitute a debt and shall become the	15128
basis of a judgment against the licensee. Such remedy is in	15129
addition to the remedy provided in section 905.62 of the Revised	15130
Code.	15131

(D) The director of agriculture may inspect the inventories,	15132
books, and records of any licensee in order to verify a tonnage	15133
report. If the director finds that a tonnage report is erroneous,	15134
the director may adjust the inspection fee, may assess any balance	15135
due against the licensee, and may impose a penalty not to exceed	15136
ten per cent of the balance due, or may refund any overpayment.	15137

(E) All money collected under this section shall be credited	15138
to the pesticide, fertilizer, and lime program fund created in	15139
section 921.22 of the Revised Code.	15140

Sec. 907.13. No person shall label agricultural, vegetable,	15141
or flower seed that is intended for sale in this state unless the	15142
person holds a valid seed labeler permit that has been issued by	15143
the director of agriculture in accordance with this section.	15144

A person who wishes to obtain a seed labeler permit shall	15145
file an application with the director on a form that the director	15146
provides and shall submit a permit fee in the amount of ten	15147
dollars. Such a person who labels seed under more than one name or	15148
at more than one address shall obtain a separate seed labeler	15149
permit and pay a separate permit fee for each name and address.	15150

The applicant shall include the applicant's full name and	15151
address on the application together with any additional	15152
information that the director requires by rules adopted under	15153
section 907.10 of the Revised Code. If the applicant's address is	15154
not within this state or it does not represent a location in this	15155
state where the director can collect samples of the applicant's	15156
seed for analysis, then the applicant shall include on the	15157
application an address within this state where samples of the	15158
applicant's seed may be collected for those purposes or shall	15159
agree to provide the director or the director's authorized	15160
representative with seeds for sampling upon request.	15161

Upon receipt of a complete application accompanied by the	15162
ten-dollar permit fee, the director shall issue a seed labeler's	15163
permit to the applicant. All seed labeler permits that are issued	15164
under this section shall expire on the thirty-first day of	15165
December of each year regardless of the date on which a permit was	15166
issued during that year.	15167

Each person who obtains a seed labeler permit shall label the	15168
seed that the person intends for sale in this state in accordance	15169
with the requirements established in sections 907.01 to 907.17 of	15170
the Revised Code. Each person who holds a valid seed labeler	15171
permit shall keep the permit posted in a conspicuous place in the	15172
principal seed room from which the person sells seed and shall	15173
comply with the reporting and fee requirements that are	15174
established in section 907.14 of the Revised Code.	15175

All money collected under this section shall be credited to	15176
the commercial feed and seed fund created in section 923.46 of the	15177
Revised Code.	15178

Sec. 907.14. (A) A person who holds a valid seed labeler	15179
permit issued under section 907.13 of the Revised Code shall	15180
report to the director of agriculture concerning the amount of	15181
seed that the person sells in this state. The report shall be made	15182
semiannually on a form that the director prescribes and provides.	15183
One semiannual report shall be filed with the director prior to	15184
the first day of February of each year with respect to all sales	15185
that the person made during the period from the first day of July	15186
to the thirty-first day of December of the preceding year. The	15187
second semiannual report shall be filed prior to the first day of	15188
August of each year with respect to all sales that the person made	15189
during the period from the first day of January to the thirtieth	15190
day of June of that year.	15191

(B) A person who holds a valid seed labeler permit shall	15192
include with each semiannual report a seed fee based on the amount	15193
of the seed that the person sold during that reporting period as	15194
follows:	15195

(1) For soybeans and small grains, including barley, oats,	15196
rye, wheat, triticale, and spelt, four cents per one hundred	15197
pounds;	15198

(2) For corn and grain sorghum, five cents per one hundred	15199
pounds;	15200

(3)(a) For any of the following seed sold at wholesale or	15201
retail or on consignment or commission, two per cent of the	15202
wholesale value of the containers of seed or, if the seed is not	15203
sold wholesale, two per cent of the retail value of the containers	15204
of seed:	15205

(i) Vegetable and flower seed sold in containers, other than	15206
hermetically sealed containers, of eight ounces or less;	15207

(ii) Flower seed sold in hermetically sealed containers that	15208
contain fewer than three hundred seeds;	15209

(iii) Vegetable seed sold in hermetically sealed containers	15210
that contain fewer than one thousand seeds.	15211

(b) The fees established pursuant to divisions (B)(3)(a)(ii)	15212
and (iii) of this section apply to both of the following:	15213

(i) Seed sold in hermetically sealed containers that contain	15214
the amount of seeds specified in division (B)(3)(a)(ii) or (iii)	15215
of this section, as applicable;	15216

(ii) Seed sold in hermetically sealed containers that do not	15217
clearly state the number of seeds that they contain.	15218

(c) Except as otherwise provided in division (B)(3)(b)(ii) of	15219
this section, if the weight of seed in a container, or the	15220
quantity of seed in a container, exceeds the applicable weight or	15221
quantity specified in division (B)(3)(a)(i), (ii), or (iii) of	15222
this section, the fee established in division (B)(4) of this	15223
section applies.	15224

(4) For alfalfa, clover, grass, native grass, mixtures	15225
containing any of these, and all agricultural, vegetable, and	15226
flower seeds not specified in divisions (B)(1) to (3) of this	15227
section, ten cents per one hundred pounds.	15228

If the total amount of the seed fee that is due is less than	15229
five dollars, the person shall pay the minimum seed fee, which is	15230
five dollars.	15231

(C) For each failure to report in full the amount of seed	15232
sold or to submit the required seed fees in full by the due date,	15233
a person who holds a valid seed labeler permit shall pay a penalty	15234
of ten per cent of the amount due or fifty dollars, whichever is	15235
greater. Failure to pay either the fee or the penalty within	15236
thirty days after the due date is cause for suspension or	15237
revocation by the director of the seed labeler permit or refusal,	15238
without a hearing, to issue a subsequent seed labeler permit for	15239
which the person applies.	15240

(D) This section does not apply to governmental entities that	15241
donate seed for conservation purposes.	15242

(E) All money collected under this section shall be credited	15243
to the commercial feed and seed fund created in section 923.46 of	15244
the Revised Code.	15245

Sec. 907.30. (A) No person shall apply legume inoculants to	15246
seed for sale in ~~Ohio,~~this state for others or to a customer's	15247
order unless ~~he shall have~~the person has obtained from the	15248
director of agriculture a legume inoculator's license for each	15249
such place of business where seed is inoculated. Application for	15250
such a license shall be made on a form obtainable from the	15251
director and shall be accompanied by a fee of five dollars. ~~Said~~	15252
The application shall include the name of the brand, or brands of	15253
legume inoculant to be used together with the name of the	15254
manufacturer, and the name of the process or technique used to	15255
apply the inoculant to the seed. All such licenses shall expire	15256
each year on the thirty-first day of January and shall be renewed	15257
according to the standard renewal procedure of sections 4745.01 to	15258
4745.03~~, inclusive,~~ of the Revised Code.	15259

(B) The legume inoculator shall keep for a period of eighteen	15260
months, records ~~which~~that shall include complete data concerning	15261
the source and lot number of the inoculant material used, the rate	15262
and date of application, and the lot identity by owner and lot	15263
number, if any, of the seed to which the material was applied.	15264

(C) All money collected under this section shall be credited	15265
to the commercial feed and seed fund created in section 923.46 of	15266
the Revised Code.	15267

Sec. 907.31. Any person who submits an application for the	15268
registration of a brand of legume inoculant shall pay annually,	15269
prior to the first day of January, a registration and inspection	15270
fee in the amount of fifty dollars per brand.	15271

The registration shall be renewed according to the standard	15272
renewal procedure established in Chapter 4745. of the Revised	15273
Code.	15274

All money collected under this section shall be credited to	15275
the commercial feed and seed fund created in section 923.46 of the	15276
Revised Code.	15277

Sec. 915.24. (A) There is hereby created in the state	15278
treasury the food safety fund. All of the following moneys shall	15279
be credited to the fund:	15280

(1) Bakery registration fees and fines received under	15281
sections 911.02 to 911.20 of the Revised Code;	15282

(2) Cannery license fees and renewal fees received under	15283
sections 913.01 to 913.05 of the Revised Code;	15284

(3) Moneys received under sections 913.22 to 913.28 of the	15285
Revised Code;	15286

(4) License fees, fines, and penalties recovered for the	15287
violation of sections 915.01 to 915.12 of the Revised Code;	15288

(5) License fees collected under sections 915.14 to 915.23 of	15289
the Revised Code;	15290

(6) License fees, other fees, and fines collected by or for	15291
the director of agriculture under Chapter 3717. of the Revised	15292
Code;	15293

(7) Fees collected under section 3715.04 of the Revised Code	15294
for the issuance of certificates of health and freesale;	15295

(8) Registration fees and other fees collected by the	15296
director under section 3715.041 of the Revised Code.	15297

(B) The director of agriculture shall use the moneys	15298
deposited into the food safety fund to administer and enforce the	15299
laws pursuant to which the moneys were collected.	15300

Sec. 918.08. (A) Except as provided in division (F) of this	15301
section, no person shall operate an establishment without first	15302
licensing the establishment with the department of agriculture.	15303
The owner of an establishment desiring a license with the	15304
department may make application therefor on forms provided by the	15305
department. If after inspection the director of agriculture finds	15306
that an establishment is in compliance with this chapter and rules	15307
adopted under it, the director shall notify the owner of the	15308
establishment and, upon receipt of the required license fee, the	15309
establishment shall be permitted to operate. However, if after	15310
inspection the director finds that an establishment is not in	15311
compliance with this chapter and rules adopted under it, the	15312
director shall deny the license application. The applicant may	15313
appeal the denial of the license application in accordance with	15314
Chapter 119. of the Revised Code. The license shall expire	15315
annually on the thirty-first day of March and, if the director	15316
finds that the establishment is in compliance with this chapter	15317
and rules adopted under it, shall be renewed according to the	15318
standard renewal procedure of sections 4745.01 to 4745.03 of the	15319
Revised Code.	15320

(B) The annual license fee for each establishment, or a	15321
renewal thereof, is ~~fifty~~one hundred dollars. All fees collected	15322
under this section shall be deposited into the poultry and meat	15323
products fund created in section 918.15 of the Revised Code.	15324

(C) If after inspection the director determines that an	15325
establishment licensed under division (A) of this section is	15326
operating in violation of this chapter or the rules adopted	15327
thereunder, the director shall notify the licensee in writing of	15328
the violation and give the licensee ten days from the date of	15329
notice to cease or correct the conditions causing the violation.	15330
If the conditions causing the violation continue after the	15331
expiration of the ten-day period, the director may do either of	15332
the following:	15333

(1) Impose progressive enforcement actions as provided in	15334
division (D)(1) of this section in the same manner as inspectors;	15335

(2) Suspend or revoke the establishment's license in	15336
accordance with Chapter 119. of the Revised Code.	15337

(D)(1) If an inspector determines that an establishment	15338
licensed under division (A) of this section is operating in	15339
violation of sections 918.01 to 918.12 of the Revised Code and	15340
rules adopted under those sections, the inspector may notify the	15341
licensee in writing of the violation. The inspector immediately	15342
may impose progressive enforcement actions, including withholding	15343
the mark of inspection, suspension of inspection, suspension of	15344
inspection held in abeyance, and withdrawal of inspection. The	15345
progressive enforcement actions may be taken prior to affording	15346
the licensee an opportunity for a hearing. As authorized in	15347
division (C) of section 119.06 of the Revised Code, a decision to	15348
impose a progressive enforcement action is immediately appealable	15349
to a higher authority within the department who is classified by	15350
the director as a district supervisor and who is designated by the	15351
director to hear the appeal. If the district supervisor affirms	15352
the enforcement action of the inspector, the licensee may appeal	15353
the enforcement action in accordance with Chapter 119. of the	15354
Revised Code.	15355

(2) As used in division (D)(1) of this section, "suspension	15356
of inspection held in abeyance" means a period of time during	15357
which a suspension of inspection is lifted because an	15358
establishment has presented the director with a corrective action	15359
plan that, if implemented properly, would bring the establishment	15360
into compliance with this chapter and rules adopted under it.	15361

(E) If in the opinion of the director the establishment is	15362
being operated under such insanitary conditions as to be a hazard	15363
to public health, or if the director determines that an	15364
establishment is not in compliance with its hazard analysis	15365
critical control point plan as required by rules, the director may	15366
condemn or retain the product on hand and immediately withdraw	15367
inspection from the establishment until the insanitary conditions	15368
are corrected or until the establishment is in compliance with its	15369
hazard analysis critical control point plan, as applicable. The	15370
director may take those actions prior to an adjudication hearing	15371
as required under section 119.06 of the Revised Code. The director	15372
subsequently shall afford a hearing upon the request of the owner	15373
or operator of the establishment.	15374

(F) Any person operating an establishment as defined in	15375
section 918.01 of the Revised Code who also operates on the same	15376
premises an establishment as defined in section 918.21 of the	15377
Revised Code shall apply either for licensure under section 918.08	15378
of the Revised Code or for licensure under section 918.28 of the	15379
Revised Code, but not for both, as the director shall determine.	15380

(G) If the director determines that the owner or operator of	15381
or any person employed by an establishment licensed under division	15382
(A) of this section forcibly assaulted, resisted, opposed,	15383
impeded, intimidated, or interfered with any person while that	15384
person was engaged in, or because of the person's performance of,	15385
official duties under sections 918.01 to 918.12 of the Revised	15386
Code or the rules adopted under those sections, the director	15387
immediately may withdraw inspection from the establishment prior	15388
to an adjudication hearing as required under section 119.06 of the	15389
Revised Code.	15390

(H) In addition to any remedies provided by law and	15391
irrespective of whether or not there exists an adequate remedy at	15392
law, the director may apply to the court of common pleas of the	15393
county in which a violation of sections 918.01 to 918.12 of the	15394
Revised Code or rules adopted under those sections occurs for a	15395
temporary or permanent injunction or other appropriate relief	15396
concerning the violation.	15397

Sec. 918.28. (A) Except as provided in division (F) of	15398
section 918.08 of the Revised Code, application for a license to	15399
operate an establishment shall be made to the director of	15400
agriculture on forms provided by the department of agriculture.	15401
The director shall inspect the establishment and if, upon	15402
inspection, the establishment is found to be in compliance with	15403
this chapter and rules adopted under it, the director shall so	15404
notify the owner of the establishment and, upon receipt of the	15405
annual license fee of ~~fifty~~one hundred dollars, shall issue the	15406
owner a license. However, if after inspection the director finds	15407
that an establishment is not in compliance with this chapter and	15408
rules adopted under it, the director shall deny the license	15409
application. The applicant may appeal the denial of the license	15410
application in accordance with Chapter 119. of the Revised Code.	15411
The license shall expire on the thirty-first day of March of each	15412
year and, if the director finds that the establishment is in	15413
compliance with this chapter and rules adopted under it, shall be	15414
renewed according to the standard renewal procedures of sections	15415
4745.01 to 4745.03 of the Revised Code.	15416

(B) If after inspection the director determines that an	15417
establishment licensed under this section is operating in	15418
violation of this chapter or a rule or order adopted or issued	15419
under authority thereof, the director shall notify the licensee in	15420
writing of the violation, giving the licensee ten days from the	15421
date of the notice to correct the conditions causing the	15422
violation. If the conditions are not corrected within the ten-day	15423
period, the director may do either of the following:	15424

(1) Impose progressive enforcement actions as provided in	15425
division (C)(1) of this section in the same manner as inspectors;	15426

(2) Suspend or revoke the license in accordance with Chapter	15427
119. of the Revised Code.	15428

(C)(1) If an inspector determines that an establishment	15429
licensed under division (A) of this section is operating in	15430
violation of sections 918.21 to 918.31 of the Revised Code and	15431
rules adopted under those sections, the inspector may notify the	15432
licensee in writing of the violation. The inspector immediately	15433
may impose progressive enforcement actions, including withholding	15434
the mark of inspection, suspension of inspection, suspension of	15435
inspection held in abeyance, and withdrawal of inspection. The	15436
progressive enforcement actions may be taken prior to affording	15437
the licensee an opportunity for a hearing. As authorized in	15438
division (C) of section 119.06 of the Revised Code, a decision to	15439
impose a progressive enforcement action is immediately appealable	15440
to a higher authority within the department who is classified by	15441
the director as a district supervisor and who is designated by the	15442
director to hear the appeal. If the district supervisor affirms	15443
the enforcement action of the inspector, the licensee may appeal	15444
the enforcement action in accordance with Chapter 119. of the	15445
Revised Code.	15446

(2) As used in division (C)(1) of this section, "suspension	15447
of inspection held in abeyance" means a period of time during	15448
which a suspension of inspection is lifted because an	15449
establishment has presented the director with a corrective action	15450
plan that, if implemented properly, would bring the establishment	15451
into compliance with this chapter and rules adopted under it.	15452

(D) If in the opinion of the director the establishment is	15453
being operated under such insanitary conditions as to be a hazard	15454
to public health, or if the director determines that an	15455
establishment is not in compliance with its hazard analysis	15456
critical control point plan as required by rules, the director may	15457
condemn or retain the product on hand and immediately withdraw	15458
inspection from the establishment until such time as the	15459
insanitary conditions are corrected or until the establishment is	15460
in compliance with its hazard analysis critical control point	15461
plan, as applicable.	15462

(E) If the director determines that the owner or operator of	15463
or any person employed by an establishment licensed under division	15464
(A) of this section forcibly assaulted, resisted, opposed,	15465
impeded, intimidated, or interfered with any person while that	15466
person was engaged in, or because of the person's performance of,	15467
official duties under sections 918.21 to 918.31 of the Revised	15468
Code or the rules adopted under those sections, the director	15469
immediately may withdraw inspection from the establishment prior	15470
to an adjudication hearing as required under section 119.06 of the	15471
Revised Code.	15472

(F) In addition to any remedies provided by law and	15473
irrespective of whether or not there exists an adequate remedy at	15474
law, the director may apply to the court of common pleas of the	15475
county in which a violation of sections 918.21 to 918.31 of the	15476
Revised Code or rules adopted under those sections occurs for a	15477
temporary or permanent injunction or other appropriate relief	15478
concerning the violation.	15479

Sec. 921.02. (A) No person shall distribute a pesticide	15480
within this state unless the pesticide is registered with the	15481
director of agriculture under this chapter. Registrations shall be	15482
issued for a period of time established by rule and shall be	15483
renewed in accordance with deadlines established by rule.	15484
Registration is not required if a pesticide is shipped from one	15485
plant or warehouse to another plant or warehouse operated by the	15486
same person and used solely at that plant or warehouse as a	15487
constituent part to make a pesticide that is registered under this	15488
chapter, or if the pesticide is distributed under the provisions	15489
of an experimental use permit issued under section 921.03 of the	15490
Revised Code or an experimental use permit issued by the United	15491
States environmental protection agency.	15492

(B) The applicant for registration of a pesticide shall file	15493
a statement with the director on a form provided by the director,	15494
which shall include all of the following:	15495

(1) The name and address of the applicant and the name and	15496
address of the person whose name will appear on the label, if	15497
other than the applicant's name;	15498

(2) The brand and product name of the pesticide;

15499

(3) Any necessary information required for completion of the	15500
department of agriculture's application for registration,	15501
including the agency registration number;	15502

(4) A complete copy of the labeling accompanying the	15503
pesticide and a statement of all claims to be made for it,	15504
including the directions for use and the use classification as	15505
provided for in the federal act.	15506

(C) The director, when the director considers it necessary in	15507
the administration of this chapter, may require the submission of	15508
the complete formula of any pesticide including the active and	15509
inert ingredients.	15510

(D) The director may require a full description of the tests	15511
made and the results thereof upon which the claims are based for	15512
any pesticide. The director shall not consider any data submitted	15513
in support of an application, without permission of the applicant,	15514
in support of any other application for registration unless the	15515
other applicant first has offered to pay reasonable compensation	15516
for producing the test data to be relied upon and the data are not	15517
protected from disclosure by section 921.04 of the Revised Code.	15518
In the case of a renewal of registration, a statement shall be	15519
required only with respect to information that is different from	15520
that furnished when the pesticide was registered or last	15521
registered.	15522

(E) The director may require any other information to be	15523
submitted with an application.	15524

Any applicant may designate any portion of the required	15525
registration information as a trade secret or confidential	15526
business information. Upon receipt of any required registration	15527
information designated as a trade secret or confidential business	15528
information, the director shall consider the designated	15529
information as confidential and shall not reveal or cause to be	15530
revealed any such designated information without the consent of	15531
the applicants, except to persons directly involved in the	15532
registration process described in this section or as required by	15533
law.	15534

(F) Beginning January 1, 2007, each applicant shall pay a	15535
registration and inspection fee of one hundred fifty dollars for	15536
each product name and brand registered for the company whose name	15537
appears on the label. If an applicant files for a renewal of	15538
registration after the deadline established by rule, the applicant	15539
shall pay a penalty fee of seventy-five dollars for each product	15540
name and brand registered for the applicant. The penalty fee shall	15541
be added to the original fee and paid before the renewal	15542
registration is issued. In addition to any other remedy available	15543
under this chapter, if a pesticide that is not registered pursuant	15544
to this section is distributed within this state, the person	15545
required to register the pesticide shall do so and shall pay a	15546
penalty fee of seventy-five dollars for each product name and	15547
brand registered for the applicant. The penalty fee shall be added	15548
to the original fee of one hundred fifty dollars and paid before	15549
the registration is issued.	15550

(G) Provided that the state is authorized by the	15551
administrator of the United States environmental protection agency	15552
to register pesticides to meet special local needs, the director	15553
shall require the information set forth under divisions (B), (C),	15554
(D), and (E) of this section and shall register any such pesticide	15555
after determining that all of the following conditions are met:	15556

(1) Its composition is such as to warrant the proposed claims	15557
for it.	15558

(2) Its labeling and other material required to be submitted	15559
comply with the requirements of the federal act and of this	15560
chapter, and rules adopted thereunder.	15561

(3) It will perform its intended function without	15562
unreasonable adverse effects on the environment.	15563

(4) When used in accordance with widespread and commonly	15564
recognized practice, it will not generally cause unreasonable	15565
adverse effects on the environment.	15566

(5) The classification for general or restricted use is in	15567
conformity with the federal act.	15568

The director shall not make any lack of essentiality a	15569
criterion for denying the registration of any pesticide. When two	15570
pesticides meet the requirements of division (G) of this section,	15571
the director shall not register one in preference to the other.	15572

(H)(1) The director may refuse to register a pesticide if the	15573
application for registration fails to comply with this section.	15574

(2) The director may suspend or revoke a pesticide	15575
registration after a hearing in accordance with Chapter 119. of	15576
the Revised Code for a pesticide that fails to meet the claims	15577
made for it on its label.	15578

(3) The director may immediately suspend a pesticide	15579
registration, prior to a hearing, when the director believes that	15580
the pesticide poses an immediate hazard to human or animal health	15581
or a hazard to the environment. Not later than fifteen days after	15582
suspending the registration, the director shall determine whether	15583
the pesticide poses such a hazard. If the director determines that	15584
no hazard exists, the director shall lift the suspension of the	15585
registration. If the director determines that a hazard exists, the	15586
director shall revoke the registration in accordance with Chapter	15587
119. of the Revised Code.	15588

(I) All money collected under this section shall be credited	15589
to the pesticide, fertilizer, and lime program fund created in	15590
section 921.22 of the Revised Code.	15591

Sec. 921.06. (A)(1) No individual shall do any of the	15592
following without having a commercial applicator license issued by	15593
the director of agriculture:	15594

(a) Apply pesticides for a pesticide business without direct	15595
supervision;	15596

(b) Apply pesticides as part of the individual's duties while	15597
acting as an employee of the United States government, a state,	15598
county, township, or municipal corporation, or a park district,	15599
port authority, or sanitary district created under Chapter 1545.,	15600
4582., or 6115. of the Revised Code, respectively;	15601

(c) Apply restricted use pesticides. Division (A)(1)(c) of	15602
this section does not apply to a private applicator or an	15603
immediate family member or a subordinate employee of a private	15604
applicator who is acting under the direct supervision of that	15605
private applicator.	15606

(d) If the individual is the owner of a business other than a	15607
pesticide business or an employee of such an owner, apply	15608
pesticides at any of the following publicly accessible sites that	15609
are located on the property:	15610

(i) Food service operations that are licensed under Chapter	15611
3717. of the Revised Code;	15612

(ii) Retail food establishments that are licensed under	15613
Chapter 3717. of the Revised Code;	15614

(iii) Golf courses;

15615

(iv) Rental properties of more than four apartment units at	15616
one location;	15617

(v) Hospitals or medical facilities as defined in section	15618
3701.01 of the Revised Code;	15619

(vi) Child day-care centers or school child day-care centers	15620
as defined in section 5104.01 of the Revised Code;	15621

(vii) Facilities owned or operated by a school district	15622
established under Chapter 3311. of the Revised Code, including an	15623
education service center, a community school established under	15624
Chapter 3314. of the Revised Code, or a chartered or nonchartered	15625
nonpublic school that meets minimum standards established by the	15626
state board of education;	15627

(viii) Colleges as defined in section 3365.01 of the Revised	15628
Code;	15629

(ix) Food processing establishments as defined in section	15630
3715.021 of the Revised Code;	15631

(x) Any other site designated by rule.

15632

(e) Conduct authorized diagnostic inspections.

15633

(2) Divisions (A)(1)(a) to (d) of this section do not apply	15634
to an individual who is acting as a trained serviceperson under	15635
the direct supervision of a commercial applicator.	15636

(3) Licenses shall be issued for a period of time established	15637
by rule and shall be renewed in accordance with deadlines	15638
established by rule. The fee for each such license shall be	15639
established by rule. If a license is not issued or renewed, the	15640
application fee shall be retained by the state as payment for the	15641
reasonable expense of processing the application. The director	15642
shall by rule classify by pesticide-use category licenses to be	15643
issued under this section. A single license may include more than	15644
one pesticide-use category. No individual shall be required to pay	15645
an additional license fee if the individual is licensed for more	15646
than one category.	15647

The fee for each license or renewal does not apply to an	15648
applicant who is an employee of the department of agriculture	15649
whose job duties require licensure as a commercial applicator as a	15650
condition of employment.	15651

(B) Application for a commercial applicator license shall be	15652
made on a form prescribed by the director. Each application for a	15653
license shall state the pesticide-use category or categories of	15654
license for which the applicant is applying and other information	15655
that the director determines essential to the administration of	15656
this chapter.	15657

(C) If the director finds that the applicant is competent to	15658
apply pesticides and conduct diagnostic inspections and that the	15659
applicant has passed both the general examination and each	15660
applicable pesticide-use category examination as required under	15661
division (A) of section 921.12 of the Revised Code, the director	15662
shall issue a commercial applicator license limited to the	15663
pesticide-use category or categories for which the applicant is	15664
found to be competent. If the director rejects an application, the	15665
director may explain why the application was rejected, describe	15666
the additional requirements necessary for the applicant to obtain	15667
a license, and return the application. The applicant may resubmit	15668
the application without payment of any additional fee.	15669

(D)(1) A person who is a commercial applicator shall be	15670
deemed to hold a private applicator's license for purposes of	15671
applying pesticides on agricultural commodities that are produced	15672
by the commercial applicator.	15673

(2) A commercial applicator shall apply pesticides only in	15674
the pesticide-use category or categories in which the applicator	15675
is licensed under this chapter.	15676

(E) All money collected under this section shall be credited	15677
to the pesticide, fertilizer, and lime program fund created in	15678
section 921.22 of the Revised Code.	15679

Sec. 921.09. (A)(1) No person shall own or operate a	15680
pesticide business without obtaining a license from the director	15681
of agriculture. Licenses shall be issued for a period of time	15682
established by rule and shall be renewed in accordance with	15683
deadlines established by rule.	15684

(2) A person applying for a pesticide business license shall	15685
register each location that is owned by the person and used for	15686
the purpose of engaging in the pesticide business.	15687

(B) Any person who owns or operates a pesticide business	15688
outside of this state, but engages in the business of applying	15689
pesticides to properties of another for hire in this state, shall	15690
obtain a license for the person's principal out-of-state location	15691
from the director. In addition, the person shall register each	15692
location that is owned by the person in this state and used for	15693
the purpose of engaging in the pesticide business.	15694

(C)(1) The person applying for a pesticide business license	15695
shall file a statement with the director, on a form provided by	15696
the director, that shall include all of the following:	15697

(a) The address of the principal place of business of the	15698
pesticide business;	15699

(b) The address of each location that the person intends to	15700
register under division (A)(2) or (B) of this section;	15701

(c) Any other information that the director determines	15702
necessary and that the director requires by rule.	15703

(2) Each applicant shall pay a license fee established by	15704
rule for the pesticide business plus an additional fee established	15705
by rule for each pesticide business registered location specified	15706
in the application. The license may be renewed upon payment of a	15707
renewal fee established by rule plus an additional fee established	15708
by rule for each pesticide business registered location. A copy of	15709
the license shall be maintained and conspicuously displayed at	15710
each such location.	15711

(3) The issuance of a pesticide business license constitutes	15712
registration of any pesticide business location identified in the	15713
application under division (C)(1) of this section.	15714

(4) The owner or operator of a pesticide business shall	15715
notify the director not later than fifteen days after any change	15716
occurs in the information required under division (C)(1)(a) or (b)	15717
of this section.	15718

(D) The owner or operator of a pesticide business shall	15719
employ at least one commercial applicator for each pesticide	15720
business registered location the owner or operator owns or	15721
operates.	15722

(E) The owner or operator of a pesticide business is	15723
responsible for the acts of each employee in the handling,	15724
application, and use of pesticides and in the conducting of	15725
diagnostic inspections. The pesticide business license is subject	15726
to denial, modification, suspension, or revocation after a hearing	15727
for any violation of this chapter or any rule adopted or order	15728
issued under it. The director may levy against the owner or	15729
operator any civil penalties authorized by division (B) of section	15730
921.16 of the Revised Code for any violation of this chapter or	15731
any rule adopted or order issued under it that is committed by the	15732
owner or operator or by the owner's or operator's officer,	15733
employee, or agent.	15734

(F) The director may modify a license issued under this	15735
section by one of the following methods:	15736

(1) Revoking a licensee's authority to operate out of a	15737
particular pesticide business registered location listed under	15738
division (C)(1)(b) of this section;	15739

(2) Preventing a licensee from operating within a specific	15740
pesticide-use category.	15741

(G) The director may deny a pesticide business license to any	15742
person whose pesticide business license has been revoked within	15743
the previous thirty-six months.	15744

(H) Each pesticide business registered location that is owned	15745
by a pesticide business is subject to inspection by the director.	15746

(I) All money collected under this section shall be credited	15747
to the pesticide, fertilizer, and lime program fund created in	15748
section 921.22 of the Revised Code.	15749

Sec. 921.11. (A)(1) No individual shall apply restricted use	15750
pesticides unless the individual is one of the following:	15751

(a) Licensed under section 921.06 of the Revised Code;

15752

(b) Licensed under division (B) of this section;

15753

(c) A trained serviceperson who is acting under the direct	15754
supervision of a commercial applicator;	15755

(d) An immediate family member or a subordinate employee of a	15756
private applicator who is acting under the direct supervision of	15757
that private applicator.	15758

(2) No individual shall directly supervise the application of	15759
a restricted use pesticide unless the individual is one of the	15760
following:	15761

(a) Licensed under section 921.06 of the Revised Code;

15762

(b) Licensed under division (B) of this section.

15763

(B) The director of agriculture shall adopt rules to	15764
establish standards and procedures for the licensure of private	15765
applicators. An individual shall apply for a private applicator	15766
license to the director, on forms prescribed by the director. The	15767
individual shall include in the application the pesticide-use	15768
category or categories of the license for which the individual is	15769
applying and any other information that the director determines is	15770
essential to the administration of this chapter. The fee for each	15771
license shall be established by rule. Licenses shall be issued for	15772
a period of time established by rule and shall be renewed in	15773
accordance with deadlines established by rule. If a license is not	15774
issued or renewed, the state shall retain any fee submitted as	15775
payment for reasonable expenses of processing the application.	15776

(C) An individual who is licensed under this section shall	15777
use or directly supervise the use of a restricted use pesticide	15778
only for the purpose of producing agricultural commodities on	15779
property that is owned or rented by the individual or the	15780
individual's employer.	15781

(D) All money collected under this section shall be credited	15782
to the pesticide, fertilizer, and lime program fund created in	15783
section 921.22 of the Revised Code.	15784

Sec. 921.13. (A) Any person who is acting in the capacity of	15785
a pesticide dealer or who advertises or assumes to act as a	15786
pesticide dealer at any time shall obtain a pesticide dealer	15787
license from the director of agriculture. Licenses shall be	15788
issued for a period of time established by rule and shall be	15789
renewed in accordance with deadlines established by rule. A	15790
license is required for each location or outlet within this state	15791
from which the person distributes pesticides.	15792

Any pesticide dealer who has no pesticide dealer outlets in	15793
this state and who distributes restricted use pesticides directly	15794
into this state shall obtain a pesticide dealer license from the	15795
director for the pesticide dealer's principal out-of-state	15796
location or outlet and for each sales person operating in the	15797
state.	15798

The applicant shall include a license fee established by rule	15799
with the application for a license. The application shall be made	15800
on a form prescribed by the director.	15801

Each pesticide dealer shall submit records to the director of	15802
all of the restricted use pesticides the pesticide dealer has	15803
distributed, as specified by the director, and duplicate records	15804
shall be retained by the pesticide dealer for a period of time	15805
established by rules.	15806

(B) This section does not apply to any federal, state,	15807
county, or municipal agency that provides pesticides for its own	15808
programs.	15809

(C) Each licensed pesticide dealer is responsible for the	15810
acts of each employee in the solicitation and sale of pesticides	15811
and all claims and recommendations for use of pesticides. The	15812
pesticide dealer's license is subject to denial, suspension, or	15813
revocation after a hearing for any violation of this chapter	15814
whether committed by the pesticide dealer or by the pesticide	15815
dealer's officer, agent, or employee.	15816

(D) All money collected under this section shall be credited	15817
to the pesticide, fertilizer, and lime program fund created in	15818
section 921.22 of the Revised Code.	15819

Sec. 921.16. (A) The director of agriculture shall adopt	15820
rules the director determines necessary for the effective	15821
enforcement and administration of this chapter. The rules may	15822
relate to, but are not limited to, the time, place, manner, and	15823
methods of application, materials, and amounts and concentrations	15824
of application of pesticides, may restrict or prohibit the use of	15825
pesticides in designated areas during specified periods of time,	15826
and shall encompass all reasonable factors that the director	15827
determines necessary to minimize or prevent damage to the	15828
environment. In addition, the rules shall establish the deadlines	15829
and time periods for registration, registration renewal, late	15830
registration renewal, and failure to register under section 921.02	15831
of the Revised Code; the fees for registration, registration	15832
renewal, late registration renewal, and failure to register under	15833
section 921.02 of the Revised Code that shall apply until the fees	15834
that are established under that section take effect on January 1,	15835
2007; and the fees, deadlines, and time periods for licensure and	15836
license renewal under sections 921.06, 921.09, 921.11, and 921.13	15837
of the Revised Code.	15838

(B) The director shall adopt rules that establish a schedule	15839
of civil penalties for violations of this chapter, or any rule or	15840
order adopted or issued under it, provided that the civil penalty	15841
for a first violation shall not exceed five thousand dollars and	15842
the civil penalty for each subsequent violation shall not exceed	15843
ten thousand dollars. In determining the amount of a civil penalty	15844
for a violation, the director shall consider factors relevant to	15845
the severity of the violation, including past violations and the	15846
amount of actual or potential damage to the environment or to	15847
human beings. All money collected under this division shall be	15848
credited to the pesticide, fertilizer, and lime program fund	15849
created in section 921.22 of the Revised Code.	15850

(C) The director shall adopt rules that set forth the	15851
conditions under which the director:	15852

(1) Requires that notice or posting be given of a proposed	15853
application of a pesticide;	15854

(2) Requires inspection, condemnation, or repair of equipment	15855
used to apply a pesticide;	15856

(3) Will suspend, revoke, or refuse to issue any pesticide	15857
registration for a violation of this chapter;	15858

(4) Requires safe handling, transportation, storage, display,	15859
distribution, and disposal of pesticides and their containers;	15860

(5) Ensures the protection of the health and safety of	15861
agricultural workers storing, handling, or applying pesticides,	15862
and all residents of agricultural labor camps, as that term is	15863
defined in section 3733.41 of the Revised Code, who are living or	15864
working in the vicinity of pesticide-treated areas;	15865

(6) Requires a record to be kept of all pesticide	15866
applications made by each commercial applicator and by any trained	15867
serviceperson acting under the commercial applicator's direct	15868
supervision and of all restricted use pesticide applications made	15869
by each private applicator and by any immediate family member or	15870
subordinate employee of that private applicator who is acting	15871
under the private applicator's direct supervision as required	15872
under section 921.14 of the Revised Code;	15873

(7) Determines the pesticide-use categories of diagnostic	15874
inspections that must be conducted by a commercial applicator;	15875

(8) Requires a record to be kept of all diagnostic	15876
inspections conducted by each commercial applicator and by any	15877
trained service person.	15878

(D) The director shall prescribe standards for the licensure	15879
of applicators of pesticides consistent with those prescribed by	15880
the federal act and the regulations adopted under it or prescribe	15881
standards that are more restrictive than those prescribed by the	15882
federal act and the regulations adopted under it. The standards	15883
may relate to the use of a pesticide or to an individual's	15884
pesticide-use category.	15885

The director shall take into consideration standards of the	15886
United States environmental protection agency.	15887

(E) The director may adopt rules setting forth the conditions	15888
under which the director will:	15889

(1) Collect and examine samples of pesticides or devices;

15890

(2) Specify classes of devices that shall be subject to this	15891
chapter;	15892

(3) Prescribe other necessary registration information.

15893

(F) The director may adopt rules that do either or both of	15894
the following:	15895

(1) Designate, in addition to those restricted uses so	15896
classified by the administrator of the United States environmental	15897
protection agency, restricted uses of pesticides for the state or	15898
for designated areas within the state and, if the director	15899
considers it necessary, to further restrict such use;	15900

(2) Define what constitutes "acting under the instructions	15901
and control of a commercial applicator" as used in the definition	15902
of "direct supervision" in division (Q)(1) of section 921.01 of	15903
the Revised Code. In adopting a rule under division (F)(2) of this	15904
section, the director shall consider the factors associated with	15905
the use of pesticide in the various pesticide-use categories.	15906
Based on consideration of the factors, the director may define	15907
"acting under the instructions and control of a commercial	15908
applicator" to include communications between a commercial	15909
applicator and a trained serviceperson that are conducted via	15910
landline telephone or a means of wireless communication. Any rules	15911
adopted under division (F)(2) of this section shall be drafted in	15912
consultation with representatives of the pesticide industry.	15913

(G) Except as provided in division (D) of this section, the	15914
director shall not adopt any rule under this chapter that is	15915
inconsistent with the requirements of the federal act and	15916
regulations adopted thereunder.	15917

(H) The director, after notice and opportunity for hearing,	15918
may declare as a pest any form of plant or animal life, other than	15919
human beings and other than bacteria, viruses, and other	15920
microorganisms on or in living human beings or other living	15921
animals, that is injurious to health or the environment.	15922

(I) The director may make reports to the United States	15923
environmental protection agency, in the form and containing the	15924
information the agency may require.	15925

(J) The director shall adopt rules for the application, use,	15926
storage, and disposal of pesticides if, in the director's	15927
judgment, existing programs of the United States environmental	15928
protection agency necessitate such rules or pesticide labels do	15929
not sufficiently address issues or situations identified by the	15930
department of agriculture or interested state agencies.	15931

(K) The director shall adopt rules establishing all of the	15932
following:	15933

(1) Standards, requirements, and procedures for the	15934
examination and re-examination of commercial applicators and	15935
private applicators;	15936

(2) With respect to training programs that the director may	15937
require commercial applicators and private applicators to	15938
complete:	15939

(a) Standards and requirements that a training program must	15940
satisfy in order to be offered by the director or the director's	15941
representative or in order to be approved by the director if a	15942
third party wishes to offer it;	15943

(b) Eligibility standards and requirements that must be	15944
satisfied by third parties who wish to provide the training	15945
programs;	15946

(c) Procedures that third parties must follow in order to	15947
submit a proposed training program to the director for approval;	15948

(d) Criteria that the director must consider when determining	15949
whether to authorize a commercial applicator or private applicator	15950
to participate in a training program instead of being required to	15951
pass a re-examination.	15952

(3) Training requirements for a trained serviceperson.

15953

(L) The director shall adopt all rules under this chapter in	15954
accordance with Chapter 119. of the Revised Code.	15955

Sec. 921.22. The pesticide, fertilizer, and lime program	15956
fund is hereby created in the state treasury. ~~The portion of the~~	15957
~~money in the fund that is collected under this chapter shall be~~	15958
~~used to carry out the purposes of this chapter. The portion of the~~	15959
~~money in the fund that is collected under section 927.53 of the~~	15960
~~Revised Code shall be used to carry out the purposes specified in~~	15961
~~that section, the portion of the money in the fund that is~~	15962
~~collected under section 927.69 of the Revised Code shall be used~~	15963
~~to carry out the purposes specified in that section, and the~~	15964
~~portion of the money in the fund that is collected under section~~	15965
~~927.701 of the Revised Code shall be used to carry out the~~	15966
~~purposes of that section.~~ The fund shall consist of ~~fees collected~~	15967
~~under sections 921.01 to 921.15, division (F) of section 927.53,~~	15968
~~and section 927.69 of the Revised Code, money collected under~~	15969
~~section 927.701~~money credited to it under this chapter and	15970
Chapter 905. of the Revised Code,and rules adopted under them and	15971
all fines, penalties, costs, and damages, except court costs, that	15972
are collected by either the director of agriculture or the	15973
attorney general in consequence of any violation of ~~this chapter~~	15974
those chapters or rules adopted under them. The director shall use	15975
money in the fund to administer and enforce those chapters and	15976
rules adopted under them.	15977

The director shall keep accurate records of all receipts into	15978
and disbursements from the fund and shall prepare, and provide	15979
upon request, an annual report classifying the receipts and	15980
disbursements that pertain to pesticides, fertilizers, or lime.	15981

Sec. 921.27. (A) If the director of agriculture has	15982
reasonable cause to believe that a pesticide or device is being	15983
distributed, stored, transported, or used in violation of this	15984
chapter or of any rules, it shall be subject to seizure on	15985
complaint of the director to a court of competent jurisdiction in	15986
the locality in which the pesticide or device is located.	15987

(B) If the article is condemned, it shall, after entry or	15988
decree, be disposed of by destruction or sale as the court may	15989
direct and the proceeds, if the article is sold, less legal costs,	15990
shall be paid to the pesticide, fertilizer, and lime program fund	15991
created in section 921.22 of the Revised Code. The article shall	15992
not be sold contrary to this section. Upon payment of costs and	15993
execution and delivery of a good and sufficient bond conditioned	15994
that the article shall not be disposed of unlawfully, the court	15995
may direct that the article be delivered to the owner thereof for	15996
relabeling or reprocessing.	15997

Sec. 921.29. Fines, penalties, costs, and damages assessed	15998
against a person in consequence of violations of this chapter, as	15999
provided in this chapter or any other section of the Revised Code,	16000
shall be a lien in favor of the state upon the real and personal	16001
property of the person, upon the filing of a judgment or an order	16002
of the director of agriculture with the county in which the real	16003
and personal property is located. The real and personal property	16004
of the person shall be liable to execution for the fines,	16005
penalties, costs, and damages by the attorney general, who shall	16006
deposit any proceeds from an execution upon the property in the	16007
pesticide, fertilizer, and lime program fund created in section	16008
921.22 of the Revised Code.	16009

Sec. 923.44. (A)(1) Except as otherwise provided in	16010
divisions (A)(2), (3), and (4) of this section, the first	16011
distributor of a commercial feed shall pay the director of	16012
agriculture a semiannual inspection fee at the rate of twenty-five	16013
cents per ton, with a minimum payment of twenty-five dollars, on	16014
all commercial feeds distributed by the first distributor in this	16015
state.	16016

(2) The semiannual inspection fee required under division	16017
(A)(1) of this section shall not be paid by the first distributor	16018
of a commercial feed if the distribution is made to an exempt	16019
buyer who shall be responsible for the fee. The director shall	16020
establish an exempt list consisting of those buyers who are	16021
responsible for the fee.	16022

(3) The semiannual inspection fee shall not be paid on a	16023
commercial feed if the fee has been paid by a previous	16024
distributor.	16025

(4) The semiannual inspection fee shall not be paid on	16026
customer-formula feed if the fee has been paid on the commercial	16027
feeds that are used as components in that customer-formula feed.	16028

(B) Each distributor or exempt buyer who is required to pay a	16029
fee under division (A)(1) or (2) of this section shall file a	16030
semiannual statement with the director that includes the number of	16031
net tons of commercial feed distributed by the distributor or	16032
exempt buyer in this state, within thirty days after the thirtieth	16033
day of June and within thirty days after the thirty-first day of	16034
December, respectively, of each calendar year.	16035

The inspection fee at the rate stated in division (A)(1) of	16036
this section shall accompany the statement. For a tonnage report	16037
that is not filed or payment of inspection fees that is not made	16038
within fifteen days after the due date, a penalty of ten per cent	16039
of the amount due, with a minimum penalty of fifty dollars shall	16040
be assessed against the distributor or exempt buyer. The amount of	16041
fees due, plus penalty, shall constitute a debt and become the	16042
basis of a judgment against the distributor or exempt buyer.	16043

(C) No information furnished under this section shall be	16044
disclosed by an employee of the department of agriculture in such	16045
a way as to divulge the operation of any person required to make	16046
such a report.	16047

(D) All money collected under this section shall be credited	16048
to the commercial feed and seed fund created in section 923.46 of	16049
the Revised Code.	16050

Sec. 923.46. ~~All moneys collected by the director of~~	16051
~~agriculture under sections 923.41 to 923.55 of the Revised Code~~	16052
~~shall be deposited into the state treasury to the credit of the~~	16053
The commercial feed~~, fertilizer,~~and seed~~, and lime inspection and~~	16054
~~laboratory~~ fund is hereby created in ~~section 905.38~~the state	16055
treasury. The fund shall consist of money credited to it under	16056
this chapter and Chapter 907. of the Revised Code.	16057

The director shall ~~prepare and provide a report concerning~~	16058
~~the fund in accordance with section 905.381 of the Revised Code~~	16059
keep accurate records of all receipts into and disbursements from	16060
the fund and shall prepare, and provide upon request, an annual	16061
report classifying the receipts and disbursements that pertain to	16062
commercial feed or seed.	16063

Sec. 927.51. As used in sections 927.51 to ~~927.74~~927.73 of	16064
the Revised Code:	16065

(A) "Collected plant" means any plant dug or gathered from	16066
any wood lot, field, forest, or any other location in which such a	16067
plant is found growing in its native habitat.	16068

(B) "Collector" means any person who collects, for sale,	16069
plants from wood lots, fields, forests, or other native habitat.	16070

(C) "Dealer" means any person other than a nurseryman who	16071
offers for sale, sells, or distributes nursery stock, either	16072
exclusively or in connection with other merchandise, in or from	16073
any nursery, store, sales ground, stand, lot, truck, railway car,	16074
or other vehicle. "Dealer" includes any landscaper who sells or	16075
offers for sale nursery stock as a part of a grounds improvement	16076
project ~~which~~that may involve the installation of such plants.	16077

(D) "Hardy," when applied to plants and bulbs, whether wild	16078
or cultivated, means capable of surviving the normal winter	16079
temperatures of this state.	16080

(E) "Host" means any plant or plant product from which any	16081
pest derives its food supply, or upon which it depends for its	16082
well being or to complete any part of its life cycle.	16083

(F) "Infested" means containing or harboring one or more	16084
pests or infected with one or more pests.	16085

(G) "Nursery" means any grounds or premises on or in which	16086
nursery stock is propagated or grown for sale.	16087

(H) "Nurseryman" means a person who owns, leases, manages, or	16088
is in charge of a nursery.	16089

(I) "Nursery stock" means:

16090

(1) Any hardy tree, shrub, plant, or bulb, whether wild or	16091
cultivated, except turfgrass, and any cutting, graft, scion, or	16092
bud thereof;	16093

(2) Any nonhardy plant, or plant part, ~~which~~that is to be	16094
offered for sale in any state ~~which~~that requires inspection and	16095
certification of ~~such~~the plant or plant part as a condition of	16096
entrance therein.	16097

(J) "Person" means any corporation, company, society,	16098
association, partnership, individual or combination of	16099
individuals, institution, park, or any public agency administered	16100
by the state or any subdivision of the state.	16101

(K) "Pest" means any insect, mite, nematode, bacteria,	16102
fungus, virus, parasitic plant, or any other organism or any stage	16103
of any such organism ~~which~~that causes, or is capable of causing,	16104
injury, disease, or damage to any plant, plant part, or plant	16105
product.	16106

(L) "Place of business" means each separate location from	16107
which nursery stock is sold, offered for sale, or distributed.	16108

(M) "Intensive production area" means a place where nursery	16109
stock is propagated or grown using greenhouses, liner beds, lath	16110
beds, or containers.	16111

(N) "Nonintensive production area" means any place where	16112
nursery stock is propagated or grown as field stock.	16113

(O) "Forced floral plants" means plants with desirable flower	16114
characteristics in which the bloom is artificially induced at an	16115
unnatural time of the year.	16116

Sec. 927.52. (A) The director of agriculture shall adopt and	16117
enforce any rules that are necessary to carry out sections 927.51	16118
to ~~927.74~~927.73 of the Revised Code.	16119

(B) The director may revoke, suspend, or refuse to issue any	16120
nursery certificate or dealer's license for any violation of	16121
sections 927.51 to 927.71 of the Revised Code, or of any rules	16122
adopted under those sections.	16123

(C) The director may publish reports describing nursery	16124
inspection and pest control operations authorized by sections	16125
927.51 to 927.71 of the Revised Code.	16126

Sec. 927.53. (A) Each collector or dealer who sells, offers,	16127
or exposes for sale, or distributes nursery stock within this	16128
state, or ships nursery stock to other states, shall pay an annual	16129
license fee of ~~fifty~~one hundred twenty-five dollars to the	16130
director of agriculture for each place of business the collector	16131
or dealer operates.	16132

(B)(1) Each dealer shall furnish the director, annually, an	16133
affidavit that the dealer will buy and sell only nursery stock	16134
which has been inspected and certified by an official state or	16135
federal inspector.	16136

(2) Each dealer's license expires on the thirty-first day of	16137
December of each year. Each licensed dealer shall apply for	16138
renewal of the dealer's license prior to the first day of January	16139
of each year and in accordance with the standard renewal procedure	16140
of sections 4745.01 to 4745.03 of the Revised Code.	16141

(C) Each licensed nurseryperson shall post conspicuously in	16142
the nurseryperson's principal place of business, the certificate	16143
which is issued to the nurseryperson in accordance with section	16144
927.61 of the Revised Code.	16145

(D) Each licensed nurseryperson, or dealer, shall post	16146
conspicuously in each place of business, each certificate or	16147
license which is issued to the nurseryperson or dealer in	16148
compliance with this section or section 927.61 of the Revised	16149
Code.	16150

(E)(1) Each nurseryperson who produces, sells, offers for	16151
sale, or distributes woody nursery stock within the state, or	16152
ships woody nursery stock to other states, shall pay to the	16153
director an annual inspection fee of ~~fifty~~one hundred dollars	16154
plus ~~four~~eleven dollars per acre, or fraction thereof, of growing	16155
nursery stock in intensive production areas and ~~two~~seven dollars	16156
per acre, or fraction thereof, of growing nursery stock in	16157
nonintensive production areas, as applicable.	16158

(2) Each nurseryperson who limits production and sales of	16159
nursery stock to brambles, herbaceous, perennial, and other	16160
nonwoody plants, shall pay to the director an inspection fee of	16161
~~thirty~~one hundred dollars, plus ~~four~~eleven dollars per acre, or	16162
fraction thereof, of growing nursery stock in intensive and	16163
nonintensive production areas.	16164

(F) ~~On and after the effective date of this amendment, the~~	16165
~~following additional fees shall be assessed:~~	16166

~~(1) Each collector or dealer who pays a fee under division~~	16167
~~(A) of this section shall pay an additional fee of twenty-five~~	16168
~~dollars.~~	16169

~~(2) Each nurseryperson who pays fees under division (E)(1) of~~	16170
~~this section shall pay additional fees as follows:~~	16171

~~(a) Fifteen dollars for the inspection fee;~~

16172

~~(b) Fifty cents per acre, or fraction thereof, of growing~~	16173
~~nursery stock in intensive production areas;~~	16174

~~(c) One dollar and fifty cents per acre, or fraction thereof,~~	16175
~~of growing nursery stock in nonintensive production areas.~~	16176

~~(3) Each nursery person who pays fees under division (E)(2)~~	16177
~~of this section shall pay additional fees as follows:~~	16178

~~(a) Thirty-five dollars for the inspection fee;~~

16179

~~(b) Fifty cents per acre, or fraction thereof, of growing~~	16180
~~stock in intensive and nonintensive production areas.~~The	16181

~~The~~ fees collected under ~~division (F) of~~ this section shall	16182
be ~~deposited into the state treasury~~credited to the ~~credit of the~~	16183
~~pesticide~~plant pest program fund created in ~~Chapter 921.~~section	16184
927.54 of the Revised Code. ~~Moneys so credited to the fund shall~~	16185
~~be used to pay the costs incurred by the department of agriculture~~	16186
~~in administering this chapter, including employing a minimum of~~	16187
~~two additional inspectors.~~	16188

Sec. 927.54. The plant pest program fund is hereby created in	16189
the state treasury. The fund shall consist of money credited to it	16190
under this chapter and any rules adopted under it. The director of	16191
agriculture shall use money in the fund to administer this	16192
chapter.	16193

The director shall keep accurate records of all receipts into	16194
and disbursements from the fund and shall prepare, and provide	16195
upon request, an annual report classifying the receipts and	16196
disbursements that pertain to plant pests.	16197

Sec. 927.56. (A) Each nurseryman, dealer, or collector of	16198
nursery stock, who resides in or has his principal place of	16199
business in another state and who sends nursery stock into this	16200
state without having a bona fide order in advance for all such	16201
nursery stock, shall obtain the same license ~~which~~that is	16202
required by section 927.53 of the Revised Code.	16203

(B) The director of agriculture may enter into such	16204
reciprocal contracts and agreements as hethe director determines	16205
proper and expedient, with the proper authorities of other states	16206
or of the federal government to regulate the shipment, sale, and	16207
distribution of nursery stock in this state by persons residing in	16208
or located in another state, in accordance with sections 927.51 to	16209
~~927.74, inclusive,~~927.73 of the Revised Code.	16210

Sec. 927.69. To effect the purpose of sections 927.51 to	16211
~~927.74~~927.73 of the Revised Code, the director of agriculture or	16212
the director's authorized representative may:	16213

(A) Make reasonable inspection of any premises in this state	16214
and any property therein or thereon;	16215

(B) Stop and inspect in a reasonable manner, any means of	16216
conveyance moving within this state upon probable cause to believe	16217
it contains or carries any pest, host, commodity, or other article	16218
that is subject to sections 927.51 to 927.72 of the Revised Code;	16219

(C) Conduct inspections of agricultural products that are	16220
required by other states, the United States department of	16221
agriculture, other federal agencies, or foreign countries to	16222
determine whether the products are infested. If, upon making such	16223
an inspection, the director or the director's authorized	16224
representative determines that an agricultural product is not	16225
infested, the director or the director's authorized representative	16226
may issue a certificate, as required by other states, the United	16227
States department of agriculture, other federal agencies, or	16228
foreign countries, indicating that the product is not infested.	16229

If the director charges fees for any of the certificates,	16230
agreements, or inspections specified in this section, the fees	16231
shall be as follows:	16232

(1) Phyto sanitary certificates, twenty-five dollars for	16233
those collectors or dealers that are licensed under section 927.53	16234
of the Revised Code;	16235

(2) Phyto sanitary certificates, one hundred dollars for all	16236
others;	16237

(3) Compliance agreements, ~~twenty~~forty dollars;

16238

~~(3) Solid wood packing certificates, twenty dollars;~~

16239

(4) Agricultural products and their conveyances inspections,	16240
an amount equal to the hourly rate of pay in the highest step in	16241
the pay range, including fringe benefits, of a plant pest control	16242
specialist multiplied by the number of hours worked by such a	16243
specialist in conducting an inspection.	16244

The director may adopt rules under section 927.52 of the	16245
Revised Code that define the certificates, agreements, and	16246
inspections.	16247

The fees shall be ~~deposited into the state treasury~~credited	16248
to the ~~credit of the pesticide~~plant pest program fund created in	16249
~~Chapter 921.~~section 927.54 of the Revised Code. ~~Money credited to~~	16250
~~the fund shall be used to pay the costs incurred by the department~~	16251
~~of agriculture in administering this chapter, including employing~~	16252
~~a minimum of two additional inspectors.~~	16253

Sec. 927.70. (A) No person shall knowingly permit any plant	16254
pest ~~which~~that has been determined to be destructive or	16255
dangerously harmful by the director of agriculture, in compliance	16256
with procedures required by division (A) of section 927.52 of the	16257
Revised Code, to exist in or on ~~his~~the person's premises.	16258

(B) Whenever the director or ~~his~~the director's authorized	16259
representative finds any article or commodity to be infested or	16260
has reason to believe it to be infested, or finds that a host or	16261
pest exists on any premises, or is in transit in this state, he	16262
the director may:	16263

(1) Upon giving notice to the owner or ~~his~~the owner's agent	16264
in possession thereof, seize, quarantine, treat, or otherwise	16265
dispose of ~~such~~the pest, host, article, or commodity in such	16266
manner as hethe director determines necessary to suppress,	16267
control, eradicate, or to prevent or retard the spread of a pest;	16268

(2) Order ~~such~~the owner or agent to so treat or otherwise	16269
dispose of the pest, host, article, or commodity.	16270

(C) If the owner or person in charge of ~~such~~the premises	16271
refuses or neglects to carry out the orders of the director within	16272
seven days after receiving written notice, the director may treat	16273
the premises; treat or destroy the infested plants or plant	16274
material; or apply any other preventive or remedial measure ~~which~~	16275
hethat the director determines necessary. The expense of any such	16276
preventative or remedial measures shall be assessed, collected,	16277
and enforced, as taxes are assessed, collected, and enforced,	16278
against the premises upon which ~~such~~the expense was incurred. The	16279
amount of ~~such~~the expense when collected shall be ~~paid to the~~	16280
~~director and by him deposited with the treasurer of state~~credited	16281
to the plant pest program fund created in section 927.54 of the	16282
Revised Code.	16283

Sec. 927.701. (A) As used in this section, "gypsy moth"	16284
means the live insect, Lymantria dispar, in any stage of	16285
development.	16286

(B) The director of agriculture may establish a voluntary	16287
gypsy moth suppression program under which a landowner may request	16288
that the department of agriculture have the landowner's property	16289
aerially sprayed to suppress the presence of gypsy moths in	16290
exchange for payment from the landowner of a portion of the cost	16291
of the spraying. To determine the ~~amount of payment that is due~~	16292
~~from a landowner~~total cost per acre, the department ~~first~~ shall	16293
~~determine the projected cost per acre to the department of gypsy~~	16294
~~moth suppression activities for the year in which the landowner's~~	16295
~~request is made. The cost shall be calculated by determining the~~	16296
~~total expense of aerial spraying for gypsy moths to be incurred by~~	16297
~~the department in that year divided by the total number of acres~~	16298
~~proposed to be sprayed in that year. With respect to a landowner~~	16299
add the per-acre cost of the product selected by the landowner to	16300
suppress gypsy moths and the per-acre cost of applying the product	16301
as determined by the director in rules. To determine the aggregate	16302
total cost, the department shall multiply the total cost per acre	16303
by the number of acres that the landowner requests to be sprayed.	16304
The department shall add to that amount any administrative costs	16305
that it incurs in billing the landowner and collecting payment.	16306
~~The amount that the landowner shall pay to the department shall~~	16307
~~not exceed fifty per cent of the resulting amount.~~The portion of	16308
the cost that is assessed to the landowner, if any, shall be	16309
determined by the funding that is allocated to the department by	16310
the federal and state gypsy moth suppression programs.	16311

(C) The director shall adopt rules under Chapter 119. of the	16312
Revised Code to establish procedures under which a landowner may	16313
make a request under division (B) of this section, to establish	16314
the per-acre cost of applying product to suppress gypsy moths, and	16315
to establish provisions governing agreements between the	16316
department and landowners concerning gypsy moth suppression	16317
together with any other provisions that the director considers	16318
appropriate to administer this section.	16319

(D) The director shall deposit all money collected under this	16320
section ~~into the state treasury~~ to the credit of the ~~pesticide~~	16321
plant pest program fund created in ~~Chapter 921.~~section 927.54 of	16322
the Revised Code. Money credited to the fund under this section	16323
shall be used for the suppression of gypsy moths in accordance	16324
with this section.	16325

Sec. 927.71. (A) The director of agriculture, in accordance	16326
with Chapter 119. of the Revised Code, may quarantine:	16327

(1) This state or any portion thereof when hethe director	16328
determines that such action is necessary to prevent or retard the	16329
spread of a pest into, within, or from this state;	16330

(2) Any other state or portion thereof when hethe director	16331
determines that a pest exists therein and that such action is	16332
necessary to prevent or retard its spread into this state.	16333

(B) The director may limit the application of a quarantine to	16334
the infested portions of the quarantined area and appropriate	16335
environs, to be known as the regulated area, and may, without	16336
further hearing, extend the regulated area to include additional	16337
portions of the quarantined area either:	16338

(1) Upon publication of a notice to that effect in such	16339
newspapers in the quarantined area as hethe director may select;	16340

(2) Upon written notice to those concerned.

16341

(C) Following establishment of a quarantine, no person shall	16342
move any regulated article described in the quarantine, or move	16343
the pest against which the quarantine is established, within,	16344
from, into, or through this state contrary to ~~regulations~~	16345
~~promulgated~~rules adopted by the director without prior permission	16346
or order of the director.	16347

(D) A ~~regulation~~rule may restrict the movement of a pest and	16348
any regulated article from the quarantined or regulated area in	16349
this state into or through other parts of this state or other	16350
states and from the quarantine or regulated area in other states	16351
into or through this state and may impose such inspection,	16352
disinfection, certification, permit, or other requirements as the	16353
director determines necessary to effectuate the purpose of	16354
sections 927.51 to ~~927.74, inclusive,~~927.73 of the Revised Code.	16355

Sec. 942.01. As used in sections 942.01 to 942.13 of the	16356
Revised Code:	16357

(A) "Conveyance" means a vehicle, trailer, or compartment	16358
that is used to transport raw rendering material.	16359

(B) "Garbage" means all waste material derived in whole or in	16360
part from the meat of any animal, including fish and poultry, or	16361
other animal material, and other refuse of any character that has	16362
been associated with such waste material resulting from the	16363
handling, preparation, cooking, or consumption of food.	16364

~~(B)~~(C) "Person" means any individual, corporation,	16365
partnership, association, society, company, firm, or other legal	16366
entity.	16367

~~(C)~~(D) "Raw rendering material" has the same meaning as in	16368
section 953.21 of the Revised Code.	16369

(E) "Treated garbage" means any edible garbage for	16370
consumption by swine that has been heated at boiling point while	16371
being agitated, except in steam cooking equipment, to ensure that	16372
the garbage is heated throughout for thirty minutes under the	16373
supervision of a person licensed pursuant to section 942.02 of the	16374
Revised Code.	16375

Sec. 942.02. (A) No person shall feed on ~~his~~the person's	16376
premises, or permit the feeding of, treated garbage to swine	16377
without a license to do so issued by the department of	16378
agriculture.	16379

(B) An application for a license to feed treated garbage	16380
shall be made in writing on a form prescribed by the director of	16381
agriculture.	16382

(C) A license shall be renewed before the thirty-first day of	16383
December of each year, and an application for renewal shall be	16384
filed before the thirtieth day of November of each year.	16385

(D) The fee for the license shall be ~~fifty~~one hundred	16386
dollars per annum. A late fee of fifty dollars shall be paid for	16387
each application that is received after the thirtieth day of	16388
November each year.	16389

(E) All money collected under this section shall be credited	16390
to the animal and consumer analytical laboratory fund created in	16391
section 901.43 of the Revised Code.	16392

Sec. 942.06. (A) Equipment used for handling garbage,	16393
except for the containers in which the garbage is treated, and	16394
conveyances shall not subsequently be used in the feeding of swine	16395
unless first cleaned and disinfected in accordance with directions	16396
on the labels of one of the following disinfectants approved by	16397
the "Federal Insecticide, Fungicide and Rodenticide Act," 61 Stat.	16398
163 (1947), 7 U.S.C.A. 136, as amended:	16399

(1) A registered brand of sodium orthophenylphenate;

16400

(2) A registered cresylic disinfectant, provided that the	16401
conditions set forth under 9 C.F.R. 71.10 and 77.11 are met;	16402

(3) Disinfectants with tuberculocidal claims and labeled as	16403
efficacious against any species within the viral genus herpes.	16404

(B) Treated or untreated garbage that is not fed to swine and	16405
materials associated with such garbage shall be disposed of in a	16406
manner consistent with all applicable federal and state laws and	16407
in an area inaccessible to the swine.	16408

(C) All refuse resulting from feeding treated garbage to	16409
swine, that is not fed to swine shall be disposed of in a manner	16410
so as to prevent the attraction of insects and rodents or the	16411
contamination of adjoining property.	16412

(D) The premises, vehicles, and equipment used in the feeding	16413
of treated garbage to swine shall be subject to inspection by the	16414
department of agriculture during regular business hours. If the	16415
director of agriculture or ~~his~~the director's designee is denied	16416
access to any premises as authorized under this division, hethe	16417
director or the director's designee may apply to any court of	16418
competent jurisdiction for a search warrant authorizing access to	16419
the requested premises. Upon receipt of an application for a	16420
search warrant, the court may issue a search warrant for the	16421
purposes requested.	16422

(E)(1) The owner of the premises, vehicles, and equipment	16423
used in the feeding of treated garbage to swine and licensed	16424
pursuant to section 942.02 of the Revised Code shall be	16425
responsible for cleaning and disinfecting them with no expense to	16426
the department.	16427

(2) The owner of a conveyance is responsible for cleaning and	16428
disinfecting the conveyance with no expense to the department.	16429

Sec. 942.13. This chapter does not apply to ~~any~~either of	16430
the following:	16431

(A) An individual who feeds garbage from ~~his~~the individual's	16432
household to ~~his~~the individual's own animals or ~~to any~~an	16433
individual who only feeds bakery waste, candy waste, eggs,	16434
vegetables, or dairy products to swine;	16435

(B) Rendered products. As used in this division, "rendered	16436
product" means raw rendering material that has been ground and	16437
heated to a minimum temperature of two hundred thirty degrees	16438
Fahrenheit to make products such as animal, poultry, or fish	16439
protein, grease, or tallow.	16440

Sec. 943.01. As used in sections 943.01 to 943.18 of the	16441
Revised Code:	16442

(A) "Animals" or "livestock" means horses, mules, and other	16443
equidae, cattle, sheep, and goats and other bovidae, swine and	16444
other suidae, poultry, alpacas, and llamas.	16445

(B) "Dealer" or "broker" means any person found by the	16446
department of agriculture buying, receiving, selling,	16447
slaughtering, with the exception of those persons designated by	16448
division (B)(1) of section 918.10 of the Revised Code, exchanging,	16449
negotiating, or soliciting the sale, resale, exchange, or transfer	16450
of any animals in an amount of more than two hundred fifty head of	16451
cattle, horses, or other equidae or five hundred head of sheep,	16452
goats, or other bovidae or, swine and other suidae or, poultry,	16453
alpacas, or llamas during any one year. "Dealer" or "broker"	16454
does not mean any of the following:	16455

(1) Any railroad or other carrier transporting animals either	16456
interstate or intrastate;	16457

(2) Any person who by dispersal sale is permanently	16458
discontinuing the business of farming, dairying, breeding,	16459
raising, or feeding animals;	16460

(3) Any person who sells livestock that has been raised from	16461
birth on the premises of the person;	16462

(4) Any person who buys or receives animals for grazing or	16463
feeding purposes at a premises owned or controlled by the person	16464
and sells or disposes of the animals after the minimum grazing or	16465
feeding period of thirty days;	16466

(5) Any person who places livestock in facilities other than	16467
the person's own pursuant to a written agreement for feeding or	16468
finishing, provided that the person retains legal and equitable	16469
title to the livestock during the term of the agreement.	16470

The exemptions set forth in divisions (B)(1) to (5) of this	16471
section are exclusive of those activities requiring licensure	16472
under this chapter, so that a person shall be deemed to be a	16473
dealer or broker or subject to divisions (B)(1) to (5) of this	16474
section, but shall not be, or be subject to, both. No person who	16475
is a licensed dealer or broker and whose license is suspended	16476
shall have livestock or animals exempted pursuant to divisions	16477
(B)(1) to (5) of this section.	16478

(C) "Employee" means any person employed by a dealer or	16479
broker to act in the dealer's or broker's behalf to buy, sell,	16480
exchange, negotiate, or solicit sale or resale of animals in the	16481
dealer's or broker's name.	16482

(D) "Small dealer" means any person found by the department	16483
buying, receiving, selling, slaughtering, with the exception of	16484
those persons designated by division (B)(1) of section 918.10 of	16485
the Revised Code, exchanging, negotiating, or soliciting the sale,	16486
resale, exchange, or transfer of any animals in an amount of two	16487
hundred fifty head or less of cattle, horses, or other equidae or	16488
five hundred head or less of sheep, goats, or other bovidae, swine	16489
or other suidae, poultry, alpacas, or llamas during any one year.	16490

Sec. 943.02. (A) No person shall act as a small dealer,	16491
dealer, or broker without first being licensed. No person shall be	16492
an employee of more than one small dealer, dealer, or broker.	16493
Except as provided in division (B) of this section, no person	16494
holding a license as a small dealer, dealer, or broker shall be an	16495
employee. No employee shall act for any small dealer, dealer, or	16496
broker unless the small dealer, dealer, or broker is licensed, and	16497
has designated the employee to act in ~~his~~the small dealer's,	16498
dealer's, or broker's behalf and has notified the department of	16499
agriculture in ~~his~~the application for license or has given	16500
official notice in writing of the appointment of the employee. The	16501
small dealer, dealer, or broker shall be accountable and	16502
responsible for all contracts pertaining to the purchase,	16503
exchange, or sale of livestock made by the employee. The small	16504
dealer, dealer, or broker who terminates the services of an	16505
employee shall notify the department in writing of the employee's	16506
termination. No person who is a licensed small dealer, dealer, or	16507
broker shall have livestock exempted pursuant to divisions (B)(1)	16508
~~through (5)~~to (6) of section 943.01 of the Revised Code.	16509

(B) A small dealer, dealer, or broker may be an employee of	16510
other small dealers, dealers, or brokers only when hethe small	16511
dealer, dealer, or broker so employed is a soliciting agent for a	16512
video auction.	16513

(C) The director of agriculture shall define by rule	16514
"soliciting agent" and "video auction" for the purposes of this	16515
section.	16516

Sec. 943.031. (A) Application for a license as a small	16517
dealer shall be made in writing to the department of agriculture.	16518
The application shall state the nature of the business, the	16519
municipal corporation or township, county, and post-office address	16520
of the location where the business is to be conducted, the name of	16521
any employee who is authorized to act in the small dealer's	16522
behalf, and any additional information that the department	16523
prescribes.	16524

(B) The applicant shall satisfy the department of the	16525
applicant's character and good faith in seeking to engage in the	16526
business of a small dealer. The department then shall issue to the	16527
applicant a license to conduct the business of a small dealer at	16528
the place named in the application. Licenses, unless revoked,	16529
shall expire annually on the thirty-first day of March and shall	16530
be renewed according to the standard renewal procedure established	16531
in sections 4745.01 to 4745.03 of the Revised Code.	16532

(C) No license shall be issued by the department to a small	16533
dealer having weighing facilities until the applicant has filed	16534
with the department a copy of a scale test certificate showing the	16535
weighing facilities to be in satisfactory condition, a copy of the	16536
license of each weigher employed by the applicant, and a	16537
certificate of inspection by the department showing livestock	16538
market facilities to be in satisfactory sanitary condition.	16539

(D) No licensed small dealer shall employ as an employee a	16540
person who, as a small dealer, dealer, or broker, previously	16541
defaulted on contracts pertaining to the purchase, exchange, or	16542
sale of livestock until the licensee does both of the following:	16543

(1) Appears at a hearing before the director of agriculture	16544
or the director's designee conducted in accordance with Chapter	16545
119. of the Revised Code pertaining to that person;	16546

(2) Signs and files with the director an agreement that	16547
guarantees, without condition, all contracts pertaining to the	16548
purchase, exchange, or sale of livestock made by the person while	16549
in the employ of the licensee. The director shall prescribe the	16550
form and content of the agreement.	16551

(E) A licensed small dealer is not required to maintain	16552
financial responsibility or furnish proof of financial	16553
responsibility.	16554

Sec. 943.04. (A) Fees for the initial issuance of any license	16555
issued pursuant to sections 943.02 ~~and~~, 943.03, and 943.031 of the	16556
Revised Code, shall be paid to the department of agriculture.	16557

(B) All annual renewal fees for ~~such~~the licenses shall be	16558
paid by the applicant for ~~such~~the renewal of a license on or	16559
before the thirty-first day of March of each year to the treasurer	16560
of state. ~~Such~~Except for license fees for small dealers, the fees	16561
shall be based on the number of head of livestock purchased, sold,	16562
or exchanged, in this state, whichever is the greatest, during the	16563
preceding calendar year. ~~Such~~Those fees for dealers or brokers	16564
shall be as follows:	16565

Less than 1,000 head .......... ~~$10.00~~$50.00 per annum;

16566

For 1,001 to 10,000 head .......... ~~$25.00~~$125.00 per annum;

16567

For more than 10,000 head .......... ~~$50.00~~$250.00 per	16568
annum.	16569

In the event a dealer or broker operates more than one place	16570
where livestock is purchased, sold, or exchanged, a fee shall be	16571
paid for each ~~such~~ place;, but only the original purchase, sale,	16572
or exchange shall be counted in computing the amount of the fee to	16573
be paid for each ~~such~~ place operated by ~~such~~the dealer or broker.	16574
Shipment between yards owned or operated by ~~such~~the dealer or	16575
broker shall be exempt.	16576

A late fee of one hundred dollars shall be paid for each	16577
dealer or broker license renewal application that is received	16578
after the thirty-first day of March each year.	16579

(C)(1) A fee of twenty-five dollars shall be paid by each	16580
small dealer.	16581

If a small dealer operates more than one place where	16582
livestock is purchased, sold, or exchanged, a fee shall be paid	16583
for each place, but only the original purchase, sale, or exchange	16584
shall be counted in computing the amount of fee to be paid for	16585
each place operated by the small dealer. Shipment between yards	16586
owned or operated by the small dealer shall be exempt.	16587

(2) A late fee of twenty-five dollars shall be paid for each	16588
small dealer license renewal application that is received after	16589
the thirty-first day of March each year.	16590

(D) A fee of twenty dollars shall be paid by each employee	16591
that is appointed by a small dealer, dealer, or broker as provided	16592
in section 943.02 of the Revised Code.	16593

(E) A fee of ~~five~~ten dollars shall be paid by each licensed	16594
weigher.	16595

(F) All ~~fees and charges~~money collected under section 943.03	16596
of the Revised Code, and under this section shall be ~~paid into the~~	16597
~~state treasury, and shall be~~ credited to the ~~general revenue~~	16598
animal and consumer analytical laboratory fund created in section	16599
901.43 of the Revised Code.	16600

Sec. 943.05. (A) The director of agriculture may refuse to	16601
grant or may suspend a small dealer's, dealer's, or broker's	16602
license, without prior hearing, ~~when he determines~~after	16603
determining from evidence presented to ~~him~~the director that there	16604
is reasonable cause to believe any of the following situations	16605
exist:	16606

(1) Where the applicant or licensee or an employee has	16607
violated the laws of the state or official regulations governing	16608
the interstate or intrastate movement, shipment, or transportation	16609
of animals, or has been convicted of a crime involving moral	16610
turpitude or convicted of a felony;	16611

(2) Where there have been false or misleading statements as	16612
to the health or physical condition of the animals with regard to	16613
official tests or quantity of animals, or the practice of fraud or	16614
misrepresentation in connection therewith or in the buying or	16615
receiving of animals or receiving, selling, exchanging,	16616
soliciting, or negotiating the sale, resale, exchange, weighing,	16617
or shipment of animals;	16618

(3) Where the applicant or licensee acts as a small dealer,	16619
dealer, or broker for a person attempting to conduct business in	16620
violation of section 943.02 of the Revised Code, after the notice	16621
of the violation has been given to the licensee by the department	16622
of agriculture;	16623

(4) Where the applicant or licensee or employee fails to	16624
practice measures of sanitation, disinfection, and inspection as	16625
required by sections 943.01 to 943.18 of the Revised Code, or	16626
prescribed by the department, of premises or vehicles used for the	16627
yarding, holding, or transporting of animals;	16628

(5) Where there has been a failure to keep records required	16629
by the department or where there is a refusal on the part of the	16630
applicant or licensee or employee to produce records of	16631
transactions in the carrying on of the business for which the	16632
license is granted;	16633

(6) Where the applicant or licensee providing weighing	16634
facilities used for, in connection with, or incident to the	16635
purchase or sale of livestock for the account of the licensee or	16636
others, fails to maintain and operate the weighing facilities in	16637
accordance with sections 943.08 and 943.10 of the Revised Code;	16638

(7) Where the applicant or licensee in the conduct of the	16639
business covered by the license fails to maintain and operate	16640
weighing facilities in accordance with sections 943.08 and 943.10	16641
of the Revised Code or fails to cause its livestock to be weighed	16642
by licensed weighers as provided in those sections;	16643

(8) ~~Where~~With regard to a dealer or broker licensee, where	16644
the licensee fails to maintain a bond or deposit, or letter of	16645
credit, if applicable, or fails to adjust the bond or deposit upon	16646
thirty days' notice or refuses or neglects to pay the fees or	16647
inspection charges required to be paid;	16648

(9) Where the licensee has been suspended by order of the	16649
secretary of agriculture of the United States department of	16650
agriculture under provisions of the "Packers and Stockyards Act of	16651
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended;	16652

(10) ~~Where~~With regard to a dealer or broker licensee, where	16653
the surety company, trustee, or issuer of a letter of credit of	16654
the licensee issues a notice of termination of the licensee's bond	16655
agreement, deposit agreement, or letter of credit.	16656

(B) When the director refuses to grant or suspends a small	16657
dealer's, dealer's, or broker's license, hethe director or ~~his~~	16658
the director's designee may hand deliver the order. The licensee	16659
to whom a suspension order is issued shall be afforded a hearing	16660
in accordance with Chapter 119. of the Revised Code, after which	16661
the director shall reinstate, revoke, or suspend for a longer or	16662
indefinite period the suspended license.	16663

Sec. 943.06. Every small dealer, dealer, and broker licensed	16664
under section 943.03 or 943.031 of the Revised Code, as	16665
applicable, and carrying on or conducting business under ~~such~~that	16666
license, shall post in a conspicuous place in or at the place of	16667
business of ~~such~~the licensee a copy of ~~such~~the license furnished	16668
by the department of agriculture, to be kept so posted and exposed	16669
for inspection by any person.	16670

Sec. 943.07. Each small dealer, dealer, or broker leasing,	16671
renting, operating, or owning livestock yards, pens, premises, or	16672
vehicles in which animals are quartered, fed, held, or	16673
transported, shall have a veterinary inspector approved by the	16674
department of agriculture, inspect, when directed, all such yards,	16675
premises, and vehicles and shall thoroughly and completely	16676
disinfect all such yards, pens, premises, and vehicles under the	16677
direction of the veterinary inspector and as prescribed by the	16678
department. The cost of ~~such~~the inspection and disinfection shall	16679
be borne by ~~such~~the small dealer, dealer, or broker.	16680

The department shall not require such veterinary inspection	16681
of yards, pens, premises, or other facilities where veterinary	16682
inspection is regularly maintained by the United States department	16683
of agriculture, or by the municipal corporation in which the same	16684
are located, or where livestock is transported to markets or	16685
slaughtering establishments where such inspection is maintained.	16686

The department may adopt ~~and promulgate~~ adequate sanitary	16687
requirements covering the construction and maintenance of	16688
buildings, pens, and chutes on all premises regularly used for the	16689
assembling, receiving, handling, feeding, watering, holding,	16690
buying, or selling of livestock, and may prescribe and enforce	16691
rules ~~and regulations~~ for the purpose of carrying into effect	16692
sections 943.01 to 943.18 of the Revised Code. ~~Such~~Those sections	16693
shall not apply to railroads subject to the "Interstate Commerce	16694
Act of 1887," 24 Stat. 379, 49 U.S.C.A. 1.	16695

Sec. 943.13. The department of agriculture shall require	16696
inspection, tests, and treatments necessary to prevent the spread	16697
of diseases of all animals sold or transferred from pens, yards,	16698
premises, or vehicles by ~~brokers or~~small dealers, dealers, or	16699
brokers except when such animals are immediately delivered to a	16700
slaughtering establishment. ~~Such~~The inspection, tests, and	16701
treatments shall be made by a veterinary inspector approved by the	16702
department and shall be made and reported as prescribed by the	16703
department. The fees for ~~such~~that service shall be paid by the	16704
~~broker or~~small dealer, dealer, or broker. This section shall not	16705
apply to a person operating a slaughtering establishment at which	16706
antemortem veterinary inspection is regularly maintained.	16707

The director of agriculture, without a prior hearing, may	16708
revoke the approval of a veterinary inspector. A person to whom an	16709
order of revocation is issued shall be afforded a hearing in	16710
accordance with sections 119.01 to 119.13 of the Revised Code.	16711

Animals sold through a livestock auction market shall be	16712
accompanied by a release as may be prescribed by the department	16713
and issued by the ~~broker or~~small dealer, dealer, or broker. ~~Such~~	16714
The release shall state the date, number and kind of animals	16715
moved, point of origin, and buyer.	16716

Animals sold for slaughter may be identified by an ear tag, a	16717
livestock paint brand, or other prescribed identification,	16718
whenever the department finds such identification necessary.	16719

Operators of livestock auction markets shall furnish and	16720
maintain cattle chutes suitable for restraining animals for	16721
careful inspection and shall provide suitable laboratory space for	16722
the veterinary inspector. All swine pens shall be paved and	16723
maintained so that they can be cleaned and disinfected. All	16724
diseased animals shall be segregated by species and held in	16725
designated pens constructed to facilitate cleaning and	16726
disinfecting.	16727

Sec. 943.14. (A) The department of agriculture or any of its	16728
authorized agents may inspect the records of any licensee or	16729
employee at any time to determine the origin and destination of	16730
any livestock handled by the licensee and to determine if sections	16731
943.01 to 943.18 of the Revised Code, or the rules ~~promulgated~~	16732
adopted thereunder, have been violated.	16733

(B) A small dealer, dealer, or broker, employee, or person	16734
described in division (B)(4) of section 943.01 of the Revised	16735
Code, who acquires or disposes of an animal by any means, shall	16736
make a record of the name and address of the person from whom the	16737
animal was acquired and to whom disposed. The record also shall	16738
show the individual identification of each animal at the time of	16739
acquisition or disposal. These records shall be maintained for a	16740
period of ~~twenty-four~~sixty months or longer from the date of	16741
acquisition or disposal.	16742

(C) The individual identification in division (B) of this	16743
section shall be in a manner or form approved by the department.	16744

(D) A person who is a soliciting agent for a video auction	16745
pursuant to division (B) of section 943.02 of the Revised Code	16746
shall maintain records in a manner or form approved by the	16747
department.	16748

Sec. 943.16. All fines imposed and collected under section	16749
943.99 of the Revised Code, shall be ~~paid to the department of~~	16750
~~agriculture and by it paid into the state treasury~~credited to the	16751
animal and consumer analytical laboratory fund created in section	16752
901.43 of the Revised Code.	16753

Sec. 953.21. As used in this chapter:

16754

(A) "Animal" means any animal, other than ~~man~~a human being,	16755
and includes domestic fowl, wild birds, fish, and reptiles, living	16756
or dead.	16757

(B) "Licensee" means any person who is licensed in accordance	16758
with this chapter.	16759

(C) "Loading platform" means any place operated by a licensee	16760
for loading dead animals, or parts thereof, onto trucks to take	16761
them to a rendering plant or composting facility.	16762

(D) "Person" means any natural person, partnership,	16763
association, or corporation.	16764

(E) "Raw rendering material" means any body, part of a body,	16765
or product of a body of any dead animal that is unwholesome,	16766
condemned, inedible, or otherwise unfit for human consumption.	16767

(F) "Rendering plant" means any premises where raw rendering	16768
materials are converted into fats, oils, feeds, fertilizer, and	16769
other products.	16770

(G) "Composting facility" means any premises, including	16771
~~structure~~structures and equipment, operating in accordance with	16772
rules adopted under section 3734.02 of the Revised Code and used	16773
for the controlled decomposition of organic solid material,	16774
including dead animals, that stabilizes the organic fraction of	16775
the material.	16776

(H) "Conveyance" means a vehicle, trailer, or compartment.

16777

Sec. 953.22. (A) No person shall engage in the business of	16778
disposing of, picking up, rendering, or collecting raw rendering	16779
material or transporting the material to a composting facility	16780
without a license to do so from the department of agriculture.	16781

(B) This chapter does not apply to any of the following:

16782

(1) ~~Operations on any premises that are licensed in~~	16783
~~compliance with Chapter 918. of the Revised Code or are subject to~~	16784
~~federal meat inspection and render only raw rendering material~~	16785
~~that is produced on the premises;~~	16786

~~(2)~~ A farmer who slaughters ~~his~~the farmer's own animals,	16787
raised by ~~him~~the farmer on ~~his~~the farmer's own farm, processes	16788
~~his~~the farmer's own meat therefrom, and disposes of ~~his~~the	16789
farmer's raw rendering material only by delivery to a person	16790
licensed under section 953.23 of the Revised Code;	16791

~~(3)~~(2) A person whose only connection with raw rendering	16792
material is curing hides and skins;	16793

~~(4)~~(3) A person whose only connection with raw rendering	16794
material is operating a pet cemetery;	16795

~~(5)~~(4) A person who is conducting composting, as defined in	16796
section 1511.01 of the Revised Code, in accordance with section	16797
1511.022 of the Revised Code;	16798

(5) A person whose only connection with raw rendering	16799
material is trapping wild animals in accordance with a nuisance	16800
wild animal permit issued by the chief of the division of wildlife	16801
in the department of natural resources under rules adopted	16802
pursuant to section 1531.08 of the Revised Code;	16803

(6) A county dog warden or animal control officer who	16804
transports raw rendering material only for disposal purposes.	16805

Sec. 953.23. (A) Application for a license shall be made to	16806
the department of agriculture on a form prescribed by the	16807
department.	16808

(B) Each application shall include all of the following:

16809

(1) The name and address of the applicant;

16810

(2) The applicant's proposed place of business;

16811

(3) A detailed statement of the method that the applicant	16812
intends to use to dispose of, pick up, render, or collect raw	16813
rendering material or to transport it to a composting facility;	16814

(4) Such other relevant information as the department may	16815
require.	16816

(C) Each applicant shall submit the annual license fee with	16817
~~his~~the application.	16818

(1) The license fee for a person applying for an annual	16819
license to pick up or collect raw rendering material and dispose	16820
of the material to a licensee or in accordance with divisions (B)	16821
and (C) of section 953.26 of the Revised Code, or to transport raw	16822
rendering material to a composting facility, is twenty-five	16823
dollars per conveyance that is used to pick up or collect and	16824
dispose of or to transport raw rendering material. A late fee of	16825
ten dollars per conveyance shall be charged for each application	16826
that is received after the thirtieth day of November each year.	16827

(2) The license fee for a person applying for an annual	16828
license to pick up or collect raw rendering material and to	16829
operate one or more rendering plants is ~~one~~three hundred dollars	16830
for each such plant. A late fee of one hundred dollars shall be	16831
charged for each application that is received after the thirtieth	16832
day of November each year.	16833

(D) On receipt of an application and fee, under this section,	16834
the department shall inspect the means of conveyance and premises	16835
that the applicant proposes to use to dispose of, collect, pick	16836
up, or render raw rendering material or to transport it to a	16837
composting facility for profit.	16838

(E) If the department finds that the applicant's means of	16839
conveyance, premises, and operation meet the requirements of this	16840
chapter and rules adopted thereunder, the department shall issue a	16841
license to the applicant to dispose of, pick up, render, or	16842
collect for profit raw rendering material or to transport it to a	16843
composting facility for profit.	16844

(F) Each license issued under this section shall expire on	16845
the thirty-first day of December of each year. Each person	16846
licensed under this section shall make application for renewal of	16847
~~his~~the person's license no later than the thirtieth day of	16848
November of each year.	16849

(G) Application for renewal shall be in accordance with the	16850
requirements of this section for initial application for a license	16851
and the standard renewal procedure of sections 4745.01 to 4745.03	16852
of the Revised Code.	16853

(H) All money collected under this section shall be credited	16854
to the animal and consumer analytical laboratory fund created in	16855
section 901.43 of the Revised Code.	16856

Sec. 955.201. (A) As used in this section and in section	16857
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	16858
corporation organized by that name under Chapter 1702. of the	16859
Revised Code that consists of humane societies, veterinarians,	16860
animal shelters, companion animal breeders, dog wardens, ~~and~~or	16861
similar individuals and entities.	16862

(B) The Ohio pet fund shall do all of the following:

16863

(1) Establish eligibility criteria for organizations that may	16864
receive financial assistance from the pets program funding board	16865
created in section 955.202 of the Revised Code. Those	16866
organizations may include any of the following:	16867

(a) An animal shelter as defined in section 4729.01 of the	16868
Revised Code;	16869

(b) A local nonprofit veterinary association that operates a	16870
program for the sterilization of dogs and cats;	16871

(c) A charitable organization that is exempt from federal	16872
income taxation under subsection 501(c)(3) of the Internal Revenue	16873
Code and ~~the primary~~a purpose of which is to support programs for	16874
the sterilization of dogs and cats and educational programs	16875
concerning the proper veterinary care of those animals.	16876

(2) Establish procedures for applying for financial	16877
assistance from the pets program funding board. Application	16878
procedures shall require eligible organizations to submit detailed	16879
proposals that outline the intended uses of the moneys sought.	16880

(3) Establish eligibility criteria for sterilization and	16881
educational programs for which moneys from the pets program	16882
funding board may be used and, consistent with division (C) of	16883
this section, establish eligibility criteria for individuals who	16884
seek sterilization for their dogs and cats from eligible	16885
organizations;	16886

(4) Establish procedures for the disbursement of moneys the	16887
pets program funding board receives from license plate	16888
contributions pursuant to division (C) of section 4503.551 of the	16889
Revised Code;	16890

(5) Advertise or otherwise provide notification of the	16891
availability of financial assistance from the pets program funding	16892
board for eligible organizations;	16893

(6) Design markings to be inscribed on "pets" license plates	16894
under section 4503.551 of the Revised Code.	16895

(C)(1) The owner of a dog or cat is eligible for dog or cat	16896
sterilization services from an eligible organization when those	16897
services are subsidized in whole or in part by money from the pets	16898
program funding board if any of the following applies:	16899

(a) The income of the owner's family does not exceed one	16900
hundred fifty per cent of the federal poverty guideline.	16901

(b) The owner, or any member of the owner's family who	16902
resides with the owner, is a recipient or beneficiary of one of	16903
the following government assistance programs:	16904

(i) Low-income housing assistance under the "United States	16905
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	16906
federal section 8 housing program;	16907

(ii) The Ohio works first program established by Chapter	16908
5107. of the Revised Code;	16909

(iii) Title XIX of the "Social Security Act," 49 Stat. 620	16910
(1935), 42 U.S.C.A. 301, as amended, known as the medical	16911
assistance program or medicaid, provided by the department of job	16912
and family services under Chapter 5111. of the Revised Code;	16913

(iv) A program or law administered by the United States	16914
department of veterans' affairs or veterans' administration for	16915
any service-connected disability;	16916

(v) The ~~food stamp~~supplemental nutrition assistance program	16917
established under the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91~~	16918
~~Stat. 958,~~2008 ( 7 U.S.C.A. 2011~~, as amended,~~et seq.)	16919
administered by the department of job and family services under	16920
section 5101.54 of the Revised Code;	16921

(vi) The "special supplemental nutrition program for women,	16922
infants, and children" established under the "Child Nutrition Act	16923
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	16924
by the department of health under section 3701.132 of the Revised	16925
Code;	16926

(vii) Supplemental security income under Title XVI of the	16927
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	16928
amended;	16929

(viii) Social security disability insurance benefits provided	16930
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	16931
42 U.S.C.A. 401, as amended.	16932

(c) The owner of the dog or cat submits to the eligible	16933
organization operating the sterilization program either of the	16934
following:	16935

(i) A certificate of adoption showing that the dog or cat was	16936
adopted from a licensed animal shelter, a municipal, county, or	16937
regional pound, or a holding and impoundment facility that	16938
contracts with a municipal corporation;	16939

(ii) A certificate of adoption showing that the dog or cat	16940
was adopted through a nonprofit corporation operating an animal	16941
adoption referral service whose holding facility, if any, is	16942
licensed in accordance with state law or a municipal ordinance.	16943

(2) The Ohio pet fund shall determine the type of documentary	16944
evidence that must be presented by the owner of a dog or cat to	16945
show that the income of the owner's family does not exceed one	16946
hundred fifty per cent of the federal poverty guideline or that	16947
the owner is eligible under division (C)(1)(b) of this section.	16948

(D) As used in division (C) of this section, "federal poverty	16949
guideline" means the official poverty guideline as revised	16950
annually by the United States department of health and human	16951
services in accordance with section 673(2) of the "Omnibus Budget	16952
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	16953
amended, for a family size equal to the size of the family of the	16954
person whose income is being determined.	16955

Sec. 1322.03. (A) An application for a certificate of	16956
registration as a mortgage broker shall be in writing, under oath,	16957
and in the form prescribed by the superintendent of financial	16958
institutions. The application shall be accompanied by a	16959
nonrefundable application fee of ~~three~~five hundred ~~fifty~~ dollars	16960
for each location of an office to be maintained by the applicant	16961
in accordance with division (A) of section 1322.02 of the Revised	16962
Code~~; however, an applicant that is registered under sections~~	16963
~~1321.51 to 1321.60 of the Revised Code shall not be required to~~	16964
~~pay an application fee~~. The application shall provide all of the	16965
following:	16966

(1) The location or locations where the business is to be	16967
transacted and whether any location is a residence. If any	16968
location where the business is to be transacted is a residence,	16969
the application shall be accompanied by a certified copy of a	16970
zoning permit authorizing the use of the residence for commercial	16971
purposes, or shall be accompanied by a written opinion or other	16972
document issued by the county or political subdivision where the	16973
residence is located certifying that the use of the residence to	16974
transact business as a mortgage broker is not prohibited by the	16975
county or political subdivision. The application also shall be	16976
accompanied by a photograph of each location at which the business	16977
will be transacted.	16978

(2)(a) In the case of a sole proprietor, the name and address	16979
of the sole proprietor;	16980

(b) In the case of a partnership, the name and address of	16981
each partner;	16982

(c) In the case of a corporation, the name and address of	16983
each shareholder owning five per cent or more of the corporation;	16984

(d) In the case of any other entity, the name and address of	16985
any person that owns five per cent or more of the entity that will	16986
transact business as a mortgage broker.	16987

(3) If the applicant is a partnership, corporation, limited	16988
liability company, or any other business entity or association,	16989
the applicant shall designate an employee or owner of the	16990
applicant as the applicant's operations manager. While acting as	16991
the operations manager, the employee or owner shall not be	16992
employed by any other mortgage broker.	16993

(4) Evidence that the sole proprietor or the person	16994
designated on the application pursuant to division (A)(3) of this	16995
section, as applicable, possesses at least three years of	16996
experience in the mortgage and lending field, which experience may	16997
include employment with or as a mortgage broker or with a	16998
financial institution, mortgage lending institution, or other	16999
lending institution, or possesses at least three years of other	17000
experience related specifically to the business of mortgage loans	17001
that the superintendent determines meets the requirements of	17002
division (A)(4) of this section;	17003

(5) On or after January 1, 2007, evidence that the sole	17004
proprietor or the person designated on the application pursuant to	17005
division (A)(3) of this section has successfully completed either	17006
of the following:	17007

(a) At least twenty-four hours of live classroom instruction	17008
in a course or program of study approved by the superintendent	17009
that consists of at least all of the following:	17010

(i) Four hours of instruction concerning state and federal	17011
mortgage lending laws, which shall include no less than two hours	17012
on this chapter;	17013

(ii) Four hours of instruction concerning the Ohio consumer	17014
sales practices act, Chapter 1345. of the Revised Code, as it	17015
applies to registrants and licensees;	17016

(iii) Four hours of instruction concerning the loan	17017
application process;	17018

(iv) Two hours of instruction concerning the underwriting	17019
process;	17020

(v) Two hours of instruction concerning the secondary market	17021
for mortgage loans;	17022

(vi) Four hours of instruction concerning the loan closing	17023
process;	17024

(vii) Two hours of instruction covering basic mortgage	17025
financing concepts and terms;	17026

(viii) Two hours of instruction concerning the ethical	17027
responsibilities of a registrant, including with respect to	17028
confidentiality, consumer counseling, and the duties and standards	17029
of care created in section 1322.081 of the Revised Code.	17030

(b) Other post-secondary education related specifically to	17031
the business of mortgage loans that the superintendent determines	17032
meets the requirements of division (A)(5)(a) of this section.	17033

Division (A)(5) of this section does not apply to any	17034
applicant who has an application on file with the division of	17035
financial institutions prior to January 1, 2007.	17036

The evidence submitted by the applicant pursuant to division	17037
(A)(5) of this section may be in the form of transcripts or a	17038
statement indicating that the applicant has, and will maintain,	17039
transcripts at the applicant's place of business for a period of	17040
five years for inspection by the superintendent at the	17041
superintendent's request.	17042

(6) Evidence of compliance with the surety bond requirements	17043
of section 1322.05 of the Revised Code and with sections 1322.01	17044
to 1322.12 of the Revised Code;	17045

(7) In the case of a foreign business entity, evidence that	17046
it maintains a license or registration pursuant to Chapter 1703.,	17047
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	17048
transact business in this state;	17049

(8) A statement as to whether the applicant or, to the best	17050
of the applicant's knowledge, any shareholder, member, partner,	17051
operations manager, or employee of the applicant has been	17052
convicted of or pleaded guilty to any criminal offense involving	17053
theft, receiving stolen property, embezzlement, forgery, fraud,	17054
passing bad checks, money laundering, or drug trafficking, or any	17055
criminal offense involving money or securities;	17056

(9) A statement as to whether the applicant or, to the best	17057
of the applicant's knowledge, any shareholder, member, partner,	17058
operations manager, or employee of the applicant has been subject	17059
to any adverse judgment for conversion, embezzlement,	17060
misappropriation of funds, fraud, misfeasance or malfeasance, or	17061
breach of fiduciary duty;	17062

(10) Evidence that the applicant's operations manager has	17063
successfully completed the examination required under division (A)	17064
of section 1322.051 of the Revised Code;	17065

(11) Any further information that the superintendent	17066
requires.	17067

(B) Upon the filing of the application and payment of the	17068
application fee, the superintendent of financial institutions	17069
shall investigate the applicant as set forth in division (B) of	17070
this section.	17071

(1) The superintendent shall request the superintendent of	17072
the bureau of criminal identification and investigation, or a	17073
vendor approved by the bureau, to conduct a criminal records check	17074
based on the applicant's fingerprints in accordance with division	17075
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	17076
division (K) of section 121.08 of the Revised Code, the	17077
superintendent of financial institutions shall request that	17078
criminal record information from the federal bureau of	17079
investigation be obtained as part of the criminal records check.	17080
Any fee required under division (C)(3) of section 109.572 of the	17081
Revised Code shall be paid by the applicant.	17082

(2) The superintendent shall conduct a civil records check.

17083

(3) If, in order to issue a certificate of registration to an	17084
applicant, additional investigation by the superintendent outside	17085
this state is necessary, the superintendent may require the	17086
applicant to advance sufficient funds to pay the actual expenses	17087
of the investigation, if it appears that these expenses will	17088
exceed ~~three~~five hundred ~~fifty~~ dollars. The superintendent shall	17089
provide the applicant with an itemized statement of the actual	17090
expenses that the applicant is required to pay.	17091

(C) The superintendent shall pay all funds advanced and	17092
application and renewal fees and penalties the superintendent	17093
receives pursuant to this section and section 1322.04 of the	17094
Revised Code to the treasurer of state to the credit of the	17095
consumer finance fund created in section 1321.21 of the Revised	17096
Code.	17097

(D) If an application for a certificate of registration does	17098
not contain all of the information required under division (A) of	17099
this section, and if that information is not submitted to the	17100
superintendent within ninety days after the superintendent	17101
requests the information in writing, the superintendent may	17102
consider the application withdrawn.	17103

(E) A certificate of registration and the authority granted	17104
under that certificate is not transferable or assignable and	17105
cannot be franchised by contract or any other means.	17106

(F) The registration requirements of this chapter apply to	17107
any person acting as a mortgage broker, and no person is exempt	17108
from the requirements of this chapter on the basis of prior work	17109
or employment as a mortgage broker.	17110

Sec. 1322.031. (A) An application for a license as a loan	17111
officer shall be in writing, under oath, and in the form	17112
prescribed by the superintendent of financial institutions. The	17113
application shall be accompanied by a nonrefundable application	17114
fee of one hundred fifty dollars and shall provide all of the	17115
following:	17116

(1) The name and address of the applicant;

17117

(2) A statement as to whether the applicant has been	17118
convicted of or pleaded guilty to any criminal offense involving	17119
theft, receiving stolen property, embezzlement, forgery, fraud,	17120
passing bad checks, money laundering, or drug trafficking, or any	17121
criminal offense involving money or securities;	17122

(3) A statement as to whether the applicant has been subject	17123
to an adverse judgment for conversion, embezzlement,	17124
misappropriation of funds, fraud, misfeasance or malfeasance, or	17125
breach of fiduciary duty;	17126

(4) For loan officer applications submitted on or after	17127
January 1, 2007, proof, as determined by the superintendent, that	17128
the applicant has successfully completed at least twenty-four	17129
hours of live classroom instruction in a course or program of	17130
study approved by the superintendent that consists of at least all	17131
of the following:	17132

(a) Four hours of instruction concerning state and federal	17133
mortgage lending laws, which shall include no less than two hours	17134
on this chapter;	17135

(b) Four hours of instruction concerning the Ohio consumer	17136
sales practices act, Chapter 1345. of the Revised Code, as it	17137
applies to registrants and licensees;	17138

(c) Four hours of instruction concerning the loan application	17139
process;	17140

(d) Two hours of instruction concerning the underwriting	17141
process;	17142

(e) Two hours of instruction concerning the secondary market	17143
for mortgage loans;	17144

(f) Four hours of instruction concerning the loan closing	17145
process;	17146

(g) Two hours of instruction covering basic mortgage	17147
financing concepts and terms;	17148

(h) Two hours of instruction concerning the ethical	17149
responsibilities of a licensee, including with respect to	17150
confidentiality, consumer counseling, and the duties and standards	17151
of care created in section 1322.081 of the Revised Code.	17152

Division (A)(4) of this section does not apply to any	17153
applicant who has an application on file with the division of	17154
financial institutions prior to January 1, 2007.	17155

The proof submitted by the applicant pursuant to division	17156
(A)(4) of this section may be in the form of transcripts or a	17157
statement indicating that the applicant has, and will maintain,	17158
transcripts at the applicant's place of business for a period of	17159
five years for inspection by the superintendent at the	17160
superintendent's request.	17161

(5) Any further information that the superintendent requires.

17162

(B) Upon the filing of the application and payment of the	17163
application fee, the superintendent of financial institutions	17164
shall investigate the applicant as set forth in division (B) of	17165
this section.	17166

(1) The superintendent shall request the superintendent of	17167
the bureau of criminal identification and investigation, or a	17168
vendor approved by the bureau, to conduct a criminal records check	17169
based on the applicant's fingerprints in accordance with division	17170
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	17171
division (K) of section 121.08 of the Revised Code, the	17172
superintendent of financial institutions shall request that	17173
criminal record information from the federal bureau of	17174
investigation be obtained as part of the criminal records check.	17175
Any fee required under division (C)(3) of section 109.572 of the	17176
Revised Code shall be paid by the applicant.	17177

(2) The superintendent shall conduct a civil records check.

17178

(3) If, in order to issue a license to an applicant,	17179
additional investigation by the superintendent outside this state	17180
is necessary, the superintendent may require the applicant to	17181
advance sufficient funds to pay the actual expenses of the	17182
investigation, if it appears that these expenses will exceed one	17183
hundred fifty dollars. The superintendent shall provide the	17184
applicant with an itemized statement of the actual expenses that	17185
the applicant is required to pay.	17186

(C) The superintendent shall pay all funds advanced and	17187
application and renewal fees and penalties the superintendent	17188
receives pursuant to this section and section 1322.041 of the	17189
Revised Code to the treasurer of state to the credit of the	17190
consumer finance fund created in section 1321.21 of the Revised	17191
Code.	17192

(D) If an application for a license does not contain all of	17193
the information required under division (A) of this section, and	17194
if that information is not submitted to the superintendent within	17195
ninety days after the superintendent requests the information in	17196
writing, the superintendent may consider the application	17197
withdrawn.	17198

(E)(1) The business of a loan officer shall principally be	17199
transacted at an office of the employing mortgage broker, which	17200
office is registered in accordance with division (A) of section	17201
1322.02 of the Revised Code. Each original license shall be	17202
deposited with and maintained by the employing mortgage broker at	17203
the mortgage broker's main office. A copy of the license shall be	17204
maintained and displayed at the office where the loan officer	17205
principally transacts business.	17206

(2) If a loan officer's employment is terminated, the	17207
mortgage broker shall return the original license to the	17208
superintendent within five business days after the termination.	17209
The licensee may request the transfer of the license to another	17210
mortgage broker by submitting a relocation application, along with	17211
a fifteen dollar fee, to the superintendent or may request the	17212
superintendent in writing to hold the license in escrow for a	17213
period not to exceed one year. Any licensee whose license is held	17214
in escrow shall cease activity as a loan officer.	17215

A mortgage broker may employ a loan officer on a temporary	17216
basis pending the transfer of the loan officer's license to the	17217
mortgage broker, if the mortgage broker receives written	17218
confirmation from the superintendent that the loan officer is	17219
licensed under sections 1322.01 to 1322.12 of the Revised Code.	17220

(F) A license, or the authority granted under that license,	17221
is not assignable and cannot be franchised by contract or any	17222
other means.	17223

Sec. 1322.04. (A) Upon the conclusion of the investigation	17224
required under division (B) of section 1322.03 of the Revised	17225
Code, the superintendent of financial institutions shall issue a	17226
certificate of registration to the applicant if the superintendent	17227
finds that the following conditions are met:	17228

(1) ~~Except as otherwise provided in division (A) of section~~	17229
~~1322.03 of the Revised Code, the~~The application is accompanied by	17230
the application fee. If a check or other draft instrument is	17231
returned to the superintendent for insufficient funds, the	17232
superintendent shall notify the registrant by certified mail,	17233
return receipt requested, that the certificate of registration	17234
issued in reliance on the check or other draft instrument will be	17235
canceled unless the registrant, within thirty days after receipt	17236
of the notice, submits the application fee and a	17237
one-hundred-dollar penalty to the superintendent. If the	17238
registrant does not submit the application fee and penalty within	17239
that time period, or if any check or other draft instrument used	17240
to pay the fee or penalty is returned to the superintendent for	17241
insufficient funds, the certificate of registration shall be	17242
canceled immediately without a hearing, and the registrant shall	17243
cease activity as a mortgage broker.	17244

(2) If the application is for a location that is a residence,	17245
that the applicant has obtained a valid zoning permit authorizing	17246
the use of the residence for commercial purposes, or has obtained	17247
a valid written opinion or other document issued by the county or	17248
political subdivision where the residence is located certifying	17249
that the use of the residence to transact business as a mortgage	17250
broker is not prohibited by the county or political subdivision.	17251
The application also is accompanied by a photograph of each	17252
location at which the mortgage broker's business will be	17253
transacted.	17254

(3) The sole proprietor or the person designated on the	17255
application pursuant to division (A)(3) of section 1322.03 of the	17256
Revised Code, as applicable, meets the experience requirements	17257
provided in division (A)(4) of section 1322.03 of the Revised Code	17258
and the education requirements set forth in division (A)(5) of	17259
section 1322.03 of the Revised Code.	17260

(4) The applicant maintains all licenses and registrations	17261
required by the secretary of state.	17262

(5) The applicant complies with the surety bond requirements	17263
of section 1322.05 of the Revised Code.	17264

(6) The applicant complies with sections 1322.01 to 1322.12	17265
of the Revised Code.	17266

(7) Neither the applicant nor any shareholder, member,	17267
partner, operations manager, or employee of the applicant has	17268
pleaded guilty to or been convicted of any criminal offense	17269
described in division (A)(8) of section 1322.03 of the Revised	17270
Code or any violation of an existing or former law of this state,	17271
any other state, or the United States that substantially is	17272
equivalent to a criminal offense described in that division.	17273
However, if the applicant or any of those other persons has	17274
pleaded guilty to or been convicted of any such offense other than	17275
theft, the superintendent shall not consider the offense if the	17276
applicant has proven to the superintendent, by a preponderance of	17277
the evidence, that the applicant's or other person's activities	17278
and employment record since the conviction show that the applicant	17279
or other person is honest, truthful, and of good reputation, and	17280
there is no basis in fact for believing that the applicant or	17281
other person will commit such an offense again.	17282

(8) Neither the applicant nor any shareholder, member,	17283
partner, operations manager, or employee of the applicant has been	17284
subject to any adverse judgment for conversion, embezzlement,	17285
misappropriation of funds, fraud, misfeasance or malfeasance, or	17286
breach of fiduciary duty, or, if the applicant or any of those	17287
other persons has been subject to such a judgment, the applicant	17288
has proven to the superintendent, by a preponderance of the	17289
evidence, that the applicant's or other person's activities and	17290
employment record since the judgment show that the applicant or	17291
other person is honest, truthful, and of good reputation, and	17292
there is no basis in fact for believing that the applicant or	17293
other person will be subject to such a judgment again.	17294

(9) The applicant's operations manager successfully completed	17295
the examination required under division (A) of section 1322.051 of	17296
the Revised Code.	17297

(10) The applicant's financial responsibility, experience,	17298
character, and general fitness command the confidence of the	17299
public and warrant the belief that the business will be operated	17300
honestly and fairly in compliance with the purposes of sections	17301
1322.01 to 1322.12 of the Revised Code.	17302

For purposes of determining whether an applicant that is a	17303
partnership, corporation, or other business entity or association	17304
has met the conditions set forth in divisions (A)(7), (A)(8), and	17305
(A)(10) of this section, the superintendent shall determine which	17306
partners, shareholders, or persons named in the application	17307
pursuant to division (A)(2) of section 1322.03 of the Revised Code	17308
must meet the conditions set forth in divisions (A)(7), (A)(8),	17309
and (A)(10) of this section. This determination shall be based on	17310
the extent and nature of the partner's, shareholder's, or person's	17311
ownership interest in the partnership, corporation, or other	17312
business entity or association that is the applicant.	17313

(B) The certificate of registration issued pursuant to	17314
division (A) of this section may be renewed annually on or before	17315
the thirtieth day of April if the superintendent finds that all of	17316
the following conditions are met:	17317

(1) The renewal application is accompanied by a nonrefundable	17318
renewal fee of ~~three~~five hundred ~~fifty~~ dollars for each location	17319
of an office to be maintained by the applicant in accordance with	17320
division (A) of section 1322.02 of the Revised Code~~; however, an~~	17321
~~applicant that is registered under sections 1321.51 to 1321.60 of~~	17322
~~the Revised Code shall not be required to pay a renewal fee~~. If a	17323
check or other draft instrument is returned to the superintendent	17324
for insufficient funds, the superintendent shall notify the	17325
registrant by certified mail, return receipt requested, that the	17326
certificate of registration renewed in reliance on the check or	17327
other draft instrument will be canceled unless the registrant,	17328
within thirty days after receipt of the notice, submits the	17329
renewal fee and a one-hundred-dollar penalty to the	17330
superintendent. If the registrant does not submit the renewal fee	17331
and penalty within that time period, or if any check or other	17332
draft instrument used to pay the fee or penalty is returned to the	17333
superintendent for insufficient funds, the certificate of	17334
registration shall be canceled immediately without a hearing and	17335
the registrant shall cease activity as a mortgage broker.	17336

(2) On and after January 1, 2003, the operations manager	17337
designated under division (A)(3) of section 1322.03 of the Revised	17338
Code has completed, during the immediately preceding calendar	17339
year, at least six hours of continuing education as required under	17340
section 1322.052 of the Revised Code.	17341

(3) The applicant meets the conditions set forth in divisions	17342
(A)(2) to (10) of this section.	17343

(4) The applicant's certificate of registration is not	17344
subject to an order of suspension or revocation by the	17345
superintendent.	17346

(C)(1) Subject to division (C)(2) of this section, if a	17347
renewal fee is received by the superintendent after the thirtieth	17348
day of April, the certificate of registration shall not be	17349
considered renewed, and the applicant shall cease activity as a	17350
mortgage broker and apply for a certificate of registration as a	17351
mortgage broker.	17352

(2) Division (C)(1) of this section shall not apply if the	17353
applicant, no later than the thirty-first day of May, submits the	17354
renewal fee and a one-hundred-dollar penalty to the	17355
superintendent.	17356

(D) If the person designated as the operations manager	17357
pursuant to division (A)(3) of section 1322.03 of the Revised Code	17358
is no longer the operations manager, the registrant shall do all	17359
of the following:	17360

(1) Designate another person as the operations manager;

17361

(2) Within ten days after the designation described in	17362
division (D)(1) of this section, notify the superintendent in	17363
writing of the designation;	17364

(3) Submit any additional information that the superintendent	17365
requires to establish that the newly designated operations manager	17366
complies with the experience requirements set forth in division	17367
(A)(4) of section 1322.03 of the Revised Code.	17368

Sec. 1322.041. (A) Upon the conclusion of the investigation	17369
required under division (B) of section 1322.031 of the Revised	17370
Code, the superintendent of financial institutions shall issue a	17371
loan officer license to the applicant if the superintendent finds	17372
that the following conditions are met:	17373

(1) The application is accompanied by the application fee. If	17374
a check or other draft instrument is returned to the	17375
superintendent for insufficient funds, the superintendent shall	17376
notify the licensee by certified mail, return receipt requested,	17377
that the license issued in reliance on the check or other draft	17378
instrument will be canceled unless the licensee, within thirty	17379
days after receipt of the notice, submits the application fee and	17380
a one-hundred-dollar penalty to the superintendent. If the	17381
licensee does not submit the application fee and penalty within	17382
that time period, or if any check or other draft instrument used	17383
to pay the fee or penalty is returned to the superintendent for	17384
insufficient funds, the license shall be canceled immediately	17385
without a hearing, and the licensee shall cease activity as a loan	17386
officer.	17387

(2) The applicant complies with sections 1322.01 to 1322.12	17388
of the Revised Code.	17389

(3) The applicant has not been convicted of or pleaded guilty	17390
to any criminal offense described in division (A)(2) of section	17391
1322.031 of the Revised Code and the applicant has not pleaded	17392
guilty to or been convicted of a violation of an existing or	17393
former law of this state, any other state, or the United States	17394
that substantially is equivalent to a criminal offense described	17395
in that division. However, if the applicant has been convicted of	17396
or pleaded guilty to any such offense other than theft, the	17397
superintendent shall not consider the offense if the applicant has	17398
proven to the superintendent, by a preponderance of the evidence,	17399
that the applicant's activities and employment record since the	17400
conviction show that the applicant is honest, truthful, and of	17401
good reputation, and there is no basis in fact for believing that	17402
the applicant will commit such an offense again.	17403

(4) The applicant has not been subject to an adverse judgment	17404
for conversion, embezzlement, misappropriation of funds, fraud,	17405
misfeasance or malfeasance, or breach of fiduciary duty, or, if	17406
the applicant has been subject to such a judgment, the applicant	17407
has proven to the superintendent, by a preponderance of the	17408
evidence, that the applicant's activities and employment record	17409
since the judgment show that the applicant is honest, truthful,	17410
and of good reputation, and there is no basis in fact for	17411
believing that the applicant will be subject to such a judgment	17412
again.	17413

(5) The applicant successfully completed the examination	17414
required under division (B) of section 1322.051 of the Revised	17415
Code and the education requirements set forth in division (A)(4)	17416
of section 1322.031 of the Revised Code.	17417

(6) The applicant's character and general fitness command the	17418
confidence of the public and warrant the belief that the business	17419
will be operated honestly and fairly in compliance with the	17420
purposes of sections 1322.01 to 1322.12 of the Revised Code.	17421

(B) The license issued under division (A) of this section may	17422
be renewed annually on or before the thirtieth day of April if the	17423
superintendent finds that all of the following conditions are met:	17424

(1) The renewal application is accompanied by a nonrefundable	17425
renewal fee of one hundred fifty dollars. If a check or other	17426
draft instrument is returned to the superintendent for	17427
insufficient funds, the superintendent shall notify the licensee	17428
by certified mail, return receipt requested, that the license	17429
renewed in reliance on the check or other draft instrument will	17430
be canceled unless the licensee, within thirty days after receipt	17431
of the notice, submits the renewal fee and a one-hundred-dollar	17432
penalty to the superintendent. If the licensee does not submit	17433
the renewal fee and penalty within that time period, or if any	17434
check or other draft instrument used to pay the fee or penalty is	17435
returned to the superintendent for insufficient funds, the	17436
license shall be canceled immediately without a hearing, and the	17437
licensee shall cease activity as a loan officer.	17438

(2) On and after January 1, 2003, the loan officer has	17439
completed, during the immediately preceding calendar year, at	17440
least six hours of continuing education as required under section	17441
1322.052 of the Revised Code.	17442

(3) The applicant meets the conditions set forth in divisions	17443
(A)(2) to (6) of this section.	17444

(4) The applicant's license is not subject to an order of	17445
suspension or revocation by the superintendent.	17446

(C)(1) Subject to division (C)(2) of this section, if a	17447
license renewal application or renewal fee is received by the	17448
superintendent after the thirtieth day of April, the license shall	17449
not be considered renewed, and the applicant shall cease activity	17450
as a loan officer.	17451

(2) Division (C)(1) of this section shall not apply if the	17452
applicant, no later than the thirty-first day of May, submits the	17453
renewal application and fee and a one-hundred-dollar penalty to	17454
the superintendent.	17455

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.71 of	17456
the Revised Code:	17457

(A) "Weights and measures" means all weights and measures of	17458
every kind, instruments and devices for weighing and measuring,	17459
and any appliances and accessories associated with any such	17460
instruments and devices, except that the term shall not be	17461
construed to include meters for the measurement of electricity,	17462
gas, whether natural or manufactured, or water when the same are	17463
operated in a public utility system. Such electricity, gas, and	17464
water meters, and appliances or accessories associated therewith	17465
are specifically excluded from the purview of the weights and	17466
measures laws.	17467

(B) "Intrastate commerce" means all commerce or trade that is	17468
begun, carried on, and completed wholly within the limits of this	17469
state, and "introduced into intrastate commerce" defines the time	17470
and place in which the first sale and delivery of a commodity is	17471
made within the state, the delivery being made either directly to	17472
the purchaser or to a common carrier for shipment to the	17473
purchaser.	17474

(C) "Package" means any commodity put up or packaged in any	17475
manner in advance of sale in units suitable for either wholesale	17476
or retail sale.	17477

(D) "Consumer package" means a package that is customarily	17478
produced or distributed for sale through a retail sales agency for	17479
consumption by an individual or use by an individual.	17480

(E) "Weight" as used in connection with any commodity means	17481
net weight.	17482

(F) "Correct" as used in connection with weights and measures	17483
means conformity with all applicable requirements of sections	17484
1327.46 to ~~1327.61~~1327.71 of the Revised Code and rules adopted	17485
pursuant to those sections.	17486

(G) "Primary standards" means the physical standards of the	17487
state that serve as the legal reference from which all other	17488
standards and weights and measures are derived.	17489

(H) "Secondary standards" means the physical standards that	17490
are traceable to the primary standards through comparisons, using	17491
acceptable laboratory procedures, and used in the enforcement of	17492
weights and measures laws and rules.	17493

(I) "Sale from bulk" means the sale of commodities when the	17494
quantity is determined at the time of sale.	17495

(J) "Net weight" means the weight of a commodity, excluding	17496
any materials, substances, or items not considered to be a part of	17497
the commodity. Materials, substances, or items not considered to	17498
be part of the commodity include, but are not limited to,	17499
containers, conveyances, bags, wrappers, packaging materials,	17500
labels, individual piece coverings, decorative accompaniments, and	17501
coupons.	17502

(K) "Random weight package" means a package that is one of a	17503
lot, shipment, or delivery of packages of the same commodity with	17504
no fixed pattern of weights.	17505

(L) "Motor fuel" means any liquid or gaseous matter that is	17506
used individually or blended for the generation of power in an	17507
internal combustion engine.	17508

(M) "ASTM" means the American society for testing and	17509
materials.	17510

(N) "NIST handbook 130" means the national institute of	17511
standards and technology handbook 130 "uniform laws and	17512
regulations in the areas of legal metrology and engine fuel	17513
quality."	17514

(O) "Petroleum products" means products that are obtained	17515
from the distilling and processing of crude oil and refinery blend	17516
stocks.	17517

(P) "Sold" includes keeping, offering, or exposing for sale.

17518

(Q) "Commercially used weighing and measuring device" means a	17519
device described in the national institute of standards and	17520
technology handbook 44 or its supplements and revisions and any	17521
other weighing and measuring device designated by rules adopted	17522
under section 1327.501 of the Revised Code.	17523

Sec. 1327.50. The director of agriculture shall:

17524

(A) Maintain traceability of the state standards to those of	17525
the national institute of standards and technology;	17526

(B) Enforce sections 1327.46 to ~~1327.61~~1327.71 of the	17527
Revised Code;	17528

(C) Issue reasonable rules for the uniform enforcement of	17529
sections 1327.46 to ~~1327.61~~1327.71 of the Revised Code, which	17530
rules shall have the force and effect of law;	17531

(D) Establish standards of weight, measure, or count,	17532
reasonable standards of fill, and standards for the voluntary	17533
presentation of cost per unit information for any package;	17534

(E) Grant any exemptions from sections 1327.46 to ~~1327.61~~	17535
1327.71 of the Revised Code, or any rules adopted under those	17536
sections, when appropriate to the maintenance of good commercial	17537
practices in the state;	17538

(F) Conduct investigations to ensure compliance with sections	17539
1327.46 to ~~1327.61~~1327.71 of the Revised Code;	17540

(G) Delegate to appropriate personnel any of these	17541
responsibilities for the proper administration of the director's	17542
office;	17543

(H) Test as often as is prescribed by rule the standards of	17544
weight and measure used by any municipal corporation or county	17545
within the state, and approve the same when found to be correct;	17546

(I) Inspect and test weights and measures ~~kept, offered, or~~	17547
~~exposed for sale~~that are sold;	17548

(J) Inspect and test to ascertain if they are correct,	17549
weights and measures commercially used either:	17550

(1) In determining the weight, measure, or count of	17551
commodities or things sold~~, or offered or exposed for sale,~~ on the	17552
basis of weight, measure, or count;	17553

(2) In computing the basic charge or payment for goods or	17554
services rendered on the basis of weight, measure, or count.	17555

(K) Test all weights and measures used in checking the	17556
receipt or disbursement of supplies in every institution, for the	17557
maintenance of which funds are appropriated by the general	17558
assembly;	17559

(L) Approve for use, and may mark, such weights and measures	17560
as the director finds to be correct, and shall reject and mark as	17561
rejected such weights and measures as the director finds to be	17562
incorrect. Weights and measures that have been rejected may be	17563
seized if not corrected within the time specified or if used or	17564
disposed of in a manner not specifically authorized, and may be	17565
condemned and seized if found to be incorrect and not capable of	17566
being made correct.	17567

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	17568
~~offered, or exposed for sale,~~that are sold, or in the process of	17569
delivery to determine whether they contain the amounts represented	17570
and whether they are ~~kept, offered, or exposed for sale~~sold in	17571
accordance with sections 1327.46 to ~~1327.61~~1327.71 of the Revised	17572
Code or rules adopted under those sections. In carrying out this	17573
section, the director shall employ recognized sampling procedures,	17574
such as those designated in the national institute of standards	17575
and technology handbook 133 "checking the net contents of packaged	17576
goods."	17577

(N) Prescribe by rule the appropriate term or unit of weight	17578
or measure to be used, whenever the director determines in the	17579
case of a specific commodity that an existing practice of	17580
declaring the quantity by weight, measure, numerical count, or	17581
combination thereof, does not facilitate value comparisons by	17582
consumers, or offers an opportunity for consumer confusion;	17583

(O) Allow reasonable variations from the stated quantity of	17584
contents, which shall include those caused by unavoidable	17585
deviations in good manufacturing practice and by loss or gain of	17586
moisture during the course of good distribution practice, only	17587
after the commodity has entered intrastate commerce;	17588

(P) Provide for the weights and measures training of	17589
inspector personnel and establish minimum training requirements,	17590
which shall be met by all inspector personnel, whether county,	17591
municipal, or state;	17592

(Q) Prescribe the methods of tests and inspections to be	17593
employed in the enforcement of sections 1327.46 to ~~1327.61~~1327.71	17594
of the Revised Code. The director may prescribe the official test	17595
and inspection forms to be used.	17596

(R) Provide by rule for voluntary registration with the	17597
director of private weighing and measuring device servicing	17598
agencies, and personnel;	17599

(S) In conjunction with the national institute of standards	17600
and technology, operate a type evaluation program for	17601
certification of weighing and measuring devices as part of the	17602
national type evaluation program and operate a metrology	17603
laboratory program. The director shall establish a schedule of	17604
fees for services rendered by the department of agriculture for	17605
the type evaluation ~~services~~program and the metrology laboratory	17606
program. The director may require any weighing or measuring	17607
instrument or device to be traceable to a national type evaluation	17608
program certificate of conformance prior to use for commercial or	17609
law enforcement purposes.	17610

(T) Administer the fuel quality testing program in accordance	17611
with sections 1327.70 and 1327.71 of the Revised Code and rules	17612
adopted under them.	17613

Sec. 1327.501. (A) On and after the effective date of the	17614
rules adopted under this section, no person shall operate a	17615
commercially used weighing and measuring device in this state	17616
unless the operator of the device obtains a permit issued by the	17617
director of agriculture or the director's designee.	17618

(B) An application for a permit shall be submitted to the	17619
director on a form that the director prescribes and provides. The	17620
applicant shall include with the application any information that	17621
is specified on the application form as well as the application	17622
fee established in rules adopted under this section.	17623

(C) Upon receipt of a completed application and the required	17624
fee from an applicant, the director or the director's designee	17625
shall issue or deny the permit to operate the commercially used	17626
weighing and measuring device that was the subject of the	17627
application.	17628

(D) A permit issued under this section expires on the	17629
thirtieth day of June of the year following its issuance and may	17630
be renewed annually on or before the first day of July of that	17631
year upon payment of a permit renewal fee established in rules	17632
adopted under this section.	17633

(E) If a permit renewal fee is more than sixty days past due,	17634
the director may assess a late penalty in an amount established by	17635
rules adopted under this section.	17636

(F) The director shall adopt rules in accordance with Chapter	17637
119. of the Revised Code that do all of the following:	17638

(1) Establish procedures and requirements governing the	17639
issuance or denial of permits under this section;	17640

(2) Designate weighing and measuring devices for which a	17641
permit is required under this section in addition to those devices	17642
specified in the national institute of standards and technology	17643
handbook 44 or its supplements and revisions;	17644

(3) Establish application fees required to be paid by	17645
applicants for permits under this section;	17646

(4) Establish permit renewal fees required to be paid by	17647
permittees under this section;	17648

(5) Establish late penalties to be assessed for the late	17649
payment of a permit renewal fee and fees for the replacement of	17650
lost or destroyed permits.	17651

(G) All money collected through the payment of fees and the	17652
imposition of penalties under this section shall be credited to	17653
the metrology and scale certification and device permitting fund	17654
created in section 1327.511 of the Revised Code.	17655

Sec. 1327.51. (A) When necessary for the enforcement of	17656
sections 1327.46 to ~~1327.61~~1327.71 of the Revised Code or rules	17657
adopted pursuant thereto, the director of agriculture and any	17658
weights and measures official acting under the authority of	17659
section 1327.52 of the Revised Code may do any of the following:	17660

(1) Enter any commercial premises during normal business	17661
hours, except that in the event such premises are not open to the	17662
public, hethe director or official shall first present ~~his~~the	17663
director's or official's credentials and obtain consent before	17664
making entry thereto, unless a search warrant previously has been	17665
obtained;	17666

(2) Issue stop-use, hold, and removal orders with respect to	17667
any weights and measures commercially used, and stop-sale, hold,	17668
and removal orders with respect to any packaged commodities or	17669
bulk commodity observed to be or believed to be ~~kept, offered, or~~	17670
~~exposed for sale~~sold;	17671

(3) Seize for use as evidence any incorrect or unapproved	17672
weight or measure or any package or commodity found to be used,	17673
retained, ~~offered or exposed for sale,~~ or sold in violation of	17674
sections 1327.46 to ~~1327.61~~1327.71 of the Revised Code or rules	17675
~~promulgated~~adopted pursuant thereto.	17676

(B) The director shall afford an opportunity for a hearing in	17677
accordance with Chapter 119. of the Revised Code to any owner or	17678
operator whose property is seized by the ~~Ohio~~ department of	17679
agriculture.	17680

Sec. 1327.511. All money collected under ~~section~~sections	17681
1327.50 and 1327.501 of the Revised Code from fees and for	17682
services rendered by the department of agriculture in operating	17683
the type evaluation program, metrology laboratory program, and	17684
device permitting program, as applicable, shall be deposited in	17685
the state treasury to the credit of the metrology and scale	17686
certification and device permitting fund, which is hereby created.	17687
Money credited to the fund shall be used to pay operating costs	17688
incurred by the department in administering the ~~program~~division	17689
of weights and measures, including administrative costs incurred	17690
by the division.	17691

Sec. 1327.52. Any weights and measures official elected or	17692
appointed for a county or ~~municipality~~municipal corporation shall	17693
have the duties enumerated in divisions (I) to ~~(M)~~(L) of section	17694
1327.50 of the Revised Code,; the duties enumerated in division	17695
(M) of section 1327.50 of the Revised Code with the exception of	17696
duties enumerated in sections 1327.501, 1327.511, 1327.62,	17697
1327.65, 1327.70, and 1327.71 of the Revised Code; and the powers	17698
enumerated in section 1327.51 of the Revised Code. These powers	17699
and duties shall extend to the respective jurisdictions, except	17700
that the jurisdiction of a county official shall not extend to any	17701
municipal corporation for which a weights and measures official	17702
has been appointed. The director of agriculture shall advise and	17703
assist these officials.	17704

Sec. 1327.54. No person shall misrepresent the price of any	17705
commodity or service sold~~, offered, exposed,~~ or advertised for	17706
sale by weight, measure, or count, nor represent the price in any	17707
manner calculated or tending to mislead or in any way deceive a	17708
person.	17709

Sec. 1327.57. (A) Except as otherwise provided by law, any	17710
consumer package or commodity in package form introduced or	17711
delivered for introduction into or received in intrastate	17712
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	17713
~~sale~~sold in intrastate commerce shall bear on the outside of the	17714
package a definite, plain, and conspicuous declaration, as may be	17715
prescribed by rule adopted by the director of agriculture, of any	17716
of the following, as applicable:	17717

(1) The identity of the commodity in the package unless the	17718
same can easily be identified through the wrapper or container;	17719

(2) The net quantity of the contents in terms of weight,	17720
measure, or count;	17721

(3) In the case of any package ~~kept, or offered or exposed~~	17722
~~for sale, or~~ sold at any place other than on the premises where	17723
packed, the name and place of business of the manufacturer,	17724
packer, or distributor.	17725

This section does not apply to beer or intoxicating liquor as	17726
defined in section 4301.01 of the Revised Code, or packages	17727
thereof, or to malt or brewer's wort, or packages thereof.	17728

(B) Under division (A)(2) of this section, neither the	17729
qualifying term "when packed" or any words of similar import, nor	17730
any term qualifying a unit of weight, measure, or count that tends	17731
to exaggerate the amount of commodity in a package, shall be used.	17732

(C) In addition to the declarations required by division (A)	17733
of this section, any package or commodity in package form, if the	17734
package is one of a lot containing random weights, measures, or	17735
counts of the same commodity and bears the total selling price of	17736
the package, shall bear on the outside of the package a plain and	17737
conspicuous declaration of the price per single unit of weight,	17738
measure, or count.	17739

(D) No package or commodity in package form shall be so	17740
wrapped, nor shall it be in a container so made, formed, or	17741
filled, as to mislead the purchaser as to the quantity of the	17742
contents of the package, and the contents of a container shall not	17743
fall below any reasonable standard of fill that may have been	17744
prescribed for the commodity in question by the director.	17745

Sec. 1327.58. Irrespective of whether or not there exists an	17746
adequate remedy at law, the director of agriculture may apply to	17747
any court of competent jurisdiction for a temporary or permanent	17748
injunction or other appropriate relief restraining any person from	17749
continued violation of sections 1327.46 to ~~1327.61~~1327.71 of the	17750
Revised Code and of ~~regulations promulgated~~rules adopted	17751
thereunder.	17752

Sec. 1327.60. Enactment of sections 1327.46 to ~~1327.61~~	17753
1327.71 of the Revised Code does not affect any ~~regulations~~	17754
~~promulgated~~rules adopted pursuant to the authority of any earlier	17755
enabling statute unless inconsistent with sections 1327.46 to	17756
~~1327.61~~1327.71 of the Revised Code or modified or revoked by the	17757
director of agriculture.	17758

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	17759
the director's designee, has cause to believe that any person has	17760
violated, or is violating, ~~section 1327.54 or 1327.61~~any	17761
provision of sections 1327.46 to 1327.71 of the Revised Code or	17762
rules adopted under them, hethe director, or ~~his~~the director's	17763
designee, may conduct a hearing in accordance with Chapter 119. of	17764
the Revised Code to determine whether a violation has occurred. If	17765
the director or ~~his~~the director's designee determines that the	17766
person has violated or is violating ~~section 1327.54 or 1327.61~~any	17767
provision of sections 1327.46 to 1327.71 of the Revised Code or	17768
rules adopted under them, hethe director or the director's	17769
designee may assess a civil penalty against the person. The person	17770
is liable for a civil penalty of not more than five hundred	17771
dollars for a first violation; for a second violation the person	17772
is liable for a civil penalty of not more than two thousand five	17773
hundred dollars; for each subsequent violation that occurs within	17774
five years after the second violation, the person is liable for a	17775
civil penalty of not more than ten thousand dollars.	17776

Any person assessed a civil penalty under this section shall	17777
pay the amount prescribed to the department of agriculture. The	17778
department shall remit all moneys collected under this section to	17779
the treasurer of state for deposit in the general revenue fund.	17780

Sec. 1327.70. ~~(A) As used in this section:~~

17781

~~(1) "Diesel fuel" has the same meaning as in section 5735.01~~	17782
~~of the Revised Code.~~	17783

~~(2) "Motor fuel" means gasoline or diesel fuel that is sold~~	17784
~~by a retailer.~~	17785

~~(B)~~ The director of agriculture may adopt rules in accordance	17786
with Chapter 119. of the Revised Code establishing a motor fuel	17787
quality testing program that is uniform throughout the state. The	17788
rules shall do all of the following:	17789

(A) Establish fuel quality requirements that are modeled on	17790
the uniform laws and regulations in NIST handbook 130;	17791

(B) Incorporate standards for motor fuel based on the	17792
standards developed by ASTM committee D02 on petroleum products;	17793

(C) Establish requirements governing the standards and	17794
identity of fuels and petroleum and the advertising, posting of	17795
prices, and labeling of products;	17796

(D) Establish any other procedures and requirements that are	17797
necessary to implement this section, including the imposition of	17798
penalties.	17799

Sec. 1327.71. There is hereby created in the state treasury	17800
the fuel quality testing fund consisting of the proceeds of any	17801
fines resulting from penalties imposed in accordance with rules	17802
adopted under section 1327.70 of the Revised Code. Money in the	17803
fund shall be used to pay the costs incurred by the department of	17804
agriculture in implementing and administering the motor fuel	17805
quality testing program and the weights and measures program and	17806
to pay overhead costs of the department.	17807

Sec. 1327.99. Whoever violates section 1327.501, section	17808
1327.54 or, division (A), (B), (C), or (D) of section 1327.61, or	17809
section 1327.70 of the Revised Code or rules adopted under those	17810
sections is guilty of a misdemeanor of the second degree on a	17811
first offense; on each subsequent offense within seven years after	17812
the first offense, ~~such~~the person is guilty of a misdemeanor of	17813
the first degree.	17814

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	17815
the Revised Code, the director of commerce may issue to any	17816
person, or renew, a video service authorization, which	17817
authorization confers on the person the authority, subject to	17818
sections 1332.21 to 1332.34 of the Revised Code, to provide video	17819
service in its video service area; construct and operate a video	17820
service network in, along, across, or on public rights-of-way for	17821
the provision of video service; and, when necessary to provide	17822
that service, exercise the power of a telegraph company under	17823
section 4931.04 of the Revised Code. The term of a video service	17824
authorization or authorization renewal shall be ten years.	17825

(2) For the purposes of the "Cable Communications Policy Act	17826
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	17827
seq., a video service authorization shall constitute a franchise	17828
under that law, and the director shall be the sole franchising	17829
authority under that law for video service authorizations in this	17830
state. The director may adopt rules under Chapter 119. of the	17831
Revised Code to carry out sections 1332.21 to 1332.34 of the	17832
Revised Code.	17833

(3) The director may impose upon and collect an annual	17834
assessment on video service providers. All money collected under	17835
division (A)(3) of this section shall be deposited to the credit	17836
of the video service authorization fund created under section	17837
1332.25 of the Revised Code. The director annually shall	17838
determine the total amount to be so assessed based on the	17839
department's actual, current fiscal year administrative costs in	17840
carrying out those duties. The director shall allocate that	17841
amount proportionately among the video service providers to be	17842
assessed, using a formula established by rule. On or about the	17843
first day of July of each year, the director shall send to each	17844
video service provider to be assessed written notice of its	17845
proportional amount of the total assessment. The provider shall	17846
pay that amount not later than fourteen days following the date	17847
the notice is sent. After the initial assessment, the director	17848
annually shall reconcile the amount collected with the	17849
department's actual, fiscal year administrative costs in carrying	17850
out its duties under sections 1332.21 to 1332.34 of the Revised	17851
Code and either shall charge each assessed video service provider	17852
its respective proportion of any insufficiency or proportionately	17853
credit the provider's next assessment for any excess collected.	17854
The total amount in any fiscal year assessed shall not exceed the	17855
department's actual, current fiscal year administrative costs in	17856
carrying out its duties under sections 1332.21 to 1332.34 of the	17857
Revised Code.	17858

(B)(1) The director may investigate alleged violations of or	17859
failures to comply with division (A) of section 1332.23, division	17860
(A) of this section, division (C) of section 1332.25, division	17861
(C) or (D) of section 1332.26, division (A), (B), or (C) of	17862
section 1332.27, division (A) of section 1332.28, division (A) or	17863
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	17864
Revised Code, or complaints concerning any such violation or	17865
failure. Except as provided in this section, the director has no	17866
authority to regulate video service in this state, including, but	17867
not limited to, the rates, terms, or conditions of that service.	17868

(2) In conducting an investigation under division (B)(1) of	17869
this section, the director, by subpoena, may compel witnesses to	17870
testify in relation to any matter over which the director has	17871
jurisdiction and may require the production of any book, record,	17872
or other document pertaining to that matter. If a person fails to	17873
file any statement or report, obey any subpoena, give testimony,	17874
produce any book, record, or other document as required by a	17875
subpoena, or permit photocopying of any book, record, or other	17876
document subpoenaed, the court of common pleas of any county in	17877
this state, upon application made to it by the director, shall	17878
compel obedience by attachment proceedings for contempt, as in the	17879
case of disobedience of the requirements of a subpoena issued from	17880
the court or a refusal to testify.	17881

(C)(1) If the director finds that a person has violated or	17882
failed to comply with division (A) of section 1332.23, division	17883
(A) of this section, division (C) of section 1332.25, division	17884
(C) or (D) of section 1332.26, division (A), (B), or (C) of	17885
section 1332.27, division (A) of section 1332.28, division (A) or	17886
(B) of section 1332.29, or section 1332.30 or 1332.31 of the	17887
Revised Code, and the person has failed to cure the violation or	17888
failure after reasonable, written notice and reasonable time to	17889
cure, the director may do any of the following:	17890

(a) Apply to the court of common pleas of any county in this	17891
state for an order enjoining the activity or requiring compliance.	17892
Such an action shall be commenced not later than three years after	17893
the date the alleged violation or failure occurred or was	17894
reasonably discovered. Upon a showing by the director that the	17895
person has engaged in a violation or failure to comply, the court	17896
shall grant an injunction, restraining order, or other appropriate	17897
relief.	17898

(b) Enter into a written assurance of voluntary compliance	17899
with the person;	17900

(c) Pursuant to an adjudication under Chapter 119. of the	17901
Revised Code, assess a civil penalty in an amount determined by	17902
the director, including for any failure to comply with an	17903
assurance of voluntary compliance under division (C)(1)(b) of this	17904
section. The amount shall be not more than one thousand dollars	17905
for each day of violation or noncompliance, not to exceed a total	17906
of ten thousand dollars, counting all subscriber impacts as a	17907
single violation or act of noncompliance. In determining whether a	17908
civil penalty is appropriate under division (C)(1)(c) of this	17909
section, the director shall consider all of the following factors:	17910

(i) The seriousness of the noncompliance;

17911

(ii) The good faith efforts of the person to comply;

17912

(iii) The person's history of noncompliance;

17913

(iv) The financial resources of the person;

17914

(v) Any other matter that justice requires.

17915

Civil penalties collected pursuant to division (C)(1)(c) of	17916
this section shall be deposited to the credit of the video service	17917
enforcement fund in the state treasury, which is hereby created,	17918
to be used by the department of commerce in carrying out its	17919
duties under this section.	17920

(2) Pursuant to an adjudication under Chapter 119. of the	17921
Revised Code, the director may revoke, in whole or in part, the	17922
video service authorization of any person that has repeatedly and	17923
knowingly violated or failed to comply with division (A) of	17924
section 1332.23, division (A) of this section, division (C) of	17925
section 1332.25, division (C) or (D) of section 1332.26, division	17926
(A), (B), or (C) of section 1332.27, division (A) of section	17927
1332.28, division (A) or (B) of section 1332.29, or section	17928
1332.30 or 1332.31 of the Revised Code and that has failed to	17929
cure the violations or noncompliances after reasonable written	17930
notice and reasonable time to cure. Such person acts knowingly,	17931
regardless of the person's purpose, when the person is aware that	17932
the person's conduct will probably cause a certain result or will	17933
probably be of a certain nature. A person has knowledge of	17934
circumstances when the person is aware that such circumstances	17935
probably exist.	17936

(3) The court shall conduct a de novo review in any appeal	17937
from an adjudication under division (C)(1)(c) or (C)(2) of this	17938
section.	17939

(D) The public utilities commission has no authority over a	17940
video service provider in its offering of video service or a cable	17941
operator in its offering of cable or video service, or over any	17942
person in its offering of video service pursuant to a competitive	17943
video service agreement.	17944

Sec. 1332.25. (A) An application made to the director of	17945
commerce for a video service authorization under section 1332.24	17946
of the Revised Code shall require and contain only the following:	17947

(1) Specification of the location of the applicant's	17948
principal place of business and the names of the applicant's	17949
principal executive officers;	17950

(2) Specification of the geographic and political boundaries	17951
of the applicant's proposed video service area;	17952

(3) A general description of the type or types of	17953
technologies the applicant will use to deliver the video	17954
programming, which may include wireline, wireless, or any other	17955
alternative technology, subject, as applicable, to section 1332.29	17956
of the Revised Code;	17957

(4) An attestation that the applicant has filed or will	17958
timely file with the federal communications commission all forms	17959
required by that agency in advance of offering video service in	17960
this state;	17961

(5) An attestation that the applicant will comply with	17962
applicable federal, state, and local laws;	17963

(6) An attestation that the applicant is legally,	17964
financially, and technically qualified to provide video service;	17965

(7) A description of the applicant's customer complaint	17966
handling process, including policies on addressing customer	17967
service issues, billing adjustments, and communication with	17968
government officials regarding customer complaints, and a local or	17969
toll-free telephone number at which a customer may contact the	17970
applicant.	17971

(B) For the purpose of division (A)(2) of this section:

17972

(1) The video service areas of video service providers may	17973
overlap.	17974

(2) A specified video service area shall be coextensive with	17975
municipal, township unincorporated area, or county boundaries,	17976
except as authorized under division (B)(3) or (4) of this section,	17977
but nothing in sections 1332.21 to 1332.34 of the Revised Code	17978
shall require a video service provider to provide access to video	17979
service within the entire video service area.	17980

(3) The specified video service area of a person using	17981
telecommunications facilities to provide video service on ~~the~~	17982
~~effective date of this section~~September 24, 2007, or of any other	17983
person later so using telecommunications facilities shall be the	17984
geographic area in which the person offers basic local exchange	17985
service.	17986

(4) Subject to division (C)(2) of section 1332.27 of the	17987
Revised Code, the specified video service area of an applicant	17988
cable operator that offers service under a franchise in effect on	17989
~~the effective date of this section~~September 24, 2007, initially	17990
shall be, at minimum, the franchise area established under that	17991
franchise.	17992

(C) A video service provider shall immediately file an	17993
application to amend its video service authorization with the	17994
director to reflect any change in the information required under	17995
division (A)(1), (2), or (3) of this section. An amendment	17996
pursuant to division (A)(2) of this section shall include any new	17997
delivery technology information required by division (A)(3) of	17998
this section.	17999

(D) Within thirty days after its filing or within thirty days	18000
after the filing of supplemental information necessary to make it	18001
complete, the director shall determine the completeness of an	18002
application filed under division (A) or (C) of this section	18003
relative to the respective requirements of divisions (A), (B), and	18004
(C) of this section and, as applicable, shall notify the applicant	18005
of an incompleteness determination, state the bases for that	18006
determination, and inform the applicant that it may resubmit a	18007
corrected application. The director shall issue a video service	18008
authorization, authorization renewal, or amended authorization	18009
within fifteen days after the director's determination that the	18010
filed application is complete.	18011

If the director does not notify the applicant regarding the	18012
completeness of the application within the time period specified	18013
in this division or does not issue the authorization requested by	18014
a completed application within the applicable time period, the	18015
application shall be deemed complete, and the authorization or	18016
amended authorization deemed issued on the forty-fifth day after	18017
the application's filing date.	18018

(E) An applicant shall pay a two thousand dollar	18019
nonrefundable fee for each application filed under division (A) of	18020
this section and a one hundred dollar nonrefundable fee for each	18021
application to amend filed under division (C) of this section.	18022
Fees collected under this division shall be deposited to the	18023
credit of the video service authorization fund in the state	18024
treasury, which is hereby created, to be used by the department of	18025
commerce in carrying out its duties under ~~this section~~sections	18026
1332.21 to 1332.34 of the Revised Code.	18027

(F) No video service provider shall identify or make	18028
reference to an application fee under division (E) of this section	18029
or an assessment under section 1332.24 of the Revised Code on any	18030
subscriber bill or in conjunction with charging any fee to the	18031
subscriber.	18032

(G) An applicant may identify any information in its	18033
application as trade secret information, and if, upon its written	18034
request to the director, the director reasonably affirms all or	18035
part of that information as trade secret information, the	18036
information so affirmed does not constitute a public record for	18037
the purpose of section 149.43 of the Revised Code.	18038

Sec. 1347.08. (A) Every state or local agency that maintains	18039
a personal information system, upon the request and the proper	18040
identification of any person who is the subject of personal	18041
information in the system, shall:	18042

(1) Inform the person of the existence of any personal	18043
information in the system of which the person is the subject;	18044

(2) Except as provided in divisions (C) and (E)(2) of this	18045
section, permit the person, the person's legal guardian, or an	18046
attorney who presents a signed written authorization made by the	18047
person, to inspect all personal information in the system of which	18048
the person is the subject;	18049

(3) Inform the person about the types of uses made of the	18050
personal information, including the identity of any users usually	18051
granted access to the system.	18052

(B) Any person who wishes to exercise a right provided by	18053
this section may be accompanied by another individual of the	18054
person's choice.	18055

(C)(1) A state or local agency, upon request, shall disclose	18056
medical, psychiatric, or psychological information to a person who	18057
is the subject of the information or to the person's legal	18058
guardian, unless a physician, psychiatrist, or psychologist	18059
determines for the agency that the disclosure of the information	18060
is likely to have an adverse effect on the person, in which case	18061
the information shall be released to a physician, psychiatrist, or	18062
psychologist who is designated by the person or by the person's	18063
legal guardian.	18064

(2) Upon the signed written request of either a licensed	18065
attorney at law or a licensed physician designated by the inmate,	18066
together with the signed written request of an inmate of a	18067
correctional institution under the administration of the	18068
department of rehabilitation and correction, the department shall	18069
disclose medical information to the designated attorney or	18070
physician as provided in division (C) of section 5120.21 of the	18071
Revised Code.	18072

(D) If an individual who is authorized to inspect personal	18073
information that is maintained in a personal information system	18074
requests the state or local agency that maintains the system to	18075
provide a copy of any personal information that the individual is	18076
authorized to inspect, the agency shall provide a copy of the	18077
personal information to the individual. Each state and local	18078
agency may establish reasonable fees for the service of copying,	18079
upon request, personal information that is maintained by the	18080
agency.	18081

(E)(1) This section regulates access to personal information	18082
that is maintained in a personal information system by persons who	18083
are the subject of the information, but does not limit the	18084
authority of any person, including a person who is the subject of	18085
personal information maintained in a personal information system,	18086
to inspect or have copied, pursuant to section 149.43 of the	18087
Revised Code, a public record as defined in that section.	18088

(2) This section does not provide a person who is the subject	18089
of personal information maintained in a personal information	18090
system, the person's legal guardian, or an attorney authorized by	18091
the person, with a right to inspect or have copied, or require an	18092
agency that maintains a personal information system to permit the	18093
inspection of or to copy, a confidential law enforcement	18094
investigatory record or trial preparation record, as defined in	18095
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	18096

(F) This section does not apply to any of the following:

18097

(1) The contents of an adoption file maintained by the	18098
department of health under section 3705.12 of the Revised Code;	18099

(2) Information contained in the putative father registry	18100
established by section 3107.062 of the Revised Code, regardless of	18101
whether the information is held by the department of job and	18102
family services or, pursuant to section 3111.69 of the Revised	18103
Code, the office of child support in the department or a child	18104
support enforcement agency;	18105

(3) Papers, records, and books that pertain to an adoption	18106
and that are subject to inspection in accordance with section	18107
3107.17 of the Revised Code;	18108

(4) Records listed in division (A) of section 3107.42 of the	18109
Revised Code or specified in division (A) of section 3107.52 of	18110
the Revised Code;	18111

(5) Records that identify an individual described in division	18112
(A)(1) of section 3721.031 of the Revised Code, or that would tend	18113
to identify such an individual;	18114

(6) Files and records that have been expunged under division	18115
(D)(1) or (2) of section 3721.23 of the Revised Code;	18116

(7) Records that identify an individual described in division	18117
(A)(1) of section 3721.25 of the Revised Code, or that would tend	18118
to identify such an individual;	18119

(8) Records that identify an individual described in division	18120
(A)(1) of section 5111.61 of the Revised Code, or that would tend	18121
to identify such an individual;	18122

(9) Test materials, examinations, or evaluation tools used in	18123
an examination for licensure as a nursing home administrator that	18124
the board of examiners of nursing home administrators administers	18125
under section 4751.04 of the Revised Code or contracts under that	18126
section with a private or government entity to administer;	18127

(10) Information contained in a database established and	18128
maintained pursuant to section 5101.13 of the Revised Code.	18129

Sec. 1501.01. (A) Except where otherwise expressly provided,	18130
the director of natural resources shall formulate and institute	18131
all the policies and programs of the department of natural	18132
resources. The chief of any division of the department shall not	18133
enter into any contract, agreement, or understanding unless it is	18134
approved by the director. No appointee or employee of the	18135
director, other than the assistant director, may bind the director	18136
in a contract except when given general or special authority to do	18137
so by the director.	18138

(B) The director shall correlate and coordinate the work and	18139
activities of the divisions in the department to eliminate	18140
unnecessary duplications of effort and overlapping of functions.	18141
The chiefs of the various divisions of the department shall meet	18142
with the director at least once each month at a time and place	18143
designated by the director.	18144

The director may create advisory boards to any of those	18145
divisions in conformity with section 121.13 of the Revised Code.	18146

(C) The director may accept and expend gifts, devises, and	18147
bequests of money, lands, and other properties on behalf of the	18148
department or any division thereof under the terms set forth in	18149
section 9.20 of the Revised Code. Any political subdivision of	18150
this state may make contributions to the department for the use of	18151
the department or any division therein according to the terms of	18152
the contribution.	18153

(D) The director may publish and sell or otherwise distribute	18154
data, reports, and information.	18155

(E) The director may identify and develop the geographic	18156
information system needs for the department, which may include,	18157
but not be limited to, all of the following:	18158

(1) Assisting in the training and education of department	18159
resource managers, administrators, and other staff in the	18160
application and use of geographic information system technology;	18161

(2) Providing technical support to the department in the	18162
design, preparation of data, and use of appropriate geographic	18163
information system applications in order to help solve resource	18164
related problems and to improve the effectiveness and efficiency	18165
of department delivered services;	18166

(3) Creating, maintaining, and documenting spatial digital	18167
data bases;	18168

(4) Providing information to and otherwise assisting	18169
government officials, planners, and resource managers in	18170
understanding land use planning and resource management;	18171

(5) Providing continuing assistance to local government	18172
officials and others in natural resource digital data base	18173
development and in applying and utilizing the geographic	18174
information system for land use planning, current agricultural use	18175
value assessment, development reviews, coastal management, and	18176
other resource management activities;	18177

(6) Coordinating and administering the remote sensing needs	18178
of the department, including the collection and analysis of	18179
aerial photography, satellite data, and other data pertaining to	18180
land, water, and other resources of the state;	18181

(7) Preparing and publishing maps and digital data relating	18182
to the state's land use and land cover over time on a local,	18183
regional, and statewide basis;	18184

(8) Locating and distributing hard copy maps, digital data,	18185
aerial photography, and other resource data and information to	18186
government agencies and the public;	18187

(9) Preparing special studies and executing any other related	18188
duties, functions, and responsibilities identified by the	18189
director;	18190

(10) Entering into contracts or agreements with any agency	18191
of the United States government, any other public agency, or any	18192
private agency or organization for the performance of the duties	18193
specified in division (E) of this section or for accomplishing	18194
cooperative projects within those duties;	18195

(11) Entering into agreements with local government agencies	18196
for the purposes of land use inventories, Ohio capability	18197
analysis data layers, and other duties related to resource	18198
management.	18199

(F) The director shall adopt rules in accordance with Chapter	18200
119. of the Revised Code to permit the department to accept by	18201
means of a credit card the payment of fees, charges, and rentals	18202
at those facilities described in section 1501.07 of the Revised	18203
Code that are operated by the department, for any data, reports,	18204
or information sold by the department, and for any other goods or	18205
services provided by the department.	18206

(G) Whenever authorized by the governor to do so, the	18207
director may appropriate property for the uses and purposes	18208
authorized to be performed by the department and on behalf of any	18209
division within the department. This authority shall be exercised	18210
in the manner provided in sections 163.01 to 163.22 of the Revised	18211
Code for the appropriation of property by the director of	18212
administrative services. This authority to appropriate property is	18213
in addition to the authority provided by law for the appropriation	18214
of property by divisions of the department. The director of	18215
natural resources also may acquire by purchase, lease, or	18216
otherwise such real and personal property rights or privileges in	18217
the name of the state as are necessary for the purposes of the	18218
department or any division therein. The director, with the	18219
approval of the governor and the attorney general, may sell,	18220
lease, or exchange portions of lands or property, real or	18221
personal, of any division of the department or grant easements or	18222
licenses for the use thereof, or enter into agreements for the	18223
sale of water from lands and waters under the administration or	18224
care of the department or any of its divisions, when the sale,	18225
lease, exchange, easement, agreement, or license for use is	18226
advantageous to the state, provided that such approval is not	18227
required for leases and contracts made under section 1501.07,	18228
1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water	18229
may be sold from a reservoir only to the extent that the reservoir	18230
was designed to yield a supply of water for a purpose other than	18231
recreation or wildlife, and the water sold is in excess of that	18232
needed to maintain the reservoir for purposes of recreation or	18233
wildlife.	18234

Money received from such sales, leases, easements, exchanges,	18235
agreements, or licenses for use, except revenues required to be	18236
set aside or paid into depositories or trust funds for the payment	18237
of bonds issued under sections 1501.12 to 1501.15 of the Revised	18238
Code, and to maintain the required reserves therefor as provided	18239
in the orders authorizing the issuance of such bonds or the trust	18240
agreements securing such bonds, revenues required to be paid and	18241
credited pursuant to the bond proceeding applicable to obligations	18242
issued pursuant to section 154.22, and revenues generated under	18243
section 1520.05 of the Revised Code, shall be deposited in the	18244
state treasury to the credit of the fund of the division of the	18245
department having prior jurisdiction over the lands or property.	18246
If no such fund exists, the money shall be credited to the general	18247
revenue fund. All such money received from lands or properties	18248
administered by the division of wildlife shall be credited to the	18249
wildlife fund.	18250

(H) The director shall provide for the custody, safekeeping,	18251
and deposit of all moneys, checks, and drafts received by the	18252
department or its employees prior to paying them to the treasurer	18253
of state under section 113.08 of the Revised Code.	18254

(I) The director shall cooperate with the nature conservancy,	18255
other nonprofit organizations, and the United States fish and	18256
wildlife service in order to secure protection of islands in the	18257
Ohio river and the wildlife and wildlife habitat of those islands.	18258

(J) Any instrument by which real property is acquired	18259
pursuant to this section shall identify the agency of the state	18260
that has the use and benefit of the real property as specified in	18261
section 5301.012 of the Revised Code.	18262

Sec. 1501.05. All chiefs of divisions in the department of	18263
natural resources shall be appointed by the director of natural	18264
resources. The chiefs of those divisions may be removed by the	18265
director.	18266

The chief engineer of the department of natural resources	18267
shall be a ~~registered~~ professional engineer registered under	18268
Chapter 4733. of the Revised Code or a professional architect	18269
certified and registered under Chapter 4703. of the Revised Code.	18270

The chief of each division and the chief engineer, with the	18271
advice and consent of the director, may employ such number of	18272
technical and administrative assistants as are necessary.	18273

All employees of the department, unless specifically exempted	18274
by law, shall be employed subject to the classified civil service	18275
laws in force at the time of their employment.	18276

Sec. 1501.07. The department of natural resources through	18277
the division of parks and recreation may plan, supervise, acquire,	18278
construct, enlarge, improve, erect, equip, and furnish public	18279
service facilities such as inns, lodges, hotels, cottages, camping	18280
sites, scenic trails, picnic sites, restaurants, commissaries,	18281
golf courses, boating and bathing facilities, and other similar	18282
facilities in state parks reasonably necessary and useful in	18283
promoting the public use of state parks under its control and may	18284
purchase lands or interests in lands in the name of the state	18285
necessary for those purposes.	18286

The chief of the division of parks and recreation shall	18287
administer state parks, establish rules, fix fees and charges for	18288
admission to parks and for the use of public service facilities	18289
therein, establish rentals for the lease of lands or interests	18290
therein within a state park the chief is authorized by law to	18291
lease, and exercise all powers of the chief, in conformity with	18292
all covenants of the director of natural resources in or with	18293
respect to state park revenue bonds and trust agreements securing	18294
such bonds and all terms, provisions, and conditions of such bonds	18295
and trust agreements. In the administration of state parks with	18296
respect to which state park revenue bonds are issued and	18297
outstanding, or any part of the moneys received from fees and	18298
charges for admission to or the use of facilities, from rentals	18299
for the lease of lands or interests or facilities therein, or for	18300
the lease of public service facilities are pledged for any such	18301
bonds, the chief shall exercise the powers and perform the duties	18302
of the chief subject to the control and approval of the director.	18303
The acquisition of such lands or interests therein and facilities	18304
shall be planned with regard to the needs of the people of the	18305
state and with regard to the purposes and uses of such state parks	18306
and, except for facilities constructed in consideration of a lease	18307
under section 1501.012 of the Revised Code, shall be paid for from	18308
the state park fund created in section 1541.22 of the Revised Code	18309
or from the proceeds of the sale of bonds issued under sections	18310
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04	18311
of the Revised Code, insofar as they require a certification by	18312
the chief of the division of capital planning and improvement, do	18313
not apply to the acquisition of lands or interests therein and	18314
public service facilities to be paid for from the proceeds of	18315
bonds issued under sections 1501.12 to 1501.15 of the Revised	18316
Code.	18317

As used in sections 1501.07 to 1501.14 of the Revised Code,	18318
state parks are all of the following:	18319

(A) State reservoirs described and identified in section	18320
1541.06 of the Revised Code;	18321

(B) All lands or interests therein that are denominated as	18322
state parks in section 1541.083 of the Revised Code;	18323

(C) All lands or interests therein of the state identified as	18324
administered by the division of parks and recreation in the	18325
"inventory of state owned lands administered by department of	18326
natural resources as of June 1, 1963," as recorded in the journal	18327
of the director, which inventory was prepared by the real estate	18328
section of the department and is supported by maps on file inwith	18329
the division ~~of real estate and land management~~;	18330

(D) All lands or interests in lands of the state hereafter	18331
designated as state parks in the journal of the director with the	18332
approval of the recreation and resources council.	18333

All such state parks shall be exclusively under the control	18334
and administration of the division of parks and recreation. With	18335
the approval of the council, the director by order may remove from	18336
the classification as state parks any of the lands or interests	18337
therein so classified by divisions (C) and (D) of this section,	18338
subject to the limitations, provisions, and conditions in any	18339
order authorizing state park revenue bonds or in any trust	18340
agreement securing such bonds. Lands or interests therein so	18341
removed shall be transferred to other divisions of the department	18342
for administration or may be sold as provided by law. Proceeds of	18343
any sale shall be used or transferred as provided in the order	18344
authorizing state park revenue bonds or in the trust agreement	18345
and, if no such provision is made, shall be transferred to the	18346
state park fund. State parks do not include any lands or interest	18347
in lands of the state administered jointly by two or more	18348
divisions of the department. The designation of lands as state	18349
parks under divisions (A) to (D) of this section shall be	18350
conclusive, and those lands shall be under the control of and	18351
administered by the division of parks and recreation. No order or	18352
proceeding designating lands as state parks or park purchase areas	18353
shall be subject to any appeal or review by any officer, board,	18354
commission, or court.	18355

Sec. 1501.30. (A) As used in sections 1501.30 to 1501.35 of	18356
the Revised Code:	18357

(1) "Consumptive use" means a use of water resources, other	18358
than a diversion, that results in a loss of that water to the	18359
basin from which it is withdrawn and includes, but is not limited	18360
to, evaporation, evapotranspiration, and incorporation of water	18361
into a product or agricultural crop.	18362

(2) "Diversion" means a withdrawal of water resources from	18363
either the Lake Erie or Ohio river drainage basin and transfer to	18364
another basin without return. "Diversion" does not include	18365
evaporative loss within the basin of withdrawal.	18366

(3) "Other great lakes states and provinces" means states	18367
other than this state that are parties to the great lakes basin	18368
compact under Chapter 6161. of the Revised Code and the Canadian	18369
provinces of Ontario and Quebec.	18370

(4) "Person" has the same meaning as in section 1.59 of the	18371
Revised Code and also includes any state, any political	18372
subdivision of a state, and any department, division, board,	18373
commission, agency, or instrumentality of a state or political	18374
subdivision of a state.	18375

(5) "Water resources" means any waters of the state that are	18376
available or may be made available to agricultural, industrial,	18377
commercial, and domestic users.	18378

(6) "Waters of the state" includes all streams, lakes, ponds,	18379
marshes, watercourses, waterways, wells, springs, irrigation	18380
systems, drainage systems, and other bodies or accumulations of	18381
water, surface and underground, natural or artificial, regardless	18382
of the depth of the strata in which underground water is located,	18383
that are situated wholly or partly within or border upon this	18384
state or are within its jurisdiction.	18385

(B) The chief of the division of soil and water resources of	18386
the department of natural resources shall define "Lake Erie	18387
drainage basin" and "Ohio river drainage basin" for the purposes	18388
of sections 1501.30 to 1501.35 of the Revised Code.	18389

Sec. 1502.12. (A) There is hereby created in the state	18390
treasury the scrap tire grant fund, consisting of moneys	18391
transferred to the fund under section 3734.82 of the Revised Code.	18392
The chief of the division of recycling and litter prevention, with	18393
the approval of the director of natural resources, may make grants	18394
from the fund for the ~~purpose of supporting~~following purposes:	18395

(1) Supporting market development activities for scrap tires	18396
and synthetic rubber from tire manufacturing processes and tire	18397
recycling processes;	18398

(2) Supporting scrap tire amnesty and cleanup events	18399
sponsored by solid waste management districts. ~~The grants~~	18400

Grants awarded under division (A)(1) of this section may be	18401
awarded to individuals, businesses, and entities certified under	18402
division (A) of section 1502.04 of the Revised Code.	18403

(B) Projects and activities that are eligible for grants	18404
under division (A)(1) of this section shall be evaluated for	18405
funding using, at a minimum, the following criteria:	18406

(1) The degree to which a proposed project contributes to the	18407
increased use of scrap tires generated in this state;	18408

(2) The degree of local financial support for a proposed	18409
project;	18410

(3) The technical merit and quality of a proposed project.

18411

Sec. 1506.01. As used in this chapter:

18412

(A) "Coastal area" means the waters of Lake Erie, the islands	18413
in the lake, and the lands under and adjacent to the lake,	18414
including transitional areas, wetlands, and beaches. The coastal	18415
area extends in Lake Erie to the international boundary line	18416
between the United States and Canada and landward only to the	18417
extent necessary to include shorelands, the uses of which have a	18418
direct and significant impact on coastal waters as determined by	18419
the director of natural resources.	18420

(B) "Coastal management program" means the comprehensive	18421
action of the state and its political subdivisions cooperatively	18422
to preserve, protect, develop, restore, or enhance the resources	18423
of the coastal area and to ensure wise use of the land and water	18424
resources of the coastal area, giving attention to natural,	18425
cultural, historic, and aesthetic values; agricultural,	18426
recreational, energy, and economic needs; and the national	18427
interest. "Coastal management program" includes the establishment	18428
of objectives, policies, standards, and criteria concerning,	18429
without limitation, protection of air, water, wildlife, rare and	18430
endangered species, wetlands and natural areas, and other natural	18431
resources in the coastal area; management of coastal development	18432
and redevelopment; preservation and restoration of historic,	18433
cultural, and aesthetic coastal features; and public access to the	18434
coastal area for recreation purposes.	18435

(C) "Coastal management program document" means a	18436
comprehensive statement consisting of, without limitation, text,	18437
maps, and illustrations that is adopted by the director in	18438
accordance with this chapter, describes the objectives, policies,	18439
standards, and criteria of the coastal management program for	18440
guiding public and private uses of lands and waters in the coastal	18441
area, lists the governmental agencies, including, without	18442
limitation, state agencies, involved in implementing the coastal	18443
management program, describes their applicable policies and	18444
programs, and cites the statutes and rules under which they may	18445
adopt and implement those policies and programs.	18446

(D) "Person" means any agency of this state, any political	18447
subdivision of this state or of the United States, and any legal	18448
entity defined as a person under section 1.59 of the Revised Code.	18449

(E) "Director" means the director of natural resources or the	18450
director's designee.	18451

(F) "Permanent structure" means any residential, commercial,	18452
industrial, institutional, or agricultural building, any mobile	18453
home as defined in division (O) of section 4501.01 of the Revised	18454
Code, any manufactured home as defined in division (C)(4) of	18455
section 3781.06 of the Revised Code, and any septic system that	18456
receives sewage from a single-family, two-family, or three-family	18457
dwelling, but does not include any recreational vehicle as defined	18458
in section 4501.01 of the Revised Code.	18459

(G) "State agency" or "agency of the state" has the same	18460
meaning as "agency" as defined in section 111.15 of the Revised	18461
Code.	18462

(H) "Coastal flood hazard area" means any territory within	18463
the coastal area that has been identified as a flood hazard area	18464
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	18465
42 U.S.C.A. 4002, as amended.	18466

(I) "Coastal erosion area" means any territory included in	18467
Lake Erie coastal erosion areas identified by the director under	18468
section 1506.06 of the Revised Code.	18469

(J) "Conservancy district" means a conservancy district that	18470
is established under Chapter 6101. of the Revised Code.	18471

(K) "Park board" means the board of park commissioners of a	18472
park district that is created under Chapter 1545. of the Revised	18473
Code.	18474

(L) "Erosion control structure" means a structure that is	18475
designed solely and specifically to reduce or control erosion of	18476
the shore along or near Lake Erie, including, without limitation,	18477
revetments, seawalls, bulkheads, certain breakwaters, and similar	18478
structures.	18479

(M) "Shore structure" includes, but is not limited to,	18480
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	18481
certain dikes designated by the chief of the division of soil and	18482
water resources; piers; docks; jetties; wharves; marinas; boat	18483
ramps; any associated fill or debris used as part of the	18484
construction of shore structures that may affect shore erosion,	18485
wave action, or inundation; and fill or debris that is placed	18486
along or near the shore, including bluffs, banks, or beach	18487
ridges, for the purpose of stabilizing slopes.	18488

Sec. 1507.01. There is hereby created in the department of	18489
natural resources the division of engineering to be administered	18490
by the chief engineer of the department, who shall be a	18491
professional engineer registered under Chapter 4733. of the	18492
Revised Code or a professional architect certified and registered	18493
under Chapter 4703. of the Revised Code. ~~The~~With the approval of	18494
the director of natural resources, the chief engineer shall do all	18495
of the following:	18496

(A) Administer this chapter;

18497

(B) Provide engineering, architectural, land surveying, and	18498
related administrative and maintenance support services to the	18499
other divisions in the department;	18500

(C) ~~Upon request of the director of natural resources,~~	18501
~~implement~~Implement the department's capital improvement program	18502
and facility maintenance projects, including all associated	18503
~~engineering, architectural,~~planning, design, contracting,	18504
surveying, inspection, and management responsibilities and	18505
requirements;	18506

(D) ~~With the approval of the director, act~~Act as contracting	18507
officer in departmental engineering, architectural, surveying, and	18508
construction matters regarding capital improvements except for	18509
those matters otherwise specifically provided for in law;	18510

(E) ~~Provide engineering support for the coastal management~~	18511
~~program established under Chapter 1506. of the Revised Code;~~	18512

~~(F)~~ Coordinate the department's roadway maintenance program	18513
with the department of transportation pursuant to section 5511.05	18514
of the Revised Code and maintain the roadway inventory of the	18515
department of natural resources;	18516

~~(G)~~(F) Coordinate the department's projects, programs,	18517
policies, procedures, and activities with the United States army	18518
corps of engineers;	18519

~~(H) Subject to the approval of the director, employ~~(G)	18520
Employ professional and technical assistants and such other	18521
employees as are necessary for the performance of the activities	18522
required or authorized under this chapter, other work of the	18523
division, and any other work agreed to under working agreements or	18524
contractual arrangements; prescribe their duties; and fix their	18525
compensation in accordance with such schedules as are provided by	18526
law for the compensation of state employees.;	18527

(H) Except as otherwise provided in the Revised Code,	18528
coordinate and conduct all real estate functions for the	18529
department of natural resources, including at least acquisitions	18530
by purchase, lease, gift, devise, bequest, appropriation, or	18531
otherwise; grants through sales, leases, exchanges, easements, and	18532
licenses; inventories of land; and other related general	18533
management duties;	18534

(I) Coordinate such environmental matters concerning the	18535
department and the state as are necessary to comply with the	18536
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	18537
U.S.C. 4321, as amended, the "Intergovernmental Cooperation Act of	18538
1968," 82 Stat. 1098, 31 U.S.C. 6506, and the "Federal Water	18539
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as	18540
amended, and regulations adopted under those acts;	18541

(J) Coordinate and administer compensatory mitigation grant	18542
programs and other programs for streams and wetlands as approved	18543
in accordance with certifications and permits issued under	18544
sections 401 and 404 of the "Federal Water Pollution Control	18545
Act," 91 Stat. 1566 (1977), 33 U.S.C. 1251, as amended, by the	18546
environmental protection agency and the United States army corps	18547
of engineers;	18548

(K) Coordinate all department activities associated with the	18549
completion of drainage ditch improvements in accordance with	18550
Chapters 6131. and 6133. of the Revised Code;	18551

(L) Assist the department and its divisions by providing	18552
department-wide planning, including at least master planning,	18553
comprehensive planning, capital improvements planning, and special	18554
purpose planning.	18555

Sec. 1511.01. For the purposes of this chapter:

18556

(A) "Conservation" means the wise use and management of	18557
natural resources.	18558

(B) "Critical natural resource area" means an area identified	18559
by the director of natural resources in which occurs a natural	18560
resource that requires special management because of its	18561
importance to the well-being of the surrounding communities, the	18562
region, or the state.	18563

(C) "Pollution abatement practice" means any erosion control	18564
or animal waste pollution abatement facility, structure, or	18565
procedure and the operation and management associated with it as	18566
contained in operation and management plans developed or approved	18567
by the chief of the division of soil and water ~~conservation~~	18568
resources or by soil and water conservation districts established	18569
under Chapter 1515. of the Revised Code.	18570

(D) "Agricultural pollution" means failure to use management	18571
or conservation practices in farming or silvicultural operations	18572
to abate wind or water erosion of the soil or to abate the	18573
degradation of the waters of the state by animal waste or soil	18574
sediment, including substances attached thereto.	18575

(E) "Waters of the state" means all streams, lakes, ponds,	18576
wetlands, watercourses, waterways, wells, springs, irrigation	18577
systems, drainage systems, and all other bodies or accumulations	18578
of water, surface and underground, natural or artificial,	18579
regardless of the depth of the strata in which underground water	18580
is located, that are situated wholly or partly within, or border	18581
upon, this state or are within its jurisdiction, except those	18582
private waters that do not combine or effect a junction with	18583
natural surface or underground waters.	18584

(F) "Operation and management plan" means a written record,	18585
developed or approved by the district board of supervisors or the	18586
chief, for the owner or operator of agricultural land or a	18587
concentrated animal feeding ~~operations~~operation that contains	18588
implementation schedules and operational procedures for a level of	18589
management and pollution abatement practices that will abate the	18590
degradation of the waters of the state by animal waste and by soil	18591
sediment including attached pollutants.	18592

(G) "Animal waste" means animal excreta, discarded products,	18593
bedding, wash waters, waste feed, and silage drainage. "Animal	18594
waste" also includes the compost products resulting from the	18595
composting of dead animals in operations subject to section	18596
1511.022 of the Revised Code when either of the following applies:	18597

(1) The composting is conducted by the person who raises the	18598
animals and the compost product is used in agricultural operations	18599
owned or operated by that person, regardless of whether the person	18600
owns the animals;	18601

(2) The composting is conducted by the person who owns the	18602
animals, but does not raise them and the compost product is used	18603
in agricultural operations either by a person who raises the	18604
animals or by a person who raises grain that is used to feed them	18605
and that is supplied by the owner of the animals.	18606

(H) "Composting" means the controlled decomposition of	18607
organic solid material consisting of dead animals that stabilizes	18608
the organic fraction of the material.	18609

Sec. 1511.02. The chief of the division of soil and water	18610
~~conservation~~resources, subject to the approval of the director of	18611
natural resources, shall do all of the following:	18612

(A) Provide administrative leadership to local soil and water	18613
conservation districts in planning, budgeting, staffing, and	18614
administering district programs and the training of district	18615
supervisors and personnel in their duties, responsibilities, and	18616
authorities as prescribed in this chapter and Chapter 1515. of the	18617
Revised Code;	18618

(B) Administer this chapter and Chapter 1515. of the Revised	18619
Code pertaining to state responsibilities and provide staff	18620
assistance to the Ohio soil and water conservation commission in	18621
exercising its statutory responsibilities;	18622

(C) Assist in expediting state responsibilities for watershed	18623
development and other natural resource conservation works of	18624
improvement;	18625

(D) Coordinate the development and implementation of	18626
cooperative programs and working agreements between local soil and	18627
water conservation districts and divisions or sections of the	18628
department of natural resources, or other agencies of local,	18629
state, and federal government;	18630

(E) Subject to the approval of the Ohio soil and water	18631
conservation commission, adopt, amend, or rescind rules pursuant	18632
to Chapter 119. of the Revised Code. Rules adopted pursuant to	18633
this section:	18634

(1) Shall establish technically feasible and economically	18635
reasonable standards to achieve a level of management and	18636
conservation practices in farming or silvicultural operations that	18637
will abate wind or water erosion of the soil or abate the	18638
degradation of the waters of the state by animal waste or by soil	18639
sediment including substances attached thereto, and establish	18640
criteria for determination of the acceptability of such management	18641
and conservation practices;	18642

(2) Shall establish technically feasible and economically	18643
reasonable standards to achieve a level of management and	18644
conservation practices that will abate wind or water erosion of	18645
the soil or abate the degradation of the waters of the state by	18646
soil sediment in conjunction with land grading, excavating,	18647
filling, or other soil-disturbing activities on land used or being	18648
developed for nonfarm commercial, industrial, residential, or	18649
other nonfarm purposes, and establish criteria for determination	18650
of the acceptability of such management and conservation	18651
practices. The standards shall be designed to implement applicable	18652
areawide waste treatment management plans prepared under section	18653
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	18654
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	18655
shall not apply in any municipal corporation or county that adopts	18656
ordinances or rules pertaining to sediment control, nor to lands	18657
being used in a strip mine operation as defined in section 1513.01	18658
of the Revised Code, nor to lands being used in a surface mining	18659
operation as defined in section 1514.01 of the Revised Code.	18660

(3) May recommend criteria and procedures for the approval of	18661
urban sediment pollution abatement plans and issuance of permits	18662
prior to any grading, excavating, filling, or other whole or	18663
partial disturbance of five or more contiguous acres of land owned	18664
by one person or operated as one development unit and require	18665
implementation of such a plan. Areas of less than five contiguous	18666
acres are not exempt from compliance with other provisions of this	18667
chapter and rules adopted under them.	18668

(4) Shall establish procedures for administration of rules	18669
for agricultural pollution abatement and urban sediment pollution	18670
abatement and for enforcement of rules for agricultural pollution	18671
abatement;	18672

(5) Shall specify the pollution abatement practices eligible	18673
for state cost sharing and determine the conditions for	18674
eligibility, the construction standards and specifications, the	18675
useful life, the maintenance requirements, and the limits of cost	18676
sharing for those practices. Eligible practices shall be limited	18677
to practices that address agricultural or silvicultural operations	18678
and that require expenditures that are likely to exceed the	18679
economic returns to the owner or operator and that abate soil	18680
erosion or degradation of the waters of the state by animal waste	18681
or soil sediment including pollutants attached thereto.	18682

(6) ~~Until June 1, 1996, shall specify the multiflora rose~~	18683
~~control practices eligible for state cost sharing, the conditions~~	18684
~~of eligibility for state cost sharing, the limits of cost sharing~~	18685
~~for those practices, specifications for carrying out those~~	18686
~~practices to ensure effective control of the multiflora rose and~~	18687
~~to safeguard the health and safety of human beings and domestic~~	18688
~~animals and the environment, and the contract provisions to be~~	18689
~~included in cost-sharing agreements with landowners;~~	18690

~~(7) Until June 1, 1996, shall establish procedures for~~	18691
~~administering grants to soil and water conservation districts for~~	18692
~~control of multiflora rose;~~	18693

~~(8)~~ Shall establish procedures for administering grants to	18694
owners or operators of agricultural land or concentrated animal	18695
feeding operations for the implementation of operation and	18696
management plans;	18697

~~(9)~~(7) Shall establish procedures for administering grants to	18698
soil and water conservation districts for urban sediment pollution	18699
abatement programs, specify the types of projects eligible for	18700
grants, establish limits on the availability of grants, and	18701
establish requirements governing the execution of projects to	18702
encourage the reduction of erosion and sedimentation associated	18703
with soil-disturbing activities;	18704

~~(10)~~(8) Shall do all of the following with regard to	18705
composting conducted in conjunction with agricultural operations:	18706

(a) Provide for the distribution of educational material	18707
concerning composting to the offices of the Ohio cooperative	18708
extension service for the purposes of section 1511.022 of the	18709
Revised Code;	18710

(b) Establish methods, techniques, or practices for	18711
composting dead animals, or particular types of dead animals, that	18712
are to be used at such operations, as the chief considers to be	18713
necessary or appropriate;	18714

(c) Establish requirements and procedures governing the	18715
review and approval or disapproval of composting plans by the	18716
supervisors of soil and water conservation districts under	18717
division ~~(U)~~(Q) of section 1515.08 of the Revised Code.	18718

~~(11)~~(9) Shall be adopted, amended, or rescinded after the	18719
chief does all of the following:	18720

(a) Mails notice to each statewide organization that the	18721
chief determines represents persons or local governmental agencies	18722
who would be affected by the proposed rule, amendment thereto, or	18723
rescission thereof at least thirty-five days before any public	18724
hearing thereon;	18725

(b) Mails a copy of each proposed rule, amendment thereto, or	18726
rescission thereof to any person who requests a copy, within five	18727
days after receipt of the request;	18728

(c) Consults with appropriate state and local governmental	18729
agencies or their representatives, including statewide	18730
organizations of local governmental officials, industrial	18731
representatives, and other interested persons;	18732

(d) If the rule relates to agricultural pollution abatement,	18733
develops an economic impact statement concerning the effect of the	18734
proposed rule or amendment.	18735

~~(12)~~(10) Shall not conflict with air or water quality	18736
standards adopted pursuant to section 3704.03 or 6111.041 of the	18737
Revised Code. Compliance with rules adopted pursuant to this	18738
section does not affect liability for noncompliance with air or	18739
water quality standards adopted pursuant to section 3704.03 or	18740
6111.041 of the Revised Code. The application of a level of	18741
management and conservation practices recommended under this	18742
section to control windblown soil from farming operations creates	18743
a presumption of compliance with section 3704.03 of the Revised	18744
Code as that section applies to windblown soil.	18745

~~(13)~~(11) Insofar as the rules relate to urban sediment	18746
pollution, shall not be applicable in a municipal corporation or	18747
county that adopts ordinances or rules for urban sediment control,	18748
except that a municipal corporation or county that adopts such	18749
ordinances or rules may receive moneys for urban sediment control	18750
that are disbursed by the board of supervisors of the applicable	18751
soil and water conservation district under division ~~(R)~~(N) of	18752
section 1515.08 of the Revised Code. The rules shall not exempt	18753
any person from compliance with municipal ordinances enacted	18754
pursuant to Section 3 of Article XVIII, Ohio Constitution.	18755

(F) Cost share with landowners on practices established	18756
pursuant to division (E)(5) of this section as moneys are	18757
appropriated and available for that purpose. Any practice for	18758
which cost share is provided shall be maintained for its useful	18759
life. Failure to maintain a cost share practice for its useful	18760
life shall subject the landowner to full repayment to the	18761
division.	18762

(G) Issue orders requiring compliance with any rule adopted	18763
under division (E)(1) of this section or with section 1511.022 of	18764
the Revised Code. Before the chief issues an order, the chief	18765
shall afford each person allegedly liable an adjudication hearing	18766
under Chapter 119. of the Revised Code. The chief may require in	18767
an order that a person who has caused agricultural pollution by	18768
failure to comply with the standards established under division	18769
(E)(1) of this section operate under an operation and management	18770
plan approved by the chief under this section. The chief shall	18771
require in an order that a person who has failed to comply with	18772
division (A) of section 1511.022 of the Revised Code prepare a	18773
composting plan in accordance with rules adopted under division	18774
(E)(10)(c) of this section and operate in accordance with that	18775
plan or that a person who has failed to operate in accordance with	18776
such a plan begin to operate in accordance with it. Each order	18777
shall be issued in writing and contain a finding by the chief of	18778
the facts upon which the order is based and the standard that is	18779
not being met.	18780

(H) Employ field assistants and such other employees as are	18781
necessary for the performance of the work prescribed by Chapter	18782
1515. of the Revised Code, for performance of work of the	18783
division, and as agreed to under working agreements or contractual	18784
arrangements with local soil and water conservation districts,	18785
prescribe their duties, and fix their compensation in accordance	18786
with such schedules as are provided by law for the compensation of	18787
state employees.	18788

All employees of the division, unless specifically exempted	18789
by law, shall be employed subject to the classified civil service	18790
laws in force at the time of employment.	18791

(I) In connection with new or relocated projects involving	18792
highways, underground cables, pipelines, railroads, and other	18793
improvements affecting soil and water resources, including surface	18794
and subsurface drainage:	18795

(1) Provide engineering service as is mutually agreeable to	18796
the Ohio soil and water conservation commission and the director	18797
to aid in the design and installation of soil and water	18798
conservation practices as a necessary component of such projects;	18799

(2) Maintain close liaison between the owners of lands on	18800
which the projects are executed, local soil and water conservation	18801
districts, and authorities responsible for such projects;	18802

(3) Review plans for such projects to ensure their compliance	18803
with standards developed under division (E) of this section in	18804
cooperation with the department of transportation or with any	18805
other interested agency that is engaged in soil or water	18806
conservation projects in the state in order to minimize adverse	18807
impacts on soil and water resources adjacent to or otherwise	18808
affected by these projects;	18809

(4) Recommend measures to retard erosion and protect soil and	18810
water resources through the installation of water impoundment or	18811
other soil and water conservation practices;	18812

(5) Cooperate with other agencies and subdivisions of the	18813
state to protect the agricultural status of rural lands adjacent	18814
to such projects and control adverse impacts on soil and water	18815
resources.	18816

(J) Collect, analyze, inventory, and interpret all available	18817
information pertaining to the origin, distribution, extent, use,	18818
and conservation of the soil resources of the state;	18819

(K) Prepare and maintain up-to-date reports, maps, and other	18820
materials pertaining to the soil resources of the state and their	18821
use and make that information available to governmental agencies,	18822
public officials, conservation entities, and the public;	18823

(L) Provide soil and water conservation districts with	18824
technical assistance including on-site soil investigations and	18825
soil interpretation reports on the suitability or limitations of	18826
soil to support a particular use or to plan soil conservation	18827
measures. The assistance shall be upon such terms as are mutually	18828
agreeable to the districts and the department of natural	18829
resources.	18830

(M) Assist local government officials in utilizing land use	18831
planning and zoning, current agricultural use value assessment,	18832
development reviews, and land management activities;	18833

(N) When necessary for the purposes of this chapter or	18834
Chapter 1515. of the Revised Code, develop or approve operation	18835
and management plans.	18836

This section does not restrict the excrement of domestic or	18837
farm animals defecated on land outside a concentrated animal	18838
feeding operation or runoff therefrom into the waters of the	18839
state.	18840

Sec. 1511.021. (A) Any person who owns or operates	18841
agricultural land or a concentrated animal feeding operation may	18842
develop and operate under an operation and management plan	18843
approved by the chief of the division of soil and water	18844
~~conservation~~resources under section 1511.02 of the Revised Code	18845
or by the supervisors of the local soil and water conservation	18846
district under section 1515.08 of the Revised Code.	18847

(B) Any person who wishes to make a complaint regarding	18848
nuisances involving agricultural pollution may do so orally or by	18849
submitting a written, signed, and dated complaint to the chief or	18850
to the chief's designee. After receiving an oral complaint, the	18851
chief or the chief's designee may cause an investigation to be	18852
conducted to determine whether agricultural pollution has occurred	18853
or is imminent. After receiving a written, signed, and dated	18854
complaint, the chief or the chief's designee shall cause such an	18855
investigation to be conducted.	18856

(C) In a private civil action for nuisances involving	18857
agricultural pollution, it is an affirmative defense if the person	18858
owning, operating, or otherwise responsible for agricultural land	18859
or a concentrated animal feeding operation is operating under and	18860
in substantial compliance with an approved operation and	18861
management plan developed under division (A) of this section, with	18862
an operation and management plan developed by the chief under	18863
section 1511.02 of the Revised Code or by the supervisors of the	18864
local soil and water conservation district under section 1515.08	18865
of the Revised Code, or with an operation and management plan	18866
required by an order issued by the chief under division (G) of	18867
section 1511.02 of the Revised Code. Nothing in this section is in	18868
derogation of the authority granted to the chief in division (E)	18869
of section 1511.02 and in section 1511.07 of the Revised Code.	18870

Sec. 1511.022. (A) Any person who owns or operates an	18871
agricultural operation, or owns the animals raised by the owner or	18872
operator of an agricultural operation, and who wishes to conduct	18873
composting of dead animals resulting from the agricultural	18874
operation shall do both of the following:	18875

(1) Participate in an educational course concerning	18876
composting conducted by the Ohio cooperative extension service and	18877
obtain a certificate of completion for the course;	18878

(2) Use the appropriate method, technique, or practice of	18879
composting established in rules adopted under division (E)~~(10)~~(8)	18880
of section 1511.02 of the Revised Code.	18881

(B) Any person who fails to comply with division (A) of this	18882
section shall prepare and operate under a composting plan in	18883
accordance with an order issued by the chief of the division of	18884
soil and water ~~conservation~~resources under division (G) of	18885
section 1511.02 of the Revised Code. If the person's proposed	18886
composting plan is disapproved by the board of supervisors of the	18887
appropriate soil and water conservation district under division	18888
~~(U)~~(Q)(3) of section 1515.08 of the Revised Code, the person may	18889
appeal the plan disapproval to the chief, who shall afford the	18890
person a hearing. Following the hearing, the chief shall uphold	18891
the plan disapproval or reverse it. If the chief reverses the	18892
disapproval, the plan shall be deemed approved.	18893

Sec. 1511.03. The chief of the division of soil and water	18894
~~conservation~~resources may enter into contracts or agreements,	18895
with the approval of the director of natural resources, with any	18896
agency of the United States government, or any other public or	18897
private agency, or organization, for the performance of the	18898
prescribed duties of the division, or for accomplishing	18899
cooperative projects within the designated duties of the division.	18900

Sec. 1511.04. The chief of the division of soil and water	18901
~~conservation~~resources may accept, on behalf of the department of	18902
natural resources, donations, grants and contributions in money,	18903
service, or equipment to enlarge or expedite the prescribed work	18904
of the division.	18905

Sec. 1511.05. The chief of the division of soil and water	18906
~~conservation~~resources, subject to approval of the terms of the	18907
agreement by the soil and water conservation commission, shall	18908
enter into cooperative agreements with the board of supervisors of	18909
any soil and water conservation district desiring to enter into	18910
such agreements pursuant to section 1515.08 of the Revised Code.	18911
Such agreements shall be entered into to obtain compliance with	18912
rules and orders of the chief pertaining to agricultural pollution	18913
abatement and urban sediment pollution abatement.	18914

The chief or any person designated by the chief may upon	18915
obtaining agreement with the owner, tenant, or manager of any	18916
land, public or private, enter thereon to make inspections to	18917
determine whether or not there is compliance with the rules	18918
adopted under division (E)(1) of section 1511.02 of the Revised	18919
Code. Upon reason to believe there is a violation, the chief or	18920
~~his~~the chief's designee may apply for and a judge of the court of	18921
common pleas for the county where the land is located may issue an	18922
appropriate inspection warrant as necessary to achieve the	18923
purposes of this chapter.	18924

Sec. 1511.06. The chief of the division of soil and water	18925
~~conservation~~resources may enter into agreements with local	18926
government agencies for the purpose of soil surveys, land use	18927
inventories, and other soil-related duties.	18928

Sec. 1511.07. (A)(1) No person shall fail to comply with an	18929
order of the chief of the division of soil and water ~~conservation~~	18930
resources issued pursuant to division (G) of section 1511.02 of	18931
the Revised Code.	18932

(2) In addition to the remedies provided and irrespective of	18933
whether an adequate remedy at law exists, the chief may apply to	18934
the court of common pleas in the county where a violation of a	18935
standard established under division (E)(1) or ~~(10)~~(8)(b) of	18936
section 1511.02 of the Revised Code causes pollution of the waters	18937
of the state for an order to compel the violator to cease the	18938
violation and to remove the agricultural pollutant or to comply	18939
with the rules adopted under division (E)~~(10)~~(8)(b) of that	18940
section, as appropriate.	18941

(3) In addition to the remedies provided and irrespective of	18942
whether an adequate remedy at law exists, whenever the chief	18943
officially determines that an emergency exists because of an	18944
unauthorized release, spill, or discharge of animal waste, or a	18945
violation of a rule adopted under division (E)~~(10)~~(8)(b) of	18946
section 1511.02 of the Revised Code, that causes pollution of the	18947
waters of the state, the chief may, without notice or hearing,	18948
issue an order reciting the existence of the emergency and	18949
requiring that necessary action be taken to meet the emergency.	18950
The order shall be effective immediately. Any person to whom the	18951
order is directed shall comply with the order immediately, but on	18952
application to the chief shall be afforded a hearing as soon as	18953
possible, but not later than twenty days after making the	18954
application. On the basis of the hearing, the chief shall continue	18955
the order in effect, revoke it, or modify it. No emergency order	18956
shall remain in effect for more than sixty days after its	18957
issuance. If a person to whom an order is issued does not comply	18958
with the order within a reasonable period, as determined by the	18959
chief, the chief or the chief's designee may enter upon private or	18960
public lands and take action to mitigate, minimize, remove, or	18961
abate the release, spill, discharge, or conditions caused by the	18962
violation of the rule.	18963

(B) The attorney general, upon the written request of the	18964
chief, shall bring appropriate legal action in Franklin county	18965
against any person who fails to comply with an order of the chief	18966
issued pursuant to division (G) of section 1511.02 of the Revised	18967
Code.	18968

Sec. 1511.071. There is hereby created in the state treasury	18969
the agricultural pollution abatement fund, which shall be	18970
administered by the chief of the division of soil and water	18971
~~conservation~~resources. The fund may be used to pay costs incurred	18972
by the division under division (A)(3) of section 1511.07 of the	18973
Revised Code in investigating, mitigating, minimizing, removing,	18974
or abating any pollution of the waters of the state caused by an	18975
unauthorized release, spill, or discharge of animal waste into or	18976
upon the environment that requires emergency action to protect the	18977
public health.	18978

Any person responsible for causing or allowing an	18979
unauthorized release, spill, or discharge is liable to the chief	18980
for any costs incurred by the division and soil and water	18981
conservation districts in investigating, mitigating, minimizing,	18982
removing, or abating the release, spill, or discharge, regardless	18983
of whether those costs were paid out of the agricultural pollution	18984
abatement fund or any other fund of the division or a district.	18985
Upon the request of the chief, the attorney general shall bring a	18986
civil action against the responsible person to recover those	18987
costs. Moneys recovered under this section shall be paid into the	18988
agricultural pollution abatement fund.	18989

Sec. 1511.08. Any person claiming to be deprived of a right	18990
or protection afforded ~~him~~the person by law by an order of the	18991
chief of the division of soil and water ~~conservation~~resources,	18992
except an order which adopts a rule, may appeal to the court of	18993
common pleas of Franklin county or the court of common pleas of	18994
the county in which the alleged violation exists.	18995

If the court finds that the order of the chief appealed from	18996
was lawful and reasonable, it shall affirm such order. If the	18997
court finds that such order was unreasonable or unlawful, it shall	18998
vacate such order and make the order which it finds the chief	18999
should have made. The judgment of the court is final unless	19000
reversed, vacated, or modified on appeal.	19001

Sec. 1513.021. (A) As used in this section, "ton" means two	19002
thousand pounds of coal that is measured at the point and time of	19003
extraction after the removal of any impurities.	19004

(B) Except as otherwise provided in division (D) of this	19005
section, there is charged to an operator an energy resource	19006
extraction fee of eight cents per ton of coal. The fee that is	19007
charged under this section is to provide funding for the division	19008
of mineral resources management to administer the coal mining and	19009
reclamation program, satisfy the regulatory, environmental, and	19010
natural resources management requirements of this state, and	19011
reclaim land affected by mining.	19012

(C) In accordance with rules adopted under this section, the	19013
chief of the division of mineral resources management shall	19014
collect from each operator the fee that is charged under this	19015
section. The chief shall transmit all money collected under this	19016
section to the treasurer of state who shall transmit one cent per	19017
ton of coal to the county treasurer of the county from which the	19018
coal is extracted for the use of the general fund of that county	19019
and shall credit the remaining amount to the coal mining	19020
administration and reclamation reserve fund created in section	19021
1513.181 of the Revised Code.	19022

(D) Beginning July 1, 2013, and thereafter not later than	19023
thirty days after the end of a fiscal biennium, the director of	19024
natural resources shall examine the balance of the coal mining	19025
administration and reclamation reserve fund to determine if the	19026
fund contains sufficient money to fulfill the purposes specified	19027
in division (B) of this section for the fiscal biennium in which	19028
the examination is conducted. The director shall certify the	19029
director's determination to the director of budget and management	19030
and the treasurer of state. If the director of natural resources	19031
determines that the fund contains sufficient money for that	19032
fiscal biennium, the energy resource extraction fee shall be four	19033
cents per ton of coal. If the director determines that the fund	19034
does not contain sufficient money, the energy resource extraction	19035
fee shall be eight cents per ton of coal.	19036

(E) The chief, with the approval of the director of natural	19037
resources, shall adopt rules in accordance with Chapter 119. of	19038
the Revised Code for the administration of this section.	19039

(F) In any fiscal year, the director of natural resources may	19040
request the director of budget and management to transfer from	19041
the coal mining administration and reclamation reserve fund to	19042
the geological mapping fund created in section 1505.09 of the	19043
Revised Code a portion of the money credited to the coal mining	19044
administration and reclamation reserve fund resulting from the	19045
energy resource extraction fee that is collected under this	19046
section.	19047

(G) Not later than January 1, 2015, the chief, in cooperation	19048
with a statewide association representing the coal mining industry	19049
and a statewide environmental advocacy association, shall complete	19050
a study to determine the solvency of the coal mining	19051
administration and reclamation fund and shall report the	19052
determination to the director of budget and management and make	19053
recommendations to the director concerning the rate of the energy	19054
resource extraction fee charged under this section.	19055

Sec. 1514.08. (A) The chief of the division of mineral	19056
resources management may adopt, amend, and rescind rules in	19057
accordance with Chapter 119. of the Revised Code in order to	19058
prescribe procedures for submitting applications for permits,	19059
amendments to permits, and amendments to plans of mining and	19060
reclamation; filing annual reports and final reports; requesting	19061
inspection and approval of reclamation; paying permit and filing	19062
fees; and filing and obtaining the release of performance bonds	19063
deposited with the state. For the purpose of preventing damage to	19064
adjoining property or achieving one or more of the performance	19065
standards established in division (A)(10) of section 1514.02 of	19066
the Revised Code, the chief may establish classes of mining	19067
industries, based upon industrial categories, combinations of	19068
minerals produced, and geological conditions in which surface or	19069
in-stream mining operations occur, and may prescribe different	19070
rules consistent with the performance standards for each class.	19071
For the purpose of apportioning the workload of the division of	19072
mineral resources management among the quarters of the year, the	19073
rules may require that applications for permits and annual reports	19074
be filed in different quarters of the year, depending upon the	19075
county in which the operation is located.	19076

(B) The chief shall adopt rules under this section that do	19077
all of the following:	19078

(1) With respect to in-stream mining, and in consultation	19079
with the chief of the division of soil and water resources,	19080
determine periods of low flow, which are the only time periods	19081
during which in-stream mining is allowed, and develop and	19082
implement any criteria, in addition to the criteria established in	19083
section 1514.02 of the Revised Code, that the chief determines are	19084
necessary for the permitting of in-stream mining;	19085

(2) Establish criteria and procedures for approving or	19086
disapproving the transfer of a surface or in-stream mining permit	19087
under division (F) of section 1514.02 of the Revised Code;	19088

(3) Define when any of the following may be considered to be	19089
"significant" for purposes of section 1514.022 of the Revised	19090
Code:	19091

(a) An amendment to a permit issued under section 1514.02 of	19092
the Revised Code for a surface or in-stream mining operation;	19093

(b) An amendment to the plan of mining and reclamation that	19094
must be filed with an application for either permit under section	19095
1514.02 of the Revised Code;	19096

(c) Changes to that plan of mining and reclamation that are	19097
proposed in a permit renewal application filed under section	19098
1514.021 of the Revised Code.	19099

In defining "significant," the chief shall focus on changes	19100
that increase the likelihood that the mining operation may have a	19101
negative impact on the public.	19102

(4) Establish a framework and procedures under which the	19103
amount of any bond required to be filed under this chapter to	19104
ensure the satisfactory performance of the reclamation measures	19105
required under this chapter may be reduced by subtracting a credit	19106
based on the operator's past compliance with this chapter and	19107
rules adopted and orders issued under it. The rules also shall	19108
apply to cash, an irrevocable letter of credit, or a certificate	19109
of deposit that is on deposit in lieu of a bond. In establishing	19110
the amount of credit that an operator or applicant may receive	19111
based on past compliance, the chief may consider past compliance	19112
with respect to any permit for a surface or in-stream mining	19113
operation that has been issued in this state to the operator or	19114
applicant.	19115

(5) Establish criteria and procedures for granting a variance	19116
from compliance with the prohibitions established in divisions	19117
(E)(3) and (F)(3) of section 1514.10 of the Revised Code. The	19118
criteria shall ensure that an operator may obtain a variance only	19119
if compliance with the applicable prohibition is not necessary to	19120
prevent damage to the watercourse or surrounding areas.	19121

Sec. 1514.13. (A) The chief of the division of mineral	19122
resources management shall use the compilation of data for ground	19123
water modeling submitted under section 1514.02 of the Revised Code	19124
to establish a projected cone of depression for any surface mining	19125
operation that may result in dewatering. The chief shall consult	19126
with the chief of the division of soil and water resources when	19127
projecting a cone of depression. An applicant for a surface mining	19128
permit for such an operation may submit ground water modeling that	19129
shows a projected cone of depression for that operation to the	19130
chief, provided that the modeling complies with rules adopted by	19131
the chief regarding ground water modeling. However, the chief	19132
shall establish the projected cone of depression for the purposes	19133
of this section.	19134

The chief shall adopt, and may amend and rescind, rules in	19135
accordance with Chapter 119. of the Revised Code establishing	19136
requirements and standards governing both of the following:	19137

(1) Ground water modeling for establishing a projected cone	19138
of depression. A ground water model shall be generally accepted in	19139
the scientific community.	19140

(2) Replacement of water supplies.

19141

(B)(1) If an owner of real property who obtains all or part	19142
of the owner's water supply for domestic, agricultural,	19143
industrial, or other legitimate use from ground water has a	19144
diminution, contamination, or interruption of that water supply	19145
and the owner's real property is located within the projected cone	19146
of depression of a surface mining operation established under this	19147
section, the owner may submit a written complaint to the operator	19148
of that operation or to the chief informing the operator or the	19149
chief that there is a diminution, contamination, or interruption	19150
of the owner's water supply. The complaint shall include the	19151
owner's name, address, and telephone number.	19152

If the chief receives a written complaint, the chief	19153
immediately shall send a copy of the complaint to the operator,	19154
and the operator immediately shall respond by sending the chief a	19155
statement that explains how the operator resolved or will resolve	19156
the complaint. If the operator receives a written complaint, the	19157
operator immediately shall send to the chief a copy of the	19158
complaint and include a statement that explains how the operator	19159
resolved or will resolve the complaint. Not later than seventy-two	19160
hours after receipt of the complaint, the operator shall provide	19161
the owner a supply of water that is comparable, in quantity and	19162
quality, to the owner's water supply prior to the diminution,	19163
contamination, or interruption of the owner's water supply. The	19164
operator shall maintain that water supply until the operator	19165
provides a permanent replacement water supply to the owner under	19166
division (B)(3) of this section or until the division of mineral	19167
resources management completes the evaluation under division	19168
(B)(2) of this section, whichever is applicable.	19169

(2) A rebuttable presumption exists that the operation caused	19170
the diminution, contamination, or interruption of the owner's	19171
water supply. However, not later than fourteen days after receipt	19172
of the complaint, the operator may submit to the division	19173
information showing that the operation is not the proximate cause	19174
of the diminution, contamination, or interruption of the owner's	19175
water supply. The division shall evaluate the information	19176
submitted by the operator to determine if the presumption is	19177
rebutted. If the operator fails to rebut the presumption, the	19178
division immediately shall notify the operator that the operator	19179
failed to rebut the presumption. Not later than fourteen days	19180
after receipt of that notice, the operator shall provide the owner	19181
a permanent replacement water supply that is comparable, in	19182
quantity and quality, to the owner's water supply prior to the	19183
diminution, contamination, or interruption of the owner's water	19184
supply. If the operator rebuts the presumption, the division	19185
immediately shall notify the operator that the operator rebutted	19186
the presumption, and, upon receipt of that notice, the operator	19187
may cease providing a supply of water to the owner under division	19188
(B)(1) of this section.	19189

(3) If, within fourteen days after receipt of the complaint,	19190
the operator does not submit to the division information showing	19191
that the operation is not the proximate cause of the diminution,	19192
contamination, or interruption of the owner's water supply, the	19193
operator shall provide the owner, not later than twenty-eight days	19194
after receipt of the complaint, a permanent replacement water	19195
supply that is comparable, in quantity and quality, to the owner's	19196
water supply prior to the diminution, contamination, or	19197
interruption of the owner's water supply.	19198

(4) The division may investigate a complaint under division	19199
(B) of this section.	19200

(C) If an owner of real property who obtains all or part of	19201
the owner's water supply for domestic, agricultural, industrial,	19202
or other legitimate use from ground water has a diminution,	19203
contamination, or interruption of that water supply and the	19204
owner's real property is not located within the projected cone of	19205
depression of a surface mining operation established under this	19206
section, the owner may submit a written complaint to the operator	19207
of that operation or to the chief informing the operator or the	19208
chief that there is a diminution, contamination, or interruption	19209
of the owner's water supply. The complaint shall include the	19210
owner's name, address, and telephone number.	19211

If the operator receives a written complaint, the operator	19212
immediately shall send the chief a copy of the complaint. If the	19213
chief receives a written complaint, the chief immediately shall	19214
send the operator a copy of the complaint. The chief shall	19215
investigate any complaint submitted under this division and, upon	19216
completion of the investigation, immediately shall send the	19217
results of the investigation to the operator and to the owner that	19218
filed the complaint.	19219

An owner that submits a written complaint under this division	19220
may resolve the diminution, contamination, or interruption of the	19221
owner's water supply with the operator of that operation or may	19222
commence a civil action for that purpose.	19223

(D) An operator may request the chief to amend the plan of	19224
mining and reclamation filed with the application under section	19225
1514.02 of the Revised Code when a ground water user may affect	19226
the projected cone of depression established for the operation	19227
under division (A) of this section. The operator shall submit	19228
additional data that reflect the ground water user's impact on the	19229
ground water. The chief shall perform ground water modeling using	19230
the additional data and may establish a revised projected cone of	19231
depression for that operation.	19232

(E) This section shall not be construed as creating,	19233
modifying, or affecting any right, liability, or remedy of surface	19234
riparian owners.	19235

Sec. 1515.08. The supervisors of a soil and water	19236
conservation district have the following powers in addition to	19237
their other powers:	19238

(A) To conduct surveys, investigations, and research relating	19239
to the character of soil erosion, floodwater and sediment damages,	19240
and the preventive and control measures and works of improvement	19241
for flood prevention and the conservation, development,	19242
utilization, and disposal of water needed within the district, and	19243
to publish the results of those surveys, investigations, or	19244
research, provided that no district shall initiate any research	19245
program except in cooperation or after consultation with the Ohio	19246
agricultural research and development center;	19247

(B) To develop plans for the conservation of soil resources,	19248
for the control and prevention of soil erosion, and for works of	19249
improvement for flood prevention and the conservation,	19250
development, utilization, and disposal of water within the	19251
district, and to publish those plans and information;	19252

(C) To implement, construct, repair, maintain, and operate	19253
preventive and control measures and other works of improvement for	19254
natural resource conservation and development and flood	19255
prevention, and the conservation, development, utilization, and	19256
disposal of water within the district on lands owned or controlled	19257
by this state or any of its agencies and on any other lands within	19258
the district, which works may include any facilities authorized	19259
under state or federal programs, and to acquire, by purchase or	19260
gift, to hold, encumber, or dispose of, and to lease real and	19261
personal property or interests in such property for those	19262
purposes;	19263

(D) To cooperate or enter into agreements with any occupier	19264
of lands within the district in the carrying on of natural	19265
resource conservation operations and works of improvement for	19266
flood prevention and the conservation, development, utilization,	19267
and management of natural resources within the district, subject	19268
to such conditions as the supervisors consider necessary;	19269

(E) To accept donations, gifts, grants, and contributions in	19270
money, service, materials, or otherwise, and to use or expend them	19271
according to their terms;	19272

(F) To adopt, amend, and rescind rules to carry into effect	19273
the purposes and powers of the district;	19274

(G) To sue and plead in the name of the district, and be sued	19275
and impleaded in the name of the district, with respect to its	19276
contracts and, as indicated in section 1515.081 of the Revised	19277
Code, certain torts of its officers, employees, or agents acting	19278
within the scope of their employment or official responsibilities,	19279
or with respect to the enforcement of its obligations and	19280
covenants made under this chapter;	19281

(H) To make and enter into all contracts, leases, and	19282
agreements and execute all instruments necessary or incidental to	19283
the performance of the duties and the execution of the powers of	19284
the district under this chapter, provided that all of the	19285
following apply:	19286

(1) Except as provided in section 307.86 of the Revised Code	19287
regarding expenditures by boards of county commissioners, when the	19288
cost under any such contract, lease, or agreement, other than	19289
compensation for personal services or rental of office space,	19290
involves an expenditure of more than the amount established in	19291
that section regarding expenditures by boards of county	19292
commissioners, the supervisors shall make a written contract with	19293
the lowest and best bidder after advertisement, for not less than	19294
two nor more than four consecutive weeks preceding the day of the	19295
opening of bids, in a newspaper of general circulation within the	19296
district and in such other publications as the supervisors	19297
determine. The notice shall state the general character of the	19298
work and materials to be furnished, the place where plans and	19299
specifications may be examined, and the time and place of	19300
receiving bids.	19301

(2) Each bid for a contract shall contain the full name of	19302
every person interested in it.	19303

(3) Each bid for a contract for the construction, demolition,	19304
alteration, repair, or reconstruction of an improvement shall meet	19305
the requirements of section 153.54 of the Revised Code.	19306

(4) Each bid for a contract, other than a contract for the	19307
construction, demolition, alteration, repair, or reconstruction of	19308
an improvement, at the discretion of the supervisors, may be	19309
accompanied by a bond or certified check on a solvent bank in an	19310
amount not to exceed five per cent of the bid, conditioned that,	19311
if the bid is accepted, a contract shall be entered into.	19312

(5) The supervisors may reject any and all bids.

19313

(I) To make agreements with the department of natural	19314
resources giving it control over lands of the district for the	19315
purpose of construction of improvements by the department under	19316
section 1501.011 of the Revised Code;	19317

(J) To charge, alter, and collect rentals and other charges	19318
for the use or services of any works of the district;	19319

(K) To enter, either in person or by designated	19320
representatives, upon lands, private or public, in the necessary	19321
discharge of their duties;	19322

(L) To enter into agreements or contracts with the department	19323
for the determination, implementation, inspection, and funding of	19324
agricultural pollution abatement and urban sediment pollution	19325
abatement measures whereby landowners, operators, managers, and	19326
developers may meet adopted state standards for a quality	19327
environment, except that failure of a district board of	19328
supervisors to negotiate an agreement or contract with the	19329
department shall authorize the division of soil and water	19330
~~conservation~~resources to implement the required program;	19331

(M) To conduct demonstrations and provide information to the	19332
public regarding practices and methods for natural resource	19333
conservation, development, and utilization;	19334

(N) ~~Until June 1, 1996, to conduct surveys and investigations~~	19335
~~relating to the incidence of the multiflora rose within the~~	19336
~~district and of the nature and extent of the adverse effects of~~	19337
~~the multiflora rose on agriculture, forestry, recreation, and~~	19338
~~other beneficial land uses;~~	19339

~~(O) Until June 1, 1996, to develop plans for the control of~~	19340
~~the multiflora rose within the district and to publish those plans~~	19341
~~and information related to control of the multiflora rose;~~	19342

~~(P) Until June 1, 1996, to enter into contracts or agreements~~	19343
~~with the chief of the division of soil and water conservation to~~	19344
~~implement and administer a program for control of the multiflora~~	19345
~~rose and to receive and expend funds provided by the chief for~~	19346
~~that purpose;~~	19347

~~(Q) Until June 1, 1996, to enter into cost-sharing agreements~~	19348
~~with landowners for control of the multiflora rose. Before~~	19349
~~entering into any such agreement, the board of supervisors shall~~	19350
~~determine that the landowner's application meets the eligibility~~	19351
~~criteria established under division (E)(6) of section 1511.02 of~~	19352
~~the Revised Code. The cost-sharing agreements shall contain the~~	19353
~~contract provisions required by the rules adopted under that~~	19354
~~division and such other provisions as the board of supervisors~~	19355
~~considers appropriate to ensure effective control of the~~	19356
~~multiflora rose.~~	19357

~~(R)~~ To enter into contracts or agreements with the chief of	19358
the division of soil and water resources to implement and	19359
administer a program for urban sediment pollution abatement and to	19360
receive and expend moneys provided by the chief for that purpose;	19361

~~(S)~~(O) To develop operation and management plans, as defined	19362
in section 1511.01 of the Revised Code, as necessary;	19363

~~(T)~~(P) To determine whether operation and management plans	19364
developed under division (A) of section 1511.021 of the Revised	19365
Code comply with the standards established under division (E)(1)	19366
of section 1511.02 of the Revised Code and to approve or	19367
disapprove the plans, based on such compliance. If an operation	19368
and management plan is disapproved, the board shall provide a	19369
written explanation to the person who submitted the plan. The	19370
person may appeal the plan disapproval to the chief, who shall	19371
afford the person a hearing. Following the hearing, the chief	19372
shall uphold the plan disapproval or reverse it. If the chief	19373
reverses the plan disapproval, the plan shall be deemed approved	19374
under this division. In the event that any person operating or	19375
owning agricultural land or a concentrated animal feeding	19376
operation in accordance with an approved operation and management	19377
plan who, in good faith, is following that plan, causes	19378
agricultural pollution, the plan shall be revised in a fashion	19379
necessary to mitigate the agricultural pollution, as determined	19380
and approved by the board of supervisors of the soil and water	19381
conservation district.	19382

~~(U)~~(Q) With regard to composting conducted in conjunction	19383
with agricultural operations, to do all of the following:	19384

(1) Upon request or upon their own initiative, inspect	19385
composting at any such operation to determine whether the	19386
composting is being conducted in accordance with section 1511.022	19387
of the Revised Code;	19388

(2) If the board determines that composting is not being so	19389
conducted, request the chief to issue an order under division (G)	19390
of section 1511.02 of the Revised Code requiring the person who is	19391
conducting the composting to prepare a composting plan in	19392
accordance with rules adopted under division (E)~~(10)~~(8)(c) of that	19393
section and to operate in accordance with that plan or to operate	19394
in accordance with a previously prepared plan, as applicable;	19395

(3) In accordance with rules adopted under division	19396
(E)~~(10)~~(8)(c) of section 1511.02 of the Revised Code, review and	19397
approve or disapprove any such composting plan. If a plan is	19398
disapproved, the board shall provide a written explanation to the	19399
person who submitted the plan.	19400

As used in division ~~(U)~~(Q) of this section, "composting" has	19401
the same meaning as in section 1511.01 of the Revised Code.	19402

~~(V)~~(R) With regard to conservation activities that are	19403
conducted in conjunction with agricultural operations, to assist	19404
the county auditor, upon request, in determining whether a	19405
conservation activity is a conservation practice for purposes of	19406
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the	19407
Revised Code.	19408

As used in this division, "conservation practice" has the	19409
same meaning as in section 5713.30 of the Revised Code.	19410

~~(W)~~(S) To do all acts necessary or proper to carry out the	19411
powers granted in this chapter.	19412

The director of natural resources shall make recommendations	19413
to reduce the adverse environmental effects of each project that a	19414
soil and water conservation district plans to undertake under	19415
division (A), (B), (C), or (D) of this section and that will be	19416
funded in whole or in part by moneys authorized under section	19417
1515.16 of the Revised Code and shall disapprove any such project	19418
that the director finds will adversely affect the environment	19419
without equal or greater benefit to the public. The director's	19420
disapproval or recommendations, upon the request of the district	19421
filed in accordance with rules adopted by the Ohio soil and water	19422
conservation commission, shall be reviewed by the commission,	19423
which may confirm the director's decision, modify it, or add	19424
recommendations to or approve a project the director has	19425
disapproved.	19426

Any instrument by which real property is acquired pursuant to	19427
this section shall identify the agency of the state that has the	19428
use and benefit of the real property as specified in section	19429
5301.012 of the Revised Code.	19430

Sec. 1515.14. Within the limits of funds appropriated to the	19431
department of natural resources and the soil and water	19432
conservation district assistance fund created in this section,	19433
there shall be paid in each calendar year to each local soil and	19434
water conservation district an amount not to exceed one dollar for	19435
each one dollar received in accordance with section 1515.10 of the	19436
Revised Code, received from tax levies in excess of the ten-mill	19437
levy limitation approved for the benefit of local soil and water	19438
conservation districts, or received from an appropriation by a	19439
municipal corporation or a township to a maximum of eight thousand	19440
dollars, provided that the Ohio soil and water conservation	19441
commission may approve payment to a district in an amount in	19442
excess of eight thousand dollars in any calendar year upon receipt	19443
of a request and justification from the district. The county	19444
auditor shall credit such payments to the special fund established	19445
pursuant to section 1515.10 of the Revised Code for the local soil	19446
and water conservation district. The department may make advances	19447
at least quarterly to each district on the basis of the estimated	19448
contribution of the state to each district. Moneys received by	19449
each district shall be expended for the purposes of the district.	19450

For the purpose of providing money to soil and water	19451
conservation districts under this section, there is hereby created	19452
in the state treasury the soil and water conservation district	19453
assistance fund consisting of money credited to it under section	19454
3714.073 and division (A)(4) of section 3734.57 of the Revised	19455
Code.	19456

Sec. 1515.183. Upon acceptance of a petition requesting the	19457
construction of an improvement, the supervisors of a soil and	19458
water conservation district shall begin to prepare, as a guide to	19459
the board of county commissioners and the petitioners, a	19460
preliminary report regarding the proposed improvement. The	19461
supervisors shall present the completed preliminary report at the	19462
hearing that is held on the proposed improvement.	19463

The preliminary report shall include a preliminary estimate	19464
of cost, comments on the feasibility of the project, and a	19465
statement of the supervisors' opinion as to whether the benefits	19466
from the project are likely to exceed the estimated cost. The	19467
preliminary report shall identify all factors that are apparent to	19468
the supervisors, both favorable and unfavorable to the proposed	19469
improvement, so that the petitioners may be informed concerning	19470
what is involved with the construction of the improvement.	19471

In addition to reporting on the improvement as petitioned,	19472
the supervisors may submit alternate proposals to accomplish the	19473
intent of the petition. The preliminary report and all alternate	19474
proposals shall be reviewed and receive concurrence from an	19475
engineer who is employed by the division of soil and water	19476
~~conservation~~resources or by the natural resources conservation	19477
service in the United States department of agriculture and who is	19478
responsible for providing technical assistance to the district or	19479
from any other registered professional engineer whom the	19480
supervisors choose.	19481

Sec. 1517.02. There is hereby created in the department of	19482
natural resources the division of natural areas and preserves,	19483
which shall be administered by the chief of the division of	19484
natural areas and preserves. The chief shall take an oath of	19485
office and shall file in the office of the secretary of state a	19486
bond signed by the chief and by a surety approved by the governor	19487
for a sum fixed pursuant to section 121.11 of the Revised Code.	19488

The chief shall administer a system of nature preserves ~~and~~	19489
~~wild, scenic, and recreational river areas~~. The chief shall	19490
establish a system of nature preserves through acquisition and	19491
dedication of natural areas of state or national significance,	19492
which shall include, but not be limited to, areas that represent	19493
characteristic examples of Ohio's natural landscape types and its	19494
natural vegetation and geological history. The chief shall	19495
encourage landowners to dedicate areas of unusual significance as	19496
nature preserves, and shall establish and maintain a registry of	19497
natural areas of unusual significance.	19498

The chief may ~~supervise, operate, protect, and maintain wild,~~	19499
~~scenic, and recreational river areas, as designated by the~~	19500
~~director of natural resources. The chief may cooperate with~~	19501
participate in watershed planning activities with other states or	19502
federal agencies ~~administering any federal program concerning~~	19503
~~wild, scenic, or recreational river areas~~.	19504

The chief shall do the following:

19505

(A) Formulate policies and plans for the acquisition, use,	19506
management, and protection of nature preserves;	19507

(B) Formulate policies for the selection of areas suitable	19508
for registration;	19509

(C) Formulate policies for the dedication of areas as nature	19510
preserves;	19511

(D) Prepare and maintain surveys and inventories of natural	19512
areas, rare and endangered species of plants and animals, and	19513
other unique natural features. The information shall be stored in	19514
the Ohio natural heritage database, established pursuant to this	19515
division, and may be made available to any individual or private	19516
or public agency for research, educational, environmental, land	19517
management, or other similar purposes that are not detrimental to	19518
the conservation of a species or feature. Information regarding	19519
sensitive site locations of species that are listed pursuant to	19520
section 1518.01 of the Revised Code and of unique natural features	19521
that are included in the Ohio natural heritage database is not	19522
subject to section 149.43 of the Revised Code if the chief	19523
determines that the release of the information could be	19524
detrimental to the conservation of a species or unique natural	19525
feature.	19526

(E) Adopt rules for the use, visitation, and protection of	19527
nature preserves,and natural areas owned or managed through	19528
easement, license, or lease by the department and administered by	19529
the division~~, and lands owned or managed through easement,~~	19530
~~license, or lease by the department and administered by the~~	19531
~~division that are within or adjacent to any wild, scenic, or~~	19532
~~recreational river area,~~ in accordance with Chapter 119. of the	19533
Revised Code;	19534

(F) Provide facilities and improvements within the state	19535
system of nature preserves that are necessary for their	19536
visitation, use, restoration, and protection and do not impair	19537
their natural character;	19538

(G) Provide interpretive programs and publish and disseminate	19539
information pertaining to nature preserves and natural areas for	19540
their visitation and use;	19541

(H) Conduct and grant permits to qualified persons for the	19542
conduct of scientific research and investigations within nature	19543
preserves;	19544

(I) Establish an appropriate system for marking nature	19545
preserves;	19546

(J) Publish and submit to the governor and the general	19547
assembly a biennial report of the status and condition of each	19548
nature preserve, activities conducted within each preserve, and	19549
plans and recommendations for natural area preservation.	19550

Sec. 1517.10. (A) As used in this section, "felony" has the	19551
same meaning as in section 109.511 of the Revised Code.	19552

(B)(1) Any person selected by the chief of the division of	19553
natural areas and preserves for custodial or patrol service on the	19554
lands and waters operated or administered by the division shall be	19555
employed in conformity with the law applicable to the classified	19556
civil service of the state. Subject to division (C) of this	19557
section, the chief may designate that person as a preserve	19558
officer. A preserve officer, in any nature preserve, in any	19559
natural area owned or managed through easement, license, or lease	19560
by the department of natural resources and administered by the	19561
division, and on lands owned or managed through easement, license,	19562
or lease by the department and administered by the division that	19563
are ~~within or adjacent to any wild, scenic, or recreational river~~	19564
~~area established under this chapter and~~ along any trail	19565
established under Chapter 1519. of the Revised Code, has the	19566
authority specified under section 2935.03 of the Revised Code for	19567
peace officers of the department of natural resources to keep the	19568
peace, to enforce all laws and rules governing those lands and	19569
waters, and to make arrests for violation of those laws and rules,	19570
provided that the authority shall be exercised on lands or waters	19571
administered by another division of the department only pursuant	19572
to an agreement with the chief of that division or to a request	19573
for assistance by an enforcement officer of that division in an	19574
emergency. A preserve officer, in or along any watercourse within,	19575
abutting, or upstream from the boundary of any area administered	19576
by the department, has the authority to enforce section 3767.32 of	19577
the Revised Code and any other laws prohibiting the dumping of	19578
refuse into or along waters and to make arrests for violation of	19579
those laws. The jurisdiction of a preserve officer shall be	19580
concurrent with that of the peace officers of the county,	19581
township, or municipal corporation in which the violation occurs.	19582

The governor, upon the recommendation of the chief, shall	19583
issue to each preserve officer a commission indicating authority	19584
to make arrests as provided in this section.	19585

The chief shall furnish a suitable badge to each commissioned	19586
preserve officer as evidence of the preserve officer's authority.	19587

(2) If any person employed under this section is designated	19588
by the chief to act as an agent of the state in the collection of	19589
money resulting from the sale of licenses, fees of any nature, or	19590
other money belonging to the state, the chief shall require a	19591
surety bond from the person in an amount not less than one	19592
thousand dollars.	19593

(3) A preserve officer may render assistance to a state or	19594
local law enforcement officer at the request of the officer or in	19595
the event of an emergency. Preserve officers serving outside the	19596
division of natural areas and preserves under this section or	19597
serving under the terms of a mutual aid compact authorized under	19598
section 1501.02 of the Revised Code shall be considered as	19599
performing services within their regular employment for the	19600
purposes of compensation, pension or indemnity fund rights,	19601
workers' compensation, and other rights or benefits to which they	19602
may be entitled as incidents of their regular employment.	19603

Preserve officers serving outside the division of natural	19604
areas and preserves under this section or under the terms of a	19605
mutual aid compact retain personal immunity from civil liability	19606
as specified in section 9.86 of the Revised Code and shall not be	19607
considered an employee of a political subdivision for purposes of	19608
Chapter 2744. of the Revised Code. A political subdivision that	19609
uses preserve officers under this section or under the terms of a	19610
mutual aid compact authorized under section 1501.02 of the Revised	19611
Code is not subject to civil liability under Chapter 2744. of the	19612
Revised Code as a result of any action or omission of any preserve	19613
officer acting under this section or under a mutual aid compact.	19614

(C)(1) The chief of the division of natural areas and	19615
preserves shall not designate a person as a preserve officer	19616
pursuant to division (B)(1) of this section on a permanent basis,	19617
on a temporary basis, for a probationary term, or on other than a	19618
permanent basis if the person previously has been convicted of or	19619
has pleaded guilty to a felony.	19620

(2)(a) The chief of the division of natural areas and	19621
preserves shall terminate the employment as a preserve officer of	19622
a person designated as a preserve officer under division (B)(1) of	19623
this section if that person does either of the following:	19624

(i) Pleads guilty to a felony;

19625

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	19626
plea agreement as provided in division (D) of section 2929.43 of	19627
the Revised Code in which the preserve officer agrees to surrender	19628
the certificate awarded to the preserve officer under section	19629
109.77 of the Revised Code.	19630

(b) The chief shall suspend from employment as a preserve	19631
officer a person designated as a preserve officer under division	19632
(B)(1) of this section if that person is convicted, after trial,	19633
of a felony. If the preserve officer files an appeal from that	19634
conviction and the conviction is upheld by the highest court to	19635
which the appeal is taken or if the preserve officer does not file	19636
a timely appeal, the chief shall terminate the employment of that	19637
preserve officer. If the preserve officer files an appeal that	19638
results in the preserve officer's acquittal of the felony or	19639
conviction of a misdemeanor, or in the dismissal of the felony	19640
charge against the preserve officer, the chief shall reinstate	19641
that preserve officer. A preserve officer who is reinstated under	19642
division (C)(2)(b) of this section shall not receive any back pay	19643
unless that preserve officer's conviction of the felony was	19644
reversed on appeal, or the felony charge was dismissed, because	19645
the court found insufficient evidence to convict the preserve	19646
officer of the felony.	19647

(3) Division (C) of this section does not apply regarding an	19648
offense that was committed prior to January 1, 1997.	19649

(4) The suspension from employment, or the termination of the	19650
employment, of a preserve officer under division (C)(2) of this	19651
section shall be in accordance with Chapter 119. of the Revised	19652
Code.	19653

Sec. 1517.11. There is hereby created in the state treasury	19654
the natural areas and preserves fund, which shall consist of	19655
moneys transferred into it under section 5747.113 of the Revised	19656
Code and of contributions made directly to it. Any person may	19657
contribute directly to the fund in addition to or independently of	19658
the income tax refund contribution system established in that	19659
section.	19660

Moneys in the fund shall be disbursed pursuant to vouchers	19661
approved by the director of natural resources for use by the	19662
division of natural areas and preserves solely for the following	19663
purposes:	19664

(A) The acquisition of new or expanded natural areas,and	19665
nature preserves~~, and wild, scenic, and recreational river areas~~;	19666

(B) Facility development in natural areas,and nature	19667
preserves~~, and wild, scenic, and recreational river areas~~;	19668

(C) Special projects, including, but not limited to,	19669
biological inventories, research grants, and the production of	19670
interpretive material related to natural areas,and nature	19671
preserves~~, and wild, scenic, and recreational river areas~~;	19672

(D) Routine maintenance for health and safety purposes.

19673

Moneys appropriated from the fund shall not be used to fund	19674
salaries of permanent employees or administrative costs.	19675

All investment earnings of the fund shall be credited to the	19676
fund.	19677

Sec. 1519.03. The director of natural resources, through	19678
the chief of the division of ~~real estate~~parks and ~~land management~~	19679
recreation, shall prepare and maintain a current inventory of	19680
trails, abandoned or unmaintained roads, streets, and highways,	19681
abandoned railroad rights-of-way, utility easements, canals, and	19682
other scenic or historic corridors or rights-of-way that are	19683
suitable for recreational use. The director shall prepare and	19684
publish a comprehensive plan for development of a statewide trails	19685
system to serve present and future trail recreation needs of the	19686
state. Any state department, agency, political subdivision, or	19687
planning commission shall furnish available maps, descriptions,	19688
and other pertinent information to the director or provide access	19689
to ~~his~~the director's representatives for inspection and	19690
duplication, upon request by the director, for trail inventory and	19691
planning purposes.	19692

Sec. 1520.02. (A) The director of natural resources has	19693
exclusive authority to administer, manage, and establish policies	19694
governing canal lands.	19695

(B)(1) The director may sell, lease, exchange, give, or grant	19696
all or part of the state's interest in any canal lands in	19697
accordance with section 1501.01 of the Revised Code. The director	19698
may stipulate that an appraisal or survey need not be conducted	19699
for, and may establish any terms or conditions that the director	19700
determines appropriate for, any such conveyance.	19701

Prior to proposing the conveyance of any canal lands, the	19702
director shall consider the local government needs and economic	19703
development potential with respect to the canal lands and the	19704
recreational, ecological, and historical value of the canal lands.	19705
In addition, the conveyance of canal lands shall be conducted in	19706
accordance with the director's policies governing the protection	19707
and conservation of canal lands established under this section.	19708

(2) With regard to canal lands, the chief of the division of	19709
~~water~~parks and recreation, with the approval of the director, may	19710
sell, lease, or transfer minerals or mineral rights when the	19711
chief, with the approval of the director, determines that the	19712
sale, lease, or transfer is in the best interest of the state.	19713
Consideration for minerals and mineral rights shall be by rental	19714
or on a royalty basis as prescribed by the chief, with the	19715
approval of the director, and payable as prescribed by contract.	19716
Moneys collected under division (B)(2) of this section shall be	19717
paid into the state treasury to the credit of the canal lands fund	19718
created in section 1520.05 of the Revised Code.	19719

(C) The director may transfer to the Ohio historical society	19720
any equipment, maps, and records used on or related to canal lands	19721
that are of historical interest and that are not needed by the	19722
director to administer this chapter.	19723

(D) If the director determines that any canal lands are a	19724
necessary part of a county's drainage or ditch system and are not	19725
needed for any purpose of the department of natural resources, the	19726
director may sell, grant, or otherwise convey those canal lands to	19727
that county in accordance with division (B) of this section. The	19728
board of county commissioners shall accept the transfer of canal	19729
lands.	19730

(E) Notwithstanding any other section of the Revised Code,	19731
the county auditor shall transfer any canal lands conveyed under	19732
this section, and the county recorder shall record the deed for	19733
those lands in accordance with section 317.12 of the Revised Code.	19734

Sec. 1520.03. (A) The director of natural resources may	19735
appropriate real property in accordance with Chapter 163. of the	19736
Revised Code for the purpose of administering this chapter.	19737

(B)(1) The director shall operate and maintain all canals and	19738
canal reservoirs owned by the state except those canals that are	19739
operated by the Ohio historical society on July 1, 1989.	19740

(2) On behalf of the director, the division of ~~water~~parks	19741
and recreation shall have the care and control of all canals and	19742
canal reservoirs owned by the state, the water in them, and canal	19743
lands and shall protect, operate, and maintain them and keep them	19744
in repair. The chief of the division of ~~water~~parks and recreation	19745
may remove obstructions from or on them and shall make any	19746
alterations or changes in or to them and construct any feeders,	19747
dikes, reservoirs, dams, locks, or other works, devices, or	19748
improvements in or on them that are necessary in the discharge of	19749
the chief's duties.	19750

In accordance with Chapter 119. of the Revised Code, the	19751
chief may adopt, amend, and rescind rules that are necessary for	19752
the administration of this division.	19753

(C) The director may sell or lease water from any canal or	19754
canal reservoir that the director operates and maintains only to	19755
the extent that the water is in excess of the quantity that is	19756
required for navigation, recreation, and wildlife purposes. ~~The~~	19757
With the approval of the director, the chief may adopt, amend, and	19758
rescind rules in accordance with Chapter 119. of the Revised Code	19759
necessary to administer this division.	19760

The withdrawal of water from any canal or canal reservoir for	19761
domestic use is exempt from this division. However, the director	19762
may require water conservation measures for water that is	19763
withdrawn from any canal or canal reservoir for domestic use	19764
during drought conditions or other emergencies declared by the	19765
governor.	19766

(D) No person shall take or divert water from any canal or	19767
canal reservoir operated and maintained by the director except in	19768
accordance with division (C) of this section.	19769

(E) At the request of the director, the attorney general may	19770
commence a civil action for civil penalties and injunctions, in a	19771
court of common pleas, against any person who has violated or is	19772
violating division (D) of this section. The court of common pleas	19773
in which an action for injunctive relief is filed has jurisdiction	19774
to and shall grant preliminary and permanent injunctive relief	19775
upon a showing that the person against whom the action is brought	19776
has violated or is violating that division.	19777

Upon a finding of a violation, the court shall assess a civil	19778
penalty of not more than one thousand dollars for each day of each	19779
violation if the violator is an individual who took or diverted	19780
the water in question for residential or agricultural use. The	19781
court shall assess a civil penalty of not more than five thousand	19782
dollars for each day of each violation if the violator is any	19783
other person who took or diverted the water in question for	19784
industrial or commercial use excluding agricultural use. Moneys	19785
from civil penalties assessed under this division shall be paid	19786
into the state treasury to the credit of the canal lands fund	19787
created in section 1520.05 of the Revised Code.	19788

Any action under this division is a civil action, governed by	19789
the rules of civil procedure and other rules of practice and	19790
procedure applicable to civil actions.	19791

(F) As used in this section, "person" means any agency of	19792
this state, any political subdivision of this state or of the	19793
United States, or any legal entity defined as a person under	19794
section 1.59 of the Revised Code.	19795

Sec. 1521.03. The chief of the division of soil and water	19796
resources shall do all of the following:	19797

(A) Assist in an advisory capacity any properly constituted	19798
watershed district, conservancy district, or soil and water	19799
conservation district or any county, municipal corporation, or	19800
other government agency of the state in the planning of works for	19801
ground water recharge, flood mitigation, floodplain management,	19802
flood control, flow capacity and stability of streams, rivers, and	19803
watercourses, or the establishment of water conservation	19804
practices, within the limits of the appropriations for those	19805
purposes;	19806

(B) Have authority to conduct basic inventories of the water	19807
and related natural resources in each drainage basin in the state;	19808
to develop a plan on a watershed basis that will recognize the	19809
variety of uses to which water may be put and the need for its	19810
management for those uses; with the approval of the director of	19811
natural resources and the controlling board, to transfer	19812
appropriated or other funds, authorized for those inventories and	19813
plan, to any division of the department of natural resources or	19814
other state agencies for the purpose of developing pertinent data	19815
relating to the plan of water management; and to accept and expend	19816
moneys contributed by any person for implementing the development	19817
of the plan;	19818

(C) Have authority to make detailed investigations of all	19819
factors relating to floods, floodplain management, and flood	19820
control in the state with particular attention to those factors	19821
bearing upon the hydraulic and hydrologic characteristics of	19822
rivers, streams, and watercourses, recognizing the variety of uses	19823
to which water and watercourses may be put;	19824

(D) Cooperate with the United States or any agency thereof	19825
and with any political subdivision of the state in planning and	19826
constructing flood control works;	19827

(E) Hold meetings or public hearings, whichever is considered	19828
appropriate by the chief, to assist in the resolution of conflicts	19829
between ground water users. Such meetings or hearings shall be	19830
called upon written request from boards of health of city or	19831
general health districts created by or under the authority of	19832
Chapter 3709. of the Revised Code or authorities having the duties	19833
of a board of health as authorized by section 3709.05 of the	19834
Revised Code, boards of county commissioners, boards of township	19835
trustees, legislative authorities of municipal corporations, or	19836
boards of directors of conservancy districts and may be called by	19837
the chief upon the request of any other person or at the chief's	19838
discretion. The chief shall collect and present at such meetings	19839
or hearings the available technical information relevant to the	19840
conflicts and to the ground water resource. The chief shall	19841
prepare a report, and may make recommendations, based upon the	19842
available technical data and the record of the meetings or	19843
hearings, about the use of the ground water resource. In making	19844
the report and any recommendations, the chief also may consider	19845
the factors listed in division (B) of section 1521.17 of the	19846
Revised Code. The technical information presented, the report	19847
prepared, and any recommendations made under this division shall	19848
be presumed to be prima-facie authentic and admissible as evidence	19849
in any court pursuant to Evidence Rule 902.	19850

(F) Perform stream or ground water gauging and may contract	19851
with the United States government or any other agency for the	19852
gauging of any streams or ground water within the state;	19853

(G) Primarily with regard to water quantity, have authority	19854
to collect, study, map, and interpret all available information,	19855
statistics, and data pertaining to the availability, supply, use,	19856
conservation, and replenishment of the ground and surface waters	19857
in the state in coordination with other agencies of this state;	19858

(H) Primarily with regard to water quantity and availability,	19859
be authorized to cooperate with and negotiate for the state with	19860
any agency of the United States government, of this state, or of	19861
any other state pertaining to the water resources of the state;	19862

(I) Provide engineering support for the coastal management	19863
program established under Chapter 1506. of the Revised Code.	19864

Sec. 1521.031. There is hereby created in the department of	19865
natural resources the Ohio water advisory council. The council	19866
shall consist of seven members appointed by the governor with the	19867
advice and consent of the senate. No more than four of the members	19868
shall be of the same political party. Members shall be persons who	19869
have a demonstrated interest in water management and whose	19870
expertise reflects the various responsibilities of the division of	19871
soil and water resources under this chapter and Chapter 1523. of	19872
the Revised Code, including, but not limited to, dam safety,	19873
surface water, groundwater, and flood plain management. The chief	19874
of the division of soil and water resources may participate in the	19875
deliberations of the council, but shall not vote.	19876

Terms of office of members shall be for two years commencing	19877
on the second day of February and ending on the first day of	19878
February. Each member shall hold office from the date of	19879
appointment until the end of the term for which ~~he was~~ appointed.	19880
The governor may remove any member at any time for inefficiency,	19881
neglect of duty, or malfeasance in office. In the event of the	19882
death, removal, resignation, or incapacity of any member, the	19883
governor, with the advice and consent of the senate, shall appoint	19884
a successor to hold office for the remainder of the term for which	19885
~~his~~the member's predecessor was appointed. Any member shall	19886
continue in office following the expiration date of ~~his~~the	19887
member's term until ~~his~~the member's successor takes office or	19888
until sixty days have elapsed, whichever occurs first. Membership	19889
on the council does not constitute holding a public office or	19890
position of employment under the Revised Code and is not grounds	19891
for removal of public officers or employees from their offices or	19892
positions of employment.	19893

The council annually shall select from its members a ~~chairman~~	19894
chairperson and a ~~vice-chairman~~vice-chairperson. The council	19895
shall hold at least one meeting each calendar quarter and shall	19896
keep a record of its proceedings, which shall be open to the	19897
public for inspection. Special meetings may be called by the	19898
~~chairman~~chairperson and shall be called upon the written request	19899
of two or more members. A majority of the members constitutes a	19900
quorum. The division shall furnish clerical, technical, legal, and	19901
other services required by the council in the performance of its	19902
duties.	19903

Members shall receive no compensation, but shall be	19904
reimbursed from the appropriations for the division for the actual	19905
and necessary expenses incurred by them in the performance of	19906
their official duties.	19907

The council shall:

19908

(A) Advise the chief of the division of soil and water	19909
resources in carrying out the duties of the division under this	19910
chapter and Chapter 1523. of the Revised Code;	19911

(B) Recommend such policy and legislation with respect to	19912
water management and conservation as will promote the economic,	19913
industrial, and social development of the state while minimizing	19914
threats to the state's natural environment;	19915

(C) Review and make recommendations on the development of	19916
plans and programs for long-term, comprehensive water management	19917
throughout the state; and	19918

(D) Recommend ways to enhance cooperation among governmental	19919
agencies having an interest in water to encourage wise use and	19920
protection of the state's ground and surface waters. To this end,	19921
the council shall request nonvoting representation from	19922
appropriate governmental agencies.	19923

Sec. 1521.04. The chief of the division of soil and water	19924
resources, with the approval of the director of natural resources,	19925
may make loans and grants from the water management fund created	19926
in section 1501.32 of the Revised Code to governmental agencies	19927
for water management, water supply improvements, and planning and	19928
may administer grants from the federal government and from other	19929
public or private sources for carrying out those functions and for	19930
the performance of any acts that may be required by the United	19931
States or by any agency or department thereof as a condition for	19932
the participation by any governmental agency in any federal	19933
financial or technical assistance program. Direct and indirect	19934
costs of administration may be paid from the fund.	19935

The chief may use the water management fund for the purposes	19936
of administering the water diversion and consumptive use permit	19937
programs established in sections 1501.30 to 1501.35 of the Revised	19938
Code; to perform watershed and water resources studies for the	19939
purposes of water management planning; and to acquire, construct,	19940
reconstruct, improve, equip, maintain, operate, and dispose of	19941
water management improvements. The chief may fix, alter, charge,	19942
and collect rates, fees, rentals, and other charges to be paid	19943
into the fund by governmental agencies and persons who are	19944
supplied with water by facilities constructed or operated by the	19945
department of natural resources in order to amortize and defray	19946
the cost of the construction, maintenance, and operation of those	19947
facilities.	19948

Sec. 1521.05. (A) As used in this section:

19949

(1) "Construct" or "construction" includes drilling, boring,	19950
digging, deepening, altering, and logging.	19951

(2) "Altering" means changing the configuration of a well,	19952
including, without limitation, deepening a well, extending or	19953
replacing any portion of the inside or outside casing or wall of a	19954
well that extends below ground level, plugging a portion of a well	19955
back to a certain depth, and reaming out a well to enlarge its	19956
original diameter.	19957

(3) "Logging" means describing the lithology, grain size,	19958
color, and texture of the formations encountered during the	19959
drilling, boring, digging, deepening, or altering of a well.	19960

(4) "Grouting" means neat cement; bentonite products in	19961
slurry, granular, or pelletized form, excluding drilling mud or	19962
fluids; or any combination of neat cement and bentonite products	19963
that is placed within a well to seal the annular space or to seal	19964
an abandoned well and that is impervious to and capable of	19965
preventing the movement of water.	19966

(5) "Abandoned well" means a well whose use has been	19967
permanently discontinued and that poses potential health and	19968
safety hazards or that has the potential to transmit surface	19969
contaminants into the aquifer in which the well has been	19970
constructed.	19971

(6) "Sealing" means the complete filling of an abandoned well	19972
with grouting or other approved materials in order to permanently	19973
prevent the vertical movement of water in the well and thus	19974
prevent the contamination of ground water or the intermixing of	19975
water between aquifers.	19976

(B) Any person that constructs a well shall keep a careful	19977
and accurate log of the construction of the well. The log shall	19978
show all of the following:	19979

(1) The character, including, without limitation, the	19980
lithology, color, texture, and grain size, the name, if known, and	19981
the depth of all formations passed through or encountered;	19982

(2) The depths at which water is encountered;

19983

(3) The static water level of the completed well;

19984

(4) A copy of the record of all pumping tests and analyses	19985
related to those tests, if any;	19986

(5) Construction details, including lengths, diameters, and	19987
thicknesses of casing and screening and the volume, type of	19988
material, and method of introducing gravel packing and grouting	19989
into the well;	19990

(6) The type of pumping equipment installed, if any;

19991

(7) The name of the owner of the well, the address of the	19992
location where the well was constructed, and either the state	19993
plane coordinates or the latitude and longitude of the well;	19994

(8) The signature of the individual who constructed the well	19995
and filed the well log;	19996

(9) Any other information required by the chief of the	19997
division of soil and water resources.	19998

The log shall be ~~furnished to~~filed with the division of soil	19999
and water resources within thirty days after the completion of	20000
construction of the well on forms prescribed and prepared by the	20001
division. The log shall be kept on file by the division.	20002

(C) Any person that seals a well shall keep a careful and	20003
accurate report of the sealing of the well. The sealing report	20004
shall show all of the following:	20005

(1) The name of the owner of the well, the address of the	20006
location where the well was constructed, and either the state	20007
plane coordinates or the latitude and longitude of the well;	20008

(2) The depth of the well, the size and length of its casing,	20009
and the static water level of the well;	20010

(3) The sealing procedures, including the volume and type of	20011
sealing material or materials and the method and depth of	20012
placement of each material;	20013

(4) The date on which the sealing was performed;

20014

(5) The signature of the individual who sealed the well and	20015
filed the sealing report;	20016

(6) Any other information required by the chief.

20017

The sealing report shall be ~~furnished to~~filed with the	20018
division within thirty days after the completion of the sealing of	20019
the well on forms prescribed and prepared by the division.	20020

(D) In accordance with Chapter 119. of the Revised Code, the	20021
chief may adopt, amend, and rescind rules requiring other persons	20022
that are involved in the construction or subsequent development of	20023
a well to submit well logs under division (B) of this section	20024
containing any or all of the information specified in divisions	20025
(B)(1) to (9) of this section and specifying additional	20026
information to be included in sealing reports required under	20027
division (C) of this section. The chief shall adopt rules	20028
establishing procedures and requirements governing the payment and	20029
collection of water well log filing fees, including the amount of	20030
any filing fee to be imposed as an alternative to the	20031
twenty-dollar filing fee established in division (G) of this	20032
section and including procedures for the quarterly transfer of	20033
filing fees by boards of health and the director of environmental	20034
protection under that division.	20035

(E)(1) No person shall fail to keep and ~~submit~~file a well	20036
log or a sealing report as required by this section.	20037

(2) No person shall make a false statement in any well log or	20038
sealing report required to be kept and ~~submitted~~filed under this	20039
section. Violation of division (E)(2) of this section is	20040
falsification under section 2921.13 of the Revised Code.	20041

(F) For the purposes of prosecution of a violation of	20042
division (E)(1) of this section, a prima-facie case is established	20043
when the division obtains either of the following:	20044

(1) A certified copy of a permit for a private water system	20045
issued in accordance with rules adopted under section 3701.344 of	20046
the Revised Code, or a certified copy of the invoice or a canceled	20047
check from the owner of a well indicating the construction or	20048
sealing services performed;	20049

(2) A certified copy of any permit issued under Chapter 3734.	20050
or 6111. of the Revised Code or plan approval granted under	20051
Chapter 6109. of the Revised Code for any activity that includes	20052
the construction or sealing of a well as applicable.	20053

(G) In accordance with rules adopted under this section, a	20054
person or entity that constructs a well for the purpose of	20055
extracting potable water as part of a private water system that	20056
is subject to rules adopted under section 3701.344 of the Revised	20057
Code or a public water system that is required to be licensed	20058
under Chapter 6109. of the Revised Code shall pay a well log	20059
filing fee of twenty dollars per well log or, if the chief has	20060
adopted rules establishing an alternative fee amount, the fee	20061
amount established under rules. The fee shall be collected by a	20062
board of health under section 3701.344 of the Revised Code or the	20063
environmental protection agency under section 6109.22 of the	20064
Revised Code, as applicable.	20065

Each calendar quarter, a board of health or the environmental	20066
protection agency, as applicable, shall forward all well log	20067
filing fees collected during the previous calendar quarter to the	20068
division of soil and water resources. The fees shall be forwarded	20069
in accordance with procedures established in rules adopted under	20070
this section.	20071

Proceeds of well log filing fees shall be used by the	20072
division of soil and water resources for the purposes of	20073
acquiring, maintaining, and dispensing digital and paper records	20074
of well logs that are filed with the division.	20075

Sec. 1521.06. (A) No dam may be constructed for the purpose	20076
of storing, conserving, or retarding water, or for any other	20077
purpose, nor shall any levee be constructed for the purpose of	20078
diverting or retaining flood water, unless the person or	20079
governmental agency desiring the construction has a construction	20080
permit for the dam or levee issued by the chief of the division of	20081
soil and water resources.	20082

A construction permit is not required under this section for:

20083

(1) A dam that is or will be less than ten feet in height and	20084
that has or will have a storage capacity of not more than fifty	20085
acre-feet at the elevation of the top of the dam, as determined by	20086
the chief. For the purposes of this section, the height of a dam	20087
shall be measured from the natural stream bed or lowest ground	20088
elevation at the downstream or outside limit of the dam to the	20089
elevation of the top of the dam.	20090

(2) A dam, regardless of height, that has or will have a	20091
storage capacity of not more than fifteen acre-feet at the	20092
elevation of the top of the dam, as determined by the chief;	20093

(3) A dam, regardless of storage capacity, that is or will be	20094
six feet or less in height, as determined by the chief;	20095

(4) A dam or levee that belongs to a class exempted by the	20096
chief;	20097

(5) The repair, maintenance, improvement, alteration, or	20098
removal of a dam or levee that is subject to section 1521.062 of	20099
the Revised Code, unless the construction constitutes an	20100
enlargement or reconstruction of the structure as determined by	20101
the chief;	20102

(6) A dam or impoundment constructed under Chapter 1513. of	20103
the Revised Code.	20104

(B) Before a construction permit may be issued, three copies	20105
of the plans and specifications, including a detailed cost	20106
estimate, for the proposed construction, prepared by a registered	20107
professional engineer, together with the filing fee specified by	20108
this section and the bond or other security required by section	20109
1521.061 of the Revised Code, shall be filed with the chief. The	20110
detailed estimate of the cost shall include all costs associated	20111
with the construction of the dam or levee, including supervision	20112
and inspection of the construction by a registered professional	20113
engineer. The filing fee shall be based on the detailed cost	20114
estimate for the proposed construction as filed with and approved	20115
by the chief, and shall be determined by the following schedule	20116
unless otherwise provided by rules adopted under this section:	20117

(1) For the first one hundred thousand dollars of estimated	20118
cost, a fee of four per cent;	20119

(2) For the next four hundred thousand dollars of estimated	20120
cost, a fee of three per cent;	20121

(3) For the next five hundred thousand dollars of estimated	20122
cost, a fee of two per cent;	20123

(4) For all costs in excess of one million dollars, a fee of	20124
one-half of one per cent.	20125

In no case shall the filing fee be less than one thousand	20126
five hundred dollars or more than ~~one~~five hundred thousand	20127
dollars. If the actual cost exceeds the estimated cost by more	20128
than fifteen per cent, an additional filing fee shall be required	20129
equal to the fee determined by the preceding schedule less the	20130
original filing fee. All fees collected pursuant to this section,	20131
and all fines collected pursuant to section 1521.99 of the Revised	20132
Code, shall be deposited in the state treasury to the credit of	20133
the dam safety fund, which is hereby created. Expenditures from	20134
the fund shall be made by the chief for the purpose of	20135
administering this section and sections 1521.061 and 1521.062 of	20136
the Revised Code.	20137

(C) The chief shall, within thirty days from the date of the	20138
receipt of the application, fee, and bond or other security, issue	20139
or deny a construction permit for the construction or may issue a	20140
construction permit conditioned upon the making of such changes in	20141
the plans and specifications for the construction as the chief	20142
considers advisable if the chief determines that the construction	20143
of the proposed dam or levee, in accordance with the plans and	20144
specifications filed, would endanger life, health, or property.	20145

(D) The chief may deny a construction permit after finding	20146
that a dam or levee built in accordance with the plans and	20147
specifications would endanger life, health, or property, because	20148
of improper or inadequate design, or for such other reasons as the	20149
chief may determine.	20150

In the event the chief denies a permit for the construction	20151
of the dam or levee, or issues a permit conditioned upon a making	20152
of changes in the plans or specifications for the construction,	20153
the chief shall state the reasons therefor and so notify, in	20154
writing, the person or governmental agency making the application	20155
for a permit. If the permit is denied, the chief shall return the	20156
bond or other security to the person or governmental agency making	20157
application for the permit.	20158

The decision of the chief conditioning or denying a	20159
construction permit is subject to appeal as provided in Chapter	20160
119. of the Revised Code. A dam or levee built substantially at	20161
variance from the plans and specifications upon which a	20162
construction permit was issued is in violation of this section.	20163
The chief may at any time inspect any dam or levee, or site upon	20164
which any dam or levee is to be constructed, in order to determine	20165
whether it complies with this section.	20166

(E) A registered professional engineer shall inspect the	20167
construction for which the permit was issued during all phases of	20168
construction and shall furnish to the chief such regular reports	20169
of the engineer's inspections as the chief may require. When the	20170
chief finds that construction has been fully completed in	20171
accordance with the terms of the permit and the plans and	20172
specifications approved by the chief, the chief shall approve the	20173
construction. When one year has elapsed after approval of the	20174
completed construction, and the chief finds that within this	20175
period no fact has become apparent to indicate that the	20176
construction was not performed in accordance with the terms of the	20177
permit and the plans and specifications approved by the chief, or	20178
that the construction as performed would endanger life, health, or	20179
property, the chief shall release the bond or other security. No	20180
bond or other security shall be released until one year after	20181
final approval by the chief, unless the dam or levee has been	20182
modified so that it will not retain water and has been approved as	20183
nonhazardous after determination by the chief that the dam or	20184
levee as modified will not endanger life, health, or property.	20185

(F) When inspections required by this section are not being	20186
performed, the chief shall notify the person or governmental	20187
agency to which the permit has been issued that inspections are	20188
not being performed by the registered professional engineer and	20189
that the chief will inspect the remainder of the construction.	20190
Thereafter, the chief shall inspect the construction and the cost	20191
of inspection shall be charged against the owner. Failure of the	20192
registered professional engineer to submit required inspection	20193
reports shall be deemed notice that the engineer's inspections are	20194
not being performed.	20195

(G) The chief may order construction to cease on any dam or	20196
levee that is being built in violation of this section, and may	20197
prohibit the retention of water behind any dam or levee that has	20198
been built in violation of this section. The attorney general,	20199
upon written request of the chief, may bring an action for an	20200
injunction against any person who violates this section or to	20201
enforce an order or prohibition of the chief made pursuant to this	20202
section.	20203

(H) The chief may adopt rules in accordance with Chapter 119.	20204
of the Revised Code, for the design and construction of dams and	20205
levees for which a construction permit is required by this section	20206
or for which periodic inspection is required by section 1521.062	20207
of the Revised Code, for establishing a filing fee schedule in	20208
lieu of the schedule established under division (B) of this	20209
section and for establishing the minimum and maximum amounts of a	20210
filing fee in lieu of the amounts established in that division,	20211
for deposit and forfeiture of bonds and other securities required	20212
by section 1521.061 of the Revised Code, for the periodic	20213
inspection, operation, repair, improvement, alteration, or removal	20214
of all dams and levees, as specified in section 1521.062 of the	20215
Revised Code, and for establishing classes of dams or levees that	20216
are exempt from the requirements of this section and section	20217
1521.062 of the Revised Code as being of a size, purpose, or	20218
situation that does not present a substantial hazard to life,	20219
health, or property. The chief may, by rule, limit the period	20220
during which a construction permit issued under this section is	20221
valid. The rules may allow for the extension of the period during	20222
which a permit is valid upon written request, provided that the	20223
written request includes a revised construction cost estimate, and	20224
may require the payment of an additional filing fee for the	20225
requested extension. If a construction permit expires without an	20226
extension before construction is completed, the person or agency	20227
shall apply for a new permit, and shall not continue construction	20228
until the new permit is issued.	20229

Sec. 1521.061. Except as otherwise provided in this section,	20230
a construction permit shall not be issued under section 1521.06 of	20231
the Revised Code unless the person or governmental agency applying	20232
for the permit executes and files a surety bond conditioned on	20233
completion of the dam or levee in accordance with the terms of	20234
the permit and the plans and specifications approved by the chief	20235
of the division of soil and water resources, in an amount equal	20236
to fifty per cent of the estimated cost of the project.	20237

If a permittee requests an extension of the time period	20238
during which a construction permit is valid in accordance with	20239
rules adopted under section 1521.06 of the Revised Code, the chief	20240
shall determine whether the revised construction cost estimate	20241
provided with the request exceeds the original construction cost	20242
estimate that was filed with the chief by more than twenty-five	20243
per cent. If the revised construction cost estimate exceeds the	20244
original construction cost estimate by more than twenty-five per	20245
cent, the chief may require an additional surety bond to be filed	20246
so that the total amount of the surety bonds equals at least fifty	20247
per cent of the revised construction cost estimate.	20248

The chief shall not approve any bond until it is personally	20249
signed and acknowledged by both principal and surety, or as to	20250
either by the attorney in fact thereof, with a certified copy of	20251
the power of attorney attached. The chief shall not approve the	20252
bond unless there is attached a certificate of the superintendent	20253
of insurance that the company is authorized to transact a fidelity	20254
and surety business in this state.	20255

All bonds shall be given in a form prescribed by the chief	20256
and shall run to the state as obligee.	20257

The applicant may deposit, in lieu of a bond, cash in an	20258
amount equal to the amount of the bond or United States government	20259
securities or negotiable certificates of deposit issued by any	20260
bank organized or transacting business in this state having a par	20261
value equal to or greater than the amount of the bond. Such cash	20262
or securities shall be deposited upon the same terms as bonds. If	20263
one or more certificates of deposit are deposited in lieu of a	20264
bond, the chief shall require the bank that issued any such	20265
certificate to pledge securities of the aggregate market value	20266
equal to the amount of the certificate that is in excess of the	20267
amount insured by the federal deposit insurance corporation. The	20268
securities to be pledged shall be those designated as eligible	20269
under section 135.18 of the Revised Code. The securities shall be	20270
security for the repayment of the certificate of deposit.	20271

Immediately upon a deposit of cash, securities, or	20272
certificates of deposit, the chief shall deliver them to the	20273
treasurer of state, who shall hold them in trust for the purposes	20274
for which they have been deposited. The treasurer of state is	20275
responsible for the safekeeping of such deposits. An applicant	20276
making a deposit of cash, securities, or certificates of deposit	20277
may withdraw and receive from the treasurer of state, on the	20278
written order of the chief, all or any portion of the cash,	20279
securities, or certificates of deposit, upon depositing with the	20280
treasurer of state cash, other United States government	20281
securities, or negotiable certificates of deposit issued by any	20282
bank organized or transacting business in this state equal in par	20283
value to the par value of the cash, securities, or certificates of	20284
deposit withdrawn. An applicant may demand and receive from the	20285
treasurer of state all interest or other income from any such	20286
securities or certificates as it becomes due. If securities so	20287
deposited with and in the possession of the treasurer of state	20288
mature or are called for payment by the issuer thereof, the	20289
treasurer of state, at the request of the applicant who deposited	20290
them, shall convert the proceeds of the redemption or payment of	20291
the securities into such other United States government	20292
securities, negotiable certificates of deposit issued by any bank	20293
organized or transacting business in this state, or cash as the	20294
applicant designates.	20295

When the chief finds that a person or governmental agency has	20296
failed to comply with the conditions of the person's or agency's	20297
bond, the chief shall make a finding of that fact and declare the	20298
bond, cash, securities, or certificates of deposit forfeited in	20299
the amount set by rule of the chief. The chief shall thereupon	20300
certify the total forfeiture to the attorney general, who shall	20301
proceed to collect that amount.	20302

In lieu of total forfeiture, the surety, at its option, may	20303
cause the dam or levee to be completed as required by section	20304
1521.06 of the Revised Code and rules of the chief, or otherwise	20305
rendered nonhazardous, or pay to the treasurer of state the cost	20306
thereof.	20307

All moneys collected on account of forfeitures of bonds,	20308
cash, securities, and certificates of deposit under this section	20309
shall be credited to the dam safety fund created in section	20310
1521.06 of the Revised Code. The chief shall make expenditures	20311
from the fund to complete dams and levees for which bonds have	20312
been forfeited or to otherwise render them nonhazardous.	20313

Expenditures from the fund for those purposes shall be made	20314
pursuant to contracts entered into by the chief with persons who	20315
agree to furnish all of the materials, equipment, work, and labor	20316
as specified and provided in the contract.	20317

A surety bond shall not be required for a permit for a dam or	20318
levee that is to be designed and constructed by an agency of the	20319
United States government, if the agency files with the chief	20320
written assurance of the agency's financial responsibility for the	20321
structure during the one-year period following the chief's	20322
approval of the completed construction provided for under division	20323
(E) of section 1521.06 of the Revised Code.	20324

Sec. 1521.062. (A) All dams and levees constructed in this	20325
state and not exempted by this section or by the chief of the	20326
division of soil and water resources under section 1521.06 of the	20327
Revised Code shall be inspected periodically by the chief, except	20328
for classes of dams that, in accordance with rules adopted under	20329
this section, are required to be inspected by registered	20330
professional engineers who have been approved for that purpose by	20331
the chief. The inspection shall ensure that continued operation	20332
and use of the dam or levee does not constitute a hazard to life,	20333
health, or property. Periodic inspections shall not be required of	20334
the following structures:	20335

(1) A dam that is less than ten feet in height and has a	20336
storage capacity of not more than fifty acre-feet at the elevation	20337
of the top of the dam, as determined by the chief. For the	20338
purposes of this section, the height of a dam shall be measured	20339
from the natural stream bed or lowest ground elevation at the	20340
downstream or outside limit of the dam to the elevation of the top	20341
of the dam.	20342

(2) A dam, regardless of height, that has a storage capacity	20343
of not more than fifteen acre-feet at the elevation of the top of	20344
the dam, as determined by the chief;	20345

(3) A dam, regardless of storage capacity, that is six feet	20346
or less in height, as determined by the chief;	20347

(4) A dam or levee belonging to a class exempted by the	20348
chief;	20349

(5) A dam or levee that has been exempted in accordance with	20350
rules adopted under section 1521.064 of the Revised Code.	20351

(B) In accordance with rules adopted under this section, the	20352
owner of a dam that is in a class of dams that is designated in	20353
the rules for inspection by registered professional engineers	20354
shall obtain the services of a registered professional engineer	20355
who has been approved by the chief to conduct the periodic	20356
inspection of dams pursuant to schedules and other standards and	20357
procedures established in the rules. The registered professional	20358
engineer shall prepare a report of the inspection in accordance	20359
with the rules and provide the inspection report to the dam owner	20360
who shall submit it to the chief. A dam that is designated under	20361
the rules for inspection by a registered professional engineer,	20362
but that is not inspected within a five-year period may be	20363
inspected by the chief at the owner's expense.	20364

(C) Intervals between periodic inspections shall be	20365
determined by the chief, but shall not exceed five years.	20366

(D) In the case of a dam or levee that the chief inspects,	20367
the chief shall furnish a report of the inspection to the owner of	20368
the dam or levee. With regard to a dam or levee that has been	20369
inspected, either by the chief or by a registered professional	20370
engineer, and that is the subject of an inspection report prepared	20371
or received by the chief, the chief shall inform the owner of any	20372
required repairs, maintenance, investigations, and other remedial	20373
and operational measures. The chief shall order the owner to	20374
perform such repairs, maintenance, investigations, or other	20375
remedial or operational measures as the chief considers necessary	20376
to safeguard life, health, or property. The order shall permit the	20377
owner a reasonable time in which to perform the needed repairs,	20378
maintenance, investigations, or other remedial measures, and the	20379
cost thereof shall be borne by the owner. All orders of the chief	20380
are subject to appeal as provided in Chapter 119. of the Revised	20381
Code. The attorney general, upon written request of the chief, may	20382
bring an action for an injunction against any person who violates	20383
this section or to enforce an order of the chief made pursuant to	20384
this section.	20385

(E) The owner of a dam or levee shall monitor, maintain, and	20386
operate the structure and its appurtenances safely in accordance	20387
with state rules, terms and conditions of permits, orders, and	20388
other requirements issued pursuant to this section or section	20389
1521.06 of the Revised Code. The owner shall fully and promptly	20390
notify the division of soil and water resources and other	20391
responsible authorities of any condition that threatens the safety	20392
of the structure and shall take all necessary actions to safeguard	20393
life, health, and property.	20394

(F) Before commencing the repair, improvement, alteration, or	20395
removal of a dam or levee, the owner shall file an application	20396
including plans, specifications, and other required information	20397
with the division and shall secure written approval of the	20398
application by the chief. Emergency actions by the owner required	20399
to safeguard life, health, or property are exempt from this	20400
requirement. The chief may, by rule, define maintenance, repairs,	20401
or other remedial measures of a routine nature that are exempt	20402
from this requirement.	20403

(G) The chief may remove or correct, at the expense of the	20404
owner, any unsafe structures found to be constructed or maintained	20405
in violation of this section or section 1521.06 of the Revised	20406
Code. In the case of an owner other than a governmental agency,	20407
the cost of removal or correction of any unsafe structure,	20408
together with a description of the property on which the unsafe	20409
structure is located, shall be certified by the chief to the	20410
county auditor and placed by the county auditor upon the tax	20411
duplicate. This cost is a lien upon the lands from the date of	20412
entry and shall be collected as other taxes and returned to the	20413
division. In the case of an owner that is a governmental agency,	20414
the cost of removal or correction of any unsafe structure shall be	20415
recoverable from the owner by appropriate action in a court of	20416
competent jurisdiction.	20417

(H) If the condition of any dam or levee is found, in the	20418
judgment of the chief, to be so dangerous to the safety of life,	20419
health, or property as not to permit time for the issuance and	20420
enforcement of an order relative to repair, maintenance, or	20421
operation, the chief shall employ any of the following remedial	20422
means necessary to protect life, health, and property:	20423

(1) Lower the water level of the lake or reservoir by	20424
releasing water;	20425

(2) Completely drain the lake or reservoir;

20426

(3) Take such other measures or actions as the chief	20427
considers necessary to safeguard life, health, and property.	20428

The chief shall continue in full charge and control of the	20429
dam or levee until the structure is rendered safe. The cost of the	20430
remedy shall be recoverable from the owner of the structure by	20431
appropriate action in a court of competent jurisdiction.	20432

(I) The chief may accept and expend gifts, bequests, and	20433
grants from the United States government or from any other public	20434
or private source and may contract with the United States	20435
government or any other agency or entity for the purpose of	20436
carrying out the dam safety functions set forth in this section	20437
and section 1521.06 of the Revised Code.	20438

(J) In accordance with Chapter 119. of the Revised Code, the	20439
chief may adopt, and may amend or rescind, rules that do all of	20440
the following:	20441

(1) Designate classes of dams for which dam owners must	20442
obtain the services of a registered professional engineer to	20443
periodically inspect the dams and to prepare reports of the	20444
inspections for submittal to the chief;	20445

(2) Establish standards in accordance with which the chief	20446
must approve or disapprove registered professional engineers to	20447
inspect dams together with procedures governing the approval	20448
process;	20449

(3) Establish schedules, standards, and procedures governing	20450
periodic inspections and standards and procedures governing the	20451
preparation and submittal of inspection reports;	20452

(4) Establish provisions regarding the enforcement of this	20453
section and rules adopted under it.	20454

(K) The owner of a dam or levee shall notify the chief in	20455
writing of a change in ownership of the dam or levee prior to the	20456
exchange of the property.	20457

Sec. 1521.063. (A) Except for the federal government, the	20458
owner of ~~any~~a dam, that is classified as a class I, class II, or	20459
class III dam under rules adopted under section 1521.06 of the	20460
Revised Code and subject to section 1521.062 of the Revised Code	20461
shall pay an annual fee, based upon the height of the dam, the	20462
linear foot length of the dam, and the per-acre foot of volume of	20463
water impounded by the dam. The fee shall be paid to the division	20464
of soil and water ~~on or before June 30, 1988, and~~resources on or	20465
before the thirtieth day of June of each ~~succeeding~~ year. The	20466
annual fee shall be as follows until otherwise provided by rules	20467
adopted under this section:	20468

(1) For any dam classified as a class I dam under rules	20469
adopted by the chief of the division of soil and water resources	20470
under section 1521.06 of the Revised Code, ~~thirty~~three hundred	20471
dollars plus ten dollars per foot of height of dam, five cents	20472
per foot of length of the dam and five cents per-acre foot of	20473
water impounded by the dam;	20474

(2) For any dam classified as a class II dam under those	20475
rules, ~~thirty~~ninety dollars plus ~~one dollar~~six dollars per foot	20476
of height of dam, five cents per foot of length of the dam and	20477
five cents per-acre foot of water impounded by the dam;	20478

(3) For any dam classified as a class III dam under those	20479
rules, ~~thirty~~ninety dollars plus four dollars per foot of height	20480
of the dam, five cents per foot of length of the dam, and five	20481
cents per-acre foot of volume of water impounded by the dam.	20482

For purposes of this section, the height of a dam is the	20483
vertical height, to the nearest foot, as determined by the	20484
division under section 1521.062 of the Revised Code.	20485

All fees collected under this section shall be deposited in	20486
the dam safety fund created in section 1521.06 of the Revised	20487
Code. Any owner who fails to pay any annual fee required by this	20488
section within sixty days after the due date shall be assessed a	20489
penalty of ten per cent of the annual fee plus interest at the	20490
rate of one-half per cent per month from the due date until the	20491
date of payment.	20492

There is hereby created the compliant dam discount program	20493
to be administered by the chief. Under the program, the chief may	20494
reduce the amount of the annual fee that an owner of a dam is	20495
required to pay under division (A)(1), (2), or (3) of this	20496
section if the owner is in compliance with section 1521.062 of	20497
the Revised Code and has developed an emergency action plan	20498
pursuant to standards established in rules adopted under this	20499
section. The chief shall not discount an annual fee by more than	20500
twenty-five per cent of the total annual fee that is due. In	20501
addition, the chief shall not discount the annual fee that is due	20502
from the owner of a dam who has been assessed a penalty under this	20503
section.	20504

(B) The chief shall, in accordance with Chapter 119. of the	20505
Revised Code and subject to the prior approval of the director of	20506
natural resources, adopt, and may amend or rescind, rules for the	20507
collection of fees and the administration, implementation, and	20508
enforcement of this section and for the establishment of an	20509
annual fee schedule in lieu of the schedule established ~~under~~in	20510
division (A) of this section.	20511

(C)(1) No person, political subdivision, or state	20512
governmental agency shall violate or fail to comply with this	20513
section or any rule or order adopted or issued under it.	20514

(2) The attorney general, upon written request of the chief,	20515
may commence an action against any such violator. Any action under	20516
division (C)(2) of this section is a civil action.	20517

(D) As used in this section, "political subdivision" includes	20518
townships, municipal corporations, counties, school districts,	20519
municipal universities, park districts, sanitary districts, and	20520
conservancy districts and subdivisions thereof.	20521

Sec. 1521.064. The chief of the division of soil and water	20522
resources, in accordance with Chapter 119. of the Revised Code,	20523
shall adopt, and may amend and rescind, rules establishing a	20524
program under which dams and levees may be exempted from	20525
inspections under section 1521.062 of the Revised Code if the	20526
continued operation and use of, and any rupturing of or other	20527
structural damage to, the dams and levees will not constitute a	20528
hazard to life, health, or property. The rules shall establish,	20529
without limitation, all of the following:	20530

(A) A procedure by which the owner of such a dam or levee may	20531
apply for an exemption under this section;	20532

(B) The standards that a dam or levee shall meet in order to	20533
be exempted under this section;	20534

(C) A procedure by which the chief shall periodically review	20535
the status of a dam or levee that has been exempted under this	20536
section to determine if the exemption should be rescinded;	20537

(D) A requirement that the owner of any dam or levee exempted	20538
under this section shall agree, in writing, to accept liability	20539
for any injury, death, or loss to persons or property caused by	20540
the rupturing of or other structural damage to the dam or levee.	20541

Sec. 1521.07. The chief of the division of soil and water	20542
resources or any employee in the service of the division may enter	20543
upon lands to make surveys and inspections in accordance with this	20544
chapter, when necessary in the discharge of the duties enumerated	20545
in this chapter.	20546

Sec. 1521.10. In order to be entitled to the compensation	20547
provided for in section 1521.09 of the Revised Code, the landowner	20548
~~must~~shall have prepared and submit to the division of soil and	20549
water resources complete plans for the dam provided for in such	20550
section. The plans shall have the approval of the chief of the	20551
division of soil and water resources and the dam shall be	20552
constructed in accordance with such plans before compensation can	20553
be claimed.	20554

Sec. 1521.11. Upon the completion of the dam referred to in	20555
section 1521.09 of the Revised Code to the satisfaction of the	20556
division of soil and water resources, it shall certify the	20557
completion and the capacity thereof to the county auditor who	20558
shall thereupon make such reduction in the assessed valuation of	20559
the contiguous landowner as hethe contiguous landowner is	20560
entitled to receive under sections 1521.09 to 1521.12~~, inclusive,~~	20561
of the Revised Code.	20562

Sec. 1521.12. In the event that any dam is constructed	20563
before plans are submitted to and approved by the division of soil	20564
and water resources as required by section 1521.10 of the Revised	20565
Code, the landowner may submit plans of the dam hethe landowner	20566
has built, showing the area of the drainage basin above the dam, a	20567
cross section of the dam site, a cross section, plan, and	20568
elevation of the dam, a map of the spillway, a topographic map of	20569
the reservoir basin, and such other data and information as the	20570
division requires. If the plans receive the approval of the	20571
division, and upon examination the dam is found to be	20572
satisfactorily completed in accordance with such plans, ~~said~~the	20573
division shall certify the completion and capacity thereof to the	20574
county auditor. If the plans fail to meet the requirements of the	20575
division, the owner may submit revised plans, and when such	20576
revised plans have been approved and the dam rebuilt to conform to	20577
such plans, the completion of the dam and its capacity shall then	20578
be certified to the auditor who shall thereupon make such	20579
reduction in the assessed valuation of the contiguous land as such	20580
owner is entitled to receive under sections 1521.09 to 1521.12,	20581
~~inclusive,~~ of the Revised Code.	20582

Sec. 1521.13. (A) Development in one-hundred-year floodplain	20583
areas shall be protected to at least the one-hundred-year flood	20584
level, and flood water conveyance shall be maintained, at a	20585
minimum, in accordance with standards established under the	20586
national flood insurance program. This division does not preclude	20587
a state agency or political subdivision from establishing flood	20588
protection standards that are more restrictive than this division.	20589

(B) Prior to the expenditure of money for or the construction	20590
of buildings, structures, roads, bridges, or other facilities in	20591
locations that may be subject to flooding or flood damage, all	20592
state agencies and political subdivisions shall notify and consult	20593
with the division of soil and water resources and shall furnish	20594
information that the division reasonably requires in order to	20595
avoid the uneconomic, hazardous, or unnecessary use of floodplains	20596
in connection with such facilities.	20597

(C) The chief of the division of soil and water resources	20598
shall do all of the following:	20599

(1) Coordinate the floodplain management activities of state	20600
agencies and political subdivisions with the floodplain management	20601
activities of the United States, including the national flood	20602
insurance program;	20603

(2) Collect, prepare, and maintain technical data and	20604
information on floods and floodplain management and make the data	20605
and information available to the public, state agencies, political	20606
subdivisions, and agencies of the United States;	20607

(3) Cooperate and enter into agreements with persons for the	20608
preparation of studies and reports on floods and floodplain	20609
management;	20610

(4) Assist any county, municipal corporation, or state agency	20611
in developing comprehensive floodplain management programs;	20612

(5) Provide technical assistance to any county, municipal	20613
corporation, or state agency through engineering assistance, data	20614
collection, preparation of model laws, training, and other	20615
activities relating to floodplain management;	20616

(6) For the purpose of reducing damages and the threat to	20617
life, health, and property in the event of a flood, cooperate with	20618
state agencies, political subdivisions, and the United States in	20619
the development of flood warning systems, evacuation plans, and	20620
flood emergency preparedness plans;	20621

(7) Upon request, assist the emergency management agency	20622
established by section 5502.22 of the Revised Code in the	20623
preparation of flood hazard mitigation reports required as a	20624
condition for receiving federal disaster aid under the "Disaster	20625
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended,	20626
and regulations adopted under it;	20627

(8) Adopt, and may amend or rescind, rules in accordance with	20628
Chapter 119. of the Revised Code for the administration,	20629
implementation, and enforcement of this section and sections	20630
1521.14 and 1521.18 of the Revised Code;	20631

(9) Establish, by rule, technical standards for the	20632
delineation and mapping of floodplains and for the conduct of	20633
engineering studies to determine the vertical and horizontal	20634
limits of floodplains and for the assessment of development	20635
impacts on flood heights and flood conveyance. The standards	20636
established in rules adopted under this division shall be	20637
consistent with and no more stringent than the analogous standards	20638
established under the national flood insurance program.	20639

(10) On behalf of the director of natural resources,	20640
administer section 1506.04 of the Revised Code.	20641

In addition to the duties imposed in divisions (C)(1) to (10)	20642
of this section, and with respect to existing publicly owned	20643
facilities that have suffered flood damage or that may be subject	20644
to flood damage, the chief may conspicuously mark past and	20645
probable flood heights in order to assist in creating public	20646
awareness of and knowledge about flood hazards.	20647

(D)(1) Development that is funded, financed, undertaken, or	20648
preempted by state agencies shall comply with division (A) of this	20649
section and with rules adopted under division (C)(9) of this	20650
section.	20651

(2) State agencies shall apply floodproofing measures in	20652
order to reduce potential additional flood damage of existing	20653
publicly owned facilities that have suffered flood damage.	20654

(3) Before awarding funding or financing or granting a	20655
license, permit, or other authorization for a development that is	20656
or is to be located within a one-hundred-year floodplain, a state	20657
agency shall require the applicant to demonstrate to the	20658
satisfaction of the agency that the development will comply with	20659
division (A) of this section, rules adopted under division (C)(9)	20660
of this section, and any applicable local floodplain management	20661
resolution or ordinance.	20662

(4) Prior to the disbursement of any state disaster	20663
assistance money in connection with any incident of flooding to or	20664
within a county or municipal corporation that is not listed by the	20665
chief as being in compliance under division (D)(1) of section	20666
1521.18 of the Revised Code, a state agency that has authority to	20667
disburse such money shall require the county or municipal	20668
corporation to establish or reestablish compliance as provided in	20669
that division.	20670

(E)(1) Subject to section 1521.18 of the Revised Code, a	20671
county or a municipal corporation may do all of the following:	20672

(a) Adopt floodplain maps that reflect the best available	20673
data and that indicate the areas to be regulated under a	20674
floodplain management resolution or ordinance, as applicable;	20675

(b) Develop and adopt a floodplain management resolution or	20676
ordinance, as applicable;	20677

(c) Adopt floodplain management standards that exceed the	20678
standards that are established under the national flood insurance	20679
program.	20680

(2) A county or municipal corporation shall examine and	20681
apply, where economically feasible, floodproofing measures in	20682
order to reduce potential additional flood damage of existing	20683
publicly owned facilities that have suffered flood damage.	20684

(3) A county that adopts a floodplain management resolution	20685
shall do so in accordance with the procedures established in	20686
section 307.37 of the Revised Code. The county may enforce the	20687
resolution by issuing stop work orders, seeking injunctive relief,	20688
or pursuing other civil actions that the county considers	20689
necessary to ensure compliance with the resolution. In addition,	20690
failure to comply with the floodplain management resolution	20691
constitutes a violation of division (D) of section 307.37 of the	20692
Revised Code.	20693

(4) No action challenging the validity of a floodplain	20694
management resolution adopted by a county or a floodplain	20695
management ordinance adopted by a municipal corporation, or an	20696
amendment to such a resolution or ordinance, because of a	20697
procedural error in the adoption of the resolution, ordinance, or	20698
amendment shall be brought more than two years after the adoption	20699
of the resolution, ordinance, or amendment.	20700

Sec. 1521.14. Upon the written request of the director of	20701
natural resources, the attorney general shall bring an action for	20702
appropriate relief in a court of competent jurisdiction against	20703
any development that is not in compliance with the standards of	20704
the national flood insurance program and that is one of the	20705
following:	20706

(A) Located in a county or municipal corporation that is not	20707
listed by the chief of the division of soil and water resources as	20708
being in compliance under division (D)(1) of section 1521.18 of	20709
the Revised Code;	20710

(B) Funded, financed, undertaken, or preempted by a state	20711
agency.	20712

Sec. 1521.15. (A) The chief of the division of soil and	20713
water resources shall develop and maintain, in cooperation with	20714
local, state, federal, and private agencies and entities, a water	20715
resources inventory for the collection, interpretation, storage,	20716
retrieval, exchange, and dissemination of information concerning	20717
the water resources of this state, including, but not limited to,	20718
information on the location, type, quantity, and use of those	20719
resources and the location, type, and quantity of consumptive use	20720
and diversion of the water resources. The water resources	20721
inventory also shall include, without limitation, information to	20722
assist in determining the reasonableness of water use and sharing	20723
under common law, promoting reasonable use and development of	20724
water resources, and resolving water use conflicts.	20725

All agencies of the state shall cooperate with the chief in	20726
the development and maintenance of the inventory.	20727

(B) The chief shall cooperate with the other great lakes	20728
states and provinces to develop a common base of data regarding	20729
the management of the water resources of the Lake Erie drainage	20730
basin and to establish systematic arrangements for the exchange of	20731
those data.	20732

~~(C) The chief shall prepare and present to the governor no~~	20733
~~later than September 1, 1998, a long-term water resources plan for~~	20734
~~the protection, conservation, and management of the water~~	20735
~~resources of the Lake Erie drainage basin. The plan shall include,~~	20736
~~without limitation, all of the following:~~	20737

~~(1) An inventory of surface and ground water resources;~~

20738

~~(2) Identification and assessment of existing uses and future~~	20739
~~demand for all of the following:~~	20740

~~(a) Withdrawal of water resources for domestic, agricultural,~~	20741
~~manufacturing, mining, navigation, power production, recreation,~~	20742
~~fish and wildlife, and other uses;~~	20743

~~(b) Diversion;~~

20744

~~(c) Consumptive use.~~

20745

~~(3) Guidelines to minimize consumptive use;~~

20746

~~(4) Guidelines and procedures to coordinate, conserve,~~	20747
~~develop, protect, use, and manage the water resources of the Lake~~	20748
~~Erie drainage basin.~~	20749

Sec. 1521.16. (A) Any person who owns a facility that has	20750
the capacity to withdraw waters of the state in an amount greater	20751
than one hundred thousand gallons per day from all sources and	20752
whose construction is completed before January 1, 1990, shall	20753
register the facility by January 1, 1991, with the chief of the	20754
division of soil and water resources, and any person who owns a	20755
facility that has the capacity to withdraw waters of the state in	20756
such an amount and whose construction is completed on or after	20757
January 1, 1990, shall register the facility with the chief within	20758
three months after the facility is completed. The person shall	20759
register the facility using a form prescribed by the chief that	20760
shall include, without limitation, the name and address of the	20761
registrant and date of registration; the locations and sources of	20762
the facility's water supply; the facility's withdrawal capacity	20763
per day and the amount withdrawn from each source; the uses made	20764
of the water, places of use, and places of discharge; and such	20765
other information as the chief may require by rule.	20766

The registration date of any facility whose construction was	20767
completed prior to January 1, 1990, and that is registered under	20768
this division prior to January 1, 1991, shall be January 1, 1990.	20769
The registration date of any facility whose construction was	20770
completed prior to January 1, 1990, and that is required to	20771
register under this division prior to January 1, 1991, but that is	20772
not registered prior to that date, and the registration date of	20773
any facility whose construction was completed after January 1,	20774
1990, and that is required to register under this division shall	20775
be the date on which the registration is received by the chief.	20776

(B) In accordance with division (D) of this section, the	20777
chief shall adopt rules establishing standards and criteria for	20778
determining when an area of ground water is a ground water stress	20779
area, the geographic limits of such an area, and a threshold	20780
withdrawal capacity for the area below which registration under	20781
this division shall not be required. At any time following the	20782
adoption of those rules, the chief may by order designate an area	20783
of ground water as a ground water stress area and shall establish	20784
in any such order a threshold withdrawal capacity for the area	20785
below which registration under this division shall not be	20786
required.	20787

Following the designation of a ground water stress area, the	20788
chief immediately shall give notice by publication in a newspaper	20789
of general circulation in the designated area that shall include a	20790
map delineating the designated ground water stress area and a	20791
statement of the threshold withdrawal capacity established for the	20792
area below which registration under this division shall not be	20793
required. The notice shall not appear in the legal notices section	20794
of the newspaper. Any person who owns a facility in the designated	20795
ground water stress area that is not registered under division (A)	20796
of this section and that has the capacity to withdraw waters of	20797
the state in an amount greater than the threshold withdrawal	20798
capacity for the area from all sources shall register ~~his~~the	20799
facility with the chief not later than thirty days after	20800
publication of the notice. A person registering a facility under	20801
this division shall do so using a form prescribed by the chief.	20802
The form shall include the information specified in division (A)	20803
of this section.	20804

(C) Any person who owns a facility registered under division	20805
(A) or (B) of this section shall file a report annually with the	20806
chief listing the amount of water withdrawn per day by the	20807
facility, the return flow per day, and any other information the	20808
chief may require by rule. Any person who, under Chapter 6109. of	20809
the Revised Code, provides such information to the Ohio	20810
environmental protection agency is exempt from reporting under	20811
this division. The director of environmental protection shall	20812
provide the chief any such reported information upon ~~his~~ request.	20813

(D) The chief shall adopt, and may amend or rescind, rules in	20814
accordance with Chapter 119. of the Revised Code to carry out this	20815
section.	20816

(E)(1) No person knowingly shall fail to register a facility	20817
or file a report as required under this section.	20818

(2) No person shall file a false report under this section.	20819
Violation of division (E)(2) of this section is falsification	20820
under section 2921.13 of the Revised Code.	20821

(F) At the request of the director of natural resources, the	20822
attorney general may commence a civil action to compel compliance	20823
with this section, in a court of common pleas, against any person	20824
who has violated or is violating division (E)(1) of this section.	20825
The court of common pleas in which a civil action is commenced	20826
under this division has jurisdiction to and shall compel	20827
compliance with this section upon a showing that the person	20828
against whom the action is brought has violated or is violating	20829
that division.	20830

Any action under this division is a civil action, governed by	20831
the rules of civil procedure and other rules of practice and	20832
procedure applicable to civil actions.	20833

Sec. 1521.18. (A) For the purposes of this section, a	20834
one-hundred-year floodplain is limited to an area identified as a	20835
one-hundred-year floodplain in accordance with the "National Flood	20836
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	20837
amended.	20838

(B) Each municipal corporation or county that has within its	20839
boundaries a one-hundred-year floodplain and that adopts a	20840
floodplain management ordinance or resolution or any amendments to	20841
such an ordinance or resolution on or after April 11, 1991, after	20842
adopting the ordinance, resolution, or amendments and before	20843
submitting the ordinance, resolution, or amendments to the federal	20844
emergency management agency for final approval for compliance with	20845
applicable standards adopted under the "National Flood Insurance	20846
Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall	20847
submit the ordinance, resolution, or amendments to the chief of	20848
the division of soil and water resources for the chief's review	20849
for compliance with those standards. Within forty-five days after	20850
receiving any such ordinance, resolution, or amendments, the chief	20851
shall complete the review and notify the municipal corporation or	20852
county as to whether the ordinance, resolution, or amendments	20853
comply with those standards. If the chief finds that the	20854
ordinance, resolution, or amendments comply with those standards,	20855
the chief shall forward it or them to the federal emergency	20856
management agency for final approval.	20857

(C)(1) If the chief determines that a county or municipal	20858
corporation that has adopted a floodplain management resolution or	20859
ordinance fails to administer or enforce the resolution or	20860
ordinance, the chief shall send a written notice by certified mail	20861
to the board of county commissioners of the county or the chief	20862
executive officer of the municipal corporation stating the nature	20863
of the noncompliance.	20864

(2) In order to maintain its compliance status in accordance	20865
with division (D) of this section, a county or municipal	20866
corporation that has received a notice of noncompliance under	20867
division (C)(1) of this section may submit information to the	20868
chief not later than thirty days after receiving the notice that	20869
demonstrates compliance or indicates the actions that the county	20870
or municipal corporation is taking to administer or enforce the	20871
resolution or ordinance. The chief shall review the information	20872
and shall issue a final determination by certified mail to the	20873
county or municipal corporation of the compliance or noncompliance	20874
status of the county or municipal corporation. If the chief issues	20875
a final determination of noncompliance, the chief shall send a	20876
copy of that determination to the federal emergency management	20877
agency concurrently with mailing the notice to the municipal	20878
corporation or county.	20879

(D)(1) A county or municipal corporation is considered to be	20880
in compliance for the purposes of this section if either of the	20881
following applies:	20882

(a) The county or municipal corporation has adopted a	20883
floodplain management resolution or ordinance that the chief has	20884
determined complies with applicable standards adopted under the	20885
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	20886
4001, as amended, and is adequately administering and enforcing it	20887
as determined under division (C) of this section.	20888

(b) The county or municipal corporation is participating in	20889
the national flood insurance program and has not received a notice	20890
of noncompliance under division (B) or (C) of this section.	20891

(2) The chief shall maintain a list of all counties and	20892
municipal corporations that have one-hundred-year floodplains	20893
within their boundaries. The list shall indicate whether each such	20894
county or municipal corporation is in compliance or noncompliance	20895
as provided in division (D)(1) of this section and whether each	20896
such county or municipal corporation is participating in the	20897
national flood insurance program. The chief shall provide a copy	20898
of the list to the general assembly and all state agencies	20899
annually and shall notify the general assembly and the agencies of	20900
any changes at least quarterly.	20901

(E) Any county or municipal corporation that is adversely	20902
affected by any determination of the chief under this section may	20903
appeal it in accordance with Chapter 119. of the Revised Code not	20904
later than thirty days after the final determination.	20905

Sec. 1521.19. (A) There is hereby created the Ohio water	20906
resources council consisting of the directors of agriculture,	20907
development, environmental protection, health, natural resources,	20908
transportation, and the Ohio public works commission, the	20909
chairperson of the public utilities commission of Ohio, the	20910
executive director of the Ohio water development authority, and an	20911
executive assistant in the office of the governor appointed by the	20912
governor. The governor shall appoint one of the members of the	20913
council to serve as its chairperson. The council may adopt bylaws	20914
that are necessary for the implementation of this section. The	20915
council shall provide a forum for policy development,	20916
collaboration and coordination among state agencies, and strategic	20917
direction with respect to state water resource programs. The	20918
council shall be assisted in its functions by a state agency	20919
coordinating group and an advisory group as provided in this	20920
section.	20921

(B) The state agency coordinating group shall consist of the	20922
executive director of the Ohio Lake Erie commission and a member	20923
or members from each state agency, commission, and authority	20924
represented on the council, to be appointed by the applicable	20925
director, chairperson, or executive director. However, the	20926
environmental protection agency shall be represented on the group	20927
by the chiefs of the divisions within that agency having	20928
responsibility for surface water programs and drinking and ground	20929
water programs, and the department of natural resources shall be	20930
represented on the group by the chief of the division of ~~water and~~	20931
~~the chief of the division of~~ soil and water ~~conservation~~	20932
resources. The chairperson of the council shall appoint a leader	20933
of the state agency coordinating group. The group shall provide	20934
assistance to and perform duties on behalf of the council as	20935
directed by the council.	20936

(C) The advisory group shall consist of not more than	20937
twenty-four members, each representing an organization or entity	20938
with an interest in water resource issues. The council shall	20939
appoint the members of the advisory group. Of the initial	20940
appointments, not more than ten members shall be appointed for	20941
one-year terms, and not more than ten members shall be appointed	20942
for two-year terms. Of the four initial appointments made after	20943
~~the effective date of this amendment~~April 6, 2007, two of the	20944
members shall be appointed for one-year terms, and two of the	20945
members shall be appointed for two-year terms. Thereafter, all	20946
advisory group members shall serve two-year terms. Members may be	20947
reappointed. Each member shall hold office from the date of the	20948
member's appointment until the end of the member's term. A member	20949
shall continue in office subsequent to the expiration date of the	20950
member's term until the member's successor takes office or until a	20951
period of sixty days has elapsed, whichever occurs first. The	20952
council may remove a member for misfeasance, nonfeasance, or	20953
malfeasance in office. The council shall appoint members to fill	20954
any vacancies on the group. A member appointed to fill a vacancy	20955
shall hold office for the remainder of the term for which that	20956
member was appointed.	20957

The chairperson of the council shall appoint a chairperson of	20958
the advisory group. The advisory group shall advise the council on	20959
water resources issues addressed by the council.	20960

(D) There is hereby created in the state treasury the Ohio	20961
water resources council fund. The department of natural resources	20962
shall serve as the fiscal agent for the fund. The departments of	20963
agriculture, development, environmental protection, health,	20964
natural resources, and transportation shall transfer moneys to the	20965
fund in equal amounts via intrastate transfer voucher. The public	20966
utilities commission of Ohio, Ohio public works commission, and	20967
Ohio water development authority may transfer moneys to the fund.	20968
If a voluntary transfer of moneys is made to the fund, the portion	20969
that is required to be transferred by the departments of	20970
agriculture, development, environmental protection, health,	20971
natural resources, and transportation may be equally reduced.	20972
Moneys in the fund shall be used to pay the operating expenses of	20973
the Ohio water resources council, including those specified in	20974
division (E) of this section.	20975

(E) The Ohio water resources council may hire staff to	20976
support its activities. The council may enter into contracts and	20977
agreements with federal agencies, state agencies, political	20978
subdivisions, and private entities to assist in accomplishing its	20979
objectives. Advisory group members shall be reimbursed for	20980
expenses necessarily incurred in the performance of their duties	20981
pursuant to section 126.31 of the Revised Code and any applicable	20982
rules pertaining to travel reimbursement adopted by the office of	20983
budget and management.	20984

Sec. 1523.01. In addition to all other powers granted to and	20985
duties devolving upon the chief of the division of soil and water	20986
resources, when in the chief's judgment it is for the public	20987
welfare and the best interests of the citizens of the state that	20988
the surplus, flood, and other waters of any of the watersheds,	20989
rivers, streams, watercourses, or public waters should be	20990
conserved, impounded, and stored in order to insure and promote	20991
the public health, welfare, and safety and to encourage and	20992
promote agriculture, commerce, manufacturing, and other public	20993
purposes, such chief shall proceed in furtherance of the purposes	20994
of sections 1523.01 to 1523.13 of the Revised Code, and for the	20995
preservation of the use of such waters for navigation, in case	20996
such waters are required for navigation, to construct such	20997
reservoirs, dams, storage basins, dikes, canals, raceways, and	20998
other improvements as are necessary for such purposes, or the	20999
chief may make additions to, enlarge, and make alterations in and	21000
upon such reservoirs, dams, storage basins, dikes, canals,	21001
raceways, and other improvements already in existence and	21002
constituting a part of the public works, as are necessary for such	21003
purposes. Any rights or privileges granted by sections 1523.01 to	21004
1523.13 of the Revised Code, shall not interfere with the control	21005
and maintenance of the state reservoirs or public parks which have	21006
been dedicated to the public for purposes of recreation and	21007
pleasure.	21008

~~Said~~The chief, subject to the written approval of the	21009
director of natural resources and the governor, may acquire by	21010
gift, purchase, or by appropriation proceedings, in the name of	21011
and on behalf of the state, such real and personal property,	21012
rights, privileges, and appurtenances as are necessary in the	21013
chief's judgment for the construction of such reservoirs, dams,	21014
storage basins, dikes, canals, raceways, and other improvements,	21015
or for the alteration, enlargement, or maintenance of existing	21016
reservoirs, dams, and other improvements, together with such	21017
rights of way, drives, and roadways as are necessary for	21018
convenient access thereto. The appropriation proceedings referred	21019
to in this section shall be restricted to private property only.	21020

Before proceeding to purchase or appropriate any such	21021
property or rights, the cost of which, together with the land or	21022
real estate necessary upon which to locate and construct such	21023
improvements, including damages to remaining property, is in	21024
excess of one thousand dollars, the chief shall prepare plans,	21025
specifications, and estimates of such cost, including all material	21026
and labor therefor, together with the cost of such land or real	21027
estate and damages, and shall thereupon submit such plans,	21028
specifications, and estimates to the director, who in turn shall	21029
submit them to the governor for approval.	21030

The governor shall thereupon publish written notice once a	21031
week for two consecutive weeks in a newspaper published in and of	21032
general circulation in the counties where any such improvements	21033
are proposed to be constructed, setting forth the location and	21034
character of the proposed improvements, that the plans,	21035
specifications, and estimates therefor are on file in the	21036
governor's office, and that objections thereto will be heard by	21037
the governor on a day to be named in ~~said~~the notice, which day	21038
shall be not less than ten nor more than twenty days after the	21039
first publication thereof. Within thirty days after the date fixed	21040
for ~~said~~the hearing, the governor shall return such plans,	21041
specifications, and estimates to the director, with the governor's	21042
written approval or rejection thereof indorsed thereon. The	21043
director shall immediately return such plans, specifications, and	21044
estimates, together with the governor's indorsement thereon, to	21045
the chief.	21046

Any instrument by which real property is acquired pursuant to	21047
this section shall identify the agency of the state that has the	21048
use and benefit of the real property as specified in section	21049
5301.012 of the Revised Code.	21050

Sec. 1523.02. If the governor approves the plans,	21051
specifications, and estimates authorized by section 1523.01 of the	21052
Revised Code, the chief of the division of soil and water	21053
resources shall thereupon proceed, as provided in sections	21054
1523.02 to 1523.13 of the Revised Code, to construct the	21055
improvements or to make alterations in or to enlarge those	21056
already existing, in such manner and form as is shown by such	21057
plans and specifications. In order to provide the funds for such	21058
construction, alteration, or enlargement, the chief shall issue	21059
and sell bonds of the state, not in excess of the estimated cost	21060
of such improvements. The bonds shall be issued in denominations	21061
of not less than one hundred dollars payable as a whole or in	21062
series on or before fifty years from the date thereof, with	21063
interest not to exceed the rate provided in section 9.95 of the	21064
Revised Code, payable either annually or semiannually.	21065

The bonds shall show on their face the purpose for which	21066
issued and shall create no liability upon or be considered an	21067
indebtedness of the state, but both the principal and interest	21068
shall be paid solely out of the proceeds arising from the	21069
improvements constructed, altered, or enlarged by the chief, or	21070
from the proceeds of the sale or foreclosure of the lien securing	21071
the bonds on such improvement or such part thereof as is	21072
constructed from the money realized from the sale of the bonds.	21073

The form of the bonds shall be approved by the attorney	21074
general, and they shall be signed by the governor and attested by	21075
the director of natural resources and the chief. The bonds may be	21076
issued as coupon bonds, payable to bearer only, or upon demand of	21077
the owner or holder thereof as registered bonds.	21078

Such bonds shall be sold by the chief to the highest bidder	21079
therefor, but for not less than the par value thereof, with	21080
accrued interest thereon, after thirty days' notice in at least	21081
two newspapers of general circulation in the county where such	21082
improvements are to be constructed, altered, or enlarged, setting	21083
forth the nature, amount, rate of interest, and length of time the	21084
bonds have to run, with the time and place of sale.	21085

The treasurer of state shall be the treasurer of the fund	21086
realized from the sale of such bonds, and the auditor of state	21087
shall be the auditor of such fund. The proceeds of such sale shall	21088
be turned over to the treasurer of state and shall be deposited by	21089
the treasurer of state in a solvent bank, located either in	21090
Columbus or in the county in which such improvements are located.	21091
Such proceeds shall be kept by such bank in a fund to be known as	21092
the water conservation improvement fund. Such fund shall be used	21093
to acquire the necessary real estate and to construct such new	21094
improvements and for no other purpose, except that the treasurer	21095
of state may pay the interest on the bonds during the period of	21096
condemnation and the construction, alteration, or enlargement of	21097
such improvements out of the proceeds arising from the sale of the	21098
bonds for a term not exceeding three years from the date on which	21099
the bonds are issued. The bank shall give bond to the state in	21100
such amount as the treasurer of state considers advisable, and	21101
with surety to the satisfaction of the treasurer of state, for the	21102
benefit of the holders of the bonds, and for the benefit of any	21103
contractors performing labor or furnishing material for such	21104
improvements, as provided by law, conditioned that it will safely	21105
keep the money and will make no payments or disbursements	21106
therefrom except as provided in sections 1523.01 to 1523.13 of the	21107
Revised Code.	21108

The treasurer of state shall hold such fund as trustee for	21109
the holders of the bonds and for all persons performing labor or	21110
furnishing material for the construction, alteration, or	21111
enlargement of any improvement made under such sections. Such	21112
funds shall not be turned into the state treasury, but shall be	21113
deposited and disbursed by the treasurer of state as provided in	21114
such sections. The interest coupons attached to such bonds shall	21115
bear the signature of the treasurer of state, executed by the	21116
treasurer of state or printed or lithographed thereon.	21117

Both the interest and principal of such bonds shall be made	21118
payable at the office of the treasurer of state in Columbus, and	21119
shall be paid by the treasurer of state, without warrant or	21120
authority of the director of budget and management, to the owner	21121
or holder of such bonds upon presentation by the owner or holder	21122
of matured interest coupons or bonds.	21123

Sec. 1523.03. Immediately after the sale of the bonds	21124
authorized by section 1523.02 of the Revised Code and the payment	21125
of the proceeds thereof to the treasurer of state as provided in	21126
such section, the chief of the division of soil and water	21127
resources shall make a written contract for the construction of	21128
the improvements or for the making of additions to or alterations	21129
in existing improvements with the lowest responsive and	21130
responsible bidder, in accordance with section 9.312 of the	21131
Revised Code, after advertisements once a week for four	21132
consecutive weeks in one newspaper in each of the cities of	21133
Columbus, Cleveland, and Cincinnati having a general circulation	21134
therein, one trade paper having a circulation among contractors	21135
engaged in the construction of public improvement work of like	21136
character, and two newspapers having a general circulation within	21137
the county in which the dam, reservoir, storage basin, or other	21138
improvement is located or is to be located.	21139

All bids shall be filed with the chief, within the time fixed	21140
for the filing of such bids in ~~said~~the advertisement. The bids	21141
shall be opened and publicly read by the chief at twelve noon on	21142
the last day for filing them. Each bid shall contain the full	21143
names of every person or company interested in it, shall	21144
separately state the price of both the labor and material to be	21145
furnished under it, and shall meet the requirements of section	21146
153.54 of the Revised Code.	21147

The chief may reject any bids. If the chief rejects all bids,	21148
the chief shall within sixty days thereafter readvertise for bids	21149
for the construction of such improvements, as provided in this	21150
section, and may continue to readvertise for bids every sixty days	21151
until bids are received which are made to the chief's satisfaction	21152
and in conformity to sections 1523.01 to 1523.13 of the Revised	21153
Code.	21154

The chief may award separate contracts to bidders for each	21155
part of the labor to be done or material to be furnished for the	21156
construction of such improvements, provided that the amount of the	21157
contract, if awarded as a whole, or the aggregate of ~~said~~the	21158
several contracts, if awarded separately, shall not, together with	21159
the cost of the land necessary for such improvements and the	21160
estimated damages to remaining property, be in excess of the	21161
estimated cost of the construction thereof, including such land	21162
and damages. Such contracts shall provide that all payments	21163
thereunder shall be made only from the proceeds of the sale of the	21164
bonds issued for the construction of such improvements. No	21165
contractor shall receive payment for any work or labor performed	21166
or material furnished for such improvements unless the contract	21167
therefor was, at the time of its execution, approved by the	21168
governor by the governor's written indorsement on such contract.	21169

Sec. 1523.04. When estimates or statements for either	21170
material theretofore furnished or labor theretofore performed	21171
under a contract entered into as provided in section 1523.03 of	21172
the Revised Code are presented to the chief of the division of	21173
soil and water ~~of the department of natural~~ resources by the	21174
contractor, certified as to the correctness thereof under oath by	21175
~~him~~the contractor or ~~his~~the contractor's authorized agent and	21176
approved in writing by the chief, the chief shall pay the amount	21177
of such estimates or statements from the water conservation	21178
improvement fund.	21179

Sec. 1523.05. The chief of the division of soil and water	21180
resources shall by contract in writing sell or lease for	21181
agricultural, commercial, manufacturing, or other lawful purposes,	21182
for any term not exceeding fifty years, the water, or any part	21183
thereof, conserved and stored by the improvements then existing,	21184
or that will be conserved and stored by any improvements	21185
thereafter to be constructed by ~~him~~the chief. The chief may lease	21186
the land surrounding ~~said~~the water for a term not exceeding fifty	21187
years, as shown by the plans and specifications prepared by ~~him~~	21188
the chief and approved by the governor as provided in section	21189
1523.01 of the Revised Code. Such agreements shall be for a	21190
certain price or rental for the water or lands furnished to or	21191
used by the grantees, lessees, or their assigns, to be paid	21192
quarterly, semiannually, or annually as the chief deems advisable.	21193

~~Said~~The chief may, for a term not exceeding fifty years,	21194
sell or lease power generated by any head of water raised or	21195
maintained by any such improvement, or hethe chief may sell or	21196
lease the right to use such head of water for generating power or	21197
other hydraulic purposes.	21198

All such contracts of sale or lease, whether for water or	21199
power, shall contain such reservations or restrictions as the	21200
chief deems necessary and proper in furtherance of the purposes of	21201
sections 1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, and	21202
the preservation of the use of such waters for navigation in case	21203
they are required therefor.	21204

Such contracts or leases ~~must~~shall be approved by the	21205
attorney general as to their general form and legality and, before	21206
becoming binding obligations on the state, they shall be approved	21207
by the governor by ~~his~~the governor's written indorsement thereon.	21208

Sec. 1523.06. (A) The chief of the division of soil and	21209
water resources before selling bonds as provided in section	21210
1523.02 of the Revised Code or before receiving bids for the	21211
construction of improvements as authorized by section 1523.03 of	21212
the Revised Code may enter into tentative agreements for the sale	21213
or lease of water or power to:	21214

(1) Ascertain whether the public interest and welfare	21215
reasonably require the proposed improvements in the proposed	21216
locality;	21217

(2) Determine whether the revenues which the state may derive	21218
from the lease of lands and the lease and sale of the waters which	21219
are estimated will be conserved, impounded, and stored, or from	21220
the sale or lease of the power generated by such improvements,	21221
will be sufficient:	21222

(a) To pay the interest on bonds issued under section 1523.02	21223
of the Revised Code;	21224

(b) To create a sinking fund to retire ~~said~~the bonds at	21225
their maturity;	21226

21227

(B) The performance and carrying out of such tentative	21228
agreements shall be conditioned upon the ability of such chief to:	21229

(1) Sell ~~said~~the proposed bonds at not less than par and	21230
accrued interest;	21231

(2) Secure bids for the furnishing of all the labor and	21232
material necessary in the construction of such improvements,	21233
including all real estate required and damages incurred, at such a	21234
price that the rentals or compensation to be paid will provide	21235
during the terms of such contracts or leases a sum sufficient to	21236
pay ~~said~~the interest, retire ~~said~~the bonds, and maintain and	21237
keep ~~said~~the improvements in repair.	21238

Sec. 1523.07. The treasurer of state shall be treasurer and	21239
the auditor of state shall be auditor of all moneys derived from	21240
the use of the improvements authorized by sections 1523.01 to	21241
1523.13~~, inclusive,~~ of the Revised Code. The treasurer of state	21242
shall hold ~~said~~the moneys as trustee for the maintenance of any	21243
improvements constructed under such sections, and for the holders	21244
of any bonds issued in accordance with section 1523.02 of the	21245
Revised Code. ~~Said~~The moneys shall not be turned into the state	21246
treasury, but shall be deposited and disbursed by the treasurer of	21247
state in the manner provided in this section. All such moneys	21248
shall be collected by the treasurer of state on statements to be	21249
furnished by the chief of the division of soil and water resources	21250
and when so collected shall be deposited in solvent banks in the	21251
state upon the same terms as state funds are now loaned. ~~Said~~The	21252
funds shall be kept by such banks in a fund known as the "water	21253
conservation fund" and shall be used, first, to maintain and keep	21254
in repair the dams, reservoirs, storage basins, and other	21255
improvements, and, second, to pay the interest upon and principal	21256
of the bonds issued and sold pursuant to section 1523.02 of the	21257
Revised Code, as such interest falls due or ~~said~~the bonds mature.	21258

The banks in which the treasurer of state deposits any of the	21259
moneys belonging either to the water conservation improvement fund	21260
provided for in section 1523.02 of the Revised Code or the water	21261
conservation fund provided for in this section shall be state	21262
depository banks as provided for in sections 135.01 to 135.21,	21263
~~inclusive,~~ of the Revised Code. An amount not to exceed fifty	21264
thousand dollars of the money on deposit at any one time in the	21265
water conservation improvement fund, and an amount not to exceed	21266
ten thousand dollars in the water conservation fund shall be held	21267
by any of ~~said~~the banks as an active deposit, and ~~said~~the banks	21268
shall pay the treasurer of state on such deposits, both active and	21269
inactive, the same rate of interest then being paid by them upon	21270
the funds of the state then deposited with them by the treasurer	21271
of state. All such payments of interest shall be credited to the	21272
respective funds upon which such interest is paid.	21273

Sec. 1523.08. When the cost of any repairs to the	21274
improvements authorized by section 1523.01 of the Revised Code	21275
does not exceed one thousand dollars, the chief of the division of	21276
soil and water ~~of the department of natural~~ resources either may	21277
make such repairs ~~himself~~ or may let a contract therefor without	21278
advertising for bids. If the cost of any such repairs is in excess	21279
of one thousand dollars, the chief shall advertise for bids for	21280
the making of such repairs and let a contract therefor as provided	21281
in section 1523.03 of the Revised Code.	21282

When itemized statements are presented to the chief showing	21283
the amount of labor performed and material furnished in the making	21284
of such repairs, verified by the person making them and approved	21285
in writing by the chief, the chief shall pay the amount of such	21286
statement from the water conservation fund.	21287

Sec. 1523.09. If a reservoir, dam, storage basin, or other	21288
improvement constructed or enlarged by the chief of the division	21289
of soil and water resources as provided in sections 1523.01 to	21290
1523.13 of the Revised Code constitutes a part of the canal system	21291
of the state or is located upon any river, stream, or body of	21292
water formerly used as a feeder for the canal system, no water	21293
shall be sold or leased from the improvement ~~by the chief~~ except	21294
in accordance with section 1520.03 of the Revised Code.	21295

Sec. 1523.10. The funds derived from the sale, use, or lease	21296
of the water impounded and conserved or the power generated by the	21297
improvements constructed pursuant to sections 1523.01 to 1523.13,	21298
~~inclusive,~~ of the Revised Code, or from the lease of the lands and	21299
improvements adjacent thereto are hereby expressly pledged for the	21300
purpose of maintaining and keeping ~~said~~the improvements in repair	21301
and for the payment of the interest on and principal of the bonds	21302
issued under section 1523.02 of the Revised Code, as the same fall	21303
due and mature. The owners of such bonds are hereby given a lien	21304
for the payment of the principal and interest of such bonds upon	21305
any dam, reservoir, storage basin, or other improvements, or any	21306
part thereof, with the appurtenances belonging thereto,	21307
constructed by the chief of the division of soil and water	21308
resources with the funds derived from the sale of such bonds.	21309

If default is made in the payment of the interest on any of	21310
~~said~~the bonds for three or more successive years, or if bonds,	21311
aggregating in par value not less than ten per cent of the total	21312
amount of such bonds then outstanding are not paid at maturity,	21313
then all of ~~said~~the bonds, both principal and interest, shall	21314
become due and payable, and the owners of any of ~~said~~the bonds,	21315
aggregating in par value not less than ten per cent of the total	21316
amount of such bonds then outstanding, may institute proceedings	21317
to foreclose such lien against the state in the court of common	21318
pleas of the county in which is located any of ~~said~~the	21319
improvements, constructed, altered, or enlarged out of the	21320
proceeds of the sale of such bonds.	21321

~~Said~~The court shall have jurisdiction of such action with	21322
full power to foreclose such lien and to make an order to the	21323
sheriff of ~~said~~the county, acting as a master commissioner,	21324
directing ~~him~~the sheriff to make a sale of such improvements or	21325
part thereof at not less than two-thirds of the appraised value	21326
thereof, and upon such terms and in manner and form as provided	21327
for in ~~said~~the order, and to pay the proceeds of such sale to the	21328
clerk of the court of common pleas. Upon motion of the purchaser	21329
of such improvements at such sale, the court, if such sale is	21330
found to be regular in all respects and according to law, shall	21331
confirm the sale and order the sheriff to execute a deed to such	21332
purchaser and ~~his~~the purchaser's assigns, conveying to ~~him~~the	21333
purchaser and the purchaser's assigns all the right, title, and	21334
interest of the holders of ~~said~~the bonds in and to ~~said~~the	21335
improvements, and all the right, title, and interest of the state,	21336
for a period of not more than fifty years from the date of such	21337
conveyance, in the same, with full right and franchise, for ~~said~~	21338
the period of not to exceed fifty years, to operate ~~said~~the	21339
improvements and dispose of the water conserved or the power	21340
generated thereby, with the further right, for ~~said~~the period of	21341
fifty years, to flow, transport, and convey ~~said~~the water from	21342
~~said~~the improvements, or to conduct and transmit power generated	21343
thereby through, over, and upon any of the lands of the state or	21344
channels or beds of any of its reservoirs, lakes, canals, races,	21345
aqueducts, or watercourses. In the exercise of such rights, such	21346
purchaser or ~~his~~the purchaser's assigns shall at all times during	21347
the term of ~~said~~the grant maintain the improvements so conveyed	21348
to them in a good state of repair and shall not interfere with the	21349
navigation of the canals of the state or with the control and	21350
maintenance thereof or with the sale of water by the state from	21351
its dams, reservoirs, and improvements other than those so	21352
constructed. The state does not incur any liability by reason of	21353
such sale and the rights granted thereunder to continue to	21354
maintain such canals, races, channels, or watercourses, or to	21355
continue the use thereof. Such conveyance or grant by the sheriff	21356
as such master commissioner shall contain a clause giving the	21357
chief such control of waste gates and wickets as to regulate the	21358
flow of water in the state reservoirs or canals, in such manner as	21359
to maintain the proper level therein and to prevent the flowing	21360
into such reservoirs and canals of such quantities of water as	21361
might impair any of the property of the state or its lessees,	21362
except as otherwise provided in section 1520.03 of the Revised	21363
Code.	21364

Upon the foreclosure of ~~said~~the lien and the sale of ~~said~~	21365
the improvements, all contracts or leases for the sale, use, or	21366
lease of water, the lands and improvements adjacent thereto, or	21367
power rights then outstanding shall become void, and the rights of	21368
the state and the several lessees thereunder, shall cease.	21369

Upon the making of an order by the court for the sale of such	21370
improvements, and before they are offered for sale by the sheriff,	21371
the court shall appoint three disinterested appraisers, one of	21372
whom shall be a water-works or hydraulic engineer with at least	21373
five years' experience in the practice of ~~his~~the engineer's	21374
profession, and two of whom shall be freeholders residing in the	21375
county in which any of such improvements are located. ~~Said~~The	21376
appraisers shall appraise ~~said~~the improvements and shall, within	21377
the time fixed by the court, file such appraisal in writing with	21378
the clerk. If the lien given by this section as security for the	21379
payment of ~~said~~the bonds covers a part only of ~~said~~the	21380
improvements, ~~said~~the appraisers shall appraise ~~said~~the	21381
improvements as an entirety, and shall also appraise separately	21382
the part constructed from the proceeds of the sale of ~~said~~the	21383
bonds, the lien of which is being foreclosed in such proceeding.	21384

In making such appraisal and fixing the value of ~~said~~the	21385
improvements or of such part thereof, ~~said~~the appraisers shall	21386
have access to all papers and documents on file in the office of	21387
the chief relating to such improvements, including the plans and	21388
specifications therefor, and the bids made and contracts entered	21389
into for the construction thereof, and all leases and contracts	21390
for the sale of water impounded therein and power generated	21391
thereby. The order of the court shall direct the sale only of such	21392
part of ~~said~~the improvements as have been constructed from the	21393
proceeds of the sale of ~~said~~the bonds. The purchaser at such	21394
sale, in the operation of such improvements during the term of the	21395
franchise granted to ~~him~~the purchaser by this section, shall draw	21396
from the dam or reservoir impounding such water only such portion	21397
thereof as the appraised value of that part of such improvements,	21398
constructed from the proceeds of the sale of such bonds and sold	21399
to ~~him~~the purchaser under the order of the court, bears to the	21400
entire appraised value of such improvements.	21401

If at any time during the term of the franchise granted to	21402
the purchaser of such improvements at such foreclosure sale any	21403
controversy arises between ~~him~~the purchaser or ~~his~~the	21404
purchaser's assigns and the chief as to the operation of such	21405
improvements, or as to the amount of water which ~~said~~the	21406
purchaser is drawing or is entitled to draw therefrom, either ~~said~~	21407
the purchaser or ~~said~~the chief may file a petition in ~~said~~the	21408
court, setting forth the facts connected with such controversy.	21409

Notice in writing of the filing of such petition shall be	21410
given to the opposite party to ~~said~~the controversy within thirty	21411
days from the date of the filing thereof, either by service of	21412
such notice personally upon such opposite party by the sheriff of	21413
such county or by service by mail by the clerk. Such notice shall	21414
be mailed to the name and address which the purchaser filed with	21415
~~said~~the clerk at the time of the delivery to the purchaser by the	21416
sheriff of the deed. Within thirty days from the serving or	21417
mailing of such notice, the opposite party to ~~said~~the controversy	21418
shall file ~~his~~an answer in ~~said~~the court, and thereupon the	21419
court shall hear and determine ~~said~~the controversy and make such	21420
order in regard to it as is just and proper, which order shall be	21421
binding upon all the parties to ~~said~~the controversy.	21422

At the termination of ~~said~~the period of not to exceed fifty	21423
years, all of the rights and privileges conveyed to ~~said~~the	21424
purchaser by the deed and grant of such sheriff as master	21425
commissioner shall cease and ~~said~~the improvements, with all the	21426
appurtenances belonging thereto, shall revert to and become the	21427
property of the state, free and clear of any claims whatever	21428
against them.	21429

The clerk shall distribute and pay the money received by ~~him~~	21430
the clerk from the sheriff as such master commissioner from the	21431
sale of such improvements to the holders of ~~said~~the bonds pro	21432
rata, and upon such payment to any of ~~said~~the bondholders, they	21433
shall surrender to the ~~said~~the clerk their bonds, with all unpaid	21434
interest coupons thereon. The clerk shall thereupon cancel the	21435
same and deliver them, so canceled, to the treasurer of the water	21436
conservation improvement fund.	21437

Sec. 1523.11. All appropriations of property made by the	21438
chief of the division of soil and water resources in carrying out	21439
sections 1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, shall	21440
be made in accordance with sections 163.01 to 163.22~~, inclusive,~~	21441
of the Revised Code, provided that possession of any property so	21442
appropriated shall not be taken by the state or the chief before	21443
the compensation and damages awarded therefor in the appropriation	21444
proceedings have been paid into court.	21445

Sec. 1523.12. Sections 1523.01 to 1523.13~~, inclusive,~~ of the	21446
Revised Code do not authorize any reduction in the quantity or any	21447
impairment in the quality of the water in any watershed, stream,	21448
or basin, developed or undeveloped, from which any political	21449
subdivision is, at the time the chief of the division of soil and	21450
water resources proposes and is proceeding to construct in such	21451
watershed, stream, or basin any of the improvements authorized by	21452
such sections, taking water for the use of itself or its	21453
inhabitants, or has plans under way, or has made or begun	21454
appropriation of any property or rights in such watershed, stream,	21455
or basin for the purpose of acquiring a water supply for itself or	21456
its inhabitants for either domestic, industrial, or other uses.	21457
Such sections do not authorize the chief to sell or lease the	21458
right to use water at any time for any purpose or to such an	21459
extent as to prejudice, abrogate, or supersede any of the water	21460
rights granted by the state to the city of Akron as provided in	21461
volume 102, Ohio Laws, page 175, sections 1 to 3~~, inclusive~~.	21462

Sec. 1523.13. If by reason of severe drought or other causes	21463
the water supply of any political subdivision is, in the judgment	21464
of the chief of the division of soil and water resources, at any	21465
time so reduced or impaired as to endanger the property of such	21466
political subdivision, or the health, safety, or property of the	21467
inhabitants thereof, then the chief, under such regulations as he	21468
the chief prescribes, may grant to such political subdivision the	21469
right, during the continuance of such emergency, to draw or take	21470
such quantity of water as is necessary to protect the property of	21471
such political subdivision and the health, safety, or property of	21472
its inhabitants from any improvement constructed under sections	21473
1523.01 to 1523.13~~, inclusive,~~ of the Revised Code, before any of	21474
the lessees or grantees of the state using the water for	21475
industrial purposes take water therefrom. Such political	21476
subdivision shall pay such price per thousand gallons for the	21477
water so taken by it as is fixed by the chief and the governor.	21478
The price so fixed shall not exceed the maximum price then being	21479
paid for water to the state by any of its lessees or grantees.	21480
Such grant by the chief to such political subdivision shall not	21481
modify the terms or impair the validity of any leases then	21482
existing between the state and other persons, firms, or	21483
corporations, except as expressly provided in this section.	21484

Sec. 1523.14. The director of transportation in constructing	21485
highways, bridges, and culverts as provided by law; the board of	21486
county commissioners in constructing highways, bridges, and	21487
culverts as provided by law; the board of township trustees of any	21488
township in constructing highways, bridges, and culverts as	21489
provided by law; and any municipal corporation constructing or	21490
improving viaducts, bridges, and culverts under section 717.01 of	21491
the Revised Code, either severally or jointly, upon request of the	21492
chief of the division of soil and water resources and with the	21493
approval of the director of transportation, may construct and	21494
maintain slack-water dams in connection with ~~said~~the highway,	21495
highway bridge, or culvert so as to create reservoirs, ponds,	21496
water parks, basins, lakes, or other incidental works to conserve	21497
the water supply of the state.	21498

Sec. 1523.15. The chief of the division of soil and water of	21499
~~the department of natural~~ resources may request the public	21500
authority having charge of the construction of state, county, or	21501
township highways, highway bridges, and culverts, or municipal	21502
streets, for the construction of slack-water dams in connection	21503
with the construction of any such highway, street, highway bridge,	21504
or culvert whenever, in ~~his~~the chief's opinion, the construction	21505
of such dam is desirable and feasible for the economical creation	21506
and construction of reservoirs, ponds, water parks, basins, lakes,	21507
or other incidental works for the conservation of the water supply	21508
of the state.	21509

The public authority having charge of such construction may	21510
approve such request when, in its opinion, the construction of	21511
such dams will not unnecessarily delay or hinder the construction	21512
of the highway, street, highway bridge, or culvert, or will not	21513
interfere with its value or use for highway purposes.	21514

If such request is approved, the chief, in cooperation with	21515
the department of transportation and the public authority	21516
participating in the project, shall make a survey and prepare	21517
plans, specifications, and estimates for the construction of such	21518
dams and the reservoir, pond, water park, basin, lake, or other	21519
incidental works in connection therewith.	21520

Upon approval of the plans and specifications and	21521
determination to proceed with the project, the chief shall enter	21522
into an agreement with the public authority on the distribution of	21523
the cost and expense of the construction of such dams and	21524
incidental works in connection therewith. The portion of the cost	21525
to be paid by the division of soil and water resources shall be	21526
paid from any funds appropriated for or paid into the division and	21527
available for such purpose.	21528

Such dams shall be constructed under and subject to any laws	21529
governing the construction of state, county, or township highways,	21530
bridges, or culverts. Any public authority undertaking	21531
construction under sections 1523.14 to 1523.20 of the Revised Code	21532
shall proceed in the same manner as provided for the construction	21533
of highway or street improvements.	21534

Sec. 1523.16. Any department or division of the state	21535
government, or any county, township, municipal corporation, park	21536
board, or district, or any organization, club, corporation, or	21537
private person may petition the chief of the division of soil and	21538
water resources for the construction of dams and reservoir	21539
projects in connection with the construction of any highway,	21540
highway bridge, or culvert.	21541

Upon receipt of such a petition and its approval by the	21542
chief, hethe chief shall proceed as authorized by section 1523.15	21543
of the Revised Code. If the public authority having charge of the	21544
construction of such highway, street, highway bridge, or culvert	21545
approves the request, then the chief shall enter into an agreement	21546
with the public authority, organization, or person petitioning for	21547
the construction of such dam or reservoir on the apportionment of	21548
the cost and expense of construction. The cost and expense of such	21549
dam project shall include the cost of clearing and grubbing and	21550
the cost of property and damages incidental thereto. Such	21551
agreement shall also contain provisions for the proper maintenance	21552
and repair of such projects after completion, and also apportion	21553
the revenue derived therefrom between the division of soil and	21554
water resources and the petitioner.	21555

Sec. 1523.17. In all cases in which a public authority,	21556
private organization, or person petitions for the construction of	21557
a dam and reservoir project as authorized by ~~section~~sections	21558
1523.14 to 1523.20 of the Revised Code, the chief of the division	21559
of soil and water ~~of the department of natural~~ resources, as a	21560
condition precedent to the construction of such project, shall	21561
require the petitioning authority, organization, or person to pay	21562
~~his~~the petitioning authority's, organization's, or person's share	21563
of the cost and expense of such project.	21564

Any deficiency shall be made up by the parties bearing the	21565
cost before any further work is done. If the deficiency is not	21566
made up within sixty days after it is known, the amount paid in,	21567
less the expense incurred by the chief and the cooperating public	21568
authorities, shall be refunded to the donor. After completion of	21569
the work, any amount remaining to the credit of the project shall	21570
likewise be refunded.	21571

Sec. 1523.18. In the construction of dams, reservoirs, and	21572
other incidental works under sections 1523.14 to 1523.20 of the	21573
Revised Code, the chief of the division of soil and water	21574
resources shall proceed as provided by law, and shall enter into	21575
contracts therefor as provided in sections 153.01 to 153.29 of the	21576
Revised Code. The director of transportation, the chief of the	21577
division of wildlife with the approval of the director of natural	21578
resources, and any county, township, municipal corporation, and	21579
public park board or district may proceed with the letting of	21580
contracts for the construction of such dams or reservoir projects,	21581
approved by the chief of the division of soil and water resources,	21582
under any laws regulating the letting of contracts applicable to	21583
their respective departments, divisions, districts, or political	21584
subdivisions, and the authority of sections 1523.14 to 1523.20 of	21585
the Revised Code.	21586

Sec. 1523.19. The chief of the division of soil and water	21587
resources shall have the supervision, care, and control of all	21588
dams, reservoirs, ponds, water parks, basins, lakes, or other	21589
incidental works constructed under sections 1523.14 to 1523.20,	21590
~~inclusive,~~ of the Revised Code, and shall maintain and keep them	21591
in repair. The cost of such maintenance and repair shall be paid	21592
from any funds appropriated to the division of soil and water	21593
resources for that purpose or paid into the state treasury as	21594
agreed upon with the public or contracting authorities	21595
co-operating in the construction of such projects.	21596

Such projects may also be maintained by any department or	21597
division of state government or other public authorities leasing	21598
or operating the projects, through agreements made with ~~said~~the	21599
chief. All rentals derived from the lessees of such projects shall	21600
be used by ~~said~~the chief in the maintenance or repair of all such	21601
projects constructed under such sections. The costs and expenses	21602
of the reconstruction of any such projects shall be distributed,	21603
unless otherwise agreed, on the same basis and pro-rata share of	21604
the costs and expenses as was paid by the contracting authorities	21605
contributing to the cost of the original project.	21606

Sec. 1523.20. When the chief of the division of soil and	21607
water resources and the owners of the lands, waters, or riparian	21608
rights are unable to agree upon the terms, purchase price, and	21609
sale thereof, the chief may acquire the lands by appropriation	21610
proceedings in the manner provided by sections 163.01 to 163.22 of	21611
the Revised Code.	21612

The title or lease to any such lands, waters, or riparian	21613
rights shall be taken by the chief, subject to the approval of the	21614
governor and the attorney general, in the name of the state. The	21615
lease rentals or purchase price of any such lands, waters, or	21616
riparian rights, as well as all costs and expenses of constructing	21617
any such reservoirs, ponds, water parks, basins, lakes, or other	21618
incidental works on those lands, may be paid for from any funds	21619
appropriated for the use of or paid into the division of soil and	21620
water resources and available for that purpose. The chief may	21621
accept contributions to those funds from individuals,	21622
associations, clubs, organizations, and corporations.	21623

Sec. 1531.01. As used in this chapter and Chapter 1533. of	21624
the Revised Code:	21625

(A) "Person" means a person as defined in section 1.59 of the	21626
Revised Code or a company; an employee, agent, or officer of such	21627
a person or company; a combination of individuals; the state; a	21628
political subdivision of the state; an interstate body created by	21629
a compact; or the federal government or a department, agency, or	21630
instrumentality of it.	21631

(B) "Resident" means any individual who has resided in this	21632
state for not less than six months next preceding the date of	21633
making application for a license.	21634

(C) "Nonresident" means any individual who does not qualify	21635
as a resident.	21636

(D) "Division rule" or "rule" means any rule adopted by the	21637
chief of the division of wildlife under section 1531.10 of the	21638
Revised Code unless the context indicates otherwise.	21639

(E) "Closed season" means that period of time during which	21640
the taking of wild animals protected by this chapter and Chapter	21641
1533. of the Revised Code is prohibited.	21642

(F) "Open season" means that period of time during which the	21643
taking of wild animals protected by this chapter and Chapter 1533.	21644
of the Revised Code is permitted.	21645

(G) "Take or taking" includes pursuing, shooting, hunting,	21646
killing, trapping, angling, fishing with a trotline, or netting	21647
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	21648
wild bird, or wild quadruped, and any lesser act, such as	21649
wounding, or placing, setting, drawing, or using any other device	21650
for killing or capturing any wild animal, whether it results in	21651
killing or capturing the animal or not. "Take or taking" includes	21652
every attempt to kill or capture and every act of assistance to	21653
any other person in killing or capturing or attempting to kill or	21654
capture a wild animal.	21655

(H) "Possession" means both actual and constructive	21656
possession and any control of things referred to.	21657

(I) "Bag limit" means the number, measurement, or weight of	21658
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	21659
birds, and wild quadrupeds permitted to be taken.	21660

(J) "Transport and transportation" means carrying or moving	21661
or causing to be carried or moved.	21662

(K) "Sell and sale" means barter, exchange, or offer or	21663
expose for sale.	21664

(L) "Whole to include part" means that every provision	21665
relating to any wild animal protected by this chapter and Chapter	21666
1533. of the Revised Code applies to any part of the wild animal	21667
with the same effect as it applies to the whole.	21668

(M) "Angling" means fishing with not more than two hand	21669
lines, not more than two units of rod and line, or a combination	21670
of not more than one hand line and one rod and line, either in	21671
hand or under control at any time while fishing. The hand line or	21672
rod and line shall have attached to it not more than three baited	21673
hooks, not more than three artificial fly rod lures, or one	21674
artificial bait casting lure equipped with not more than three	21675
sets of three hooks each.	21676

(N) "Trotline" means a device for catching fish that consists	21677
of a line having suspended from it, at frequent intervals,	21678
vertical lines with hooks attached.	21679

(O) "Fish" means a cold-blooded vertebrate having fins.

21680

(P) "Measurement of fish" means length from the end of the	21681
nose to the longest tip or end of the tail.	21682

(Q) "Wild birds" includes game birds and nongame birds.

21683

(R) "Game" includes game birds, game quadrupeds, and	21684
fur-bearing animals.	21685

(S) "Game birds" includes mourning doves, ringneck pheasants,	21686
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated	21687
grouse, wild turkey, Hungarian partridge, Chukar partridge,	21688
woodcocks, black-breasted plover, golden plover, Wilson's snipe or	21689
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules,	21690
duck, geese, brant, and crows.	21691

(T) "Nongame birds" includes all other wild birds not	21692
included and defined as game birds or migratory game birds.	21693

(U) "Wild quadrupeds" includes game quadrupeds and	21694
fur-bearing animals.	21695

(V) "Game quadrupeds" includes cottontail rabbits, gray	21696
squirrels, black squirrels, fox squirrels, red squirrels, flying	21697
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	21698
wild boar, and black bears.	21699

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	21700
skunks, opossums, muskrats, fox, beavers, badgers, otters,	21701
coyotes, and bobcats.	21702

(X) "Wild animals" includes mollusks, crustaceans, aquatic	21703
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	21704
and all other wild mammals, but does not include domestic deer.	21705

(Y) "Hunting" means pursuing, shooting, killing, following	21706
after or on the trail of, lying in wait for, shooting at, or	21707
wounding wild birds or wild quadrupeds while employing any device	21708
commonly used to kill or wound wild birds or wild quadrupeds	21709
whether or not the acts result in killing or wounding. "Hunting"	21710
includes every attempt to kill or wound and every act of	21711
assistance to any other person in killing or wounding or	21712
attempting to kill or wound wild birds or wild quadrupeds.	21713

(Z) "Trapping" means securing or attempting to secure	21714
possession of a wild bird or wild quadruped by means of setting,	21715
placing, drawing, or using any device that is designed to close	21716
upon, hold fast, confine, or otherwise capture a wild bird or wild	21717
quadruped whether or not the means results in capture. "Trapping"	21718
includes every act of assistance to any other person in capturing	21719
wild birds or wild quadrupeds by means of the device whether or	21720
not the means results in capture.	21721

(AA) "Muskrat spear" means any device used in spearing	21722
muskrats.	21723

(BB) "Channels and passages" means those narrow bodies of	21724
water lying between islands or between an island and the mainland	21725
in Lake Erie.	21726

(CC) "Island" means a rock or land elevation above the waters	21727
of Lake Erie having an area of five or more acres above water.	21728

(DD) "Reef" means an elevation of rock, either broken or in	21729
place, or gravel shown by the latest United States chart to be	21730
above the common level of the surrounding bottom of the lake,	21731
other than the rock bottom, or in place forming the base or	21732
foundation rock of an island or mainland and sloping from the	21733
shore of it. "Reef" also means all elevations shown by that chart	21734
to be above the common level of the sloping base or foundation	21735
rock of an island or mainland, whether running from the shore of	21736
an island or parallel with the contour of the shore of an island	21737
or in any other way and whether formed by rock, broken or in	21738
place, or from gravel.	21739

(EE) "Fur farm" means any area used exclusively for raising	21740
fur-bearing animals or in addition thereto used for hunting game,	21741
the boundaries of which are plainly marked as such.	21742

(FF) "Waters" includes any lake, pond, reservoir, stream,	21743
channel, lagoon, or other body of water, or any part thereof,	21744
whether natural or artificial.	21745

(GG) "Crib" or "car" refers to that particular compartment of	21746
the net from which the fish are taken when the net is lifted.	21747

(HH) "Commercial fish" means those species of fish permitted	21748
to be taken, possessed, bought, or sold unless otherwise	21749
restricted by the Revised Code or division rule and are alewife	21750
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	21751
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	21752
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	21753
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	21754
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	21755
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	21756
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	21757
freshwater drum or sheepshead (Aplodinotus grunniens), gar	21758
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	21759
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	21760
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	21761
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	21762
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	21763
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	21764
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	21765
chrysops), white perch (Roccus americanus), and yellow perch	21766
(Perca flavescens). When the common name of a fish is used in this	21767
chapter or Chapter 1533. of the Revised Code, it refers to the	21768
fish designated by the scientific name in this definition.	21769

(II) "Fishing" means taking or attempting to take fish by any	21770
method, and all other acts such as placing, setting, drawing, or	21771
using any device commonly used to take fish whether resulting in a	21772
taking or not.	21773

(JJ) "Fillet" means the pieces of flesh taken or cut from	21774
both sides of a fish, joined to form one piece of flesh.	21775

(KK) "Part fillet" means a piece of flesh taken or cut from	21776
one side of a fish.	21777

(LL) "Round" when used in describing fish means with head and	21778
tail intact.	21779

(MM) "Migrate" means the transit or movement of fish to or	21780
from one place to another as a result of natural forces or	21781
instinct and includes, but is not limited to, movement of fish	21782
induced or caused by changes in the water flow.	21783

(NN) "Spreader bar" means a brail or rigid bar placed across	21784
the entire width of the back, at the top and bottom of the cars in	21785
all trap, crib, and fyke nets for the purpose of keeping the	21786
meshes hanging squarely while the nets are fishing.	21787

(OO) "Fishing guide" means any person who, for consideration	21788
or hire, operates a boat, rents, leases, or otherwise furnishes	21789
angling devices, ice fishing shanties or shelters of any kind, or	21790
other fishing equipment, and accompanies, guides, directs, or	21791
assists any other person in order for the other person to engage	21792
in fishing.	21793

(PP) "Net" means fishing devices with meshes composed of	21794
twine or synthetic material and includes, but is not limited to,	21795
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	21796
seines, except minnow seines and minnow dip nets.	21797

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	21798
nets, dip nets, carp aprons, trotlines, other similar gear, and	21799
any boat used in conjunction with that gear, but does not include	21800
gill nets.	21801

(RR) "Native wildlife" means any species of the animal	21802
kingdom indigenous to this state.	21803

(SS) "Gill net" means a single section of fabric or netting	21804
seamed to a float line at the top and a lead line at the bottom,	21805
which is designed to entangle fish in the net openings as they	21806
swim into it.	21807

(TT) "Tag fishing tournament" means a contest in which a	21808
participant pays a fee, or gives other valuable consideration, for	21809
a chance to win a prize by virtue of catching a tagged or	21810
otherwise specifically marked fish within a limited period of	21811
time.	21812

(UU) "Tenant" means an individual who resides on land for	21813
which the individual pays rent and whose annual income is	21814
primarily derived from agricultural production conducted on that	21815
land, as "agricultural production" is defined in section 929.01 of	21816
the Revised Code.	21817

(VV) "Nonnative wildlife" means any wild animal not	21818
indigenous to this state, but does not include domestic deer.	21819

(WW) "Reptiles" includes common musk turtle (sternotherus	21820
odoratus), common snapping turtle (Chelydra serpentina	21821
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	21822
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	21823
blandingii), common map turtle (Graptemys geographica), ouachita	21824
map turtle (Graptemys pseudogeographica ouachitensis), midland	21825
painted turtle (Chrysemys picta marginata), red-eared slider	21826
(Trachemys scripta elegans), eastern spiny softshell turtle	21827
(Apalone spinifera spinifera), midland smooth softshell turtle	21828
(Apalone mutica mutica), northern fence lizard (Sceloporus	21829
undulatus hyacinthinus), ground skink (Scincella lateralis),	21830
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	21831
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	21832
European wall lizard (Podarcis muralis), queen snake (Regina	21833
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	21834
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	21835
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	21836
erythrogaster neglecta), northern brown snake (Storeria dekayi	21837
dekayi), midland brown snake (Storeria dekayi wrightorum),	21838
northern redbelly snake (Storeria occipitomaculata	21839
occipitomaculata), eastern garter snake (Thamnophis sirtalis	21840
sirtalis), eastern plains garter snake (Thamnophis radix radix),	21841
Butler's garter snake (Thamnophis butleri), shorthead garter snake	21842
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	21843
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	21844
septentrionalis), eastern hognose snake (Heterodon platirhinos),	21845
eastern smooth earth snake (Virginia valeriae valeriae), northern	21846
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	21847
(Carphophis amoenus helenae), eastern worm snake (Carphophis	21848
amoenus amoenus), black racer (Coluber constrictor constrictor),	21849
blue racer (Coluber constrictor foxii), rough green snake	21850
(opheodrys aestivus), smooth green snake (opheodrys vernalis	21851
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	21852
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	21853
getula nigra), eastern milk snake (Lampropeltis triangulum	21854
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	21855
eastern massasauga (Sistrurus catenatus catenatus), and timber	21856
rattlesnake (Crotalus horridus horridus).	21857

(XX) "Amphibians" includes eastern hellbender (Crytpobranchus	21858
alleganiensis alleganiensis), mudpuppy (Necturus maculosus	21859
maculosus), red-spotted newt (Notophthalmus viridescens	21860
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	21861
spotted salamander (Ambystoma maculatum), blue-spotted salamander	21862
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	21863
streamside salamander (Ambystoma barbouri), marbled salamander	21864
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	21865
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	21866
mountain dusky salamander (Desmognathus ochrophaeus), redback	21867
salamander (Plethodon cinereus), ravine salamander (Plethodon	21868
richmondi), northern slimy salamander (Plethodon glutinosus),	21869
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	21870
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	21871
porphyriticus duryi), northern spring salamander (Gyrinophilus	21872
porphyriticus porphyriticus), mud salamander (Pseudotriton	21873
montanus), northern red salamander (Pseudotriton ruber ruber),	21874
green salamander (Aneides aeneus), northern two-lined salamander	21875
(Eurycea bislineata), longtail salamander (Eurycea longicauda	21876
longicauda), cave salamander (Eurycea lucifuga), southern	21877
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	21878
woodhousii fowleri), American toad (Bufo americanus), eastern	21879
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	21880
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	21881
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	21882
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	21883
triseriata), mountain chorus frog (Pseudacris brachyphona),	21884
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	21885
northern leopard frog (Rana pipiens), pickerel frog (Rana	21886
palustris), southern leopard frog (Rana utricularia), and wood	21887
frog (Rana sylvatica).	21888

(YY) "Deer" means white-tailed deer (Oddocoileus	21889
virginianus).	21890

(ZZ) "Domestic deer" means nonnative deer that have been	21891
legally acquired or their offspring and that are held in private	21892
ownership for primarily agricultural purposes.	21893

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	21894
doves (Columbidae); cranes (Gruidae); cormorants	21895
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and	21896
woodcock and snipe (Scolopacidae).	21897

(BBB) "Accompany" means to go along with another person while	21898
staying within a distance from the person that enables	21899
uninterrupted, unaided visual and auditory communication.	21900

(CCC) "Electric-powered all-purpose vehicle" means any	21901
battery-powered self-propelled electric vehicle that is designed	21902
primarily for cross-country travel on land, water, or land and	21903
water and that is steered by wheels, caterpillar treads, or a	21904
combination of wheels and caterpillar treads and includes vehicles	21905
that operate on a cushion of air, vehicles commonly known as	21906
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	21907
bikes. "Electric-powered all-purpose vehicle" does not include a	21908
utility vehicle as defined in section 4501.01 of the Revised Code,	21909
any vehicle that is principally used in playing golf, any motor	21910
vehicle or aircraft that is required to be registered under	21911
Chapter 4503. or 4561. of the Revised Code, or any vehicle that is	21912
excluded from the definition of "motor vehicle" as provided in	21913
division (B) of section 4501.01 of the Revised Code.	21914

(DDD) "Children" means biological or adopted sons or	21915
daughters and adopted stepsons or stepdaughters.	21916

(EEE) "Grandchildren" means the children of one's child who	21917
are younger than eighteen years of age.	21918

Sec. 1533.10. Except as provided in this section or division	21919
(A)(2) of section 1533.12 of the Revised Code, no person shall	21920
hunt any wild bird or wild quadruped without a hunting license.	21921
Each day that any person hunts within the state without procuring	21922
such a license constitutes a separate offense. Except as otherwise	21923
provided in this section, every applicant for a hunting license	21924
who is a resident of the state and eighteen years of age or more	21925
shall procure a resident hunting license or an apprentice resident	21926
hunting license, the fee for which shall be eighteen dollars	21927
unless the rules adopted under division (B) of section 1533.12 of	21928
the Revised Code provide for issuance of a resident hunting	21929
license to the applicant free of charge. Except as provided in	21930
rules adopted under division (B)(2) of that section, each	21931
applicant who is a resident of this state and who at the time of	21932
application is sixty-six years of age or older shall procure a	21933
special senior hunting license, the fee for which shall be	21934
one-half of the regular hunting license fee. Every applicant who	21935
is under the age of eighteen years shall procure a special youth	21936
hunting license or an apprentice youth hunting license, the fee	21937
for which shall be one-half of the regular hunting license fee.	21938
~~The owner of~~A resident of this state who owns lands in the state	21939
and the owner's children of any age and grandchildren under	21940
eighteen years of age may hunt on the lands without a hunting	21941
license, but shall obtain a deer or wild turkey permit as required	21942
in section 1533.11 of the Revised Code. The tenant and children of	21943
the tenant, residing on lands in the state, may hunt on them	21944
without a hunting license, but shall obtain a deer or wild turkey	21945
permit as required in section 1533.11 of the Revised Code. Except	21946
as otherwise provided in division (A)(1) of section 1533.12 of the	21947
Revised Code, every applicant for a hunting license who is a	21948
nonresident of the state and who is eighteen years of age or older	21949
shall procure a nonresident hunting license or an apprentice	21950
nonresident hunting license, the fee for which shall be one	21951
hundred twenty-four dollars unless the applicant is a resident of	21952
a state that is a party to an agreement under section 1533.91 of	21953
the Revised Code, in which case the fee shall be eighteen dollars.	21954
Apprentice resident hunting licenses, apprentice youth hunting	21955
licenses, and apprentice nonresident hunting licenses are subject	21956
to the requirements established under section 1533.102 of the	21957
Revised Code and rules adopted pursuant to it.	21958

The chief of the division of wildlife may issue a small game	21959
hunting license expiring three days from the effective date of the	21960
license to a nonresident of the state, the fee for which shall be	21961
thirty-nine dollars. No person shall take or possess deer, wild	21962
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	21963
animal while possessing only a small game hunting license. A	21964
small game hunting license or an apprentice nonresident hunting	21965
license does not authorize the taking or possessing of ducks,	21966
geese, or brant without having obtained, in addition to the small	21967
game hunting license or the apprentice nonresident hunting	21968
license, a wetlands habitat stamp as provided in section 1533.112	21969
of the Revised Code. A small game hunting license or an	21970
apprentice nonresident hunting license does not authorize the	21971
taking or possessing of deer, wild turkeys, or fur-bearing	21972
animals. A nonresident of the state who wishes to take or possess	21973
deer, wild turkeys, or fur-bearing animals in this state shall	21974
procure, respectively, a deer or wild turkey permit as provided in	21975
section 1533.11 of the Revised Code or a fur taker permit as	21976
provided in section 1533.111 of the Revised Code in addition to a	21977
nonresident hunting license, an apprentice nonresident hunting	21978
license, a special youth hunting license, or an apprentice youth	21979
hunting license, as applicable, as provided in this section.	21980

No person shall procure or attempt to procure a hunting	21981
license by fraud, deceit, misrepresentation, or any false	21982
statement.	21983

This section does not authorize the taking and possessing of	21984
deer or wild turkeys without first having obtained, in addition to	21985
the hunting license required by this section, a deer or wild	21986
turkey permit as provided in section 1533.11 of the Revised Code	21987
or the taking and possessing of ducks, geese, or brant without	21988
first having obtained, in addition to the hunting license required	21989
by this section, a wetlands habitat stamp as provided in section	21990
1533.112 of the Revised Code.	21991

This section does not authorize the hunting or trapping of	21992
fur-bearing animals without first having obtained, in addition to	21993
a hunting license required by this section, a fur taker permit as	21994
provided in section 1533.111 of the Revised Code.	21995

No hunting license shall be issued unless it is accompanied	21996
by a written explanation of the law in section 1533.17 of the	21997
Revised Code and the penalty for its violation, including a	21998
description of terms of imprisonment and fines that may be	21999
imposed.	22000

No hunting license, other than an apprentice hunting license,	22001
shall be issued unless the applicant presents to the agent	22002
authorized to issue the license a previously held hunting license	22003
or evidence of having held such a license in content and manner	22004
approved by the chief, a certificate of completion issued upon	22005
completion of a hunter education and conservation course approved	22006
by the chief, or evidence of equivalent training in content and	22007
manner approved by the chief. A previously held apprentice hunting	22008
license does not satisfy the requirement concerning the	22009
presentation of a previously held hunting license or evidence of	22010
it.	22011

No person shall issue a hunting license, except an apprentice	22012
hunting license, to any person who fails to present the evidence	22013
required by this section. No person shall purchase or obtain a	22014
hunting license, other than an apprentice hunting license, without	22015
presenting to the issuing agent the evidence required by this	22016
section. Issuance of a hunting license in violation of the	22017
requirements of this section is an offense by both the purchaser	22018
of the illegally obtained hunting license and the clerk or agent	22019
who issued the hunting license. Any hunting license issued in	22020
violation of this section is void.	22021

The chief, with approval of the wildlife council, shall adopt	22022
rules prescribing a hunter education and conservation course for	22023
first-time hunting license buyers, other than buyers of apprentice	22024
hunting licenses, and for volunteer instructors. The course shall	22025
consist of subjects including, but not limited to, hunter safety	22026
and health, use of hunting implements, hunting tradition and	22027
ethics, the hunter and conservation, the law in section 1533.17 of	22028
the Revised Code along with the penalty for its violation,	22029
including a description of terms of imprisonment and fines that	22030
may be imposed, and other law relating to hunting. Authorized	22031
personnel of the division or volunteer instructors approved by the	22032
chief shall conduct such courses with such frequency and at such	22033
locations throughout the state as to reasonably meet the needs of	22034
license applicants. The chief shall issue a certificate of	22035
completion to each person who successfully completes the course	22036
and passes an examination prescribed by the chief.	22037

Sec. 1533.11. (A) ~~Except as provided in this section, no~~(1)	22038
No person shall hunt deer ~~on lands of another~~ without first	22039
obtaining an annual deer permit. ~~Except as provided in this~~	22040
~~section, no~~No person shall hunt wild turkeys ~~on lands of another~~	22041
without first obtaining an annual wild turkey permit. ~~Each~~	22042

(2) Except as otherwise provided in this division, each	22043
applicant for a deer or wild turkey permit shall pay an annual	22044
fee of twenty-three dollars for each permit unless the rules	22045
adopted under division (B) of section 1533.12 of the Revised Code	22046
provide for issuance of a deer or wild turkey permit to the	22047
applicant free of charge. A resident of this state who owns lands	22048
in this state and the owner's children and grandchildren shall	22049
procure a landowner deer or landowner wild turkey permit free of	22050
charge in order to hunt deer or wild turkeys on those lands. A	22051
tenant and children of the tenant residing on lands in this state	22052
shall procure a landowner deer or landowner wild turkey permit	22053
free of charge in order to hunt deer or wild turkeys on those	22054
lands. Except as provided in rules adopted under division (B)(2)	22055
of ~~that~~ section 1533.12 of the Revised Code, each applicant who	22056
is a resident of this state and who at the time of application is	22057
sixty-six years of age or older shall procure a senior deer or	22058
wild turkey permit in order to hunt on lands of another, the fee	22059
for which shall be one-half of the regular deer or wild turkey	22060
permit fee. Each applicant who is under the age of eighteen years	22061
shall procure a youth deer or wild turkey permit in order to hunt	22062
on lands of another, the fee for which shall be one-half of the	22063
regular deer or wild turkey permit fee. ~~Except~~	22064

(3) Except as provided in division (A)(2) of section 1533.12	22065
of the Revised Code, a deer or wild turkey permit shall run	22066
concurrently with the hunting license. ~~The~~	22067

(4) The money received shall be paid into the state treasury	22068
to the credit of the wildlife fund, created in section 1531.17 of	22069
the Revised Code, exclusively for the use of the division of	22070
wildlife in the acquisition and development of land for deer or	22071
wild turkey management, for investigating deer or wild turkey	22072
problems, and for the stocking, management, and protection of deer	22073
or wild turkey. ~~Every~~	22074

(5) Every person, while hunting deer or wild turkey ~~on lands~~	22075
~~of another~~, shall carry the person's deer or wild turkey permit	22076
and exhibit it to any enforcement officer so requesting. Failure	22077
to so carry and exhibit such a permit constitutes an offense under	22078
this section. The chief of the division of wildlife shall adopt	22079
any additional rules the chief considers necessary to carry out	22080
this section and section 1533.10 of the Revised Code.	22081

~~The owner and the children of the owner of lands in this~~	22082
~~state may hunt deer or wild turkey thereon without a deer or wild~~	22083
~~turkey permit. The tenant and children of the tenant may hunt deer~~	22084
~~or wild turkey on lands where they reside without a deer or wild~~	22085
~~turkey permit.~~	22086

(B) A deer or wild turkey permit is not transferable. No	22087
person shall carry a deer or wild turkey permit issued in the name	22088
of another person.	22089

(C) The wildlife refunds fund is hereby created in the state	22090
treasury. The fund shall consist of money received from	22091
application fees for deer permits that are not issued. Money in	22092
the fund shall be used to make refunds of such application fees.	22093

Sec. 1541.03. All lands and waters dedicated and set apart	22094
for state park purposes shall be under the control and management	22095
of the division of parks and recreation, which shall protect,	22096
maintain, and keep them in repair. The division shall have the	22097
following powers over all such lands and waters:	22098

(A) To make alterations and improvements;

22099

(B) To construct and maintain dikes, wharves, landings,	22100
docks, dams, and other works;	22101

(C) To construct and maintain roads and drives in, around,	22102
upon, and to the lands and waters to make them conveniently	22103
accessible and useful to the public;	22104

(D) Except as otherwise provided in this section, to adopt,	22105
amend, and rescind, in accordance with Chapter 119. of the Revised	22106
Code, rules necessary for the proper management of state parks,	22107
bodies of water, and the lands adjacent to them under its	22108
jurisdiction and control, including the following:	22109

(1) Governing opening and closing times and dates of the	22110
parks;	22111

(2) Establishing fees and charges for use of facilities in	22112
state parks;	22113

(3) Governing camps, camping, and fees for camps and camping;

22114

(4) Governing the application for and rental of, rental fees	22115
for, and the use of cottages;	22116

(5) Relating to public use of state park lands, and governing	22117
the operation of motor vehicles, including speeds, and parking on	22118
those lands;	22119

(6) Governing all advertising within state parks and the	22120
requirements for the operation of places selling tangible personal	22121
property and control of food service sales on lands and waters	22122
under the control of the division, which rules shall establish	22123
uniform requirements;	22124

(7) Providing uniform standards relating to the size, type,	22125
location, construction, and maintenance of structures and devices	22126
used for fishing or moorage of watercraft, rowboats, sailboats,	22127
and powercraft, as those terms are defined in section 1547.01 of	22128
the Revised Code, over waters under the control of the division	22129
and establishing reasonable fees for the construction of and	22130
annual use permits for those structures and devices;	22131

(8) Governing state beaches, swimming, inflatable devices,	22132
and fees for them;	22133

(9) Governing the removal and disposition of any watercraft,	22134
rowboat, sailboat, or powercraft, as those terms are defined in	22135
section 1547.01 of the Revised Code, left unattended for more than	22136
seven days on any lands or waters under the control of the	22137
division;	22138

(10) Governing the establishment and collection of check	22139
collection charges for checks that are returned to the division or	22140
dishonored for any reason.	22141

(E) To coordinate and plan trails in accordance with section	22142
1519.03 of the Revised Code;	22143

(F) To cooperate with the United States and agencies of it	22144
and with political subdivisions in administering federal	22145
recreation moneys under the "Land and Water Conservation Fund Act	22146
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	22147
distribute the statewide comprehensive outdoor recreation plan;	22148
and administer the state recreational vehicle fund created in	22149
section 4519.11 of the Revised Code;	22150

(G) To administer any state or federally funded grant program	22151
that is related to natural resources and recreation as considered	22152
necessary by the director of natural resources;	22153

(H) To assist the department of natural resources and its	22154
divisions by providing department-wide planning, capital	22155
improvements planning, and special purpose planning.	22156

With the approval of the director, the chief of the division	22157
of parks and recreation may enter into contracts or agreements	22158
with any agency of the United States government, any other public	22159
agency, or any private entity or organization for the performance	22160
of the duties of the division.	22161

The division shall adopt rules under this section	22162
establishing a discount program for all persons who are issued a	22163
golden buckeye card under section 173.06 of the Revised Code. The	22164
discount program shall provide a discount for all park services	22165
and rentals, but shall not provide a discount for the purchase of	22166
merchandise.	22167

The division shall not adopt rules establishing fees or	22168
charges for parking a motor vehicle in a state park or for	22169
admission to a state park.	22170

Every resident of this state with a disability that has been	22171
determined by the veterans administration to be permanently and	22172
totally disabling, who receives a pension or compensation from the	22173
veterans administration, and who received an honorable discharge	22174
from the armed forces of the United States, and every veteran to	22175
whom the registrar of motor vehicles has issued a set of license	22176
plates under section 4503.41 of the Revised Code, shall be exempt	22177
from the fees for camping, provided that the resident or veteran	22178
carries in the state park such evidence of the resident's or	22179
veteran's disability as the chief ~~of the division of parks and~~	22180
~~recreation~~ prescribes by rule.	22181

Unless otherwise provided by division rule, every resident of	22182
this state who is sixty-five years of age or older or who is	22183
permanently and totally disabled and who furnishes evidence of	22184
that age or disability in a manner prescribed by division rule	22185
shall be charged one-half of the regular fee for camping, except	22186
on the weekends and holidays designated by the division, and shall	22187
not be charged more than ninety per cent of the regular charges	22188
for state recreational facilities, equipment, services, and food	22189
service operations utilized by the person at any time of year,	22190
whether maintained or operated by the state or leased for	22191
operation by another entity.	22192

As used in this section, "food service operations" means	22193
restaurants that are owned by the department of natural resources	22194
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	22195
parks or are part of a state park lodge. "Food service	22196
operations" does not include automatic vending machines,	22197
concession stands, or snack bars.	22198

As used in this section, "prisoner of war" means any	22199
regularly appointed, enrolled, enlisted, or inducted member of the	22200
military forces of the United States who was captured, separated,	22201
and incarcerated by an enemy of the United States. Any person who	22202
has been a prisoner of war, was honorably discharged from the	22203
military forces, and is a resident of this state is exempt from	22204
the fees for camping. To claim this exemption, the person shall	22205
present written evidence in the form of a record of separation, a	22206
letter from one of the military forces of the United States, or	22207
such other evidence as the chief prescribes by rule that satisfies	22208
the eligibility criteria established by this section.	22209

Sec. 1547.01. (A) As used in sections 1541.03, 1547.26,	22210
1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 1547.543,	22211
1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the Revised	22212
Code, "watercraft" means any of the following when used or capable	22213
of being used for transportation on the water:	22214

(1) A vessel operated by machinery either permanently or	22215
temporarily affixed;	22216

(2) A sailboat other than a sailboard;

22217

(3) An inflatable, manually propelled boat that is required	22218
by federal law to have a hull identification number meeting the	22219
requirements of the United States coast guard;	22220

(4) A canoe or rowboat.

22221

"Watercraft" does not include ferries as referred to in	22222
Chapter 4583. of the Revised Code.	22223

Watercraft subject to section 1547.54 of the Revised Code	22224
shall be divided into five classes as follows:	22225

Class A: Less than sixteen feet in length;

22226

Class 1: At least sixteen feet, but less than twenty-six feet	22227
in length;	22228

Class 2: At least twenty-six feet, but less than forty feet	22229
in length;	22230

Class 3: At least forty feet, but less than sixty-five feet	22231
in length;	22232

Class 4: At least sixty-five feet in length.

22233

(B) As used in this chapter:

22234

(1) "Vessel" includes every description of craft, including	22235
nondisplacement craft and seaplanes, designed to be used as a	22236
means of transportation on water.	22237

(2) "Rowboat" means any vessel, except a canoe, that is	22238
designed to be rowed and that is propelled by human muscular	22239
effort by oars or paddles and upon which no mechanical propulsion	22240
device, electric motor, internal combustion engine, or sail has	22241
been affixed or is used for the operation of the vessel.	22242

(3) "Sailboat" means any vessel, equipped with mast and	22243
sails, dependent upon the wind to propel it in the normal course	22244
of operation.	22245

(a) Any sailboat equipped with an inboard engine is deemed a	22246
powercraft with auxiliary sail.	22247

(b) Any sailboat equipped with a detachable motor is deemed a	22248
sailboat with auxiliary power.	22249

(c) Any sailboat being propelled by mechanical power, whether	22250
under sail or not, is deemed a powercraft and subject to all laws	22251
and rules governing powercraft operation.	22252

(4) "Powercraft" means any vessel propelled by machinery,	22253
fuel, rockets, or similar device.	22254

(5) "Person" includes any legal entity defined as a person in	22255
section 1.59 of the Revised Code and any body politic, except the	22256
United States and this state, and includes any agent, trustee,	22257
executor, receiver, assignee, or other representative thereof.	22258

(6) "Owner" includes any person who claims lawful possession	22259
of a vessel by virtue of legal title or equitable interest therein	22260
that entitled the person to that possession.	22261

(7) "Operator" includes any person who navigates or has under	22262
the person's control a vessel, or vessel and detachable motor, on	22263
the waters in this state.	22264

(8) "Visible" means visible on a dark night with clear	22265
atmosphere.	22266

(9) "Waters in this state" means all streams, rivers, lakes,	22267
ponds, marshes, watercourses, waterways, and other bodies of	22268
water, natural or humanmade, that are situated wholly or partially	22269
within this state or within its jurisdiction and are used for	22270
recreational boating.	22271

(10) "Navigable waters" means waters that come under the	22272
jurisdiction of the department of the army of the United States	22273
and any waterways within or adjacent to this state, except inland	22274
lakes having neither a navigable inlet nor outlet.	22275

(11) "In operation" in reference to a vessel means that the	22276
vessel is being navigated or otherwise used on the waters in this	22277
state.	22278

(12) "Sewage" means human body wastes and the wastes from	22279
toilets and other receptacles intended to receive or retain body	22280
waste.	22281

(13) "Canoe" means a narrow vessel of shallow draft, pointed	22282
at both ends and propelled by human muscular effort, and includes	22283
kayaks, racing shells, and rowing sculls.	22284

(14) "Coast guard approved" means bearing an approval number	22285
assigned by the United States coast guard.	22286

(15) "Type one personal flotation device" means a device that	22287
is designed to turn an unconscious person floating in water from a	22288
face downward position to a vertical or slightly face upward	22289
position and that has at least nine kilograms, approximately	22290
twenty pounds, of buoyancy.	22291

(16) "Type two personal flotation device" means a device that	22292
is designed to turn an unconscious person in the water from a face	22293
downward position to a vertical or slightly face upward position	22294
and that has at least seven kilograms, approximately fifteen and	22295
four-tenths pounds, of buoyancy.	22296

(17) "Type three personal flotation device" means a device	22297
that is designed to keep a conscious person in a vertical or	22298
slightly face upward position and that has at least seven	22299
kilograms, approximately fifteen and four-tenths pounds, of	22300
buoyancy.	22301

(18) "Type four personal flotation device" means a device	22302
that is designed to be thrown to a person in the water and not	22303
worn and that has at least seven and five-tenths kilograms,	22304
approximately sixteen and five-tenths pounds, of buoyancy.	22305

(19) "Type five personal flotation device" means a device	22306
that, unlike other personal flotation devices, has limitations on	22307
its approval by the United States coast guard, including, without	22308
limitation, all of the following:	22309

(a) The approval label on the type five personal flotation	22310
device indicates that the device is approved for the activity in	22311
which the vessel is being used or as a substitute for a personal	22312
flotation device of the type required on the vessel in use.	22313

(b) The personal flotation device is used in accordance with	22314
any requirements on the approval label.	22315

(c) The personal flotation device is used in accordance with	22316
requirements in its owner's manual if the approval label refers to	22317
such a manual.	22318

(20) "Inflatable watercraft" means any vessel constructed of	22319
rubber, canvas, or other material that is designed to be inflated	22320
with any gaseous substance, constructed with two or more air	22321
cells, and operated as a vessel. Inflatable watercraft propelled	22322
by a motor shall be classified as powercraft and shall be	22323
registered by length. Inflatable watercraft propelled by a sail	22324
shall be classified as a sailboat and shall be registered by	22325
length.	22326

(21) "Idle speed" means the slowest possible speed needed to	22327
maintain steerage or maneuverability.	22328

(22) "Diver's flag" means a red flag not less than one foot	22329
square having a diagonal white stripe extending from the masthead	22330
to the opposite lower corner that when displayed indicates that	22331
divers are in the water.	22332

(23) "Muffler" means an acoustical suppression device or	22333
system that is designed and installed to abate the sound of	22334
exhaust gases emitted from an internal combustion engine and that	22335
prevents excessive or unusual noise.	22336

(24) "Law enforcement vessel" means any vessel used in law	22337
enforcement and under the command of a law enforcement officer.	22338

(25) "Personal watercraft" means a vessel, less than sixteen	22339
feet in length, that is propelled by machinery and designed to be	22340
operated by an individual sitting, standing, or kneeling on the	22341
vessel rather than by an individual sitting or standing inside the	22342
vessel.	22343

(26) "No wake" has the same meaning as "idle speed."

22344

(27) "Watercraft dealer" means any person who is regularly	22345
engaged in the business of manufacturing, selling, displaying,	22346
offering for sale, or dealing in vessels at an established place	22347
of business. "Watercraft dealer" does not include a person who is	22348
a marine salvage dealer or any other person who dismantles,	22349
salvages, or rebuilds vessels using used parts.	22350

(28) "Electronic" includes electrical, digital, magnetic,	22351
optical, electromagnetic, or any other form of technology that	22352
entails capabilities similar to these technologies.	22353

(29) "Electronic record" means a record generated,	22354
communicated, received, or stored by electronic means for use in	22355
an information system or for transmission from one information	22356
system to another.	22357

(30) "Electronic signature" means a signature in electronic	22358
form attached to or logically associated with an electronic	22359
record.	22360

(31) "Drug of abuse" has the same meaning as in section	22361
4506.01 of the Revised Code.	22362

~~(C) Unless otherwise provided, this chapter applies to all~~	22363
~~vessels operating on the waters in this state. Nothing in this~~	22364
~~chapter shall be construed in contravention of any valid federal~~	22365
~~act or regulation, but is in addition to the act or regulation~~	22366
~~where not inconsistent.~~	22367

~~The state reserves to itself the exclusive right to regulate~~	22368
~~the minimum equipment requirements of watercraft and vessels~~	22369
~~operated on the waters in this state.~~	22370

(32) "Watercourse" means a substantially natural channel with	22371
recognized banks and bottom in which a flow of water occurs, with	22372
an average of at least ten feet mean surface water width and at	22373
least five miles of length.	22374

(33) "Impoundment" means the reservoir created by a dam or	22375
other artificial barrier across a watercourse that causes water to	22376
be stored deeper than and generally beyond the banks of the	22377
natural channel of the watercourse during periods of normal flow,	22378
but does not include water stored behind rock piles, rock riffle	22379
dams, and low channel dams where the depth of water is less than	22380
ten feet above the channel bottom and is essentially confined	22381
within the banks of the natural channel during periods of normal	22382
stream flow.	22383

(34) "Wild river area" means an area declared a wild river	22384
area by the director of natural resources under this chapter and	22385
includes those rivers or sections of rivers that are free of	22386
impoundments and generally inaccessible except by trail, with	22387
watersheds or shorelines essentially primitive and waters	22388
unpolluted, representing vestiges of primitive America.	22389

(35) "Scenic river area" means an area declared a scenic	22390
river area by the director under this chapter and includes those	22391
rivers or sections of rivers that are free of impoundments, with	22392
shorelines or watersheds still largely primitive and shorelines	22393
largely undeveloped, but accessible in places by roads.	22394

(36) "Recreational river area" means an area declared a	22395
recreational river area by the director under this chapter and	22396
includes those rivers or sections of rivers that are readily	22397
accessible by road or railroad, that may have some development	22398
along their shorelines, and that may have undergone some	22399
impoundment or diversion in the past.	22400

Sec. 1547.02. Unless otherwise provided, this chapter applies	22401
to all vessels operating on the waters in this state. Nothing in	22402
this chapter shall be construed in contravention of any valid	22403
federal act or regulation, but is in addition to the act or	22404
regulation where not inconsistent.	22405

The state reserves to itself the exclusive right to regulate	22406
the minimum equipment requirements of watercraft and vessels	22407
operated on the waters in this state.	22408

Sec. 1547.51. There is hereby created within the department	22409
of natural resources the division of watercraft. The division	22410
shall ~~administer~~do all of the following:	22411

(A) Administer and enforce all laws relative to the	22412
identification, numbering, registration, titling, use, and	22413
operation of vessels operated on the waters in this state ~~and,~~	22414
~~with the approval of the director of natural resources, educate~~;	22415

(B) Educate and inform the citizens of the state about, and	22416
promote, conservation, navigation, safety practices, and the	22417
benefits of recreational boating;	22418

(C) Provide wild, scenic, and recreational river area	22419
conservation education and provide for corridor protection,	22420
restoration, habitat enhancement, and clean-up projects in wild	22421
river areas, scenic river areas, and recreational river areas;	22422

(D) Provide for and assist in the development, maintenance,	22423
and operation of marine recreational facilities, docks, launching	22424
facilities, and harbors for the benefit of public navigation,	22425
recreation, or commerce if the chief of the division of watercraft	22426
determines that they are in the best interests of the state.	22427

Sec. 1547.52. (A) The division of watercraft shall be	22428
administered by the chief of the division of watercraft. The chief	22429
may adopt, amend, and rescind:	22430

(1) Rules considered necessary by the chief to supplement the	22431
identification, operation, titling, use, registration, and	22432
numbering of watercraft or vessels as provided in this chapter and	22433
Chapter 1548. of the Revised Code;	22434

(2) Rules governing the navigation of vessels on waters in	22435
this state, including, but not limited to, rules regarding	22436
steering and sailing, the conduct of vessels in sight of one	22437
another or in restricted visibility, lights and shapes of lights	22438
used on vessels, and sound and light signals. As the chief	22439
considers necessary, these navigational rules shall be consistent	22440
with and equivalent to the regulations and interpretive rulings	22441
governing inland waters adopted or issued under the "Inland	22442
Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151,	22443
1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.	22444

(3) Rules governing the use, visitation, protection, and	22445
administration of wild river areas, scenic river areas, and	22446
recreational river areas;	22447

(4) Rules establishing fees and charges for all of the	22448
following:	22449

(a) Boating skill development classes and other educational	22450
classes;	22451

(b) Law enforcement services provided at special events when	22452
the services are in addition to normal enforcement duties;	22453

(c) Inspections of vessels or motors conducted under this	22454
chapter or Chapter 1548. of the Revised Code;	22455

(d) The conducting of stream impact reviews of any planned or	22456
proposed construction, modification, renovation, or development	22457
project that may potentially impact a watercourse within a	22458
designated wild, scenic, or recreational river area.	22459

All rules adopted by the chief under division (A) of this	22460
section shall be adopted in accordance with Chapter 119. of the	22461
Revised Code and are subject to the prior approval of the director	22462
of natural resources.	22463

(B) The chief, with the approval of the director, may employ	22464
such clerical and technical help as the chief considers necessary.	22465

(C) The chief may designate license agents with the approval	22466
of the director.	22467

(D) The division is hereby designated as the agency to	22468
administer the Ohio boating safety program and allocated federal	22469
funds under, and the chief shall prepare and submit reports in	22470
such form as may be required by, the "Federal Boat Safety Act of	22471
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended.	22472

(E) The chief may sell any of the following:

22473

(1) Items related to or that promote boating safety,	22474
including, but not limited to, pins, badges, books, bulletins,	22475
maps, publications, calendars, and other educational articles;	22476

(2) Artifacts pertaining to boating;

22477

(3) Confiscated or forfeited items;

22478

(4) Surplus equipment.

22479

Sec. 1547.531. (A)(1) Except as provided in division (A)(2)	22480
or (B) of this section, no person shall operate or give permission	22481
for the operation of any watercraft on the waters in this state	22482
unless the watercraft is registered in the name of the current	22483
owner in accordance with section 1547.54 of the Revised Code, and	22484
the registration is valid and in effect.	22485

(2) On and after January 1, 1999, if a watercraft that is	22486
required to be issued a certificate of title under Chapter 1548.	22487
of the Revised Code is transferred to a new owner, it need not be	22488
registered under section 1547.54 of the Revised Code for	22489
forty-five days following the date of the transfer, provided that	22490
the new owner purchases a temporary watercraft registration under	22491
division (A) of this section or holds a bill of sale from a	22492
watercraft dealer.	22493

For the purposes of division (A)(2) of this section, a	22494
temporary watercraft registration or a bill of sale from a	22495
watercraft dealer shall contain at least all of the following	22496
information:	22497

(a) The hull identification number or serial number of the	22498
watercraft;	22499

(b) The make of the watercraft;

22500

22501

(d) The type of propulsion, if any;

22502

(e) The state in which the watercraft principally is	22503
operated;	22504

(f) The name of the owner;

22505

(g) The address of the owner, including the zip code;

22506

(h) The signature of the owner;

22507

(i) The date of purchase;

22508

(j) A notice to the owner that the temporary watercraft	22509
registration expires forty-five days after the date of purchase of	22510
the watercraft or that the watercraft cannot be operated on the	22511
waters in this state solely under the bill of sale beginning	22512
forty-five days after the date of purchase of the watercraft, as	22513
applicable.	22514

(3) A person may purchase a temporary watercraft registration	22515
from the chief of the division of watercraft or from an authorized	22516
agent designated under section 1547.54 of the Revised Code. The	22517
chief shall furnish forms for temporary watercraft registrations	22518
to authorized agents. In addition to completing the registration	22519
form with the information specified in divisions (A)(2)(a) to (i)	22520
of this section, the person shall pay one of the applicable fees	22521
required under divisions (A)(2)(a) to (g) of section 1547.54 of	22522
the Revised Code as provided in that section.	22523

Moneys received for the payment of temporary watercraft	22524
registrations shall be deposited to the credit of the waterways	22525
safety fund created in section 1547.75 of the Revised Code.	22526

(4) In addition to the applicable fee required under division	22527
(A)(3) of this section, the chief or an authorized agent shall	22528
charge an additional writing fee of three dollars for a temporary	22529
watercraft registration that the chief or the authorized agent	22530
issues. When the temporary watercraft registration is issued by	22531
an authorized agent, the agent may retain the additional writing	22532
fee. When the temporary watercraft registration is issued by the	22533
chief, the additional writing fee shall be deposited to the credit	22534
of the waterways safety fund.	22535

(5) A person who purchases a temporary watercraft	22536
registration for a watercraft and who subsequently applies for a	22537
registration certificate under section 1547.54 of the Revised Code	22538
need not pay the fee required under division (A)(2) of that	22539
section for the initial registration certificate issued for that	22540
watercraft, provided that at the time of application for the	22541
registration certificate, the person furnishes proof of payment	22542
for the temporary watercraft registration.	22543

(6) A person who purchases a temporary watercraft	22544
registration, who subsequently applies for a registration	22545
certificate under section 1547.54 of the Revised Code, and who is	22546
exempt from payment for the registration certificate under	22547
division ~~(O)~~(P) of that section may apply to the chief for a	22548
refund of the amount paid for the temporary watercraft	22549
registration at the time that the person applies for a	22550
registration certificate. The chief shall refund that amount upon	22551
issuance to the person of a registration certificate.	22552

(7) All records of the division of watercraft made or	22553
maintained for the purposes of divisions (A)(2) to (8) of this	22554
section are public records. The records shall be available for	22555
inspection at reasonable hours and in a manner that is compatible	22556
with normal operations of the division.	22557

(8) Pursuant to division (A)(1) of section 1547.52 of the	22558
Revised Code, the chief may adopt rules establishing all of the	22559
following:	22560

(a) Record-keeping requirements governing the issuance of	22561
temporary watercraft registrations and the use of bills of sale	22562
from watercraft dealers for the purposes of division (A)(2) of	22563
this section;	22564

(b) Procedures and requirements for the refund of fees under	22565
division (A)(6) of this section;	22566

(c) Any other procedures and requirements necessary for the	22567
administration and enforcement of divisions (A)(2) to (8) of this	22568
section.	22569

(B) All of the following watercraft are exempt from	22570
registration:	22571

(1) Those that are exempt from numbering by the state under	22572
divisions (B) to (G) of section 1547.53 of the Revised Code;	22573

(2) Those that have been issued a commercial documentation by	22574
the United States coast guard or its successor and are used	22575
exclusively for commercial purposes;	22576

(3) Those that have been documented by the United States	22577
coast guard or its successor as temporarily transitting, whose	22578
principal use is not on the waters in this state, and that have	22579
not been used within this state for more than sixty days.	22580

(C) No person shall operate a watercraft documented by the	22581
United States coast guard or its successor unless the certificate	22582
of documentation is valid, is on the watercraft for which it has	22583
been issued, and is available for inspection whenever the	22584
watercraft is in operation. In accordance with 46 C.F.R. part 67,	22585
as amended, the watercraft shall display the official number, the	22586
vessel name, and the home port listed on the certificate of	22587
documentation.	22588

(D)(1) For the purposes of this section and section 1547.53	22589
of the Revised Code, a watercraft is principally using the waters	22590
in this state if any of the following applies:	22591

(a) The owner resides in this state and declares that the	22592
watercraft principally is using the waters in this state.	22593

(b) The owner resides in another state, but declares that the	22594
watercraft principally is using the waters in this state.	22595

(c) The watercraft is registered in another state or	22596
documented by the United States coast guard and is used within	22597
this state for more than sixty days regardless of whether it has	22598
been assigned a seasonal or permanent mooring at any public or	22599
private docking facility in this state.	22600

(2) Notwithstanding division (D)(1)(c) of this section, a	22601
person on active duty in the armed forces of the United States may	22602
register a watercraft in the person's state of permanent residence	22603
in lieu of registering it in this state regardless of the number	22604
of days that the watercraft is used in this state.	22605

Sec. 1547.54. (A)(1) Except as otherwise provided in section	22606
1547.542 of the Revised Code, the owner of every watercraft	22607
requiring registration under this chapter shall file an	22608
application for a triennial registration certificate with the	22609
chief of the division of watercraft on forms that shall be	22610
provided by the chief or by an electronic means approved by the	22611
chief. The application shall be signed by the following:	22612

(a) If the watercraft is owned by two persons under joint	22613
ownership with right of survivorship established under section	22614
2131.12 of the Revised Code, by both of those persons as owners of	22615
the watercraft. The signatures may be done by electronic signature	22616
if the owners themselves are renewing the registration and there	22617
are no changes in the registration information since the issuance	22618
of the immediately preceding registration certificate. In all	22619
other instances, the signatures shall be done manually.	22620

(b) If the watercraft is owned by a minor, by the minor and a	22621
parent or legal guardian. The signatures may be done by electronic	22622
signature if the parent or legal guardian and the minor themselves	22623
are renewing the registration and there are no changes in the	22624
registration information since the issuance of the immediately	22625
preceding registration certificate. In all other instances, the	22626
signatures shall be done manually.	22627

(c) In all other cases, by the owner of the watercraft. The	22628
signature may be done by electronic signature if the owner is	22629
renewing the registration personally and there are no changes in	22630
the registration information since the issuance of the immediately	22631
preceding registration certificate. In all other instances, the	22632
signatures shall be done manually.	22633

(2) An application for a triennial registration of a	22634
watercraft filed under division (A)(1) of this section shall be	22635
accompanied by the following fee:	22636

(a) For canoes, rowboats, and inflatable watercraft that are	22637
numbered under section 1547.53 of the Revised Code, twelve	22638
dollars;	22639

(b) For canoes, row boats, and inflatable watercraft that are	22640
not numbered under section 1547.53 of the Revised Code, seventeen	22641
dollars;	22642

(c) For class A watercraft, including motorized canoes,	22643
thirty dollars;	22644

(d) For class 1 watercraft, forty-five dollars;

22645

(e) For class 2 watercraft, sixty dollars;

22646

(f) For class 3 watercraft, seventy-five dollars;

22647

(g) For class 4 watercraft, ninety dollars.

22648

(3) For the purpose of registration, any watercraft operated	22649
by means of power, sail, or any other mechanical or electrical	22650
means of propulsion, except motorized canoes, shall be registered	22651
by length as prescribed in this section.	22652

(4) If an application for registration is filed by two	22653
persons as owners under division (A)(1)(a) of this section, the	22654
person who is listed first on the title shall serve as and perform	22655
the duties of the "owner" and shall be considered the person "in	22656
whose name the watercraft is registered" for purposes of divisions	22657
(B) to ~~(Q)~~(R) of this section and for purposes of all other	22658
sections in this chapter.	22659

(B) All registration certificates issued under this section	22660
are valid for three years and are renewable on a triennial basis	22661
unless sooner terminated or discontinued in accordance with this	22662
chapter. The renewal date shall be printed on the registration	22663
certificate. A registration certificate may be renewed by the	22664
owner in the manner prescribed by the chief. All fees shall be	22665
charged according to a proration of the time remaining in the	22666
registration cycle to the nearest year.	22667

(C) In addition to the fees set forth in this section, the	22668
chief, or any authorized agent, shall charge an additional writing	22669
fee of three dollars for any registration certificate the chief or	22670
authorized agent issues. When the registration certificate is	22671
issued by an authorized agent, the additional writing fee of three	22672
dollars shall be retained by the issuing agent. When the	22673
registration certificate is issued by the chief, the additional	22674
writing fee of three dollars shall be deposited to the credit of	22675
the waterways safety fund established in section 1547.75 of the	22676
Revised Code.	22677

(D) In addition to the fees established in this section,	22678
watercraft that are not powercraft shall be charged a waterways	22679
conservation assessment fee of five dollars. The fee shall be	22680
collected at the time of the issuance of a triennial watercraft	22681
registration under division (A)(2) of this section and deposited	22682
in the state treasury and credited to a distinct account in the	22683
waterways safety fund created in section 1547.75 of the Revised	22684
Code.	22685

(E)(1) Upon receipt of the application in approved form, the	22686
chief shall enter the same upon the records of the office of the	22687
division of watercraft, assign a number to the watercraft if a	22688
number is required under section 1547.53 of the Revised Code, and	22689
issue to the applicant a registration certificate. If a number is	22690
assigned by the chief, it shall be set forth on the certificate.	22691
The registration certificate shall be on the watercraft for which	22692
it is issued and available at all times for inspection whenever	22693
the watercraft is in operation, except that livery operators may	22694
retain the registration certificate at the livery where it shall	22695
remain available for inspection at all times and except as	22696
otherwise provided in division ~~(D)~~(E)(2) of this section.	22697

(2) A person who is operating on the waters of this state a	22698
canoe, rowboat, or inflatable watercraft that has not been	22699
numbered under section 1547.53 of the Revised Code and who is	22700
stopped by a law enforcement officer in the enforcement of this	22701
chapter or rules adopted under it shall present to the officer,	22702
not later than seventy-two hours after being stopped, a	22703
registration certificate. The registration certificate shall have	22704
been obtained under this section for the canoe, rowboat, or	22705
inflatable watercraft prior to the time that it was stopped.	22706
Failure of the person to present the registration certificate	22707
within seventy-two hours constitutes prima-facie evidence of a	22708
violation of this section.	22709

~~(E)~~(F) No person shall issue or be issued a registration	22710
certificate for a watercraft that is required to be issued a	22711
certificate of title under Chapter 1548. of the Revised Code	22712
except upon presentation of a certificate of title for the	22713
watercraft as provided in that chapter, proof of current	22714
documentation by the United States coast guard, a renewal	22715
registration form provided by the division of watercraft, or a	22716
certificate of registration issued under this section that has	22717
expired if there is no change in the ownership or description of	22718
the watercraft.	22719

~~(F)~~(G) Whenever the ownership of a watercraft changes, a new	22720
application form together with the prescribed fee shall be filed	22721
with the chief or the chief's agent and a new registration	22722
certificate shall be issued. The application shall be signed	22723
manually by the person or persons specified in divisions (A)(1)(a)	22724
to (c) of this section and shall be accompanied by a two-dollar	22725
transfer fee. Any remaining time on the registration shall be	22726
transferred. An authorized agent of the chief shall charge an	22727
additional writing fee of three dollars, which shall be retained	22728
by the issuing agent. If the certificate is issued by the chief,	22729
an additional writing fee of three dollars for each certificate	22730
issued shall be collected and deposited to the credit of the	22731
waterways safety fund.	22732

~~(G)~~(H) If an agency of the United States has in force an	22733
overall system of identification numbering for watercraft or	22734
certain types of watercraft within the United States, the	22735
numbering system employed by the division shall be in conformity	22736
with that system.	22737

~~(H)~~(I)(1) The chief may assign any registration certificates	22738
to any authorized agent for the assignment of the registration	22739
certificates. If a person accepts that authorization, the person	22740
may be assigned a block of numbers and certificates that upon	22741
assignment, in conformity with this chapter and Chapter 1548. of	22742
the Revised Code and with rules of the division, shall be valid as	22743
if assigned directly by the division. Any person so designated as	22744
an agent by the chief shall post with the division security as may	22745
be required by the director of natural resources. The chief may	22746
issue an order temporarily or permanently restricting or	22747
suspending an agent's authorization without a hearing if the chief	22748
finds that the agent has violated this chapter or Chapter 1548. of	22749
the Revised Code, rules adopted under them, or any agreements	22750
prescribed by the chief.	22751

(2) A clerk of the court of common pleas may apply for	22752
designation as an authorized agent of the chief. The division	22753
shall accept the clerk's bond that is required under section	22754
2303.02 of the Revised Code for any security that is required for	22755
agents under this division, provided that the bond includes a	22756
rider or other provision specifically covering the clerk's duties	22757
as an authorized agent of the chief.	22758

~~(I)~~(J) All records of the division made or kept pursuant to	22759
this section shall be public records. Those records shall be	22760
available for inspection at reasonable hours and in a manner	22761
compatible with normal operations of the division.	22762

~~(J)~~(K) The owner shall furnish the division notice within	22763
fifteen days of the following:	22764

(1) The transfer, other than through the creation of a	22765
security interest in any watercraft, of all or any part of the	22766
owner's interest or, if the watercraft is owned by two persons	22767
under joint ownership with right of survivorship established under	22768
section 2131.12 of the Revised Code, of all or any part of the	22769
joint interest of either of the two persons. The transfer shall	22770
not terminate the registration certificate.	22771

(2) Any change in the address appearing on the certificate .	22772
As a part of the notification, the owner shall furnish the chief	22773
with the owner's new address.	22774

(3) The destruction or abandonment of the watercraft.

22775

~~(K)~~(L) The chief may issue duplicate registration	22776
certificates or duplicate tags to owners of currently registered	22777
watercraft, the fee for which shall be four dollars.	22778

~~(L)~~(M) If the chief finds that a registration certificate	22779
previously issued to an owner is in error to a degree that would	22780
impair its basic purpose and use, the chief may issue a corrected	22781
certificate to the owner without charge.	22782

~~(M)~~(N) No authorized agent shall issue and no person shall	22783
receive or accept from an authorized agent a registration	22784
certificate assigned to the authorized agent under division ~~(H)~~(I)	22785
of this section unless the exact month, day, and year of issue are	22786
plainly written on the certificate by the agent. Certificates	22787
issued with incorrect dates of issue are void from the time they	22788
are issued.	22789

~~(N)~~(O) The chief, in accordance with Chapter 119. of the	22790
Revised Code, shall adopt rules governing the renewal of	22791
watercraft registrations by electronic means.	22792

~~(O)~~(P) As used in this section:

22793

(1) "Disabled veteran" means a person who is included in	22794
either of the following categories:	22795

(a) Because of a service-connected disability, has been or is	22796
awarded funds for the purchase of a motor vehicle under the	22797
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	22798
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	22799

(b) Has a service-connected disability rated at one hundred	22800
per cent by the veterans administration.	22801

(2) "Prisoner of war" means any regularly appointed,	22802
enrolled, enlisted, or inducted member of the military forces of	22803
the United States who was captured, separated, and incarcerated by	22804
an enemy of the United States at any time, and any regularly	22805
appointed, enrolled, or enlisted member of the military forces of	22806
Great Britain, France, Australia, Belgium, Brazil, Canada, China,	22807
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,	22808
South Africa, or the republics formerly associated with the Union	22809
of Soviet Socialist Republics or Yugoslavia who was a citizen of	22810
the United States at the time of the appointment, enrollment, or	22811
enlistment, and was captured, separated, and incarcerated by an	22812
enemy of this country during World War II.	22813

~~(P)~~(Q) Any disabled veteran, congressional medal of honor	22814
awardee, or prisoner of war may apply to the chief for a	22815
certificate of registration, or for a renewal of the certificate	22816
of registration, without the payment of any fee required by this	22817
section. The application for a certificate of registration shall	22818
be accompanied by evidence of disability or by documentary	22819
evidence in support of a congressional medal of honor that the	22820
chief requires by rule. The application for a certificate of	22821
registration by any person who has been a prisoner of war shall be	22822
accompanied by written evidence in the form of a record of	22823
separation, a letter from one of the armed forces of a country	22824
listed in division ~~(O)~~(P)(2) of this section, or other evidence	22825
that the chief may require by rule, that the person was honorably	22826
discharged or is currently residing in this state on active duty	22827
with one of the branches of the armed forces of the United States,	22828
or was a prisoner of war and was honorably discharged or received	22829
an equivalent discharge or release from one of the armed forces of	22830
a country listed in division ~~(O)~~(P)(2) of this section.	22831

~~(Q)~~(R) Annually by the fifteenth day of January, the director	22832
of natural resources shall determine the amount of fees that would	22833
have been collected in the prior calendar year for each	22834
certificate of registration issued or renewed pursuant to division	22835
~~(P)~~(Q) of this section and shall certify the total amount of	22836
foregone revenue to the director of budget and management for	22837
reimbursement. The director of budget and management shall	22838
transfer the amount certified from the general revenue fund to the	22839
waterways safety fund ~~created pursuant to section 1547.75 of the~~	22840
~~Revised Code~~.	22841

Sec. 1547.542. Any person or organization owning any number	22842
of canoes, rowboats, inflatable watercraft, or sailboats for the	22843
purpose of rental to the public may apply with the chief of the	22844
division of watercraft for and receive an annual certificate of	22845
livery registration. No watercraft shall be rented to the public	22846
from a livery or other place of business in this state unless it	22847
first has been numbered and registered in accordance with this	22848
section or section 1547.54 of the Revised Code. Certificates of	22849
livery registration shall be issued by an authorized agent who is	22850
selected by the chief from among those designated under section	22851
1547.54 of the Revised Code. The certificate shall display the	22852
name of the owner of the livery, the date of issuance, the date of	22853
expiration, the number of watercraft registered, the fee paid, an	22854
authorized facsimile of the signature of the chief provided by the	22855
authorized agent who is selected to issue the certificate, and the	22856
signature of the livery owner. The certificate shall bear the	22857
livery watercraft registration number assigned to the livery	22858
owner, which shall be displayed in accordance with section 1547.57	22859
of the Revised Code on each watercraft in the fleet for which the	22860
certificate was issued. The owner of a livery shall obtain an	22861
amended certificate of livery registration from the chief whenever	22862
the composition of the fleet changes.	22863

The fee for each watercraft registered under this section	22864
shall be an annual registration fee. The fee shall be one-third of	22865
the triennial registration fees prescribed in section 1547.54 of	22866
the Revised Code. However, if the size of the fleet does not	22867
increase, the fee for an amended certificate of livery	22868
registration shall be the fee prescribed for issuing a duplicate	22869
registration certificate under section 1547.54 of the Revised	22870
Code, and the chief shall not refund to the livery owner all or	22871
any portion of an annual registration fee applicable to a	22872
watercraft transferred or abandoned by the livery owner. If the	22873
size of the fleet increases, the livery owner shall be required to	22874
pay the applicable annual registration fee for each watercraft	22875
registered under an amended certificate of livery registration	22876
that is in excess of the number of watercraft contained in the	22877
annual certificate of livery registration.	22878

In addition to the fees established in this section,	22879
watercraft that are not powercraft shall be charged a waterways	22880
conservation assessment fee. The fee shall be collected at the	22881
time of the issuance of an annual livery registration under this	22882
section and shall be one dollar and fifty cents for each	22883
watercraft included in the registration. The fee shall be	22884
deposited in the state treasury and credited to a distinct account	22885
in the waterways safety fund created in section 1547.75 of the	22886
Revised Code.	22887

The certificate of livery registration, rental receipts, and	22888
required safety equipment are subject to inspection at any time at	22889
the livery's place of business by any authorized representative of	22890
the division of watercraft or any law enforcement officer in	22891
accordance with section 1547.63 of the Revised Code.	22892

Except as provided in this section, all watercraft registered	22893
under this section are subject to this chapter and Chapter 1548.	22894
of the Revised Code.	22895

The chief may issue an order temporarily or permanently	22896
restricting or suspending a livery certificate of registration and	22897
the privileges associated with it without a hearing if the chief	22898
finds that the holder of the certificate has violated this	22899
chapter.	22900

Sec. 1547.73. There is hereby created in the division of	22901
watercraft, a waterways safety council composed of five members	22902
appointed by the governor with the advice and consent of the	22903
senate. Not more than three of such appointees shall belong to the	22904
same political party. Terms of office shall be for five years,	22905
commencing on the first day of February and ending on the	22906
thirty-first day of January~~, except that upon expiration of the~~	22907
~~term ending February 4, 1973, the new term which succeeds it shall~~	22908
~~commence on February 5, 1973 and end on January 31, 1978; upon~~	22909
~~expiration of the term ending February 3, 1974, the new term which~~	22910
~~succeeds it shall commence on February 4, 1974 and end on January~~	22911
~~31, 1979; upon expiration of the term ending February 2, 1975, the~~	22912
~~new term which succeeds it shall commence on February 3, 1975 and~~	22913
~~end on January 31, 1980; and upon expiration of the term ending~~	22914
~~February 6, 1977, the new term which succeeds it shall commence on~~	22915
~~February 7, 1977 and end on January 31, 1982~~. Each member shall	22916
hold office from the date of ~~his~~ appointment until the end of the	22917
term for which hethe member was appointed. The chief of the	22918
division of watercraft shall act as secretary of the council. In	22919
the event of the death, removal, resignation, or incapacity of a	22920
member of the council, the governor, with the advice and consent	22921
of the senate, shall appoint a successor to fill the unexpired	22922
term who shall hold office for the remainder of the term for which	22923
~~his~~the member's predecessor was appointed. Any member shall	22924
continue in office subsequent to the expiration date of ~~his~~the	22925
member's term until ~~his~~the member's successor takes office, or	22926
until a period of sixty days has elapsed, whichever occurs first.	22927
The governor may remove any appointed member of the council for	22928
misfeasance, nonfeasance, or malfeasance in office.	22929

The council may:

22930

(A) Advise with and recommend to the chief as to plans and	22931
~~program~~programs for the construction, maintenance, repair, and	22932
operation of refuge harbors and other projects for the harboring,	22933
mooring, docking, and storing of light draft vessels as provided	22934
in sections 1547.71, 1547.72, and 1547.78 of the Revised Code;	22935

(B) Advise with and recommend to the chief as to the methods	22936
of coordinating the shore erosion projects of the department of	22937
natural resources with the refuge of light draft vessel harbor	22938
projects;	22939

(C) Advise with and recommend to the chief as to plans and	22940
programs for the acquisition, protection, construction,	22941
maintenance, and administration of wild river areas, scenic river	22942
areas, and recreational river areas;	22943

(D) Consider and make recommendations upon any matter which	22944
is brought to its attention by any person or ~~which~~that the chief	22945
may submit to it;	22946

~~(D)~~(E) Submit to the governor biennially recommendations for	22947
amendments to the laws of the state relative to refuge and light	22948
draft vessel harbor projects.	22949

Before entering upon the discharge of ~~his~~official duties,	22950
each member of the council shall take and subscribe to an oath of	22951
office, which oath, in writing, shall be filed in the office of	22952
the secretary of state.	22953

The members of the council shall serve without compensation,	22954
but shall be entitled to receive their actual and necessary	22955
expenses incurred in the performance of their official duties from	22956
the waterways safety fund as provided in section 1547.75 of the	22957
Revised Code.	22958

The council shall, by a majority vote of all its members,	22959
adopt and amend bylaws.	22960

To be eligible for appointment as a member of the council, a	22961
person shall be a citizen of the United States,and an elector of	22962
the state, and possess a knowledge of and have an interest in	22963
small boat operations.	22964

The council shall hold at least four regular quarterly	22965
meetings each year. Special meetings shall be held at such times	22966
as the bylaws of the council provide, or at the behest of a	22967
majority of its members. Notices of all meetings shall be given in	22968
such manner as the bylaws provide. The council shall choose	22969
annually from among its members a ~~chairman~~chairperson to preside	22970
over its meetings. A majority of the members of the council shall	22971
constitute a quorum. No advice shall be given or recommendation	22972
made without a majority of the members of the council concurring	22973
therein.	22974

~~Sec. 1517.14.~~ Sec. 1547.81. ~~As used in sections 1517.14 to 1517.18~~	22975
~~of the Revised Code, "watercourse" means a substantially natural~~	22976
~~channel with recognized banks and bottom, in which a flow of~~	22977
~~water occurs, with an average of at least ten feet mean surface~~	22978
~~water width and at least five miles of length.~~ The director of	22979
natural resources or the director's representative may create,	22980
supervise, operate, protect, and maintain wild, scenic, and	22981
recreational river areas ~~under the classifications established in~~	22982
~~section 1517.15 of the Revised Code~~. In creating wild, scenic, and	22983
recreational river areas, the director shall classify each such	22984
area as either a wild river area, a scenic river area, or a	22985
recreational river area. The director or the director's	22986
representative may prepare and maintain a plan for the	22987
establishment, development, use, and administration of those	22988
areas as a part of the comprehensive state plans for water	22989
management and outdoor recreation. The director or the director's	22990
representative may cooperate with federal agencies administering	22991
any federal program concerning wild, scenic, or recreational river	22992
areas.	22993

The director may propose for establishment as a wild, scenic,	22994
or recreational river area a part or parts of any watercourse in	22995
this state, with adjacent lands, that in the director's judgment	22996
possesses water conservation, scenic, fish, wildlife, historic, or	22997
outdoor recreation values that should be preserved~~, using the~~	22998
~~classifications established in section 1517.15 of the Revised~~	22999
~~Code~~. The area shall include lands adjacent to the watercourse in	23000
sufficient width to preserve, protect, and develop the natural	23001
character of the watercourse, but shall not include any lands more	23002
than one thousand feet from the normal waterlines of the	23003
watercourse unless an additional width is necessary to preserve	23004
water conservation, scenic, fish, wildlife, historic, or outdoor	23005
recreation values.	23006

The director shall publish the intention to declare an area a	23007
wild, scenic, or recreational river area at least once in a	23008
newspaper of general circulation in each county, any part of which	23009
is within the area, and shall send written notice of the intention	23010
to the legislative authority of each county, township, and	23011
municipal corporation and to each conservancy district established	23012
under Chapter 6101. of the Revised Code, any part of which is	23013
within the area, and to the director of transportation, the	23014
director of development, the director of administrative services,	23015
and the director of environmental protection. The notices shall	23016
include a copy of a map and description of the area.	23017

After thirty days from the last date of publication or	23018
dispatch of written notice as required in this section, the	23019
director shall enter a declaration in the director's journal that	23020
the area is a wild river area, scenic river area, or recreational	23021
river area. When so entered, the area is a wild, scenic, or	23022
recreational river area, as applicable. The director, after	23023
thirty days' notice as prescribed in this section and upon the	23024
approval of the recreation and resources commission created in	23025
section 1501.04 of the Revised Code, may terminate the status of	23026
an area as a wild river area, scenic river area, or recreational	23027
river area by an entry in the director's journal.	23028

Declaration by the director that an area is a wild, scenic,	23029
or recreational river area does not authorize the director or any	23030
governmental agency or political subdivision to restrict the use	23031
of land by the owner thereof or any person acting under the	23032
landowner's authority or to enter upon the land and does not	23033
expand or abridge the regulatory authority of any governmental	23034
agency or political subdivision over the area.	23035

The director may enter into a lease or other agreement with a	23036
political subdivision to administer all or part of a wild, scenic,	23037
or recreational river area and may acquire real property or any	23038
estate, right, or interest therein in order to provide for the	23039
protection and public recreational use of a wild, scenic, or	23040
recreational river area.	23041

The chief of the division of ~~natural areas and preserves~~	23042
watercraft or the chief's representative may participate in	23043
watershed-wide planning with federal, state, and local agencies in	23044
order to protect the values of wild, scenic, and recreational	23045
river areas.	23046

~~Sec. 1517.16.~~ Sec. 1547.82. No state department, state agency, or	23047
political subdivision shall build or enlarge any highway, road, or	23048
structure or modify or cause the modification of the channel of	23049
any watercourse within a wild, scenic, or recreational river area	23050
outside the limits of a municipal corporation without first having	23051
obtained approval of the plans for the highway, road, or structure	23052
or channel modification from the director of natural resources or	23053
~~his~~the director's representative. The court of common pleas	23054
having jurisdiction, upon petition by the director, shall enjoin	23055
work on any highway, road, or structure or channel modification	23056
for which such approval has not been obtained.	23057

~~Sec. 1517.17.~~ Sec. 1547.83. The chief of the division of ~~natural~~	23058
~~areas and preserves~~watercraft shall administer the state	23059
programs for wild river areas, scenic river areas, and	23060
recreational river areas. The chief may accept and administer	23061
state and federal financial assistance ~~programs~~ for the	23062
maintenance, protection, and administration of wild, scenic, and	23063
recreational river areas and for construction of facilities	23064
within those areas. The chief, with the approval of the director	23065
of natural resources, may expend for the purpose of administering	23066
the state programs for wild, scenic, and recreational river areas	23067
money that is appropriated by the general assembly for that	23068
purpose, money that is in the scenic rivers protection fund	23069
created in section 4501.24 of the Revised Code, and money that is	23070
in the waterways safety fund created in section 1547.75 of the	23071
Revised Code as determined to be necessary by the division of	23072
watercraft not to exceed four per cent of all money accruing to	23073
the fund. The chief may condition any expenditures, maintenance	23074
activities, or construction of facilities on the adoption and	23075
enforcement of adequate floodplain zoning or land use rules.	23076

~~The director of natural resources may make a lease or~~	23077
~~agreement with a political subdivision to administer all or part~~	23078
~~of a wild, scenic, or recreational river area.~~	23079

~~The director may acquire real property or any estate, right,~~	23080
~~or interest therein for protection and public recreational use as~~	23081
~~a wild, scenic, or recreational river area.~~	23082

~~The chief may expend funds for the acquisition, protection,~~	23083
~~construction, maintenance, and administration of real property and~~	23084
~~public use facilities in wild, scenic, or recreational river areas~~	23085
~~when the funds are so appropriated by the general assembly. The~~	23086
~~chief may condition such expenditures, acquisition of land or~~	23087
~~easements, or construction of facilities within a wild, scenic, or~~	23088
~~recreational river area upon adoption and enforcement of adequate~~	23089
~~floodplain zoning rules.~~	23090

Any instrument by which real property is acquired pursuant to	23091
this section shall identify the agency of the state that has the	23092
use and benefit of the real property as specified in section	23093
5301.012 of the Revised Code.	23094

The chief may cooperate with federal agencies administering	23095
any federal program concerning wild, scenic, or recreational	23096
river areas.	23097

~~Sec. 1517.18.~~ Sec. 1547.84. The director of natural resources	23098
shall appoint an advisory council for each wild, scenic, or	23099
recreational river area, composed of not more than ten persons who	23100
are representative of local government and local organizations and	23101
interests in the vicinity of the wild, scenic, or recreational	23102
river area, who shall serve without compensation. The chief of the	23103
division of ~~natural areas and preserves~~watercraft or ~~his~~the	23104
chief's representative shall serve as an ex officio member of each	23105
council.	23106

~~The terms of all members serving on any advisory council~~	23107
~~under this section on the effective date of this amendment shall~~	23108
~~end on January 31, 1995. The director shall appoint new members to~~	23109
~~serve on each council for terms beginning on February 1, 1995,~~	23110
~~provided that a member serving on a council on the effective date~~	23111
~~of this amendment may be appointed to such a new term.~~ The initial	23112
members appointed to each council shall serve for terms of not	23113
more than three years, with the terms of not more than four	23114
members of any council ending in the same year. Thereafter, terms	23115
of office shall be for three years commencing on the first day of	23116
February and ending on the last day of January.	23117

Each council shall advise the chief on the acquisition of	23118
land and easements and on the lands and waters that should be	23119
included in a wild, scenic, or recreational river area or a	23120
proposed wild, scenic, or recreational river area, facilities	23121
therein, and other aspects of establishment and administration of	23122
the area that may affect the local interest.	23123

Sec. 1547.85. The director of natural resources may	23124
participate in the federal program for the protection of certain	23125
selected rivers that are located within the boundaries of the	23126
state as provided in the "Wild and Scenic Rivers Act," 82 Stat.	23127
906 (1968), 16 U.S.C. 1271 et seq., as amended. The director may	23128
authorize the chief of the division of watercraft to participate	23129
in any other federal program established for the purpose of	23130
protecting, conserving, or developing recreational access to	23131
waters in this state that possess outstanding scenic,	23132
recreational, geologic, fish and wildlife, historic, cultural, or	23133
other similar values.	23134

Sec. 1547.86. Any action taken by the chief of the division	23135
of watercraft under sections 1547.81 to 1547.87 of the Revised	23136
Code shall not be deemed in conflict with certain powers and	23137
duties conferred on and delegated to federal agencies and to	23138
municipal corporations under Section 7 of Article XVIII, Ohio	23139
Constitution, or as provided by sections 721.04 to 721.11 of the	23140
Revised Code.	23141

Sec. 1547.87. The division of watercraft, in carrying out	23142
sections 1547.81 to 1547.87 of the Revised Code, may accept,	23143
receive, and expend gifts, devises, or bequests of money, lands,	23144
or other properties under the terms established in section 9.20 of	23145
the Revised Code.	23146

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	23147
Revised Code is guilty of a felony of the fourth degree.	23148

(B) Whoever violates division (F) of section 1547.08, section	23149
1547.10, division (I) of section 1547.111, section 1547.13, or	23150
section 1547.66 of the Revised Code is guilty of a misdemeanor of	23151
the first degree.	23152

(C) Whoever violates a provision of this chapter or a rule	23153
adopted thereunder, for which no penalty is otherwise provided, is	23154
guilty of a minor misdemeanor.	23155

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	23156
the Revised Code without causing injury to persons or damage to	23157
property is guilty of a misdemeanor of the fourth degree.	23158

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	23159
the Revised Code causing injury to persons or damage to property	23160
is guilty of a misdemeanor of the third degree.	23161

(F) Whoever violates division ~~(M)~~(N) of section 1547.54,	23162
division (G) of section 1547.30, or section 1547.131, 1547.25,	23163
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	23164
of the Revised Code or a rule adopted under division (A)(2) of	23165
section 1547.52 of the Revised Code is guilty of a misdemeanor of	23166
the fourth degree.	23167

(G) Whoever violates section 1547.11 of the Revised Code is	23168
guilty of a misdemeanor of the first degree and shall be punished	23169
as provided in division (G)(1), (2), or (3) of this section.	23170

(1) Except as otherwise provided in division (G)(2) or (3) of	23171
this section, the court shall sentence the offender to a jail term	23172
of three consecutive days and may sentence the offender pursuant	23173
to section 2929.24 of the Revised Code to a longer jail term. In	23174
addition, the court shall impose upon the offender a fine of not	23175
less than one hundred fifty nor more than one thousand dollars.	23176

The court may suspend the execution of the mandatory jail	23177
term of three consecutive days that it is required to impose by	23178
division (G)(1) of this section if the court, in lieu of the	23179
suspended jail term, places the offender under a community control	23180
sanction pursuant to section 2929.25 of the Revised Code and	23181
requires the offender to attend, for three consecutive days, a	23182
drivers' intervention program that is certified pursuant to	23183
section 3793.10 of the Revised Code. The court also may suspend	23184
the execution of any part of the mandatory jail term of three	23185
consecutive days that it is required to impose by division (G)(1)	23186
of this section if the court places the offender under a community	23187
control sanction pursuant to section 2929.25 of the Revised Code	23188
for part of the three consecutive days; requires the offender to	23189
attend, for that part of the three consecutive days, a drivers'	23190
intervention program that is certified pursuant to section 3793.10	23191
of the Revised Code; and sentences the offender to a jail term	23192
equal to the remainder of the three consecutive days that the	23193
offender does not spend attending the drivers' intervention	23194
program. The court may require the offender, as a condition of	23195
community control, to attend and satisfactorily complete any	23196
treatment or education programs, in addition to the required	23197
attendance at a drivers' intervention program, that the operators	23198
of the drivers' intervention program determine that the offender	23199
should attend and to report periodically to the court on the	23200
offender's progress in the programs. The court also may impose any	23201
other conditions of community control on the offender that it	23202
considers necessary.	23203

(2) If, within six years of the offense, the offender has	23204
been convicted of or pleaded guilty to one violation of section	23205
1547.11 of the Revised Code or one other equivalent offense, the	23206
court shall sentence the offender to a jail term of ten	23207
consecutive days and may sentence the offender pursuant to	23208
section 2929.24 of the Revised Code to a longer jail term. In	23209
addition, the court shall impose upon the offender a fine of not	23210
less than one hundred fifty nor more than one thousand dollars.	23211

In addition to any other sentence that it imposes upon the	23212
offender, the court may require the offender to attend a drivers'	23213
intervention program that is certified pursuant to section 3793.10	23214
of the Revised Code.	23215

(3) If, within six years of the offense, the offender has	23216
been convicted of or pleaded guilty to more than one violation or	23217
offense identified in division (G)(2) of this section, the court	23218
shall sentence the offender to a jail term of thirty consecutive	23219
days and may sentence the offender to a longer jail term of not	23220
more than one year. In addition, the court shall impose upon the	23221
offender a fine of not less than one hundred fifty nor more than	23222
one thousand dollars.	23223

In addition to any other sentence that it imposes upon the	23224
offender, the court may require the offender to attend a drivers'	23225
intervention program that is certified pursuant to section 3793.10	23226
of the Revised Code.	23227

(4) Upon a showing that serving a jail term would seriously	23228
affect the ability of an offender sentenced pursuant to division	23229
(G)(1), (2), or (3) of this section to continue the offender's	23230
employment, the court may authorize that the offender be granted	23231
work release after the offender has served the mandatory jail term	23232
of three, ten, or thirty consecutive days that the court is	23233
required by division (G)(1), (2), or (3) of this section to	23234
impose. No court shall authorize work release during the mandatory	23235
jail term of three, ten, or thirty consecutive days that the court	23236
is required by division (G)(1), (2), or (3) of this section to	23237
impose. The duration of the work release shall not exceed the time	23238
necessary each day for the offender to commute to and from the	23239
place of employment and the place in which the jail term is served	23240
and the time actually spent under employment.	23241

(5) Notwithstanding any section of the Revised Code that	23242
authorizes the suspension of the imposition or execution of a	23243
sentence or the placement of an offender in any treatment program	23244
in lieu of being imprisoned or serving a jail term, no court shall	23245
suspend the mandatory jail term of ten or thirty consecutive days	23246
required to be imposed by division (G)(2) or (3) of this section	23247
or place an offender who is sentenced pursuant to division (G)(2)	23248
or (3) of this section in any treatment program in lieu of being	23249
imprisoned or serving a jail term until after the offender has	23250
served the mandatory jail term of ten or thirty consecutive days	23251
required to be imposed pursuant to division (G)(2) or (3) of this	23252
section. Notwithstanding any section of the Revised Code that	23253
authorizes the suspension of the imposition or execution of a	23254
sentence or the placement of an offender in any treatment program	23255
in lieu of being imprisoned or serving a jail term, no court,	23256
except as specifically authorized by division (G)(1) of this	23257
section, shall suspend the mandatory jail term of three	23258
consecutive days required to be imposed by division (G)(1) of this	23259
section or place an offender who is sentenced pursuant to division	23260
(G)(1) of this section in any treatment program in lieu of	23261
imprisonment until after the offender has served the mandatory	23262
jail term of three consecutive days required to be imposed	23263
pursuant to division (G)(1) of this section.	23264

(6) As used in division (G) of this section:

23265

(a) "Equivalent offense" has the same meaning as in section	23266
4511.181 of the Revised Code.	23267

(b) "Jail term" and "mandatory jail term" have the same	23268
meanings as in section 2929.01 of the Revised Code.	23269

(H) Whoever violates section 1547.304 of the Revised Code is	23270
guilty of a misdemeanor of the fourth degree and also shall be	23271
assessed any costs incurred by the state or a county, township,	23272
municipal corporation, or other political subdivision in disposing	23273
of an abandoned junk vessel or outboard motor, less any money	23274
accruing to the state, county, township, municipal corporation, or	23275
other political subdivision from that disposal.	23276

(I) Whoever violates division (B) or (C) of section 1547.49	23277
of the Revised Code is guilty of a minor misdemeanor.	23278

(J) Whoever violates section 1547.31 of the Revised Code is	23279
guilty of a misdemeanor of the fourth degree on a first offense.	23280
On each subsequent offense, the person is guilty of a misdemeanor	23281
of the third degree.	23282

(K) Whoever violates section 1547.05 or 1547.051 of the	23283
Revised Code is guilty of a misdemeanor of the fourth degree if	23284
the violation is not related to a collision, injury to a person,	23285
or damage to property and a misdemeanor of the third degree if the	23286
violation is related to a collision, injury to a person, or damage	23287
to property.	23288

(L) The sentencing court, in addition to the penalty provided	23289
under this section for a violation of this chapter or a rule	23290
adopted under it that involves a powercraft powered by more than	23291
ten horsepower and that, in the opinion of the court, involves a	23292
threat to the safety of persons or property, shall order the	23293
offender to complete successfully a boating course approved by the	23294
national association of state boating law administrators before	23295
the offender is allowed to operate a powercraft powered by more	23296
than ten horsepower on the waters in this state. Violation of a	23297
court order entered under this division is punishable as contempt	23298
under Chapter 2705. of the Revised Code.	23299

Sec. 1548.10. (A) The clerk of the court of common pleas	23300
shall charge and retain fees as follows:	23301

(1) Fifteen dollars for each duplicate copy of a	23302
certificate of title. The clerk shall retain that entire fee.	23303

(2) Fifteen dollars for each certificate of title, which	23304
shall include any notation or indication of any lien or security	23305
interest on a certificate of title and any memorandum certificate	23306
of title or non-negotiable evidence of ownership requested at the	23307
time the certificate of title is issued. The clerk shall retain	23308
~~ten~~twelve dollars and ~~fifty~~twenty-five cents of that fee.	23309

(3) Five dollars for each certificate of title with no	23310
security interest noted that is issued to a licensed watercraft	23311
dealer for resale purposes. The clerk shall retain two dollars of	23312
that fee.	23313

(4) Five dollars for each memorandum certificate of title or	23314
non-negotiable evidence of ownership that is applied for	23315
separately. The clerk shall retain that entire fee.	23316

(B) The fees charged for a certificate of title and the	23317
notation or indication of any lien or security interest on a	23318
certificate of title that are not retained by the clerk shall be	23319
paid to the chief of the division of watercraft by monthly	23320
returns, which shall be forwarded to the chief not later than the	23321
fifth day of the month next succeeding that in which the	23322
certificate is forwarded, or that in which the chief is notified	23323
of a lien or security interest or cancellation of a lien or	23324
security interest.	23325

The chief shall deposit one dollar of the amount the chief	23326
receives for each certificate of title in the automated title	23327
processing fund created in section 4505.09 of the Revised Code.	23328
Moneys deposited in that fund under this section shall be used for	23329
the purpose specified in division (B)(3)(b) of that section.	23330

Sec. 1707.17. (A)(1) The license of every dealer in and	23331
salesperson of securities shall expire on the thirty-first day of	23332
December of each year, and may be renewed upon the filing with the	23333
division of securities of an application for renewal, and the	23334
payment of the fee prescribed in this section. The division shall	23335
give notice, without unreasonable delay, of its action on any	23336
application for renewal of a dealer's or salesperson's license.	23337

(2) The license of every investment adviser and investment	23338
adviser representative licensed under section 1707.141 or 1707.161	23339
of the Revised Code shall expire on the thirty-first day of	23340
December of each year. The licenses may be renewed upon the	23341
filing with the division of an application for renewal, and the	23342
payment of the fee prescribed in division (B) of this section. The	23343
division shall give notice, without unreasonable delay, of its	23344
action on any application for renewal.	23345

(3) An investment adviser required to make a notice filing	23346
under division (B) of section 1707.141 of the Revised Code	23347
annually shall file with the division the notice filing and the	23348
fee prescribed in division (B) of this section, no later than the	23349
thirty-first day of December of each year.	23350

(4) The license of every state retirement system investment	23351
officer licensed under section 1707.163 of the Revised Code and	23352
the license of a bureau of workers' compensation chief investment	23353
officer issued under section 1707.165 of the Revised Code shall	23354
expire on the thirtieth day of June of each year. The licenses may	23355
be renewed on the filing with the division of an application for	23356
renewal, and the payment of the fee prescribed in division (B) of	23357
this section. The division shall give notice, without unreasonable	23358
delay, of its action on any application for renewal.	23359

(B)(1) The fee for each dealer's license, and for each annual	23360
renewal thereof, shall be ~~one~~two hundred dollars.	23361

(2) The fee for each salesperson's license, and for each	23362
annual renewal thereof, shall be ~~fifty~~sixty dollars.	23363

(3) The fee for each investment adviser's license, and for	23364
each annual renewal thereof, shall be ~~fifty~~one hundred dollars.	23365

(4) The fee for each investment adviser notice filing	23366
required by division (B) of section 1707.141 of the Revised Code	23367
shall be ~~fifty~~one hundred dollars.	23368

(5) The fee for each investment adviser representative's	23369
license, and for each annual renewal thereof, shall be ~~thirty-five~~	23370
fifty dollars.	23371

(6) The fee for each state retirement system investment	23372
officer's license, and for each annual renewal thereof, shall be	23373
fifty dollars.	23374

(7) The fee for a bureau of workers' compensation chief	23375
investment officer's license, and for each annual renewal thereof,	23376
shall be fifty dollars.	23377

(C) A dealer's, salesperson's, investment adviser's,	23378
investment adviser representative's, bureau of workers'	23379
compensation chief investment officer's, or state retirement	23380
system investment officer's license may be issued at any time for	23381
the remainder of the calendar year. In that event, the annual fee	23382
shall not be reduced.	23383

Sec. 1707.18. (A)(1) If a partnership licensed as a dealer	23384
is terminated under the laws of the state where the partnership is	23385
organized, or by death, resignation, withdrawal, or addition of a	23386
general partner, the license of the partnership shall be	23387
automatically extended for a period of thirty days after the	23388
termination. The license of the partnership and the licenses of	23389
its salespersons may be transferred to the successor partnership	23390
within that period if the division of securities finds that the	23391
successor partnership is substantially similar to its predecessor	23392
partnership, and if an application for transfer of license has	23393
been filed. The fee for such a transfer shall be fifty dollars,	23394
plus ~~ten~~fifteen dollars for every salesperson's license that is	23395
transferred.	23396

(2) If a partnership licensed as an investment adviser is	23397
terminated under the laws of the state where the partnership is	23398
organized, or by death, resignation, withdrawal, or addition of a	23399
general partner, the license of the partnership shall be	23400
automatically extended for a period of thirty days after the	23401
termination. The license of the partnership shall, and the	23402
licenses of its investment adviser representatives may, be	23403
transferred to the successor partnership within that period if the	23404
division finds that the successor partnership is substantially	23405
similar to its predecessor partnership, and if an application for	23406
transfer of license has been filed. The fee for such transfer	23407
shall be fifty dollars, plus ~~ten~~fifteen dollars for every	23408
investment adviser representative's license that is transferred.	23409

(B)(1) If a licensed dealer changes its business form,	23410
reincorporates, or by merger or otherwise becomes a different	23411
person, as person is defined in section 1707.01 of the Revised	23412
Code, upon application the division may transfer the dealer's	23413
license and the licenses of its salespersons to the successor	23414
entity, if the division finds that the successor entity is	23415
substantially similar to the predecessor entity. The fee for such	23416
a transfer shall be fifty dollars plus ~~ten~~fifteen dollars for	23417
every salesperson's license transferred.	23418

(2) If a licensed investment adviser changes its business	23419
form, reincorporates, or by merger or otherwise becomes a	23420
different person, as person is defined in section 1707.01 of the	23421
Revised Code, upon application, the division may transfer the	23422
investment adviser license and the licenses of its investment	23423
adviser representatives to the successor entity, if the division	23424
finds that the successor entity is substantially similar to the	23425
predecessor entity. The fee for the transfer shall be fifty	23426
dollars plus ~~ten~~fifteen dollars for every investment adviser	23427
representative's license transferred.	23428

Sec. 1707.37. (A) All fees and charges collected under	23429
~~Chapter 1707. of the Revised Code~~this chapter shall be paid into	23430
the state treasury to the credit of the division of securities	23431
fund, which is hereby created. All expenses of the division of	23432
securities, other than those specified in division (B) of this	23433
section, shall be paid from the fund.	23434

The fund shall be assessed a proportionate share of the	23435
administrative costs of the department of commerce in accordance	23436
with procedures prescribed by the director of commerce and	23437
approved by the director of budget and management. The	23438
assessments shall be paid from the division of securities fund to	23439
the division of administration fund.	23440

If moneys in the division of securities fund are determined	23441
by the director of budget and management and the director of	23442
commerce to be in excess of those necessary to defray all the	23443
expenses in any fiscal year, the director of budget and management	23444
shall transfer the excess to the general revenue fund.	23445

(B) There is hereby created in the state treasury the	23446
division of securities investor education and enforcement expense	23447
fund, which shall consist of all money received in settlement of	23448
any violation of this chapter and any cash transfers. Money in the	23449
fund shall be used to pay expenses of the division of securities	23450
relating to education or enforcement for the protection of	23451
securities investors and the public. The division may adopt rules	23452
pursuant to section 1707.20 of the Revised Code that establish	23453
what qualifies as such an expense.	23454

If the director of budget and management and the director of	23455
commerce determine that money in the fund is in excess of one	23456
million dollars at the end of a fiscal year and that any amount of	23457
that excess is not needed to defray the qualifying expenses of the	23458
division, the director of budget and management may transfer that	23459
amount to the general revenue fund.	23460

Sec. 1710.01. As used in this chapter:

23461

(A) "Special improvement district" means a special	23462
improvement district organized under this chapter.	23463

(B) "Church" means a fellowship of believers, congregation,	23464
society, corporation, convention, or association that is formed	23465
primarily or exclusively for religious purposes and that is not	23466
formed for the private profit of any person.	23467

(C) "Church property" means property that is described as	23468
being exempt from taxation under division (A)(2) of section	23469
5709.07 of the Revised Code and that the county auditor has	23470
entered on the exempt list compiled under section 5713.07 of the	23471
Revised Code.	23472

(D) "Municipal executive" means the mayor, city manager, or	23473
other chief executive officer of the municipal corporation in	23474
which a special improvement district is located.	23475

(E) "Participating political subdivision" means the municipal	23476
corporation or township, or each of the municipal corporations or	23477
townships, that has territory within the boundaries of a special	23478
improvement district created under this chapter.	23479

(F) "Legislative authority of a participating political	23480
subdivision" means, with reference to a township, the board of	23481
township trustees.	23482

(G) "Public improvement" means the planning, design,	23483
construction, reconstruction, enlargement, or alteration of any	23484
facility or improvement, including the acquisition of land, for	23485
which a special assessment may be levied under Chapter 727. of the	23486
Revised Code.	23487

(H) "Public service" means any service that can be provided	23488
by a municipal corporation or any service for which a special	23489
assessment may be levied under Chapter 727. of the Revised Code.	23490

(I) "Existing qualified nonprofit corporation" means a	23491
nonprofit corporation that existed before the creation of the	23492
corresponding district under this chapter, that is composed of	23493
members located within or adjacent to the district, that has	23494
established a police department under section 1702.80 of the	23495
Revised Code, and that is organized for purposes that include	23496
acquisition of real property within an area specified by its	23497
articles for the subsequent transfer of such property to its	23498
members exclusively for charitable, scientific, literary, or	23499
educational purposes, or holding and maintaining and leasing such	23500
property; planning for and assisting in the development of its	23501
members; providing for the relief of the poor and distressed or	23502
underprivileged in the area and adjacent areas; combating	23503
community deterioration and lessening the burdens of government;	23504
providing or assisting others in providing housing for low- or	23505
moderate-income persons; and assisting its members by the	23506
provision of public safety and security services, parking	23507
facilities, transit service, landscaping, and parks.	23508

Sec. 1710.02. (A) A special improvement district may be	23509
created within the boundaries of any one municipal corporation,	23510
any one township, or any combination of contiguous municipal	23511
corporations and townships ~~by a petition of the property owners~~	23512
~~within the proposed district,~~ for the purpose of developing and	23513
implementing plans for public improvements and public services	23514
that benefit the district. A district may be created by petition	23515
of the owners of real property within the proposed district, or by	23516
an existing qualified nonprofit corporation. If the district is	23517
created by an existing qualified nonprofit corporation, the	23518
purposes for which the district is created may be supplemental to	23519
the other purposes for which the corporation is organized. All	23520
territory in a district shall be contiguous.	23521

The district shall be governed by the board of trustees of a	23522
nonprofit corporation. This board shall be known as the board of	23523
directors of the special improvement district. No special	23524
improvement district shall include any church property, or	23525
property of the federal or state government or a county, township,	23526
or municipal corporation, unless the church or the county,	23527
township, or municipal corporation specifically requests in	23528
writing that the property be included within the district, or	23529
unless the church is a member of the existing qualified nonprofit	23530
corporation creating the district at the time the district is	23531
created. More than one district may be created within a	23532
participating political subdivision, but no real property may be	23533
included within more than one district unless the owner of the	23534
property files a written consent with the clerk of the legislative	23535
authority, the township fiscal officer, or the village clerk, as	23536
appropriate. The area of each district shall be contiguous.	23537

(B) Except as provided in division (C) of this section, a	23538
district created under this chapter is not a political	23539
subdivision. A district created under this chapter shall be	23540
considered a public agency under section 102.01 and a public	23541
authority under section 4115.03 of the Revised Code. Each member	23542
of the board of directors of a district, each member's designee or	23543
proxy, and each officer and employee of a district shall be	23544
considered a public official or employee under section 102.01 of	23545
the Revised Code and a public official and public servant under	23546
section 2921.42 of the Revised Code. Districts created under this	23547
chapter are not subject to section 121.24 of the Revised Code.	23548
Districts created under this chapter are subject to sections	23549
121.22 and 121.23 of the Revised Code.	23550

(C) Each district created under this chapter shall be	23551
considered a political subdivision for purposes of section 4905.34	23552
of the Revised Code.	23553

Membership on the board of directors of the district shall	23554
not be considered as holding a public office. Directors and their	23555
designees shall be entitled to the immunities provided by Chapter	23556
1702. and to the same immunity as an employee under division	23557
(A)(6) of section 2744.03 of the Revised Code, except that	23558
directors and their designees shall not be entitled to the	23559
indemnification provided in section 2744.07 of the Revised Code	23560
unless the director or designee is an employee or official of a	23561
participating political subdivision of the district and is acting	23562
within the scope of the director's or designee's employment or	23563
official responsibilities.	23564

District officers and district members and directors and	23565
their designees or proxies shall not be required to file a	23566
statement with the Ohio ethics commission under section 102.02 of	23567
the Revised Code. All records of the district shall be treated as	23568
public records under section 149.43 of the Revised Code, except	23569
that records of organizations contracting with a district shall	23570
not be considered to be public records under section 149.43 or	23571
section 149.431 of the Revised Code solely by reason of any	23572
contract with a district.	23573

(D) Except as otherwise provided in this section, the	23574
nonprofit corporation that governs a district shall be organized	23575
in the manner described in Chapter 1702. of the Revised Code. ~~The~~	23576
Except in the case of a district created by an existing qualified	23577
nonprofit corporation, the corporation's articles of incorporation	23578
are required to be approved, as provided in division (E) of this	23579
section, by resolution of the legislative authority of each	23580
participating political subdivision of the district. A copy of	23581
that resolution shall be filed along with the articles of	23582
incorporation in the secretary of state's office.	23583

In addition to meeting the requirements for articles of	23584
incorporation set forth in Chapter 1702. of the Revised Code, the	23585
articles of incorporation for the nonprofit corporation governing	23586
a district formed under this chapter shall provide all the	23587
following:	23588

(1) The name for the district, which shall include the name	23589
of each participating political subdivision of the district;	23590

(2) A description of the territory within the district, which	23591
may be all or part of each participating political subdivision.	23592
The description shall be specific enough to enable real property	23593
owners to determine if their property is located within the	23594
district.	23595

(3) A description of the procedure by which the articles of	23596
incorporation may be amended. The procedure shall include	23597
receiving approval of the amendment, by resolution, from the	23598
legislative authority of each participating political subdivision	23599
and filing the approved amendment and resolution with the	23600
secretary of state.	23601

(4) The reasons for creating the district, plus an	23602
explanation of how the district will be conducive to the public	23603
health, safety, peace, convenience, and welfare of the district.	23604

(E) The articles of incorporation for a nonprofit corporation	23605
governing a district created under this chapter and amendments to	23606
them shall be submitted to the municipal executive, if any, and	23607
the legislative authority of each municipal corporation or	23608
township in which the proposed district is to be located,. Except	23609
in the case of a district created by an existing qualified	23610
nonprofit corporation, the articles or amendments shall be	23611
accompanied by a petition signed either by the owners of at least	23612
sixty per cent of the front footage of all real property located	23613
in the proposed district that abuts upon any street, alley, public	23614
road, place, boulevard, parkway, park entrance, easement, or other	23615
existing public improvement within the proposed district,	23616
excluding church property or property owned by the state, county,	23617
township, municipal, or federal government, unless a church,	23618
county, township, or municipal corporation has specifically	23619
requested in writing that the property be included in the	23620
district, or by the owners of at least seventy-five per cent of	23621
the area of all real property located within the proposed	23622
district, excluding church property or property owned by the	23623
state, county, township, municipal, or federal government, unless	23624
a church, county, township, or municipal corporation has	23625
specifically requested in writing that the property be included in	23626
the district. For purposes of determining compliance with these	23627
requirements, the area of the district, or the front footage and	23628
ownership of property, shall be as shown in the most current	23629
records available at the county recorder's office and the county	23630
engineer's office sixty days prior to the date on which the	23631
petition is filed.	23632

Each municipal corporation or township with which the	23633
petition is filed has sixty days to approve or disapprove, by	23634
resolution, the petition, including the articles of incorporation.	23635
In the case of a district created by an existing qualified	23636
nonprofit corporation, each municipal corporation or township has	23637
sixty days to approve or disapprove the creation of the district	23638
after the corporation submits the articles of incorporation or	23639
amendments thereto. This chapter does not prohibit or restrict the	23640
rights of municipal corporations under Article XVIII of the Ohio	23641
Constitution or the right of the municipal legislative authority	23642
to impose reasonable conditions in a resolution of approval.	23643

(F) Persons proposing creation and operation of the district	23644
may propose an initial plan for public services or public	23645
improvements that benefit all or any part of the district. Any	23646
initial plan shall be submitted as part of the petition proposing	23647
creation of the district or, in the case of a district created by	23648
an existing qualified nonprofit corporation, shall be submitted	23649
with the articles of incorporation or amendments thereto.	23650

An initial plan may include provisions for the following:

23651

(1) Creation and operation of the district and of the	23652
nonprofit corporation to govern the district under this chapter;	23653

(2) Hiring employees and professional services;

23654

(3) Contracting for insurance;

23655

(4) Purchasing or leasing office space and office equipment;

23656

(5) Other actions necessary initially to form, operate, or	23657
organize the district and the nonprofit corporation to govern the	23658
district;	23659

(6) A plan for public improvements or public services that	23660
benefit all or part of the district, which plan shall comply with	23661
the requirements of division (A) of section 1710.06 of the Revised	23662
Code and may include, but is not limited to, any of the permissive	23663
provisions described in the fourth sentence of that division or	23664
listed in divisions (A)(1) to (5) of that section.	23665

After the initial plan is approved by all municipal	23666
corporations and townships to which it is submitted for approval	23667
and the district is created, each participating subdivision shall	23668
levy a special assessment within its boundaries to pay for the	23669
costs of the initial plan. The levy shall be for no more than ten	23670
years from the date of the approval of the initial plan. For	23671
purposes of levying an assessment for this initial plan, the	23672
services or improvements included in the initial plan shall be	23673
deemed a special benefit to property owners within the district.	23674

(G) Each nonprofit corporation governing a district under	23675
this chapter may do the following:	23676

(1) Exercise all powers of nonprofit corporations granted	23677
under Chapter 1702. of the Revised Code that do not conflict with	23678
this chapter;	23679

(2) Develop, adopt, revise, implement, and repeal plans for	23680
public improvements and public services for all or any part of the	23681
district;	23682

(3) Contract with any person, political subdivision as	23683
defined in section 2744.01 of the Revised Code, or state agency as	23684
defined in section 1.60 of the Revised Code to develop and	23685
implement plans for public improvements or public services within	23686
the district;	23687

(4) Contract and pay for insurance for the district and for	23688
directors, officers, agents, contractors, employees, or members of	23689
the district for any consequences of the implementation of any	23690
plan adopted by the district or any actions of the district.	23691

Sec. 1710.03. (A) ~~Each owner, other than a church or the~~	23692
~~state, county, township, municipal, or federal government, unless~~	23693
~~a church or county, township, or municipal corporation has~~	23694
~~specifically requested in writing that the property be included in~~	23695
~~the district,~~Except as otherwise provided in this division, each	23696
owner of real property within a special improvement district other	23697
than the state or federal government is a member of the district,	23698
and the real property of each member of the district is subject to	23699
special assessment under division (C) of section 1710.06 of the	23700
Revised Code. ~~The~~A church is not a member of the district unless	23701
the church specifically requested in writing that its property be	23702
included in the district or unless, in the case of a district	23703
created by an existing qualified nonprofit corporation, the church	23704
is a member of the corporation at the time the district is	23705
created. A county, township, or municipal corporation owning real	23706
property in the district is not a member of the district unless	23707
such entity specifically requested in writing that its property	23708
be included in the district.	23709

The identity and address of the owners shall be determined	23710
for any particular action of the nonprofit corporation that	23711
governs the district, including notice of meetings of the	23712
district, no more than sixty days prior to the date of the	23713
action, from the most current records available at the county	23714
auditor's office. For purposes of this chapter, the persons shown	23715
on such records as having common or joint ownership interests in	23716
a parcel of real property collectively shall constitute the owner	23717
of the real property.	23718

(B) A member may file a written statement with the district's	23719
secretary at least three days prior to any meeting of the entire	23720
membership of the district to appoint a proxy to carry out the	23721
member's rights and responsibilities under this chapter at that	23722
meeting.	23723

(C) A member also may appoint a designee to carry out the	23724
member's rights and responsibilities under this chapter by filing	23725
a written designation form with the district's secretary. This	23726
form shall include the name and address of the member, the name	23727
and address of the designee, and the expiration date, if any, of	23728
the designation and may authorize the designee to vote at any	23729
meeting of the district.	23730

(D) A proxy or designee need not be an elector or resident of	23731
any participating political subdivision of the district or a	23732
member of the district. The appointment of a proxy or a designee	23733
may be changed by filing a new form with the district's secretary.	23734
The most current form filed with the secretary is the valid	23735
appointment. Service of any notice upon a proxy or designee at the	23736
proxy's or designee's address as shown on that form satisfies any	23737
requirements for notification of the member.	23738

Sec. 1710.04. (A) A special improvement district created	23739
under this chapter shall be governed by the board of directors of	23740
the special improvement district. The board shall consist of at	23741
least five directors. The board shall include a person appointed	23742
by the legislative authority of each participating political	23743
subdivision and the municipal executive of each municipal	23744
corporation with territory within the boundaries of the special	23745
improvement district. The remainder of the board's members shall	23746
be members of the district. Except for the municipal executives	23747
and the appointees of the legislative authorities, and except as	23748
otherwise provided in this division, members of the board of	23749
directors shall be elected at a meeting of the entire membership	23750
of the district. The initial election of directors may occur at	23751
the first meeting of the entire membership of the district after	23752
its creation. All subsequent elections shall be held at a November	23753
meeting of the membership.	23754

Each municipal executive may designate one person who is an	23755
employee of the municipal corporation involved with its planning	23756
or economic development functions to serve in the municipal	23757
executive's stead. This designee shall serve at the pleasure of	23758
the municipal executive.	23759

In the case of a district created by an existing qualified	23760
nonprofit corporation, the corporation's board of trustees or	23761
other governing board, however denominated, shall be the board of	23762
directors of the special improvement district for the purposes of	23763
this chapter. The election of directors otherwise required by this	23764
division shall not be required, and the requirement that municipal	23765
executives and appointees of the legislative authorities be	23766
members of the district's board of directors may be satisfied by	23767
the membership on the corporation's governing board of	23768
representatives of such participating political subdivisions, or	23769
may be waived if approved by resolution of the legislative	23770
authorities of the participating political subdivisions.	23771

(B) A director may file a written statement with the	23772
district's secretary at least three days prior to any meeting of	23773
the board to have a person act as proxy to carry out the	23774
director's rights and responsibilities under this chapter at that	23775
meeting.	23776

A director may also appoint a designee to carry out the	23777
director's rights and responsibilities under this chapter by	23778
filing a written designation form with the district's secretary.	23779
This form shall include the name and address of the director, the	23780
name and address of the designee, and the expiration date, if any,	23781
of the designation.	23782

A proxy or designee need not be an elector or resident of a	23783
participating political subdivision of the district or a member of	23784
the district. The appointment of a proxy or designee may be	23785
changed by filing a new form with the district's secretary. The	23786
most current form filed with the secretary is the valid	23787
appointment. Service of any notice upon a proxy or designee at the	23788
proxy's or designee's address as shown on that form satisfies any	23789
requirements for notification of the director.	23790

(C) Notice of the time, date, place, and agenda for any	23791
meeting of the board of directors shall be by written notice to	23792
each director, transmitted by certified mail, personal service, or	23793
electronic device prior to the meeting. If possible, the notice	23794
shall be served at least one week prior to the meeting.	23795

The board shall act by a majority vote of those present and	23796
authorized to vote at any meeting where proper notice has been	23797
served.	23798

(D) The board shall elect a chairperson, vice-chairperson,	23799
secretary, and treasurer of the board. These officers shall serve	23800
at the board's pleasure. A director may be elected to more than	23801
one office, except that the director elected as treasurer shall	23802
not be elected to any other office of the board.	23803

By the first day of March of each year, the treasurer shall	23804
submit to each member of the district and to the municipal	23805
executive, chief fiscal officer, and legislative authority of each	23806
municipal corporation with territory within the boundaries of the	23807
special improvement district and the board of township trustees of	23808
each township with territory within the boundaries of the special	23809
improvement district, a report of the district's activities and	23810
financial condition for the previous year.	23811

(E) Divisions (B), (C), and (D) of this section do not apply	23812
to a district created by an existing qualified nonprofit	23813
corporation to the extent those divisions are not consistent with	23814
the regulations of the corporation, in which case the regulations	23815
of the corporation shall govern.	23816

Sec. 1710.06. (A) The board of directors of a special	23817
improvement district may develop and adopt one or more written	23818
plans for public improvements or public services that benefit all	23819
or any part of the district. Each plan shall set forth the	23820
specific public improvements or public services that are to be	23821
provided, identify the area in which they will be provided, and	23822
specify the method of assessment to be used. Each plan for public	23823
improvements or public services shall indicate the period of time	23824
the assessments are to be levied for the improvements and services	23825
and, if public services are included in the plan, the period of	23826
time the services are to remain in effect. Plans for public	23827
improvements may include the planning, design, construction,	23828
reconstruction, enlargement, or alteration of any public	23829
improvements and the acquisition of land for the improvements.	23830
Plans for public improvements or public services may also include,	23831
but are not limited to, provisions for the following:	23832

(1) Creating and operating the district and the nonprofit	23833
corporation under this chapter, including hiring employees and	23834
professional services, contracting for insurance, and purchasing	23835
or leasing office space and office equipment and other	23836
requirements of the district;	23837

(2) Planning, designing, and implementing a public	23838
improvements or public services plan, including hiring	23839
architectural, engineering, legal, appraisal, insurance, and	23840
planning services, and, for public services, managing, protecting,	23841
and maintaining public and private facilities, including public	23842
improvements;	23843

(3) Conducting court proceedings to carry out this chapter;

23844

(4) Paying damages resulting from the provision of public	23845
improvements or public services and implementing the plans;	23846

(5) Paying the costs of issuing, paying interest on, and	23847
redeeming notes and bonds issued for funding public improvements	23848
and public services plans.	23849

(B) Once the board of directors adopts a plan, it shall	23850
submit the plan to the legislative authority of each participating	23851
political subdivision and the municipal executive of each	23852
municipal corporation in which the district is located, if any.	23853
The legislative authorities and municipal executives shall review	23854
the plan and, within sixty days after receiving it, may submit	23855
their comments and recommendations about it to the district. After	23856
reviewing these comments and recommendations, the board of	23857
directors may amend the plan. It may then submit the plan, amended	23858
or otherwise, in the form of a petition to members of the district	23859
whose property may be assessed for the plan. Once the petition is	23860
signed by those members who own at least sixty per cent of the	23861
front footage of property that is to be assessed and that abuts	23862
upon a street, alley, public road, place, boulevard, parkway, park	23863
entrance, easement, or other public improvement, or those members	23864
who own at least seventy-five per cent of the area to be assessed	23865
for the improvement or service, the petition may be submitted to	23866
each legislative authority for approval.	23867

Each legislative authority shall, by resolution, approve or	23868
reject the petition within sixty days after receiving it. If the	23869
petition is approved by the legislative authority of each	23870
participating political subdivision, the plan contained in the	23871
petition shall be effective at the earliest date on which a	23872
nonemergency resolution of the legislative authority with the	23873
latest effective date may become effective. A plan may not be	23874
resubmitted to the legislative authorities and municipal	23875
executives more than three times in any twelve-month period.	23876

(C) Each participating political subdivision shall levy, by	23877
special assessment upon specially benefited property located	23878
within the district, the costs of any public improvements or	23879
public services plan contained in a petition approved by the	23880
participating political subdivisions under this section or	23881
division (F) of section 1710.02 of the Revised Code. The levy	23882
shall be made in accordance with the procedures set forth in	23883
Chapter 727. of the Revised Code, except that:	23884

(1) The assessment for each improvements or services plan may	23885
be levied by any one or any combination of the methods of	23886
assessment listed in section 727.01 of the Revised Code, provided	23887
that the assessment is uniformly applied.	23888

(2) For the purpose of levying an assessment, the board of	23889
directors may combine one or more improvements or services plans	23890
or parts of plans and levy a single assessment against specially	23891
benefited property.	23892

(3) For purposes of special assessments levied by a township	23893
pursuant to this chapter, references in Chapter 727. of the	23894
Revised Code to the municipal corporation shall be deemed to refer	23895
to the township, and references to the legislative authority of	23896
the municipal corporation shall be deemed to refer to the board of	23897
township trustees.	23898

Church property or property owned by a political subdivision,	23899
including any participating political subdivision in which a	23900
special improvement district is located, shall be included in and	23901
be subject to special assessments made pursuant to a plan adopted	23902
under this section or division (F) of section 1710.02 of the	23903
Revised Code, if the church or political subdivision has	23904
specifically requested in writing that its property be included	23905
within the special improvement district and the church or	23906
political subdivision is a member of the district or, in the case	23907
of a district created by an existing qualified nonprofit	23908
corporation, if the church is a member of the corporation.	23909

(D) All rights and privileges of property owners who are	23910
assessed under Chapter 727. of the Revised Code shall be granted	23911
to property owners assessed under this chapter, including those	23912
rights and privileges specified in sections 727.15 to 727.17 and	23913
727.18 to 727.22 of the Revised Code and the right to notice of	23914
the resolution of necessity and the filing of the estimated	23915
assessment under section 727.13 of the Revised Code. Property	23916
owners assessed for public services under this chapter shall have	23917
the same rights and privileges as property owners assessed for	23918
public improvements under this chapter.	23919

Sec. 1710.10. (A) When a participating political subdivision	23920
contracts to provide improvements or services to a special	23921
improvement district, the participating political subdivision	23922
shall charge only its additional cost of providing the improvement	23923
or service, without any allocation of overhead costs, fixed costs,	23924
or assignment of costs at rates higher than those at which the	23925
participating political subdivision assigns costs for similar	23926
improvements or services for political subdivision purposes.	23927

(B) ~~Any~~Except in the case of a district created by an	23928
existing qualified nonprofit corporation, any law enforcement or	23929
fire protection service to be provided under a district's public	23930
service plan shall be provided only by contract with a	23931
participating political subdivision of the district. ~~The~~In the	23932
case of a district created by an existing qualified nonprofit	23933
corporation, the corporation may provide law enforcement service	23934
as provided under section 1702.80 of the Revised Code.	23935

The district shall reimburse the participating political	23936
subdivision for any additional cost incurred in providing that	23937
law enforcement or fire protection service. This additional cost	23938
shall not include any overhead, fixed costs, or assignment of	23939
costs at rates higher than those at which the political	23940
subdivision assigns costs for these services for political	23941
subdivision purposes.	23942

(C) Any liability for providing fire or police services under	23943
this section by a participating political subdivision shall remain	23944
with the participating political subdivision and shall not be	23945
assumed by the district.	23946

Sec. 1710.13. ~~The~~This section does not apply to a special	23947
improvement district created by an existing qualified nonprofit	23948
corporation.	23949

The process for dissolving a special improvement district or	23950
repealing an improvements or services plan may be initiated by a	23951
petition signed by members of the district who own at least twenty	23952
per cent of the appraised value of the real property located in	23953
the district, excluding church property or real property owned by	23954
the federal government, the state, or a county, township, or	23955
municipal corporation, unless the church, county, township, or	23956
municipal corporation has specifically requested in writing that	23957
the property be included in the district, and filed with the	23958
municipal executive, if any, and the legislative authorities of	23959
all the participating political subdivisions of the district. As	23960
used in this section, "appraised value" means the taxable value	23961
established by the county auditor for purposes of real estate	23962
taxation.	23963

No later than forty-five days after such a petition is filed,	23964
the members of the district shall meet to consider it. Notice of	23965
the meeting shall be given as provided in section 1710.05 of the	23966
Revised Code. Upon the affirmative vote of members who	23967
collectively own more than fifty per cent of the appraised value	23968
of the real property in the district that may be subject to	23969
assessment under division (C) of section 1710.06 of the Revised	23970
Code, the district shall be dissolved, or the plan shall be	23971
repealed, as applicable.	23972

No rights or obligations of any person under any contract, or	23973
in relation to any bonds, notes, or assessments made under this	23974
chapter, shall be affected by the dissolution of the district or	23975
the repeal of a plan, except with the consent of that person or by	23976
order of a court with jurisdiction over the matter. Upon	23977
dissolution of a district, any assets or rights of the district,	23978
after payment of all bonds, notes, or other obligations of the	23979
district, shall be deposited in a special account in the treasury	23980
of each participating political subdivision, prorated among all	23981
participating political subdivisions to reflect the percentage of	23982
the district's territory within that political subdivision, to be	23983
used for the benefit of the territory that made up the district.	23984

Once the members have approved the repeal of a plan, all	23985
bonds, notes, and other obligations of the district associated	23986
with the plan shall be paid. Thereafter, the plan shall be	23987
repealed. Upon receipt of proof that all bonds, notes, and other	23988
obligations have been paid and that the plan has been repealed,	23989
the participating political subdivisions shall terminate any	23990
levies imposed to pay for costs of the plan.	23991

Sec. 1739.05. (A) A multiple employer welfare arrangement	23992
that is created pursuant to sections 1739.01 to 1739.22 of the	23993
Revised Code and that operates a group self-insurance program may	23994
be established only if any of the following applies:	23995

(1) The arrangement has and maintains a minimum enrollment of	23996
three hundred employees of two or more employers.	23997

(2) The arrangement has and maintains a minimum enrollment of	23998
three hundred self-employed individuals.	23999

(3) The arrangement has and maintains a minimum enrollment of	24000
three hundred employees or self-employed individuals in any	24001
combination of divisions (A)(1) and (2) of this section.	24002

(B) A multiple employer welfare arrangement that is created	24003
pursuant to sections 1739.01 to 1739.22 of the Revised Code and	24004
that operates a group self-insurance program shall comply with all	24005
laws applicable to self-funded programs in this state, including	24006
sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381	24007
to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14,	24008
3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.63,	24009
3923.80, 3924.031, 3924.032, and 3924.27 of the Revised Code.	24010

(C) A multiple employer welfare arrangement created pursuant	24011
to sections 1739.01 to 1739.22 of the Revised Code shall solicit	24012
enrollments only through agents or solicitors licensed pursuant to	24013
Chapter 3905. of the Revised Code to sell or solicit sickness and	24014
accident insurance.	24015

(D) A multiple employer welfare arrangement created pursuant	24016
to sections 1739.01 to 1739.22 of the Revised Code shall provide	24017
benefits only to individuals who are members, employees of	24018
members, or the dependents of members or employees, or are	24019
eligible for continuation of coverage under section 1751.53 or	24020
3923.38 of the Revised Code or under Title X of the "Consolidated	24021
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29	24022
U.S.C.A. 1161, as amended.	24023

Sec. 1751.03. (A) Each application for a certificate of	24024
authority under this chapter shall be verified by an officer or	24025
authorized representative of the applicant, shall be in a format	24026
prescribed by the superintendent of insurance, and shall set forth	24027
or be accompanied by the following:	24028

(1) A certified copy of the applicant's articles of	24029
incorporation and all amendments to the articles of incorporation;	24030

(2) A copy of any regulations adopted for the government of	24031
the corporation, any bylaws, and any similar documents, and a copy	24032
of all amendments to these regulations, bylaws, and documents. The	24033
corporate secretary shall certify that these regulations, bylaws,	24034
documents, and amendments have been properly adopted or approved.	24035

(3) A list of the names, addresses, and official positions of	24036
the persons responsible for the conduct of the applicant,	24037
including all members of the board, the principal officers, and	24038
the person responsible for completing or filing financial	24039
statements with the department of insurance, accompanied by a	24040
completed original biographical affidavit and release of	24041
information for each of these persons on forms acceptable to the	24042
department;	24043

(4) A full and complete disclosure of the extent and nature	24044
of any contractual or other financial arrangement between the	24045
applicant and any provider or a person listed in division (A)(3)	24046
of this section, including, but not limited to, a full and	24047
complete disclosure of the financial interest held by any such	24048
provider or person in any health care facility, provider, or	24049
insurer that has entered into a financial relationship with the	24050
health insuring corporation;	24051

(5) A description of the applicant, its facilities, and its	24052
personnel, including, but not limited to, the location, hours of	24053
operation, and telephone numbers of all contracted facilities;	24054

(6) The applicant's projected annual enrollee population over	24055
a three-year period;	24056

(7) A clear and specific description of the health care plan	24057
or plans to be used by the applicant, including a description of	24058
the proposed providers, procedures for accessing care, and the	24059
form of all proposed and existing contracts relating to the	24060
administration, delivery, or financing of health care services;	24061

(8) A copy of each type of evidence of coverage and	24062
identification card or similar document to be issued to	24063
subscribers;	24064

(9) A copy of each type of individual or group policy,	24065
contract, or agreement to be used;	24066

(10) The schedule of the proposed contractual periodic	24067
prepayments or premium rates, or both, accompanied by appropriate	24068
supporting data;	24069

(11) A financial plan which provides a three-year projection	24070
of operating results, including the projected expenses, income,	24071
and sources of working capital;	24072

(12) The enrollee complaint procedure to be utilized as	24073
required under section 1751.19 of the Revised Code;	24074

(13) A description of the procedures and programs to be	24075
implemented on an ongoing basis to assure the quality of health	24076
care services delivered to enrollees, including, if applicable, a	24077
description of a quality assurance program complying with the	24078
requirements of sections 1751.73 to 1751.75 of the Revised Code;	24079

(14) A statement describing the geographic area or areas to	24080
be served, by county;	24081

(15) A copy of all solicitation documents;

24082

(16) A balance sheet and other financial statements showing	24083
the applicant's assets, liabilities, income, and other sources of	24084
financial support;	24085

(17) A description of the nature and extent of any	24086
reinsurance program to be implemented, and a demonstration that	24087
errors and omission insurance and, if appropriate, fidelity	24088
insurance, will be in place upon the applicant's receipt of a	24089
certificate of authority;	24090

(18) Copies of all proposed or in force related-party or	24091
intercompany agreements with an explanation of the financial	24092
impact of these agreements on the applicant. If the applicant	24093
intends to enter into a contract for managerial or administrative	24094
services, with either an affiliated or an unaffiliated person, the	24095
applicant shall provide a copy of the contract and a detailed	24096
description of the person to provide these services. The	24097
description shall include that person's experience in managing or	24098
administering health care plans, a copy of that person's most	24099
recent audited financial statement, and a completed biographical	24100
affidavit on a form acceptable to the superintendent for each of	24101
that person's principal officers and board members and for any	24102
additional employee to be directly involved in providing	24103
managerial or administrative services to the health insuring	24104
corporation. If the person to provide managerial or administrative	24105
services is affiliated with the health insuring corporation, the	24106
contract must provide for payment for services based on actual	24107
costs.	24108

(19) A statement from the applicant's board that the admitted	24109
assets of the applicant have not been and will not be pledged or	24110
hypothecated;	24111

(20) A statement from the applicant's board that the	24112
applicant will submit monthly financial statements during the	24113
first year of operations;	24114

(21) The name and address of the applicant's Ohio statutory	24115
agent for service of process, notice, or demand;	24116

(22) Copies of all documents the applicant filed with the	24117
secretary of state;	24118

(23) The location of those books and records of the applicant	24119
that must be maintained, which books and records shall be	24120
maintained in Ohio if the applicant is a domestic corporation, and	24121
which may be maintained either in the applicant's state of	24122
domicile or in Ohio if the applicant is a foreign corporation;	24123

(24) The applicant's federal identification number, corporate	24124
address, and mailing address;	24125

(25) An internal and external organizational chart;

24126

(26) A list of the assets representing the initial net worth	24127
of the applicant;	24128

(27) If the applicant has a parent company, the parent	24129
company's guaranty, on a form acceptable to the superintendent,	24130
that the applicant will maintain Ohio's minimum net worth. If no	24131
parent company exists, a statement regarding the availability of	24132
future funds if needed.	24133

(28) The names and addresses of the applicant's actuary and	24134
external auditors;	24135

(29) If the applicant is a foreign corporation, a copy of the	24136
most recent financial statements filed with the insurance	24137
regulatory agency in the applicant's state of domicile;	24138

(30) If the applicant is a foreign corporation, a statement	24139
from the insurance regulatory agency of the applicant's state of	24140
domicile stating that the regulatory agency has no objection to	24141
the applicant applying for an Ohio license and that the applicant	24142
is in good standing in the applicant's state of domicile;	24143

(31) Any other information that the superintendent may	24144
require;	24145

(32) Documentation acceptable to the superintendent of the	24146
bond or securities required by section 1751.271 of the Revised	24147
Code.	24148

(B)(1) A health insuring corporation, unless otherwise	24149
provided for in this chapter or in section 3901.321 of the Revised	24150
Code, shall file a timely notice with the superintendent	24151
describing any change to the corporation's articles of	24152
incorporation or regulations, or any major modification to its	24153
operations as set out in the information required by division (A)	24154
of this section that affects any of the following:	24155

(a) The solvency of the health insuring corporation;

24156

(b) The health insuring corporation's continued provision of	24157
services that it has contracted to provide;	24158

(c) The manner in which the health insuring corporation	24159
conducts its business.	24160

(2) If the change or modification is to be the result of an	24161
action to be taken by the health insuring corporation, the notice	24162
shall be filed with the superintendent prior to the health	24163
insuring corporation taking the action. The action shall be deemed	24164
approved if the superintendent does not disapprove it within sixty	24165
days of filing.	24166

(3) The filing of a notice pursuant to division (B)(1) or (2)	24167
of this section shall also serve as the submission of a notice	24168
when required for the superintendent's review for purposes of	24169
section 3901.341 of the Revised Code, if the notice contains all	24170
of the information that section 3901.341 of the Revised Code	24171
requires for such submissions and a copy of any written agreement.	24172
The filing of such a notice, for the purpose of satisfying this	24173
division and section 3901.341 of the Revised Code, shall be	24174
subject to the sixty-day review period of division (B)(2) of this	24175
section.	24176

(C)(1) No health insuring corporation shall expand its	24177
approved service area until a copy of the request for expansion,	24178
accompanied by documentation of the network of providers, forms of	24179
all proposed or existing provider contracts relating to the	24180
delivery of health care services, a schedule of proposed	24181
contractual periodic prepayments and premium rates for group	24182
contracts accompanied by appropriate supporting data, enrollment	24183
projections, plan of operation, and any other changes have been	24184
filed with the superintendent.	24185

(2) ~~Within ten calendar days after receipt of a complete~~	24186
~~filing under division (C)(1) of this section, the superintendent~~	24187
~~shall refer the appropriate jurisdictional issues to the director~~	24188
~~of health if required pursuant to section 1751.04 of the Revised~~	24189
~~Code.~~	24190

~~(3)~~ Within seventy-five days after the superintendent's	24191
receipt of a complete filing under division (C)(1) of this	24192
section, the superintendent shall determine whether the plan for	24193
expansion is lawful, fair, and reasonable. ~~If a referral is~~	24194
~~required pursuant to section 1751.04 of the Revised Code, the~~	24195
~~superintendent may not make a determination until the~~	24196
~~superintendent has received the director's certification of~~	24197
~~compliance, which the director shall furnish within forty-five~~	24198
~~days after the referral under division (C)(2) of this section. The~~	24199
~~director shall not certify that the requirements of section~~	24200
~~1751.04 of the Revised Code are not met, unless the applicant has~~	24201
~~been given an opportunity for a hearing as provided in division~~	24202
~~(D) of section 1751.04 of the Revised Code. The forty-five-day and~~	24203
~~seventy-five-day review periods provided for in division (C)(3) of~~	24204
~~this section shall cease to run as of the date on which the notice~~	24205
~~of the applicant's right to request a hearing is mailed and shall~~	24206
~~remain suspended until the director issues a final certification.~~	24207

~~(4)~~ If the superintendent has not approved or disapproved all	24208
or a portion of a service area expansion within the	24209
seventy-five-day period ~~provided for in division (C)(3) of this~~	24210
~~section~~, the filing shall be deemed approved.	24211

~~(5)~~(3) Disapproval of all or a portion of the filing shall be	24212
effected by written notice, which shall state the grounds for the	24213
order of disapproval and shall be given in accordance with Chapter	24214
119. of the Revised Code.	24215

Sec. 1751.04. (A) Except as provided by division ~~(F)~~(D) of	24216
this section, upon the receipt by the superintendent of insurance	24217
of a complete application for a certificate of authority to	24218
establish or operate a health insuring corporation, which	24219
application sets forth or is accompanied by the information and	24220
documents required by division (A) of section 1751.03 of the	24221
Revised Code, the superintendent shall ~~transmit copies of the~~	24222
~~application and accompanying documents to the director of health.~~	24223

~~(B) The director shall~~ review the application and	24224
accompanying documents and make findings as to whether the	24225
applicant for a certificate of authority has done all of the	24226
following with respect to any basic health care services and	24227
supplemental health care services to be furnished:	24228

(1) Demonstrated the willingness and potential ability to	24229
ensure that all basic health care services and supplemental health	24230
care services described in the evidence of coverage will be	24231
provided to all its enrollees as promptly as is appropriate and in	24232
a manner that assures continuity;	24233

(2) Made effective arrangements to ensure that its enrollees	24234
have reliable access to qualified providers in those specialties	24235
that are generally available in the geographic area or areas to be	24236
served by the applicant and that are necessary to provide all	24237
basic health care services and supplemental health care services	24238
described in the evidence of coverage;	24239

(3) Made appropriate arrangements for the availability of	24240
short-term health care services in emergencies within the	24241
geographic area or areas to be served by the applicant,	24242
twenty-four hours per day, seven days per week, and for the	24243
provision of adequate coverage whenever an out-of-area emergency	24244
arises;	24245

(4) Made appropriate arrangements for an ongoing evaluation	24246
and assurance of the quality of health care services provided to	24247
enrollees, including, if applicable, the development of a quality	24248
assurance program complying with the requirements of sections	24249
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	24250
personnel, facilities, and equipment by or through which the	24251
services are rendered;	24252

(5) Developed a procedure to gather and report statistics	24253
relating to the cost and effectiveness of its operations, the	24254
pattern of utilization of its services, and the quality,	24255
availability, and accessibility of its services.	24256

~~(C) Within ninety days of the director's receipt of~~(B) Based	24257
upon the information provided in the application for issuance of a	24258
certificate of authority, the ~~director shall certify to the~~	24259
superintendent shall determine whether or not the applicant meets	24260
the requirements of division ~~(B)~~(A) of this section ~~and sections~~	24261
~~3702.51 to 3702.62 of the Revised Code~~. If the ~~director certifies~~	24262
superintendent determines that the applicant does not meet these	24263
requirements, the ~~director~~superintendent shall specify in what	24264
respects it is deficient. However, the ~~director~~superintendent	24265
shall not ~~certify that~~deny an application because the	24266
requirements of this section are not met unless the applicant has	24267
been given an opportunity for a hearing on that issue.	24268

~~(D)~~(C) If the applicant requests a hearing, the ~~director~~	24269
superintendent shall hold a hearing before ~~certifying that~~	24270
denying an application because the applicant does not meet the	24271
requirements of this section. The hearing shall be held in	24272
accordance with Chapter 119. of the Revised Code.	24273

~~(E) The ninety-day review period provided for under division~~	24274
~~(C) of this section shall cease to run as of the date on which the~~	24275
~~notice of the applicant's right to request a hearing is mailed and~~	24276
~~shall remain suspended until the director issues a final~~	24277
~~certification order.~~	24278

~~(F)~~(D) Nothing in this section requires the ~~director~~	24279
superintendent to review or make findings with regard to an	24280
application and accompanying documents to establish or operate	24281
any of the following:	24282

(1) A health insuring corporation to cover solely medicaid	24283
recipients;	24284

(2) A health insuring corporation to cover solely medicare	24285
beneficiaries;	24286

(3) A health insuring corporation to cover solely medicaid	24287
recipients and medicare beneficiaries;	24288

(4) A health insuring corporation to cover solely	24289
participants of the children's buy-in program;	24290

(5) A health insuring corporation to cover solely medicaid	24291
recipients and participants of the children's buy-in program;	24292

(6) A health insuring corporation to cover solely medicaid	24293
recipients, medicare beneficiaries, and participants of the	24294
children's buy-in program.	24295

Sec. 1751.05. (A) The superintendent of insurance shall	24296
issue or deny a certificate of authority to ~~health insuring~~	24297
~~corporations within the deadlines specified as follows:~~	24298

~~(1) For~~ a health insuring corporation filing an application	24299
pursuant to section 1751.03 of the Revised Code, ~~forty-five days~~	24300
~~from the superintendent's receipt of the certification from the~~	24301
~~director of health under division (C) of section 1751.04 of the~~	24302
~~Revised Code;~~	24303

~~(2) One~~one hundred thirty-five days from the	24304
superintendent's receipt of a complete application and	24305
accompanying documents ~~if the health insuring corporation is to~~	24306
~~cover solely the following:~~	24307

~~(a) Medicaid recipients;~~

24308

~~(b) Medicare beneficiaries;~~

24309

~~(c) Medicaid recipients and medicare beneficiaries;~~

24310

~~(d) Participants of the children's buy-in program;~~

24311

~~(e) Medicaid recipients and participants of the children's~~	24312
~~buy-in program;~~	24313

~~(f) Medicaid recipients, medicare beneficiaries, and~~	24314
~~participants of the children's buy-in program~~.	24315

(B) A certificate of authority shall be issued upon payment	24316
of the application fee prescribed in section 1751.44 of the	24317
Revised Code if the superintendent is satisfied that the following	24318
conditions are met:	24319

(1) The persons responsible for the conduct of the affairs of	24320
the applicant are competent, trustworthy, and possess good	24321
reputations.	24322

(2) The ~~director certifies~~superintendent determines, in	24323
accordance with division ~~(C)~~(B) of section 1751.04 of the Revised	24324
Code, that the organization's proposed plan of operation meets	24325
the requirements of division ~~(B)~~(A) of that section ~~and sections~~	24326
~~3702.51 to 3702.62 of the Revised Code~~. ~~If, after the director~~	24327
~~has certified compliance, the application is amended in a manner~~	24328
~~that affects its approval under section 1751.04 of the Revised~~	24329
~~Code, the superintendent shall request the director to review and~~	24330
~~recertify the amended plan of operation. Within forty-five days~~	24331
~~of receipt of the amended plan from the superintendent, the~~	24332
~~director shall certify to the superintendent, pursuant to section~~	24333
~~1751.04 of the Revised Code, whether or not the amended plan~~	24334
~~meets the requirements of section 1751.04 of the Revised Code.~~	24335
~~The superintendent's forty-five-day review period shall cease to~~	24336
~~run as of the date on which the amended plan is transmitted to~~	24337
~~the director and shall remain suspended until the superintendent~~	24338
~~receives a new certification from the director.~~	24339

(3) The applicant constitutes an appropriate mechanism to	24340
effectively provide or arrange for the provision of the basic	24341
health care services, supplemental health care services, or	24342
specialty health care services to be provided to enrollees.	24343

(4) The applicant is financially responsible, complies with	24344
section 1751.28 of the Revised Code, and may reasonably be	24345
expected to meet its obligations to enrollees and prospective	24346
enrollees. In making this determination, the superintendent may	24347
consider:	24348

(a) The financial soundness of the applicant's arrangements	24349
for health care services, including the applicant's proposed	24350
contractual periodic prepayments or premiums and the use of	24351
copayments and deductibles;	24352

(b) The adequacy of working capital;

24353

(c) Any agreement with an insurer, a government, or any other	24354
person for insuring the payment of the cost of health care	24355
services or providing for automatic applicability of an	24356
alternative coverage in the event of discontinuance of the health	24357
insuring corporation's operations;	24358

(d) Any agreement with providers or health care facilities	24359
for the provision of health care services;	24360

(e) Any deposit of securities submitted in accordance with	24361
section 1751.27 of the Revised Code as a guarantee that the	24362
obligations will be performed.	24363

(5) The applicant has submitted documentation of an	24364
arrangement to provide health care services to its enrollees until	24365
the expiration of the enrollees' contracts with the applicant if a	24366
health care plan or the operations of the health insuring	24367
corporation are discontinued prior to the expiration of the	24368
enrollees' contracts. An arrangement to provide health care	24369
services may be made by using any one, or any combination, of the	24370
following methods:	24371

(a) The maintenance of insolvency insurance;

24372

(b) A provision in contracts with providers and health care	24373
facilities, but no health insuring corporation shall rely solely	24374
on such a provision for more than thirty days;	24375

(c) An agreement with other health insuring corporations or	24376
insurers, providing enrollees with automatic conversion rights	24377
upon the discontinuation of a health care plan or the health	24378
insuring corporation's operations;	24379

(d) Such other methods as approved by the superintendent.

24380

(6) Nothing in the applicant's proposed method of operation,	24381
as shown by the information submitted pursuant to section 1751.03	24382
of the Revised Code or by independent investigation, will cause	24383
harm to an enrollee or to the public at large, as determined by	24384
the superintendent.	24385

(7) Any deficiencies ~~certified~~identified by the ~~director~~	24386
superintendent under section 1751.04 of the Revised Code have been	24387
corrected.	24388

(8) The applicant has deposited securities as set forth in	24389
section 1751.27 of the Revised Code.	24390

(C) If an applicant elects to fulfill the requirements of	24391
division ~~(A)~~(B)(5) of this section through an agreement with other	24392
health insuring corporations or insurers, the agreement shall	24393
require those health insuring corporations or insurers to give	24394
thirty days' notice to the superintendent prior to cancellation or	24395
discontinuation of the agreement for any reason.	24396

(D) A certificate of authority shall be denied only after	24397
compliance with the requirements of section 1751.36 of the Revised	24398
Code.	24399

Sec. 1751.14. (A) ~~Any~~Notwithstanding section 3901.71 of the	24400
Revised Code, any policy, contract, or agreement for health care	24401
services authorized by this chapter that is issued, delivered, or	24402
renewed in this state and that provides that coverage of an	24403
unmarried dependent child will terminate upon attainment of the	24404
limiting age for dependent children specified in the policy,	24405
contract, or agreement, shall also provide in substance ~~that~~both	24406
of the following:	24407

(1) That the limiting age shall not be less than twenty-nine	24408
years of age if all of the following are true:	24409

(a) The child is a resident of this state or a full-time	24410
student at an accredited public or private institution of higher	24411
education.	24412

(b) The child is not employed by an employer that offers any	24413
health benefit plan under which the child is eligible for	24414
coverage.	24415

(c) The child is not eligible for coverage under the medicaid	24416
program established under Chapter 5111. of the Revised Code or the	24417
medicare program established under Title XVIII of the "Social	24418
Security Act," 42 U.S.C. 1395.	24419

(2) That attainment of the limiting age shall not operate to	24420
terminate the coverage of the child if the child is and continues	24421
to be both of the following:	24422

~~(1)~~(a) Incapable of self-sustaining employment by reason of	24423
mental retardation or physical handicap;	24424

~~(2)~~(b) Primarily dependent upon the subscriber for support	24425
and maintenance.	24426

(B) Proof of incapacity and dependence for purposes of	24427
division (A) of this section shall be furnished to the health	24428
insuring corporation within thirty-one days of the child's	24429
attainment of the limiting age. Upon request, but not more	24430
frequently than annually, the health insuring corporation may	24431
require proof satisfactory to it of the continuance of such	24432
incapacity and dependency.	24433

(C) Nothing in this section shall require a health insuring	24434
corporation to cover a dependent child's children as dependents	24435
on the policy, contract, or agreement of the parent or legal	24436
guardian of the dependent.	24437

(D) This section does not apply to any health insuring	24438
corporation policy, contract, or agreement offering only	24439
supplemental health care services or specialty health care	24440
services.	24441

(E) A health insuring corporation that offers	24442
employer-sponsored policies, contracts, or agreements shall	24443
separately identify any additional premium costs for coverage of	24444
dependent children who are not described in division (A)(2) of	24445
this section and are either nineteen to twenty-three years of age	24446
and are not full-time students or are twenty-four years of age or	24447
older. Nothing in this section shall be construed to require an	24448
employer to offer coverage to the dependents of any employee.	24449

(F) As used in this section, "health benefit plan" has the	24450
same meaning as in section 3924.01 of the Revised Code and also	24451
includes both of the following:	24452

(1) A public employee benefit plan;

24453

(2) A health benefit plan as regulated under the "Employee	24454
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	24455

Sec. 1751.15. (A) After a health insuring corporation has	24456
furnished, directly or indirectly, basic health care services for	24457
a period of twenty-four months, and if it currently meets the	24458
financial requirements set forth in section 1751.28 of the Revised	24459
Code and had net income as reported to the superintendent of	24460
insurance for at least one of the preceding four calendar	24461
quarters, it shall hold an annual open enrollment period of not	24462
less than thirty days during its month of licensure for	24463
individuals who are not federally eligible individuals at the time	24464
they apply for enrollment.	24465

(B) During the open enrollment period described in division	24466
(A) of this section, the health insuring corporation shall accept	24467
applicants and their dependents in the order in which they apply	24468
for enrollment and in accordance with any of the following:	24469

(1) Up to its capacity, as determined by the health insuring	24470
corporation subject to review by the superintendent;	24471

(2) If less than its capacity, ~~one~~the health insuring	24472
corporation shall not be required to accept applicants under this	24473
section if the total number of subscribers covered by the health	24474
insuring corporation under this section and section 3923.581 of	24475
the Revised Code exceeds four and one-half per cent of the health	24476
insuring corporation's total number of subscribers residing in	24477
this state as of the immediately preceding thirty-first day of	24478
December.	24479

(C) Premiums charged to individuals for open enrollment	24480
coverage under this section shall not exceed an amount that is one	24481
and one-half times the base rate for coverage offered to any other	24482
individual to which the health insuring corporation is currently	24483
accepting new business, and for which similar copayments and	24484
deductibles are applied.	24485

(D) Where a health insuring corporation demonstrates to the	24486
satisfaction of the superintendent that such open enrollment would	24487
jeopardize its economic viability, the superintendent may do any	24488
of the following:	24489

(1) Waive the requirement for open enrollment;

24490

(2) Impose a limit on the number of applicants and their	24491
dependents that must be enrolled;	24492

(3) Authorize such underwriting restrictions upon open	24493
enrollment as are necessary to do any of the following:	24494

(a) Preserve its financial stability;

24495

(b) Prevent excessive adverse selection;

24496

(c) Avoid unreasonably high or unmarketable charges for	24497
coverage of health care services.	24498

~~(D)~~(E)(1) A request to the superintendent under division	24499
~~(C)~~(D) of this section for any restriction, limit, or waiver	24500
during an open enrollment period must be accompanied by	24501
supporting documentation, including financial data. In reviewing	24502
the request, the superintendent may consider various factors,	24503
including the size of the health insuring corporation, the health	24504
insuring corporation's net worth and profitability, the health	24505
insuring corporation's delivery system structure, and the effect	24506
on profitability of prior open enrollments.	24507

(2) Any action taken by the superintendent under division	24508
~~(C)~~(D) of this section shall be effective for a period of not	24509
more than one year. At the expiration of such time, a new	24510
demonstration of the health insuring corporation's need for the	24511
restriction, limit, or waiver shall be made before a new	24512
restriction, limit, or waiver is granted by the superintendent.	24513

(3) Irrespective of the granting of any restriction, limit,	24514
or waiver by the superintendent, a health insuring corporation may	24515
reject an applicant or a dependent of the applicant during its	24516
open enrollment period if the applicant or dependent:	24517

(a) Was eligible for and was covered under any	24518
employer-sponsored health care coverage, or if employer-sponsored	24519
health care coverage was available at the time of open enrollment;	24520

(b) Is eligible for continuation coverage under state or	24521
federal law;	24522

(c) Is eligible for medicare, and the health insuring	24523
corporation does not have an agreement on appropriate payment	24524
mechanisms with the governmental agency administering the medicare	24525
program.	24526

~~(E)~~(F) A health insuring corporation shall not be required	24527
either to enroll applicants or their dependents who are confined	24528
to a health care facility because of chronic illness, permanent	24529
injury, or other infirmity that would cause economic impairment to	24530
the health insuring corporation if such applicants or their	24531
dependents were enrolled or to make the effective date of benefits	24532
for applicants or their dependents enrolled under this section	24533
earlier than ninety days after the date of enrollment.	24534

~~(F)~~(G) A health insuring corporation shall not be required to	24535
cover the fees or costs, or both, for any basic health care	24536
service related to a transplant of a body organ if the transplant	24537
occurs within one year after the effective date of an enrollee's	24538
coverage under this section. This limitation on coverage does not	24539
apply to a newly born child who meets the requirements for	24540
coverage under section 1751.61 of the Revised Code.	24541

~~(G)~~(H) Each health insuring corporation required to hold an	24542
open enrollment pursuant to division (A) of this section shall	24543
file with the superintendent, not later than sixty days prior to	24544
the commencement of the proposed open enrollment period, the	24545
following documents:	24546

(1) The proposed public notice of open enrollment;

24547

(2) The evidence of coverage approved pursuant to section	24548
1751.11 of the Revised Code that will be used during open	24549
enrollment;	24550

(3) The contractual periodic prepayment and premium rate	24551
approved pursuant to this section and section 1751.12 of the	24552
Revised Code that will be applicable during open enrollment;	24553

(4) Any solicitation document approved pursuant to section	24554
1751.31 of the Revised Code to be sent to applicants, including	24555
the application form that will be used during open enrollment;	24556

(5) A list of the proposed dates of publication of the public	24557
notice, and the names of the newspapers in which the notice will	24558
appear;	24559

(6) Any request for a restriction, limit, or waiver with	24560
respect to the open enrollment period, along with any supporting	24561
documentation.	24562

~~(H)~~(I)(1) An open enrollment period shall not satisfy the	24563
requirements of this section unless the health insuring	24564
corporation provides adequate public notice in accordance with	24565
divisions ~~(H)~~(I)(2) and (3) of this section. No public notice	24566
shall be used until the form of the public notice has been filed	24567
by the health insuring corporation with the superintendent. If	24568
the superintendent does not disapprove the public notice within	24569
sixty days after it is filed, it shall be deemed approved, unless	24570
the superintendent sooner gives approval for the public notice.	24571
If the superintendent determines within this sixty-day period	24572
that the public notice fails to meet the requirements of this	24573
section, the superintendent shall so notify the health insuring	24574
corporation and it shall be unlawful for the health insuring	24575
corporation to use the public notice. Such disapproval shall be	24576
effected by a written order, which shall state the grounds for	24577
disapproval and shall be issued in accordance with Chapter 119.	24578
of the Revised Code.	24579

(2) A public notice pursuant to division ~~(H)~~(I)(1) of this	24580
section shall be published in at least one newspaper of general	24581
circulation in each county in the health insuring corporation's	24582
service area, at least once in each of the two weeks immediately	24583
preceding the month in which the open enrollment is to occur and	24584
in each week of that month, or until the enrollment limitation is	24585
reached, whichever occurs first. The notice published during the	24586
last week of open enrollment shall appear not less than five days	24587
before the end of the open enrollment period. It shall be at least	24588
two newspaper columns wide or two and one-half inches wide,	24589
whichever is larger. The first two lines of the text shall be	24590
published in not less than twelve-point, boldface type. The	24591
remainder of the text of the notice shall be published in not less	24592
than eight-point type. The entire public notice shall be	24593
surrounded by a continuous black line not less than one-eighth of	24594
an inch wide.	24595

(3) The following information shall be included in the public	24596
notice provided under division ~~(H)~~(I)(2) of this section:	24597

(a) The dates that open enrollment will be held and the date	24598
coverage obtained under the open enrollment will become effective;	24599

(b) Notice that an applicant or the applicant's dependents	24600
will not be denied coverage during open enrollment because of a	24601
preexisting health condition, but that some limitations and	24602
restrictions may apply;	24603

24604

(d) The telephone number that a person may call to request an	24605
application or to ask questions;	24606

(e) The date the first payment will be due;

24607

(f) The actual rates or range of rates that will be	24608
applicable for applicants;	24609

(g) Any limitation granted by the superintendent on the	24610
number of applications that will be accepted by the health	24611
insuring corporation.	24612

(4) Within thirty days after the end of an open enrollment	24613
period, the health insuring corporation shall submit to the	24614
superintendent proof of publication for the public notices, and	24615
shall report the total number of applicants and their dependents	24616
enrolled during the open enrollment period.	24617

~~(I)~~(J)(1) No health insuring corporation may employ any	24618
scheme, plan, or device that restricts the ability of any person	24619
to enroll during open enrollment.	24620

(2) No health insuring corporation may require enrollment to	24621
be made in person. Every health insuring corporation shall permit	24622
application for coverage by mail. A representative of the health	24623
insuring corporation may visit an applicant who has submitted an	24624
application by mail, in order to explain the operations of the	24625
health insuring corporation and to answer any questions the	24626
applicant may have. Every health insuring corporation shall make	24627
open enrollment applications and solicitation documents readily	24628
available to any potential applicant who requests such material.	24629

~~(J)~~(K) An application postmarked on the last day of an open	24630
enrollment period shall qualify as a valid application, regardless	24631
of the date on which it is received by the health insuring	24632
corporation.	24633

~~(K)~~(L) This section does not apply to any of the following:

24634

(1) Any health insuring corporation that offers only	24635
supplemental health care services or specialty health care	24636
services;	24637

(2) Any health insuring corporation that offers plans only	24638
through medicare, medicaid, or the children's buy-in program and	24639
that has no other commercial enrollment;	24640

(3) Any health insuring corporation that offers plans only	24641
through other federal health care programs regulated by federal	24642
regulatory bodies and that has no other commercial enrollment;	24643

(4) Any health insuring corporation that offers plans only	24644
through contracts covering officers or employees of the state that	24645
have been entered into by the department of administrative	24646
services and that has no other commercial enrollment.	24647

~~(L)~~(M) Each health insuring corporation shall accept	24648
federally eligible individuals for open enrollment coverage as	24649
provided in section 3923.581 of the Revised Code. A health	24650
insuring corporation may reinsure coverage of any federally	24651
eligible individual acquired under that section with the open	24652
enrollment reinsurance program in accordance with division (G) of	24653
section 3924.11 of the Revised Code. Fixed periodic prepayment	24654
rates charged for coverage reinsured by the program shall be	24655
established in accordance with section 3924.12 of the Revised	24656
Code.	24657

~~(M)~~(N) As used in this section~~, "federally~~:

24658

(1) "Base rate" means, as to any health benefit plan that is	24659
issued by a health insuring corporation in the individual market,	24660
the lowest premium rate for new or existing business prescribed by	24661
the health insuring corporation for the same or similar coverage	24662
under a plan or arrangement covering any individual with similar	24663
case characteristics.	24664

(2) "Federally eligible individual" means an eligible	24665
individual as defined in 45 C.F.R. 148.103.	24666

Sec. 1751.16. (A) Except as provided in division (F) of this	24667
section, every group contract issued by a health insuring	24668
corporation shall provide an option for conversion to an	24669
individual contract issued on a direct-payment basis to any	24670
subscriber covered by the group contract who terminates employment	24671
or membership in the group, unless:	24672

(1) Termination of the conversion option or contract is based	24673
upon nonpayment of premium after reasonable notice in writing has	24674
been given by the health insuring corporation to the subscriber.	24675

(2) The subscriber is, or is eligible to be, covered for	24676
benefits at least comparable to the group contract under any of	24677
the following:	24678

(a) Medicare;

24679

(b) Any act of congress or law under this or any other state	24680
of the United States providing coverage at least comparable to the	24681
benefits under division (A)(2)(a) of this section;	24682

(c) Any policy of insurance or health care plan providing	24683
coverage at least comparable to the benefits under division	24684
(A)(2)(a) of this section.	24685

(B)(1) The direct-payment contract offered by the health	24686
insuring corporation pursuant to division (A) of this section	24687
shall provide the following:	24688

(a) In the case of an individual who is not a federally	24689
eligible individual, benefits comparable to benefits in any of the	24690
individual contracts then being issued to individual subscribers	24691
by the health insuring corporation;	24692

(b) In the case of a federally eligible individual, a basic	24693
and standard plan established ~~by the board of directors of the~~	24694
~~Ohio health reinsurance program~~under section 3924.10 of the	24695
Revised Code or plans substantially similar to the basic and	24696
standard plan in benefit design and scope of covered services. For	24697
purposes of division (B)(1)(b) of this section, the	24698
superintendent of insurance shall determine whether a plan is	24699
substantially similar to the basic or standard plan in benefit	24700
design and scope of covered services. The contractual periodic	24701
prepayments charged for such plans may not exceed an amount that	24702
is ~~two~~one and one-half times the ~~midpoint of the standard~~base	24703
rate charged any other individual of a group to which the	24704
organization is currently accepting new business and for which	24705
similar copayments and deductibles are applied.	24706

(2) The direct payment contract offered pursuant to division	24707
(A) of this section may include a coordination of benefits	24708
provision as approved by the superintendent.	24709

(3) For purposes of division (B) of this section ~~"federally~~:

24710

(a) "Federally eligible individual" means an eligible	24711
individual as defined in 45 C.F.R. 148.103.	24712

(b) "Base rate" means, as to any health benefit plan that is	24713
issued by a health insuring corporation in the individual market,	24714
the lowest premium rate for new or existing business prescribed by	24715
the health insuring corporation for the same or similar coverage	24716
under a plan or arrangement covering any individual with similar	24717
case characteristics.	24718

24719

(1) Upon the death of the subscriber, to the surviving spouse	24720
with respect to such of the spouse and dependents as are then	24721
covered by the group contract;	24722

(2) To a child solely with respect to the child upon the	24723
child's attaining the limiting age of coverage under the group	24724
contract while covered as a dependent under the contract;	24725

(3) Upon the divorce, dissolution, or annulment of the	24726
marriage of the subscriber, to the divorced spouse, or, in the	24727
event of annulment, to the former spouse of the subscriber.	24728

(D) No health insuring corporation shall use age or health	24729
status as the basis for refusing to renew a converted contract.	24730

(E) Written notice of the conversion option provided by this	24731
section shall be given to the subscriber by the health insuring	24732
corporation by mail. The notice shall be sent to the subscriber's	24733
address in the records of the employer upon receipt of notice from	24734
the employer of the event giving rise to the conversion option. If	24735
the subscriber has not received notice of the conversion privilege	24736
at least fifteen days prior to the expiration of the thirty-day	24737
conversion period, then the subscriber shall have an additional	24738
period within which to exercise the privilege. This additional	24739
period shall expire fifteen days after the subscriber receives	24740
notice, but in no event shall the period extend beyond sixty days	24741
after the expiration of the thirty-day conversion period.	24742

(F) This section does not apply to any group contract	24743
offering only supplemental health care services or specialty	24744
health care services.	24745

Sec. 1751.19. (A) A health insuring corporation shall	24746
establish and maintain a complaint system that has been approved	24747
by the superintendent of insurance to provide adequate and	24748
reasonable procedures for the expeditious resolution of written	24749
complaints initiated by subscribers or enrollees concerning any	24750
matter relating to services provided, directly or indirectly, by	24751
the health insuring corporation, including, but not limited to,	24752
complaints regarding cancellations or nonrenewals of coverage.	24753
Complaints regarding a health insuring corporation's decision to	24754
deny, reduce, or terminate coverage for health care services are	24755
subject to section 1751.83 of the Revised Code.	24756

(B) A health insuring corporation shall provide a timely	24757
written response to each written complaint it receives.	24758

(C)(1) Copies of complaints and responses, including medical	24759
records related to those complaints, shall be available to the	24760
superintendent ~~and the director of health~~ for inspection for three	24761
years. Any document or information provided to the superintendent	24762
pursuant to this division that contains a medical record is	24763
confidential, and is not a public record subject to section 149.43	24764
of the Revised Code.	24765

(2) Notwithstanding division (C)(1) of this section, the	24766
superintendent may share documents and information that contain a	24767
medical record in connection with the investigation or prosecution	24768
of any illegal or criminal activity with the chief deputy	24769
rehabilitator, the chief deputy liquidator, other deputy	24770
rehabilitators and liquidators, and any other person employed by,	24771
or acting on behalf of, the superintendent pursuant to Chapter	24772
3901. or 3903. of the Revised Code, with other local, state,	24773
federal, and international regulatory and law enforcement	24774
agencies, with local, state, and federal prosecutors, and with the	24775
national association of insurance commissioners and its affiliates	24776
and subsidiaries, provided that the recipient agrees to maintain	24777
the confidential or privileged status of the confidential or	24778
privileged document or information and has authority to do so.	24779

(3) Nothing in this section shall prohibit the superintendent	24780
from receiving documents and information in accordance with	24781
section 3901.045 of the Revised Code.	24782

(4) The superintendent may enter into agreements governing	24783
the sharing and use of documents and information consistent with	24784
the requirements of this section.	24785

(5) No waiver of any applicable privilege or claim of	24786
confidentiality in the documents and information described in	24787
division (C)(1) of this section occurs as a result of sharing or	24788
receiving documents and information as authorized in divisions	24789
(C)(2) and (3) of this section.	24790

(D) A health insuring corporation shall establish and	24791
maintain a procedure to accept complaints over the telephone or in	24792
person. These complaints are not subject to the reporting	24793
requirement under division (C) of section 1751.32 of the Revised	24794
Code.	24795

(E) A health insuring corporation may comply with this	24796
section and section 1751.83 of the Revised Code by establishing	24797
one system for receiving and reviewing complaints and requests for	24798
internal review from enrollees and subscribers if the system meets	24799
the requirements of both sections.	24800

Sec. 1751.32. Each health insuring corporation, annually, on	24801
or before the first day of March, shall file a report with the	24802
superintendent of insurance ~~and the director of health~~, covering	24803
the preceding calendar year.	24804

The report shall be verified by an officer of the health	24805
insuring corporation, shall be in the form the superintendent	24806
prescribes, and shall include:	24807

(A) A financial statement of the health insuring corporation,	24808
including its balance sheet and receipts and disbursements for the	24809
preceding year, which reflect, at a minimum:	24810

(1) All premium rate and other payments received for health	24811
care services rendered;	24812

(2) Expenditures with respect to all categories of providers,	24813
facilities, insurance companies, and other persons engaged to	24814
fulfill obligations of the health insuring corporation arising out	24815
of its health care policies, contracts, certificates, and	24816
agreements;	24817

(3) Expenditures for capital improvements or additions	24818
thereto, including, but not limited to, construction, renovation,	24819
or purchase of facilities and equipment.	24820

(B) A description of the enrollee population and composition,	24821
group and nongroup;	24822

(C) A summary of enrollee written complaints and their	24823
disposition;	24824

(D) A statement of the number of subscriber policies,	24825
contracts, certificates, and agreements that have been terminated	24826
by action of the health insuring corporation, including the number	24827
of enrollees affected;	24828

(E) A summary of the information compiled pursuant to	24829
division (B)(5) of section 1751.04 of the Revised Code;	24830

(F) A current report of the names and addresses of the	24831
persons responsible for the conduct of the affairs of the health	24832
insuring corporation as required by section 1751.03 of the Revised	24833
Code. Additionally, the report shall include the amount of wages,	24834
expense reimbursements, and other payments to these persons for	24835
services to the health insuring corporation, and shall include a	24836
full disclosure of the financial interests related to the	24837
operations of the health insuring corporation acquired by these	24838
persons during the preceding year.	24839

(G) An actuarial opinion in the form prescribed by the	24840
superintendent by rule;	24841

(H) Any other information relating to the performance of the	24842
health insuring corporation that is necessary to enable the	24843
superintendent to carry out the superintendent's duties under this	24844
chapter.	24845

Sec. 1751.321. Each health insuring corporation, annually,	24846
on or before the first day of June, shall file with the	24847
superintendent of insurance ~~and the director of health~~ an audit	24848
report certified by an independent certified public accountant	24849
covering the preceding calendar year. The report shall be verified	24850
by an officer of the health insuring corporation and shall be in	24851
the form prescribed by the superintendent by rule.	24852

Sec. 1751.34. (A) Each health insuring corporation and each	24853
applicant for a certificate of authority under this chapter shall	24854
be subject to examination by the superintendent of insurance in	24855
accordance with section 3901.07 of the Revised Code. Section	24856
3901.07 of the Revised Code shall govern every aspect of the	24857
examination, including the circumstances under and frequency with	24858
which it is conducted, the authority of the superintendent and any	24859
examiner or other person appointed by the superintendent, the	24860
liability for the assessment of expenses incurred in conducting	24861
the examination, and the remittance of the assessment to the	24862
superintendent's examination fund.	24863

(B) The ~~director of health~~superintendent shall make an	24864
examination concerning the matters subject to the ~~director's~~	24865
superintendent's consideration in section 1751.04 of the Revised	24866
Code as often as the ~~director~~superintendent considers it	24867
necessary for the protection of the interests of the people of	24868
this state~~, but not less frequently than once every three years~~.	24869
The expenses of such examinations shall be assessed against the	24870
health insuring corporation being examined in the manner in which	24871
expenses of examinations are assessed against an insurance	24872
company under section 3901.07 of the Revised Code. Nothing in	24873
this division requires the ~~director~~superintendent to make an	24874
examination of any of the following:	24875

(1) A health insuring corporation that covers solely medicaid	24876
recipients;	24877

(2) A health insuring corporation that covers solely	24878
medicare beneficiaries;	24879

(3) A health insuring corporation that covers solely	24880
medicaid recipients and medicare beneficiaries;	24881

(4) A health insuring corporation that covers solely	24882
participants of the children's buy-in program;	24883

(5) A health insuring corporation that covers solely medicaid	24884
recipients and participants of the children's buy-in program;	24885

(6) A health insuring corporation that covers solely medicaid	24886
recipients, medicare beneficiaries, and participants of the	24887
children's buy-in program.	24888

(C) An examination, pursuant to section 3901.07 of the	24889
Revised Code, of an insurance company holding a certificate of	24890
authority under this chapter to organize and operate a health	24891
insuring corporation shall include an examination of the health	24892
insuring corporation pursuant to this section and the examination	24893
shall satisfy the requirements of divisions (A) and (B) of this	24894
section.	24895

(D) The superintendent may conduct market conduct	24896
examinations pursuant to section 3901.011 of the Revised Code of	24897
any health insuring corporation as often as the superintendent	24898
considers it necessary for the protection of the interests of	24899
subscribers and enrollees. The expenses of such market conduct	24900
examinations shall be assessed against the health insuring	24901
corporation being examined. All costs, assessments, or fines	24902
collected under this division shall be paid into the state	24903
treasury to the credit of the department of insurance operating	24904
fund.	24905

Sec. 1751.35. (A) The superintendent of insurance may	24906
suspend or revoke any certificate of authority issued to a health	24907
insuring corporation under this chapter if the superintendent	24908
finds that:	24909

(1) The health insuring corporation is operating in	24910
contravention of its articles of incorporation, its health care	24911
plan or plans, or in a manner contrary to that described in and	24912
reasonably inferred from any other information submitted under	24913
section 1751.03 of the Revised Code, unless amendments to such	24914
submissions have been filed and have taken effect in compliance	24915
with this chapter.	24916

(2) The health insuring corporation fails to issue evidences	24917
of coverage in compliance with the requirements of section 1751.11	24918
of the Revised Code.	24919

(3) The contractual periodic prepayments or premium rates	24920
used do not comply with the requirements of section 1751.12 of the	24921
Revised Code.	24922

(4) The health insuring corporation enters into a contract,	24923
agreement, or other arrangement with any health care facility or	24924
provider, that does not comply with the requirements of section	24925
1751.13 of the Revised Code, or the corporation fails to provide	24926
an annual certificate as required by section 1751.13 of the	24927
Revised Code.	24928

(5) The ~~director of health has certified~~superintendent	24929
determines, after a hearing conducted in accordance with Chapter	24930
119. of the Revised Code, that the health insuring corporation no	24931
longer meets the requirements of section 1751.04 of the Revised	24932
Code.	24933

(6) The health insuring corporation is no longer financially	24934
responsible and may reasonably be expected to be unable to meet	24935
its obligations to enrollees or prospective enrollees.	24936

(7) The health insuring corporation has failed to implement	24937
the complaint system that complies with the requirements of	24938
section 1751.19 of the Revised Code.	24939

(8) The health insuring corporation, or any agent or	24940
representative of the corporation, has advertised, merchandised,	24941
or solicited on its behalf in contravention of the requirements of	24942
section 1751.31 of the Revised Code.	24943

(9) The health insuring corporation has unlawfully	24944
discriminated against any enrollee or prospective enrollee with	24945
respect to enrollment, disenrollment, or price or quality of	24946
health care services.	24947

(10) The continued operation of the health insuring	24948
corporation would be hazardous or otherwise detrimental to its	24949
enrollees.	24950

(11) The health insuring corporation has submitted false	24951
information in any filing or submission required under this	24952
chapter or any rule adopted under this chapter.	24953

(12) The health insuring corporation has otherwise failed to	24954
substantially comply with this chapter or any rule adopted under	24955
this chapter.	24956

(13) The health insuring corporation is not operating a	24957
health care plan.	24958

(14) The health insuring corporation has failed to comply	24959
with any of the requirements of sections 1751.77 to 1751.88 of the	24960
Revised Code.	24961

(B) A certificate of authority shall be suspended or revoked	24962
only after compliance with the requirements of Chapter 119. of the	24963
Revised Code.	24964

(C) When the certificate of authority of a health insuring	24965
corporation is suspended, the health insuring corporation, during	24966
the period of suspension, shall not enroll any additional	24967
subscribers or enrollees except newborn children or other newly	24968
acquired dependents of existing subscribers or enrollees, and	24969
shall not engage in any advertising or solicitation whatsoever.	24970

(D) When the certificate of authority of a health insuring	24971
corporation is revoked, the health insuring corporation, following	24972
the effective date of the order of revocation, shall conduct no	24973
further business except as may be essential to the orderly	24974
conclusion of the affairs of the health insuring corporation. The	24975
health insuring corporation shall engage in no further advertising	24976
or solicitation whatsoever. The superintendent, by written order,	24977
may permit such further operation of the health insuring	24978
corporation as the superintendent may find to be in the best	24979
interest of enrollees, to the end that enrollees will be afforded	24980
the greatest practical opportunity to obtain continuing health	24981
care coverage.	24982

Sec. 1751.36. (A) When the superintendent of insurance has	24983
cause to believe that grounds for the denial of an application for	24984
a certificate of authority exist, or that grounds for the	24985
suspension or revocation of a certificate of authority exist, the	24986
superintendent shall notify the applicant or health insuring	24987
corporation ~~and the director of health~~ in writing, specifically	24988
stating the grounds for the denial, suspension, or revocation and	24989
setting a date of at least thirty days after the notification for	24990
a hearing on the matter.	24991

(B) ~~The recommendations and findings of the director of~~	24992
~~health with respect to matters subject to the director's~~	24993
~~consideration under section 1751.04 of the Revised Code, provided~~	24994
~~in connection with any decision regarding the denial, suspension,~~	24995
~~or revocation of a certificate of authority, shall be reviewed and~~	24996
~~considered by the superintendent.~~ After the hearing authorized by	24997
division (A) of this section, or upon the failure of the applicant	24998
or health insuring corporation to appear at the hearing, the	24999
superintendent shall take such action as in accordance with law	25000
and the evidence. The action shall be set out in written findings	25001
which shall be mailed to the applicant or health insuring	25002
corporation ~~with a copy to the director of health~~. The action of	25003
the superintendent is subject to review in accordance with Chapter	25004
119. of the Revised Code~~, except that a certification by the~~	25005
~~director under division (D) of section 1751.04 or division (A)(5)~~	25006
~~of section 1751.35 of the Revised Code that was made in accordance~~	25007
~~with Chapter 119. of the Revised Code shall be final as to the~~	25008
~~matters certified~~.	25009

(C) Chapter 119. of the Revised Code applies to proceedings	25010
under this section to the extent that it is not in conflict with	25011
divisions (A) and (B) of this section.	25012

Sec. 1751.45. (A) In lieu of the suspension or revocation of	25013
a certificate of authority under section 1751.35 of the Revised	25014
Code, the superintendent of insurance, pursuant to an adjudication	25015
hearing initiated and conducted in accordance with Chapter 119. of	25016
the Revised Code, or by consent of the health insuring corporation	25017
without an adjudication hearing, may levy an administrative	25018
penalty. The administrative penalty shall be in an amount	25019
determined by the superintendent, but the administrative penalty	25020
shall not exceed one hundred thousand dollars per violation.	25021
Additionally, the superintendent may require the health insuring	25022
corporation to correct any deficiency that may be the basis for	25023
the suspension or revocation of the health insuring corporation's	25024
certificate of authority. All penalties collected shall be paid	25025
into the state treasury to the credit of the department of	25026
insurance operating fund.	25027

(B) If the superintendent ~~or the director of health~~ for any	25028
reason has cause to believe that any violation of this chapter has	25029
occurred or is threatened, the superintendent ~~or the director~~ may	25030
give notice to the health insuring corporation and to the	25031
representatives or other persons who appear to be involved in the	25032
suspected violation to arrange a conference with the suspected	25033
violators or their authorized representatives for the purpose of	25034
attempting to ascertain the facts relating to the suspected	25035
violation, and, if it appears that any violation has occurred or	25036
is threatened, to arrive at an adequate and effective means of	25037
correcting or preventing the violation.	25038

Proceedings under this division shall not be covered by any	25039
formal procedural requirements, and may be conducted in the manner	25040
the superintendent ~~or the director of health~~ may consider	25041
appropriate under the circumstances.	25042

(C)(1) The superintendent may issue an order directing a	25043
health insuring corporation or a representative of the health	25044
insuring corporation to cease and desist from engaging in any act	25045
or practice in violation of this chapter. Within thirty days after	25046
service of the order to cease and desist, the respondent may	25047
request a hearing on the question of whether acts or practices in	25048
violation of this chapter have occurred. Such hearings shall be	25049
conducted in accordance with Chapter 119. of the Revised Code and	25050
judicial review shall be available as provided by that chapter.	25051

(2) If the superintendent has reasonable cause to believe	25052
that an order issued pursuant to this division has been violated	25053
in whole or in part, the superintendent may request the attorney	25054
general to commence and prosecute any appropriate action or	25055
proceeding in the name of the state against the violators in the	25056
court of common pleas of Franklin county. The court in any such	25057
action or proceeding may levy civil penalties, not to exceed one	25058
hundred thousand dollars per violation, in addition to any other	25059
appropriate relief, including requiring a violator to pay the	25060
expenses reasonably incurred by the superintendent in enforcing	25061
the order. The penalties and fees collected under this division	25062
shall be paid into the state treasury to the credit of the	25063
department of insurance operating fund.	25064

Sec. 1751.46. (A) The superintendent of insurance ~~and the~~	25065
~~director of health~~ may contract with qualified persons to make	25066
recommendations concerning the determinations required to be made	25067
by the superintendent ~~or the director~~ relative to an expansion of	25068
a service area pursuant to division (C) of section 1751.03 of the	25069
Revised Code, an application for a certificate of authority	25070
pursuant to sections 1751.04 and 1751.05 of the Revised Code, a	25071
contractual periodic prepayment or premium rate pursuant to	25072
section 1751.12 of the Revised Code, and an examination pursuant	25073
to division (B) of section 1751.34 of the Revised Code. The	25074
recommendations may be accepted in full or in part, or may be	25075
rejected, by the superintendent ~~or director~~.	25076

The total cost of a contract with a qualified person pursuant	25077
to this division shall represent the fair market value of the	25078
services provided and shall be borne by the health insuring	25079
corporation that is the subject of the determination required to	25080
be made by the superintendent ~~or the director~~.	25081

(B) No qualified person placed on contract by the	25082
superintendent ~~or the director~~ pursuant to division (A) of this	25083
section shall have a conflict of interest with the department of	25084
insurance~~, the department of health,~~ or the health insuring	25085
corporation.	25086

Sec. 1751.48. ~~(A)~~ The superintendent of insurance may adopt	25087
rules as are necessary to carry out the provisions of this	25088
chapter. These rules shall be adopted in accordance with Chapter	25089
119. of the Revised Code.	25090

~~(B) The director of health may make recommendations to the~~	25091
~~superintendent for rules that are necessary to enable the director~~	25092
~~to carry out the director's responsibilities under this chapter,~~	25093
~~including rules that prescribe standards relating to the~~	25094
~~requirements set forth in division (B) of section 1751.04 of the~~	25095
~~Revised Code. In adopting any rules pertaining to the director's~~	25096
~~responsibilities, the superintendent shall consider the~~	25097
~~recommendations of the director.~~	25098

Sec. 1751.831. The superintendent of insurance shall	25099
establish and maintain a system for receiving and reviewing	25100
requests for review from or on behalf of enrollees who, under	25101
section 1751.83 of the Revised Code, have been denied coverage of	25102
a health care service or had coverage reduced or terminated when	25103
the grounds for the denial, reduction, or termination is that the	25104
service is not a service covered under the terms of the enrollee's	25105
policy, contract, or agreement.	25106

On receipt of a written request from an enrollee or	25107
authorized person, the superintendent shall consider whether the	25108
health care service is a service covered under the terms of the	25109
enrollee's policy, contract, or agreement, except that the	25110
superintendent shall not conduct a review under this section	25111
unless the enrollee has exhausted the health insuring	25112
corporation's internal review process established pursuant to	25113
section 1751.83 of the Revised Code. The health insuring	25114
corporation and the enrollee or authorized person shall provide	25115
the superintendent with any information required by the	25116
superintendent that is in their possession and is germane to the	25117
review.	25118

Unless the superintendent is not able to do so because making	25119
the determination requires resolution of a medical issue, the	25120
superintendent shall determine whether the health care service at	25121
issue is a service covered under the terms of the enrollee's	25122
contract, policy, or agreement. The superintendent shall notify	25123
the enrollee, or authorized person, and the health insuring	25124
corporation of the superintendent's determination or that the	25125
superintendent is not able to make a determination.	25126

If the superintendent notifies the health insuring	25127
corporation that making the determination requires the resolution	25128
of a medical issue, the health insuring corporation shall ~~afford~~	25129
~~the enrollee an opportunity for~~initiate an external review under	25130
section 1751.84 or 1751.85 of the Revised Code. If the	25131
superintendent notifies the health insuring corporation that the	25132
health service is a covered service, the health insuring	25133
corporation shall ~~either~~ cover the service ~~or afford the enrollee~~	25134
~~an opportunity for an external review under section 1751.84 or~~	25135
~~1751.85 of the Revised Code~~. If the superintendent notifies the	25136
health insuring corporation that the health care service is not a	25137
covered service, the health insuring corporation is not required	25138
to cover the service or afford the enrollee an external review.	25139

Sec. 1751.84. (A) Except as provided in divisions (B) and	25140
(C) of this section, a health insuring corporation shall afford an	25141
enrollee an opportunity for an external review if both of the	25142
following are the case:	25143

(1) The health insuring corporation has denied, reduced, or	25144
terminated coverage for what would be a covered health care	25145
service except for the fact that the health insuring corporation	25146
has determined that the health care service is not medically	25147
necessary;	25148

(2) Except in the case of an expedited review, the service,	25149
plus any ancillary services and follow-up care, will cost the	25150
enrollee more than five hundred dollars if the proposed service is	25151
not covered by the health insuring corporation.	25152

External review shall be conducted in accordance with this	25153
section, except that if an enrollee with a terminal condition	25154
meets all of the criteria of division (A) of section 1751.85 of	25155
the Revised Code, an external review shall be conducted under that	25156
section.	25157

(B) An enrollee need not be afforded a review under this	25158
section in any of the following circumstances:	25159

(1) The superintendent of insurance has determined under	25160
section 1751.831 of the Revised Code that the health care service	25161
is not a service covered under the terms of the enrollee's policy,	25162
contract, or agreement.	25163

(2) Except as provided in section 1751.811 of the Revised	25164
Code, the enrollee has failed to exhaust the health insuring	25165
corporation's internal review process established pursuant to	25166
section 1751.83 of the Revised Code.	25167

(3) The enrollee has previously been afforded an external	25168
review for the same adverse determination and no new clinical	25169
information has been submitted to the health insuring corporation.	25170

(C)(1) ~~A health insuring corporation may deny a request for~~	25171
~~an external review of an adverse determination if it is requested~~	25172
~~later than sixty days after the enrollee's receipt of notice of~~	25173
~~the result of an internal review brought under section 1751.83 of~~	25174
~~the Revised Code.~~ An external review may be requested by the	25175
enrollee, an authorized person, the enrollee's provider, or a	25176
health care facility rendering health care service to the	25177
enrollee. The enrollee may request a review without the approval	25178
of the provider or the health care facility rendering the health	25179
care service. The provider or health care facility may not request	25180
a review without the prior consent of the enrollee.	25181

(2) An external review must be requested in writing, except	25182
that if the enrollee has a condition that requires expedited	25183
review, the review may be requested orally or by electronic means.	25184
When an oral or electronic request for review is made, written	25185
confirmation of the request shall be submitted to the health	25186
insuring corporation not later than five days after the oral or	25187
written request is submitted.	25188

Except in the case of an expedited review, a request for an	25189
external review must be accompanied by written certification from	25190
the enrollee's provider or the health care facility rendering the	25191
health care service to the enrollee that the proposed service,	25192
plus any ancillary services and follow-up care, will cost the	25193
enrollee more than five hundred dollars if the proposed service is	25194
not covered by the health insuring corporation.	25195

(3) For an expedited review, the enrollee's provider must	25196
certify that the enrollee's condition could, in the absence of	25197
immediate medical attention, result in any of the following:	25198

(a) Placing the health of the enrollee or, with respect to a	25199
pregnant woman, the health of the enrollee or the unborn child, in	25200
serious jeopardy;	25201

(b) Serious impairment to bodily functions;

25202

25203

(D) The procedures used in conducting an external review of	25204
an adverse determination shall include all of the following:	25205

(1) The review shall be conducted by an independent review	25206
organization assigned by the superintendent of insurance under	25207
section 3901.80 of the Revised Code.	25208

(2) Except as provided in division (D)(3) and (4) of this	25209
section, neither the clinical peer nor any health care facility	25210
with which the clinical peer is affiliated shall have any	25211
professional, familial, or financial affiliation with any of the	25212
following:	25213

(a) The health insuring corporation or any officer, director,	25214
or managerial employee of the health insuring corporation;	25215

(b) The enrollee, the enrollee's provider, or the practice	25216
group of the enrollee's provider;	25217

(c) The health care facility at which the health care service	25218
requested by the enrollee would be provided;	25219

(d) The development or manufacture of the principal drug,	25220
device, procedure, or therapy proposed for the enrollee.	25221

(3) Division (D)(2) of this section does not prohibit a	25222
clinical peer from conducting a review under any of the following	25223
circumstances:	25224

(a) The clinical peer is affiliated with an academic medical	25225
center that provides health care services to enrollees of the	25226
health insuring corporation.	25227

(b) The clinical peer has staff privileges at a health care	25228
facility that provides health care services to enrollees of the	25229
health insuring corporation.	25230

(c) The clinical peer is a participating provider but was not	25231
involved with the health insuring corporation's adverse	25232
determination.	25233

(4) Division (D)(2) of this section does not prohibit the	25234
health insuring corporation from paying the independent review	25235
organization for the conduct of the review.	25236

(5) An enrollee shall not be required to pay for any part of	25237
the cost of the review. The cost of the review shall be borne by	25238
the health insuring corporation.	25239

(6)(a) The health insuring corporation shall provide to the	25240
independent review organization conducting the review a copy of	25241
those records in its possession that are relevant to the	25242
enrollee's medical condition and the review. The records shall be	25243
used solely for the purpose of this division.	25244

At the request of the independent review organization, the	25245
health insuring corporation, enrollee, or the provider or health	25246
care facility rendering health care services to the enrollee shall	25247
provide any additional information the independent review	25248
organization requests to complete the review. A request for	25249
additional information may be made in writing, orally, or by	25250
electronic means. The independent review organization shall submit	25251
the request to the enrollee and health insuring corporation. If a	25252
request is submitted orally or by electronic means to an enrollee	25253
or health insuring corporation, not later than five days after the	25254
request is submitted, the independent review organization shall	25255
provide written confirmation of the request. If the review was	25256
initiated by a provider or health care facility, a copy of the	25257
request shall be submitted to the provider or health care	25258
facility.	25259

(b) An independent review organization is not required to	25260
make a decision if it has not received any requested information	25261
that it considers necessary to complete a review. An independent	25262
review organization that does not make a decision for this reason	25263
shall notify the enrollee and the health insuring corporation that	25264
a decision is not being made. The notice may be made in writing,	25265
orally, or by electronic means. An oral or electronic notice shall	25266
be confirmed in writing not later than five days after the oral or	25267
electronic notice is made. If the review was initiated by a	25268
provider or health care facility, a copy of the notice shall be	25269
submitted to the provider or health care facility.	25270

(7) The health insuring corporation may elect to cover the	25271
service requested and terminate the review. The health insuring	25272
corporation shall notify the enrollee and all other parties	25273
involved with the decision by mail or, with the consent or	25274
approval of the enrollee, by electronic means.	25275

(8) In making its decision, an independent review	25276
organization conducting the review shall take into account all of	25277
the following:	25278

(a) Information submitted by the health insuring corporation,	25279
the enrollee, the enrollee's provider, and the health care	25280
facility rendering the health care service, including the	25281
following:	25282

(i) The enrollee's medical records;

25283

(ii) The standards, criteria, and clinical rationale used by	25284
the health insuring corporation to make its decision.	25285

(b) Findings, studies, research, and other relevant documents	25286
of government agencies and nationally recognized organizations,	25287
including the national institutes of health or any board	25288
recognized by the national institutes of health, the national	25289
cancer institute, the national academy of sciences, the United	25290
States food and drug administration, the health care financing	25291
administration of the United States department of health and human	25292
services, and the agency for health care policy and research;	25293

(c) Relevant findings in peer-reviewed medical or scientific	25294
literature, published opinions of nationally recognized medical	25295
experts, and clinical guidelines adopted by relevant national	25296
medical societies.	25297

(9)(a) In the case of an expedited review, the independent	25298
review organization shall issue a written decision not later than	25299
seven days after the filing of the request for review. In all	25300
other cases, the independent review organization shall issue a	25301
written decision not later than thirty days after the filing of	25302
the request. The independent review organization shall send a copy	25303
of its decision to the health insuring corporation and the	25304
enrollee. If the enrollee's provider or the health care facility	25305
rendering health care services to the enrollee requested the	25306
review, the independent review organization shall also send a copy	25307
of its decision to the enrollee's provider or the health care	25308
facility.	25309

(b) The independent review organization's decision shall	25310
include a description of the enrollee's condition and the	25311
principal reasons for the decision and an explanation of the	25312
clinical rationale for the decision.	25313

(E) The independent review organization shall base its	25314
decision on the information submitted under division (D)(8) of	25315
this section. In making its decision, the independent review	25316
organization shall consider safety, efficacy, appropriateness, and	25317
cost effectiveness.	25318

(F) The health insuring corporation shall provide any	25319
coverage determined by the independent review organization's	25320
decision to be medically necessary, subject to the other terms,	25321
limitations, and conditions of the enrollee's contract. The	25322
decision shall apply only to the individual enrollee's external	25323
review.	25324

Sec. 1753.09. (A) Except as provided in division (D) of this	25325
section, prior to terminating the participation of a provider on	25326
the basis of the participating provider's failure to meet the	25327
health insuring corporation's standards for quality or utilization	25328
in the delivery of health care services, a health insuring	25329
corporation shall give the participating provider notice of the	25330
reason or reasons for its decision to terminate the provider's	25331
participation and an opportunity to take corrective action. The	25332
health insuring corporation shall develop a performance	25333
improvement plan in conjunction with the participating provider.	25334
If after being afforded the opportunity to comply with the	25335
performance improvement plan, the participating provider fails to	25336
do so, the health insuring corporation may terminate the	25337
participation of the provider.	25338

(B)(1) A participating provider whose participation has been	25339
terminated under division (A) of this section may appeal the	25340
termination to the appropriate medical director of the health	25341
insuring corporation. The medical director shall give the	25342
participating provider an opportunity to discuss with the medical	25343
director the reason or reasons for the termination.	25344

(2) If a satisfactory resolution of a participating	25345
provider's appeal cannot be reached under division (B)(1) of this	25346
section, the participating provider may appeal the termination to	25347
a panel composed of participating providers who have comparable or	25348
higher levels of education and training than the participating	25349
provider making the appeal. A representative of the participating	25350
provider's specialty shall be a member of the panel, if possible.	25351
This panel shall hold a hearing, and shall render its	25352
recommendation in the appeal within thirty days after holding the	25353
hearing. The recommendation shall be presented to the medical	25354
director and to the participating provider.	25355

(3) The medical director shall review and consider the	25356
panel's recommendation before making a decision. The decision	25357
rendered by the medical director shall be final.	25358

(C) A provider's status as a participating provider shall	25359
remain in effect during the appeal process set forth in division	25360
(B) of this section unless the termination was based on any of the	25361
reasons listed in division (D) of this section.	25362

(D) Notwithstanding division (A) of this section, a	25363
provider's participation may be immediately terminated if the	25364
participating provider's conduct presents an imminent risk of harm	25365
to an enrollee or enrollees; or if there has occurred unacceptable	25366
quality of care, fraud, patient abuse, loss of clinical	25367
privileges, loss of professional liability coverage, incompetence,	25368
or loss of authority to practice in the participating provider's	25369
field; or if a governmental action has impaired the participating	25370
provider's ability to practice.	25371

(E) Divisions (A) to (D) of this section apply only to	25372
providers who are natural persons.	25373

(F)(1) Nothing in this section prohibits a health insuring	25374
corporation from rejecting a provider's application for	25375
participation, or from terminating a participating provider's	25376
contract, if the health insuring corporation determines that the	25377
health care needs of its enrollees are being met and no need	25378
exists for the provider's or participating provider's services.	25379

(2) Nothing in this section shall be construed as prohibiting	25380
a health insuring corporation from terminating a participating	25381
provider who does not meet the terms and conditions of the	25382
participating provider's contract.	25383

(3) Nothing in this section shall be construed as prohibiting	25384
a health insuring corporation from terminating a participating	25385
provider's contract pursuant to any provision of the contract	25386
described in division (E)(2) of section 3963.02 of the Revised	25387
Code, except that, notwithstanding any provision of a contract	25388
described in that division, this section applies to the	25389
termination of a participating provider's contract for any of the	25390
causes described in divisions (A), (D), and (F)(1) and (2) of	25391
this section.	25392

(G) The superintendent of insurance may adopt rules as	25393
necessary to implement and enforce sections 1753.06, 1753.07,	25394
and 1753.09 of the Revised Code. Such rules shall be adopted in	25395
accordance with Chapter 119. of the Revised Code. ~~The director of~~	25396
~~health may make recommendations to the superintendent for rules~~	25397
~~necessary to implement and enforce sections 1753.06, 1753.07, and~~	25398
~~1753.09 of the Revised Code. In adopting any rules pursuant to~~	25399
~~this division, the superintendent shall consider the~~	25400
~~recommendations of the director.~~	25401

Sec. 1901.31. The clerk and deputy clerks of a municipal	25402
court shall be selected, be compensated, give bond, and have	25403
powers and duties as follows:	25404

(A) There shall be a clerk of the court who is appointed or	25405
elected as follows:	25406

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	25407
county, Portage county, and Wayne county municipal courts and	25408
through December 31, 2008, the Cuyahoga Falls municipal court, if	25409
the population of the territory equals or exceeds one hundred	25410
thousand at the regular municipal election immediately preceding	25411
the expiration of the term of the present clerk, the clerk shall	25412
be nominated and elected by the qualified electors of the	25413
territory in the manner that is provided for the nomination and	25414
election of judges in section 1901.07 of the Revised Code.	25415

The clerk so elected shall hold office for a term of six	25416
years, which term shall commence on the first day of January	25417
following the clerk's election and continue until the clerk's	25418
successor is elected and qualified.	25419

(b) In the Hamilton county municipal court, the clerk of	25420
courts of Hamilton county shall be the clerk of the municipal	25421
court and may appoint an assistant clerk who shall receive the	25422
compensation, payable out of the treasury of Hamilton county in	25423
semimonthly installments, that the board of county commissioners	25424
prescribes. The clerk of courts of Hamilton county, acting as the	25425
clerk of the Hamilton county municipal court and assuming the	25426
duties of that office, shall receive compensation at one-fourth	25427
the rate that is prescribed for the clerks of courts of common	25428
pleas as determined in accordance with the population of the	25429
county and the rates set forth in sections 325.08 and 325.18 of	25430
the Revised Code. This compensation shall be paid from the county	25431
treasury in semimonthly installments and is in addition to the	25432
annual compensation that is received for the performance of the	25433
duties of the clerk of courts of Hamilton county, as provided in	25434
sections 325.08 and 325.18 of the Revised Code.	25435

(c) In the Portage county and Wayne county municipal courts,	25436
the clerks of courts of Portage county and Wayne county shall be	25437
the clerks, respectively, of the Portage county and Wayne county	25438
municipal courts and may appoint a chief deputy clerk for each	25439
branch that is established pursuant to section 1901.311 of the	25440
Revised Code and assistant clerks as the judges of the municipal	25441
court determine are necessary, all of whom shall receive the	25442
compensation that the legislative authority prescribes. The clerks	25443
of courts of Portage county and Wayne county, acting as the clerks	25444
of the Portage county and Wayne county municipal courts and	25445
assuming the duties of these offices, shall receive compensation	25446
payable from the county treasury in semimonthly installments at	25447
one-fourth the rate that is prescribed for the clerks of courts	25448
of common pleas as determined in accordance with the population	25449
of the county and the rates set forth in sections 325.08 and	25450
325.18 of the Revised Code.	25451

(d) Except as otherwise provided in division (A)(1)(d) of	25452
this section, in the Akron municipal court, candidates for	25453
election to the office of clerk of the court shall be nominated by	25454
primary election. The primary election shall be held on the day	25455
specified in the charter of the city of Akron for the nomination	25456
of municipal officers. Notwithstanding any contrary provision of	25457
section 3513.05 or 3513.257 of the Revised Code, the declarations	25458
of candidacy and petitions of partisan candidates and the	25459
nominating petitions of independent candidates for the office of	25460
clerk of the Akron municipal court shall be signed by at least	25461
fifty qualified electors of the territory of the court.	25462

The candidates shall file a declaration of candidacy and	25463
petition, or a nominating petition, whichever is applicable, not	25464
later than four p.m. of the seventy-fifth day before the day of	25465
the primary election, in the form prescribed by section 3513.07 or	25466
3513.261 of the Revised Code. The declaration of candidacy and	25467
petition, or the nominating petition, shall conform to the	25468
applicable requirements of section 3513.05 or 3513.257 of the	25469
Revised Code.	25470

If no valid declaration of candidacy and petition is filed by	25471
any person for nomination as a candidate of a particular political	25472
party for election to the office of clerk of the Akron municipal	25473
court, a primary election shall not be held for the purpose of	25474
nominating a candidate of that party for election to that office.	25475
If only one person files a valid declaration of candidacy and	25476
petition for nomination as a candidate of a particular political	25477
party for election to that office, a primary election shall not be	25478
held for the purpose of nominating a candidate of that party for	25479
election to that office, and the candidate shall be issued a	25480
certificate of nomination in the manner set forth in section	25481
3513.02 of the Revised Code.	25482

Declarations of candidacy and petitions, nominating	25483
petitions, and certificates of nomination for the office of clerk	25484
of the Akron municipal court shall contain a designation of the	25485
term for which the candidate seeks election. At the following	25486
regular municipal election, all candidates for the office shall be	25487
submitted to the qualified electors of the territory of the court	25488
in the manner that is provided in section 1901.07 of the Revised	25489
Code for the election of the judges of the court. The clerk so	25490
elected shall hold office for a term of six years, which term	25491
shall commence on the first day of January following the clerk's	25492
election and continue until the clerk's successor is elected and	25493
qualified.	25494

(e) Except as otherwise provided in division (A)(1)(e) of	25495
this section, in the Barberton municipal court, candidates for	25496
election to the office of clerk of the court shall be nominated by	25497
primary election. The primary election shall be held on the day	25498
specified in the charter of the city of Barberton for the	25499
nomination of municipal officers. Notwithstanding any contrary	25500
provision of section 3513.05 or 3513.257 of the Revised Code, the	25501
declarations of candidacy and petitions of partisan candidates and	25502
the nominating petitions of independent candidates for the office	25503
of clerk of the Barberton municipal court shall be signed by at	25504
least fifty qualified electors of the territory of the court.	25505

The candidates shall file a declaration of candidacy and	25506
petition, or a nominating petition, whichever is applicable, not	25507
later than four p.m. of the seventy-fifth day before the day of	25508
the primary election, in the form prescribed by section 3513.07 or	25509
3513.261 of the Revised Code. The declaration of candidacy and	25510
petition, or the nominating petition, shall conform to the	25511
applicable requirements of section 3513.05 or 3513.257 of the	25512
Revised Code.	25513

If no valid declaration of candidacy and petition is filed by	25514
any person for nomination as a candidate of a particular political	25515
party for election to the office of clerk of the Barberton	25516
municipal court, a primary election shall not be held for the	25517
purpose of nominating a candidate of that party for election to	25518
that office. If only one person files a valid declaration of	25519
candidacy and petition for nomination as a candidate of a	25520
particular political party for election to that office, a primary	25521
election shall not be held for the purpose of nominating a	25522
candidate of that party for election to that office, and the	25523
candidate shall be issued a certificate of nomination in the	25524
manner set forth in section 3513.02 of the Revised Code.	25525

Declarations of candidacy and petitions, nominating	25526
petitions, and certificates of nomination for the office of clerk	25527
of the Barberton municipal court shall contain a designation of	25528
the term for which the candidate seeks election. At the following	25529
regular municipal election, all candidates for the office shall be	25530
submitted to the qualified electors of the territory of the court	25531
in the manner that is provided in section 1901.07 of the Revised	25532
Code for the election of the judges of the court. The clerk so	25533
elected shall hold office for a term of six years, which term	25534
shall commence on the first day of January following the clerk's	25535
election and continue until the clerk's successor is elected and	25536
qualified.	25537

(f)(i) Through December 31, 2008, except as otherwise	25538
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	25539
Falls municipal court, candidates for election to the office of	25540
clerk of the court shall be nominated by primary election. The	25541
primary election shall be held on the day specified in the charter	25542
of the city of Cuyahoga Falls for the nomination of municipal	25543
officers. Notwithstanding any contrary provision of section	25544
3513.05 or 3513.257 of the Revised Code, the declarations of	25545
candidacy and petitions of partisan candidates and the nominating	25546
petitions of independent candidates for the office of clerk of the	25547
Cuyahoga Falls municipal court shall be signed by at least fifty	25548
qualified electors of the territory of the court.	25549

The candidates shall file a declaration of candidacy and	25550
petition, or a nominating petition, whichever is applicable, not	25551
later than four p.m. of the seventy-fifth day before the day of	25552
the primary election, in the form prescribed by section 3513.07 or	25553
3513.261 of the Revised Code. The declaration of candidacy and	25554
petition, or the nominating petition, shall conform to the	25555
applicable requirements of section 3513.05 or 3513.257 of the	25556
Revised Code.	25557

If no valid declaration of candidacy and petition is filed by	25558
any person for nomination as a candidate of a particular political	25559
party for election to the office of clerk of the Cuyahoga Falls	25560
municipal court, a primary election shall not be held for the	25561
purpose of nominating a candidate of that party for election to	25562
that office. If only one person files a valid declaration of	25563
candidacy and petition for nomination as a candidate of a	25564
particular political party for election to that office, a primary	25565
election shall not be held for the purpose of nominating a	25566
candidate of that party for election to that office, and the	25567
candidate shall be issued a certificate of nomination in the	25568
manner set forth in section 3513.02 of the Revised Code.	25569

Declarations of candidacy and petitions, nominating	25570
petitions, and certificates of nomination for the office of clerk	25571
of the Cuyahoga Falls municipal court shall contain a designation	25572
of the term for which the candidate seeks election. At the	25573
following regular municipal election, all candidates for the	25574
office shall be submitted to the qualified electors of the	25575
territory of the court in the manner that is provided in section	25576
1901.07 of the Revised Code for the election of the judges of the	25577
court. The clerk so elected shall hold office for a term of six	25578
years, which term shall commence on the first day of January	25579
following the clerk's election and continue until the clerk's	25580
successor is elected and qualified.	25581

(ii) Division (A)(1)(f)(i) of this section shall have no	25582
effect after December 31, 2008.	25583

(g) Except as otherwise provided in division (A)(1)(g) of	25584
this section, in the Toledo municipal court, candidates for	25585
election to the office of clerk of the court shall be nominated by	25586
primary election. The primary election shall be held on the day	25587
specified in the charter of the city of Toledo for the nomination	25588
of municipal officers. Notwithstanding any contrary provision of	25589
section 3513.05 or 3513.257 of the Revised Code, the declarations	25590
of candidacy and petitions of partisan candidates and the	25591
nominating petitions of independent candidates for the office of	25592
clerk of the Toledo municipal court shall be signed by at least	25593
fifty qualified electors of the territory of the court.	25594

The candidates shall file a declaration of candidacy and	25595
petition, or a nominating petition, whichever is applicable, not	25596
later than four p.m. of the seventy-fifth day before the day of	25597
the primary election, in the form prescribed by section 3513.07 or	25598
3513.261 of the Revised Code. The declaration of candidacy and	25599
petition, or the nominating petition, shall conform to the	25600
applicable requirements of section 3513.05 or 3513.257 of the	25601
Revised Code.	25602

If no valid declaration of candidacy and petition is filed by	25603
any person for nomination as a candidate of a particular political	25604
party for election to the office of clerk of the Toledo municipal	25605
court, a primary election shall not be held for the purpose of	25606
nominating a candidate of that party for election to that office.	25607
If only one person files a valid declaration of candidacy and	25608
petition for nomination as a candidate of a particular political	25609
party for election to that office, a primary election shall not be	25610
held for the purpose of nominating a candidate of that party for	25611
election to that office, and the candidate shall be issued a	25612
certificate of nomination in the manner set forth in section	25613
3513.02 of the Revised Code.	25614

Declarations of candidacy and petitions, nominating	25615
petitions, and certificates of nomination for the office of clerk	25616
of the Toledo municipal court shall contain a designation of the	25617
term for which the candidate seeks election. At the following	25618
regular municipal election, all candidates for the office shall be	25619
submitted to the qualified electors of the territory of the court	25620
in the manner that is provided in section 1901.07 of the Revised	25621
Code for the election of the judges of the court. The clerk so	25622
elected shall hold office for a term of six years, which term	25623
shall commence on the first day of January following the clerk's	25624
election and continue until the clerk's successor is elected and	25625
qualified.	25626

(2)(a) Except for the Alliance, Auglaize county, Brown	25627
county, Columbiana county, Holmes county, Lorain, Massillon, and	25628
Youngstown municipal courts, in a municipal court for which the	25629
population of the territory is less than one hundred thousand, the	25630
clerk shall be appointed by the court, and the clerk shall hold	25631
office until the clerk's successor is appointed and qualified.	25632

(b) In the Alliance, Lorain, Massillon, and Youngstown	25633
municipal courts, the clerk shall be elected for a term of office	25634
as described in division (A)(1)(a) of this section.	25635

(c) In the Auglaize county, Brown county, and Holmes county	25636
municipal courts, the clerks of courts of Auglaize county, Brown	25637
county, and Holmes county shall be the clerks, respectively, of	25638
the Auglaize county, Brown county, and Holmes county municipal	25639
courts and may appoint a chief deputy clerk for each branch office	25640
that is established pursuant to section 1901.311 of the Revised	25641
Code, and assistant clerks as the judge of the court determines	25642
are necessary, all of whom shall receive the compensation that the	25643
legislative authority prescribes. The clerks of courts of Auglaize	25644
county, Brown county, and Holmes county, acting as the clerks of	25645
the Auglaize county, Brown county, and Holmes county municipal	25646
courts and assuming the duties of these offices, shall receive	25647
compensation payable from the county treasury in semimonthly	25648
installments at one-fourth the rate that is prescribed for the	25649
clerks of courts of common pleas as determined in accordance with	25650
the population of the county and the rates set forth in sections	25651
325.08 and 325.18 of the Revised Code.	25652

(d) In the Columbiana county municipal court, the clerk of	25653
courts of Columbiana county shall be the clerk of the municipal	25654
court, may appoint a chief deputy clerk for each branch office	25655
that is established pursuant to section 1901.311 of the Revised	25656
Code, and may appoint any assistant clerks that the judges of the	25657
court determine are necessary. All of the chief deputy clerks and	25658
assistant clerks shall receive the compensation that the	25659
legislative authority prescribes. The clerk of courts of	25660
Columbiana county, acting as the clerk of the Columbiana county	25661
municipal court and assuming the duties of that office, shall	25662
receive in either biweekly installments or semimonthly	25663
installments, as determined by the payroll administrator,	25664
compensation payable from the county treasury at one-fourth the	25665
rate that is prescribed for the clerks of courts of common pleas	25666
as determined in accordance with the population of the county and	25667
the rates set forth in sections 325.08 and 325.18 of the Revised	25668
Code.	25669

(3) During the temporary absence of the clerk due to illness,	25670
vacation, or other proper cause, the court may appoint a temporary	25671
clerk, who shall be paid the same compensation, have the same	25672
authority, and perform the same duties as the clerk.	25673

(B) Except in the Hamilton county, Portage county, and Wayne	25674
county municipal courts, if a vacancy occurs in the office of the	25675
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	25676
court or occurs in the office of the clerk of a municipal court	25677
for which the population of the territory equals or exceeds one	25678
hundred thousand because the clerk ceases to hold the office	25679
before the end of the clerk's term or because a clerk-elect fails	25680
to take office, the vacancy shall be filled, until a successor is	25681
elected and qualified, by a person chosen by the residents of the	25682
territory of the court who are members of the county central	25683
committee of the political party by which the last occupant of	25684
that office or the clerk-elect was nominated. Not less than five	25685
nor more than fifteen days after a vacancy occurs, those members	25686
of that county central committee shall meet to make an appointment	25687
to fill the vacancy. At least four days before the date of the	25688
meeting, the chairperson or a secretary of the county central	25689
committee shall notify each such member of that county central	25690
committee by first class mail of the date, time, and place of the	25691
meeting and its purpose. A majority of all such members of that	25692
county central committee constitutes a quorum, and a majority of	25693
the quorum is required to make the appointment. If the office so	25694
vacated was occupied or was to be occupied by a person not	25695
nominated at a primary election, or if the appointment was not	25696
made by the committee members in accordance with this division,	25697
the court shall make an appointment to fill the vacancy. A	25698
successor shall be elected to fill the office for the unexpired	25699
term at the first municipal election that is held more than one	25700
hundred twenty days after the vacancy occurred.	25701

(C)(1) In a municipal court, other than the Auglaize county,	25702
the Brown county, the Columbiana county, the Holmes county, and	25703
the Lorain municipal courts, for which the population of the	25704
territory is less than one hundred thousand, the clerk of the	25705
municipal court shall receive the annual compensation that the	25706
presiding judge of the court prescribes, if the revenue of the	25707
court for the preceding calendar year, as certified by the auditor	25708
or chief fiscal officer of the municipal corporation in which the	25709
court is located or, in the case of a county-operated municipal	25710
court, the county auditor, is equal to or greater than the	25711
expenditures, including any debt charges, for the operation of the	25712
court payable under this chapter from the city treasury or, in the	25713
case of a county-operated municipal court, the county treasury for	25714
that calendar year, as also certified by the auditor or chief	25715
fiscal officer. If the revenue of a municipal court, other than	25716
the Auglaize county, the Brown county, the Columbiana county, and	25717
the Lorain municipal courts, for which the population of the	25718
territory is less than one hundred thousand for the preceding	25719
calendar year as so certified is not equal to or greater than	25720
those expenditures for the operation of the court for that	25721
calendar year as so certified, the clerk of a municipal court	25722
shall receive the annual compensation that the legislative	25723
authority prescribes. As used in this division, "revenue" means	25724
the total of all costs and fees that are collected and paid to the	25725
city treasury or, in a county-operated municipal court, the county	25726
treasury by the clerk of the municipal court under division (F) of	25727
this section and all interest received and paid to the city	25728
treasury or, in a county-operated municipal court, the county	25729
treasury in relation to the costs and fees under division (G) of	25730
this section.	25731

(2) In a municipal court, other than the Hamilton county,	25732
Portage county, and Wayne county municipal courts, for which the	25733
population of the territory is one hundred thousand or more, and	25734
in the Lorain municipal court, the clerk of the municipal court	25735
shall receive annual compensation in a sum equal to eighty-five	25736
per cent of the salary of a judge of the court.	25737

(3) The compensation of a clerk described in division (C)(1)	25738
or (2) of this section and of the clerk of the Columbiana county	25739
municipal court is payable in either semimonthly installments or	25740
biweekly installments, as determined by the payroll	25741
administrator, from the same sources and in the same manner as	25742
provided in section 1901.11 of the Revised Code, except that the	25743
compensation of the clerk of the Carroll county municipal court	25744
is payable in biweekly installments.	25745

(D) Before entering upon the duties of the clerk's office,	25746
the clerk of a municipal court shall give bond of not less than	25747
six thousand dollars to be determined by the judges of the court,	25748
conditioned upon the faithful performance of the clerk's duties.	25749

(E) The clerk of a municipal court may do all of the	25750
following: administer oaths, take affidavits, and issue executions	25751
upon any judgment rendered in the court, including a judgment for	25752
unpaid costs; issue, sign, and attach the seal of the court to all	25753
writs, process, subpoenas, and papers issuing out of the court;	25754
and approve all bonds, sureties, recognizances, and undertakings	25755
fixed by any judge of the court or by law. The clerk may refuse to	25756
accept for filing any pleading or paper submitted for filing by a	25757
person who has been found to be a vexatious litigator under	25758
section 2323.52 of the Revised Code and who has failed to obtain	25759
leave to proceed under that section. The clerk shall do all of the	25760
following: file and safely keep all journals, records, books, and	25761
papers belonging or appertaining to the court; record the	25762
proceedings of the court; perform all other duties that the judges	25763
of the court may prescribe; and keep a book showing all receipts	25764
and disbursements, which book shall be open for public inspection	25765
at all times.	25766

The clerk shall prepare and maintain a general index, a	25767
docket, and other records that the court, by rule, requires, all	25768
of which shall be the public records of the court. In the docket,	25769
the clerk shall enter, at the time of the commencement of an	25770
action, the names of the parties in full, the names of the	25771
counsel, and the nature of the proceedings. Under proper dates,	25772
the clerk shall note the filing of the complaint, issuing of	25773
summons or other process, returns, and any subsequent pleadings.	25774
The clerk also shall enter all reports, verdicts, orders,	25775
judgments, and proceedings of the court, clearly specifying the	25776
relief granted or orders made in each action. The court may order	25777
an extended record of any of the above to be made and entered,	25778
under the proper action heading, upon the docket at the request of	25779
any party to the case, the expense of which record may be taxed as	25780
costs in the case or may be required to be prepaid by the party	25781
demanding the record, upon order of the court.	25782

(F) The clerk of a municipal court shall receive, collect,	25783
and issue receipts for all costs, fees, fines, bail, and other	25784
moneys payable to the office or to any officer of the court. The	25785
clerk shall each month disburse to the proper persons or officers,	25786
and take receipts for, all costs, fees, fines, bail, and other	25787
moneys that the clerk collects. Subject to sections 3375.50 and	25788
4511.193 of the Revised Code and to any other section of the	25789
Revised Code that requires a specific manner of disbursement of	25790
any moneys received by a municipal court and except for the	25791
Hamilton county, Lawrence county, and Ottawa county municipal	25792
courts, the clerk shall pay all fines received for violation of	25793
municipal ordinances into the treasury of the municipal	25794
corporation the ordinance of which was violated and shall pay all	25795
fines received for violation of township resolutions adopted	25796
pursuant to section 503.52 or 503.53 or Chapter 504. of the	25797
Revised Code into the treasury of the township the resolution of	25798
which was violated. Subject to sections 1901.024 and 4511.193 of	25799
the Revised Code, in the Hamilton county, Lawrence county, and	25800
Ottawa county municipal courts, the clerk shall pay fifty per cent	25801
of the fines received for violation of municipal ordinances and	25802
fifty per cent of the fines received for violation of township	25803
resolutions adopted pursuant to section 503.52 or 503.53 or	25804
Chapter 504. of the Revised Code into the treasury of the county.	25805
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the	25806
Revised Code and to any other section of the Revised Code that	25807
requires a specific manner of disbursement of any moneys received	25808
by a municipal court, the clerk shall pay all fines collected for	25809
the violation of state laws into the county treasury. Except in a	25810
county-operated municipal court, the clerk shall pay all costs and	25811
fees the disbursement of which is not otherwise provided for in	25812
the Revised Code into the city treasury. The clerk of a	25813
county-operated municipal court shall pay the costs and fees the	25814
disbursement of which is not otherwise provided for in the Revised	25815
Code into the county treasury. Moneys deposited as security for	25816
costs shall be retained pending the litigation. The clerk shall	25817
keep a separate account of all receipts and disbursements in civil	25818
and criminal cases, which shall be a permanent public record of	25819
the office. On the expiration of the term of the clerk, the clerk	25820
shall deliver the records to the clerk's successor. The clerk	25821
shall have other powers and duties as are prescribed by rule or	25822
order of the court.	25823

(G) All moneys paid into a municipal court shall be noted on	25824
the record of the case in which they are paid and shall be	25825
deposited in a state or national bank, or a domestic savings and	25826
loan association, as defined in section 1151.01 of the Revised	25827
Code, that is selected by the clerk. Any interest received upon	25828
the deposits shall be paid into the city treasury, except that, in	25829
a county-operated municipal court, the interest shall be paid into	25830
the treasury of the county in which the court is located.	25831

On the first Monday in January of each year, the clerk shall	25832
make a list of the titles of all cases in the court that were	25833
finally determined more than one year past in which there remains	25834
unclaimed in the possession of the clerk any funds, or any part of	25835
a deposit for security of costs not consumed by the costs in the	25836
case. The clerk shall give notice of the moneys to the parties who	25837
are entitled to the moneys or to their attorneys of record. All	25838
the moneys remaining unclaimed on the first day of April of each	25839
year shall be paid by the clerk to the city treasurer, except	25840
that, in a county-operated municipal court, the moneys shall be	25841
paid to the treasurer of the county in which the court is located.	25842
The treasurer shall pay any part of the moneys at any time to the	25843
person who has the right to the moneys upon proper certification	25844
of the clerk.	25845

(H) Deputy clerks of a municipal court other than the Carroll	25846
county municipal court may be appointed by the clerk and shall	25847
receive the compensation, payable in either biweekly installments	25848
or semimonthly installments, as determined by the payroll	25849
administrator, out of the city treasury, that the clerk may	25850
prescribe, except that the compensation of any deputy clerk of a	25851
county-operated municipal court shall be paid out of the treasury	25852
of the county in which the court is located. The judge of the	25853
Carroll county municipal court may appoint deputy clerks for the	25854
court, and the deputy clerks shall receive the compensation,	25855
payable in biweekly installments out of the county treasury, that	25856
the judge may prescribe. Each deputy clerk shall take an oath of	25857
office before entering upon the duties of the deputy clerk's	25858
office and, when so qualified, may perform the duties appertaining	25859
to the office of the clerk. The clerk may require any of the	25860
deputy clerks to give bond of not less than three thousand	25861
dollars, conditioned for the faithful performance of the deputy	25862
clerk's duties.	25863

(I) For the purposes of this section, whenever the population	25864
of the territory of a municipal court falls below one hundred	25865
thousand but not below ninety thousand, and the population of the	25866
territory prior to the most recent regular federal census exceeded	25867
one hundred thousand, the legislative authority of the municipal	25868
corporation may declare, by resolution, that the territory shall	25869
be considered to have a population of at least one hundred	25870
thousand.	25871

(J) The clerk or a deputy clerk shall be in attendance at all	25872
sessions of the municipal court, although not necessarily in the	25873
courtroom, and may administer oaths to witnesses and jurors and	25874
receive verdicts.	25875

Sec. 2151.011. (A) As used in the Revised Code:

25876

(1) "Juvenile court" means whichever of the following is	25877
applicable that has jurisdiction under this chapter and Chapter	25878
2152. of the Revised Code:	25879

(a) The division of the court of common pleas specified in	25880
section 2101.022 or 2301.03 of the Revised Code as having	25881
jurisdiction under this chapter and Chapter 2152. of the Revised	25882
Code or as being the juvenile division or the juvenile division	25883
combined with one or more other divisions;	25884

(b) The juvenile court of Cuyahoga county or Hamilton county	25885
that is separately and independently created by section 2151.08 or	25886
Chapter 2153. of the Revised Code and that has jurisdiction under	25887
this chapter and Chapter 2152. of the Revised Code;	25888

(c) If division (A)(1)(a) or (b) of this section does not	25889
apply, the probate division of the court of common pleas.	25890

(2) "Juvenile judge" means a judge of a court having	25891
jurisdiction under this chapter.	25892

(3) "Private child placing agency" means any association, as	25893
defined in section 5103.02 of the Revised Code, that is certified	25894
under section 5103.03 of the Revised Code to accept temporary,	25895
permanent, or legal custody of children and place the children for	25896
either foster care or adoption.	25897

(4) "Private noncustodial agency" means any person,	25898
organization, association, or society certified by the department	25899
of job and family services that does not accept temporary or	25900
permanent legal custody of children, that is privately operated in	25901
this state, and that does one or more of the following:	25902

(a) Receives and cares for children for two or more	25903
consecutive weeks;	25904

(b) Participates in the placement of children in certified	25905
foster homes;	25906

(c) Provides adoption services in conjunction with a public	25907
children services agency or private child placing agency.	25908

(B) As used in this chapter:

25909

(1) "Adequate parental care" means the provision by a child's	25910
parent or parents, guardian, or custodian of adequate food,	25911
clothing, and shelter to ensure the child's health and physical	25912
safety and the provision by a child's parent or parents of	25913
specialized services warranted by the child's physical or mental	25914
needs.	25915

(2) "Adult" means an individual who is eighteen years of age	25916
or older.	25917

(3) "Agreement for temporary custody" means a voluntary	25918
agreement authorized by section 5103.15 of the Revised Code that	25919
transfers the temporary custody of a child to a public children	25920
services agency or a private child placing agency.	25921

(4) "Certified foster home" means a foster home, as defined	25922
in section 5103.02 of the Revised Code, certified under section	25923
5103.03 of the Revised Code.	25924

(5) "Child" means a person who is under eighteen years of	25925
age, except that the juvenile court has jurisdiction over any	25926
person who is adjudicated an unruly child prior to attaining	25927
eighteen years of age until the person attains twenty-one years of	25928
age, and, for purposes of that jurisdiction related to that	25929
adjudication, a person who is so adjudicated an unruly child shall	25930
be deemed a "child" until the person attains twenty-one years of	25931
age.	25932

(6) "Child day camp," "child care," "child day-care center,"	25933
"part-time child day-care center," "type A family day-care home,"	25934
"certified type B family day-care home," "type B home,"	25935
"administrator of a child day-care center," "administrator of a	25936
type A family day-care home," "in-home aide," and "authorized	25937
provider" have the same meanings as in section 5104.01 of the	25938
Revised Code.	25939

(7) "Child care provider" means an individual who is a	25940
child-care staff member or administrator of a child day-care	25941
center, a type A family day-care home, or a type B family day-care	25942
home, or an in-home aide or an individual who is licensed, is	25943
regulated, is approved, operates under the direction of, or	25944
otherwise is certified by the department of job and family	25945
services, department of mental retardation and developmental	25946
disabilities, or the early childhood programs of the department of	25947
education.	25948

(8) "Chronic truant" has the same meaning as in section	25949
2152.02 of the Revised Code.	25950

(9) "Commit" means to vest custody as ordered by the court.

25951

(10) "Counseling" includes both of the following:

25952

(a) General counseling services performed by a public	25953
children services agency or shelter for victims of domestic	25954
violence to assist a child, a child's parents, and a child's	25955
siblings in alleviating identified problems that may cause or have	25956
caused the child to be an abused, neglected, or dependent child.	25957

(b) Psychiatric or psychological therapeutic counseling	25958
services provided to correct or alleviate any mental or emotional	25959
illness or disorder and performed by a licensed psychiatrist,	25960
licensed psychologist, or a person licensed under Chapter 4757. of	25961
the Revised Code to engage in social work or professional	25962
counseling.	25963

(11) "Custodian" means a person who has legal custody of a	25964
child or a public children services agency or private child	25965
placing agency that has permanent, temporary, or legal custody of	25966
a child.	25967

(12) "Delinquent child" has the same meaning as in section	25968
2152.02 of the Revised Code.	25969

(13) "Detention" means the temporary care of children pending	25970
court adjudication or disposition, or execution of a court order,	25971
in a public or private facility designed to physically restrict	25972
the movement and activities of children.	25973

(14) "Developmental disability" has the same meaning as in	25974
section 5123.01 of the Revised Code.	25975

(15) "Foster caregiver" has the same meaning as in section	25976
5103.02 of the Revised Code.	25977

(16) "Guardian" means a person, association, or corporation	25978
that is granted authority by a probate court pursuant to Chapter	25979
2111. of the Revised Code to exercise parental rights over a child	25980
to the extent provided in the court's order and subject to the	25981
residual parental rights of the child's parents.	25982

(17) "Habitual truant" means any child of compulsory school	25983
age who is absent without legitimate excuse for absence from the	25984
public school the child is supposed to attend for five or more	25985
consecutive school days, seven or more school days in one school	25986
month, or twelve or more school days in a school year.	25987

(18) "Juvenile traffic offender" has the same meaning as in	25988
section 2152.02 of the Revised Code.	25989

(19) "Legal custody" means a legal status that vests in the	25990
custodian the right to have physical care and control of the child	25991
and to determine where and with whom the child shall live, and the	25992
right and duty to protect, train, and discipline the child and to	25993
provide the child with food, shelter, education, and medical care,	25994
all subject to any residual parental rights, privileges, and	25995
responsibilities. An individual granted legal custody shall	25996
exercise the rights and responsibilities personally unless	25997
otherwise authorized by any section of the Revised Code or by the	25998
court.	25999

(20) A "legitimate excuse for absence from the public school	26000
the child is supposed to attend" includes, but is not limited to,	26001
any of the following:	26002

(a) The fact that the child in question has enrolled in and	26003
is attending another public or nonpublic school in this or another	26004
state;	26005

(b) The fact that the child in question is excused from	26006
attendance at school for any of the reasons specified in section	26007
3321.04 of the Revised Code;	26008

(c) The fact that the child in question has received an age	26009
and schooling certificate in accordance with section 3331.01 of	26010
the Revised Code.	26011

(21) "Mental illness" and "mentally ill person subject to	26012
hospitalization by court order" have the same meanings as in	26013
section 5122.01 of the Revised Code.	26014

(22) "Mental injury" means any behavioral, cognitive,	26015
emotional, or mental disorder in a child caused by an act or	26016
omission that is described in section 2919.22 of the Revised Code	26017
and is committed by the parent or other person responsible for the	26018
child's care.	26019

(23) "Mentally retarded person" has the same meaning as in	26020
section 5123.01 of the Revised Code.	26021

(24) "Nonsecure care, supervision, or training" means care,	26022
supervision, or training of a child in a facility that does not	26023
confine or prevent movement of the child within the facility or	26024
from the facility.	26025

(25) "Of compulsory school age" has the same meaning as in	26026
section 3321.01 of the Revised Code.	26027

(26) "Organization" means any institution, public,	26028
semipublic, or private, and any private association, society, or	26029
agency located or operating in the state, incorporated or	26030
unincorporated, having among its functions the furnishing of	26031
protective services or care for children, or the placement of	26032
children in certified foster homes or elsewhere.	26033

(27) "Out-of-home care" means detention facilities, shelter	26034
facilities, certified children's crisis care facilities, certified	26035
foster homes, placement in a prospective adoptive home prior to	26036
the issuance of a final decree of adoption, organizations,	26037
certified organizations, child day-care centers, type A family	26038
day-care homes, child care provided by type B family day-care home	26039
providers and by in-home aides, group home providers, group homes,	26040
institutions, state institutions, residential facilities,	26041
residential care facilities, residential camps, day camps, public	26042
schools, chartered nonpublic schools, educational service centers,	26043
hospitals, and medical clinics that are responsible for the care,	26044
physical custody, or control of children.	26045

(28) "Out-of-home care child abuse" means any of the	26046
following when committed by a person responsible for the care of a	26047
child in out-of-home care:	26048

(a) Engaging in sexual activity with a child in the person's	26049
care;	26050

(b) Denial to a child, as a means of punishment, of proper or	26051
necessary subsistence, education, medical care, or other care	26052
necessary for a child's health;	26053

(c) Use of restraint procedures on a child that cause injury	26054
or pain;	26055

(d) Administration of prescription drugs or psychotropic	26056
medication to the child without the written approval and ongoing	26057
supervision of a licensed physician;	26058

(e) Commission of any act, other than by accidental means,	26059
that results in any injury to or death of the child in out-of-home	26060
care or commission of any act by accidental means that results in	26061
an injury to or death of a child in out-of-home care and that is	26062
at variance with the history given of the injury or death.	26063

(29) "Out-of-home care child neglect" means any of the	26064
following when committed by a person responsible for the care of a	26065
child in out-of-home care:	26066

(a) Failure to provide reasonable supervision according to	26067
the standards of care appropriate to the age, mental and physical	26068
condition, or other special needs of the child;	26069

(b) Failure to provide reasonable supervision according to	26070
the standards of care appropriate to the age, mental and physical	26071
condition, or other special needs of the child, that results in	26072
sexual or physical abuse of the child by any person;	26073

26074

(i) Administration of prescription drugs or psychotropic	26075
drugs for the child;	26076

(ii) Assuring that the instructions of the licensed physician	26077
who prescribed a drug for the child are followed;	26078

(iii) Reporting to the licensed physician who prescribed the	26079
drug all unfavorable or dangerous side effects from the use of the	26080
drug.	26081

(d) Failure to provide proper or necessary subsistence,	26082
education, medical care, or other individualized care necessary	26083
for the health or well-being of the child;	26084

(e) Confinement of the child to a locked room without	26085
monitoring by staff;	26086

(f) Failure to provide ongoing security for all prescription	26087
and nonprescription medication;	26088

(g) Isolation of a child for a period of time when there is	26089
substantial risk that the isolation, if continued, will impair or	26090
retard the mental health or physical well-being of the child.	26091

(30) "Permanent custody" means a legal status that vests in a	26092
public children services agency or a private child placing agency,	26093
all parental rights, duties, and obligations, including the right	26094
to consent to adoption, and divests the natural parents or	26095
adoptive parents of all parental rights, privileges, and	26096
obligations, including all residual rights and obligations.	26097

(31) "Permanent surrender" means the act of the parents or,	26098
if a child has only one parent, of the parent of a child, by a	26099
voluntary agreement authorized by section 5103.15 of the Revised	26100
Code, to transfer the permanent custody of the child to a public	26101
children services agency or a private child placing agency.	26102

(32) "Person" means an individual, association, corporation,	26103
or partnership and the state or any of its political subdivisions,	26104
departments, or agencies.	26105

(33) "Person responsible for a child's care in out-of-home	26106
care" means any of the following:	26107

(a) Any foster caregiver, in-home aide, or provider;

26108

(b) Any administrator, employee, or agent of any of the	26109
following: a public or private detention facility; shelter	26110
facility; certified children's crisis care facility; organization;	26111
certified organization; child day-care center; type A family	26112
day-care home; certified type B family day-care home; group home;	26113
institution; state institution; residential facility; residential	26114
care facility; residential camp; day camp; school district;	26115
community school; chartered nonpublic school; educational service	26116
center; hospital; or medical clinic;	26117

(c) Any person who supervises or coaches children as part of	26118
an extracurricular activity sponsored by a school district, public	26119
school, or chartered nonpublic school;	26120

(d) Any other person who performs a similar function with	26121
respect to, or has a similar relationship to, children.	26122

(34) "Physically impaired" means having one or more of the	26123
following conditions that substantially limit one or more of an	26124
individual's major life activities, including self-care, receptive	26125
and expressive language, learning, mobility, and self-direction:	26126

(a) A substantial impairment of vision, speech, or hearing;

26127

(b) A congenital orthopedic impairment;

26128

(c) An orthopedic impairment caused by disease, rheumatic	26129
fever or any other similar chronic or acute health problem, or	26130
amputation or another similar cause.	26131

(35) "Placement for adoption" means the arrangement by a	26132
public children services agency or a private child placing agency	26133
with a person for the care and adoption by that person of a child	26134
of whom the agency has permanent custody.	26135

(36) "Placement in foster care" means the arrangement by a	26136
public children services agency or a private child placing agency	26137
for the out-of-home care of a child of whom the agency has	26138
temporary custody or permanent custody.	26139

(37) "Planned permanent living arrangement" means an order of	26140
a juvenile court pursuant to which both of the following apply:	26141

(a) The court gives legal custody of a child to a public	26142
children services agency or a private child placing agency without	26143
the termination of parental rights.	26144

(b) The order permits the agency to make an appropriate	26145
placement of the child and to enter into a written agreement with	26146
a foster care provider or with another person or agency with whom	26147
the child is placed.	26148

(38) "Practice of social work" and "practice of professional	26149
counseling" have the same meanings as in section 4757.01 of the	26150
Revised Code.	26151

(39) "Sanction, service, or condition" means a sanction,	26152
service, or condition created by court order following an	26153
adjudication that a child is an unruly child that is described in	26154
division (A)(4) of section 2152.19 of the Revised Code.	26155

(40) "Protective supervision" means an order of disposition	26156
pursuant to which the court permits an abused, neglected,	26157
dependent, or unruly child to remain in the custody of the child's	26158
parents, guardian, or custodian and stay in the child's home,	26159
subject to any conditions and limitations upon the child, the	26160
child's parents, guardian, or custodian, or any other person that	26161
the court prescribes, including supervision as directed by the	26162
court for the protection of the child.	26163

(41) "Psychiatrist" has the same meaning as in section	26164
5122.01 of the Revised Code.	26165

(42) "Psychologist" has the same meaning as in section	26166
4732.01 of the Revised Code.	26167

(43) "Residential camp" means a program in which the care,	26168
physical custody, or control of children is accepted overnight for	26169
recreational or recreational and educational purposes.	26170

(44) "Residential care facility" means an institution,	26171
residence, or facility that is licensed by the department of	26172
mental health under section 5119.22 of the Revised Code and that	26173
provides care for a child.	26174

(45) "Residential facility" means a home or facility that is	26175
licensed by the department of mental retardation and developmental	26176
disabilities under section 5123.19 of the Revised Code and in	26177
which a child with a developmental disability resides.	26178

(46) "Residual parental rights, privileges, and	26179
responsibilities" means those rights, privileges, and	26180
responsibilities remaining with the natural parent after the	26181
transfer of legal custody of the child, including, but not	26182
necessarily limited to, the privilege of reasonable visitation,	26183
consent to adoption, the privilege to determine the child's	26184
religious affiliation, and the responsibility for support.	26185

(47) "School day~~" means the school day established by the~~	26186
~~state board of education pursuant to section 3313.48 of the~~	26187
~~Revised Code.~~	26188

~~(48) "School~~," "school month," and "school year" have the	26189
same meanings as in section 3313.62 of the Revised Code.	26190

~~(49)~~(48) "Secure correctional facility" means a facility	26191
under the direction of the department of youth services that is	26192
designed to physically restrict the movement and activities of	26193
children and used for the placement of children after adjudication	26194
and disposition.	26195

~~(50)~~(49) "Sexual activity" has the same meaning as in section	26196
2907.01 of the Revised Code.	26197

~~(51)~~(50) "Shelter" means the temporary care of children in	26198
physically unrestricted facilities pending court adjudication or	26199
disposition.	26200

~~(52)~~(51) "Shelter for victims of domestic violence" has the	26201
same meaning as in section 3113.33 of the Revised Code.	26202

~~(53)~~(52) "Temporary custody" means legal custody of a child	26203
who is removed from the child's home, which custody may be	26204
terminated at any time at the discretion of the court or, if the	26205
legal custody is granted in an agreement for temporary custody, by	26206
the person who executed the agreement.	26207

(C) For the purposes of this chapter, a child shall be	26208
presumed abandoned when the parents of the child have failed to	26209
visit or maintain contact with the child for more than ninety	26210
days, regardless of whether the parents resume contact with the	26211
child after that period of ninety days.	26212

Sec. 2315.50. (A) This section applies to an action	26213
maintained as a class action in which the settlement agreement or	26214
judgment includes a monetary award, including compensatory or	26215
punitive and exemplary damages, restitution, or any other payment	26216
of money due from each defendant to the members of the class.	26217

(B) It is the policy of this state, insofar as it is not	26218
inconsistent with federal law, that all unpaid moneys remaining	26219
after the distribution to the members of the class of monetary	26220
awards in class actions described in division (A) of this section	26221
shall be used for the charitable public purpose of providing	26222
financial assistance to legal aid societies that operate within	26223
this state. Not later than the twentieth day of the month	26224
immediately following the month during which the amount of unpaid	26225
moneys, if any, remaining after that distribution of the monetary	26226
award in the class action is identified, each defendant from whom	26227
the unpaid moneys are due, in a manner and form prescribed in the	26228
rules established by the Ohio legal assistance foundation under	26229
section 120.52 of the Revised Code, shall do both of the	26230
following:	26231

(1) Remit the sum of the unpaid moneys to the treasurer of	26232
state for deposit in the legal aid fund established under section	26233
120.52 of the Revised Code;	26234

(2) Notify the Ohio legal assistance foundation of all of the	26235
following:	26236

(a) The amount of the sum of unpaid moneys remitted under	26237
division (B)(1) of this section;	26238

(b) The case name and case number of the class action and the	26239
court that approved the settlement agreement or rendered the	26240
judgment in the class action.	26241

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	26242
2317.41 of the Revised Code but subject to division (B) of this	26243
section, the records, or copies or photographs of the records, of	26244
a hospital, homes required to be licensed pursuant to section	26245
3721.01 of the Revised Code, and of adult care facilities required	26246
to be licensed pursuant to Chapter 3722. of the Revised Code, ~~and~~	26247
~~community alternative homes licensed pursuant to section 3724.03~~	26248
~~of the Revised Code,~~ in lieu of the testimony in open court of	26249
their custodian, person who made them, or person under whose	26250
supervision they were made, may be qualified as authentic evidence	26251
if any such person endorses thereon the person's verified	26252
certification identifying such records, giving the mode and time	26253
of their preparation, and stating that they were prepared in the	26254
usual course of the business of the institution. Such records,	26255
copies, or photographs may not be qualified by certification as	26256
provided in this section unless the party intending to offer them	26257
delivers a copy of them, or of their relevant portions, to the	26258
attorney of record for each adverse party not less than five days	26259
before trial. Nothing in this section shall be construed to limit	26260
the right of any party to call the custodian, person who made such	26261
records, or person under whose supervision they were made, as a	26262
witness.	26263

(B) Division (A) of this section does not apply to any	26264
certified copy of the results of any test given to determine the	26265
presence or concentration of alcohol, a drug of abuse, a	26266
combination of them, a controlled substance, or a metabolite of a	26267
controlled substance in a patient's whole blood, blood serum or	26268
plasma, breath, or urine at any time relevant to a criminal	26269
offense that is submitted in a criminal action or proceeding in	26270
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	26271
of the Revised Code.	26272

Sec. 2503.17. ~~(A) Except as provided in division (B) and~~	26273
~~subject to division (C) of this section, the~~The clerk of the	26274
supreme court shall charge and collect ~~forty~~one hundred dollars,	26275
as a filing fee, for each case entered upon the ~~minute book,~~	26276
~~including, but not limited to, original actions in the court,~~	26277
~~appeals filed as of right, and cases certified by the courts of~~	26278
~~appeals for review on the ground of conflict of decisions; and for~~	26279
~~each motion to certify the record of a court of appeals or for~~	26280
~~leave to file a notice of appeal in criminal cases~~docket. The	26281
filing fees so charged and collected shall be in full for	26282
~~docketing the cases or motions, making dockets from term to term,~~	26283
~~indexing and entering appearances, issuing process, filing papers,~~	26284
~~entering rules, motions, orders, continuances, decrees, and~~	26285
~~judgments, making lists of causes on the regular docket for~~	26286
~~publication each year, making and certifying orders, decrees, and~~	26287
~~judgments of the court to other tribunals, and the issuing of~~	26288
~~mandates. Except as provided in division (B) of this section, the~~	26289
each case filed in the supreme court under the Rules of Practice	26290
of the Supreme Court. The party invoking the action of the court	26291
shall pay the filing fee to the clerk before the case ~~or motion~~ is	26292
docketed, and it shall be taxed as costs and recovered from the	26293
other party if the party invoking the action of the court	26294
succeeds, unless the court otherwise directs.	26295

~~(B)(1) As used in this division, "prosecutor" has the same~~	26296
~~meaning as in section 2935.01 of the Revised Code.~~	26297

~~(2) The clerk of the supreme court shall not charge to and~~	26298
~~collect from a prosecutor the forty-dollar filing fee prescribed~~	26299
~~by division (A) of this section when all of the following~~	26300
~~circumstances apply:~~	26301

~~(a) In accordance with the Rules of Practice of the Supreme~~	26302
~~Court of Ohio, an indigent defendant in a criminal action or~~	26303
~~proceeding files in the appropriate court of appeals a notice of~~	26304
~~appeal within thirty days from the date of the entry of the~~	26305
~~judgment or final order that is the subject of the appeal.~~	26306

~~(b) The indigent defendant fails to file or offer for filing~~	26307
~~in the supreme court within thirty days from the date of the~~	26308
~~filing of the notice of appeal in the court of appeals, a copy of~~	26309
~~the notice of appeal supported by a memorandum in support of~~	26310
~~jurisdiction and other documentation and information as required~~	26311
~~by the Rules of Practice of the Supreme Court of Ohio.~~	26312

~~(c) The prosecutor or a representative of the prosecutor~~	26313
~~associated with the criminal action or proceeding files a motion~~	26314
~~to docket and dismiss the appeal of the indigent defendant for~~	26315
~~lack of prosecution as authorized by the Rules of Practice of the~~	26316
~~Supreme Court of Ohio.~~	26317

~~(d) The prosecutor states in the motion that the forty-dollar~~	26318
~~filing fee does not accompany the motion because of the~~	26319
~~applicability of this division, and the clerk of the supreme court~~	26320
~~determines that this division applies.~~No filing fee or security	26321
deposit shall be charged to an indigent party upon determination	26322
of indigency by the supreme court pursuant to the Rules of	26323
Practice of the Supreme Court.	26324

Sec. 2903.13. (A) No person shall knowingly cause or attempt	26325
to cause physical harm to another or to another's unborn.	26326

(B) No person shall recklessly cause serious physical harm to	26327
another or to another's unborn.	26328

(C) Whoever violates this section is guilty of assault, and	26329
the court shall sentence the offender as provided in this division	26330
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	26331
Except as otherwise provided in division (C)(1), (2), (3), (4), or	26332
(5) of this section, assault is a misdemeanor of the first degree.	26333

(1) Except as otherwise provided in this division, if the	26334
offense is committed by a caretaker against a functionally	26335
impaired person under the caretaker's care, assault is a felony of	26336
the fourth degree. If the offense is committed by a caretaker	26337
against a functionally impaired person under the caretaker's care,	26338
if the offender previously has been convicted of or pleaded guilty	26339
to a violation of this section or section 2903.11 or 2903.16 of	26340
the Revised Code, and if in relation to the previous conviction	26341
the offender was a caretaker and the victim was a functionally	26342
impaired person under the offender's care, assault is a felony of	26343
the third degree.	26344

(2) If the offense is committed in any of the following	26345
circumstances, assault is a felony of the fifth degree:	26346

(a) The offense occurs in or on the grounds of a state	26347
correctional institution or an institution of the department of	26348
youth services, the victim of the offense is an employee of the	26349
department of rehabilitation and correction, the department of	26350
youth services, or a probation department or is on the premises of	26351
the particular institution for business purposes or as a visitor,	26352
and the offense is committed by a person incarcerated in the state	26353
correctional institution, by a person institutionalized in the	26354
department of youth services institution pursuant to a commitment	26355
to the department of youth services, by a parolee, by an offender	26356
under transitional control, under a community control sanction, or	26357
on an escorted visit, by a person under post-release control, or	26358
by an offender under any other type of supervision by a government	26359
agency.	26360

(b) The offense occurs in or on the grounds of a local	26361
correctional facility, the victim of the offense is an employee of	26362
the local correctional facility or a probation department or is on	26363
the premises of the facility for business purposes or as a	26364
visitor, and the offense is committed by a person who is under	26365
custody in the facility subsequent to the person's arrest for any	26366
crime or delinquent act, subsequent to the person's being charged	26367
with or convicted of any crime, or subsequent to the person's	26368
being alleged to be or adjudicated a delinquent child.	26369

(c) The offense occurs off the grounds of a state	26370
correctional institution and off the grounds of an institution of	26371
the department of youth services, the victim of the offense is an	26372
employee of the department of rehabilitation and correction, the	26373
department of youth services, or a probation department, the	26374
offense occurs during the employee's official work hours and while	26375
the employee is engaged in official work responsibilities, and the	26376
offense is committed by a person incarcerated in a state	26377
correctional institution or institutionalized in the department of	26378
youth services who temporarily is outside of the institution for	26379
any purpose, by a parolee, by an offender under transitional	26380
control, under a community control sanction, or on an escorted	26381
visit, by a person under post-release control, or by an offender	26382
under any other type of supervision by a government agency.	26383

(d) The offense occurs off the grounds of a local	26384
correctional facility, the victim of the offense is an employee of	26385
the local correctional facility or a probation department, the	26386
offense occurs during the employee's official work hours and while	26387
the employee is engaged in official work responsibilities, and the	26388
offense is committed by a person who is under custody in the	26389
facility subsequent to the person's arrest for any crime or	26390
delinquent act, subsequent to the person being charged with or	26391
convicted of any crime, or subsequent to the person being alleged	26392
to be or adjudicated a delinquent child and who temporarily is	26393
outside of the facility for any purpose or by a parolee, by an	26394
offender under transitional control, under a community control	26395
sanction, or on an escorted visit, by a person under post-release	26396
control, or by an offender under any other type of supervision by	26397
a government agency.	26398

(e) The victim of the offense is a school teacher or	26399
administrator or a school bus operator, and the offense occurs in	26400
a school, on school premises, in a school building, on a school	26401
bus, or while the victim is outside of school premises or a school	26402
bus and is engaged in duties or official responsibilities	26403
associated with the victim's employment or position as a school	26404
teacher or administrator or a school bus operator, including, but	26405
not limited to, driving, accompanying, or chaperoning students at	26406
or on class or field trips, athletic events, or other school	26407
extracurricular activities or functions outside of school	26408
premises.	26409

(3) If the victim of the offense is a peace officer or an	26410
investigator of the bureau of criminal identification and	26411
investigation, a firefighter, or a person performing emergency	26412
medical service, while in the performance of their official	26413
duties, assault is a felony of the fourth degree.	26414

(4) If the victim of the offense is a peace officer or an	26415
investigator of the bureau of criminal identification and	26416
investigation and if the victim suffered serious physical harm as	26417
a result of the commission of the offense, assault is a felony of	26418
the fourth degree, and the court, pursuant to division (F) of	26419
section 2929.13 of the Revised Code, shall impose as a mandatory	26420
prison term one of the prison terms prescribed for a felony of the	26421
fourth degree that is at least twelve months in duration.	26422

(5) If the victim of the offense is an officer or employee of	26423
a public children services agency or, a private child placing	26424
agency, or an adult protective services agency and the offense	26425
relates to the officer's or employee's performance or anticipated	26426
performance of official responsibilities or duties, assault is	26427
either a felony of the fifth degree or, if the offender previously	26428
has been convicted of or pleaded guilty to an offense of violence,	26429
the victim of that prior offense was an officer or employee of a	26430
public children services agency or, a private child placing	26431
agency, or an adult protective services agency, and that prior	26432
offense related to the officer's or employee's performance or	26433
anticipated performance of official responsibilities or duties, a	26434
felony of the fourth degree.	26435

(6) If an offender who is convicted of or pleads guilty to	26436
assault when it is a misdemeanor also is convicted of or pleads	26437
guilty to a specification as described in section 2941.1423 of the	26438
Revised Code that was included in the indictment, count in the	26439
indictment, or information charging the offense, the court shall	26440
sentence the offender to a mandatory jail term as provided in	26441
division (G) of section 2929.24 of the Revised Code.	26442

If an offender who is convicted of or pleads guilty to	26443
assault when it is a felony also is convicted of or pleads guilty	26444
to a specification as described in section 2941.1423 of the	26445
Revised Code that was included in the indictment, count in the	26446
indictment, or information charging the offense, except as	26447
otherwise provided in division (C)(4) of this section, the court	26448
shall sentence the offender to a mandatory prison term as	26449
provided in division (D)(8) of section 2929.14 of the Revised	26450
Code.	26451

(D) As used in this section:

26452

(1) "Peace officer" has the same meaning as in section	26453
2935.01 of the Revised Code.	26454

(2) "Firefighter" has the same meaning as in section 3937.41	26455
of the Revised Code.	26456

(3) "Emergency medical service" has the same meaning as in	26457
section 4765.01 of the Revised Code.	26458

(4) "Local correctional facility" means a county,	26459
multicounty, municipal, municipal-county, or multicounty-municipal	26460
jail or workhouse, a minimum security jail established under	26461
section 341.23 or 753.21 of the Revised Code, or another county,	26462
multicounty, municipal, municipal-county, or multicounty-municipal	26463
facility used for the custody of persons arrested for any crime or	26464
delinquent act, persons charged with or convicted of any crime, or	26465
persons alleged to be or adjudicated a delinquent child.	26466

(5) "Employee of a local correctional facility" means a	26467
person who is an employee of the political subdivision or of one	26468
or more of the affiliated political subdivisions that operates the	26469
local correctional facility and who operates or assists in the	26470
operation of the facility.	26471

(6) "School teacher or administrator" means either of the	26472
following:	26473

(a) A person who is employed in the public schools of the	26474
state under a contract described in section 3319.08 of the Revised	26475
Code in a position in which the person is required to have a	26476
certificate issued pursuant to sections 3319.22 to 3319.311 of the	26477
Revised Code.	26478

(b) A person who is employed by a nonpublic school for which	26479
the state board of education prescribes minimum standards under	26480
section 3301.07 of the Revised Code and who is certificated in	26481
accordance with section 3301.071 of the Revised Code.	26482

(7) "Community control sanction" has the same meaning as in	26483
section 2929.01 of the Revised Code.	26484

(8) "Escorted visit" means an escorted visit granted under	26485
section 2967.27 of the Revised Code.	26486

(9) "Post-release control" and "transitional control" have	26487
the same meanings as in section 2967.01 of the Revised Code.	26488

(10) "Investigator of the bureau of criminal identification	26489
and investigation" has the same meaning as in section 2903.11 of	26490
the Revised Code.	26491

Sec. 2903.21. (A) No person shall knowingly cause another to	26492
believe that the offender will cause serious physical harm to the	26493
person or property of the other person, the other person's unborn,	26494
or a member of the other person's immediate family.	26495

(B) Whoever violates this section is guilty of aggravated	26496
menacing. Except as otherwise provided in this division,	26497
aggravated menacing is a misdemeanor of the first degree. If the	26498
victim of the offense is an officer or employee of a public	26499
children services agency or, a private child placing agency, or an	26500
adult protective services agency and the offense relates to the	26501
officer's or employee's performance or anticipated performance of	26502
official responsibilities or duties, aggravated menacing is a	26503
felony of the fifth degree or, if the offender previously has been	26504
convicted of or pleaded guilty to an offense of violence, the	26505
victim of that prior offense was an officer or employee of a	26506
public children services agency or, a private child placing	26507
agency, or an adult protective services agency, and that prior	26508
offense related to the officer's or employee's performance or	26509
anticipated performance of official responsibilities or duties, a	26510
felony of the fourth degree.	26511

Sec. 2903.211. (A)(1) No person by engaging in a pattern of	26512
conduct shall knowingly cause another person to believe that the	26513
offender will cause physical harm to the other person or cause	26514
mental distress to the other person.	26515

(2) No person, through the use of any electronic method of	26516
remotely transferring information, including, but not limited to,	26517
any computer, computer network, computer program, or computer	26518
system, shall post a message with purpose to urge or incite	26519
another to commit a violation of division (A)(1) of this section.	26520

(3) No person, with a sexual motivation, shall violate	26521
division (A)(1) or (2) of this section.	26522

(B) Whoever violates this section is guilty of menacing by	26523
stalking.	26524

(1) Except as otherwise provided in divisions (B)(2) and (3)	26525
of this section, menacing by stalking is a misdemeanor of the	26526
first degree.	26527

(2) Menacing by stalking is a felony of the fourth degree if	26528
any of the following applies:	26529

(a) The offender previously has been convicted of or pleaded	26530
guilty to a violation of this section or a violation of section	26531
2911.211 of the Revised Code.	26532

(b) In committing the offense under division (A)(1), (2), or	26533
(3) of this section, the offender made a threat of physical harm	26534
to or against the victim, or as a result of an offense committed	26535
under division (A)(2) or (3) of this section, a third person	26536
induced by the offender's posted message made a threat of	26537
physical harm to or against the victim.	26538

(c) In committing the offense under division (A)(1), (2), or	26539
(3) of this section, the offender trespassed on the land or	26540
premises where the victim lives, is employed, or attends school,	26541
or as a result of an offense committed under division (A)(2) or	26542
(3) of this section, a third person induced by the offender's	26543
posted message trespassed on the land or premises where the victim	26544
lives, is employed, or attends school.	26545

(d) The victim of the offense is a minor.

26546

(e) The offender has a history of violence toward the victim	26547
or any other person or a history of other violent acts toward the	26548
victim or any other person.	26549

(f) While committing the offense under division (A)(1) of	26550
this section or a violation of division (A)(3) of this section	26551
based on conduct in violation of division (A)(1) of this section,	26552
the offender had a deadly weapon on or about the offender's person	26553
or under the offender's control. Division (B)(2)(f) of this	26554
section does not apply in determining the penalty for a violation	26555
of division (A)(2) of this section or a violation of division	26556
(A)(3) of this section based on conduct in violation of division	26557
(A)(2) of this section.	26558

(g) At the time of the commission of the offense, the	26559
offender was the subject of a protection order issued under	26560
section 2903.213 or 2903.214 of the Revised Code, regardless of	26561
whether the person to be protected under the order is the victim	26562
of the offense or another person.	26563

(h) In committing the offense under division (A)(1), (2), or	26564
(3) of this section, the offender caused serious physical harm to	26565
the premises at which the victim resides, to the real property on	26566
which that premises is located, or to any personal property	26567
located on that premises, or, as a result of an offense committed	26568
under division (A)(2) of this section or an offense committed	26569
under division (A)(3) of this section based on a violation of	26570
division (A)(2) of this section, a third person induced by the	26571
offender's posted message caused serious physical harm to that	26572
premises, that real property, or any personal property on that	26573
premises.	26574

(i) Prior to committing the offense, the offender had been	26575
determined to represent a substantial risk of physical harm to	26576
others as manifested by evidence of then-recent homicidal or other	26577
violent behavior, evidence of then-recent threats that placed	26578
another in reasonable fear of violent behavior and serious	26579
physical harm, or other evidence of then-present dangerousness.	26580

(3) If the victim of the offense is an officer or employee of	26581
a public children services agency or, a private child placing	26582
agency, or an adult protective services agency and the offense	26583
relates to the officer's or employee's performance or anticipated	26584
performance of official responsibilities or duties, menacing by	26585
stalking is either a felony of the fifth degree or, if the	26586
offender previously has been convicted of or pleaded guilty to an	26587
offense of violence, the victim of that prior offense was an	26588
officer or employee of a public children services agency or, a	26589
private child placing agency, or an adult protective services	26590
agency, and that prior offense related to the officer's or	26591
employee's performance or anticipated performance of official	26592
responsibilities or duties, a felony of the fourth degree.	26593

(C) Section 2919.271 of the Revised Code applies in relation	26594
to a defendant charged with a violation of this section.	26595

(D) As used in this section:

26596

(1) "Pattern of conduct" means two or more actions or	26597
incidents closely related in time, whether or not there has been a	26598
prior conviction based on any of those actions or incidents.	26599
Actions or incidents that prevent, obstruct, or delay the	26600
performance by a public official, firefighter, rescuer, emergency	26601
medical services person, or emergency facility person of any	26602
authorized act within the public official's, firefighter's,	26603
rescuer's, emergency medical services person's, or emergency	26604
facility person's official capacity, or the posting of messages or	26605
receipt of information or data through the use of an electronic	26606
method of remotely transferring information, including, but not	26607
limited to, a computer, computer network, computer program,	26608
computer system, or telecommunications device, may constitute a	26609
"pattern of conduct."	26610

(2) "Mental distress" means any of the following:

26611

(a) Any mental illness or condition that involves some	26612
temporary substantial incapacity;	26613

(b) Any mental illness or condition that would normally	26614
require psychiatric treatment, psychological treatment, or other	26615
mental health services, whether or not any person requested or	26616
received psychiatric treatment, psychological treatment, or other	26617
mental health services.	26618

(3) "Emergency medical services person" is the singular of	26619
"emergency medical services personnel" as defined in section	26620
2133.21 of the Revised Code.	26621

(4) "Emergency facility person" is the singular of "emergency	26622
facility personnel" as defined in section 2909.04 of the Revised	26623
Code.	26624

(5) "Public official" has the same meaning as in section	26625
2921.01 of the Revised Code.	26626

(6) "Computer," "computer network," "computer program,"	26627
"computer system," and "telecommunications device" have the same	26628
meanings as in section 2913.01 of the Revised Code.	26629

(7) "Post a message" means transferring, sending, posting,	26630
publishing, disseminating, or otherwise communicating, or	26631
attempting to transfer, send, post, publish, disseminate, or	26632
otherwise communicate, any message or information, whether	26633
truthful or untruthful, about an individual, and whether done	26634
under one's own name, under the name of another, or while	26635
impersonating another.	26636

(8) "Third person" means, in relation to conduct as described	26637
in division (A)(2) of this section, an individual who is neither	26638
the offender nor the victim of the conduct.	26639

(9) "Sexual motivation" has the same meaning as in section	26640
2971.01 of the Revised Code.	26641

(E) The state does not need to prove in a prosecution under	26642
this section that a person requested or received psychiatric	26643
treatment, psychological treatment, or other mental health	26644
services in order to show that the person was caused mental	26645
distress as described in division (D)(2)(b) of this section.	26646

(F)(1) This section does not apply to a person solely because	26647
the person provided access or connection to or from an electronic	26648
method of remotely transferring information not under that	26649
person's control, including having provided capabilities that are	26650
incidental to providing access or connection to or from the	26651
electronic method of remotely transferring the information, and	26652
that do not include the creation of the content of the material	26653
that is the subject of the access or connection. In addition, any	26654
person providing access or connection to or from an electronic	26655
method of remotely transferring information not under that	26656
person's control shall not be liable for any action voluntarily	26657
taken in good faith to block the receipt or transmission through	26658
its service of any information that it believes is, or will be	26659
sent, in violation of this section.	26660

(2) Division (F)(1) of this section does not create an	26661
affirmative duty for any person providing access or connection to	26662
or from an electronic method of remotely transferring information	26663
not under that person's control to block the receipt or	26664
transmission through its service of any information that it	26665
believes is, or will be sent, in violation of this section except	26666
as otherwise provided by law.	26667

(3) Division (F)(1) of this section does not apply to a	26668
person who conspires with a person actively involved in the	26669
creation or knowing distribution of material in violation of this	26670
section or who knowingly advertises the availability of material	26671
of that nature.	26672

Sec. 2903.22. (A) No person shall knowingly cause another to	26673
believe that the offender will cause physical harm to the person	26674
or property of the other person, the other person's unborn, or a	26675
member of the other person's immediate family.	26676

(B) Whoever violates this section is guilty of menacing.	26677
Except as otherwise provided in this division, menacing is a	26678
misdemeanor of the fourth degree. If the victim of the offense is	26679
an officer or employee of a public children services agency or, a	26680
private child placing agency, or an adult protective services	26681
agency and the offense relates to the officer's or employee's	26682
performance or anticipated performance of official	26683
responsibilities or duties, menacing is a misdemeanor of the first	26684
degree or, if the offender previously has been convicted of or	26685
pleaded guilty to an offense of violence, the victim of that prior	26686
offense was an officer or employee of a public children services	26687
agency or, a private child placing agency, or an adult protective	26688
services agency, and that prior offense related to the officer's	26689
or employee's performance or anticipated performance of official	26690
responsibilities or duties, a felony of the fourth degree.	26691

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	26692
Revised Code:	26693

(A) "Care facility" means any of the following:

26694

(1) Any "home" as defined in section 3721.10 or 5111.20 of	26695
the Revised Code;	26696

(2) Any "residential facility" as defined in section 5123.19	26697
of the Revised Code;	26698

(3) Any institution or facility operated or provided by the	26699
department of mental health or by the department of mental	26700
retardation and developmental disabilities pursuant to sections	26701
5119.02 and 5123.03 of the Revised Code;	26702

(4) Any "residential facility" as defined in section 5119.22	26703
of the Revised Code;	26704

(5) Any unit of any hospital, as defined in section 3701.01	26705
of the Revised Code, that provides the same services as a nursing	26706
home, as defined in section 3721.01 of the Revised Code;	26707

(6) Any institution, residence, or facility that provides,	26708
for a period of more than twenty-four hours, whether for a	26709
consideration or not, accommodations to one individual or two	26710
unrelated individuals who are dependent upon the services of	26711
others;	26712

(7) Any "adult care facility" as defined in section 3722.01	26713
of the Revised Code;	26714

(8) Any adult foster home certified by the department of	26715
aging or its designee under section 173.36 of the Revised Code;	26716

~~(9) Any "community alternative home" as defined in section~~	26717
~~3724.01 of the Revised Code~~.	26718

(B) "Abuse" means knowingly causing physical harm or	26719
recklessly causing serious physical harm to a person by physical	26720
contact with the person or by the inappropriate use of a physical	26721
or chemical restraint, medication, or isolation on the person.	26722

(C)(1) "Gross neglect" means knowingly failing to provide a	26723
person with any treatment, care, goods, or service that is	26724
necessary to maintain the health or safety of the person when the	26725
failure results in physical harm or serious physical harm to the	26726
person.	26727

(2) "Neglect" means recklessly failing to provide a person	26728
with any treatment, care, goods, or service that is necessary to	26729
maintain the health or safety of the person when the failure	26730
results in serious physical harm to the person.	26731

(D) "Inappropriate use of a physical or chemical restraint,	26732
medication, or isolation" means the use of physical or chemical	26733
restraint, medication, or isolation as punishment, for staff	26734
convenience, excessively, as a substitute for treatment, or in	26735
quantities that preclude habilitation and treatment.	26736

Sec. 2911.21. (A) No person, without privilege to do so,	26737
shall do any of the following:	26738

(1) Knowingly enter or remain on the land or premises of	26739
another;	26740

(2) Knowingly enter or remain on the land or premises of	26741
another, the use of which is lawfully restricted to certain	26742
persons, purposes, modes, or hours, when the offender knows the	26743
offender is in violation of any such restriction or is reckless in	26744
that regard;	26745

(3) Recklessly enter or remain on the land or premises of	26746
another, as to which notice against unauthorized access or	26747
presence is given by actual communication to the offender, or in a	26748
manner prescribed by law, or by posting in a manner reasonably	26749
calculated to come to the attention of potential intruders, or by	26750
fencing or other enclosure manifestly designed to restrict access;	26751

(4) Being on the land or premises of another, negligently	26752
fail or refuse to leave upon being notified by signage posted in a	26753
conspicuous place or otherwise being notified to do so by the	26754
owner or occupant, or the agent or servant of either.	26755

(B) It is no defense to a charge under this section that the	26756
land or premises involved was owned, controlled, or in custody of	26757
a public agency.	26758

(C) It is no defense to a charge under this section that the	26759
offender was authorized to enter or remain on the land or premises	26760
involved, when such authorization was secured by deception.	26761

(D)(1) Whoever violates this section is guilty of criminal	26762
trespass, a misdemeanor of the fourth degree.	26763

(2) Notwithstanding section 2929.28 of the Revised Code, if	26764
the person, in committing the violation of this section, used an	26765
a snowmobile, off-highway motorcycle, or all-purpose vehicle, the	26766
court shall impose a fine of two times the usual amount imposed	26767
for the violation.	26768

(3) If an offender previously has been convicted of or	26769
pleaded guilty to two or more violations of this section or a	26770
substantially equivalent municipal ordinance, and the offender, in	26771
committing each violation, used ana snowmobile, off-highway	26772
motorcycle, or all-purpose vehicle, the court, in addition to or	26773
independent of all other penalties imposed for the violation, may	26774
impound the certificate of registration of that snowmobile or	26775
off-highway motorcycle or the certificate of registration and	26776
license plate of that all-purpose vehicle for not less than sixty	26777
days. In such a case, section 4519.47 of the Revised Code applies.	26778

(E) Notwithstanding any provision of the Revised Code, if the	26779
offender, in committing the violation of this section, used an	26780
all-purpose vehicle, the clerk of the court shall pay the fine	26781
imposed pursuant to this section to the state recreational vehicle	26782
fund created by section 4519.11 of the Revised Code.	26783

(F) As used in this section:

26784

(1) "All-purpose vehicle," ~~has~~"off-highway motorcycle," and	26785
"snowmobile" have the same ~~meaning~~meanings as in section 4519.01	26786
of the Revised Code.	26787

(2) "Land or premises" includes any land, building,	26788
structure, or place belonging to, controlled by, or in custody of	26789
another, and any separate enclosure or room, or portion thereof.	26790

Sec. 2913.46. (A)(1) As used in this section:

26791

(a) "Electronically transferred benefit" means the transfer	26792
of ~~food stamp~~supplemental nutrition assistance program benefits	26793
or WIC program benefits through the use of an access device.	26794

(b) "WIC program benefits" includes money, coupons, delivery	26795
verification receipts, other documents, food, or other property	26796
received directly or indirectly pursuant to section 17 of the	26797
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	26798
amended.	26799

(c) "Access device" means any card, plate, code, account	26800
number, or other means of access that can be used, alone or in	26801
conjunction with another access device, to obtain payments,	26802
allotments, benefits, money, goods, or other things of value or	26803
that can be used to initiate a transfer of funds pursuant to	26804
section 5101.33 of the Revised Code and the "Food ~~Stamp~~and	26805
Nutrition Act of ~~1977," 91 Stat. 958,~~2008 (7 U.S.C.A. 2011 et	26806
seq.), or any supplemental food program administered by any	26807
department of this state or any county or local agency pursuant to	26808
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	26809
U.S.C.A. 1786, as amended. An "access device" may include any	26810
electronic debit card or other means authorized by section 5101.33	26811
of the Revised Code.	26812

~~(c)~~(d) "Aggregate value of ~~the food stamp coupons~~	26813
supplemental nutrition assistance program benefits, WIC program	26814
benefits, and electronically transferred benefits involved in the	26815
violation" means the total face value of any ~~food stamps~~	26816
supplemental nutrition assistance program benefits, plus the total	26817
face value of WIC program coupons or delivery verification	26818
receipts, plus the total value of other WIC program benefits, plus	26819
the total value of any electronically transferred benefit or other	26820
access device, involved in the violation.	26821

~~(d)~~(e) "Total value of any electronically transferred benefit	26822
or other access device" means the total value of the payments,	26823
allotments, benefits, money, goods, or other things of value that	26824
may be obtained, or the total value of funds that may be	26825
transferred, by use of any electronically transferred benefit or	26826
other access device at the time of violation.	26827

(2) If ~~food stamp coupons~~supplemental nutrition assistance	26828
program benefits, WIC program benefits, or electronically	26829
transferred benefits or other access devices of various values are	26830
used, transferred, bought, acquired, altered, purchased,	26831
possessed, presented for redemption, or transported in violation	26832
of this section over a period of twelve months, the course of	26833
conduct may be charged as one offense and the values of ~~food stamp~~	26834
~~coupons~~supplemental nutrition assistance program benefits, WIC	26835
program benefits, or any electronically transferred benefits or	26836
other access devices may be aggregated in determining the degree	26837
of the offense.	26838

(B) No individual shall knowingly possess, buy, sell, use,	26839
alter, accept, or transfer ~~food stamp coupons~~supplemental	26840
nutrition assistance program benefits, WIC program benefits, or	26841
any electronically transferred benefit in any manner not	26842
authorized by the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat.~~	26843
~~958,~~2008 (7 U.S.C.A. 2011~~, as amended,~~et seq.) or section 17 of	26844
the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786,	26845
as amended.	26846

(C) No organization, as defined in division (D) of section	26847
2901.23 of the Revised Code, shall do either of the following:	26848

(1) Knowingly allow an employee or agent to sell, transfer,	26849
or trade items or services, the purchase of which is prohibited by	26850
the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat. 958,~~2008 (7	26851
U.S.C.A. 2011~~, as amended,~~et seq. or section 17 of the "Child	26852
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	26853
amended, in exchange for ~~food stamp coupons~~supplemental nutrition	26854
assistance program benefits, WIC program benefits, or any	26855
electronically transferred benefit;	26856

(2) Negligently allow an employee or agent to sell, transfer,	26857
or exchange ~~food stamp coupons~~supplemental nutrition assistance	26858
program benefits, WIC program benefits, or any electronically	26859
transferred benefit for anything of value.	26860

(D) Whoever violates this section is guilty of illegal use of	26861
~~food stamps~~supplemental nutrition assistance program benefits or	26862
WIC program benefits. Except as otherwise provided in this	26863
division, illegal use of ~~food stamps~~supplemental nutrition	26864
assistance program benefits or WIC program benefits is a felony of	26865
the fifth degree. If the aggregate value of the ~~food stamp coupons~~	26866
supplemental nutrition assistance program benefits, WIC program	26867
benefits, and electronically transferred benefits involved in the	26868
violation is five hundred dollars or more and is less than five	26869
thousand dollars, illegal use of ~~food stamps~~supplemental	26870
nutrition assistance program benefits or WIC program benefits is	26871
a felony of the fourth degree. If the aggregate value of the	26872
~~food stamp coupons~~supplemental nutrition assistance program	26873
benefits, WIC program benefits, and electronically transferred	26874
benefits involved in the violation is five thousand dollars or	26875
more and is less than one hundred thousand dollars, illegal use	26876
of ~~food stamps~~supplemental nutrition assistance program	26877
benefits or WIC program benefits is a felony of the third	26878
degree. If the aggregate value of the ~~food stamp coupons~~	26879
supplemental nutrition assistance program benefits, WIC program	26880
benefits, and electronically transferred benefits involved in	26881
the violation is one hundred thousand dollars or more, illegal	26882
use of ~~food stamps~~supplemental nutrition assistance program	26883
benefits or WIC program benefits is a felony of the second	26884
degree.	26885

Sec. 2921.13. (A) No person shall knowingly make a false	26886
statement, or knowingly swear or affirm the truth of a false	26887
statement previously made, when any of the following applies:	26888

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

26889

(2) The statement is made with purpose to incriminate	26890
another.	26891

(3) The statement is made with purpose to mislead a public	26892
official in performing the public official's official function.	26893

(4) The statement is made with purpose to secure the payment	26894
of unemployment compensation; Ohio works first; prevention,	26895
retention, and contingency benefits and services; disability	26896
financial assistance; retirement benefits; economic development	26897
assistance, as defined in section 9.66 of the Revised Code; or	26898
other benefits administered by a governmental agency or paid out	26899
of a public treasury.	26900

(5) The statement is made with purpose to secure the issuance	26901
by a governmental agency of a license, permit, authorization,	26902
certificate, registration, release, or provider agreement.	26903

(6) The statement is sworn or affirmed before a notary public	26904
or another person empowered to administer oaths.	26905

(7) The statement is in writing on or in connection with a	26906
report or return that is required or authorized by law.	26907

(8) The statement is in writing and is made with purpose to	26908
induce another to extend credit to or employ the offender, to	26909
confer any degree, diploma, certificate of attainment, award of	26910
excellence, or honor on the offender, or to extend to or bestow	26911
upon the offender any other valuable benefit or distinction, when	26912
the person to whom the statement is directed relies upon it to	26913
that person's detriment.	26914

(9) The statement is made with purpose to commit or	26915
facilitate the commission of a theft offense.	26916

(10) The statement is knowingly made to a probate court in	26917
connection with any action, proceeding, or other matter within its	26918
jurisdiction, either orally or in a written document, including,	26919
but not limited to, an application, petition, complaint, or other	26920
pleading, or an inventory, account, or report.	26921

(11) The statement is made on an account, form, record,	26922
stamp, label, or other writing that is required by law.	26923

(12) The statement is made in connection with the purchase of	26924
a firearm, as defined in section 2923.11 of the Revised Code, and	26925
in conjunction with the furnishing to the seller of the firearm of	26926
a fictitious or altered driver's or commercial driver's license or	26927
permit, a fictitious or altered identification card, or any other	26928
document that contains false information about the purchaser's	26929
identity.	26930

(13) The statement is made in a document or instrument of	26931
writing that purports to be a judgment, lien, or claim of	26932
indebtedness and is filed or recorded with the secretary of state,	26933
a county recorder, or the clerk of a court of record.	26934

(14) ~~The statement is made with purpose to obtain an Ohio's~~	26935
~~best Rx program enrollment card under section 173.773 of the~~	26936
~~Revised Code or a payment under section 173.801 of the Revised~~	26937
~~Code.~~	26938

~~(15)~~ The statement is made in an application filed with a	26939
county sheriff pursuant to section 2923.125 of the Revised Code in	26940
order to obtain or renew a license to carry a concealed handgun or	26941
is made in an affidavit submitted to a county sheriff to obtain a	26942
temporary emergency license to carry a concealed handgun under	26943
section 2923.1213 of the Revised Code.	26944

~~(16)~~(15) The statement is required under section 5743.71 of	26945
the Revised Code in connection with the person's purchase of	26946
cigarettes or tobacco products in a delivery sale.	26947

(B) No person, in connection with the purchase of a firearm,	26948
as defined in section 2923.11 of the Revised Code, shall knowingly	26949
furnish to the seller of the firearm a fictitious or altered	26950
driver's or commercial driver's license or permit, a fictitious or	26951
altered identification card, or any other document that contains	26952
false information about the purchaser's identity.	26953

(C) No person, in an attempt to obtain a license to carry a	26954
concealed handgun under section 2923.125 of the Revised Code,	26955
shall knowingly present to a sheriff a fictitious or altered	26956
document that purports to be certification of the person's	26957
competence in handling a handgun as described in division (B)(3)	26958
of section 2923.125 of the Revised Code.	26959

(D) It is no defense to a charge under division (A)(6) of	26960
this section that the oath or affirmation was administered or	26961
taken in an irregular manner.	26962

(E) If contradictory statements relating to the same fact are	26963
made by the offender within the period of the statute of	26964
limitations for falsification, it is not necessary for the	26965
prosecution to prove which statement was false but only that one	26966
or the other was false.	26967

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	26968
(6), (7), (8), (10), (11), (13), ~~(14),~~ or ~~(16)~~(15) of this section	26969
is guilty of falsification, a misdemeanor of the first degree.	26970

(2) Whoever violates division (A)(9) of this section is	26971
guilty of falsification in a theft offense. Except as otherwise	26972
provided in this division, falsification in a theft offense is a	26973
misdemeanor of the first degree. If the value of the property or	26974
services stolen is five hundred dollars or more and is less than	26975
five thousand dollars, falsification in a theft offense is a	26976
felony of the fifth degree. If the value of the property or	26977
services stolen is five thousand dollars or more and is less than	26978
one hundred thousand dollars, falsification in a theft offense is	26979
a felony of the fourth degree. If the value of the property or	26980
services stolen is one hundred thousand dollars or more,	26981
falsification in a theft offense is a felony of the third degree.	26982

(3) Whoever violates division (A)(12) or (B) of this section	26983
is guilty of falsification to purchase a firearm, a felony of the	26984
fifth degree.	26985

(4) Whoever violates division (A)~~(15)~~(14) or (C) of this	26986
section is guilty of falsification to obtain a concealed handgun	26987
license, a felony of the fourth degree.	26988

(G) A person who violates this section is liable in a civil	26989
action to any person harmed by the violation for injury, death, or	26990
loss to person or property incurred as a result of the commission	26991
of the offense and for reasonable attorney's fees, court costs,	26992
and other expenses incurred as a result of prosecuting the civil	26993
action commenced under this division. A civil action under this	26994
division is not the exclusive remedy of a person who incurs	26995
injury, death, or loss to person or property as a result of a	26996
violation of this section.	26997

Sec. 2929.17. Except as provided in this section, the court	26998
imposing a sentence for a felony upon an offender who is not	26999
required to serve a mandatory prison term may impose any	27000
nonresidential sanction or combination of nonresidential sanctions	27001
authorized under this section. If the court imposes one or more	27002
nonresidential sanctions authorized under this section, the court	27003
shall impose as a condition of the sanction that, during the	27004
period of the nonresidential sanction, the offender shall abide by	27005
the law and shall not leave the state without the permission of	27006
the court or the offender's probation officer.	27007

The court imposing a sentence for a fourth degree felony OVI	27008
offense under division (G)(1) or (2) of section 2929.13 of the	27009
Revised Code or for a third degree felony OVI offense under	27010
division (G)(2) of that section may impose upon the offender, in	27011
addition to the mandatory term of local incarceration or mandatory	27012
prison term imposed under the applicable division, a	27013
nonresidential sanction or combination of nonresidential sanctions	27014
under this section, and the offender shall serve or satisfy the	27015
sanction or combination of sanctions after the offender has served	27016
the mandatory term of local incarceration or mandatory prison term	27017
required for the offense. The court shall not impose a term in a	27018
drug treatment program as described in division (D) of this	27019
section until after considering an assessment by a properly	27020
credentialed treatment professional, if available. Nonresidential	27021
sanctions include, but are not limited to, the following:	27022

(A) A term of day reporting;

27023

(B) A term of house arrest with electronic monitoring or	27024
continuous alcohol monitoring or both electronic monitoring and	27025
continuous alcohol monitoring, a term of electronic monitoring or	27026
continuous alcohol monitoring without house arrest, or a term of	27027
house arrest without electronic monitoring or continuous alcohol	27028
monitoring;	27029

(C) A term of community service of up to five hundred hours	27030
pursuant to division (B) of section 2951.02 of the Revised Code	27031
or, if the court determines that the offender is financially	27032
incapable of fulfilling a financial sanction described in section	27033
2929.18 of the Revised Code, a term of community service as an	27034
alternative to a financial sanction;	27035

(D) A term in a drug treatment program with a level of	27036
security for the offender as determined by the court;	27037

(E) A term of intensive probation supervision;

27038

(F) A term of basic probation supervision;

27039

(G) A term of monitored time;

27040

(H) A term of drug and alcohol use monitoring, including	27041
random drug testing;	27042

(I) A curfew term;

27043

(J) A requirement that the offender obtain employment;

27044

(K) A requirement that the offender obtain education or	27045
training;	27046

(L) Provided the court obtains the prior approval of the	27047
victim, a requirement that the offender participate in	27048
victim-offender mediation;	27049

(M) A license violation report;

27050

(N) If the offense is a violation of section 2919.25 or a	27051
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	27052
Code involving a person who was a family or household member at	27053
the time of the violation, if the offender committed the offense	27054
in the vicinity of one or more children who are not victims of the	27055
offense, and if the offender or the victim of the offense is a	27056
parent, guardian, custodian, or person in loco parentis of one or	27057
more of those children, a requirement that the offender obtain	27058
counseling. This division does not limit the court in requiring	27059
the offender to obtain counseling for any offense or in any	27060
circumstance not specified in this division.	27061

(O) If the offense is a felony violation of division (A)(2)	27062
or (B) of section 2919.21 of the Revised Code, a requirement that	27063
the offender participate in and complete a community corrections	27064
program, as established under sections 5149.30 to 5149.37 of the	27065
Revised Code, unless the offender has previously participated in a	27066
community corrections program within the past three years, if	27067
available in the county in which the court imposing the sentence	27068
is located.	27069

Sec. 2937.22. (A) Bail is security for the appearance of an	27070
accused to appear and answer to a specific criminal or	27071
quasi-criminal charge in any court or before any magistrate at a	27072
specific time or at any time to which a case may be continued, and	27073
not depart without leave. It may take any of the following forms:	27074

~~(A)~~(1) The deposit of cash by the accused or by some other	27075
person for ~~him~~the accused;	27076

~~(B)~~(2) The deposit by the accused or by some other person for	27077
~~him~~the accused in form of bonds of the United States, this state,	27078
or any political subdivision thereof in a face amount equal to the	27079
sum set by the court or magistrate. In case of bonds not	27080
negotiable by delivery such bonds shall be properly endorsed for	27081
transfer.	27082

~~(C)~~(3) The written undertaking by one or more persons to	27083
forfeit the sum of money set by the court or magistrate, if the	27084
accused is in default for appearance, which shall be known as a	27085
recognizance.	27086

(B) Whenever a person is charged with any offense other than	27087
a traffic offense that is not a moving violation and posts bail,	27088
the person shall pay a surcharge of twenty-five dollars. The clerk	27089
of the court shall retain the twenty-five dollars until the person	27090
is convicted, pleads guilty, forfeits bail, is found not guilty,	27091
or has the charges dismissed. If the person is convicted, pleads	27092
guilty, or forfeits bail, the clerk shall transmit the twenty-five	27093
dollars on or before the twentieth day of the month following the	27094
month in which the person was convicted, pleaded guilty, or	27095
forfeited bail to the treasurer of state, and the treasurer of	27096
state shall deposit it into the indigent defense support fund	27097
created under section 120.08 of the Revised Code. If the person is	27098
found not guilty or the charges are dismissed, the clerk shall	27099
return the twenty-five dollars to the person.	27100

(C) All bail shall be received by the clerk of the court,	27101
deputy clerk of court, or by the magistrate, or by a special	27102
referee appointed by the supreme court pursuant to section 2937.46	27103
of the Revised Code, and, except in cases of recognizances,	27104
receipt shall be given therefor ~~by him~~.	27105

(D) As used in this section, "moving violation" has the same	27106
meaning as in section 2743.70 of the Revised Code.	27107

Sec. 2949.091. (A)(1)(a) The court, in which any person is	27108
convicted of or pleads guilty to any offense ~~other than a traffic~~	27109
~~offense that is not a moving violation,~~ shall impose one of the	27110
~~sum of fifteen dollars~~following sums as costs in the case in	27111
addition to any other court costs that the court is required by	27112
law to impose upon the offender:	27113

(i) Thirty dollars if the offense is a felony;

27114

(ii) Twenty dollars if the offense is a misdemeanor other	27115
than a traffic offense that is not a moving violation;	27116

(iii) Ten dollars if the offense is a traffic offense that	27117
is not a moving violation, excluding parking violations. ~~All such~~	27118

(b) All moneys collected pursuant to division (A)(1)(a) of	27119
this section during a month shall be transmitted on or before the	27120
twentieth day of the following month by the clerk of the court to	27121
the treasurer of state and deposited by the treasurer of state	27122
~~into~~to the credit of the ~~general revenue~~indigent defense support	27123
fund established under section 120.08 of the Revised Code. The	27124
court shall not waive the payment of the additional ~~fifteen~~	27125
~~dollars~~thirty-, twenty-, or ten-dollar court costs, unless the	27126
court determines that the offender is indigent and waives the	27127
payment of all court costs imposed upon the indigent offender.	27128

(2)(a) The juvenile court, in which a child is found to be a	27129
delinquent child or a juvenile traffic offender for an act ~~which~~	27130
that, if committed by an adult, would be an offense ~~other than a~~	27131
~~traffic offense that is not a moving violation~~, shall impose one	27132
of the ~~sum of fifteen dollars~~following sums as costs in the case	27133
in addition to any other court costs that the court is required	27134
or permitted by law to impose upon the delinquent child or	27135
juvenile traffic offender:	27136

(i) Thirty dollars if the offense is a felony;

27137

(ii) Twenty dollars if the offense is a misdemeanor other	27138
than a traffic offense that is not a moving violation;	27139

(iii) Ten dollars if the offense is a traffic offense that	27140
is not a moving violation, excluding parking violations. ~~All such~~	27141

(b) All moneys collected pursuant to division (A)(2)(a) of	27142
this section during a month shall be transmitted on or before the	27143
twentieth day of the following month by the clerk of the court to	27144
the treasurer of state and deposited by the treasurer of state	27145
~~into~~to the credit of the ~~general revenue~~indigent defense support	27146
fund established under section 120.08 of the Revised Code. The	27147
~~fifteen dollars~~thirty-, twenty-, or ten-dollar court costs shall	27148
be collected in all cases unless the court determines the juvenile	27149
is indigent and waives the payment of all court costs, or enters	27150
an order on its journal stating that it has determined that the	27151
juvenile is indigent, that no other court costs are to be taxed in	27152
the case, and that the payment of the ~~fifteen dollars~~thirty-,	27153
twenty-, or ten-dollar court costs is waived.	27154

(B) Whenever a person is charged with any offense ~~other than~~	27155
~~a traffic offense that is not a moving violation and posts bail~~	27156
described in division (A)(1) of this section, the court shall add	27157
to the amount of the bail the ~~fifteen~~thirty, twenty, or ten	27158
dollars required to be paid by division (A)(1) of this section.	27159
The ~~fifteen~~thirty, twenty, or ten dollars shall be retained by	27160
the clerk of the court until the person is convicted, pleads	27161
guilty, forfeits bail, is found not guilty, or has the charges	27162
dismissed. If the person is convicted, pleads guilty, or forfeits	27163
bail, the clerk shall transmit the ~~fifteen~~thirty, twenty, or ten	27164
dollars on or before the twentieth day of the month following the	27165
month in which the person was convicted, pleaded guilty, or	27166
forfeited bail to the treasurer of state, who shall deposit it	27167
~~into~~to the credit of the ~~general revenue~~indigent defense	27168
support fund established under section 120.08 of the Revised	27169
Code. If the person is found not guilty or the charges are	27170
dismissed, the clerk shall return the ~~fifteen~~thirty, twenty, or	27171
ten dollars to the person.	27172

(C) No person shall be placed or held in a detention facility	27173
for failing to pay the additional ~~fifteen dollars~~thirty-,	27174
twenty-, or ten-dollar court costs or bail that are required to	27175
be paid by this section.	27176

(D) As used in this section:

27177

(1) "Moving violation" and "bail" have the same meanings as	27178
in section 2743.70 of the Revised Code.	27179

(2) "Detention facility" has the same meaning as in section	27180
2921.01 of the Revised Code.	27181

Sec. 2949.111. (A) As used in this section:

27182

(1) "Court costs" means any assessment that the court	27183
requires an offender to pay to defray the costs of operating the	27184
court.	27185

(2) "State fines or costs" means any costs imposed or	27186
forfeited bail collected by the court under section 2743.70 of the	27187
Revised Code for deposit into the reparations fund or under	27188
section 2949.091 of the Revised Code for deposit into the ~~general~~	27189
~~revenue~~indigent defense support fund established under section	27190
120.08 of the Revised Code and all fines, penalties, and forfeited	27191
bail collected by the court and paid to a law library association	27192
under sections 3375.50 to 3375.53 of the Revised Code.	27193

(3) "Reimbursement" means any reimbursement for the costs of	27194
confinement that the court orders an offender to pay pursuant to	27195
section 2929.28 of the Revised Code, any supervision fee, any fee	27196
for the costs of house arrest with electronic monitoring that an	27197
offender agrees to pay, any reimbursement for the costs of an	27198
investigation or prosecution that the court orders an offender to	27199
pay pursuant to section 2929.71 of the Revised Code, or any other	27200
costs that the court orders an offender to pay.	27201

(4) "Supervision fees" means any fees that a court, pursuant	27202
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	27203
requires an offender who is under a community control sanction to	27204
pay for supervision services.	27205

(5) "Community control sanction" has the same meaning as in	27206
section 2929.01 of the Revised Code.	27207

(B) Unless the court, in accordance with division (C) of this	27208
section, enters in the record of the case a different method of	27209
assigning payments, if a person who is charged with a misdemeanor	27210
is convicted of or pleads guilty to the offense, if the court	27211
orders the offender to pay any combination of court costs, state	27212
fines or costs, restitution, a conventional fine, or any	27213
reimbursement, and if the offender makes any payment of any of	27214
them to a clerk of court, the clerk shall assign the offender's	27215
payment in the following manner:	27216

(1) If the court ordered the offender to pay any court costs,	27217
the offender's payment shall be assigned toward the satisfaction	27218
of those court costs until they have been entirely paid.	27219

(2) If the court ordered the offender to pay any state fines	27220
or costs and if all of the court costs that the court ordered the	27221
offender to pay have been paid, the remainder of the offender's	27222
payment shall be assigned on a pro rata basis toward the	27223
satisfaction of the state fines or costs until they have been	27224
entirely paid.	27225

(3) If the court ordered the offender to pay any restitution	27226
and if all of the court costs and state fines or costs that the	27227
court ordered the offender to pay have been paid, the remainder of	27228
the offender's payment shall be assigned toward the satisfaction	27229
of the restitution until it has been entirely paid.	27230

(4) If the court ordered the offender to pay any fine and if	27231
all of the court costs, state fines or costs, and restitution that	27232
the court ordered the offender to pay have been paid, the	27233
remainder of the offender's payment shall be assigned toward the	27234
satisfaction of the fine until it has been entirely paid.	27235

(5) If the court ordered the offender to pay any	27236
reimbursement and if all of the court costs, state fines or costs,	27237
restitution, and fines that the court ordered the offender to pay	27238
have been paid, the remainder of the offender's payment shall be	27239
assigned toward the satisfaction of the reimbursements until they	27240
have been entirely paid.	27241

(C) If a person who is charged with a misdemeanor is	27242
convicted of or pleads guilty to the offense and if the court	27243
orders the offender to pay any combination of court costs, state	27244
fines or costs, restitution, fines, or reimbursements, the court,	27245
at the time it orders the offender to make those payments, may	27246
prescribe an order of payments that differs from the order set	27247
forth in division (B) of this section by entering in the record of	27248
the case the order so prescribed. If a different order is entered	27249
in the record, on receipt of any payment, the clerk of the court	27250
shall assign the payment in the manner prescribed by the court.	27251

Sec. 2981.13. (A) Except as otherwise provided in this	27252
section, property ordered forfeited as contraband, proceeds, or an	27253
instrumentality pursuant to this chapter shall be disposed of,	27254
used, or sold pursuant to section 2981.12 of the Revised Code. If	27255
the property is to be sold under that section, the prosecutor	27256
shall cause notice of the proposed sale to be given in accordance	27257
with law.	27258

(B) If the contraband or instrumentality forfeited under this	27259
chapter is sold, any moneys acquired from a sale and any proceeds	27260
forfeited under this chapter shall be applied in the following	27261
order:	27262

(1) First, to pay costs incurred in the seizure, storage,	27263
maintenance, security, and sale of the property and in the	27264
forfeiture proceeding;	27265

(2) Second, in a criminal forfeiture case, to satisfy any	27266
restitution ordered to the victim of the offense or, in a civil	27267
forfeiture case, to satisfy any recovery ordered for the person	27268
harmed, unless paid from other assets;	27269

(3) Third, to pay the balance due on any security interest	27270
preserved under this chapter;	27271

(4) Fourth, apply the remaining amounts as follows:

27272

(a) If the forfeiture was ordered by a juvenile court, ten	27273
per cent to one or more certified alcohol and drug addiction	27274
treatment programs as provided in division (D) of section 2981.12	27275
of the Revised Code;	27276

(b) If the forfeiture was ordered in a juvenile court, ninety	27277
per cent, and if the forfeiture was ordered in a court other than	27278
a juvenile court, one hundred per cent to the law enforcement	27279
trust fund of the prosecutor and to the following fund supporting	27280
the law enforcement agency that substantially conducted the	27281
investigation: the law enforcement trust fund of the county	27282
sheriff, municipal corporation, township, or park district created	27283
under section 511.18 or 1545.01 of the Revised Code; the state	27284
highway patrol contraband, forfeiture, and other fund; the	27285
department of public safety investigative unit contraband,	27286
forfeiture, and other fund; the department of taxation enforcement	27287
fund; the board of pharmacy drug law enforcement fund created by	27288
division (B)(1) of section 4729.65 of the Revised Code; the	27289
medicaid fraud investigation and prosecution fund; or the	27290
treasurer of state for deposit into the peace officer training	27291
commission fund if any other state law enforcement agency	27292
substantially conducted the investigation. In the case of property	27293
forfeited for medicaid fraud, any remaining amount shall be used	27294
by the attorney general to investigate and prosecute medicaid	27295
fraud offenses.	27296

If the prosecutor declines to accept any of the remaining	27297
amounts, the amounts shall be applied to the fund of the agency	27298
that substantially conducted the investigation.	27299

(c) If more than one law enforcement agency is substantially	27300
involved in the seizure of property forfeited under this chapter,	27301
the court ordering the forfeiture shall equitably divide the	27302
amounts, after calculating any distribution to the law enforcement	27303
trust fund of the prosecutor pursuant to division (B)(4) of this	27304
section, among the entities that the court determines were	27305
substantially involved in the seizure.	27306

(C)(1) A law enforcement trust fund shall be established by	27307
the prosecutor of each county who intends to receive any remaining	27308
amounts pursuant to this section, by the sheriff of each county,	27309
by the legislative authority of each municipal corporation, by the	27310
board of township trustees of each township that has a township	27311
police department, township police district police force, or	27312
office of the constable, and by the board of park commissioners of	27313
each park district created pursuant to section 511.18 or 1545.01	27314
of the Revised Code that has a park district police force or law	27315
enforcement department, for the purposes of this section.	27316

There is hereby created in the state treasury the state	27317
highway patrol contraband, forfeiture, and other fund, the	27318
department of public safety investigative unit contraband,	27319
forfeiture, and other fund, the medicaid fraud investigation and	27320
prosecution fund, the department of taxation enforcement fund, and	27321
the peace officer training commission fund, for the purposes of	27322
this section.	27323

Amounts distributed to any municipal corporation, township,	27324
or park district law enforcement trust fund shall be allocated	27325
from the fund by the legislative authority only to the police	27326
department of the municipal corporation, by the board of township	27327
trustees only to the township police department, township police	27328
district police force, or office of the constable, and by the	27329
board of park commissioners only to the park district police force	27330
or law enforcement department.	27331

(2)(a) No amounts shall be allocated to a fund created under	27332
this section or used by an agency unless the agency has adopted a	27333
written internal control policy that addresses the use of moneys	27334
received from the appropriate fund. The appropriate fund shall be	27335
expended only in accordance with that policy and, subject to the	27336
requirements specified in this section, only for the following	27337
purposes:	27338

(i) To pay the costs of protracted or complex investigations	27339
or prosecutions;	27340

(ii) To provide reasonable technical training or expertise;

27341

(iii) To provide matching funds to obtain federal grants to	27342
aid law enforcement, in the support of DARE programs or other	27343
programs designed to educate adults or children with respect to	27344
the dangers associated with the use of drugs of abuse;	27345

(iv) To pay the costs of emergency action taken under section	27346
3745.13 of the Revised Code relative to the operation of an	27347
illegal methamphetamine laboratory if the forfeited property or	27348
money involved was that of a person responsible for the operation	27349
of the laboratory;	27350

(v) For other law enforcement purposes that the	27351
superintendent of the state highway patrol, department of public	27352
safety, prosecutor, county sheriff, legislative authority,	27353
department of taxation, board of township trustees, or board of	27354
park commissioners determines to be appropriate.	27355

(b) The board of pharmacy drug law enforcement fund shall be	27356
expended only in accordance with the written internal control	27357
policy so adopted by the board and only in accordance with section	27358
4729.65 of the Revised Code, except that it also may be expended	27359
to pay the costs of emergency action taken under section 3745.13	27360
of the Revised Code relative to the operation of an illegal	27361
methamphetamine laboratory if the forfeited property or money	27362
involved was that of a person responsible for the operation of the	27363
laboratory.	27364

(c) The state highway patrol contraband, forfeiture, and	27365
other fund, the department of public safety investigative unit	27366
contraband, forfeiture, and other fund, the department of taxation	27367
enforcement fund, the board of pharmacy drug law enforcement fund,	27368
and a law enforcement trust fund shall not be used to meet the	27369
operating costs of the state highway patrol, of the investigative	27370
unit of the department of public safety, of the state board of	27371
pharmacy, of any political subdivision, or of any office of a	27372
prosecutor or county sheriff that are unrelated to law	27373
enforcement.	27374

(d) Forfeited moneys that are paid into the state treasury to	27375
be deposited into the peace officer training commission fund shall	27376
be used by the commission only to pay the costs of peace officer	27377
training.	27378

(3) Any of the following offices or agencies that receive	27379
amounts under this section during any calendar year shall file a	27380
report with the specified entity, not later than the thirty-first	27381
day of January of the next calendar year, verifying that the	27382
moneys were expended only for the purposes authorized by this	27383
section or other relevant statute and specifying the amounts	27384
expended for each authorized purpose:	27385

(a) Any sheriff or prosecutor shall file the report with the	27386
county auditor.	27387

(b) Any municipal corporation police department shall file	27388
the report with the legislative authority of the municipal	27389
corporation.	27390

(c) Any township police department, township police district	27391
police force, or office of the constable shall file the report	27392
with the board of township trustees of the township.	27393

(d) Any park district police force or law enforcement	27394
department shall file the report with the board of park	27395
commissioners of the park district.	27396

(e) The superintendent of the state highway patrol and the	27397
tax commissioner shall file the report with the attorney general.	27398

(f) The executive director of the state board of pharmacy	27399
shall file the report with the attorney general, verifying that	27400
cash and forfeited proceeds paid into the board of pharmacy drug	27401
law enforcement fund were used only in accordance with section	27402
4729.65 of the Revised Code.	27403

(g) The peace officer training commission shall file a report	27404
with the attorney general, verifying that cash and forfeited	27405
proceeds paid into the peace officer training commission fund	27406
pursuant to this section during the prior calendar year were used	27407
by the commission during the prior calendar year only to pay the	27408
costs of peace officer training.	27409

(D) The written internal control policy of a county sheriff,	27410
prosecutor, municipal corporation police department, township	27411
police department, township police district police force, office	27412
of the constable, or park district police force or law enforcement	27413
department shall provide that at least ten per cent of the first	27414
one hundred thousand dollars of amounts deposited during each	27415
calendar year in the agency's law enforcement trust fund under	27416
this section, and at least twenty per cent of the amounts	27417
exceeding one hundred thousand dollars that are so deposited,	27418
shall be used in connection with community preventive education	27419
programs. The manner of use shall be determined by the sheriff,	27420
prosecutor, department, police force, or office of the constable	27421
after receiving and considering advice on appropriate community	27422
preventive education programs from the county's board of alcohol,	27423
drug addiction, and mental health services, from the county's	27424
alcohol and drug addiction services board, or through appropriate	27425
community dialogue.	27426

The financial records kept under the internal control policy	27427
shall specify the amount deposited during each calendar year in	27428
the portion of that amount that was used pursuant to this	27429
division, and the programs in connection with which the portion of	27430
that amount was so used.	27431

As used in this division, "community preventive education	27432
programs" include, but are not limited to, DARE programs and other	27433
programs designed to educate adults or children with respect to	27434
the dangers associated with using drugs of abuse.	27435

(E) Upon the sale, under this section or section 2981.12 of	27436
the Revised Code, of any property that is required by law to be	27437
titled or registered, the state shall issue an appropriate	27438
certificate of title or registration to the purchaser. If the	27439
state is vested with title and elects to retain property that is	27440
required to be titled or registered under law, the state shall	27441
issue an appropriate certificate of title or registration.	27442

(F) Any failure of a law enforcement officer or agency,	27443
prosecutor, court, or the attorney general to comply with this	27444
section in relation to any property seized does not affect the	27445
validity of the seizure and shall not be considered to be the	27446
basis for suppressing any evidence resulting from the seizure,	27447
provided the seizure itself was lawful.	27448

Sec. 3105.87. The court may order a public retirement	27449
program or the Ohio public employees deferred compensation program	27450
to provide information from a participant's personal history	27451
record necessary to determine the amounts described in division	27452
(D) of section 3105.82 of the Revised Code.	27453

Sec. 3119.01. (A) As used in the Revised Code, "child	27454
support enforcement agency" means a child support enforcement	27455
agency designated under former section 2301.35 of the Revised Code	27456
prior to October 1, 1997, or a private or government entity	27457
designated as a child support enforcement agency under section	27458
307.981 of the Revised Code.	27459

(B) As used in this chapter and Chapters 3121., 3123., and	27460
3125. of the Revised Code:	27461

(1) "Administrative child support order" means any order	27462
issued by a child support enforcement agency for the support of a	27463
child pursuant to section 3109.19 or 3111.81 of the Revised Code	27464
or former section 3111.211 of the Revised Code, section 3111.21 of	27465
the Revised Code as that section existed prior to January 1, 1998,	27466
or section 3111.20 or 3111.22 of the Revised Code as those	27467
sections existed prior to March 22, 2001.	27468

(2) "Child support order" means either a court child support	27469
order or an administrative child support order.	27470

(3) "Obligee" means the person who is entitled to receive the	27471
support payments under a support order.	27472

(4) "Obligor" means the person who is required to pay support	27473
under a support order.	27474

(5) "Support order" means either an administrative child	27475
support order or a court support order.	27476

27477

(1) "Combined gross income" means the combined gross income	27478
of both parents.	27479

(2) "Court child support order" means any order issued by a	27480
court for the support of a child pursuant to Chapter 3115. of the	27481
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	27482
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	27483
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	27484
Code, or division (B) of former section 3113.21 of the Revised	27485
Code.	27486

(3) "Court support order" means either a court child support	27487
order or an order for the support of a spouse or former spouse	27488
issued pursuant to Chapter 3115. of the Revised Code, section	27489
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	27490
of former section 3113.21 of the Revised Code.	27491

(4) "Extraordinary medical expenses" means any uninsured	27492
medical expenses incurred for a child during a calendar year that	27493
exceed one hundred dollars.	27494

(5) "Income" means either of the following:

27495

(a) For a parent who is employed to full capacity, the gross	27496
income of the parent;	27497

(b) For a parent who is unemployed or underemployed, the sum	27498
of the gross income of the parent and any potential income of the	27499
parent.	27500

(6) "Insurer" means any person authorized under Title XXXIX	27501
of the Revised Code to engage in the business of insurance in this	27502
state, any health insuring corporation, and any legal entity that	27503
is self-insured and provides benefits to its employees or members.	27504

(7) "Gross income" means, except as excluded in division	27505
(C)(7) of this section, the total of all earned and unearned	27506
income from all sources during a calendar year, whether or not the	27507
income is taxable, and includes income from salaries, wages,	27508
overtime pay, and bonuses to the extent described in division (D)	27509
of section 3119.05 of the Revised Code; commissions; royalties;	27510
tips; rents; dividends; severance pay; pensions; interest; trust	27511
income; annuities; social security benefits, including retirement,	27512
disability, and survivor benefits that are not means-tested;	27513
workers' compensation benefits; unemployment insurance benefits;	27514
disability insurance benefits; benefits that are not means-tested	27515
and that are received by and in the possession of the veteran who	27516
is the beneficiary for any service-connected disability under a	27517
program or law administered by the United States department of	27518
veterans' affairs or veterans' administration; spousal support	27519
actually received; and all other sources of income. "Gross income"	27520
includes income of members of any branch of the United States	27521
armed services or national guard, including, amounts representing	27522
base pay, basic allowance for quarters, basic allowance for	27523
subsistence, supplemental subsistence allowance, cost of living	27524
adjustment, specialty pay, variable housing allowance, and pay for	27525
training or other types of required drills; self-generated income;	27526
and potential cash flow from any source.	27527

"Gross income" does not include any of the following:

27528

(a) Benefits received from means-tested government	27529
administered programs, including Ohio works first; prevention,	27530
retention, and contingency; means-tested veterans' benefits;	27531
supplemental security income; ~~food stamps~~supplemental nutrition	27532
assistance program; disability financial assistance; or other	27533
assistance for which eligibility is determined on the basis of	27534
income or assets;	27535

(b) Benefits for any service-connected disability under a	27536
program or law administered by the United States department of	27537
veterans' affairs or veterans' administration that are not	27538
means-tested, that have not been distributed to the veteran who is	27539
the beneficiary of the benefits, and that are in the possession of	27540
the United States department of veterans' affairs or veterans'	27541
administration;	27542

(c) Child support received for children who were not born or	27543
adopted during the marriage at issue;	27544

(d) Amounts paid for mandatory deductions from wages such as	27545
union dues but not taxes, social security, or retirement in lieu	27546
of social security;	27547

(e) Nonrecurring or unsustainable income or cash flow items;

27548

(f) Adoption assistance and foster care maintenance payments	27549
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	27550
501, 42 U.S.C.A. 670 (1980), as amended.	27551

(8) "Nonrecurring or unsustainable income or cash flow item"	27552
means an income or cash flow item the parent receives in any year	27553
or for any number of years not to exceed three years that the	27554
parent does not expect to continue to receive on a regular basis.	27555
"Nonrecurring or unsustainable income or cash flow item" does not	27556
include a lottery prize award that is not paid in a lump sum or	27557
any other item of income or cash flow that the parent receives or	27558
expects to receive for each year for a period of more than three	27559
years or that the parent receives and invests or otherwise uses to	27560
produce income or cash flow for a period of more than three years.	27561

(9)(a) "Ordinary and necessary expenses incurred in	27562
generating gross receipts" means actual cash items expended by the	27563
parent or the parent's business and includes depreciation expenses	27564
of business equipment as shown on the books of a business entity.	27565

(b) Except as specifically included in "ordinary and	27566
necessary expenses incurred in generating gross receipts" by	27567
division (C)(9)(a) of this section, "ordinary and necessary	27568
expenses incurred in generating gross receipts" does not include	27569
depreciation expenses and other noncash items that are allowed as	27570
deductions on any federal tax return of the parent or the parent's	27571
business.	27572

(10) "Personal earnings" means compensation paid or payable	27573
for personal services, however denominated, and includes wages,	27574
salary, commissions, bonuses, draws against commissions, profit	27575
sharing, vacation pay, or any other compensation.	27576

(11) "Potential income" means both of the following for a	27577
parent who the court pursuant to a court support order, or a child	27578
support enforcement agency pursuant to an administrative child	27579
support order, determines is voluntarily unemployed or voluntarily	27580
underemployed:	27581

(a) Imputed income that the court or agency determines the	27582
parent would have earned if fully employed as determined from the	27583
following criteria:	27584

(i) The parent's prior employment experience;

27585

(ii) The parent's education;

27586

(iii) The parent's physical and mental disabilities, if any;

27587

(iv) The availability of employment in the geographic area in	27588
which the parent resides;	27589

(v) The prevailing wage and salary levels in the geographic	27590
area in which the parent resides;	27591

(vi) The parent's special skills and training;

27592

(vii) Whether there is evidence that the parent has the	27593
ability to earn the imputed income;	27594

(viii) The age and special needs of the child for whom child	27595
support is being calculated under this section;	27596

(ix) The parent's increased earning capacity because of	27597
experience;	27598

(x) Any other relevant factor.

27599

(b) Imputed income from any nonincome-producing assets of a	27600
parent, as determined from the local passbook savings rate or	27601
another appropriate rate as determined by the court or agency, not	27602
to exceed the rate of interest specified in division (A) of	27603
section 1343.03 of the Revised Code, if the income is significant.	27604

(12) "Schedule" means the basic child support schedule set	27605
forth in section 3119.021 of the Revised Code.	27606

(13) "Self-generated income" means gross receipts received by	27607
a parent from self-employment, proprietorship of a business, joint	27608
ownership of a partnership or closely held corporation, and rents	27609
minus ordinary and necessary expenses incurred by the parent in	27610
generating the gross receipts. "Self-generated income" includes	27611
expense reimbursements or in-kind payments received by a parent	27612
from self-employment, the operation of a business, or rents,	27613
including company cars, free housing, reimbursed meals, and other	27614
benefits, if the reimbursements are significant and reduce	27615
personal living expenses.	27616

(14) "Split parental rights and responsibilities" means a	27617
situation in which there is more than one child who is the subject	27618
of an allocation of parental rights and responsibilities and each	27619
parent is the residential parent and legal custodian of at least	27620
one of those children.	27621

(15) "Worksheet" means the applicable worksheet that is used	27622
to calculate a parent's child support obligation as set forth in	27623
sections 3119.022 and 3119.023 of the Revised Code.	27624

Sec. 3119.371. (A) As used in this section:

27625

(1) "Health insurance provider" means:

27626

(a) A person authorized to engage in the business of sickness	27627
and accident insurance under Title XXXIX of the Revised Code;	27628

(b) A person or government entity providing coverage for	27629
medical services or items to individuals on a self-insurance	27630
basis;	27631

(c) A health insuring corporation as defined in section	27632
1751.01 of the Revised Code;	27633

(d) A group health plan as defined in 29 U.S.C. 1167;

27634

(e) Any organization, business, or association described in	27635
42 U.S.C. 1396a(a)(25); or	27636

(f) A managed care organization.

27637

(2) "Information" means all of the following:

27638

(a) An individual's name, address, date of birth, and social	27639
security number;	27640

(b) The group or plan number or other identifier assigned by	27641
a health insurance provider to a policy held by an individual or a	27642
plan in which the individual participates and the nature of the	27643
coverage; and	27644

(c) Any other data specified by the director of job and	27645
family services in rules adopted under section 3119.51 of the	27646
Revised Code.	27647

(B) Upon request of the office of child support in the	27648
department of job and family services and for the purpose of	27649
establishing and enforcing orders to provide health insurance	27650
coverage, a health insurance provider shall provide the	27651
information described in division (A)(2) of this section to the	27652
office of child support.	27653

Sec. 3121.037. (A) A withholding notice sent under section	27654
3121.03 of the Revised Code shall contain all of the following:	27655

(1) Notice of the amount to be withheld from the obligor's	27656
income and a statement that, notwithstanding that amount, the	27657
payor may not withhold an amount for support and other purposes,	27658
including the fee described in division (A)~~(11)~~(12) of this	27659
section, that exceeds the maximum amounts permitted under section	27660
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b);	27661

(2) A statement that the payor is required to send the amount	27662
withheld to the office of child support immediately, but not later	27663
than seven business days, after the obligor is paid and is	27664
required to report to the agency the date the amount was withheld;	27665

(3) A statement that the withholding shall be submitted to	27666
the state via electronic means if the employer employs more than	27667
fifty employees;	27668

(4) A statement that the withholding is binding on the payor	27669
until further notice from the court or agency;	27670

~~(4)~~(5) A statement that if the payor is an employer, the	27671
payor is subject to a fine to be determined under the law of this	27672
state for discharging the obligor from employment, refusing to	27673
employ the obligor, or taking any disciplinary action against the	27674
obligor because of the withholding requirement;	27675

~~(5)~~(6) A statement that, if the payor fails to withhold in	27676
accordance with the notice, the payor is liable for the	27677
accumulated amount the payor should have withheld from the	27678
obligor's income;	27679

~~(6)~~(7) A statement that, except for deductions from lump sum	27680
payments made in accordance with section 3121.0311 of the Revised	27681
Code, the withholding in accordance with the notice has priority	27682
over any other legal process under the law of this state against	27683
the same income;	27684

~~(7)~~(8) The date on which the notice was mailed and a	27685
statement that the payor is required to implement the withholding	27686
no later than fourteen business days following the date the notice	27687
was mailed or, if the payor is an employer, no later than the	27688
first pay period that occurs after fourteen business days	27689
following the date the notice was mailed, and is required to	27690
continue the withholding at the intervals specified in the notice.	27691

~~(8)~~(9) A requirement that the payor do the following:

27692

(a) Promptly notify the child support enforcement agency	27693
administering the support order, in writing, within ten business	27694
days after the date of any situation that occurs in which the	27695
payor ceases to pay income to the obligor in an amount sufficient	27696
to comply with the order, including termination of employment,	27697
layoff of the obligor from employment, any leave of absence of the	27698
obligor from employment without pay, termination of workers'	27699
compensation benefits, or termination of any pension, annuity,	27700
allowance, or retirement benefit;	27701

(b) Provide the agency with the obligor's last known address	27702
and, with respect to a court support order and if known, notify	27703
the agency of any new employer or income source and the name,	27704
address, and telephone number of the new employer or income	27705
source.	27706

~~(9)~~(10) A requirement that, if the payor is an employer, the	27707
payor do both of the following:	27708

(a) Identify in the notice given under division (A)~~(8)~~(9) of	27709
this section any types of benefits other than personal earnings	27710
the obligor is receiving or is eligible to receive as a benefit of	27711
employment or as a result of the obligor's termination of	27712
employment, including, but not limited to, unemployment	27713
compensation, workers' compensation benefits, severance pay, sick	27714
leave, lump sum payments of retirement benefits or contributions,	27715
and bonuses or profit-sharing payments or distributions, and the	27716
amount of the benefits;	27717

(b) Include in the notice the obligor's last known address	27718
and telephone number, date of birth, social security number, and	27719
case number and, if known, the name and business address of any	27720
new employer of the obligor.	27721

~~(10)~~(11) Subject to section 3121.0311 of the Revised Code, a	27722
requirement that, no later than the earlier of forty-five days	27723
before a lump sum payment is to be made or, if the obligor's right	27724
to the lump sum payment is determined less than forty-five days	27725
before it is to be made, the date on which that determination is	27726
made, the payor notify the child support enforcement agency	27727
administering the support order of any lump sum payment of any	27728
kind of one hundred fifty dollars or more that is to be paid to	27729
the obligor, hold each lump sum payment of one hundred fifty	27730
dollars or more for thirty days after the date on which it would	27731
otherwise be paid to the obligor and, on order of the court or	27732
agency that issued the support order, pay all or a specified	27733
amount of the lump sum payment to the office of child support;	27734

~~(11)~~(12) A statement that, in addition to the amount withheld	27735
for support, the payor may withhold a fee from the obligor's	27736
income as a charge for its services in complying with the notice	27737
and a specification of the amount that may be withheld.	27738

(B) A deduction notice sent under section 3121.03 of the	27739
Revised Code shall contain all of the following:	27740

(1) Notice of the amount to be deducted from the obligor's	27741
account;	27742

(2) A statement that the financial institution is required to	27743
send the amount deducted to the office of child support	27744
immediately, but not later than seven business days, after the	27745
date the last deduction was made and to report to the child	27746
support enforcement agency the date on which the amount was	27747
deducted;	27748

(3) A statement that the deduction is binding on the	27749
financial institution until further notice from the court or	27750
agency;	27751

(4) A statement that the deduction in accordance with the	27752
notice has priority over any other legal process under the law of	27753
this state against the same account;	27754

(5) The date on which the notice was mailed and a statement	27755
that the financial institution is required to implement the	27756
deduction no later than fourteen business days following that date	27757
and to continue the deduction at the intervals specified in the	27758
notice;	27759

(6) A requirement that the financial institution promptly	27760
notify the child support enforcement agency administering the	27761
support order, in writing, within ten days after the date of any	27762
termination of the account from which the deduction is being made	27763
and notify the agency, in writing, of the opening of a new account	27764
at that financial institution, the account number of the new	27765
account, the name of any other known financial institutions in	27766
which the obligor has any accounts, and the numbers of those	27767
accounts;	27768

(7) A requirement that the financial institution include in	27769
all notices the obligor's last known mailing address, last known	27770
residence address, and social security number;	27771

(8) A statement that, in addition to the amount deducted for	27772
support, the financial institution may deduct a fee from the	27773
obligor's account as a charge for its services in complying with	27774
the notice and a specification of the amount that may be deducted.	27775

Sec. 3121.0311. (A) If a lump sum payment referred to in	27776
division (A)~~(10)~~(11) of section 3121.037 of the Revised Code	27777
consists of workers' compensation benefits and the obligor is	27778
represented by an attorney with respect to the obligor's workers'	27779
compensation claim, prior to issuing the notice to the child	27780
support enforcement agency required by that division, the	27781
administrator of workers' compensation, for claims involving state	27782
fund employers, or a self-insuring employer, for that employer's	27783
claims, shall notify the obligor and the obligor's attorney in	27784
writing that the obligor is subject to a support order and that	27785
the administrator or self-insuring employer, as appropriate, shall	27786
hold the lump sum payment for a period of thirty days after the	27787
administrator or self-insuring employer sends this written notice,	27788
pending receipt of the information referred to in division (B) of	27789
this section.	27790

(B) The administrator or self-insuring employer, as	27791
appropriate, shall instruct the obligor's attorney in writing to	27792
file a copy of the fee agreement signed by the obligor, along with	27793
an affidavit signed by the attorney setting forth the amount of	27794
the attorney's fee with respect to the lump sum payment award to	27795
the obligor and the amount of all necessary expenses, along with	27796
documentation of those expenses, incurred by the attorney with	27797
respect to obtaining the lump sum award. The obligor's attorney	27798
shall file the fee agreement and attorney affidavit with the	27799
administrator or self-insuring employer, as appropriate, within	27800
thirty days after the date the administrator or self-insuring	27801
employer sends the notice required by division (A) of this	27802
section.	27803

(C) Upon receipt of the fee agreement and attorney affidavit,	27804
the administrator or self-insuring employer, as appropriate, shall	27805
deduct from the lump sum payment the amount of the attorney's fee	27806
and necessary expenses and pay that amount directly to and solely	27807
in the name of the attorney within fourteen days after the fee	27808
agreement and attorney affidavit have been filed with the	27809
administrator or self-insuring employer.	27810

(D) After deducting any attorney's fee and necessary	27811
expenses, if the lump sum payment is one hundred fifty dollars or	27812
more, the administrator or self-insuring employer, as appropriate,	27813
shall hold the balance of the lump sum award in accordance with	27814
division (A)~~(10)~~(11) of section 3121.037 of the Revised Code.	27815

Sec. 3121.19. (A) The entire amount withheld or deducted	27816
pursuant to a withholding or deduction notice described in section	27817
3121.03 of the Revised Code shall be forwarded to the office of	27818
child support in the department of job and family services	27819
immediately, but not later than seven business days, after the	27820
withholding or deduction, as directed in the withholding or	27821
deduction notice.	27822

(B) An employer who employs more than fifty employees shall	27823
submit the entire amount withheld pursuant to a withholding notice	27824
described in section 3121.03 of the Revised Code by electronic	27825
transfer to the office of child support in the department of job	27826
and family services immediately, but not later than seven business	27827
days, after the withholding, as directed in the withholding	27828
notice.	27829

Sec. 3121.20. (A) A payor or financial institution required	27830
to withhold or deduct a specified amount from the income or	27831
savings of more than one obligor under a withholding or deduction	27832
notice described in section 3121.03 of the Revised Code and to	27833
forward the amounts withheld or deducted to the office of child	27834
support may combine all of the amounts to be forwarded in one	27835
payment if the payment is accompanied by a list that clearly	27836
identifies ~~each~~all of the following:	27837

(1) Each obligor covered by the payment ~~and the~~;

27838

(2) Each child support case, numbered as provided on the	27839
withholding or deduction notice, that is covered by the payment;	27840

(3) The portion of the payment attributable to each obligor	27841
and each case number.	27842

(B) A payor who employs more than fifty employees and who is	27843
required to submit the withholding by electronic transfer pursuant	27844
to sections 3121.037 and 3121.19 of the Revised Code shall combine	27845
all of the amounts to be forwarded in one payment. The payment	27846
shall be accompanied by information that clearly identifies all of	27847
the following:	27848

(1) Each obligor that is covered by the payment;

27849

(2) Each child support case, numbered as provided on the	27850
withholding notice issued pursuant to section 3121.03 of the	27851
Revised Code, that is covered by the payment;	27852

(3) The portion of the payment attributable to each obligor	27853
and each case number.	27854

Sec. 3121.898. The department of job and family services	27855
shall use the new hire reports it receives for any of the	27856
following purposes set forth in 42 U.S.C. 653a, as amended,	27857
including:	27858

(A) To locate individuals for the purposes of establishing	27859
paternity and for establishing, modifying, and enforcing child	27860
support orders.	27861

(B) As used in this division, "state agency" means every	27862
department, bureau, board, commission, office, or other organized	27863
body established by the constitution or laws of this state for the	27864
exercise of state government; every entity of county government	27865
that is subject to the rules of a state agency; and every	27866
contractual agent of a state agency.	27867

To make available to any state agency responsible for	27868
administering any of the following programs for purposes of	27869
verifying program eligibility:	27870

(1) Any Title IV-A program as defined in section 5101.80 of	27871
the Revised Code;	27872

(2) The medicaid program authorized by Chapter 5111. of the	27873
Revised Code;	27874

(3) The unemployment compensation program authorized by	27875
Chapter 4141. of the Revised Code;	27876

(4) The ~~food stamp~~supplemental nutrition assistance program	27877
authorized by section 5101.54 of the Revised Code;	27878

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	27879
amended.	27880

(C) The administration of the employment security program	27881
under the director of job and family services.	27882

Sec. 3123.952. A child support enforcement agency may submit	27883
the name of a delinquent obligor to the office of child support	27884
for inclusion on a poster only if all of the following apply:	27885

(A) The obligor is subject to a support order and there has	27886
been an attempt to enforce the order through a public notice, a	27887
wage withholding order, a lien on property, a financial	27888
institution deduction order, or other court-ordered procedures.	27889

(B) The department of job and family services reviewed the	27890
obligor's records and confirms the child support enforcement	27891
agency's finding that the obligor's name and photograph may be	27892
submitted to be displayed on a poster.	27893

(C) The agency does not know or is unable to verify the	27894
obligor's whereabouts.	27895

(D) The obligor is not a participant in Ohio works first or	27896
the prevention, retention, and contingency program or a recipient	27897
of disability financial assistance, supplemental security income,	27898
or ~~food stamps~~supplemental nutrition assistance program benefits.	27899

(E) The child support enforcement agency does not have	27900
evidence that the obligor has filed for protection under the	27901
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	27902

(F) The obligee gave written authorization to the agency to	27903
display the obligor on a poster.	27904

(G) A legal representative of the agency and a child support	27905
enforcement administrator reviewed the case.	27906

(H) The agency is able to submit to the department a	27907
description and photograph of the obligor, a statement of the	27908
possible locations of the obligor, and any other information	27909
required by the department.	27910

Sec. 3125.25. The director of job and family services shall	27911
adopt rules under Chapter 119. of the Revised Code governing the	27912
operation of support enforcement by child support enforcement	27913
agencies. The rules shall include, but shall not be limited to,	27914
~~provisions~~the following:	27915

(A) Provisions relating to plans of cooperation between the	27916
agencies and boards of county commissioners entered into under	27917
section 3125.12 of the Revised Code~~, requirements~~;	27918

(B) Provisions for the compromise and waiver of child support	27919
arrearages owed to the state and federal government, consistent	27920
with Title IV-D of the "Social Security Act," 88 Stat. 2351	27921
(1975), 42 U.S.C. 651 et seq., as amended;	27922

(C) Requirements for public hearings by the agencies~~, and~~	27923
~~provisions~~;	27924

(D) Provisions for appeals of agency decisions under	27925
procedures established by the director.	27926

Sec. 3301.07. The state board of education shall exercise	27927
under the acts of the general assembly general supervision of the	27928
system of public education in the state. In addition to the powers	27929
otherwise imposed on the state board under the provisions of law,	27930
the board shall have the ~~following~~ powers:described in this	27931
section.	27932

(A) ~~Exercise~~The state board shall exercise policy forming,	27933
planning, and evaluative functions for the public schools of the	27934
state~~, and for adult education,~~ except as otherwise provided by	27935
law;.	27936

(B) ~~Exercise~~(1) The state board shall exercise leadership in	27937
the improvement of public education in this state, and administer	27938
the educational policies of this state relating to public schools,	27939
and relating to instruction and instructional material, building	27940
and equipment, transportation of pupils, administrative	27941
responsibilities of school officials and personnel, and finance	27942
and organization of school districts, educational service centers,	27943
and territory. Consultative and advisory services in such matters	27944
shall be provided by the board to school districts and educational	27945
service centers of this state. ~~The~~	27946

(2) The state board also shall develop a standard of	27947
financial reporting which shall be used by ~~all~~each school	27948
~~districts and~~district board of education, educational service	27949
~~centers~~center governing board, community school governing	27950
authority, and STEM school governing body to make ~~their~~its	27951
financial information and annual budgets for each school building	27952
under its control available to the public in a format	27953
understandable by the average citizen ~~and provide year-to-year~~	27954
~~comparisons for at least five years~~. The format shall show, among	27955
other things, at the district and educational service center level	27956
or at the school building level, as determined appropriate by the	27957
department of education, revenue by source; expenditures for	27958
salaries, wages, and benefits of employees, showing such amounts	27959
separately for classroom teachers, other employees required to	27960
hold licenses issued pursuant to sections 3319.22 to 3319.31 of	27961
the Revised Code, and all other employees; expenditures other	27962
than for personnel, by category, including utilities, textbooks	27963
and other educational materials, equipment, permanent	27964
improvements, pupil transportation, extracurricular athletics,	27965
and other extracurricular activities; and per pupil expenditures.	27966

(C) ~~Administer~~The state board shall administer and supervise	27967
the allocation and distribution of all state and federal funds for	27968
public school education under the provisions of law, and may	27969
prescribe such systems of accounting as are necessary and proper	27970
to this function. It may require county auditors and treasurers,	27971
boards of education, educational service center governing boards,	27972
treasurers of such boards, teachers, and other school officers and	27973
employees, or other public officers or employees, to file with it	27974
such reports as it may prescribe relating to such funds, or to the	27975
management and condition of such funds.	27976

(D) ~~Formulate~~(1) Wherever in Titles IX, XXIII, XXIX, XXXIII,	27977
XXXVII, XLVII, and LI of the Revised Code a reference is made to	27978
standards prescribed under this section or division (D) of this	27979
section, that reference shall be construed to refer to the	27980
standards prescribed under division (D)(2) of this section, unless	27981
the context specifically indicates a different meaning or intent.	27982

(2) The state board shall formulate and prescribe minimum	27983
standards to be applied to all elementary and secondary schools in	27984
this state for the purpose of requiring a general education of	27985
high quality. Such standards shall provide adequately for: the	27986
licensing of teachers, administrators, and other professional	27987
personnel and their assignment according to training and	27988
qualifications; efficient and effective instructional materials	27989
and equipment, including library facilities; the proper	27990
organization, administration, and supervision of each school,	27991
including regulations for preparing all necessary records and	27992
reports and the preparation of a statement of policies and	27993
objectives for each school; buildings, grounds, health and	27994
sanitary facilities and services; admission of pupils, and such	27995
requirements for their promotion from grade to grade as will	27996
assure that they are capable and prepared for the level of study	27997
to which they are certified; requirements for graduation; and such	27998
other factors as the board finds necessary.	27999

In the formulation and administration of such standards for	28000
nonpublic schools the board shall also consider the particular	28001
needs, methods and objectives of those schools, provided they do	28002
not conflict with the provision of a general education of a high	28003
quality and provided that regular procedures shall be followed for	28004
promotion from grade to grade of pupils who have met the	28005
educational requirements prescribed.	28006

~~(E) May~~In the formulation and administration of such	28007
standards as they relate to instructional materials and equipment	28008
in public schools, including library materials, the board shall	28009
require that the material and equipment be aligned with and	28010
promote skills expected under the statewide academic standards	28011
adopted under section 3301.079 of the Revised Code.	28012

(3) In addition to the minimum standards required by	28013
division (D)(2) of this section, the state board shall formulate	28014
and prescribe the following additional minimum operating	28015
standards for school districts:	28016

(a) Standards for the effective and efficient organization,	28017
administration, and supervision of each school district so that it	28018
becomes a thinking and learning organization according to	28019
principles of systems design and collaborative professional	28020
learning communities research as defined by the superintendent of	28021
public instruction, including a focus on the personalized and	28022
individualized needs of each student; a shared responsibility	28023
among school boards, administrators, faculty, and staff to develop	28024
a common vision, mission, and set of guiding principles; a shared	28025
responsibility among school boards, administrators, faculty, and	28026
staff to engage in a process of collective inquiry, action	28027
orientation, and experimentation to ensure the academic success of	28028
all students; commitment to teaching and learning strategies that	28029
utilize technological tools and emphasize inter-disciplinary,	28030
real world, project-based, technology-oriented, and service	28031
learning experiences to meet the individual needs of every	28032
student; commitment to high expectations for every student and	28033
commitment to closing the achievement gap so that all students	28034
achieve core knowledge and twenty-first century skills in	28035
accordance with the statewide academic standards adopted under	28036
section 3301.079 of the Revised Code; commitment to the use of	28037
assessments to diagnose the needs of each student; effective	28038
connections and relationships with families and community	28039
organizations that support student success; and commitment to the	28040
use of positive behavior intervention supports throughout a	28041
district to ensure a safe and secure learning environment for all	28042
students.	28043

(b) Standards for the establishment of a business advisory	28044
committee and a family and community engagement team in each	28045
school district, under sections 3313.82 and 3313.821 of the	28046
Revised Code, respectively.	28047

(c) Standards incorporating the classifications for the	28048
components of the adequacy amount under Chapter 3306. of the	28049
Revised Code into core academic strategy components and academic	28050
improvement components, as specified in rules adopted under	28051
section 3306.25 of the Revised Code;	28052

(d) Standards for school district organizational units, as	28053
defined in sections 3306.02 and 3306.04 of the Revised Code, that	28054
require:	28055

(i) The effective and efficient organization, administration,	28056
and supervision of each school district organizational unit so	28057
that it becomes a thinking and learning organization according to	28058
principles of systems design and collaborative professional	28059
learning communities research as defined by the state	28060
superintendent, including a focus on the personalized and	28061
individualized needs of each student; a shared responsibility	28062
among organizational unit administrators, faculty, and staff to	28063
develop a common vision, mission, and set of guiding principles; a	28064
shared responsibility among organizational unit administrators,	28065
faculty, and staff to engage in a process of collective inquiry,	28066
action orientation, and experimentation to ensure the academic	28067
success of all students; commitment to job embedded professional	28068
development and professional mentoring and coaching; established	28069
periods of time for teachers to pursue joint planning time for the	28070
development of lesson plans, professional development, and shared	28071
learning; commitment to effective management strategies that	28072
allow administrators unfettered access to classrooms for	28073
observation and professional development experiences; commitment	28074
to teaching and learning strategies that utilize technological	28075
tools and emphasize inter-disciplinary, real world,	28076
project-based, technology-oriented, and service learning	28077
experiences to meet the individual needs of every student;	28078
commitment to high expectations for every student and commitment	28079
to closing the achievement gap so that all students achieve core	28080
knowledge and twenty-first century skills in accordance with the	28081
statewide academic standards adopted under section 3301.079 of the	28082
Revised Code; commitment to the use of assessments to diagnose the	28083
needs of each student; effective connections and relationships	28084
with families and community organizations that support student	28085
success; commitment to the use of positive behavior intervention	28086
supports throughout the organizational unit to ensure a safe and	28087
secure learning environment for all students;	28088

(ii) A school organizational unit leadership team to	28089
coordinate positive behavior intervention supports, family and	28090
community engagement services, learning environments, thinking and	28091
learning systems, collaborative planning, planning time, student	28092
academic interventions, student extended learning opportunities,	28093
and other activities identified by the team and approved by the	28094
district board of education. The team shall include the building	28095
principal, representatives from each collective bargaining unit,	28096
the building lead teacher, parents, business representatives, and	28097
community representatives.	28098

(E) The state board may require as part of the health	28099
curriculum information developed under section 2108.34 of the	28100
Revised Code promoting the donation of anatomical gifts pursuant	28101
to Chapter 2108. of the Revised Code and may provide the	28102
information to high schools, educational service centers, and	28103
joint vocational school district boards of education;	28104

(F) ~~Prepare~~The state board shall prepare and submit annually	28105
to the governor and the general assembly a report on the status,	28106
needs, and major problems of the public schools of the state, with	28107
recommendations for necessary legislative action and a ten-year	28108
projection of the state's public and nonpublic school enrollment,	28109
by year and by grade level;.	28110

(G) ~~Prepare~~The state board shall prepare and submit to the	28111
director of budget and management the biennial budgetary requests	28112
of the state board of education, for its agencies and for the	28113
public schools of the state;.	28114

(H) ~~Cooperate~~The state board shall cooperate with federal,	28115
state, and local agencies concerned with the health and welfare of	28116
children and youth of the state;.	28117

(I) ~~Require~~The state board shall require such reports from	28118
school districts and educational service centers, school officers,	28119
and employees as are necessary and desirable. The superintendents	28120
and treasurers of school districts and educational service centers	28121
shall certify as to the accuracy of all reports required by law or	28122
state board or state department of education rules to be submitted	28123
by the district or educational service center and which contain	28124
information necessary for calculation of state funding. Any	28125
superintendent who knowingly falsifies such report shall be	28126
subject to license revocation pursuant to section 3319.31 of the	28127
Revised Code.	28128

(J) In accordance with Chapter 119. of the Revised Code, the	28129
state board shall adopt procedures, standards, and guidelines for	28130
the education of children with disabilities pursuant to Chapter	28131
3323. of the Revised Code, including procedures, standards, and	28132
guidelines governing programs and services operated by county	28133
boards of mental retardation and developmental disabilities	28134
pursuant to section 3323.09 of the Revised Code;.	28135

(K) For the purpose of encouraging the development of special	28136
programs of education for academically gifted children, the state	28137
board shall employ competent persons to analyze and publish data,	28138
promote research, advise and counsel with boards of education,	28139
and encourage the training of teachers in the special instruction	28140
of gifted children. The board may provide financial assistance	28141
out of any funds appropriated for this purpose to boards of	28142
education and educational service center governing boards for	28143
developing and conducting programs of education for academically	28144
gifted children.	28145

(L) ~~Require~~The state board shall require that all public	28146
schools emphasize and encourage, within existing units of study,	28147
the teaching of energy and resource conservation as recommended	28148
to each district board of education by leading business persons	28149
involved in energy production and conservation, beginning in the	28150
primary grades;.	28151

(M) ~~Formulate~~The state board shall formulate and prescribe	28152
minimum standards requiring the use of phonics as a technique in	28153
the teaching of reading in grades kindergarten through three. In	28154
addition, the state board shall provide in-service training	28155
programs for teachers on the use of phonics as a technique in the	28156
teaching of reading in grades kindergarten through three.	28157

~~(N) Develop and modify as necessary a state plan for~~	28158
~~technology to encourage and promote the use of technological~~	28159
~~advancements in educational settings.~~	28160

The board may adopt rules necessary for carrying out any	28161
function imposed on it by law, and may provide rules as are	28162
necessary for its government and the government of its employees,	28163
and may delegate to the superintendent of public instruction the	28164
management and administration of any function imposed on it by	28165
law. It may provide for the appointment of board members to serve	28166
on temporary committees established by the board for such purposes	28167
as are necessary. Permanent or standing committees shall not be	28168
created.	28169

Compliance with the standards adopted under divisions (B)(2)	28170
and (D) of this section, as they relate to the operation of a	28171
school operated by a school district, may be waived by the state	28172
superintendent pursuant to section 3306.40 of the Revised Code.	28173

As used in this section, "community school" means a community	28174
school established under Chapter 3314. of the Revised Code, and	28175
"STEM school" means a STEM school established under Chapter 3326.	28176
of the Revised Code.	28177

Sec. 3301.073. ~~Upon~~As required by section 3306.33 of the	28178
Revised Code, and otherwise upon the request of the board of	28179
education of any school district, the state board of education	28180
shall furnish technical assistance to the school district in the	28181
preparation of budgets, development of fiscal controls,	28182
preparation of financial statements and reports, revenue	28183
estimating, or in assisting the district in complying with any	28184
certification requirements relating to the district's revenue or	28185
expenditures. The assistance may be in the form of grants,	28186
consultants, or the temporary assignment of employees after	28187
determining in consultation with the district, its needs and the	28188
nature of assistance needed and what assistance the state board of	28189
education can provide within the amounts appropriated for this	28190
purpose. The state board may enter into contracts with the	28191
department of taxation ~~and~~, the auditor of state, and any other	28192
governmental or private entity to perform its duties under this	28193
section.	28194

Sec. 3301.079. (A)(1) Not later than ~~December 31, 2001~~June	28195
30, 2010, and at least once every five years thereafter, the state	28196
board of education shall adopt statewide academic standards with	28197
emphasis on coherence, focus, and rigor for each of grades	28198
kindergarten through twelve in ~~reading, writing, and mathematics.~~	28199
~~Not later than December 31, 2002, the state board shall adopt~~	28200
~~statewide academic standards for each of grades kindergarten~~	28201
~~through twelve in science and social studies. The~~English language	28202
arts, mathematics, science, and social studies.	28203

The standards shall specify the following:

28204

(a) The core academic content and skills that students are	28205
expected to know and be able to do at each grade level.	28206

~~(2)~~that will allow each student to be prepared for	28207
postsecondary instruction and the workplace for success in the	28208
twenty-first century;	28209

(b) The development of skill sets as they relate to	28210
creativity and innovation, critical thinking and problem solving,	28211
and communication and collaboration;	28212

(c) The development of skill sets that promote information,	28213
media, and technological literacy;	28214

(d) The development of skill sets that promote flexibility	28215
and adaptability, initiative and self-direction, social and	28216
cross-cultural skills, productivity and accountability, and	28217
leadership and responsibility;	28218

(e) Interdisciplinary, project-based real world learning	28219
opportunities;	28220

(f) Opportunities for the inclusion of community service	28221
learning.	28222

(2) After completing the standards required by division	28223
(A)(1) of this section, the state board shall adopt standards and	28224
model curricula for instruction in computer literacy, wellness	28225
literacy, financial literacy and entrepreneurship, fine arts, and	28226
foreign language for grades kindergarten through twelve. The	28227
standards shall meet the same requirements prescribed in divisions	28228
(A)(1)(a) to (f) of this section.	28229

(3) The state board shall adopt the most recent standards	28230
developed by the national association for sport and physical	28231
education for physical education in grades kindergarten through	28232
twelve or shall adopt its own standards for physical education in	28233
those grades and revise and update them periodically.	28234

The department shall employ a full-time physical education	28235
coordinator to provide guidance and technical assistance to	28236
districts, community schools, and STEM schools in implementing the	28237
physical education standards adopted under this division. The	28238
superintendent of public instruction shall determine that the	28239
person employed as coordinator is qualified for the position, as	28240
demonstrated by possessing an adequate combination of education,	28241
license, and experience.	28242

(4) When academic standards have been completed for any	28243
subject area required by this ~~division~~section, the state board	28244
shall inform all school districts, all community schools	28245
established under Chapter 3314. of the Revised Code, all STEM	28246
schools established under Chapter 3326. of the Revised Code, and	28247
all nonpublic schools required to administer the assessments	28248
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	28249
of the content of those standards.	28250

(B) Not later than ~~eighteen months after the completion of~~	28251
~~academic standards for any subject area required by division (A)~~	28252
~~of this section~~March 31, 2011, the state board shall adopt a	28253
model curriculum for instruction in ~~that~~each subject area for	28254
which updated academic standards are required by division (A)(1)	28255
of this section and for each of grades kindergarten through twelve	28256
that is sufficient to meet the needs of students in every	28257
community. The model curriculum shall be aligned with the	28258
standards, to ensure that the academic content and skills	28259
specified for each grade level are taught to students, and shall	28260
demonstrate vertical articulation and emphasize coherence, focus,	28261
and rigor. When any model curriculum has been completed, the state	28262
board shall inform all school districts, community schools, and	28263
STEM schools of the content of that model curriculum.	28264

All school districts, community schools, and STEM schools may	28265
utilize the state standards and the model curriculum established	28266
by the state board, together with other relevant resources,	28267
examples, or models to ensure that students have the opportunity	28268
to attain the academic standards. Upon request, the department of	28269
education shall provide technical assistance to any district,	28270
community school, or STEM school in implementing the model	28271
curriculum.	28272

Nothing in this section requires any school district to	28273
utilize all or any part of a model curriculum developed under this	28274
division.	28275

(C) The state board shall develop achievement ~~tests~~	28276
assessments aligned with the academic standards and model	28277
curriculum for each of the subject areas and grade levels required	28278
by divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised	28279
Code.	28280

When any achievement ~~test~~assessment has been completed, the	28281
state board shall inform all school districts, community schools,	28282
STEM schools, and nonpublic schools required to administer the	28283
assessment of its completion, and the department of education	28284
shall make the achievement ~~test~~assessment available to the	28285
districts and schools. ~~School districts shall administer the~~	28286
~~achievement test beginning in the school year indicated in section~~	28287
~~3301.0712 of the Revised Code.~~	28288

(D)(1) The state board shall adopt a diagnostic assessment	28289
aligned with the academic standards and model curriculum for each	28290
of grades kindergarten through two in ~~reading, writing,~~English	28291
language arts and mathematics and for grade three in ~~writing~~	28292
English language arts. The diagnostic assessment shall be	28293
designed to measure student comprehension of academic content and	28294
mastery of related skills for the relevant subject area and grade	28295
level. Any diagnostic assessment shall not include components to	28296
identify gifted students. Blank copies of diagnostic tests shall	28297
be public records.	28298

(2) When each diagnostic assessment has been completed, the	28299
state board shall inform all school districts of its completion	28300
and the department of education shall make the diagnostic	28301
assessment available to the districts at no cost to the district.	28302
School districts shall administer the diagnostic assessment	28303
pursuant to section 3301.0715 of the Revised Code beginning the	28304
first school year following the development of the assessment.	28305

(E) The state board shall not adopt a diagnostic or	28306
achievement assessment for any grade level or subject area other	28307
than those specified in this section.	28308

(F) Whenever the state board or the department of education	28309
consults with persons for the purpose of drafting or reviewing any	28310
standards, diagnostic assessments, achievement ~~tests~~assessments,	28311
or model curriculum required under this section, the state board	28312
or the department shall first consult with parents of students in	28313
kindergarten through twelfth grade and with active Ohio classroom	28314
teachers, other school personnel, and administrators with	28315
expertise in the appropriate subject area. Whenever practicable,	28316
the state board and department shall consult with teachers	28317
recognized as outstanding in their fields.	28318

If the department contracts with more than one outside entity	28319
for the development of the achievement ~~tests~~assessments required	28320
by this section, the department shall ensure the	28321
interchangeability of those ~~tests~~assessments.	28322

~~(F)~~(G) The fairness sensitivity review committee, established	28323
by rule of the state board of education, shall not allow any	28324
question on any achievement ~~test~~ or diagnostic assessment	28325
developed under this section or any proficiency test prescribed by	28326
former section 3301.0710 of the Revised Code, as it existed prior	28327
to September 11, 2001, to include, be written to promote, or	28328
inquire as to individual moral or social values or beliefs. The	28329
decision of the committee shall be final. This section does not	28330
create a private cause of action.	28331

(H) As used in this section:

28332

(1) "Coherence" means a reflection of the structure of the	28333
discipline being taught.	28334

(2) "Focus" means limiting the number of items included in a	28335
curriculum to allow for deeper exploration of the subject matter.	28336

(3) "Rigor" means more challenging and demanding when	28337
compared to international standards.	28338

(4) "Vertical articulation" means key academic concepts and	28339
skills associated with mastery in particular content areas should	28340
be articulated and reinforced in a developmentally appropriate	28341
manner at each grade level so that over time students acquire a	28342
depth of knowledge and understanding in the core academic	28343
disciplines.	28344

Sec. 3301.0710. The state board of education shall adopt	28345
rules establishing a statewide program to ~~test~~assess student	28346
achievement. The state board shall ensure that all ~~tests~~	28347
assessments administered under the ~~testing~~ program are aligned	28348
with the academic standards and model curricula adopted by the	28349
state board and are created with input from Ohio parents, Ohio	28350
classroom teachers, Ohio school administrators, and other Ohio	28351
school personnel pursuant to section 3301.079 of the Revised Code.	28352

The ~~testing~~assessment program shall be designed to ensure	28353
that students who receive a high school diploma demonstrate at	28354
least high school levels of achievement in ~~reading, writing~~	28355
English language arts, mathematics, science, and social studies,	28356
and other skills necessary in the twenty-first century.	28357

(A)(1) The state board shall prescribe all of the following:

28358

(a) Two statewide achievement ~~tests~~assessments, one each	28359
designed to measure the level of ~~reading~~English language arts	28360
and mathematics skill expected at the end of third grade;	28361

(b) ~~Three~~Two statewide achievement ~~tests~~assessments, one	28362
each designed to measure the level of ~~reading, writing,~~English	28363
language arts and mathematics skill expected at the end of fourth	28364
grade;	28365

(c) Four statewide achievement ~~tests~~assessments, one each	28366
designed to measure the level of ~~reading~~English language arts,	28367
mathematics, science, and social studies skill expected at the	28368
end of fifth grade;	28369

(d) Two statewide achievement ~~tests~~assessments, one each	28370
designed to measure the level of ~~reading~~English language arts	28371
and mathematics skill expected at the end of sixth grade;	28372

(e) ~~Three~~Two statewide achievement ~~tests~~assessments, one	28373
each designed to measure the level of ~~reading, writing,~~English	28374
language arts and mathematics skill expected at the end of seventh	28375
grade;	28376

(f) Four statewide achievement ~~tests~~assessments, one each	28377
designed to measure the level of ~~reading~~English language arts,	28378
mathematics, science, and social studies skill expected at the	28379
end of eighth grade.	28380

(2) The state board shall determine and designate at least	28381
~~five~~three ranges of scores on each of the achievement ~~tests~~	28382
assessments described in divisions (A)(1) and (B)(1) of this	28383
section. Each range of scores shall be deemed to demonstrate a	28384
level of achievement so that any student attaining a score within	28385
such range has achieved one of the following:	28386

(a) An advanced level of skill;

28387

(b) ~~An accelerated level of skill;~~

28388

~~(c)~~ A proficient level of skill;

28389

~~(d) A basic level of skill~~;

28390

~~(e)~~(c) A limited level of skill.

28391

(B)(1) The ~~tests~~assessments prescribed under ~~this~~ division	28392
(B)(1) of this section shall collectively be known as the Ohio	28393
graduation tests. The state board shall prescribe five statewide	28394
high school achievement ~~tests~~assessments, one each designed to	28395
measure the level of reading, writing, mathematics, science, and	28396
social studies skill expected at the end of tenth grade. The	28397
state board shall designate a score in at least the range	28398
designated under division (A)(2)~~(c)~~(b) of this section on each	28399
such ~~test~~assessment that shall be deemed to be a passing score	28400
on the ~~test~~assessment as a condition toward granting high school	28401
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	28402
of the Revised Code until the assessment system prescribed by	28403
section 3301.0712 of the Revised Code is implemented in	28404
accordance with rules adopted by the state board under division	28405
(E) of that section.	28406

(2) The state board shall prescribe an assessment system in	28407
accordance with section 3301.0712 of the Revised Code that shall	28408
replace the Ohio graduation tests in the manner prescribed by	28409
rules adopted by the state board under division (E) of that	28410
section.	28411

(3) The state board may enter into a reciprocal agreement	28412
with the appropriate body or agency of any other state that has	28413
similar statewide achievement ~~testing~~assessment requirements for	28414
receiving high school diplomas, under which any student who has	28415
met an achievement ~~testing~~assessment requirement of one state is	28416
recognized as having met the similar ~~achievement testing~~	28417
requirement of the other state for purposes of receiving a high	28418
school diploma. For purposes of this section and sections	28419
3301.0711 and 3313.61 of the Revised Code, any student enrolled in	28420
any public high school in this state who has met an achievement	28421
~~testing~~assessment requirement specified in a reciprocal agreement	28422
entered into under this division shall be deemed to have attained	28423
at least the applicable score designated under this division on	28424
each ~~test~~assessment required by ~~this~~ division (B)(1) or (2) of	28425
this section that is specified in the agreement.	28426

(C) ~~Except as provided in division (H) of this section, the~~	28427
~~state board shall annually designate as follows the dates on which~~	28428
~~the tests prescribed under this section shall be administered:~~	28429

~~(1) For the reading test prescribed under division (A)(1)(a)~~	28430
~~of this section, as follows:~~	28431

~~(a) One date prior to the thirty-first day of December each~~	28432
~~school year;~~	28433

~~(b) At least one date of each school year that is not earlier~~	28434
~~than Monday of the week containing the twenty-fourth day of~~	28435
~~April.~~	28436

~~(2) For the mathematics test prescribed under division~~	28437
~~(A)(1)(a) of this section and the tests prescribed under divisions~~	28438
~~(A)(1)(b), (c), (d), (e), and (f) of this section, at least one~~	28439
~~date of each school year that is not earlier than Monday of the~~	28440
~~week containing the twenty-fourth day of April;~~	28441

~~(3) For the tests prescribed under division (B) of this~~	28442
~~section, at least one date in each school year that is not earlier~~	28443
~~than Monday of the week containing the fifteenth day of March for~~	28444
~~all tenth grade students and at least one date prior to the~~	28445
~~thirty-first day of December and at least one date subsequent to~~	28446
~~that date but prior to the thirty-first day of March of each~~	28447
~~school year for eleventh and twelfth grade students.~~	28448

~~(D) In prescribing test dates pursuant to division (C)(3) of~~	28449
~~this section, the state board shall, to the greatest extent~~	28450
~~practicable, provide options to school districts in the case of~~	28451
~~tests administered under that division to eleventh and twelfth~~	28452
~~grade students and in the case of tests administered to students~~	28453
~~pursuant to division (C)(2) of section 3301.0711 of the Revised~~	28454
~~Code. Such options shall include at least an opportunity for~~	28455
~~school districts to give such tests outside of regular school~~	28456
~~hours.~~	28457

~~(E) In~~The superintendent of public instruction shall	28458
designate dates and times for the administration of the	28459
assessments prescribed by divisions (A) and (B) of this section.	28460

In prescribing ~~test~~administration dates pursuant to this	28461
~~section~~division, the ~~state board of education~~superintendent	28462
shall designate the dates in such a way as to allow a reasonable	28463
length of time between the administration of ~~tests~~assessments	28464
prescribed under this section and any administration of the	28465
~~National Assessment~~national assessment of ~~Education Progress~~	28466
~~Test~~educational progress given to students in the same grade	28467
level pursuant to section 3301.27 of the Revised Code or federal	28468
law.	28469

~~(F)~~(D) The state board shall prescribe a practice version of	28470
each Ohio graduation test described in division (B)(1) of this	28471
section that is of comparable length to the actual test.	28472

~~(G)~~(E) Any committee established by the department of	28473
education for the purpose of making recommendations to the state	28474
board regarding the state board's designation of scores on the	28475
tests described by this section shall inform the state board of	28476
the probable percentage of students who would score in each of	28477
the ranges established under division (A)(2) of this section on	28478
the tests if the committee's recommendations are adopted by the	28479
state board. To the extent possible, these percentages shall be	28480
disaggregated by gender, major racial and ethnic groups, limited	28481
English proficient students, economically disadvantaged students,	28482
students with disabilities, and migrant students.	28483

If the state board intends to make any change to the	28484
committee's recommendations, the state board shall explain the	28485
intended change to the Ohio accountability task force established	28486
by section 3302.021 of the Revised Code. The task force shall	28487
recommend whether the state board should proceed to adopt the	28488
intended change. Nothing in this division shall require the state	28489
board to designate test scores based upon the recommendations of	28490
the task force.	28491

~~(H)(1) The state board shall require any alternate assessment~~	28492
~~administered to a student under division (C)(1) of section~~	28493
~~3301.0711 of the Revised Code to be completed and submitted to the~~	28494
~~entity with which the department contracts for the scoring of the~~	28495
~~test not later than the first day of April of the school year in~~	28496
~~which the test is administered.~~	28497

~~(2) For any test prescribed by this section, the state board~~	28498
~~may designate a date one week earlier than the applicable date~~	28499
~~designated under division (C) of this section for the~~	28500
~~administration of the test to limited English proficient students.~~	28501

~~(3) In designating days for the administration of the tests~~	28502
~~prescribed by division (A) of this section, the state board shall~~	28503
~~require the tests for each grade level to be administered over a~~	28504
~~period of two weeks.~~	28505

Sec. 3301.0711. (A) The department of education shall:

28506

(1) Annually furnish to, grade, and score all ~~tests~~	28507
assessments required by divisions (A)(1) and (B)(1) of section	28508
3301.0710 of the Revised Code to be administered by city, local,	28509
exempted village, and joint vocational school districts, except	28510
that each district shall score any test administered pursuant to	28511
division (B)(10) of this section. Each ~~test~~assessment so	28512
furnished shall include the data verification code of the student	28513
to whom the test will be administered, as assigned pursuant to	28514
division (D)(2) of section 3301.0714 of the Revised Code. In	28515
furnishing the practice versions of Ohio graduation tests	28516
prescribed by division ~~(F)~~(D) of section 3301.0710 of the Revised	28517
Code, the department shall make the tests available on its web	28518
site for reproduction by districts. In awarding contracts for	28519
grading ~~tests~~assessments, the department shall give preference to	28520
Ohio-based entities employing Ohio residents.	28521

(2) Adopt rules for the ethical use of ~~tests~~assessments and	28522
prescribing the manner in which the ~~tests~~assessments prescribed	28523
by section 3301.0710 of the Revised Code shall be administered to	28524
students.	28525

(B) Except as provided in divisions (C) and (J) of this	28526
section, the board of education of each city, local, and exempted	28527
village school district shall, in accordance with rules adopted	28528
under division (A) of this section:	28529

(1) Administer the ~~reading test~~English language arts	28530
prescribed under division (A)(1)(a) of section 3301.0710 of the	28531
Revised Code twice annually to all students in the third grade	28532
who have not attained the score designated for that ~~test~~	28533
assessment under division (A)(2)~~(c)~~(b) of section 3301.0710 of the	28534
Revised Code.	28535

(2) Administer the mathematics ~~test~~assessment prescribed	28536
under division (A)(1)(a) of section 3301.0710 of the Revised Code	28537
at least once annually to all students in the third grade.	28538

(3) Administer the ~~tests~~assessments prescribed under	28539
division (A)(1)(b) of section 3301.0710 of the Revised Code at	28540
least once annually to all students in the fourth grade.	28541

(4) Administer the ~~tests~~assessments prescribed under	28542
division (A)(1)(c) of section 3301.0710 of the Revised Code at	28543
least once annually to all students in the fifth grade.	28544

(5) Administer the ~~tests~~assessments prescribed under	28545
division (A)(1)(d) of section 3301.0710 of the Revised Code at	28546
least once annually to all students in the sixth grade.	28547

(6) Administer the ~~tests~~assessments prescribed under	28548
division (A)(1)(e) of section 3301.0710 of the Revised Code at	28549
least once annually to all students in the seventh grade.	28550

(7) Administer the ~~tests~~assessments prescribed under	28551
division (A)(1)(f) of section 3301.0710 of the Revised Code at	28552
least once annually to all students in the eighth grade.	28553

(8) Except as provided in division (B)(9) of this section,	28554
administer any ~~test~~assessment prescribed under division (B)(1) of	28555
section 3301.0710 of the Revised Code as follows:	28556

(a) At least once annually to all tenth grade students and at	28557
least twice annually to all students in eleventh or twelfth grade	28558
who have not yet attained the score on that ~~test~~assessment	28559
designated under that division;	28560

(b) To any person who has successfully completed the	28561
curriculum in any high school or the individualized education	28562
program developed for the person by any high school pursuant to	28563
section 3323.08 of the Revised Code but has not received a high	28564
school diploma and who requests to take such ~~test~~assessment, at	28565
any time such test is administered in the district.	28566

(9) In lieu of the board of education of any city, local, or	28567
exempted village school district in which the student is also	28568
enrolled, the board of a joint vocational school district shall	28569
administer any ~~test~~assessment prescribed under division (B)(1) of	28570
section 3301.0710 of the Revised Code at least twice annually to	28571
any student enrolled in the joint vocational school district who	28572
has not yet attained the score on that ~~test~~assessment designated	28573
under that division. A board of a joint vocational school district	28574
may also administer such ~~a test~~an assessment to any student	28575
described in division (B)(8)(b) of this section.	28576

(10) If the district has been declared to be under an	28577
academic watch or in a state of academic emergency pursuant to	28578
section 3302.03 of the Revised Code or has a three-year average	28579
graduation rate of not more than seventy-five per cent, administer	28580
each ~~test~~assessment prescribed by division ~~(F)~~(D) of section	28581
3301.0710 of the Revised Code in September to all ninth grade	28582
students, beginning in the school year that starts July 1, 2005.	28583

Except as provided in section 3313.614 of the Revised Code	28584
for administration of an assessment to a person who has fulfilled	28585
the curriculum requirement for a high school diploma but has not	28586
passed one or more of the required assessments, the assessments	28587
prescribed under division (B)(1) of section 3301.0710 of the	28588
Revised Code and the practice assessments prescribed under	28589
division (D) of that section and required to be administered under	28590
divisions (B)(8), (9), and (10) of this section shall not be	28591
administered after the assessment system prescribed by division	28592
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	28593
Code is implemented under rule of the state board adopted under	28594
division (E)(1) of section 3301.0712 of the Revised Code.	28595

(11) Administer the assessments prescribed by division (B)(2)	28596
of section 3301.0710 and section 3301.0712 of the Revised Code in	28597
accordance with the timeline and plan for implementation of those	28598
assessments prescribed by rule of the state board adopted under	28599
division (E)(1) of section 3301.0712 of the Revised Code.	28600

(C)(1)(a) Any student receiving special education services	28601
under Chapter 3323. of the Revised Code may be excused from taking	28602
any particular ~~test~~assessment required to be administered under	28603
this section if the individualized education program developed	28604
for the student pursuant to section 3323.08 of the Revised Code	28605
excuses the student from taking that ~~test~~assessment and instead	28606
specifies an alternate assessment method approved by the	28607
department of education as conforming to requirements of federal	28608
law for receipt of federal funds for disadvantaged pupils. To the	28609
extent possible, the individualized education program shall not	28610
excuse the student from taking ~~a test~~an assessment unless no	28611
reasonable accommodation can be made to enable the student to	28612
take the ~~test~~assessment.	28613

(b) Any alternate assessment approved by the department for a	28614
student under this division shall produce measurable results	28615
comparable to those produced by the ~~tests which the alternate~~	28616
~~assessments are replacing~~assessment it replaces in order to allow	28617
for the student's ~~assessment~~ results to be included in the data	28618
compiled for a school district or building under section 3302.03	28619
of the Revised Code.	28620

(c) Any student enrolled in a chartered nonpublic school who	28621
has been identified, based on an evaluation conducted in	28622
accordance with section 3323.03 of the Revised Code or section 504	28623
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	28624
794, as amended, as a child with a disability shall be excused	28625
from taking any particular ~~test~~assessment required to be	28626
administered under this section if a plan developed for the	28627
student pursuant to rules adopted by the state board excuses the	28628
student from taking that ~~test~~assessment. In the case of any	28629
student so excused from taking ~~a test~~an assessment, the chartered	28630
nonpublic school shall not prohibit the student from taking the	28631
~~test~~assessment.	28632

(2) A district board may, for medical reasons or other good	28633
cause, excuse a student from taking ~~a test~~an assessment	28634
administered under this section on the date scheduled, but ~~any~~	28635
~~such test~~that assessment shall be administered to ~~such~~the	28636
excused student not later than nine days following the scheduled	28637
date. The district board shall annually report the number of	28638
students who have not taken one or more of the ~~tests~~assessments	28639
required by this section to the state board of education not later	28640
than the thirtieth day of June.	28641

(3) As used in this division, "limited English proficient	28642
student" has the same meaning as in 20 U.S.C. 7801.	28643

No school district board shall excuse any limited English	28644
proficient student from taking any particular ~~test~~assessment	28645
required to be administered under this section, except that any	28646
limited English proficient student who has been enrolled in	28647
United States schools for less than one full school year shall	28648
not be required to take any ~~such~~ reading or, writing ~~test~~, or	28649
English language arts assessment. However, no board shall prohibit	28650
a limited English proficient student who is not required to take a	28651
~~test~~an assessment under this division from taking the ~~test~~	28652
assessment. A board may permit any limited English proficient	28653
student to take ~~any test~~an assessment required to be	28654
administered under this section with appropriate accommodations,	28655
as determined by the department. For each limited English	28656
proficient student, each school district shall annually assess	28657
that student's progress in learning English, in accordance with	28658
procedures approved by the department.	28659

The governing authority of a chartered nonpublic school may	28660
excuse a limited English proficient student from taking any ~~test~~	28661
assessment administered under this section. However, no governing	28662
authority shall prohibit a limited English proficient student	28663
from taking the ~~test~~assessment.	28664

(D)(1) In the school year next succeeding the school year in	28665
which the ~~tests~~assessments prescribed by division (A)(1) or	28666
(B)(1) of section 3301.0710 of the Revised Code or former division	28667
(A)(1), (A)(2), or (B) of section 3301.0710 of the Revised Code	28668
as it existed prior to September 11, 2001, are administered to	28669
any student, the board of education of any school district in	28670
which the student is enrolled in that year shall provide to the	28671
student intervention services commensurate with the student's ~~test~~	28672
performance, including any intensive intervention required under	28673
section 3313.608 of the Revised Code, in any skill in which the	28674
student failed to demonstrate at least a score at the proficient	28675
level on the ~~test~~assessment.	28676

(2) Following any administration of the ~~tests~~assessments	28677
prescribed by division ~~(F)~~(D) of section 3301.0710 of the Revised	28678
Code to ninth grade students, each school district that has a	28679
three-year average graduation rate of not more than seventy-five	28680
per cent shall determine for each high school in the district	28681
whether the school shall be required to provide intervention	28682
services to any students who took the ~~tests~~assessments. In	28683
determining which high schools shall provide intervention	28684
services based on the resources available, the district shall	28685
consider each school's graduation rate and scores on the practice	28686
~~tests~~assessments. The district also shall consider the scores	28687
received by ninth grade students on the ~~reading~~English language	28688
arts and mathematics ~~tests~~assessments prescribed under division	28689
(A)(1)(f) of section 3301.0710 of the Revised Code in the eighth	28690
grade in determining which high schools shall provide	28691
intervention services.	28692

Each high school selected to provide intervention services	28693
under this division shall provide intervention services to any	28694
student whose ~~test~~ results indicate that the student is failing to	28695
make satisfactory progress toward being able to attain scores at	28696
the proficient level on the Ohio graduation tests. Intervention	28697
services shall be provided in any skill in which a student	28698
demonstrates unsatisfactory progress and shall be commensurate	28699
with the student's ~~test~~ performance. Schools shall provide the	28700
intervention services prior to the end of the school year, during	28701
the summer following the ninth grade, in the next succeeding	28702
school year, or at any combination of those times.	28703

(E) Except as provided in section 3313.608 of the Revised	28704
Code and division (M) of this section, no school district board of	28705
education shall utilize any student's failure to attain a	28706
specified score on ~~any test~~an assessment administered under this	28707
section as a factor in any decision to deny the student promotion	28708
to a higher grade level. However, a district board may choose not	28709
to promote to the next grade level any student who does not take	28710
~~any test~~an assessment administered under this section or make up	28711
~~such test~~an assessment as provided by division (C)(2) of this	28712
section and who is not exempt from the requirement to take the	28713
~~test~~assessment under division (C)(3) of this section.	28714

(F) No person shall be charged a fee for taking any ~~test~~	28715
assessment administered under this section.	28716

(G)(1) Each school district board shall designate one	28717
location for the collection of ~~tests~~assessments administered in	28718
the spring under division (B)(1) of this section and ~~the tests~~	28719
those administered under divisions (B)(2) to (7) of this section.	28720
Each district board shall submit the ~~tests~~assessments to the	28721
entity with which the department contracts for the scoring of the	28722
~~tests~~assessments as follows:	28723

(a) If the district's total enrollment in grades kindergarten	28724
through twelve during the first full school week of October was	28725
less than two thousand five hundred, not later than the Friday	28726
after all of the ~~tests~~assessments have been administered;	28727

(b) If the district's total enrollment in grades kindergarten	28728
through twelve during the first full school week of October was	28729
two thousand five hundred or more, but less than seven thousand,	28730
not later than the Monday after all of the ~~tests~~assessments have	28731
been administered;	28732

(c) If the district's total enrollment in grades kindergarten	28733
through twelve during the first full school week of October was	28734
seven thousand or more, not later than the Tuesday after all of	28735
the ~~tests~~assessments have been administered.	28736

However, any ~~such test~~assessment that a student takes during	28737
the make-up period described in division (C)(2) of this section	28738
shall be submitted not later than the Friday following the day	28739
the student takes the ~~test~~assessment.	28740

(2) The department or an entity with which the department	28741
contracts for the scoring of the ~~test~~assessment shall send to	28742
each school district board a list of the individual ~~test~~ scores	28743
of all persons taking ~~any test~~an assessment prescribed by	28744
division (A)(1) or (B)(1) of section 3301.0710 of the Revised	28745
Code within sixty days after its administration, but in no case	28746
shall the scores be returned later than the fifteenth day of June	28747
following the administration. For ~~any tests~~assessments	28748
administered under this section by a joint vocational school	28749
district, the department or entity shall also send to each city,	28750
local, or exempted village school district a list of the	28751
individual ~~test~~ scores of any students of such city, local, or	28752
exempted village school district who are attending school in the	28753
joint vocational school district.	28754

(H) Individual ~~test~~ scores on any ~~tests~~assessments	28755
administered under this section shall be released by a district	28756
board only in accordance with section 3319.321 of the Revised Code	28757
and the rules adopted under division (A) of this section. No	28758
district board or its employees shall utilize individual or	28759
aggregate ~~test~~ results in any manner that conflicts with rules for	28760
the ethical use of ~~tests~~assessments adopted pursuant to division	28761
(A) of this section.	28762

(I) Except as provided in division (G) of this section, the	28763
department or an entity with which the department contracts for	28764
the scoring of the ~~test~~assessment shall not release any	28765
individual ~~test~~ scores on any ~~test~~assessment administered under	28766
this section. The state board of education shall adopt rules to	28767
ensure the protection of student confidentiality at all times.	28768
The rules may require the use of the data verification codes	28769
assigned to students pursuant to division (D)(2) of section	28770
3301.0714 of the Revised Code to protect the confidentiality of	28771
student ~~test~~ scores.	28772

(J) Notwithstanding division (D) of section 3311.52 of the	28773
Revised Code, this section does not apply to the board of	28774
education of any cooperative education school district except as	28775
provided under rules adopted pursuant to this division.	28776

(1) In accordance with rules that the state board of	28777
education shall adopt, the board of education of any city,	28778
exempted village, or local school district with territory in a	28779
cooperative education school district established pursuant to	28780
divisions (A) to (C) of section 3311.52 of the Revised Code may	28781
enter into an agreement with the board of education of the	28782
cooperative education school district for administering any ~~test~~	28783
assessment prescribed under this section to students of the city,	28784
exempted village, or local school district who are attending	28785
school in the cooperative education school district.	28786

(2) In accordance with rules that the state board of	28787
education shall adopt, the board of education of any city,	28788
exempted village, or local school district with territory in a	28789
cooperative education school district established pursuant to	28790
section 3311.521 of the Revised Code shall enter into an agreement	28791
with the cooperative district that provides for the administration	28792
of any ~~test~~assessment prescribed under this section to both of	28793
the following:	28794

(a) Students who are attending school in the cooperative	28795
district and who, if the cooperative district were not	28796
established, would be entitled to attend school in the city,	28797
local, or exempted village school district pursuant to section	28798
3313.64 or 3313.65 of the Revised Code;	28799

(b) Persons described in division (B)(8)(b) of this section.

28800

Any ~~testing~~assessment of students pursuant to such an	28801
agreement shall be in lieu of any ~~testing~~assessment of such	28802
students or persons pursuant to this section.	28803

(K)(1) As a condition of compliance with section 3313.612 of	28804
the Revised Code, each chartered nonpublic school that educates	28805
students in grades nine through twelve shall administer the	28806
assessments prescribed by divisions (B)(1) and (2) of section	28807
3301.0710 of the Revised Code. Any chartered nonpublic school may	28808
participate in the ~~testing~~assessment program by administering any	28809
of the ~~tests~~assessments prescribed by division (A) of section	28810
3301.0710 ~~or 3301.0712~~ of the Revised Code ~~if the~~. The chief	28811
administrator of the school ~~specifies~~shall specify which ~~tests~~	28812
assessments the school ~~wishes to~~will administer. Such	28813
specification shall be made in writing to the superintendent of	28814
public instruction prior to the first day of August of any school	28815
year in which ~~tests~~assessments are administered and shall include	28816
a pledge that the nonpublic school will administer the specified	28817
~~tests~~assessments in the same manner as public schools are	28818
required to do under this section and rules adopted by the	28819
department.	28820

(2) The department of education shall furnish the ~~tests~~	28821
assessments prescribed by section 3301.0710 or 3301.0712 of the	28822
Revised Code to ~~any~~each chartered nonpublic school ~~electing to~~	28823
~~participate~~that participates under this division.	28824

(L)(1) The superintendent of the state school for the blind	28825
and the superintendent of the state school for the deaf shall	28826
administer the ~~tests~~assessments described by ~~section~~sections	28827
3301.0710 and 3301.0712 of the Revised Code. Each superintendent	28828
shall administer the ~~tests~~assessments in the same manner as	28829
district boards are required to do under this section and rules	28830
adopted by the department of education and in conformity with	28831
division (C)(1)(a) of this section.	28832

(2) The department of education shall furnish the ~~tests~~	28833
assessments described by ~~section~~sections 3301.0710 and 3301.0712	28834
of the Revised Code to each superintendent.	28835

(M) Notwithstanding division (E) of this section, a school	28836
district may use a student's failure to attain a score in at least	28837
the ~~basic~~proficient range on the mathematics ~~test~~assessment	28838
described by division (A)(1)(a) of section 3301.0710 of the	28839
Revised Code or on ~~any of the tests~~an assessment described by	28840
division (A)(1)(b), (c), (d), (e), or (f) of section 3301.0710	28841
of the Revised Code as a factor in retaining that student in the	28842
current grade level.	28843

(N)(1) In the manner specified in divisions (N)(3) ~~to (5)~~and	28844
(4) of this section, the ~~tests~~assessments required by division	28845
(A)(1) of section 3301.0710 of the Revised Code shall become	28846
public records pursuant to section 149.43 of the Revised Code on	28847
the first day of July following the school year that the ~~test was~~	28848
assessments were administered.	28849

(2) The department may field test proposed ~~test~~ questions	28850
with samples of students to determine the validity, reliability,	28851
or appropriateness of ~~test~~ questions for possible inclusion in a	28852
future year's ~~test~~assessment. The department also may use anchor	28853
questions on ~~tests~~assessments to ensure that different versions	28854
of the same test are of comparable difficulty.	28855

Field test questions and anchor questions shall not be	28856
considered in computing ~~test~~ scores for individual students. Field	28857
test questions and anchor questions may be included as part of the	28858
administration of any ~~test~~assessment required by division (A)(1)	28859
or (B)(1) of section 3301.0710 of the Revised Code.	28860

(3) Any field test question or anchor question administered	28861
under division (N)(2) of this section shall not be a public	28862
record. Such field test questions and anchor questions shall be	28863
redacted from any ~~tests~~assessments which are released as a public	28864
record pursuant to division (N)(1) of this section.	28865

(4) This division applies to the ~~tests~~assessments prescribed	28866
by division (A) of section 3301.0710 of the Revised Code.	28867

(a) The first administration of each ~~test~~assessment, as	28868
specified in former section 3301.0712 of the Revised Code, shall	28869
be a public record.	28870

(b) For subsequent administrations of each ~~test~~assessment,	28871
not less than forty per cent of the questions on the ~~test~~	28872
assessment that are used to compute a student's score shall be a	28873
public record. The department shall determine which questions	28874
will be needed for reuse on a future ~~test~~assessment and those	28875
questions shall not be public records and shall be redacted from	28876
the ~~test~~assessment prior to its release as a public record.	28877
However, for each redacted question, the department shall inform	28878
each city, local, and exempted village school district of the	28879
statewide academic standard adopted by the state board of	28880
education under section 3301.079 of the Revised Code and the	28881
corresponding benchmark to which the question relates. The	28882
preceding sentence does not apply to field test questions that are	28883
redacted under division (N)(3) of this section.	28884

(5) Each ~~test~~assessment prescribed by division (B)(1) of	28885
section 3301.0710 of the Revised Code ~~that is administered in the~~	28886
~~spring shall be a public record. Each test prescribed by that~~	28887
~~division that is administered in the fall or summer~~ shall not be	28888
a public record.	28889

(O) As used in this section:

28890

(1) "Three-year average" means the average of the most recent	28891
consecutive three school years of data.	28892

(2) "Dropout" means a student who withdraws from school	28893
before completing course requirements for graduation and who is	28894
not enrolled in an education program approved by the state board	28895
of education or an education program outside the state. "Dropout"	28896
does not include a student who has departed the country.	28897

(3) "Graduation rate" means the ratio of students receiving a	28898
diploma to the number of students who entered ninth grade four	28899
years earlier. Students who transfer into the district are added	28900
to the calculation. Students who transfer out of the district for	28901
reasons other than dropout are subtracted from the calculation. If	28902
a student who was a dropout in any previous year returns to the	28903
same school district, that student shall be entered into the	28904
calculation as if the student had entered ninth grade four years	28905
before the graduation year of the graduating class that the	28906
student joins.	28907

Sec. 3301.0712. (A) The state board of education, the	28908
superintendent of public instruction, and the chancellor of the	28909
Ohio board of regents shall develop a system of assessments as	28910
described in divisions (B)(1) to (4) of this section to assess	28911
whether each student upon graduating from high school is college	28912
or career ready. The system shall replace the Ohio graduation	28913
tests prescribed in division (B)(1) of section 3301.0710 of the	28914
Revised Code as a measure of student academic performance and a	28915
prerequisite for eligibility for a high school diploma in the	28916
manner prescribed by rule of the state board adopted under	28917
division (E) of this section.	28918

(B) The assessment system shall consist of the following:

28919

(1) A nationally standardized assessment that measures	28920
competencies in science, mathematics, and English language arts	28921
selected jointly by the state superintendent and the chancellor.	28922

(2) A series of end-of-course examinations in the areas of	28923
science, mathematics, English language arts, and social studies	28924
selected jointly by the state superintendent and the chancellor in	28925
consultation with faculty in the appropriate subject areas at	28926
institutions of higher education of the university system of Ohio.	28927

(3) A community service learning project developed and	28928
completed by each student in accordance with section 3313.605 of	28929
the Revised Code. The purpose of the community service learning	28930
project is to assess the student's:	28931

(a) Awareness of the importance of civic responsibility and	28932
community service;	28933

(b) Leadership skills;

28934

28935

(d) Cultural awareness and global competence; and

28936

(e) Flexibility, adaptability, and self-direction.

28937

The community service learning project shall promote learning	28938
through active participation, provide structured time for the	28939
student to reflect, provide opportunities to use skills and	28940
knowledge in real-life situations, extend learning beyond the	28941
classroom, and foster a sense of caring for others.	28942

(4) A senior project completed by a student or a group of	28943
students. The purpose of the senior project is to assess the	28944
student's:	28945

(a) Mastery of core knowledge in a subject area chosen by the	28946
student;	28947

(b) Written and verbal communication skills;

28948

28949

(d) Real world and interdisciplinary learning;

28950

(e) Creative and innovative thinking;

28951

(f) Acquired technology, information, and media skills; and

28952

(g) Personal management skills such as self-direction, time	28953
management, work ethic, enthusiasm, and the desire to produce a	28954
high quality product.	28955

The state superintendent and the chancellor jointly shall	28956
develop standards for the senior project for students	28957
participating in dual enrollment programs.	28958

(C)(1) The state superintendent and the chancellor jointly	28959
shall designate the scoring rubrics and the required overall	28960
composite score for the assessment system to assess whether each	28961
student is college or career ready.	28962

(2) Each community service learning project and senior	28963
project shall be judged by the student's high school in accordance	28964
with rubrics designated by the state superintendent and the	28965
chancellor.	28966

(D) Not later than thirty days after the state board adopts	28967
the model curricula required by division (B) of section 3301.079	28968
of the Revised Code, the state board shall convene a group of	28969
national experts, state experts, and local practitioners to	28970
provide advice, guidance, and recommendations for the alignment	28971
of standards and model curricula to the assessments and in the	28972
design of the end-of-course examinations and scoring rubrics	28973
prescribed by this section.	28974

(E) Upon completion of the development of the assessment	28975
system, the state board shall adopt rules prescribing all of the	28976
following:	28977

(1) A timeline and plan for implementation of the assessment	28978
system, including a phased implementation if the state board	28979
determines such a phase-in is warranted;	28980

(2) The date after which a person entering ninth grade shall	28981
attain at least the composite score for the entire assessment	28982
system as a prerequisite for a high school diploma under sections	28983
3313.61, 3313.612, or 3325.08 of the Revised Code;	28984

(3) The date after which a person shall attain at least the	28985
composite score for the entire assessment system as a prerequisite	28986
for a diploma of adult education under section 3313.611 of the	28987
Revised Code;	28988

(4) Whether and the extent to which a person may be excused	28989
from a social studies end-of-course examination under division (H)	28990
of section 3313.61 and division (B)(2) of section 3313.612 of the	28991
Revised Code;	28992

(5) The date after which a person who has fulfilled the	28993
curriculum requirement for a diploma but has not passed one or	28994
more of the required assessments at the time the person fulfilled	28995
the curriculum requirement shall attain at least the composite	28996
score for the entire assessment system as a prerequisite for a	28997
high school diploma under division (B) of section 3313.614 of the	28998
Revised Code;	28999

(6) The extent to which the assessment system applies to	29000
students enrolled in a dropout recovery and prevention program for	29001
purposes of division (F) of section 3313.603 and section 3314.36	29002
of the Revised Code.	29003

No rule adopted under this division shall be effective	29004
earlier than one year after the date the rule is filed in final	29005
form pursuant to Chapter 119. of the Revised Code.	29006

Sec. 3301.0714. (A) The state board of education shall adopt	29007
rules for a statewide education management information system. The	29008
rules shall require the state board to establish guidelines for	29009
the establishment and maintenance of the system in accordance with	29010
this section and the rules adopted under this section. The	29011
guidelines shall include:	29012

(1) Standards identifying and defining the types of data in	29013
the system in accordance with divisions (B) and (C) of this	29014
section;	29015

(2) Procedures for annually collecting and reporting the data	29016
to the state board in accordance with division (D) of this	29017
section;	29018

(3) Procedures for annually compiling the data in accordance	29019
with division (G) of this section;	29020

(4) Procedures for annually reporting the data to the public	29021
in accordance with division (H) of this section.	29022

(B) The guidelines adopted under this section shall require	29023
the data maintained in the education management information system	29024
to include at least the following:	29025

(1) Student participation and performance data, for each	29026
grade in each school district as a whole and for each grade in	29027
each school building in each school district, that includes:	29028

(a) The numbers of students receiving each category of	29029
instructional service offered by the school district, such as	29030
regular education instruction, vocational education instruction,	29031
specialized instruction programs or enrichment instruction that is	29032
part of the educational curriculum, instruction for gifted	29033
students, instruction for students with disabilities, and	29034
remedial instruction. The guidelines shall require instructional	29035
services under this division to be divided into discrete	29036
categories if an instructional service is limited to a specific	29037
subject, a specific type of student, or both, such as regular	29038
instructional services in mathematics, remedial reading	29039
instructional services, instructional services specifically for	29040
students gifted in mathematics or some other subject area, or	29041
instructional services for students with a specific type of	29042
disability. The categories of instructional services required by	29043
the guidelines under this division shall be the same as the	29044
categories of instructional services used in determining cost	29045
units pursuant to division (C)(3) of this section.	29046

(b) The numbers of students receiving support or	29047
extracurricular services for each of the support services or	29048
extracurricular programs offered by the school district, such as	29049
counseling services, health services, and extracurricular sports	29050
and fine arts programs. The categories of services required by the	29051
guidelines under this division shall be the same as the categories	29052
of services used in determining cost units pursuant to division	29053
(C)(4)(a) of this section.	29054

(c) Average student grades in each subject in grades nine	29055
through twelve;	29056

(d) Academic achievement levels as assessed ~~by the testing of~~	29057
~~student achievement~~ under sections 3301.0710 ~~and~~, 3301.0711, and	29058
3301.0712 of the Revised Code;	29059

(e) The number of students designated as having a disabling	29060
condition pursuant to division (C)(1) of section 3301.0711 of the	29061
Revised Code;	29062

(f) The numbers of students reported to the state board	29063
pursuant to division (C)(2) of section 3301.0711 of the Revised	29064
Code;	29065

(g) Attendance rates and the average daily attendance for the	29066
year. For purposes of this division, a student shall be counted as	29067
present for any field trip that is approved by the school	29068
administration.	29069

(h) Expulsion rates;

29070

(i) Suspension rates;

29071

(j) ~~The percentage of students receiving corporal punishment;~~

29072

~~(k)~~ Dropout rates;

29073

~~(l)~~(k) Rates of retention in grade;

29074

~~(m)~~(l) For pupils in grades nine through twelve, the average	29075
number of carnegie units, as calculated in accordance with state	29076
board of education rules;	29077

~~(n)~~(m) Graduation rates, to be calculated in a manner	29078
specified by the department of education that reflects the rate at	29079
which students who were in the ninth grade three years prior to	29080
the current year complete school and that is consistent with	29081
nationally accepted reporting requirements;	29082

~~(o)~~(n) Results of diagnostic assessments administered to	29083
kindergarten students as required under section 3301.0715 of the	29084
Revised Code to permit a comparison of the academic readiness of	29085
kindergarten students. However, no district shall be required to	29086
report to the department the results of any diagnostic assessment	29087
administered to a kindergarten student if the parent of that	29088
student requests the district not to report those results.	29089

(o) Aggregate results of kindergarten and first grade	29090
hearing, vision, speech and communications, health and medical,	29091
and developmental screenings required under section 3313.673 of	29092
the Revised Code.	29093

(2) Personnel and classroom enrollment data for each school	29094
district, including:	29095

(a) The total numbers of licensed employees and nonlicensed	29096
employees and the numbers of full-time equivalent licensed	29097
employees and nonlicensed employees providing each category of	29098
instructional service, instructional support service, and	29099
administrative support service used pursuant to division (C)(3) of	29100
this section. The guidelines adopted under this section shall	29101
require these categories of data to be maintained for the school	29102
district as a whole and, wherever applicable, for each grade in	29103
the school district as a whole, for each school building as a	29104
whole, and for each grade in each school building.	29105

(b) The total number of employees and the number of full-time	29106
equivalent employees providing each category of service used	29107
pursuant to divisions (C)(4)(a) and (b) of this section, and the	29108
total numbers of licensed employees and nonlicensed employees and	29109
the numbers of full-time equivalent licensed employees and	29110
nonlicensed employees providing each category used pursuant to	29111
division (C)(4)(c) of this section. The guidelines adopted under	29112
this section shall require these categories of data to be	29113
maintained for the school district as a whole and, wherever	29114
applicable, for each grade in the school district as a whole, for	29115
each school building as a whole, and for each grade in each school	29116
building.	29117

(c) The total number of regular classroom teachers teaching	29118
classes of regular education and the average number of pupils	29119
enrolled in each such class, in each of grades kindergarten	29120
through five in the district as a whole and in each school	29121
building in the school district.	29122

(d) The number of ~~master~~lead teachers employed by each	29123
school district and each school building~~, once a definition of~~	29124
~~master teacher has been developed by the educator standards board~~	29125
~~pursuant to section 3319.61 of the Revised Code~~.	29126

(3)(a) Student demographic data for each school district,	29127
including information regarding the gender ratio of the school	29128
district's pupils, the racial make-up of the school district's	29129
pupils, the number of limited English proficient students in the	29130
district, and an appropriate measure of the number of the school	29131
district's pupils who reside in economically disadvantaged	29132
households. The demographic data shall be collected in a manner to	29133
allow correlation with data collected under division (B)(1) of	29134
this section. Categories for data collected pursuant to division	29135
(B)(3) of this section shall conform, where appropriate, to	29136
standard practices of agencies of the federal government.	29137

(b) With respect to each student entering kindergarten,	29138
whether the student previously participated in a public preschool	29139
program, a private preschool program, or a head start program, and	29140
the number of years the student participated in each of these	29141
programs.	29142

(4) Any data required to be collected pursuant to federal	29143
law.	29144

(C) The education management information system shall include	29145
cost accounting data for each district as a whole and for each	29146
school building in each school district. The guidelines adopted	29147
under this section shall require the cost data for each school	29148
district to be maintained in a system of mutually exclusive cost	29149
units and shall require all of the costs of each school district	29150
to be divided among the cost units. The guidelines shall require	29151
the system of mutually exclusive cost units to include at least	29152
the following:	29153

(1) Administrative costs for the school district as a whole.	29154
The guidelines shall require the cost units under this division	29155
(C)(1) to be designed so that each of them may be compiled and	29156
reported in terms of average expenditure per pupil in formula ADM	29157
in the school district, as determined pursuant to section 3317.03	29158
of the Revised Code.	29159

(2) Administrative costs for each school building in the	29160
school district. The guidelines shall require the cost units under	29161
this division (C)(2) to be designed so that each of them may be	29162
compiled and reported in terms of average expenditure per	29163
full-time equivalent pupil receiving instructional or support	29164
services in each building.	29165

(3) Instructional services costs for each category of	29166
instructional service provided directly to students and required	29167
by guidelines adopted pursuant to division (B)(1)(a) of this	29168
section. The guidelines shall require the cost units under	29169
division (C)(3) of this section to be designed so that each of	29170
them may be compiled and reported in terms of average expenditure	29171
per pupil receiving the service in the school district as a whole	29172
and average expenditure per pupil receiving the service in each	29173
building in the school district and in terms of a total cost for	29174
each category of service and, as a breakdown of the total cost, a	29175
cost for each of the following components:	29176

(a) The cost of each instructional services category required	29177
by guidelines adopted under division (B)(1)(a) of this section	29178
that is provided directly to students by a classroom teacher;	29179

(b) The cost of the instructional support services, such as	29180
services provided by a speech-language pathologist, classroom	29181
aide, multimedia aide, or librarian, provided directly to students	29182
in conjunction with each instructional services category;	29183

(c) The cost of the administrative support services related	29184
to each instructional services category, such as the cost of	29185
personnel that develop the curriculum for the instructional	29186
services category and the cost of personnel supervising or	29187
coordinating the delivery of the instructional services category.	29188

(4) Support or extracurricular services costs for each	29189
category of service directly provided to students and required by	29190
guidelines adopted pursuant to division (B)(1)(b) of this section.	29191
The guidelines shall require the cost units under division (C)(4)	29192
of this section to be designed so that each of them may be	29193
compiled and reported in terms of average expenditure per pupil	29194
receiving the service in the school district as a whole and	29195
average expenditure per pupil receiving the service in each	29196
building in the school district and in terms of a total cost for	29197
each category of service and, as a breakdown of the total cost, a	29198
cost for each of the following components:	29199

(a) The cost of each support or extracurricular services	29200
category required by guidelines adopted under division (B)(1)(b)	29201
of this section that is provided directly to students by a	29202
licensed employee, such as services provided by a guidance	29203
counselor or any services provided by a licensed employee under a	29204
supplemental contract;	29205

(b) The cost of each such services category provided directly	29206
to students by a nonlicensed employee, such as janitorial	29207
services, cafeteria services, or services of a sports trainer;	29208

(c) The cost of the administrative services related to each	29209
services category in division (C)(4)(a) or (b) of this section,	29210
such as the cost of any licensed or nonlicensed employees that	29211
develop, supervise, coordinate, or otherwise are involved in	29212
administering or aiding the delivery of each services category.	29213

(D)(1) The guidelines adopted under this section shall	29214
require school districts to collect information about individual	29215
students, staff members, or both in connection with any data	29216
required by division (B) or (C) of this section or other reporting	29217
requirements established in the Revised Code. The guidelines may	29218
also require school districts to report information about	29219
individual staff members in connection with any data required by	29220
division (B) or (C) of this section or other reporting	29221
requirements established in the Revised Code. The guidelines shall	29222
not authorize school districts to request social security numbers	29223
of individual students. The guidelines shall prohibit the	29224
reporting under this section of a student's name, address, and	29225
social security number to the state board of education or the	29226
department of education. The guidelines shall also prohibit the	29227
reporting under this section of any personally identifiable	29228
information about any student, except for the purpose of assigning	29229
the data verification code required by division (D)(2) of this	29230
section, to any other person unless such person is employed by the	29231
school district or the information technology center operated	29232
under section 3301.075 of the Revised Code and is authorized by	29233
the district or technology center to have access to such	29234
information or is employed by an entity with which the department	29235
contracts for the scoring of ~~tests~~assessments administered under	29236
section 3301.0711 ~~or 3301.0712~~ of the Revised Code. The	29237
guidelines may require school districts to provide the social	29238
security numbers of individual staff members.	29239

(2) The guidelines shall provide for each school district or	29240
community school to assign a data verification code that is unique	29241
on a statewide basis over time to each student whose initial Ohio	29242
enrollment is in that district or school and to report all	29243
required individual student data for that student utilizing such	29244
code. The guidelines shall also provide for assigning data	29245
verification codes to all students enrolled in districts or	29246
community schools on the effective date of the guidelines	29247
established under this section.	29248

Individual student data shall be reported to the department	29249
through the information technology centers utilizing the code but,	29250
except as provided in sections 3310.11, 3310.42, 3313.978, and	29251
3317.20 of the Revised Code, at no time shall the state board or	29252
the department have access to information that would enable any	29253
data verification code to be matched to personally identifiable	29254
student data.	29255

Each school district shall ensure that the data verification	29256
code is included in the student's records reported to any	29257
subsequent school district or community school in which the	29258
student enrolls. Any such subsequent district or school shall	29259
utilize the same identifier in its reporting of data under this	29260
section.	29261

The director of health shall request and receive, pursuant to	29262
sections 3301.0723 and 3701.62 of the Revised Code, a data	29263
verification code for a child who is receiving services under	29264
division (A)(2) of section 3701.61 of the Revised Code.	29265

(E) The guidelines adopted under this section may require	29266
school districts to collect and report data, information, or	29267
reports other than that described in divisions (A), (B), and (C)	29268
of this section for the purpose of complying with other reporting	29269
requirements established in the Revised Code. The other data,	29270
information, or reports may be maintained in the education	29271
management information system but are not required to be compiled	29272
as part of the profile formats required under division (G) of this	29273
section or the annual statewide report required under division (H)	29274
of this section.	29275

(F) Beginning with the school year that begins July 1, 1991,	29276
the board of education of each school district shall annually	29277
collect and report to the state board, in accordance with the	29278
guidelines established by the board, the data required pursuant to	29279
this section. A school district may collect and report these data	29280
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	29281

(G) The state board shall, in accordance with the procedures	29282
it adopts, annually compile the data reported by each school	29283
district pursuant to division (D) of this section. The state board	29284
shall design formats for profiling each school district as a whole	29285
and each school building within each district and shall compile	29286
the data in accordance with these formats. These profile formats	29287
shall:	29288

(1) Include all of the data gathered under this section in a	29289
manner that facilitates comparison among school districts and	29290
among school buildings within each school district;	29291

(2) Present the data on academic achievement levels as	29292
assessed by the testing of student achievement maintained pursuant	29293
to division (B)(1)(d) of this section.	29294

(H)(1) The state board shall, in accordance with the	29295
procedures it adopts, annually prepare a statewide report for all	29296
school districts and the general public that includes the profile	29297
of each of the school districts developed pursuant to division (G)	29298
of this section. Copies of the report shall be sent to each school	29299
district.	29300

(2) The state board shall, in accordance with the procedures	29301
it adopts, annually prepare an individual report for each school	29302
district and the general public that includes the profiles of each	29303
of the school buildings in that school district developed pursuant	29304
to division (G) of this section. Copies of the report shall be	29305
sent to the superintendent of the district and to each member of	29306
the district board of education.	29307

(3) Copies of the reports received from the state board under	29308
divisions (H)(1) and (2) of this section shall be made available	29309
to the general public at each school district's offices. Each	29310
district board of education shall make copies of each report	29311
available to any person upon request and payment of a reasonable	29312
fee for the cost of reproducing the report. The board shall	29313
annually publish in a newspaper of general circulation in the	29314
school district, at least twice during the two weeks prior to the	29315
week in which the reports will first be available, a notice	29316
containing the address where the reports are available and the	29317
date on which the reports will be available.	29318

(I) Any data that is collected or maintained pursuant to this	29319
section and that identifies an individual pupil is not a public	29320
record for the purposes of section 149.43 of the Revised Code.	29321

(J) As used in this section:

29322

(1) "School district" means any city, local, exempted	29323
village, or joint vocational school district and, in accordance	29324
with section 3314.17 of the Revised Code, any community school. As	29325
used in division (L) of this section, "school district" also	29326
includes any educational service center or other educational	29327
entity required to submit data using the system established under	29328
this section.	29329

(2) "Cost" means any expenditure for operating expenses made	29330
by a school district excluding any expenditures for debt	29331
retirement except for payments made to any commercial lending	29332
institution for any loan approved pursuant to section 3313.483 of	29333
the Revised Code.	29334

(K) Any person who removes data from the information system	29335
established under this section for the purpose of releasing it to	29336
any person not entitled under law to have access to such	29337
information is subject to section 2913.42 of the Revised Code	29338
prohibiting tampering with data.	29339

(L)(1) In accordance with division (L)(2) of this section and	29340
the rules adopted under division (L)(10) of this section, the	29341
department of education may sanction any school district that	29342
reports incomplete or inaccurate data, reports data that does not	29343
conform to data requirements and descriptions published by the	29344
department, fails to report data in a timely manner, or otherwise	29345
does not make a good faith effort to report data as required by	29346
this section.	29347

(2) If the department decides to sanction a school district	29348
under this division, the department shall take the following	29349
sequential actions:	29350

(a) Notify the district in writing that the department has	29351
determined that data has not been reported as required under this	29352
section and require the district to review its data submission and	29353
submit corrected data by a deadline established by the department.	29354
The department also may require the district to develop a	29355
corrective action plan, which shall include provisions for the	29356
district to provide mandatory staff training on data reporting	29357
procedures.	29358

(b) Withhold up to ten per cent of the total amount of state	29359
funds due to the district for the current fiscal year and, if not	29360
previously required under division (L)(2)(a) of this section,	29361
require the district to develop a corrective action plan in	29362
accordance with that division;	29363

(c) Withhold an additional amount of up to twenty per cent of	29364
the total amount of state funds due to the district for the	29365
current fiscal year;	29366

(d) Direct department staff or an outside entity to	29367
investigate the district's data reporting practices and make	29368
recommendations for subsequent actions. The recommendations may	29369
include one or more of the following actions:	29370

(i) Arrange for an audit of the district's data reporting	29371
practices by department staff or an outside entity;	29372

(ii) Conduct a site visit and evaluation of the district;

29373

(iii) Withhold an additional amount of up to thirty per cent	29374
of the total amount of state funds due to the district for the	29375
current fiscal year;	29376

(iv) Continue monitoring the district's data reporting;

29377

(v) Assign department staff to supervise the district's data	29378
management system;	29379

(vi) Conduct an investigation to determine whether to suspend	29380
or revoke the license of any district employee in accordance with	29381
division (N) of this section;	29382

(vii) If the district is issued a report card under section	29383
3302.03 of the Revised Code, indicate on the report card that the	29384
district has been sanctioned for failing to report data as	29385
required by this section;	29386

(viii) If the district is issued a report card under section	29387
3302.03 of the Revised Code and incomplete or inaccurate data	29388
submitted by the district likely caused the district to receive a	29389
higher performance rating than it deserved under that section,	29390
issue a revised report card for the district;	29391

(ix) Any other action designed to correct the district's data	29392
reporting problems.	29393

(3) Any time the department takes an action against a school	29394
district under division (L)(2) of this section, the department	29395
shall make a report of the circumstances that prompted the action.	29396
The department shall send a copy of the report to the district	29397
superintendent or chief administrator and maintain a copy of the	29398
report in its files.	29399

(4) If any action taken under division (L)(2) of this section	29400
resolves a school district's data reporting problems to the	29401
department's satisfaction, the department shall not take any	29402
further actions described by that division. If the department	29403
withheld funds from the district under that division, the	29404
department may release those funds to the district, except that if	29405
the department withheld funding under division (L)(2)(c) of this	29406
section, the department shall not release the funds withheld under	29407
division (L)(2)(b) of this section and, if the department withheld	29408
funding under division (L)(2)(d) of this section, the department	29409
shall not release the funds withheld under division (L)(2)(b) or	29410
(c) of this section.	29411

(5) Notwithstanding anything in this section to the contrary,	29412
the department may use its own staff or an outside entity to	29413
conduct an audit of a school district's data reporting practices	29414
any time the department has reason to believe the district has not	29415
made a good faith effort to report data as required by this	29416
section. If any audit conducted by an outside entity under	29417
division (L)(2)(d)(i) or (5) of this section confirms that a	29418
district has not made a good faith effort to report data as	29419
required by this section, the district shall reimburse the	29420
department for the full cost of the audit. The department may	29421
withhold state funds due to the district for this purpose.	29422

(6) Prior to issuing a revised report card for a school	29423
district under division (L)(2)(d)(viii) of this section, the	29424
department may hold a hearing to provide the district with an	29425
opportunity to demonstrate that it made a good faith effort to	29426
report data as required by this section. The hearing shall be	29427
conducted by a referee appointed by the department. Based on the	29428
information provided in the hearing, the referee shall recommend	29429
whether the department should issue a revised report card for the	29430
district. If the referee affirms the department's contention that	29431
the district did not make a good faith effort to report data as	29432
required by this section, the district shall bear the full cost of	29433
conducting the hearing and of issuing any revised report card.	29434

(7) If the department determines that any inaccurate data	29435
reported under this section caused a school district to receive	29436
excess state funds in any fiscal year, the district shall	29437
reimburse the department an amount equal to the excess funds, in	29438
accordance with a payment schedule determined by the department.	29439
The department may withhold state funds due to the district for	29440
this purpose.	29441

(8) Any school district that has funds withheld under	29442
division (L)(2) of this section may appeal the withholding in	29443
accordance with Chapter 119. of the Revised Code.	29444

(9) In all cases of a disagreement between the department and	29445
a school district regarding the appropriateness of an action taken	29446
under division (L)(2) of this section, the burden of proof shall	29447
be on the district to demonstrate that it made a good faith effort	29448
to report data as required by this section.	29449

(10) The state board of education shall adopt rules under	29450
Chapter 119. of the Revised Code to implement division (L) of this	29451
section.	29452

(M) No information technology center or school district shall	29453
acquire, change, or update its student administration software	29454
package to manage and report data required to be reported to the	29455
department unless it converts to a student software package that	29456
is certified by the department.	29457

(N) The state board of education, in accordance with sections	29458
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	29459
license as defined under division (A) of section 3319.31 of the	29460
Revised Code that has been issued to any school district employee	29461
found to have willfully reported erroneous, inaccurate, or	29462
incomplete data to the education management information system.	29463

(O) No person shall release or maintain any information about	29464
any student in violation of this section. Whoever violates this	29465
division is guilty of a misdemeanor of the fourth degree.	29466

(P) The department shall disaggregate the data collected	29467
under division (B)(1)~~(o)~~(n) of this section according to the race	29468
and socioeconomic status of the students assessed. No data	29469
collected under that division shall be included on the report	29470
cards required by section 3302.03 of the Revised Code.	29471

(Q) If the department cannot compile any of the information	29472
required by division (C)(5) of section 3302.03 of the Revised Code	29473
based upon the data collected under this section, the department	29474
shall develop a plan and a reasonable timeline for the collection	29475
of any data necessary to comply with that division.	29476

Sec. 3301.0715. (A) Except as provided in division (E) of	29477
this section, the board of education of each city, local, and	29478
exempted village school district shall administer each applicable	29479
diagnostic assessment developed and provided to the district in	29480
accordance with section 3301.079 of the Revised Code to the	29481
following:	29482

(1) Each student enrolled in a building that has failed to	29483
make adequate yearly progress for two or more consecutive school	29484
years;	29485

(2) Any student who transfers into the district or to a	29486
different school within the district if each applicable diagnostic	29487
assessment was not administered by the district or school the	29488
student previously attended in the current school year, within	29489
thirty days after the date of transfer. If the district or school	29490
into which the student transfers cannot determine whether the	29491
student has taken any applicable diagnostic assessment in the	29492
current school year, the district or school may administer the	29493
diagnostic assessment to the student.	29494

(3) Each kindergarten student, not earlier than four weeks	29495
prior to the first day of school and not later than the first day	29496
of October. For the purpose of division (A)(3) of this section,	29497
the district shall administer the kindergarten readiness	29498
assessment provided by the department of education. In no case	29499
shall the results of the readiness assessment be used to prohibit	29500
a student from enrolling in kindergarten.	29501

(4) Each student enrolled in first or second grade.

29502

(B) Each district board shall administer each diagnostic	29503
assessment as the board deems appropriate. However, the board	29504
shall administer any diagnostic assessment at least once annually	29505
to all students in the appropriate grade level. A district board	29506
may administer any diagnostic assessment in the fall and spring of	29507
a school year to measure the amount of academic growth	29508
attributable to the instruction received by students during that	29509
school year.	29510

(C) Each district board shall utilize and score any	29511
diagnostic assessment administered under division (A) of this	29512
section in accordance with rules established by the department.	29513
Except as required by division (B)(1)~~(o)~~(n) of section 3301.0714	29514
of the Revised Code, neither the state board of education nor the	29515
department shall require school districts to report the results of	29516
diagnostic assessments for any students to the department or to	29517
make any such results available in any form to the public. After	29518
the administration of any diagnostic assessment, each district	29519
shall provide a student's completed diagnostic assessment, the	29520
results of such assessment, and any other accompanying documents	29521
used during the administration of the assessment to the parent of	29522
that student upon the parent's request.	29523

(D) Each district board shall provide intervention services	29524
to students whose diagnostic assessments show that they are	29525
failing to make satisfactory progress toward attaining the	29526
academic standards for their grade level.	29527

(E) Any district that made adequate yearly progress in the	29528
immediately preceding school year may assess student progress in	29529
grades one through three using a diagnostic assessment other than	29530
the diagnostic assessment required by division (A) of this	29531
section.	29532

(F) A district board may administer the third grade ~~writing~~	29533
English language arts diagnostic assessment provided to the	29534
district in accordance with section 3301.079 of the Revised Code	29535
to any student enrolled in a building that is not subject to	29536
division (A)(1) of this section. Any district electing to	29537
administer the diagnostic assessment to students under this	29538
division shall provide intervention services to any such student	29539
whose diagnostic assessment shows unsatisfactory progress toward	29540
attaining the academic standards for the student's grade level.	29541

(G) As used in this section, "adequate yearly progress" has	29542
the same meaning as in section 3302.01 of the Revised Code.	29543

Sec. 3301.0716. Notwithstanding division (D) of section	29544
3301.0714 of the Revised Code, the department of education may	29545
have access to personally identifiable information about any	29546
student under the following circumstances:	29547

(A) An entity with which the department contracts for the	29548
scoring of ~~tests~~assessments administered under section 3301.0711	29549
or 3301.0712 of the Revised Code has notified the department that	29550
the student's written response to a question on ~~such a test~~an	29551
assessment included threats or descriptions of harm to another	29552
person or the student's self and the information is necessary to	29553
enable the department to identify the student for purposes of	29554
notifying the school district or school in which the student is	29555
enrolled of the potential for harm.	29556

(B) The department requests the information to respond to an	29557
appeal from a school district or school for verification of the	29558
accuracy of the student's score on ~~a test~~an assessment	29559
administered under section 3301.0711 or 3301.0712 of the Revised	29560
Code.	29561

(C) The department requests the information to determine	29562
whether the student satisfies the alternative conditions for a	29563
high school diploma prescribed in section 3313.615 of the Revised	29564
Code.	29565

Sec. 3301.12. (A) The superintendent of public instruction	29566
in addition to the authority otherwise imposed on the	29567
superintendent, shall perform the following duties:	29568

(1) The superintendent shall provide technical and	29569
professional assistance and advice to all school districts in	29570
reference to all aspects of education, including finance,	29571
buildings and equipment, administration, organization of school	29572
districts, curriculum and instruction, transportation of pupils,	29573
personnel problems, and the interpretation of school laws and	29574
state regulations.	29575

(2) The superintendent shall prescribe and require the	29576
preparation and filing of such financial and other reports from	29577
school districts, officers, and employees as are necessary or	29578
proper. The superintendent shall prescribe and require the	29579
installation by school districts of such standardized reporting	29580
forms and accounting procedures as are essential to the	29581
businesslike operations of the public schools of the state.	29582

(3) The superintendent shall conduct such studies and	29583
research projects as are necessary or desirable for the	29584
improvement of public school education in Ohio, and such as may be	29585
assigned to the superintendent by the state board of education.	29586
Such studies and projects may include analysis of data contained	29587
in the education management information system established under	29588
section 3301.0714 of the Revised Code. For any study or project	29589
that requires the analysis of individual student data, the	29590
department of education or any entity with which the	29591
superintendent or department contracts to conduct the study or	29592
project shall maintain the confidentiality of student data at all	29593
times. For this purpose, the department or contracting entity	29594
shall use the data verification code assigned pursuant to division	29595
(D)(2) of section 3301.0714 of the Revised Code for each student	29596
whose data is analyzed. Except as otherwise provided in division	29597
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	29598
the superintendent, the department, the state board of education,	29599
or any entity conducting a study or research project on the	29600
superintendent's behalf have access to a student's name, address,	29601
or social security number while analyzing individual student data.	29602

(4) The superintendent shall prepare and submit annually to	29603
the state board of education a report of the activities of the	29604
department of education and the status, problems, and needs of	29605
education in the state of Ohio.	29606

(5) The superintendent shall supervise all agencies over	29607
which the board exercises administrative control, including	29608
schools for education of persons with disabilities.	29609

(6) In accordance with section 3333.048 of the Revised Code,	29610
the superintendent, jointly with the chancellor of the Ohio board	29611
of regents, shall establish metrics and courses of study for	29612
institutions of higher education that prepare educators and other	29613
school personnel and shall provide for inspection of those	29614
institutions.	29615

(B) The superintendent of public instruction may annually	29616
inspect and analyze the expenditures of each school district and	29617
make a determination as to the efficiency of each district's	29618
costs, relative to other school districts in the state, for	29619
instructional, administrative, and student support services. The	29620
superintendent shall notify each school district as to the nature	29621
of, and reasons for, the determination. The state board of	29622
education shall adopt rules in accordance with Chapter 119. of the	29623
Revised Code setting forth the procedures and standards for the	29624
performance of the inspection and analysis.	29625

Sec. 3301.122. Not later than December 1, 2009, the	29626
superintendent of public instruction, in consultation with the	29627
chancellor of the Ohio board of regents, shall develop a ten-year	29628
strategic plan aligned with the strategic plan for higher	29629
education developed by the chancellor under division (D) of	29630
Section 375.30.25 of Am. Sub. H.B. 119 of the 127th general	29631
assembly. The superintendent shall submit the plan to the general	29632
assembly, in accordance with section 101.68 of the Revised Code,	29633
and to the governor. The plan shall include recommendations for:	29634

(A) A framework for collaborative, professional, innovative,	29635
and thinking twenty-first century learning environments;	29636

(B) Ways to prepare and support Ohio's educators for	29637
successful instructional careers;	29638

(C) Enhancement of the current financial and resource	29639
management accountability systems;	29640

(D) Implementation of an effective school funding system	29641
according to the principles, mandates, and guidance established in	29642
Chapter 3306. of the Revised Code.	29643

Sec. 3301.16. Pursuant to standards prescribed by the state	29644
board of education as provided in division (D) of section 3301.07	29645
of the Revised Code, the state board shall classify and charter	29646
school districts and individual schools within each district	29647
except that no charter shall be granted to a nonpublic school	29648
unless ~~pursuant to division (K) of section 3301.0711 of the~~	29649
~~Revised Code~~ the school ~~elects to administer the tests prescribed~~	29650
~~by division (B) of~~complies with section ~~3301.0710~~3313.612 of the	29651
Revised Code ~~beginning July 1, 1995~~.	29652

In the course of considering the charter of a new school	29653
district created under section 3311.26 or 3311.38 of the Revised	29654
Code, the state board shall require the party proposing creation	29655
of the district to submit to the board a map, certified by the	29656
county auditor of the county in which the proposed new district is	29657
located, showing the boundaries of the proposed new district. In	29658
the case of a proposed new district located in more than one	29659
county, the map shall be certified by the county auditor of each	29660
county in which the proposed district is located.	29661

The state board shall revoke the charter of any school	29662
district or school which fails to meet the standards for	29663
elementary and high schools as prescribed by the board. The state	29664
board shall also revoke the charter of any nonpublic school that	29665
does not comply with section 3313.612 of the Revised Code ~~or, on~~	29666
~~or after July 1, 1995, does not participate in the testing program~~	29667
~~prescribed by division (B) of section 3301.0710 of the Revised~~	29668
~~Code~~.	29669

In the issuance and revocation of school district or school	29670
charters, the state board shall be governed by the provisions of	29671
Chapter 119. of the Revised Code.	29672

No school district, or individual school operated by a school	29673
district, shall operate without a charter issued by the state	29674
board under this section.	29675

In case a school district charter is revoked pursuant to this	29676
section, the state board may dissolve the school district and	29677
transfer its territory to one or more adjacent districts. An	29678
equitable division of the funds, property, and indebtedness of the	29679
school district shall be made by the state board among the	29680
receiving districts. The board of education of a receiving	29681
district shall accept such territory pursuant to the order of the	29682
state board. Prior to dissolving the school district, the state	29683
board shall notify the appropriate educational service center	29684
governing board and all adjacent school district boards of	29685
education of its intention to do so. Boards so notified may make	29686
recommendations to the state board regarding the proposed	29687
dissolution and subsequent transfer of territory. Except as	29688
provided in section 3301.161 of the Revised Code, the transfer	29689
ordered by the state board shall become effective on the date	29690
specified by the state board, but the date shall be at least	29691
thirty days following the date of issuance of the order.	29692

A high school is one of higher grade than an elementary	29693
school, in which instruction and training are given in accordance	29694
with sections 3301.07 and 3313.60 of the Revised Code and which	29695
also offers other subjects of study more advanced than those	29696
taught in the elementary schools and such other subjects as may be	29697
approved by the state board of education.	29698

An elementary school is one in which instruction and training	29699
are given in accordance with sections 3301.07 and 3313.60 of the	29700
Revised Code and which offers such other subjects as may be	29701
approved by the state board of education. In districts wherein a	29702
junior high school is maintained, the elementary schools in that	29703
district may be considered to include only the work of the first	29704
six school years inclusive, plus the kindergarten year.	29705

A high school or an elementary school may consist of less	29706
than one or more than one organizational unit, as defined in	29707
sections 3306.02 and 3306.04 of the Revised Code.	29708

Sec. 3301.42. The partnership for continued learning shall	29709
promote systemic approaches to education by supporting regional	29710
efforts to foster collaboration among providers of preschool	29711
through postsecondary education, identifying the workforce needs	29712
of private sector employers in the state, and making	29713
recommendations for facilitating collaboration among providers of	29714
preschool through postsecondary education and for maintaining a	29715
high-quality workforce in the state. Copies of the recommendations	29716
shall be provided to the governor, the president and minority	29717
leader of the senate, the speaker and minority leader of the house	29718
of representatives, the chairpersons and ranking minority members	29719
of the standing committees of the senate and the house of	29720
representatives that consider education legislation, the	29721
~~chairperson~~chancellor of the Ohio board of regents, and the	29722
president of the state board of education. The recommendations	29723
shall address at least the following issues:	29724

(A) Expansion of access to preschool and other learning	29725
opportunities for children under five years old;	29726

(B) Increasing opportunities for students to earn credit	29727
toward a degree from an institution of higher education while	29728
enrolled in high school, including expanded opportunities for	29729
students to earn that credit on their high school campuses; a	29730
definition of "in good standing" for purposes of section 3313.6013	29731
of the Revised Code; and legislative changes that the partnership,	29732
in consultation with the Ohio board of regents and the state board	29733
of education, determines would improve the operation of the	29734
post-secondary enrollment options program established under	29735
Chapter 3365. of the Revised Code and other dual enrollment	29736
programs. The recommendations for legislative changes required by	29737
this division shall be issued not later than May 31, 2007.	29738

(C) Expansion of access to workforce development programs	29739
administered by school districts, institutions of higher	29740
education, and other providers of career-technical education;	29741

(D) Alignment of the statewide academic standards for grades	29742
nine through twelve adopted under section 3301.079 of the Revised	29743
Code, the Ohio graduation tests prescribed by division (B)(1) of	29744
section 3301.0710 of the Revised Code and the assessment system	29745
prescribed by division (B)(2) of that section, and the curriculum	29746
requirements for a high school diploma prescribed by section	29747
3313.603 of the Revised Code with the expectations of employers	29748
and institutions of higher education regarding the knowledge and	29749
skills that high school graduates should attain prior to entering	29750
the workforce or enrolling in an institution of higher education;	29751

(E) Improving the science and mathematics skills of students	29752
and employees to meet the needs of a knowledge-intensive economy;	29753

(F) Reducing the number of students who need academic	29754
remediation after enrollment in an institution of higher	29755
education;	29756

(G) Expansion of school counseling career and educational	29757
programs, access programs, and other strategies to overcome	29758
financial, cultural, and organizational barriers that interfere	29759
with students' planning for postsecondary education and that	29760
prevent students from obtaining a postsecondary education;	29761

(H) Alignment of teacher preparation programs approved by the	29762
~~state board of education~~chancellor of the Ohio board of regents	29763
pursuant to section ~~3319.23~~3333.048 of the Revised Code with the	29764
instructional needs and expectations of school districts;	29765

(I) Strategies for retaining more graduates of Ohio	29766
institutions of higher education in the state and for attracting	29767
talented individuals from outside Ohio to work in the state;	29768

(J) Strategies for promoting lifelong continuing education as	29769
a component of maintaining a strong workforce and economy;	29770

(K) Appropriate measures of the impact of statewide efforts	29771
to promote collaboration among providers of preschool through	29772
postsecondary education and to develop a high-quality workforce	29773
and strategies for collecting and sharing data relevant to such	29774
measures;	29775

(L) Strategies for developing and improving opportunities and	29776
for removing barriers to achievement for children identified as	29777
gifted under Chapter 3324. of the Revised Code;	29778

(M) Legislative changes to establish criteria by which state	29779
universities may waive the general requirement, under division (B)	29780
of section 3345.06 of the Revised Code, that a student complete	29781
the Ohio core curriculum to be admitted as an undergraduate. The	29782
partnership at least shall consider criteria for waiving the	29783
requirement for students who have served in the military and	29784
students who entered ninth grade on or after July 1, 2010, in	29785
another state and moved to Ohio prior to high school graduation.	29786
The recommendations for legislative changes under this division	29787
shall be developed in consultation with the Ohio board of regents	29788
and shall be issued not later than July 1, 2007.	29789

Sec. 3301.55. (A) A school district, county MR/DD board, or	29790
eligible nonpublic school operating a preschool program shall	29791
house the program in buildings that meet the following	29792
requirements:	29793

(1) The building is operated by the district, county MR/DD	29794
board, or eligible nonpublic school and has been approved by the	29795
division of ~~industrial compliance~~labor in the department of	29796
commerce or a certified municipal, township, or county building	29797
department for the purpose of operating a program for preschool	29798
children. Any such structure shall be constructed, equipped,	29799
repaired, altered, and maintained in accordance with applicable	29800
provisions of Chapters 3781. and 3791. and with rules adopted by	29801
the board of building standards under Chapter 3781. of the Revised	29802
Code for the safety and sanitation of structures erected for this	29803
purpose.	29804

(2) The building is in compliance with fire and safety laws	29805
and regulations as evidenced by reports of annual school fire and	29806
safety inspections as conducted by appropriate local authorities.	29807

(3) The school is in compliance with rules established by the	29808
state board of education regarding school food services.	29809

(4) The facility includes not less than thirty-five square	29810
feet of indoor space for each child in the program. Safe play	29811
space, including both indoor and outdoor play space, totaling not	29812
less than sixty square feet for each child using the space at any	29813
one time, shall be regularly available and scheduled for use.	29814

(5) First aid facilities and space for temporary placement or	29815
isolation of injured or ill children are provided.	29816

(B) Each school district, county MR/DD board, or eligible	29817
nonpublic school that operates, or proposes to operate, a	29818
preschool program shall submit a building plan including all	29819
information specified by the state board of education to the board	29820
not later than the first day of September of the school year in	29821
which the program is to be initiated. The board shall determine	29822
whether the buildings meet the requirements of this section and	29823
section 3301.53 of the Revised Code, and notify the superintendent	29824
of its determination. If the board determines, on the basis of the	29825
building plan or any other information, that the buildings do not	29826
meet those requirements, it shall cause the buildings to be	29827
inspected by the department of education. The department shall	29828
make a report to the superintendent specifying any aspects of the	29829
building that are not in compliance with the requirements of this	29830
section and section 3301.53 of the Revised Code and the time	29831
period that will be allowed the district, county MR/DD board, or	29832
school to meet the requirements.	29833

Sec. 3301.68. There is hereby ~~created~~re-established the	29834
legislative committee on education oversight as a subcommittee of	29835
the legislative service commission. The committee shall consist of	29836
five members of the house of representatives appointed by the	29837
speaker of the house of representatives and five members of the	29838
senate appointed by the president of the senate. Not more than	29839
three of the members appointed from each house shall be members of	29840
the same political party. Members shall serve during the term of	29841
office to which they were elected.	29842

The committee, subject to the oversight and direction of the	29843
legislative service commission, shall direct the work of the	29844
legislative office of education oversight, which is hereby	29845
~~established~~re-established. The committee may employ a staff	29846
director and such other staff as are necessary for the operation	29847
of the office, who shall be in the unclassified service of the	29848
state, and may contract for the services of whatever technical	29849
advisors are necessary for the committee and the office to carry	29850
out their duties.	29851

The chairperson and vice-chairperson of the legislative	29852
service commission shall fix the compensation of the director. The	29853
director, with the approval of the director of the legislative	29854
service commission, shall fix the compensation of other staff of	29855
the office in accordance with a salary schedule established by the	29856
director of the legislative service commission. Contracts for the	29857
services of necessary technical advisors shall be approved by the	29858
director of the legislative service commission.	29859

All expenses incurred by the committee or office shall be	29860
paid upon vouchers approved by the chairperson of the committee.	29861
The committee shall adopt rules for the conduct of its business	29862
and the election of officers, except that the office of	29863
chairperson of the committee shall alternate each general assembly	29864
between a member of the house of representatives selected by the	29865
speaker and a member of the senate selected by the president.	29866

The committee shall select, for the office to review and	29867
evaluate, education and school-related programs that receive state	29868
financial assistance in any form. The reviews and evaluations may	29869
include any of the following:	29870

(A) Assessment of the uses school districts and institutions	29871
of higher education make of state money they receive and	29872
determination of the extent to which such money improves school	29873
district or institutional performance in the areas for which the	29874
money was intended to be used;	29875

(B) Determination of whether an education program meets its	29876
intended goals, has adequate operating or administrative	29877
procedures and fiscal controls, encompasses only authorized	29878
activities, has any undesirable or unintended effects, and is	29879
efficiently managed;	29880

(C) Examination of various pilot programs developed and	29881
initiated in school districts and at state-assisted colleges and	29882
universities to determine whether such programs suggest	29883
innovative, effective ways to deal with problems that may exist in	29884
other school districts or state-assisted colleges or universities,	29885
and to assess the fiscal costs and likely impact of adopting such	29886
programs throughout the state or in other state-assisted colleges	29887
and universities.	29888

The committee shall report the results of each program review	29889
the office conducts to the general assembly.	29890

If the general assembly directs the legislative office of	29891
education oversight to submit a study to the general assembly by a	29892
particular date, the committee, upon a majority vote of its	29893
members, may modify the scope and due date of the study to	29894
accommodate the availability of data and resources.	29895

Sec. 3301.80. The office of school resource management is	29896
hereby established within the department of education. The office	29897
shall assist school districts, community schools established under	29898
Chapter 3314. of the Revised Code, and STEM schools established	29899
under Chapter 3326. of the Revised Code in improving the	29900
efficiency of their educational and operational systems by using	29901
data and best practices to redirect resources to classroom	29902
practices that research has shown to contribute to student	29903
academic success.	29904

The office shall do all of the following:

29905

(A) In consultation with the auditor of state and the	29906
director of budget and management, determine the fiscal data to	29907
be included on the funding and expenditure accountability reports	29908
required under division (C) of section 3302.031 of the Revised	29909
Code. The office may consult with fiscal officers of school	29910
districts and public schools and may use data collected from the	29911
department's work with school districts on resource allocation,	29912
conducted pursuant to Section 269.10.60 of Am. Sub. H.B. 119 of	29913
the 127th general assembly, in making its determination.	29914

(B) Collaborate with the auditor of state to establish the	29915
metrics for the performance reviews conducted under section	29916
3306.32 of the Revised Code and to periodically publish best	29917
practices for improved operational efficiency, as identified in	29918
the performance reviews;	29919

(C) Ensure that school districts, community schools, and STEM	29920
schools act in a timely manner to develop plans for implementation	29921
of the recommendations made in the performance reviews conducted	29922
under section 3306.32 of the Revised Code;	29923

(D) Provide staff assistance to the Ohio school funding	29924
research advisory council;	29925

(E) Conduct assessments and evaluations as directed by the	29926
superintendent of public instruction.	29927

Sec. 3301.81. The office of urban and rural student success	29928
is hereby created within the department of education. The office	29929
shall do all of the following:	29930

(A) Develop system redesign and improvement strategies for	29931
urban and rural school districts;	29932

(B) Provide school districts with recommendations and	29933
strategies to improve the academic success of students from	29934
economically disadvantaged areas;	29935

(C) Provide school districts with recommendations and	29936
strategies to address nonacademic barriers, including social,	29937
emotional, physical, and psychological barriers, facing students	29938
from economically disadvantaged areas;	29939

(D) Work with the university system of Ohio institutions,	29940
private institutions of higher education, and national and	29941
international experts when implementing its duties under divisions	29942
(A) to (C) of this section;	29943

(E) Provide other assistance and support to meet the unique	29944
needs of urban and rural school districts, as directed by the	29945
superintendent of public instruction.	29946

Sec. 3301.82. (A) The center for creativity and innovation is	29947
hereby created in the department of education. The center shall	29948
assist schools in city, exempted village, local, and joint	29949
vocational school districts, educational service centers,	29950
community schools established under Chapter 3314. of the Revised	29951
Code, and STEM schools established under Chapter 3326. of the	29952
Revised Code in any of the following:	29953

(1) The design and implementation of strategies and systems	29954
that enable schools to become professional learning communities,	29955
including the following:	29956

(a) Mentoring and coaching teachers and support staff;

29957

(b) Enabling school principals to focus on supporting	29958
instruction and engaging teachers and support staff as part of the	29959
instructional leadership team so that teachers and staff may share	29960
the responsibility for making and implementing school decisions;	29961

(c) Adopting new models for restructuring the learning day or	29962
year, such as including teacher planning and collaboration time as	29963
part of the school day;	29964

(d) Creating smaller schools or smaller units within larger	29965
schools to facilitate teacher collaboration to improve and advance	29966
the professional practice of teaching and to enhance instruction	29967
that yields enhanced student achievement.	29968

(2) The use of strategies in collaboration with the teach	29969
Ohio program to promote, recruit, and enhance the teaching	29970
profession, including:	29971

(a) The design and implementation of "grow your own"	29972
recruitment and retention strategies that are designed to support	29973
individuals in becoming licensed teachers, to retain highly	29974
qualified teachers, to assist experienced teachers in obtaining	29975
licensure in subject areas for which there is need, to assist	29976
teachers in obtaining senior professional educator and lead	29977
professional educator licenses, and to assist teachers to grow and	29978
develop in the profession;	29979

(b) Enhanced conditions for new teachers;

29980

(c) Incentives to attract qualified mathematics, science, or	29981
special education teachers;	29982

(d) The development and implementation of a partnership with	29983
teacher preparation programs at colleges and universities to help	29984
attract teachers qualified to teach in shortage areas;	29985

(e) The implementation of a program to increase the cultural	29986
competency of both new and veteran teachers.	29987

(3) Identifying statutes, rules, and regulations that impede	29988
the adoption of innovative practices and make recommendations to	29989
the superintendent of public instruction for the repeal,	29990
rescission, revision, or waiver of those provisions;	29991

(4) Identifying promising programs and practices based on	29992
high quality education research and developing models for their	29993
early adoption, including research and practices in arts education	29994
and creativity;	29995

(5) Other duties as assigned by the superintendent of public	29996
instruction.	29997

(B) The center shall provide staff assistance to the Ohio	29998
school funding research advisory council.	29999

(C) The center shall promote collaboration between school	30000
districts and community schools established under Chapter 3314. of	30001
the Revised Code to enhance the academic programs of both and to	30002
broaden the application of successful and innovative academic	30003
practices developed by community schools. In doing so, the center	30004
shall work with the office of community schools to do the	30005
following:	30006

(1) Study, gather information concerning, and serve as a	30007
clearinghouse of best practices and innovative programming	30008
developed and utilized by community schools that could be adopted	30009
by school districts;	30010

(2) Identify circumstances in which students could benefit	30011
from collaboration between the complementary programs of school	30012
districts and community schools.	30013

(D) The department may accept, receive, and expend gifts,	30014
devises, or bequests of money, lands, or other properties for the	30015
center for creativity and innovation. The state board of education	30016
may adopt rules for the purpose of enabling the center to carry	30017
out the conditions and limitations upon which a bequest, gift, or	30018
endowment is made.	30019

Sec. 3301.83. (A) The department of education shall conduct	30020
an on-site visit of each school operated by a school district at	30021
least every five years to evaluate the school's operations.	30022
During each visit, the department shall do all of the following:	30023

(1) Determine if the school has complied with the operating	30024
standards prescribed by the state board of education under	30025
division (D)(3) of section 3301.07 of the Revised Code;	30026

(2) Determine if the school has complied with all laws	30027
regarding academic and fiscal accountability and with all other	30028
applicable laws and administrative rules;	30029

(3) Review the school's progress in implementing a continuous	30030
improvement plan developed under division (B) of section 3302.04	30031
of the Revised Code, if applicable.	30032

(B) Each on-site visit conducted under this section shall	30033
include school tours, classroom observations, and interviews with	30034
administrators, teachers, other school staff, parents, community	30035
members, or students.	30036

(C) Each school shall provide any data, documents, or other	30037
materials the department considers necessary to enable it to	30038
conduct a thorough on-site visit.	30039

(D) Upon completion of each on-site visit, the department	30040
shall issue a written report summarizing its findings. The	30041
department shall provide a copy of the report to the district	30042
board of education. The district board may submit factual	30043
corrections to the department by a deadline established by the	30044
department. Upon receipt of any factual corrections, the	30045
department shall revise the report and issue a final version. The	30046
department shall post the final version of the report on its web	30047
site. The district board also shall post the final version on the	30048
district's web site, if the district maintains a web site.	30049

(E) Any on-site visit required by this section may be	30050
conducted in conjunction with a site evaluation required under	30051
division (D) of section 3302.04 of the Revised Code.	30052

(F) The state board of education shall adopt rules to	30053
implement this section.	30054

Sec. 3301.90. The governor shall create the early childhood	30055
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and	30056
shall appoint one of its members to serve as chairperson of the	30057
council. The council shall serve as the state advisory council on	30058
early childhood education and care, as described in 42 U.S.C.	30059
9837b(b)(1). In addition to the duties specified in 42 U.S.C.	30060
9837b(b)(1), the council shall advise the state regarding the	30061
creation and duties of the center for early childhood	30062
development.	30063

Sec. 3302.01. As used in this chapter:

30064

(A) "Performance index score" means the average of the totals	30065
derived from calculations for each subject area of ~~reading,~~	30066
~~writing~~English language arts, mathematics, science, and social	30067
studies of the weighted proportion of untested students and	30068
students scoring at each level of skill described in division	30069
(A)(2) of section 3301.0710 of the Revised Code on the ~~tests~~	30070
assessments prescribed by divisions (A) and (B)(1) of that	30071
section. The department of education shall assign weights such	30072
that students who do not take ~~a test~~an assessment receive a	30073
weight of zero and students who take ~~a test~~an assessment receive	30074
progressively larger weights dependent upon the level of skill	30075
attained on the ~~test~~assessment. The department shall also	30076
determine the performance index score a school district or	30077
building needs to achieve for the purpose of the performance	30078
ratings assigned pursuant to section 3302.03 of the Revised Code.	30079

Students shall be included in the "performance index score"	30080
in accordance with division (D)(2) of section 3302.03 of the	30081
Revised Code.	30082

(B) "Subgroup" means a subset of the entire student	30083
population of the state, a school district, or a school building	30084
and includes each of the following:	30085

(1) Major racial and ethnic groups;

30086

(2) Students with disabilities;

30087

(3) Economically disadvantaged students;

30088

(4) Limited English proficient students.

30089

(C) "No Child Left Behind Act of 2001" includes the statutes	30090
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,	30091
rules and regulations promulgated pursuant to those statutes,	30092
guidance documents, and any other policy directives regarding	30093
implementation of that act issued by the United States department	30094
of education.	30095

(D) "Adequate yearly progress" means a measure of annual	30096
academic performance as calculated in accordance with the "No	30097
Child Left Behind Act of 2001."	30098

(E) "Supplemental educational services" means additional	30099
academic assistance, such as tutoring, remediation, or other	30100
educational enrichment activities, that is conducted outside of	30101
the regular school day by a provider approved by the department in	30102
accordance with the "No Child Left Behind Act of 2001."	30103

(F) "Value-added progress dimension" means a measure of	30104
academic gain for a student or group of students over a specific	30105
period of time that is calculated by applying a statistical	30106
methodology to individual student achievement data derived from	30107
the achievement ~~tests~~assessments prescribed by section 3301.0710	30108
of the Revised Code.	30109

Sec. 3302.02. ~~The~~Not later than one year after the adoption	30110
of rules under division (E) of section 3301.0712 of the Revised	30111
Code and at least every sixth year thereafter, upon	30112
recommendations of the superintendent of public instruction, the	30113
state board of education ~~annually through 2007, and every six~~	30114
~~years thereafter,~~ shall establish ~~at least seventeen~~ performance	30115
indicators for the report cards required by division (C) of	30116
section 3302.03 of the Revised Code. In establishing these	30117
indicators, the ~~state board~~superintendent shall consider	30118
inclusion of student performance on ~~any tests given~~assessments	30119
prescribed under section 3301.0710 or 3301.0712 of the Revised	30120
Code, rates of student improvement on such tests, student	30121
attendance, the breadth of coursework available within the	30122
district, and other indicators of student success. The ~~state board~~	30123
superintendent shall inform the Ohio accountability task force	30124
established under section 3302.021 of the Revised Code of the	30125
performance indicators itthe superintendent establishes under	30126
this section and the rationale for choosing each indicator and for	30127
determining how a school district or building meets that	30128
indicator.	30129

The ~~state board~~superintendent shall not establish any	30130
performance indicator for passage of the third or fourth grade	30131
~~reading test~~English language arts assessment that is solely based	30132
on the ~~test~~assessment given in the fall for the purpose of	30133
determining whether students have met the reading guarantee	30134
provisions of section 3313.608 of the Revised Code.	30135

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	30136
later than July 1, 2007, the department of education shall	30137
implement a value-added progress dimension for school districts	30138
and buildings and shall incorporate the value-added progress	30139
dimension into the report cards and performance ratings issued for	30140
districts and buildings under section 3302.03 of the Revised Code.	30141

The state board of education shall adopt rules, pursuant to	30142
Chapter 119. of the Revised Code, for the implementation of the	30143
value-added progress dimension. In adopting rules, the state board	30144
shall consult with the Ohio accountability task force established	30145
under division ~~(D)~~(E) of this section. The rules adopted under	30146
this division shall specify both of the following:	30147

(1) A scale for describing the levels of academic progress in	30148
reading and mathematics relative to a standard year of academic	30149
growth in those subjects for each of grades three through eight;	30150

(2) That the department shall maintain the confidentiality of	30151
individual student test scores and individual student reports in	30152
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	30153
Revised Code and federal law. The department may require school	30154
districts to use a unique identifier for each student for this	30155
purpose. Individual student test scores and individual student	30156
reports shall be made available only to a student's classroom	30157
teacher and other appropriate educational personnel and to the	30158
student's parent or guardian.	30159

(B) The department shall use a system designed for collecting	30160
necessary data, calculating the value-added progress dimension,	30161
analyzing data, and generating reports, which system has been used	30162
previously by a non-profit organization led by the Ohio business	30163
community for at least one year in the operation of a pilot	30164
program in cooperation with school districts to collect and report	30165
student achievement data via electronic means and to provide	30166
information to the districts regarding the academic performance of	30167
individual students, grade levels, school buildings, and the	30168
districts as a whole.	30169

(C) The department shall not pay more than two dollars per	30170
student for data analysis and reporting to implement the	30171
value-added progress dimension in the same manner and with the	30172
same services as under the pilot program described by division (B)	30173
of this section. However, nothing in this section shall preclude	30174
the department or any school district from entering into a	30175
contract for the provision of more services at a higher fee per	30176
student. Any data analysis conducted under this section by an	30177
entity under contract with the department shall be completed in	30178
accordance with timelines established by the superintendent of	30179
public instruction.	30180

(D) The department shall share any aggregate student data and	30181
any calculation, analysis, or report utilizing aggregate student	30182
data that is generated under this section with the chancellor of	30183
the Ohio board of regents. The department shall not share	30184
individual student test scores and individual student reports with	30185
the chancellor.	30186

(E)(1) There is hereby established the Ohio accountability	30187
task force. The task force shall consist of the following thirteen	30188
members:	30189

(a) The chairpersons and ranking minority members of the	30190
house of representatives and senate standing committees primarily	30191
responsible for education legislation, who shall be nonvoting	30192
members;	30193

(b) One representative of the governor's office, appointed by	30194
the governor;	30195

(c) The superintendent of public instruction, or the	30196
superintendent's designee;	30197

(d) One representative of teacher employee organizations	30198
formed pursuant to Chapter 4117. of the Revised Code, appointed by	30199
the speaker of the house of representatives;	30200

(e) One representative of school district boards of	30201
education, appointed by the president of the senate;	30202

(f) One school district superintendent, appointed by the	30203
speaker of the house of representatives;	30204

(g) One representative of business, appointed by the	30205
president of the senate;	30206

(h) One representative of a non-profit organization led by	30207
the Ohio business community, appointed by the governor;	30208

(i) One school building principal, appointed by the president	30209
of the senate;	30210

(j) A member of the state board of education, appointed by	30211
the speaker of the house of representatives.	30212

Initial appointed members of the task force shall serve until	30213
January 1, 2005. Thereafter, terms of office for appointed members	30214
shall be for two years, each term ending on the same day of the	30215
same month as did the term that it succeeds. Each appointed member	30216
shall hold office from the date of appointment until the end of	30217
the term for which the member was appointed. Members may be	30218
reappointed. Vacancies shall be filled in the same manner as the	30219
original appointment. Any member appointed to fill a vacancy	30220
occurring prior to the expiration of the term for which the	30221
member's predecessor was appointed shall hold office for the	30222
remainder of that term.	30223

The task force shall select from among its members a	30224
chairperson. The task force shall meet at least six times each	30225
calendar year and at other times upon the call of the chairperson	30226
to conduct its business. Members of the task force shall serve	30227
without compensation.	30228

(2) The task force shall do all of the following:

30229

(a) Examine the implementation of the value-added progress	30230
dimension by the department, including the system described in	30231
division (B) of this section, the reporting of performance data to	30232
school districts and buildings, and the provision of professional	30233
development on the interpretation of the data to classroom	30234
teachers and administrators;	30235

(b) Periodically review any fees for data analysis and	30236
reporting paid by the department pursuant to division (C) of this	30237
section and determine if the fees are appropriate based upon the	30238
level of services provided;	30239

(c) Periodically report to the department and the state board	30240
on all issues related to the school district and building	30241
accountability system established under this chapter;	30242

(d) Not later than seven years after its initial meeting,	30243
make recommendations to improve the school district and building	30244
accountability system established under this chapter. The task	30245
force shall adopt recommendations by a majority vote of its	30246
members. Copies of the recommendations shall be provided to the	30247
state board, the governor, the speaker of the house of	30248
representatives, and the president of the senate.	30249

(e) Determine starting dates for the implementation of the	30250
value-added progress dimension and its incorporation into school	30251
district and building report cards and performance ratings.	30252

Sec. 3302.03. (A) Annually the department of education shall	30253
report for each school district and each school building in a	30254
district all of the following:	30255

(1) The extent to which the school district or building meets	30256
each of the applicable performance indicators created by the state	30257
board of education under section 3302.02 of the Revised Code and	30258
the number of applicable performance indicators that have been	30259
achieved;	30260

(2) The performance index score of the school district or	30261
building;	30262

(3) Whether the school district or building has made adequate	30263
yearly progress;	30264

(4) Whether the school district or building is excellent,	30265
effective, needs continuous improvement, is under an academic	30266
watch, or is in a state of academic emergency.	30267

(B) Except as otherwise provided in divisions (B)(6) and (7)	30268
of this section:	30269

(1) A school district or building shall be declared excellent	30270
if it fulfills one of the following requirements:	30271

(a) It makes adequate yearly progress and either meets at	30272
least ninety-four per cent of the applicable state performance	30273
indicators or has a performance index score established by the	30274
department.	30275

(b) It has failed to make adequate yearly progress for not	30276
more than two consecutive years and either meets at least	30277
ninety-four per cent of the applicable state performance	30278
indicators or has a performance index score established by the	30279
department.	30280

(2) A school district or building shall be declared effective	30281
if it fulfills one of the following requirements:	30282

(a) It makes adequate yearly progress and either meets at	30283
least seventy-five per cent but less than ninety-four per cent of	30284
the applicable state performance indicators or has a performance	30285
index score established by the department.	30286

(b) It does not make adequate yearly progress and either	30287
meets at least seventy-five per cent of the applicable state	30288
performance indicators or has a performance index score	30289
established by the department, except that if it does not make	30290
adequate yearly progress for three consecutive years, it shall be	30291
declared in need of continuous improvement.	30292

(3) A school district or building shall be declared to be in	30293
need of continuous improvement if it fulfills one of the following	30294
requirements:	30295

(a) It makes adequate yearly progress, meets less than	30296
seventy-five per cent of the applicable state performance	30297
indicators, and has a performance index score established by the	30298
department.	30299

(b) It does not make adequate yearly progress and either	30300
meets at least fifty per cent but less than seventy-five per cent	30301
of the applicable state performance indicators or has a	30302
performance index score established by the department.	30303

(4) A school district or building shall be declared to be	30304
under an academic watch if it does not make adequate yearly	30305
progress and either meets at least thirty-one per cent but less	30306
than fifty per cent of the applicable state performance indicators	30307
or has a performance index score established by the department.	30308

(5) A school district or building shall be declared to be in	30309
a state of academic emergency if it does not make adequate yearly	30310
progress, does not meet at least thirty-one per cent of the	30311
applicable state performance indicators, and has a performance	30312
index score established by the department.	30313

(6) When designating performance ratings for school districts	30314
and buildings under divisions (B)(1) to (5) of this section, the	30315
department shall not assign a school district or building a lower	30316
designation from its previous year's designation based solely on	30317
one subgroup not making adequate yearly progress.	30318

(7) Division (B)(7) of this section does not apply to any	30319
community school established under Chapter 3314. of the Revised	30320
Code in which a majority of the students are enrolled in a dropout	30321
prevention and recovery program.	30322

A school district or building shall not be assigned a higher	30323
performance rating than in need of continuous improvement if at	30324
least ten per cent but not more than fifteen per cent of the	30325
enrolled students do not take all achievement ~~tests~~assessments	30326
prescribed for their grade level under division (A)(1) or (B)(1)	30327
of section 3301.0710 of the Revised Code from which they are not	30328
excused pursuant to division (C)(1) or (3) of section 3301.0711	30329
of the Revised Code. A school district or building shall not be	30330
assigned a higher performance rating than under an academic watch	30331
if more than fifteen per cent but not more than twenty per cent	30332
of the enrolled students do not take all achievement ~~tests~~	30333
assessments prescribed for their grade level under division (A)(1)	30334
or (B)(1) of section 3301.0710 of the Revised Code from which	30335
they are not excused pursuant to division (C)(1) or (3) of	30336
section 3301.0711 of the Revised Code. A school district or	30337
building shall not be assigned a higher performance rating than	30338
in a state of academic emergency if more than twenty per cent of	30339
the enrolled students do not take all achievement ~~tests~~	30340
assessments prescribed for their grade level under division	30341
(A)(1) or (B)(1) of section 3301.0710 of the Revised Code from	30342
which they are not excused pursuant to division (C)(1) or (3) of	30343
section 3301.0711 of the Revised Code.	30344

(C)(1) The department shall issue annual report cards for	30345
each school district, each building within each district, and for	30346
the state as a whole reflecting performance on the indicators	30347
created by the state board under section 3302.02 of the Revised	30348
Code, the performance index score, and adequate yearly progress.	30349

(2) The department shall include on the report card for each	30350
district information pertaining to any change from the previous	30351
year made by the school district or school buildings within the	30352
district on any performance indicator.	30353

(3) When reporting data on student performance, the	30354
department shall disaggregate that data according to the following	30355
categories:	30356

(a) Performance of students by age group;

30357

(b) Performance of students by race and ethnic group;

30358

30359

(d) Performance of students grouped by those who have been	30360
enrolled in a district or school for three or more years;	30361

(e) Performance of students grouped by those who have been	30362
enrolled in a district or school for more than one year and less	30363
than three years;	30364

(f) Performance of students grouped by those who have been	30365
enrolled in a district or school for one year or less;	30366

(g) Performance of students grouped by those who are	30367
economically disadvantaged;	30368

(h) Performance of students grouped by those who are enrolled	30369
in a conversion community school established under Chapter 3314.	30370
of the Revised Code;	30371

(i) Performance of students grouped by those who are	30372
classified as limited English proficient;	30373

(j) Performance of students grouped by those who have	30374
disabilities;	30375

(k) Performance of students grouped by those who are	30376
classified as migrants;	30377

(l) Performance of students grouped by those who are	30378
identified as gifted pursuant to Chapter 3324. of the Revised	30379
Code.	30380

The department may disaggregate data on student performance	30381
according to other categories that the department determines are	30382
appropriate. To the extent possible, the department shall	30383
disaggregate data on student performance according to any	30384
combinations of two or more of the categories listed in divisions	30385
(C)(3)(a) to (l) of this section that it deems relevant.	30386

In reporting data pursuant to division (C)(3) of this	30387
section, the department shall not include in the report cards any	30388
data statistical in nature that is statistically unreliable or	30389
that could result in the identification of individual students.	30390
For this purpose, the department shall not report student	30391
performance data for any group identified in division (C)(3) of	30392
this section that contains less than ten students.	30393

(4) The department may include with the report cards any	30394
additional education and fiscal performance data it deems	30395
valuable.	30396

(5) The department shall include on each report card a list	30397
of additional information collected by the department that is	30398
available regarding the district or building for which the report	30399
card is issued. When available, such additional information shall	30400
include student mobility data disaggregated by race and	30401
socioeconomic status, college enrollment data, and the reports	30402
prepared under section 3302.031 of the Revised Code.	30403

The department shall maintain a site on the world wide web.	30404
The report card shall include the address of the site and shall	30405
specify that such additional information is available to the	30406
public at that site. The department shall also provide a copy of	30407
each item on the list to the superintendent of each school	30408
district. The district superintendent shall provide a copy of any	30409
item on the list to anyone who requests it.	30410

(6)(a) This division does not apply to conversion community	30411
schools that primarily enroll students between sixteen and	30412
twenty-two years of age who dropped out of high school or are at	30413
risk of dropping out of high school due to poor attendance,	30414
disciplinary problems, or suspensions.	30415

For any district that sponsors a conversion community school	30416
under Chapter 3314. of the Revised Code, the department shall	30417
combine data regarding the academic performance of students	30418
enrolled in the community school with comparable data from the	30419
schools of the district for the purpose of calculating the	30420
performance of the district as a whole on the report card issued	30421
for the district.	30422

(b) Any district that leases a building to a community school	30423
located in the district or that enters into an agreement with a	30424
community school located in the district whereby the district and	30425
the school endorse each other's programs may elect to have data	30426
regarding the academic performance of students enrolled in the	30427
community school combined with comparable data from the schools of	30428
the district for the purpose of calculating the performance of the	30429
district as a whole on the district report card. Any district that	30430
so elects shall annually file a copy of the lease or agreement	30431
with the department.	30432

(7) The department shall include on each report card the	30433
percentage of teachers in the district or building who are highly	30434
qualified, as defined by the "No Child Left Behind Act of 2001,"	30435
and a comparison of that percentage with the percentages of such	30436
teachers in similar districts and buildings.	30437

(8) The department shall include on the report card the	30438
number of ~~master~~lead teachers employed by each district and each	30439
building once the data is available from the education management	30440
information system established under section 3301.0714 of the	30441
Revised Code.	30442

(D)(1) In calculating ~~reading, writing~~English language arts,	30443
mathematics, social studies, or science ~~proficiency or achievement~~	30444
~~test~~assessment passage rates used to determine school district or	30445
building performance under this section, the department shall	30446
include all students taking ~~a test~~an assessment with	30447
accommodation or to whom an alternate assessment is administered	30448
pursuant to division (C)(1) or (3) of section 3301.0711 of the	30449
Revised Code.	30450

(2) In calculating performance index scores, rates of	30451
achievement on the performance indicators established by the state	30452
board under section 3302.02 of the Revised Code, and adequate	30453
yearly progress for school districts and buildings under this	30454
section, the department shall do all of the following:	30455

(a) Include for each district or building only those students	30456
who are included in the ADM certified for the first full school	30457
week of October and are continuously enrolled in the district or	30458
building through the time of the spring administration of any ~~test~~	30459
assessment prescribed by division (A)(1) or (B)(1) of section	30460
3301.0710 of the Revised Code that is administered to the	30461
student's grade level;	30462

(b) Include cumulative totals from both the fall and spring	30463
administrations of the third grade reading achievement test;	30464

(c) Except as required by the "No Child Left Behind Act of	30465
2001" for the calculation of adequate yearly progress, exclude for	30466
each district or building any limited English proficient student	30467
who has been enrolled in United States schools for less than one	30468
full school year.	30469

Sec. 3302.031. (A) As used in this section:

30470

(1) "Community school" means a community school established	30471
under Chapter 3314. of the Revised Code.	30472

(2) "STEM school" means a science, technology, engineering,	30473
and mathematics school established under Chapter 3326. of the	30474
Revised Code.	30475

(B) In addition to the report cards required under section	30476
3302.03 of the Revised Code, the department of education shall	30477
annually prepare the ~~following~~ reports ~~for each school district~~	30478
~~and~~described in this section. The department shall make ~~a copy of~~	30479
each report available to the public on the department's web site	30480
and shall provide a hard copy of each report to the applicable	30481
school district superintendent ~~of each district:~~	30482

~~(A) A~~, community school chief administrator, or STEM school	30483
chief administrative officer.	30484

(C) The department shall prepare a funding and expenditure	30485
accountability report ~~which shall consist of~~for each school	30486
district, community school, and STEM school. The report shall	30487
specify the amount of state aid payments for the fiscal year the	30488
school district, community school, or STEM school will receive	30489
~~during the fiscal year~~ under ~~Chapter~~Chapters 3306. and 3317. of	30490
the Revised Code ~~and~~. The report shall include any other fiscal	30491
data the ~~department~~office of school resource management	30492
established under section 3301.80 of the Revised Code determines	30493
is necessary to inform the public about the financial status of	30494
the district;	30495

~~(B)~~or school.

30496

(D) The department shall prepare the following reports for	30497
each school district:	30498

(1) A school safety and discipline report which shall consist	30499
of statistical information regarding student safety and discipline	30500
in each school building, including the number of suspensions and	30501
expulsions disaggregated according to race and gender;	30502

~~(C)~~(2) A student equity report which shall consist of at	30503
least a description of the status of teacher qualifications,	30504
library and media resources, textbooks, classroom materials and	30505
supplies, and technology resources for each district. To the	30506
extent possible, the information included in the report required	30507
under this division shall be disaggregated according to grade	30508
level, race, gender, disability, and scores attained on ~~tests~~	30509
assessments required under section 3301.0710 of the Revised Code.	30510

~~(D)~~(3) A school enrollment report which shall consist of	30511
information about the composition of classes within each district	30512
by grade and subject disaggregated according to race, gender, and	30513
scores attained on ~~tests~~assessments required under section	30514
3301.0710 of the Revised Code;	30515

~~(E)~~(4) A student retention report which shall consist of the	30516
number of students retained in their respective grade levels in	30517
the district disaggregated by grade level, subject area, race,	30518
gender, and disability;	30519

~~(F)~~(5) A school district performance report which shall	30520
describe for the district and each building within the district	30521
the extent to which the district or building meets each of the	30522
applicable performance indicators established under section	30523
3302.02 of the Revised Code, the number of performance indicators	30524
that have been achieved, and the performance index score. In	30525
calculating the rates of achievement on the performance indicators	30526
and the performance index scores for each report, the department	30527
shall exclude all students with disabilities.	30528

Sec. 3302.05. The state board of education shall adopt rules	30529
freeing school districts declared to be excellent under division	30530
(B)(1) or effective under division (B)(2) of section 3302.03 of	30531
the Revised Code from specified state mandates. Any mandates	30532
included in the rules shall be only those statutes or rules	30533
pertaining to state education requirements. The rules shall not	30534
exempt districts from any standard or requirement of Chapter 3306.	30535
or from any operating standard adopted under division (D)(3) of	30536
section 3301.07 of the Revised Code.	30537

Sec. 3302.07. (A) The board of education of any school	30538
district, the governing board of any educational service center,	30539
or the administrative authority of any chartered nonpublic school	30540
may submit to the state board of education an application	30541
proposing an innovative education pilot program the implementation	30542
of which requires exemptions from specific statutory provisions or	30543
rules. If a district or service center board employs teachers	30544
under a collective bargaining agreement adopted pursuant to	30545
Chapter 4117. of the Revised Code, any application submitted under	30546
this division shall include the written consent of the teachers'	30547
employee representative designated under division (B) of section	30548
4117.04 of the Revised Code. The exemptions requested in the	30549
application shall be limited to any requirement of Title XXXIII of	30550
the Revised Code or of any rule of the state board adopted	30551
pursuant to that title except that the application may not propose	30552
an exemption from any requirement of or rule adopted pursuant to	30553
Chapter 3307. or 3309., sections 3319.07 to 3319.21, or Chapter	30554
3323. of the Revised Code. Furthermore, an exemption from any	30555
standard or requirement of Chapter 3306. or from any operating	30556
standard adopted under division (D)(3) of section 3301.07 of the	30557
Revised Code shall be granted only pursuant to a waiver granted by	30558
the superintendent of public instruction under section 3306.40 of	30559
the Revised Code.	30560

(B) The state board of education shall accept any application	30561
submitted in accordance with division (A) of this section. The	30562
superintendent of public instruction shall approve or disapprove	30563
the application in accordance with standards for approval, which	30564
shall be adopted by the state board.	30565

(C) The superintendent of public instruction shall exempt	30566
each district or service center board or chartered nonpublic	30567
school administrative authority with an application approved under	30568
division (B) of this section for a specified period from the	30569
statutory provisions or rules specified in the approved	30570
application. The period of exemption shall not exceed the period	30571
during which the pilot program proposed in the application is	30572
being implemented and a reasonable period to allow for evaluation	30573
of the effectiveness of the program.	30574

Sec. 3304.231. There is hereby created a brain injury	30575
advisory committee, which shall advise the administrator of the	30576
rehabilitation services commission and the brain injury program	30577
with regard to unmet needs of survivors of brain injury,	30578
development of programs for survivors and their families,	30579
establishment of training programs for health care professionals,	30580
and any other matter within the province of the brain injury	30581
program. The committee shall consist of not ~~less~~fewer than	30582
~~eighteen~~twenty and not more than ~~twenty-one~~twenty-two members as	30583
follows:	30584

(A) Not ~~less~~fewer than ten and not more than twelve members	30585
appointed by the administrator of the rehabilitation services	30586
commission, including all of the following: a survivor of brain	30587
injury, a relative of a survivor of brain injury, a licensed	30588
physician recommended by the Ohio chapter of the American college	30589
of emergency physicians, a licensed physician recommended by the	30590
Ohio state medical association, one other health care	30591
professional, a rehabilitation professional, an individual who	30592
represents the brain injury association of Ohio, and not ~~less~~	30593
fewer than three nor more than five individuals who shall	30594
represent the public;	30595

(B) The directors of the departments of health, alcohol and	30596
drug addiction services, mental retardation and developmental	30597
disabilities, mental health, job and family services, aging, and	30598
~~highway~~public safety; the administrator of workers' compensation;	30599
the superintendent of public instruction; and the administrator of	30600
the rehabilitation services commission. Any of the officials	30601
specified in this division may designate an individual to serve in	30602
the official's place as a member of the committee.	30603

~~The director of health shall make initial appointments to the~~	30604
~~committee by November 1, 1990. Appointments made after July 26,~~	30605
~~1991, shall be made by the administrator of the rehabilitation~~	30606
~~services commission.~~ Terms of office of the appointed members	30607
shall be two years. Members may be reappointed. Vacancies shall	30608
be filled in the manner provided for original appointments. Any	30609
member appointed to fill a vacancy occurring prior to the	30610
expiration date of the term for which the member's predecessor was	30611
appointed shall hold office as a member for the remainder of that	30612
term.	30613

Members of the committee shall serve without compensation,	30614
but shall be reimbursed for actual and necessary expenses incurred	30615
in the performance of their duties.	30616

Sec. 3306.01. This chapter shall be administered by the	30617
state board of education. The superintendent of public instruction	30618
shall calculate the amounts payable to each school district and	30619
shall certify the amounts payable to each eligible district to the	30620
treasurer of the district as determined under this chapter. As	30621
soon as possible after such amounts are calculated, the	30622
superintendent shall certify to the treasurer of each school	30623
district the district's adjusted charge-off increase, as defined	30624
in section 5705.211 of the Revised Code. No moneys shall be	30625
distributed pursuant to this chapter without the approval of the	30626
controlling board.	30627

The state board of education shall, in accordance with	30628
appropriations made by the general assembly, meet the financial	30629
obligations of this chapter.	30630

Annually, the department of education shall calculate and	30631
report to each school district the district's adequacy amount	30632
utilizing the calculations in sections 3306.03 and 3306.13 of the	30633
Revised Code. The department shall calculate and report separately	30634
for each school district the district's total state and local	30635
funds for its students with disabilities, utilizing the	30636
calculations in sections 3306.05, 3306.11, and 3306.13 of the	30637
Revised Code. The department shall calculate and report separately	30638
for each school district the amount of funding calculated for each	30639
factor of the district's adequacy amount.	30640

Not later than the thirty-first day of August of each fiscal	30641
year, the department of education shall provide to each school	30642
district a preliminary estimate of the amount of funding that the	30643
department calculates the district will receive under section	30644
3306.13 of the Revised Code. Not later than the first day of	30645
December of each fiscal year, the department shall update that	30646
preliminary estimate.	30647

Moneys distributed pursuant to this chapter shall be	30648
calculated and paid on a fiscal year basis, beginning with the	30649
first day of July and extending through the thirtieth day of June.	30650
Unless otherwise provided, the moneys appropriated for each fiscal	30651
year shall be distributed at least monthly to each school	30652
district. The state board shall submit a yearly distribution plan	30653
to the controlling board at its first meeting in July. The state	30654
board shall submit any proposed midyear revision of the plan to	30655
the controlling board in January. Any year-end revision of the	30656
plan shall be submitted to the controlling board in June. If	30657
moneys appropriated for each fiscal year are distributed other	30658
than monthly, such distribution shall be on the same basis for	30659
each school district.	30660

The total amounts paid each month shall constitute, as nearly	30661
as possible, one-twelfth of the total amount payable for the	30662
entire year.	30663

Payments shall be calculated to reflect the reporting of	30664
formula ADM. Annualized periodic payments for each school district	30665
shall be based on the district's final student counts verified by	30666
the superintendent of public instruction based on reports under	30667
section 3317.03 of the Revised Code, as adjusted, if so ordered,	30668
under division (K) of that section.	30669

(A) Except as otherwise provided, payments under this chapter	30670
shall be made only to those school districts that comply with	30671
divisions (A)(1) to (3) of this section.	30672

(1) Each city, exempted village, and local school district	30673
shall levy for current operating expenses at least twenty mills.	30674
Levies for joint vocational or cooperative education school	30675
districts or county school financing districts, limited to or to	30676
the extent apportioned to current expenses, shall be included in	30677
this qualification requirement. School district income tax levies	30678
under Chapter 5748. of the Revised Code, limited to or to the	30679
extent apportioned to current operating expenses, shall be	30680
included in this qualification requirement to the extent	30681
determined by the tax commissioner under division (D) of section	30682
3317.021 of the Revised Code.	30683

(2) Each city, exempted village, local, and joint vocational	30684
school district, during the school learning year next preceding	30685
the fiscal year for which payments are calculated under this	30686
chapter, shall meet the requirement of section 3313.48 or 3313.481	30687
of the Revised Code, with regard to the minimum number of days or	30688
hours school must be open for instruction with pupils in	30689
attendance, for individualized parent-teacher conference and	30690
reporting periods, and for professional meetings of teachers. The	30691
superintendent of public instruction shall waive a number of days	30692
on which it had been necessary for a school to be closed because	30693
of disease epidemic, hazardous weather conditions, inoperability	30694
of school buses or other equipment necessary to the school's	30695
operation, damage to a school building, or other temporary	30696
circumstances due to utility failure rendering the school	30697
building unfit for school use, as follows:	30698

(a) In determining eligibility for payments under this	30699
chapter for fiscal year 2010, up to five days for the 2008-2009	30700
learning year;	30701

(b) In determining eligibility for payments under this	30702
chapter for fiscal year 2011, up to three days for the 2009-2010	30703
learning year;	30704

(c) In determining eligibility for payments under this	30705
chapter for fiscal year 2012 and thereafter, up to one day for the	30706
preceding learning year.	30707

The state board shall adopt standards for the superintendent	30708
to apply in determining the waiver of days or hours for schools	30709
operating under section 3313.481 of the Revised Code.	30710

A school district shall not be considered to have failed to	30711
comply with this division or section 3313.481 of the Revised Code	30712
because schools were open for instruction but either twelfth grade	30713
students were excused from attendance for up to three days or only	30714
a portion of the kindergarten students were in attendance for up	30715
to three days in order to allow for the gradual orientation to	30716
school of such students.	30717

The superintendent of public instruction shall waive the	30718
requirements of this section with reference to the minimum number	30719
of days or hours a school must be open for instruction with pupils	30720
in attendance for the learning year succeeding the learning year	30721
in which a board of education initiates a plan of operation	30722
pursuant to section 3313.481 of the Revised Code. The minimum	30723
requirements of this section shall again be applicable to the	30724
district beginning with the learning year commencing the second	30725
July succeeding the initiation of the plan, and for each learning	30726
year thereafter.	30727

A school district shall not be considered to have failed to	30728
comply with this division or section 3313.48 or 3313.481 of the	30729
Revised Code because schools were open for instruction but the	30730
length of the regularly scheduled learning day, for any number of	30731
days during the learning year, was reduced by not more than two	30732
hours due to hazardous weather conditions.	30733

(3) Each city, exempted village, local, and joint vocational	30734
school district shall have on file, and shall pay in accordance	30735
with, a teachers' salary schedule which complies with section	30736
3317.13 of the Revised Code.	30737

(B) A school district board of education or educational	30738
service center governing board that has not conformed with other	30739
law, and the rules pursuant thereto, shall not participate in the	30740
distribution of funds authorized by this chapter, except for good	30741
and sufficient reason established to the satisfaction of the state	30742
board of education and the state controlling board.	30743

(C) All funds allocated to school districts under this	30744
chapter, except those specifically allocated for other purposes,	30745
shall be used to pay current operating expenses only.	30746

(D) On or before the third Wednesday of each month, the	30747
department of education shall certify to the director of budget	30748
and management for payment, for each county:	30749

(1)(a) That portion of the allocation of money under section	30750
3306.13 of the Revised Code that is required to be paid in that	30751
month to each school district located wholly within the county	30752
subsequent to the deductions described in division (D)(1)(b) of	30753
this section;	30754

(b) The amounts deducted from such allocation under sections	30755
3307.31 and 3309.51 of the Revised Code for payment directly to	30756
the school employees and state teachers retirement systems under	30757
such sections.	30758

(2) If the district is located in more than one county, an	30759
apportionment of the amounts that would otherwise be certified	30760
under division (D)(1) of this section. The amounts apportioned to	30761
the county shall equal the amounts certified under division (D)(1)	30762
of this section times the percentage of the district's resident	30763
pupils who reside both in the district and in the county.	30764

Sec. 3306.011. Beginning with fiscal year 2010, the payments	30765
prescribed by this chapter supersede and replace the payments	30766
described under sections 3317.012, 3317.013, 3317.014, 3317.022,	30767
3317.029, 3317.0216, 3317.0217, and 3317.16 of the Revised Code,	30768
except as otherwise provided in section 3317.018 of the Revised	30769
Code.	30770

Sec. 3306.012. The form developed by the department of	30771
education to calculate funding to a school district formerly known	30772
as the form "SF-3," on and after the effective date of this	30773
section shall be known as the "PASS form." As used in this	30774
section and any section referring to the PASS form, "PASS" is an	30775
acronym for "PAthway to Student Success." The form shall be	30776
revised as necessary to reflect payments made under this chapter	30777
and Chapter 3317. of the Revised Code and shall be available to	30778
the public in a format understandable to the average citizen.	30779

Sec. 3306.02. As used in this chapter:

30780

(A) "Adequacy amount" means the amount described in section	30781
3306.03 of the Revised Code.	30782

(B) "Career-technical education teacher" means an education	30783
professional who provides specialized instruction in career and	30784
technical courses.	30785

(C)(1) "Category one special education ADM" means a school	30786
district's formula ADM of children whose primary or only	30787
identified disability is a speech and language disability, as this	30788
term is defined pursuant to Chapter 3323. of the Revised Code.	30789
Beginning in fiscal year 2010, for any school district for which	30790
formula ADM means the number verified in the previous fiscal year,	30791
the category one special education ADM also shall be as verified	30792
from the previous year.	30793

(2) "Category two special education ADM" means a school	30794
district's formula ADM of children identified as specific learning	30795
disabled or developmentally disabled, as these terms are defined	30796
pursuant to Chapter 3323. of the Revised Code, or as having an	30797
other health impairment-minor, as defined in this section.	30798
Beginning in fiscal year 2010, for any school district for which	30799
formula ADM means the number verified in the previous fiscal year,	30800
the category two special education ADM also shall be as verified	30801
from the previous year.	30802

(3) "Category three special education ADM" means a school	30803
district's formula ADM of children identified as hearing disabled	30804
or severe behavior disabled, as these terms are defined pursuant	30805
to Chapter 3323. of the Revised Code. Beginning in fiscal year	30806
2010, for any school district for which formula ADM means the	30807
number verified in the previous fiscal year, the category three	30808
special education ADM also shall be as verified from the previous	30809
year.	30810

(4) "Category four special education ADM" means a school	30811
district's formula ADM of children identified as vision impaired,	30812
as this term is defined pursuant to Chapter 3323. of the Revised	30813
Code, or as having an other health impairment-major, as defined	30814
in this section. Beginning in fiscal year 2010, for any school	30815
district for which formula ADM means the number verified in the	30816
previous fiscal year, the category four special education ADM	30817
also shall be as verified from the previous year.	30818

(5) "Category five special education ADM" means a school	30819
district's formula ADM of children identified as orthopedically	30820
disabled or as having multiple disabilities, as these terms are	30821
defined pursuant to Chapter 3323. of the Revised Code. Beginning	30822
in fiscal year 2010, for any school district for which formula	30823
ADM means the number verified in the previous fiscal year, the	30824
category five special education ADM also shall be as verified	30825
from the previous year.	30826

(6) "Category six special education ADM" means a school	30827
district's formula ADM of children identified as autistic, having	30828
traumatic brain injuries, or as both visually and hearing	30829
impaired, as these terms are defined pursuant to Chapter 3323. of	30830
the Revised Code. Beginning in fiscal year 2010, for any school	30831
district for which formula ADM means the number verified in the	30832
previous fiscal year, the category six special education ADM also	30833
shall be as verified from the previous year.	30834

(D) "Class one effective operating tax rate" of a school	30835
district means the quotient obtained by dividing the district's	30836
class one taxes charged and payable for current expenses,	30837
excluding taxes levied under sections 5705.194 to 5705.197,	30838
5705.199, 5705.213, and 5705.219 of the Revised Code, by the	30839
district's class one taxable value.	30840

(E) "Core teacher" means an education professional who	30841
provides instruction in English-language arts, mathematics,	30842
science, social studies, or foreign languages.	30843

(F) "Counselor" means a person with a valid educator license	30844
issued pursuant to section 3319.22 of the Revised Code who	30845
provides pre-college and career counseling, general academic	30846
counseling, course planning, and other counseling services that	30847
are not related to a student's individualized education plan, as	30848
defined in section 3323.01 of the Revised Code.	30849

(G)(1) "Formula ADM" means, for a city, local, or exempted	30850
village school district, the average daily membership described	30851
in division (A) of section 3317.03 of the Revised Code, as	30852
verified by the superintendent of public instruction and adjusted	30853
if so ordered under division (K) of that section, further	30854
adjusted by the department of education, as follows:	30855

(a) Count only twenty per cent of the number of joint	30856
vocational school district students counted under division (A)(3)	30857
of section 3317.03 of the Revised Code;	30858

(b) Add twenty per cent of the number of students who are	30859
entitled to attend school in the district under section 3313.64 or	30860
3313.65 of the Revised Code and are enrolled in another school	30861
district under a career-technical educational compact.	30862

(2) In making calculations under this chapter that utilize	30863
formula ADM, the department shall use the formula ADM derived from	30864
the final, verified, and adjusted average daily membership	30865
described under division (A) of section 3317.03 of the Revised	30866
Code for the prior fiscal year, unless such average daily	30867
membership for the current fiscal year exceeds that number by two	30868
per cent or more. In that case, the department shall derive the	30869
formula ADM from such average daily membership for the current	30870
fiscal year.	30871

(3) For fiscal year 2010, the department shall calculate	30872
formula ADM on the basis of the final, verified, and adjusted	30873
average daily membership, described in division (A) of the version	30874
of section 3317.03 of the Revised Code in effect on and after the	30875
effective date of this amendment, for October 2008 unless such	30876
average daily membership for October 2009 exceeds that number by	30877
two per cent or more. In that case, the department shall derive	30878
the formula ADM from such average daily membership for October	30879
2009.	30880

(H) "Gifted coordinator" means a person who holds a valid	30881
educator license issued under section 3319.22 of the Revised Code,	30882
meets the qualifications for a gifted coordinator specified in the	30883
operating standards for identifying and serving gifted students	30884
prescribed in rules adopted by the state board of education, and	30885
provides coordination services for gifted students in accordance	30886
with those standards.	30887

(I) "Gifted intervention specialist" means a person who holds	30888
a valid gifted intervention specialist license or endorsement	30889
issued under section 3319.22 of the Revised Code and serves gifted	30890
students in accordance with the operating standards for	30891
identifying and serving gifted students prescribed in rules	30892
adopted by the state board of education.	30893

(J) "Internet- or computer-based community school" has the	30894
same meaning as in section 3314.02 of the Revised Code.	30895

(K) "Lead teacher" means a teacher who provides mentoring and	30896
coaching for new teachers. A lead teacher also assists in	30897
coordinating professional development activities, in the	30898
development of professional learning communities, and in common	30899
planning time, and assists teachers in developing project-based,	30900
real-world learning activities for their students. The lead	30901
teacher position shall be a rotating position in which an	30902
individual shall serve no more than three years. After lead	30903
teacher licenses become available under section 3319.22 of the	30904
Revised Code, only teachers who hold that license shall be	30905
appointed as lead teachers. Until that time, each school district	30906
shall designate qualifications for the lead teacher position that	30907
are comparable to the licensing requirements, and shall give	30908
preference for appointment to the position to teachers who are	30909
certified by the national board for professional teaching	30910
standards or who meet the qualifications for a "master teacher"	30911
established by the educator standards board under the former	30912
version of section 3319.61 of the Revised Code.	30913

(L) "Limited English proficiency teacher" means a person who	30914
provides instruction in English as a second language.	30915

(M) "Medically fragile child" means a child to whom all of	30916
the following apply:	30917

(1) The child requires the services of a doctor of medicine	30918
or osteopathic medicine at least once a week due to the	30919
instability of the child's medical condition.	30920

(2) The child requires the services of a registered nurse on	30921
a daily basis.	30922

(3) The child is at risk of institutionalization in a	30923
hospital, skilled nursing facility, or intermediate care facility	30924
for the mentally retarded.	30925

(N) "Ohio educational challenge factor" means an index to	30926
adjust the funding amount for each school district to account for	30927
student and community socioeconomic factors affecting teacher	30928
recruitment and retention, professional development, and other	30929
factors related to quality instruction. The Ohio educational	30930
challenge factor for each school district includes the district's	30931
college attainment rate of population, wealth per pupil, and	30932
concentration of poverty, and is listed in section 3306.051 of	30933
the Revised Code.	30934

(O) "Organizational unit" means, for the purpose of	30935
calculating a school district's adequacy amount under this	30936
chapter, a unit used to index a school district's formula ADM in	30937
certain grade levels. Calculating the number of organizational	30938
units in a school district functions to allocate the state's	30939
resources in a manner that achieves a thorough, efficient, and	30940
adequate educational system that provides the appropriate services	30941
to students enrolled in that district. In recognition of the fact	30942
that students have different educational needs at each	30943
developmental stage, organizational units group the grade levels	30944
into elementary school units, middle school units, and high school	30945
units. Except as provided in division (C) of section 3306.04 of	30946
the Revised Code, a school district's "organizational units" is	30947
the sum of its elementary school units, middle school units, and	30948
high school units.	30949

(P) A child may be identified as having an "other health	30950
impairment-major" if the child's condition meets the definition of	30951
"other health impaired" established in rules adopted by the state	30952
board of education prior to July 1, 2001, and if either of the	30953
following apply:	30954

(1) The child is identified as having a medical condition	30955
that is among those listed by the superintendent of public	30956
instruction as conditions where a substantial majority of cases	30957
fall within the definition of "medically fragile child."	30958

(2) The child is determined by the superintendent of public	30959
instruction to be a medically fragile child. A school district may	30960
petition the superintendent of public instruction for a	30961
determination that a child is a medically fragile child.	30962

(Q) A child may be identified as having an "other health	30963
impairment-minor" if the child's condition meets the definition of	30964
"other health impaired" established in rules adopted by the state	30965
board of education prior to July 1, 2001, but the child's	30966
condition does not meet either of the conditions specified in	30967
division (P)(1) or (2) of this section.	30968

(R) "Principal" means a person who provides management	30969
oversight of building operations, academic leadership for the	30970
teaching professionals, and other administrative duties.	30971

(S) "Property exemption value" means the amount certified for	30972
a school district under divisions (A)(6) and (7) of section	30973
3317.021 of the Revised Code.	30974

(T) "Recognized valuation" means the amount calculated for a	30975
school district pursuant to section 3317.015 of the Revised Code.	30976

(U) "School nurse wellness coordinator" means a person who	30977
has fulfilled the requirements for the issuance of a school nurse	30978
wellness coordinator license under section 3319.221 of the	30979
Revised Code.	30980

(V) "Small school district" means a city, local, or exempted	30981
village school district that has a formula ADM of less than four	30982
hundred eighteen students in grades kindergarten through twelve.	30983

(W) "Special education" has the same meaning as in section	30984
3323.01 of the Revised Code.	30985

(X) "Special education teacher" means a teacher who holds the	30986
necessary license issued pursuant to section 3319.22 of the	30987
Revised Code to meet the unique needs of children with	30988
disabilities.	30989

(Y) "Special education teacher's aide" means a person	30990
providing support for special education teachers and other	30991
associated duties.	30992

(Z) "Specialist teacher" means a person holding a valid	30993
educator's license, issued pursuant to section 3319.22 of the	30994
Revised Code, who provides instruction in dance, drama and	30995
theater, music, visual art, or physical education.	30996

(AA) "State share percentage" means the quotient of a school	30997
district's state share of the adequacy amount determined under	30998
section 3306.13 of the Revised Code divided by the total adequacy	30999
amount for the district as described in section 3306.03 of the	31000
Revised Code. If the quotient is a negative number, the district's	31001
state share percentage is zero.	31002

(BB) "Family and community liaisons" means individuals who	31003
provide assistance to students and their families, individuals	31004
who are linkage coordinators as described in section 3306.31 of	31005
the Revised Code, and may include individuals who hold valid	31006
licenses as family liaisons, social workers, and student	31007
advocates.	31008

(CC) "Supplemental teacher" means a person holding a valid	31009
educator license issued pursuant to section 3319.22 of the Revised	31010
Code, or qualified to secure such a license and approved by the	31011
school district to provide remedial services, intensive	31012
subject-based instruction, homework help, or other forms of	31013
supplemental instruction.	31014

(DD) "Targeted poverty indicator" means the percentage of a	31015
school district's students who are economically disadvantaged, as	31016
determined for purposes of the report card issued under section	31017
3302.03 of the Revised Code.	31018

(EE) "Total taxable value" means the sum of the amounts	31019
certified for a school district under divisions (A)(1) and (2) of	31020
section 3317.021 of the Revised Code.	31021

Sec. 3306.03. (A) The adequacy amount for each city, local,	31022
and exempted village school district is the sum of the following:	31023

(1) Instructional services support calculated under section	31024
3306.05 of the Revised Code;	31025

(2) Additional services support calculated under section	31026
3306.06 of the Revised Code;	31027

(3) Administrative services support calculated under section	31028
3306.07 of the Revised Code;	31029

(4) Operations and maintenance support calculated under	31030
section 3306.08 of the Revised Code;	31031

(5) Gifted education and enrichment support calculated under	31032
sections 3306.09 and 3306.091, respectively, of the Revised Code;	31033

(6) Technology resources support calculated under section	31034
3306.10 of the Revised Code;	31035

(7) The professional development factor, calculated by	31036
multiplying the sum of the school district's core teacher,	31037
specialist teacher, lead teacher, and special education teacher	31038
positions, all as calculated under sections 3306.05 and 3306.11	31039
of the Revised Code, by $1,833 in fiscal years 2010 and 2011;	31040

(8) The instructional materials factor, calculated by	31041
multiplying the school district's formula ADM by $165. The	31042
instructional materials factor for each city, local, and exempted	31043
village school district shall be adjusted by multiplying this	31044
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	31045
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	31046
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	31047
2017.	31048

(B) The state share of the adequacy amount paid to each	31049
school district shall be determined under section 3306.13 of the	31050
Revised Code.	31051

(C) Funding for career-technical education teachers and	31052
career-technical education program operations shall be calculated	31053
under section 3306.052 of the Revised Code. Transportation	31054
support shall be calculated under section 3306.12 of the Revised	31055
Code. Both are in addition to the state share of the adequacy	31056
amount.	31057

Sec. 3306.031. Each city, local, and exempted village school	31058
district, community school established under Chapter 3314. of the	31059
Revised Code, and STEM school established under Chapter 3326. of	31060
the Revised Code for which funds are calculated for the	31061
professional development factor of the adequacy amount under	31062
section 3306.03, 3306.16, or 3306.17 of the Revised Code shall use	31063
those funds to provide teacher professional development that is	31064
aligned with the standards for professional development adopted by	31065
the state board of education under section 3319.61 of the Revised	31066
Code. The department of education shall provide guidance to	31067
districts and schools in aligning professional development	31068
opportunities with the standards.	31069

Sec. 3306.04. (A) For purposes of calculating the adequacy	31070
amount for each city, local, and exempted village school district,	31071
the department of education shall calculate the number of the	31072
district's organizational units.	31073

(B) Except for a small school district, each school	31074
district's "organizational units" is the sum of its elementary	31075
school units, middle school units, and high school units, as	31076
follows:	31077

(1) The number of the district's elementary school	31078
organizational units is calculated by dividing its formula ADM for	31079
grades kindergarten to five by four hundred eighteen.	31080

(2) The number of the district's middle school organizational	31081
units is calculated by dividing its formula ADM for grades six to	31082
eight by five hundred fifty-seven.	31083

(3) The number of the district's high school organizational	31084
units is calculated by dividing its formula ADM for grades nine to	31085
twelve by seven hundred thirty-three.	31086

(C) For each small school district, the number of	31087
organizational units is one organizational unit.	31088

(D) Each school district, regardless of its formula ADM,	31089
shall have at least one organizational unit.	31090

Sec. 3306.05. (A) The instructional services support	31091
component of the adequacy amount for each city, local, and	31092
exempted village school district is the sum of the following:	31093

(1) The core teacher factor;

31094

(2) The specialist teacher factor;

31095

(3) The lead teacher factor;

31096

(4) The special education teacher factor;

31097

(5) The special education teacher's aide factor;

31098

(6) The limited English proficiency teacher factor;

31099

(7) The supplemental teacher factor.

31100

(B) Each factor listed in division (A) of this section shall	31101
be calculated by multiplying the Ohio educational challenge	31102
factor, specified for the district in section 3306.051 of the	31103
Revised Code, times the statewide base teacher salary of $56,902	31104
in fiscal year 2010 and $57,812 in fiscal year 2011, times the	31105
number of positions funded, as follows:	31106

(1) The number of core teacher positions funded shall be	31107
calculated by dividing the district's formula ADM in grades four	31108
to twelve by twenty-five, and then adding that number to the	31109
quotient of the district's formula ADM in grades kindergarten to	31110
three divided by the following:	31111

(a) In fiscal years 2010 and 2011, nineteen;

31112

(b) In fiscal years 2012 and 2013, seventeen;

31113

(c) In fiscal year 2014 and in each fiscal year thereafter,	31114
fifteen.	31115

(2) The number of specialist teacher positions funded shall	31116
be calculated by multiplying the number of core teacher positions	31117
determined under division (B)(1) of this section for grades	31118
kindergarten to eight by one-fifth, and by multiplying the number	31119
of core teacher positions determined for grades nine to twelve by	31120
one-fourth.	31121

(3) The number of lead teacher positions funded shall equal	31122
the number of the district's organizational units.	31123

(4) The number of special education teacher positions and	31124
special education teacher's aide positions funded shall be	31125
calculated as provided in section 3306.11 of the Revised Code.	31126

(5) The number of limited English proficiency teacher	31127
positions funded shall be calculated by multiplying the district's	31128
formula ADM times the district's percentage of limited English	31129
proficient students, as defined in 20 U.S.C. 7801, and then	31130
dividing that product by one hundred;	31131

(6) The number of supplemental teacher positions funded shall	31132
be calculated by multiplying the district's formula ADM times its	31133
targeted poverty indicator, and then dividing that product by one	31134
hundred.	31135

(C) Each school district shall account separately for	31136
expenditures of the amounts received for instructional services	31137
support under this section and report that information to the	31138
department of education.	31139

Sec. 3306.051. (A) The Ohio educational challenge factor is	31140
based on the following characteristics:	31141

(1) The college attainment rate of the school district's	31142
population;	31143

(2) The district's wealth per pupil, based on property	31144
valuation and federal adjusted gross income;	31145

(3) The district's concentration of poverty, based on its	31146
targeted poverty indicator.	31147

(B) The Ohio educational challenge factor for each city,	31148
local, and exempted village school district for fiscal years 2010	31149
and 2011 shall equal the following:	31150

		Educational	31151
School		Challenge	31152
District	County	Factor	31153
Ada Ex Vill SD	Hardin	1.276507	31154
Adena Local SD	Ross	1.464992	31155
Akron City SD	Summit	1.406389	31156
Alexander Local SD	Athens	1.313935	31157
Allen East Local SD	Allen	1.424432	31158
Alliance City SD	Stark	1.412775	31159
Amanda-Clearcreek Local SD	Fairfield	1.475639	31160
Amherst Ex Vill SD	Lorain	1.075260	31161
Anna Local SD	Shelby	1.145758	31162
Ansonia Local SD	Darke	1.491442	31163
Anthony Wayne Local SD	Lucas	0.967172	31164
Antwerp Local SD	Paulding	1.388847	31165
Arcadia Local SD	Hancock	1.099092	31166
Arcanum Butler Local SD	Darke	1.232531	31167
Archbold-Area Local SD	Fulton	1.061622	31168
Arlington Local SD	Hancock	1.209353	31169
Ashland City SD	Ashland	1.165340	31170
Ashtabula Area City SD	Ashtabula	1.382239	31171
Athens City SD	Athens	1.111632	31172
Aurora City SD	Portage	0.926606	31173
Austintown Local SD	Mahoning	1.199890	31174
Avon Lake City SD	Lorain	0.907126	31175
Avon Local SD	Lorain	0.956278	31176
Ayersville Local SD	Defiance	1.083115	31177
Barberton City SD	Summit	1.378977	31178
Barnesville Ex Vill SD	Belmont	1.336210	31179
Batavia Local SD	Clermont	1.237613	31180
Bath Local SD	Allen	1.162598	31181
Bay Village City SD	Cuyahoga	0.872927	31182
Beachwood City SD	Cuyahoga	0.788347	31183
Beaver Local SD	Columbiana	1.326577	31184
Beavercreek City SD	Greene	0.922944	31185
Bedford City SD	Cuyahoga	1.146404	31186
Bellaire Local SD	Belmont	1.553266	31187
Bellefontaine City SD	Logan	1.316875	31188
Bellevue City SD	Huron	1.224385	31189
Belpre City SD	Washington	1.189101	31190
Benjamin Logan Local SD	Logan	1.092906	31191
Benton Carroll Salem Local SD	Ottawa	1.064360	31192
Berea City SD	Cuyahoga	1.076406	31193
Berkshire Local SD	Geauga	1.031217	31194
Berlin-Milan Local SD	Erie	1.080029	31195
Berne Union Local SD	Fairfield	1.212285	31196
Bethel Local SD	Miami	1.042841	31197
Bethel-Tate Local SD	Clermont	1.467173	31198
Bettsville Local SD	Seneca	1.266982	31199
Bexley City SD	Franklin	0.811340	31200
Big Walnut Local SD	Delaware	0.967045	31201
Black River Local SD	Medina	1.235165	31202
Blanchester Local SD	Clinton	1.464462	31203
Bloom Carroll Local SD	Fairfield	1.019268	31204
Bloomfield-Mespo Local SD	Trumbull	1.242742	31205
Bloom-Vernon Local SD	Scioto	1.550611	31206
Bluffton Ex Vill SD	Allen	1.110535	31207
Boardman Local SD	Mahoning	1.059697	31208
Botkins Local SD	Shelby	1.160687	31209
Bowling Green City SD	Wood	0.994699	31210
Bradford Ex Vill SD	Miami	1.501180	31211
Brecksville-Broadview Hts City SD	Cuyahoga	0.907332	31212
Bridgeport Ex Vill SD	Belmont	1.400416	31213
Bright Local SD	Highland	1.514786	31214
Bristol Local SD	Trumbull	1.311147	31215
Brookfield Local SD	Trumbull	1.254722	31216
Brooklyn City SD	Cuyahoga	1.095906	31217
Brookville Local SD	Montgomery	1.117308	31218
Brown Local SD	Carroll	1.200260	31219
Brunswick City SD	Medina	1.070900	31220
Bryan City SD	Williams	1.147033	31221
Buckeye Central Local SD	Crawford	1.318612	31222
Buckeye Local SD	Ashtabula	1.205162	31223
Buckeye Local SD	Jefferson	1.289405	31224
Buckeye Local SD	Medina	1.045651	31225
Buckeye Valley Local SD	Delaware	1.000444	31226
Bucyrus City SD	Crawford	1.523808	31227
Caldwell Ex Vill SD	Noble	1.326424	31228
Cambridge City SD	Guernsey	1.499755	31229
Campbell City SD	Mahoning	1.595858	31230
Canal Winchester Local SD	Franklin	1.106260	31231
Canfield Local SD	Mahoning	0.947954	31232
Canton City SD	Stark	1.585014	31233
Canton Local SD	Stark	1.232137	31234
Cardinal Local SD	Geauga	1.108513	31235
Cardington-Lincoln Local SD	Morrow	1.470847	31236
Carey Ex Vill SD	Wyandot	1.236865	31237
Carlisle Local SD	Warren	1.238244	31238
Carrollton Ex Vill SD	Carroll	1.267127	31239
Cedar Cliff Local SD	Greene	1.196668	31240
Celina City SD	Mercer	1.175680	31241
Centerburg Local SD	Knox	1.226160	31242
Centerville City SD	Montgomery	0.874900	31243
Central Local SD	Defiance	1.471967	31244
Chagrin Falls Ex Vill SD	Cuyahoga	0.773955	31245
Champion Local SD	Trumbull	1.138977	31246
Chardon Local SD	Geauga	0.970334	31247
Chesapeake Union Ex Vill SD	Lawrence	1.588621	31248
Chillicothe City SD	Ross	1.213102	31249
Chippewa Local SD	Wayne	1.085963	31250
Cincinnati City SD	Hamilton	1.160152	31251
Circleville City SD	Pickaway	1.242114	31252
Clark-Shawnee Local SD	Clark	1.060460	31253
Clay Local SD	Scioto	1.438160	31254
Claymont City SD	Tuscarawas	1.549650	31255
Clear Fork Valley Local SD	Richland	1.313111	31256
Clearview Local SD	Lorain	1.541988	31257
Clermont-Northeastern Local SD	Clermont	1.156191	31258
Cleveland Hts-Univ Hts City SD	Cuyahoga	1.034050	31259
Cleveland Municipal SD	Cuyahoga	1.591903	31260
Clinton-Massie Local SD	Clinton	1.133361	31261
Cloverleaf Local SD	Medina	1.075321	31262
Clyde-Green Springs Ex Vill SD	Sandusky	1.316544	31263
Coldwater Ex Vill SD	Mercer	1.379071	31264
College Corner Local SD	Preble	1.316130	31265
Colonel Crawford Local SD	Crawford	1.091023	31266
Columbia Local SD	Lorain	1.030821	31267
Columbiana Ex Vill SD	Columbiana	1.137881	31268
Columbus City SD	Franklin	1.266133	31269
Columbus Grove Local SD	Putnam	1.244911	31270
Conneaut Area City SD	Ashtabula	1.525711	31271
Conotton Valley Union Local SD	Harrison	1.345678	31272
Continental Local SD	Putnam	1.396089	31273
Copley-Fairlawn City SD	Summit	0.909191	31274
Cory-Rawson Local SD	Hancock	1.146248	31275
Coshocton City SD	Coshocton	1.385980	31276
Coventry Local SD	Summit	1.095527	31277
Covington Ex Vill SD	Miami	1.157932	31278
Crestline Ex Vill SD	Crawford	1.374339	31279
Crestview Local SD	Columbiana	1.310088	31280
Crestview Local SD	Richland	1.481045	31281
Crestview Local SD	Van Wert	1.373754	31282
Crestwood Local SD	Portage	1.129538	31283
Crooksville Ex Vill SD	Perry	1.573427	31284
Cuyahoga Falls City SD	Summit	1.094856	31285
Cuyahoga Heights Local SD	Cuyahoga	0.898436	31286
Dalton Local SD	Wayne	1.092859	31287
Danbury Local SD	Ottawa	0.971857	31288
Danville Local SD	Knox	1.494103	31289
Dawson-Bryant Local SD	Lawrence	1.648169	31290
Dayton City SD	Montgomery	1.448163	31291
Deer Park Community City SD	Hamilton	1.020600	31292
Defiance City SD	Defiance	1.325040	31293
Delaware City SD	Delaware	1.113757	31294
Delphos City SD	Allen	1.157538	31295
Dover City SD	Tuscarawas	1.140054	31296
Dublin City SD	Franklin	0.867517	31297
East Cleveland City SD	Cuyahoga	1.581708	31298
East Clinton Local SD	Clinton	1.462780	31299
East Guernsey Local SD	Guernsey	1.515285	31300
East Holmes Local SD	Holmes	1.139627	31301
East Knox Local SD	Knox	1.155805	31302
East Liverpool City SD	Columbiana	1.590185	31303
East Muskingum Local SD	Muskingum	1.207660	31304
East Palestine City SD	Columbiana	1.344973	31305
Eastern Local SD	Brown	1.331577	31306
Eastern Local SD	Meigs	1.512415	31307
Eastern Local SD	Pike	1.581268	31308
Eastwood Local SD	Wood	1.126743	31309
Eaton Community Schools City SD	Preble	1.136722	31310
Edgerton Local SD	Williams	1.306016	31311
Edgewood City SD	Butler	1.233147	31312
Edison Local SD	Jefferson	1.199355	31313
Edon-Northwest Local SD	Williams	1.318268	31314
Elgin Local SD	Marion	1.333351	31315
Elida Local SD	Allen	1.174016	31316
Elmwood Local SD	Wood	1.457047	31317
Elyria City SD	Lorain	1.284154	31318
Euclid City SD	Cuyahoga	1.257378	31319
Evergreen Local SD	Fulton	1.132215	31320
Fairbanks Local SD	Union	1.029919	31321
Fairborn City SD	Greene	1.169324	31322
Fairfield City SD	Butler	1.120999	31323
Fairfield Local SD	Highland	1.476728	31324
Fairfield Union Local SD	Fairfield	1.305113	31325
Fairland Local SD	Lawrence	1.298842	31326
Fairlawn Local SD	Shelby	1.450135	31327
Fairless Local SD	Stark	1.342312	31328
Fairport Harbor Ex Vill SD	Lake	1.074627	31329
Fairview Park City SD	Cuyahoga	0.917044	31330
Fayetteville-Perry Local SD	Brown	1.232747	31331
Federal Hocking Local SD	Athens	1.504926	31332
Felicity-Franklin Local SD	Clermont	1.545885	31333
Field Local SD	Portage	1.063508	31334
Findlay City SD	Hancock	1.134799	31335
Finneytown Local SD	Hamilton	1.067569	31336
Firelands Local SD	Lorain	1.084064	31337
Forest Hills Local SD	Hamilton	0.918825	31338
Fort Frye Local SD	Washington	1.247229	31339
Fort Loramie Local SD	Shelby	1.228727	31340
Fort Recovery Local SD	Mercer	1.390459	31341
Fostoria City SD	Seneca	1.398532	31342
Franklin City SD	Warren	1.181691	31343
Franklin Local SD	Muskingum	1.516304	31344
Franklin-Monroe Local SD	Darke	1.155467	31345
Fredericktown Local SD	Knox	1.206674	31346
Fremont City SD	Sandusky	1.222520	31347
Frontier Local SD	Washington	1.548391	31348
Gahanna-Jefferson City SD	Franklin	0.937449	31349
Galion City SD	Crawford	1.340599	31350
Gallia County Local SD	Gallia	1.180183	31351
Gallipolis City SD	Gallia	1.309992	31352
Garaway Local SD	Tuscarawas	1.168729	31353
Garfield Heights City SD	Cuyahoga	1.275039	31354
Geneva Area City SD	Ashtabula	1.241353	31355
Genoa Area Local SD	Ottawa	1.144052	31356
Georgetown Ex Vill SD	Brown	1.330521	31357
Gibsonburg Ex Vill SD	Sandusky	1.447493	31358
Girard City SD	Trumbull	1.331051	31359
Gorham Fayette Local SD	Fulton	1.474052	31360
Goshen Local SD	Clermont	1.330935	31361
Graham Local SD	Champaign	1.232041	31362
Grand Valley Local SD	Ashtabula	1.254268	31363
Grandview Heights City SD	Franklin	0.884845	31364
Granville Ex Vill SD	Licking	0.945199	31365
Green Local SD	Scioto	1.368399	31366
Green Local SD	Summit	1.028315	31367
Green Local SD	Wayne	1.206381	31368
Greeneview Local SD	Greene	1.148655	31369
Greenfield Ex Vill SD	Highland	1.511212	31370
Greenon Local SD	Clark	1.063320	31371
Greenville City SD	Darke	1.182750	31372
Groveport Madison Local SD	Franklin	1.237531	31373
Hamilton City SD	Butler	1.370018	31374
Hamilton Local SD	Franklin	1.517435	31375
Hardin Northern Local SD	Hardin	1.241016	31376
Hardin-Houston Local SD	Shelby	1.235363	31377
Harrison Hills City SD	Harrison	1.285541	31378
Heath City SD	Licking	1.159649	31379
Hicksville Ex Vill SD	Defiance	1.451150	31380
Highland Local SD	Medina	0.966108	31381
Highland Local SD	Morrow	1.319540	31382
Hilliard City SD	Franklin	0.985085	31383
Hillsboro City SD	Highland	1.326287	31384
Hillsdale Local SD	Ashland	1.192263	31385
Holgate Local SD	Henry	1.480580	31386
Hopewell-Loudon Local SD	Seneca	1.094095	31387
Howland Local SD	Trumbull	0.997232	31388
Hubbard Ex Vill SD	Trumbull	1.217366	31389
Huber Heights City SD	Montgomery	1.189895	31390
Hudson Local SD	Summit	0.867982	31391
Huntington Local SD	Ross	1.563988	31392
Huron City SD	Erie	0.953062	31393
Independence Local SD	Cuyahoga	0.877361	31394
Indian Creek Local SD	Jefferson	1.194894	31395
Indian Hill Ex Vill SD	Hamilton	0.769421	31396
Indian Lake Local SD	Logan	1.177268	31397
Indian Valley Local SD	Tuscarawas	1.490431	31398
Ironton City SD	Lawrence	1.372550	31399
Jackson Center Local SD	Shelby	1.222754	31400
Jackson City SD	Jackson	1.339235	31401
Jackson Local SD	Stark	0.936952	31402
Jackson-Milton Local SD	Mahoning	1.120098	31403
James A Garfield Local SD	Portage	1.221108	31404
Jefferson Area Local SD	Ashtabula	1.231486	31405
Jefferson Local SD	Madison	1.217465	31406
Jefferson Township Local SD	Montgomery	1.349631	31407
Jennings Local SD	Putnam	1.233214	31408
Johnstown-Monroe Local SD	Licking	1.068628	31409
Jonathan Alder Local SD	Madison	1.087918	31410
Joseph Badger Local SD	Trumbull	1.217508	31411
Kalida Local SD	Putnam	1.134357	31412
Kelleys Island Local SD	Erie	0.897093	31413
Kenston Local SD	Geauga	0.888370	31414
Kent City SD	Portage	1.292091	31415
Kenton City SD	Hardin	1.341240	31416
Kettering City SD	Montgomery	1.039020	31417
Keystone Local SD	Lorain	1.095731	31418
Kings Local SD	Warren	0.944617	31419
Kirtland Local SD	Lake	0.869122	31420
La Brae Local SD	Trumbull	1.509648	31421
Lake Local SD	Stark	1.105350	31422
Lake Local SD	Wood	1.092732	31423
Lakeview Local SD	Trumbull	1.050113	31424
Lakewood City SD	Cuyahoga	1.082658	31425
Lakewood Local SD	Licking	1.161169	31426
Lakota Local SD	Butler	0.991612	31427
Lakota Local SD	Sandusky	1.334058	31428
Lancaster City SD	Fairfield	1.181921	31429
Lebanon City SD	Warren	1.057278	31430
Ledgemont Local SD	Geauga	1.089874	31431
Leetonia Ex Vill SD	Columbiana	1.492636	31432
Leipsic Local SD	Putnam	1.358612	31433
Lexington Local SD	Richland	1.055083	31434
Liberty Benton Local SD	Hancock	1.100796	31435
Liberty Center Local SD	Henry	1.243394	31436
Liberty Local SD	Trumbull	1.143199	31437
Liberty Union-Thurston Local SD	Fairfield	1.153214	31438
Licking Heights Local SD	Licking	1.099699	31439
Licking Valley Local SD	Licking	1.315180	31440
Lima City SD	Allen	1.609824	31441
Lincolnview Local SD	Van Wert	1.304841	31442
Lisbon Ex Vill SD	Columbiana	1.485931	31443
Little Miami Local SD	Warren	1.000131	31444
Lockland City SD	Hamilton	1.263116	31445
Logan Elm Local SD	Pickaway	1.144691	31446
Logan-Hocking Local SD	Hocking	1.351308	31447
London City SD	Madison	1.168705	31448
Lorain City SD	Lorain	1.606260	31449
Lordstown Local SD	Trumbull	1.028907	31450
Loudonville-Perrysville Ex Vill SD	Ashland	1.239646	31451
Louisville City SD	Stark	1.145913	31452
Loveland City SD	Hamilton	0.952906	31453
Lowellville Local SD	Mahoning	1.444465	31454
Lucas Local SD	Richland	1.148773	31455
Lynchburg-Clay Local SD	Highland	1.487133	31456
Mad River Local SD	Montgomery	1.516797	31457
Madeira City SD	Hamilton	0.902798	31458
Madison Local SD	Butler	1.149365	31459
Madison Local SD	Lake	1.210499	31460
Madison Local SD	Richland	1.260875	31461
Madison-Plains Local SD	Madison	1.111244	31462
Manchester Local SD	Summit	1.072196	31463
Manchester Local SD	Adams	1.093117	31464
Mansfield City SD	Richland	1.413073	31465
Maple Heights City SD	Cuyahoga	1.369670	31466
Mapleton Local SD	Ashland	1.244822	31467
Maplewood Local SD	Trumbull	1.306471	31468
Margaretta Local SD	Erie	1.101795	31469
Mariemont City SD	Hamilton	0.888848	31470
Marietta City SD	Washington	1.142004	31471
Marion City SD	Marion	1.561608	31472
Marion Local SD	Mercer	1.395959	31473
Marlington Local SD	Stark	1.198789	31474
Martins Ferry City SD	Belmont	1.598533	31475
Marysville Ex Vill SD	Union	1.084320	31476
Mason City SD	Warren	0.992155	31477
Massillon City SD	Stark	1.355745	31478
Mathews Local SD	Trumbull	1.030473	31479
Maumee City SD	Lucas	0.996440	31480
Mayfield City SD	Cuyahoga	0.851001	31481
Maysville Local SD	Muskingum	1.517598	31482
McComb Local SD	Hancock	1.301153	31483
McDonald Local SD	Trumbull	1.429212	31484
Mechanicsburg Ex Vill SD	Champaign	1.243229	31485
Medina City SD	Medina	1.005089	31486
Meigs Local SD	Meigs	1.584300	31487
Mentor Ex Vill SD	Lake	0.964461	31488
Miami East Local SD	Miami	1.121995	31489
Miami Trace Local SD	Fayette	1.228492	31490
Miamisburg City SD	Montgomery	1.114930	31491
Middletown City SD	Butler	1.257163	31492
Midview Local SD	Lorain	1.092786	31493
Milford Ex Vill SD	Clermont	1.018109	31494
Millcreek-West Unity Local SD	Williams	1.351879	31495
Miller City-New Cleveland Local SD	Putnam	1.379562	31496
Milton-Union Ex Vill SD	Miami	1.221554	31497
Minerva Local SD	Stark	1.326538	31498
Minford Local SD	Scioto	1.509434	31499
Minster Local SD	Auglaize	1.068103	31500
Mississinawa Valley Local SD	Darke	1.517760	31501
Mogadore Local SD	Summit	1.115527	31502
Mohawk Local SD	Wyandot	1.149449	31503
Monroe Local SD	Butler	0.988156	31504
Monroeville Local SD	Huron	1.105963	31505
Montpelier Ex Vill SD	Williams	1.484169	31506
Morgan Local SD	Morgan	1.515632	31507
Mount Gilead Ex Vill SD	Morrow	1.303456	31508
Mount Healthy City SD	Hamilton	1.385527	31509
Mount Vernon City SD	Knox	1.222667	31510
Napoleon City SD	Henry	1.219862	31511
National Trail Local SD	Preble	1.337309	31512
Nelsonville-York City SD	Athens	1.554619	31513
New Albany-Plain Local SD	Franklin	0.863212	31514
New Boston Local SD	Scioto	1.589690	31515
New Bremen Local SD	Auglaize	1.127253	31516
New Knoxville Local SD	Auglaize	1.217764	31517
New Lebanon Local SD	Montgomery	1.462491	31518
New Lexington City SD	Perry	1.545076	31519
New London Local SD	Huron	1.474130	31520
New Miami Local SD	Butler	1.573547	31521
New Philadelphia City SD	Tuscarawas	1.184127	31522
New Richmond Ex Vill SD	Clermont	1.121137	31523
New Riegel Local SD	Seneca	1.393211	31524
Newark City SD	Licking	1.252280	31525
Newbury Local SD	Geauga	0.944732	31526
Newcomerstown Ex Vill SD	Tuscarawas	1.529126	31527
Newton Falls Ex Vill SD	Trumbull	1.313730	31528
Newton Local SD	Miami	1.224466	31529
Niles City SD	Trumbull	1.334003	31530
Noble Local SD	Noble	1.480889	31531
Nordonia Hills City SD	Summit	0.934080	31532
North Baltimore Local SD	Wood	1.308125	31533
North Canton City SD	Stark	1.003775	31534
North Central Local SD	Wayne	1.223714	31535
North Central Local SD	Williams	1.324444	31536
North College Hill City SD	Hamilton	1.379521	31537
North Fork Local SD	Licking	1.226601	31538
North Olmsted City SD	Cuyahoga	1.055678	31539
North Ridgeville City SD	Lorain	1.035395	31540
North Royalton City SD	Cuyahoga	0.943948	31541
North Union Local SD	Union	1.325953	31542
Northeastern Local SD	Clark	1.119356	31543
Northeastern Local SD	Defiance	1.078723	31544
Northern Local SD	Perry	1.254464	31545
Northmont City SD	Montgomery	1.099334	31546
Northmor Local SD	Morrow	1.234469	31547
Northridge Local SD	Licking	1.112137	31548
Northridge Local SD	Montgomery	1.313654	31549
Northwest Local SD	Hamilton	1.097477	31550
Northwest Local SD	Scioto	1.585245	31551
Northwest Local SD	Stark	1.188706	31552
Northwestern Local SD	Clark	1.124065	31553
Northwestern Local SD	Wayne	1.480021	31554
Northwood Local SD	Wood	1.172657	31555
Norton City SD	Summit	1.077363	31556
Norwalk City SD	Huron	1.238518	31557
Norwood City SD	Hamilton	1.203977	31558
Oak Hill Union Local SD	Jackson	1.517445	31559
Oak Hills Local SD	Hamilton	1.009889	31560
Oakwood City SD	Montgomery	0.888026	31561
Oberlin City SD	Lorain	1.151305	31562
Ohio Valley Local SD	Adams	1.546394	31563
Old Fort Local SD	Seneca	1.154292	31564
Olentangy Local SD	Delaware	0.873909	31565
Olmsted Falls City SD	Cuyahoga	1.034716	31566
Ontario Local SD	Richland	1.017660	31567
Orange City SD	Cuyahoga	0.767949	31568
Oregon City SD	Lucas	1.149614	31569
Orrville City SD	Wayne	1.220908	31570
Osnaburg Local SD	Stark	1.161056	31571
Otsego Local SD	Wood	1.085754	31572
Ottawa Hills Local SD	Lucas	0.807704	31573
Ottawa-Glandorf Local SD	Putnam	1.129901	31574
Ottoville Local SD	Putnam	1.155937	31575
Painsville City Local SD	Lake	1.576006	31576
Painsville Township Local SD	Lake	0.979713	31577
Paint Valley Local SD	Ross	1.511112	31578
Pandora-Gilboa Local SD	Putnam	1.207508	31579
Parkway Local SD	Mercer	1.451914	31580
Parma City SD	Cuyahoga	1.096590	31581
Patrick Henry Local SD	Henry	1.314110	31582
Paulding Ex Vill SD	Paulding	1.316904	31583
Perkins Local SD	Erie	1.006525	31584
Perry Local SD	Allen	1.252464	31585
Perry Local SD	Lake	1.014880	31586
Perry Local SD	Stark	1.155570	31587
Perrysburg Ex Vill SD	Wood	0.941179	31588
Pettisville Local SD	Fulton	1.215972	31589
Pickerington Local SD	Fairfield	1.078034	31590
Pike-Delta-York Local SD	Fulton	1.225338	31591
Piqua City SD	Miami	1.252751	31592
Plain Local SD	Stark	1.101022	31593
Pleasant Local SD	Marion	1.066006	31594
Plymouth-Shiloh Local SD	Richland	1.539933	31595
Poland Local SD	Mahoning	0.976878	31596
Port Clinton City SD	Ottawa	1.045171	31597
Portsmouth City SD	Scioto	1.560445	31598
Preble-Shawnee Local SD	Preble	1.253492	31599
Princeton City SD	Hamilton	0.989700	31600
Put-In-Bay Local SD	Ottawa	0.870887	31601
Pymatuning Valley Local SD	Ashtabula	1.357539	31602
Ravenna City SD	Portage	1.258270	31603
Reading Community City SD	Hamilton	1.138957	31604
Revere Local SD	Summit	0.811916	31605
Reynoldsburg City SD	Franklin	1.185729	31606
Richmond Heights Local SD	Cuyahoga	0.988219	31607
Ridgedale Local SD	Marion	1.232091	31608
Ridgemont Local SD	Hardin	1.315320	31609
Ridgewood Local SD	Coshocton	1.499377	31610
Ripley-Union-Lewis Local SD	Brown	1.518737	31611
Rittman Ex Vill SD	Wayne	1.341158	31612
River Valley Local SD	Marion	1.144948	31613
River View Local SD	Coshocton	1.255718	31614
Riverdale Local SD	Hardin	1.463411	31615
Riverside Local SD	Logan	1.477936	31616
Rock Hill Local SD	Lawrence	1.590768	31617
Rocky River City SD	Cuyahoga	0.840017	31618
Rolling Hills Local SD	Guernsey	1.513489	31619
Rootstown Local SD	Portage	1.084884	31620
Ross Local SD	Butler	1.128779	31621
Rossford Ex Vill SD	Wood	1.080899	31622
Russia Local SD	Shelby	1.374251	31623
Salem City SD	Columbiana	1.180687	31624
Sandusky City SD	Erie	1.300930	31625
Sandy Valley Local SD	Stark	1.331965	31626
Scioto Valley Local SD	Pike	1.526714	31627
Sebring Local SD	Mahoning	1.501056	31628
Seneca East Local SD	Seneca	1.233540	31629
Shadyside Local SD	Belmont	1.206383	31630
Shaker Heights City SD	Cuyahoga	0.930871	31631
Shawnee Local SD	Allen	1.008274	31632
Sheffield-Sheffield Lake City SD	Lorain	1.122898	31633
Shelby City SD	Richland	1.248437	31634
Sidney City SD	Shelby	1.240389	31635
Solon City SD	Cuyahoga	0.895529	31636
South Central Local SD	Huron	1.497606	31637
South Euclid-Lyndhurst City SD	Cuyahoga	1.002369	31638
South Point Local SD	Lawrence	1.517360	31639
South Range Local SD	Mahoning	1.076772	31640
Southeast Local SD	Portage	1.237090	31641
Southeast Local SD	Wayne	1.180842	31642
Southeastern Local SD	Clark	1.160870	31643
Southeastern Local SD	Ross	1.513790	31644
Southern Local SD	Columbiana	1.537098	31645
Southern Local SD	Meigs	1.547346	31646
Southern Local SD	Perry	1.600707	31647
Southington Local SD	Trumbull	1.160291	31648
Southwest Licking Local SD	Licking	1.065949	31649
Southwest Local SD	Hamilton	1.093489	31650
South-Western City SD	Franklin	1.265187	31651
Spencerville Local SD	Allen	1.301749	31652
Springboro Community City SD	Warren	0.960788	31653
Springfield City SD	Clark	1.552526	31654
Springfield Local SD	Lucas	1.056764	31655
Springfield Local SD	Mahoning	1.192990	31656
Springfield Local SD	Summit	1.196328	31657
St Bernard-Elmwood Place City SD	Hamilton	1.248092	31658
St Clairsville-Richland City SD	Belmont	1.150841	31659
St Henry Consolidated Local SD	Mercer	1.382949	31660
St Marys City SD	Auglaize	1.150444	31661
Steubenville City SD	Jefferson	1.365647	31662
Stow-Munroe Falls City SD	Summit	0.974464	31663
Strasburg-Franklin Local SD	Tuscarawas	1.147256	31664
Streetsboro City SD	Portage	1.023340	31665
Strongsville City SD	Cuyahoga	0.942379	31666
Struthers City SD	Mahoning	1.530919	31667
Stryker Local SD	Williams	1.237584	31668
Sugarcreek Local SD	Greene	0.946787	31669
Swanton Local SD	Fulton	1.077057	31670
Switzerland Of Ohio Local SD	Monroe	1.363501	31671
Sycamore Community City SD	Hamilton	0.805157	31672
Sylvania City SD	Lucas	0.919772	31673
Symmes Valley Local SD	Lawrence	1.554601	31674
Talawanda City SD	Butler	1.090290	31675
Tallmadge City SD	Summit	1.039240	31676
Teays Valley Local SD	Pickaway	1.231537	31677
Tecumseh Local SD	Clark	1.318724	31678
Three Rivers Local SD	Hamilton	0.992195	31679
Tiffin City SD	Seneca	1.200469	31680
Tipp City Ex Vill SD	Miami	1.056646	31681
Toledo City SD	Lucas	1.362225	31682
Toronto City SD	Jefferson	1.279649	31683
Triad Local SD	Champaign	1.247663	31684
Tri-County North Local SD	Preble	1.220510	31685
Trimble Local SD	Athens	1.608740	31686
Tri-Valley Local SD	Muskingum	1.302648	31687
Tri-Village Local SD	Darke	1.253812	31688
Triway Local SD	Wayne	1.201400	31689
Trotwood-Madison City SD	Montgomery	1.536714	31690
Troy City SD	Miami	1.128451	31691
Tuscarawas Valley Local SD	Tuscarawas	1.133251	31692
Tuslaw Local SD	Stark	1.149109	31693
Twin Valley Community Local SD	Preble	1.226702	31694
Twinsburg City SD	Summit	0.954737	31695
Union Local SD	Belmont	1.472803	31696
Union Scioto Local SD	Ross	1.459022	31697
United Local SD	Columbiana	1.456646	31698
Upper Arlington City SD	Franklin	0.763445	31699
Upper Sandusky Ex Vill SD	Wyandot	1.211886	31700
Upper Scioto Valley Local SD	Hardin	1.481493	31701
Urbana City SD	Champaign	1.245402	31702
Valley Local SD	Scioto	1.556395	31703
Valley View Local SD	Montgomery	1.134885	31704
Van Buren Local SD	Hancock	0.986475	31705
Van Wert City SD	Van Wert	1.302853	31706
Vandalia-Butler City SD	Montgomery	0.982917	31707
Vanlue Local SD	Hancock	1.225490	31708
Vermilion Local SD	Erie	1.101326	31709
Versailles Ex Vill SD	Darke	1.234253	31710
Vinton County Local SD	Vinton	1.581898	31711
Wadsworth City SD	Medina	1.221864	31712
Walnut Township Local SD	Fairfield	1.169550	31713
Wapakoneta City SD	Auglaize	1.218209	31714
Warren City SD	Trumbull	1.557959	31715
Warren Local SD	Washington	1.298018	31716
Warrensville Heights City SD	Cuyahoga	1.261012	31717
Washington Court House City SD	Fayette	1.333465	31718
Washington Local SD	Lucas	1.172637	31719
Washington-Nile Local SD	Scioto	1.547444	31720
Waterloo Local SD	Portage	1.150614	31721
Wauseon Ex Vill SD	Fulton	1.299620	31722
Waverly City SD	Pike	1.469624	31723
Wayne Local SD	Warren	1.056943	31724
Wayne Trace Local SD	Paulding	1.323577	31725
Waynesfield-Goshen Local SD	Auglaize	1.402136	31726
Weathersfield Local SD	Trumbull	1.207306	31727
Wellington Ex Vill SD	Lorain	1.219534	31728
Wellston City SD	Jackson	1.550848	31729
Wellsville Local SD	Columbiana	1.568998	31730
West Branch Local SD	Mahoning	1.297805	31731
West Carrollton City SD	Montgomery	1.220862	31732
West Clermont Local SD	Clermont	1.059095	31733
West Geauga Local SD	Geauga	0.858500	31734
West Holmes Local SD	Holmes	1.243758	31735
West Liberty-Salem Local SD	Champaign	1.221358	31736
West Muskingum Local SD	Muskingum	1.138872	31737
Western Brown Local SD	Brown	1.508565	31738
Western Local SD	Pike	1.616394	31739
Western Reserve Local SD	Huron	1.309909	31740
Western Reserve Local SD	Mahoning	1.091041	31741
Westerville City SD	Franklin	0.963748	31742
Westfall Local SD	Pickaway	1.311966	31743
Westlake City SD	Cuyahoga	0.820277	31744
Wheelersburg Local SD	Scioto	1.305562	31745
Whitehall City SD	Franklin	1.402068	31746
Wickliffe City SD	Lake	0.994269	31747
Willard City SD	Huron	1.358778	31748
Williamsburg Local SD	Clermont	1.225041	31749
Willoughby-Eastlake City SD	Lake	1.069333	31750
Wilmington City SD	Clinton	1.169459	31751
Windham Ex Vill SD	Portage	1.584385	31752
Winton Woods City SD	Hamilton	1.120204	31753
Wolf Creek Local SD	Washington	1.158506	31754
Woodmore Local SD	Sandusky	1.082991	31755
Woodridge Local SD	Summit	0.956249	31756
Wooster City SD	Wayne	1.128544	31757
Worthington City SD	Franklin	0.896897	31758
Wynford Local SD	Crawford	1.300946	31759
Wyoming City SD	Hamilton	0.871194	31760
Xenia Community City SD	Greene	1.223093	31761
Yellow Springs Ex Vill SD	Greene	0.955678	31762
Youngstown City SD	Mahoning	1.634946	31763
Zane Trace Local SD	Ross	1.222296	31764
Zanesville City SD	Muskingum	1.389095	31765

Sec. 3306.052. Each city, local, and exempted village school	31767
district shall receive funding for career-technical education	31768
teachers and career-technical education program operations for	31769
fiscal years 2010 and 2011 as follows:	31770

(A) For fiscal year 2010, each district shall receive an	31771
amount equal to the amount the district received for fiscal year	31772
2009 under division (E) of section 3317.022 of the Revised Code,	31773
as that section existed for that fiscal year, less any amounts	31774
attributable to community school students and net of any additions	31775
or deductions attributable to open enrollment students, times	31776
1.019.	31777

(B) For fiscal year 2011, each district shall receive an	31778
amount equal to the amount the district received for fiscal year	31779
2010 under division (A) of this section times 1.019.	31780

Sec. 3306.06. (A) The additional services support component	31781
of the adequacy amount for each city, local, and exempted village	31782
school district is the sum of the following:	31783

(1) The family and community liaison factor;

31784

(2) The counselor factor;

31785

(3) The summer remediation factor;

31786

(4) The school nurse wellness coordinator factor;

31787

(5) The district health professional factor.

31788

(B)(1) The family and community liaison factor shall be	31789
calculated by multiplying the school district's formula ADM times	31790
its targeted poverty indicator and dividing the product by	31791
seventy-five, and then multiplying the quotient by the product of	31792
the applicable Ohio educational challenge factor times $38,633,	31793
in fiscal year 2010, and times $39,381, in fiscal year 2011.	31794

(2) The counselor factor shall be calculated by dividing the	31795
district's formula ADM for grades six to twelve by two hundred	31796
fifty, and then multiplying the quotient by a dollar amount for	31797
each fiscal year established by law. No counselor factor shall	31798
be calculated and paid for fiscal years 2010 and 2011.	31799

(3) The summer remediation program factor shall be calculated	31800
by multiplying the district's formula ADM times its targeted	31801
poverty indicator times fifty per cent, which represents the	31802
anticipated participation rate, dividing that product by thirty,	31803
which is the assumed student-to-teacher ratio for summer	31804
remediation, and multiplying that quotient by the product of	31805
$3,000 times the applicable Ohio educational challenge factor.	31806

(4) The school nurse wellness coordinator factor shall be	31807
calculated by multiplying the number of the district's	31808
organizational units times a dollar amount for each fiscal year	31809
established by law, except that in a small school district, the	31810
school nurse wellness coordinator factor shall be zero. No school	31811
nurse wellness coordinator factor shall be calculated and paid for	31812
fiscal years 2010 and 2011.	31813

(5) The district health professional factor for each district	31814
equals a dollar amount specified by law for each fiscal year. No	31815
district health professional factor shall be calculated and paid	31816
for fiscal years 2010 and 2011.	31817

(C) In adopting expenditure and reporting standards under	31818
section 3306.25 of the Revised Code, the superintendent of public	31819
instruction shall include standards that encourage school	31820
districts to give preference to employing or obtaining the	31821
services of licensed school nurses with funds received for the	31822
school nurse wellness coordinator factor and the district health	31823
professional factor.	31824

(D) Each school district shall account separately for	31825
expenditures of the amounts received for additional services	31826
support under this section and report that information to the	31827
department of education.	31828

Sec. 3306.07. (A) The administrative services support	31829
component of the adequacy amount for each city, local, and	31830
exempted village school district is the sum of the following:	31831

(1) The district administration factor;

31832

(2) The principal factor;

31833

(3) The administrative support personnel factor;

31834

(B)(1) The district administration factor equals $187,176 in	31835
fiscal year 2010 and $190,801 in fiscal year 2011.	31836

(2) The principal factor shall be calculated by multiplying	31837
the number of the district's organizational units times $89,563 in	31838
fiscal year 2010 and $91,297 in fiscal year 2011. However, each	31839
type 1 or type 2 school district shall receive for a principal	31840
factor an amount not less than the applicable dollar amount	31841
specified in this paragraph times the number of school buildings	31842
in the district for which the department of education issued a	31843
report card under section 3302.03 of the Revised Code for the	31844
prior school year. As used in this division, "type 1 school	31845
district" means a school district characterized as a type 1	31846
(rural/agricultural, high poverty, low median income) district,	31847
and "type 2 school district" means a school district characterized	31848
as a type 2 (rural/agricultural, small student population, low	31849
poverty, low to moderate median income), in the typology of	31850
districts published by the department in July 2007.	31851

(3) The administrative support personnel factor is funding	31852
determined for building managers, secretaries, and	31853
noninstructional aides.	31854

(a) The funding for building managers shall be calculated by	31855
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	31856
2011 times the number of the district's organizational units.	31857

(b) The funding for secretaries shall be calculated by	31858
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	31859
2011 times the number of the district's organizational units,	31860
where two additional secretaries shall be funded for each high	31861
school organizational unit.	31862

(c) The funding for noninstructional aides shall be a	31863
dollar amount set by law for each fiscal year times the number of	31864
the district's organizational units, where the organizational	31865
units are multiplied by two in the case of elementary school and	31866
middle school organizational units and by three in case of high	31867
school organizational units.	31868

However, each small school district shall receive funding for	31869
one building manager, one secretary, and one noninstructional	31870
aide. Every other city, local, and exempted village school	31871
district shall receive funding for at least one building manager,	31872
one secretary, and one noninstructional aide.	31873

No funding shall be calculated and paid for noninstructional	31874
aides for fiscal years 2010 and 2011.	31875

(C) Each school district shall account separately for the	31876
amounts received for administrative services support under this	31877
section and report that information to the department of	31878
education.	31879

Sec. 3306.08. (A) The operations and maintenance support	31880
component of the adequacy amount for each city, local, and	31881
exempted village school district shall be calculated by	31882
multiplying the district's formula ADM times $884.	31883

(B) The operations and maintenance support for each city,	31884
local, and exempted village school district shall be adjusted by	31885
multiplying the calculated amount by 0.45 in fiscal years 2010	31886
and 2011, and by 0.75 in fiscal years 2012 and 2013.	31887

(C) Each school district shall account separately for	31888
expenditures of the amounts received for operations and	31889
maintenance support under this section and report that information	31890
to the department of education.	31891

Sec. 3306.09. (A) The gifted education support component of	31892
the adequacy amount for each city, local, and exempted village	31893
school district is the sum of the following:	31894

(1) The gifted identification factor;

31895

(2) The gifted coordinator factor;

31896

(3) The gifted intervention specialist factor;

31897

(4) The gifted intervention specialist professional	31898
development factor.	31899

(B)(1) The gifted identification factor shall be calculated	31900
by multiplying the district's formula ADM times $5.	31901

(2) The gifted coordinator factor shall be calculated by	31902
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year	31903
2011 times the quotient of the district's formula ADM divided by	31904
two thousand five hundred.	31905

(3) The gifted intervention specialist factor shall be	31906
calculated by multiplying the number of the district's	31907
organizational units times the Ohio educational challenge factor	31908
specified for the district in section 3306.051 of the Revised Code	31909
times the statewide base teacher salary specified in section	31910
3306.05 of the Revised Code.	31911

(4) The gifted intervention specialist professional	31912
development factor shall be calculated by multiplying the number	31913
of the district's organizational units times the	31914
per-teaching-position dollar amount specified for the professional	31915
development factor in division (A)(7) of section 3306.03 of the	31916
Revised Code.	31917

(C) The gifted intervention specialist factor and the gifted	31918
intervention specialist professional development factor for each	31919
city, local, and exempted village school district, shall be	31920
adjusted by multiplying the calculated amount by 0.20 in fiscal	31921
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years	31922
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80	31923
in fiscal years 2016 and 2017.	31924

(D) A school district that does not submit an annual report	31925
under section 3324.05 of the Revised Code, or that reports zero	31926
students identified as gifted, shall receive zero funding for the	31927
gifted coordinator factor, the gifted intervention specialist	31928
factor, and the gifted intervention specialist professional	31929
development factor.	31930

(E) Each school district shall expend the funds calculated	31931
under the gifted education support component in accordance with	31932
rules adopted under section 3306.25 of the Revised Code. Those	31933
rules shall require that such funds be spent only for the	31934
employment of staff to serve students identified as gifted, in	31935
accordance with Chapter 3324. of the Revised Code, or for other	31936
services to such students. The rules shall be aligned with the	31937
operating standards for identifying and serving gifted students	31938
prescribed in rules adopted by the state board of education.	31939
Notwithstanding anything to the contrary in section 3306.25 of the	31940
Revised Code, the rules regarding the expenditure and reporting of	31941
funds for the gifted education support component adopted under	31942
that section shall take effect July 1, 2011.	31943

Subject to approval by the department of education, a school	31944
district may use up to fifteen per cent of the portion of the	31945
gifted intervention specialist factor attributable to the grade	31946
six through twelve formula ADM to support access to services	31947
provided by the district that are not services described in	31948
Chapter 3324. of the Revised Code but are specified in gifted	31949
students' written education plans prepared in accordance with the	31950
state board's operating standards for identifying and serving	31951
gifted students.	31952

(F) Each school district shall account separately for	31953
expenditures of the amounts received for gifted identification,	31954
gifted coordinators, gifted intervention specialists, and gifted	31955
intervention specialist professional development under this	31956
section and report that information to the department of	31957
education.	31958

(G) Each city, local, and exempted village school district	31959
that received for fiscal year 2009 unit funding for gifted student	31960
services under division (L) of section 3317.024 and division (E)	31961
of section 3317.05 of the Revised Code, as those sections existed	31962
for that fiscal year, shall spend in each fiscal year thereafter	31963
for services to identified gifted students from the funds received	31964
under this chapter an amount not less than the aggregate amount	31965
received for such gifted unit funding for fiscal year 2009. No	31966
district to which this division applies shall apply for or receive	31967
a waiver under section 3306.40 of the Revised Code from the	31968
spending requirements prescribed in this division or under	31969
division (E) of this section.	31970

(H) A District that did not receive for fiscal year 2009 unit	31971
funding for gifted student services under division (L) of section	31972
3317.024 and division (E) of section 3317.05 of the Revised Code,	31973
as those sections existed for that fiscal year, may apply for a	31974
waiver under section 3306.40 of the Revised Code from any	31975
expenditure requirements prescribed under division (E) of this	31976
section. Notwithstanding anything to the contrary in section	31977
3306.40 of the Revised Code, the first waiver granted to a	31978
district pursuant to this division shall not be effective for	31979
longer than two years, and any subsequent renewal of that waiver	31980
shall not be effective for longer than one year.	31981

Sec. 3306.091. (A) The enrichment support component of the	31982
adequacy amount for each city, local, and exempted village school	31983
district shall be calculated by multiplying the district's formula	31984
ADM times $100 times the Ohio educational challenge factor.	31985

(B) The enrichment support for each city, local, and exempted	31986
village school district shall be adjusted by multiplying the	31987
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	31988
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	31989
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	31990
2017.	31991

(C) The enrichment support component shall be used for	31992
purposes other than the employment of staff to serve students	31993
identified as gifted, in accordance with Chapter 3324. of the	31994
Revised Code, or other services to such students. A district may	31995
spend the enrichment support component to pay for enrichment	31996
activities that may encourage the intellectual and creative	31997
pursuits of all students, including the fine arts.	31998

(D) Each school district shall account separately for	31999
expenditures of the amounts received for enrichment support under	32000
this section and report that information to the department of	32001
education.	32002

Sec. 3306.10. (A) The technology resources support component	32003
of the adequacy amount for each city, local, and exempted village	32004
school district is the sum of the following:	32005

(1) The licensed librarian and media specialist factor;

32006

(2) The technical equipment factor.

32007

(B)(1) The licensed librarian and media specialist factor	32008
shall be calculated by multiplying the number of the district's	32009
organizational units times $60,000.	32010

(2) The technical equipment factor shall be calculated by	32011
multiplying the district's formula ADM times $250.	32012

(C) The licensed librarian and media specialist factor and	32013
the technical equipment factor for each city, local, and exempted	32014
village school district shall be adjusted by multiplying the	32015
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal	32016
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	32017
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	32018
2017.	32019

(D) Each school district shall account separately for the	32020
amounts received for technology resources support under this	32021
section and report that information to the department of	32022
education.	32023

Sec. 3306.11. (A) For the purpose of calculating a school	32024
district's instructional services support under section 3306.05 of	32025
the Revised Code, the number of special education teacher	32026
positions used in calculating the special education teacher	32027
factor, and the number of special education teacher's aide	32028
positions used in calculating the special education teacher's aide	32029
factor shall be calculated as set forth in this section.	32030

(B)(1) The number of special education teacher positions	32031
shall be calculated by multiplying the sum of the weighted number	32032
of children with disabilities calculated under division (C) of	32033
this section times nine-tenths, and then dividing that product by	32034
twenty.	32035

(2) The number of special education teacher's aide positions	32036
shall be calculated by dividing the number of special education	32037
teacher positions calculated under division (B)(1) of this section	32038
by two, and multiplying that quotient by 0.50 in fiscal years	32039
2010 and 2011.	32040

(C) The weighted number of children with disabilities for a	32041
school district is the sum of:	32042

(1) 0.2906 times the district's category one special	32043
education ADM;	32044

(2) 0.7374 times the district's category two special	32045
education ADM;	32046

(3) 1.7716 times the district's category three special	32047
education ADM;	32048

(4) 2.3643 times the district's category four special	32049
education ADM;	32050

(5) 3.2022 times the district's category five special	32051
education ADM;	32052

(6) 4.7205 times the district's category six special	32053
education ADM.	32054

(D) Each school district shall account separately for	32055
expenditures of the amounts received for resources for children	32056
with disabilities under this section and section 3306.05 of the	32057
Revised Code and report that information to the department of	32058
education. Those amounts may be used to pay for providers of	32059
related services, as defined in section 3323.01 of the Revised	32060
Code, for children with disabilities.	32061

Sec. 3306.12. (A) As used in this section:

32062

(1) "Assigned bus" means a school bus used to transport	32063
qualifying riders.	32064

(2) "Nontraditional ridership" means the average number of	32065
qualifying riders who are enrolled in a community school	32066
established under Chapter 3314. of the Revised Code, in a STEM	32067
school established under Chapter 3326. of the Revised Code, or in	32068
a nonpublic school and are provided school bus service by a school	32069
district during the first full week of October.	32070

(3) "Qualifying riders" means resident students enrolled in	32071
regular education in grades kindergarten to twelve who are	32072
provided school bus service by a school district and who live	32073
more than one mile from the school they attend, including	32074
students with dual enrollment in a joint vocational school	32075
district or a cooperative education school district, and students	32076
enrolled in a community school, STEM school, or nonpublic school.	32077

(4) "Qualifying ridership" means the average number of	32078
qualifying riders who are provided school bus service by a school	32079
district during the first full week of October.	32080

(5) "Rider density" means the number of qualifying riders per	32081
square mile of a school district.	32082

(6) "School bus service" means a school district's	32083
transportation of qualifying riders in any of the following types	32084
of vehicles:	32085

(a) School buses owned or leased by the district;

32086

(b) School buses operated by a private contractor hired by	32087
the district;	32088

(c) School buses operated by another school district or	32089
entity with which the district has contracted, either as part of a	32090
consortium for the provision of transportation or otherwise.	32091

(B) Not later than the fifteenth day of October each year,	32092
each city, local, and exempted village school district shall	32093
report to the department of education its qualifying ridership,	32094
nontraditional ridership, number of qualifying riders per	32095
assigned bus, and any other information requested by the	32096
department. Subsequent adjustments to the reported numbers shall	32097
be made only in accordance with rules adopted by the department.	32098

(C) The department shall calculate the statewide	32099
transportation cost per student as follows:	32100

(1) Determine each city, local, and exempted village school	32101
district's transportation cost per student by dividing the	32102
district's total costs for school bus service in the previous	32103
fiscal year by its qualifying ridership in the previous fiscal	32104
year.	32105

(2) After excluding districts that do not provide school bus	32106
service and the ten districts with the highest transportation	32107
costs per student and the ten districts with the lowest	32108
transportation costs per student, divide the aggregate cost for	32109
school bus service for the remaining districts in the previous	32110
fiscal year by the aggregate qualifying ridership of those	32111
districts in the previous fiscal year.	32112

(D) The department shall calculate the statewide	32113
transportation cost per mile as follows:	32114

(1) Determine each city, local, and exempted village school	32115
district's transportation cost per mile by dividing the	32116
district's total costs for school bus service in the previous	32117
fiscal year by its total number of miles driven for school bus	32118
service in the previous fiscal year.	32119

(2) After excluding districts that do not provide school bus	32120
service and the ten districts with the highest transportation	32121
costs per mile and the ten districts with the lowest	32122
transportation costs per mile, divide the aggregate cost for	32123
school bus service for the remaining districts in the previous	32124
fiscal year by the aggregate miles driven for school bus service	32125
in those districts in the previous fiscal year.	32126

(E) The department shall calculate each city, local, and	32127
exempted village school district's transportation base payment as	32128
follows:	32129

(1) Multiply the statewide transportation cost per student by	32130
the district's qualifying ridership for the current fiscal year.	32131

(2) Multiply the statewide transportation cost per mile by	32132
the district's total number of miles driven for school bus service	32133
in the current fiscal year.	32134

(3) Multiply the greater of the amounts calculated under	32135
divisions (E)(1) and (2) of this section by the greater of sixty	32136
per cent or the district's state share percentage.	32137

(F) The department shall calculate each city, local, and	32138
exempted village school district's nontraditional ridership	32139
adjustment according to the following formula:	32140

(nontraditional ridership for the current fiscal year /	32141

qualifying ridership for the current fiscal year) X 0.1 X	32142

transportation base payment	32143

(G) If a city, local, and exempted village school district	32144
offers school bus service to all resident students who are	32145
enrolled in regular education in district schools in grades nine	32146
to twelve and who live more than one mile from the school they	32147
attend, the department shall calculate the district's high school	32148
ridership adjustment according to the following formula:	32149

0.025 X transportation base payment	32150

(H) If a city, local, and exempted village school district	32151
offers school bus service to students enrolled in grades	32152
kindergarten to eight who live more than one mile, but two miles	32153
or less, from the school they attend, the department shall	32154
calculate an additional adjustment according to the following	32155
formula:	32156

0.025 X transportation base payment	32157

(I)(1) The department annually shall establish a target	32158
number of qualifying riders per assigned bus for each city, local,	32159
and exempted village school district. The department shall use	32160
the most recently available data in establishing the target	32161
number. The target number shall be based on the statewide median	32162
number of qualifying riders per assigned bus as adjusted to	32163
reflect the district's rider density in comparison to the rider	32164
density of all other districts. The department shall post on the	32165
department's web site each district's target number of qualifying	32166
riders per assigned bus and a description of how the target	32167
number was determined.	32168

(2) The department shall determine each school district's	32169
efficiency index by dividing the district's median number of	32170
qualifying riders per assigned bus by its target number of	32171
qualifying riders per assigned bus.	32172

(3) The department shall determine each city, local, and	32173
exempted village school district's efficiency adjustment as	32174
follows:	32175

(a) If the district's efficiency index is equal to or greater	32176
than 1.5, the efficiency adjustment shall be calculated according	32177
to the following formula:	32178

0.1 X transportation base payment	32179

(b) If the district's efficiency index is less than 1.5 but	32180
equal to or greater than 1.0, the efficiency adjustment shall be	32181
calculated according to the following formula:	32182

[(efficiency index – 1) / 5] X transportation base payment	32183

(c) If the district's efficiency index is less than 1.0, the	32184
efficiency adjustment shall be zero.	32185

(J) The department shall pay each city, local, and exempted	32186
village school district the lesser of the following:	32187

(1) The sum of the amounts calculated under divisions (E) to	32188
(H) and (I)(3) of this section;	32189

(2) The district's total costs for school bus service for the	32190
prior fiscal year.	32191

(K) In addition to funds paid under division (J) of this	32192
section, each city, local, and exempted village district shall	32193
receive in accordance with rules adopted by the state board of	32194
education a payment for students transported by means other than	32195
school bus service and whose transportation is not funded under	32196
division (G) of section 3317.024 of the Revised Code. The rules	32197
shall include provisions for school district reporting of such	32198
students.	32199

(L)(1) In fiscal years 2010 and 2011, the department shall	32200
pay each district a pro rata portion of the amounts calculated	32201
under division (J) of this section and described in division (K)	32202
of this section, based on state appropriations.	32203

(2) In addition to the prorated payment under division	32204
(L)(1) of this section, in fiscal years 2010 and 2011, the	32205
department shall pay each school district that meets the	32206
conditions prescribed in division (L)(3) of this section an	32207
additional amount equal to the following product:	32208

(a) The difference of (i) the amounts calculated under	32209
division (J) of this section and prescribed in division (K) of	32210
this section minus (ii) that prorated payment; times	32211

(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.

32212

(3) Division (L)(2) of this section applies to each school	32213
district that meets all of the following conditions:	32214

(a) The district qualifies for the calculation of a payment	32215
under division (J) of this section because it transports students	32216
on board-owned or contractor-owned school buses.	32217

(b) The district's local wealth per pupil, calculated as	32218
prescribed in section 3317.0217 of the Revised Code, is at or	32219
below the median local wealth per pupil of all districts that	32220
qualify for calculation of a payment under division (J) of this	32221
section.	32222

(c) The district's rider density is at or below the median	32223
rider density of all districts that qualify for calculation of a	32224
payment under division (J) of this section.	32225

Sec. 3306.13. (A) The department of education shall compute	32226
and distribute to each city, local, and exempted village school	32227
district the state share of the adequacy amount for the fiscal	32228
year by subtracting the district's charge-off amount calculated	32229
under division (B) of this section from its adequacy amount	32230
calculated under section 3306.03 of the Revised Code.	32231

(B)(1) For districts with a class one effective operating tax	32232
rate that is less than twenty and one-tenth effective mills as of	32233
the first day of July of the current fiscal year, the charge-off	32234
amount equals the applicable charge-off rate, prescribed in	32235
division (C) of this section, times the sum of the district's	32236
total taxable value plus its property exemption value.	32237

(2) For districts with a class one effective operating tax	32238
rate that is greater than or equal to twenty and one-tenth class	32239
one effective mills as of the first day of July of the current	32240
fiscal year, the charge-off amount equals the applicable	32241
charge-off rate, prescribed in division (C) of this section,	32242
times the sum of the district's recognized valuation plus its	32243
property exemption value.	32244

If the difference obtained from the calculation is a negative	32245
number, the state share shall be zero.	32246

32247

(1) In fiscal years 2010 and 2011, 0.022;

32248

(2) In fiscal years 2012 and 2013, 0.021;

32249

(3) In fiscal year 2014 and in each fiscal year thereafter,	32250
0.020.	32251

(D) The department shall use the information obtained under	32252
section 3317.021 of the Revised Code during the calendar year in	32253
which the fiscal year begins to calculate the district state	32254
shares under this section.	32255

Sec. 3306.14. (A) The partnership for continued learning	32256
shall establish a joint vocational school district funding	32257
committee. The committee shall study the extent to which current	32258
joint vocational school district programming and funding are	32259
responsive to state, regional, and local business and industry	32260
needs. The committee also shall study the funding of lead	32261
districts, as defined in section 3317.023 of the Revised Code. In	32262
addition to members of the partnership for continued learning,	32263
the committee shall include business leaders and representatives	32264
of joint vocational school districts, including at least one	32265
superintendent and at least one treasurer of a joint vocational	32266
school district, selected by the superintendent of public	32267
instruction and the chancellor of the Ohio board of regents and	32268
approved by the partnership for continued learning, and one	32269
member of a school district board of education selected by the	32270
governor. The committee shall operate under the direction of the	32271
superintendent and the chancellor.	32272

(B) Not later than September 1, 2010, the committee shall	32273
issue a report to the partnership for continued learning and the	32274
general assembly containing its findings and recommendations for	32275
revisions to joint vocational school district programming and	32276
funding and lead district funding. After the committee issues the	32277
report, the committee shall cease to exist.	32278

(C) The general assembly shall enact laws implementing	32279
revisions to joint vocational school district programming and	32280
funding and lead district funding not later than July 1, 2011.	32281

(D) The department of education shall continue to evaluate	32282
the efficacy of the joint vocational school district system and	32283
its programmatic offerings.	32284

Sec. 3306.15. (A) In fiscal years 2010 and 2011, each	32285
educational service center shall undergo a performance review	32286
under sections 3306.32 and 3306.321 of the Revised Code.	32287

(B) The educational service center study committee is hereby	32288
established. The committee shall study the extent to which the	32289
current educational service center system supports school	32290
districts in academic achievement, teacher quality, shared	32291
educational services, and the purchasing of services and	32292
commodities. The committee shall consist of the following members:	32293

(1) The superintendent of public instruction, the chancellor	32294
of the Ohio board of regents, the auditor of state or a designee	32295
of the auditor of state, and the director of budget and management	32296
or a designee of the director;	32297

(2) The following members appointed by the governor:

32298

(a) A representative of educational service centers;

32299

(b) A superintendent of a city school district;

32300

32301

(d) A representative of the business community;

32302

(e) A representative of county boards of mental retardation	32303
and developmental disabilities;	32304

(f) A member of a school district board of education.

32305

(3) The following members appointed by the speaker of the	32306
house of representatives:	32307

(a) A representative of educational service centers;

32308

(b) A superintendent of an exempted village school district;

32309

(c) A representative of school district treasurers or	32310
business managers;	32311

(d) A representative of higher education institutions.

32312

(4) The following members appointed by the president of the	32313
senate:	32314

(a) A representative of educational service centers;

32315

(b) A superintendent of a local school district;

32316

32317

(d) A representative of the special education community.

32318

The committee shall be co-chaired by the superintendent of	32319
public instruction and the chancellor of the Ohio board of	32320
regents. The governor, speaker of the house of representatives,	32321
and president of the senate shall appoint members no later than	32322
September 1, 2009, and the committee shall hold its first meeting	32323
no later than October 15, 2009.	32324

(C) Based on the performance reviews conducted under this	32325
section, the committee shall make recommendations regarding the	32326
following:	32327

(1) A new regional service delivery system;

32328

(2) Educational service system governance structure;

32329

(3) Accountability metrics for educational service centers.

32330

Not later than July 1, 2010, the committee shall issue to the	32331
governor a status report of its progress. The committee shall	32332
issue a final report containing its findings and recommendations	32333
to the governor not later than October 1, 2010, at which time the	32334
committee shall cease to exist.	32335

(D) The department of education and the office of budget and	32336
management shall provide the committee with any information and	32337
assistance required by the committee to carry out its duties.	32338

Sec. 3306.16. (A)(1) Except as provided in division (C) of	32339
this section, the department of education shall calculate and pay	32340
the adequacy amount for each community school established under	32341
Chapter 3314. of the Revised Code, other than internet- or	32342
computer-based community schools, in the manner set forth in	32343
sections 3306.02 to 3306.11 of the Revised Code, with the	32344
following exceptions:	32345

(a) The base teacher salary shall be $51,407 in fiscal year	32346
2010 and $52,230 in fiscal year 2011.	32347

(b) The number of organizational units attributed to each	32348
community school shall be calculated by dividing the community	32349
school's ADM by two hundred ninety-one, but no school shall be	32350
attributed less than one-half of one organizational unit.	32351

(c) The calculation of instructional services support, the	32352
family and community liaison factor, the summer remediation	32353
factor, and enrichment support shall not utilize the Ohio	32354
educational challenge factor, unless division (C) of this section	32355
applies.	32356

(d) The number of lead teacher positions shall equal one.

32357

(e) The counselor factor shall equal a dollar amount for each	32358
fiscal year established by law. No counselor factor shall be	32359
calculated and paid for fiscal years 2010 and 2011.	32360

(f) The school nurse wellness coordinator factor and the	32361
district health professional factor shall be calculated as	32362
follows:	32363

(i) Each community school with ADM of less than four hundred	32364
eighteen shall receive only the school nurse wellness coordinator	32365
factor;	32366

(ii) Each community school with ADM of four hundred eighteen	32367
or more shall receive only the district health professional	32368
factor.	32369

(g) No school nurse wellness coordinator factor or district	32370
health professional factor shall be calculated and paid for fiscal	32371
years 2010 and 2011. Administrative services support shall include	32372
only the following:	32373

(i) The principal factor;

32374

(ii) The administrative services support personnel factor,	32375
except that a community school shall receive funding for at least	32376
one-half of one building manager, one-half of one secretary, and	32377
one-half of one noninstructional aide. No funding shall be	32378
calculated and paid for noninstructional aides for fiscal years	32379
2010 and 2011.	32380

(h) The district administration factor shall equal zero.

32381

(2) In addition to the adequacy amount, the department shall	32382
calculate and pay to each community school that is not an	32383
internet- or computer-based community school an amount for	32384
career-technical education, as follows:	32385

(a) For fiscal year 2010, 1.019 times the amount paid to the	32386
school for fiscal year 2009 under former division (D)(4) of	32387
section 3314.08 of the Revised Code;	32388

(b) For fiscal year 2011, 1.019 times the amount paid to the	32389
school for fiscal year 2010 under division (A)(2)(a) of this	32390
section.	32391

(B) The department of education shall calculate and pay the	32392
adequacy amount for each internet- or computer-based community	32393
school in the manner set forth in sections 3306.02 to 3306.11 of	32394
the Revised Code, with the following exceptions:	32395

(1) The base teacher salary shall be $51,407 in fiscal year	32396
2010 and $52,230 in fiscal year 2011.	32397

(2) The number of organizational units attributed to each	32398
internet- or computer-based community school shall be calculated	32399
by dividing the community school's ADM by two hundred ninety-one.	32400
There shall be no minimum number of organizational units that must	32401
be attributed to an internet- or computer-based community school,	32402
and no internet- or computer-based community school shall be	32403
attributed more than one organizational unit, regardless of the	32404
number of students enrolled in the school.	32405

(3) The calculation of instructional services support shall	32406
not utilize the Ohio educational challenge factor unless division	32407
(C) of this section applies.	32408

(4) The number of core teacher positions shall equal the	32409
school's ADM divided by one hundred twenty-five.	32410

(5) The number of specialist teacher positions shall equal	32411
zero.	32412

(6) The number of lead teacher positions shall equal zero.

32413

(7) The number of supplemental teacher positions shall equal	32414
zero.	32415

(8) The family and community liaison factor shall equal zero.

32416

(9) The counselor factor shall equal a dollar amount for each	32417
fiscal year established by law. No counselor factor shall be	32418
calculated and paid for fiscal years 2010 and 2011.	32419

(10) The summer remediation factor shall equal zero.

32420

(11) The school nurse wellness coordinator factor and	32421
district health professional factor each shall equal zero.	32422

(12) Administrative services support shall equal zero.

32423

(13) Operations and maintenance support shall equal zero.

32424

(14) Gifted education support and enrichment support each	32425
shall equal zero.	32426

(15) Technology resources support shall equal the school's	32427
ADM multiplied by $1,037.	32428

(16) The professional development factor shall equal zero.

32429

(C) In calculating the adequacy amount under divisions (A)	32430
and (B) of this section, the department shall not apply the	32431
exception specified in division (A)(1)(c) or (B)(3) of this	32432
section, and shall utilize the educational challenge factor in	32433
calculating the school's instructional services support, family	32434
and community liaison factor, summer remediation factor, and	32435
enrichment support, as provided in division (D) of this section,	32436
if both of the following apply:	32437

(1) The community school is either:

32438

(a) A new start-up community school, as defined in section	32439
3314.02 of the Revised Code;	32440

(b) A conversion community school that was open for	32441
instruction as a community school prior to July 1, 2009.	32442

(2) The community school satisfies the conditions of division	32443
(C)(2)(a) or (b) of this section:	32444

(a) The community school is sponsored by a city, local, or	32445
exempted village school district and at least fifty per cent of	32446
the students who were enrolled for the entire previous school year	32447
or, if the current fiscal year is the community school's first	32448
year of operation, at least fifty per cent of the students	32449
attending during the first full school week of October, were	32450
entitled to attend school under section 3313.64 or 3313.65 of the	32451
Revised Code in the school district that is the community school's	32452
sponsor.	32453

(b) The community school was rated for the previous school	32454
year under section 3302.03 of the Revised Code as continuous	32455
improvement or higher.	32456

(D) The educational challenge factor utilized for a	32457
community school under division (C) of this section shall be:	32458

(1) If the community school qualifies under division	32459
(C)(2)(a) of this section, the educational challenge factor	32460
prescribed in section 3306.051 of the Revised Code for the school	32461
district that sponsors the school;	32462

(2) If the community school qualifies under division	32463
(C)(2)(b) of this section, the unweighted mean of all of the	32464
educational challenge factors prescribed in section 3306.051 of	32465
the Revised Code;	32466

(3) If the community school qualifies under both divisions	32467
(C)(2)(a) and (b) of this section, the greater of the educational	32468
challenge factors described in divisions (D)(1) and (2) of this	32469
section.	32470

(E) If two or more community schools, which are not internet-	32471
or computer-based community schools, are located in the same	32472
building, have at least one common member on their respective	32473
governing authorities, and have the same chief administrative	32474
officer, the department shall compute aggregate funding for all of	32475
those schools according to the provisions of division (A) of this	32476
section as if they were one school, and then shall pay each school	32477
a share of that aggregate amount on a per pupil basis.	32478

(F)(1) The aggregate amount calculated and paid pursuant to	32479
divisions (A)(1) and (C) of this section for fiscal year 2010 to	32480
each community school that is not an internet- or computer-based	32481
community school shall not exceed 1.019 times the product of:	32482

(a) The quotient of the aggregate amount paid to the	32483
community school under former divisions (D)(1), (2), and (5) to	32484
(10) of section 3314.08 of the Revised Code and former section	32485
3314.13 of the Revised Code, plus any gifted education units paid	32486
to the school, for fiscal year 2009, divided by the community	32487
school ADM for fiscal year 2009, as adjusted and verified by the	32488
department; times	32489

(b) The community school ADM for fiscal year 2010, as	32490
adjusted and verified by the department.	32491

(2) The aggregate amount calculated and paid pursuant to	32492
divisions (A)(1) and (C) of this section for fiscal year 2011 to	32493
each community school that is not an internet- or computer-based	32494
community school shall not exceed 1.019 times the product of:	32495

(a) The quotient of the aggregate amount paid to the	32496
community school under divisions (A)(1) and (C) of this section	32497
for fiscal year 2010, divided by the community school ADM for	32498
fiscal year 2010, as adjusted and verified by the department;	32499
times	32500

(b) The community school ADM for fiscal year 2011, as	32501
adjusted and verified by the department.	32502

(3) The aggregate amount calculated and paid pursuant to	32503
divisions (B) and (C) of this section for fiscal year 2010 to each	32504
internet- or computer-based community school shall not exceed	32505
1.019 times the product of:	32506

(a) The quotient of the aggregate amount paid to the school	32507
under former divisions (D)(1) and (2) of section 3314.08 of the	32508
Revised Code, plus any gifted education units paid to the school,	32509
for fiscal year 2009, divided by the community school ADM for	32510
fiscal year 2009, as adjusted and verified by the department;	32511
times	32512

(b) The community school ADM for fiscal year 2010, as	32513
adjusted and verified by the department.	32514

(4) The aggregate amount calculated and paid pursuant to	32515
divisions (B) and (C) of this section for fiscal year 2011 to each	32516
internet- or computer-based community school shall not exceed	32517
1.019 times the product of:	32518

(a) The quotient of the aggregate amount paid to the school	32519
under divisions (B) and (C) of this section for fiscal year 2010,	32520
divided by the community school ADM for fiscal year 2010, as	32521
adjusted and verified by the department; times	32522

(b) The community school ADM for fiscal year 2011, as	32523
adjusted and verified by the department.	32524

(G) Each community school shall track its expenditure of the	32525
amount received under this section and report that information to	32526
the department of education.	32527

Sec. 3306.17. For each STEM school established under Chapter	32528
3326. of the Revised Code, the governing body of which is not a	32529
city, local, or exempted village school district board of	32530
education pursuant to section 3326.51 of the Revised Code, the	32531
department of education shall calculate and pay the adequacy	32532
amount in the manner set forth in sections 3306.02 to 3306.11 of	32533
the Revised Code, with the following exceptions:	32534

(A) The adequacy amount shall be calculated as if the STEM	32535
school were a small school district, regardless of the number of	32536
students enrolled in the school.	32537

(B) The calculation of instructional services support, the	32538
family and community liaison factor, the summer remediation	32539
factor, and enrichment support shall not utilize the Ohio	32540
educational challenge factor.	32541

Sec. 3306.18. On or before the fifteenth day of July of each	32542
year, the superintendent of public instruction shall certify to	32543
the state board of education the amount each city, local, and	32544
exempted village school district expended in the previous fiscal	32545
year on each factor of the district's adequacy amount.	32546

Sec. 3306.19. (A) The department of education shall	32547
calculate and pay transitional aid in fiscal years 2010 and 2011	32548
to each city, local, and exempted village school district that	32549
receives less from the combination of its state share of the	32550
adequacy amount calculated under section 3306.13 of the Revised	32551
Code plus the amount calculated for career-technical education	32552
under section 3306.052 of the Revised Code plus the prorated	32553
transportation funding calculated under division (L)(1) of	32554
section 3306.12 of the Revised Code than its transitional aid	32555
guarantee base for the fiscal year. The amount of the transitional	32556
aid payment shall equal the difference of the district's	32557
transitional aid guarantee base for the current fiscal year minus	32558
the sum of its calculated state share of the adequacy amount plus	32559
its career-technical education funding plus its prorated	32560
transportation funding for the current fiscal year.	32561

(1) The transitional aid guarantee base for each city, local,	32562
and exempted village school district for fiscal year 2010 equals	32563
the sum of the following computed for fiscal year 2009, as	32564
reconciled by the department, less any amounts attributable to	32565
community school students included in the calculations and net of	32566
any additions or deductions attributable to open enrollment	32567
students and less any general revenue fund spending reductions	32568
ordered by the governor under section 126.05 of the Revised Code:	32569

(a) Base-cost funding under division (A) of section 3317.022	32570
of the Revised Code;	32571

(b) Special education and related services additional	32572
weighted funding under division (C)(1) of section 3317.022 of the	32573
Revised Code;	32574

(c) Speech services funding under division (C)(4) of section	32575
3317.022 of the Revised Code;	32576

(d) Vocational education additional weighted funding under	32577
division (E) of section 3317.022 of the Revised Code;	32578

(e) GRADS funding under division (N) of section 3317.024 of	32579
the Revised Code;	32580

(f) Adjustments for classroom teachers and educational	32581
service personnel under divisions (B), (C), and (D) of section	32582
3317.023 of the Revised Code;	32583

(g) Gifted education units under division (L) of section	32584
3317.024 and section 3317.05 of the Revised Code;	32585

(h) Transportation under Section 269.20.80 of Am. Sub. H.B.	32586
119 of the 127th general assembly;	32587

(i) The excess cost supplement under division (F) of section	32588
3317.022 of the Revised Code;	32589

(j) The charge-off supplement under section 3317.0216 of the	32590
Revised Code;	32591

(k) Transitional aid under Section 269.30.80 of Am. Sub. H.B.	32592
119 of the 127th general assembly.	32593

(2) The transitional aid guarantee base for each city, local,	32594
and exempted village school district for fiscal year 2011 equals	32595
ninety-eight per cent of the following difference:	32596

(a) The sum of the district's state share of the adequacy	32597
amount calculated under section 3306.13 of the Revised Code plus	32598
the district's career-technical education funding calculated	32599
under division (L)(1) of section 3306.052 of the Revised Code	32600
plus the district's prorated transportation funding calculated	32601
under division (L)(1) of section 3306.12 of the Revised Code plus	32602
any transitional aid payment under this section for fiscal year	32603
2010; minus	32604

(b) Any general revenue fund spending reductions ordered by	32605
the governor for fiscal year 2010 under section 126.05 of the	32606
Revised Code.	32607

(B) Notwithstanding any provision of this chapter to the	32608
contrary:	32609

(1) The combination of the state share of the adequacy amount	32610
plus the prorated transportation funding under division (L)(1) of	32611
section 3306.12 of the Revised Code for any city, local, or	32612
exempted village school district for fiscal year 2010 shall not	32613
exceed 1.019 times the difference of its transitional aid	32614
guarantee base for fiscal year 2010 minus the amount described in	32615
division (A)(1)(d) of this section.	32616

(2) The combination of the state share of the adequacy amount	32617
plus the prorated transportation funding under division (L)(1) of	32618
section 3306.12 of the Revised Code for any city, local, or	32619
exempted village school district for fiscal year 2011 shall not	32620
exceed 1.019 times the difference of its transitional aid	32621
guarantee base for fiscal year 2011 minus the amount paid to the	32622
district under division (A) of section 3306.052 of the Revised	32623
Code.	32624

Sec. 3306.191. The department of education shall calculate	32625
and pay additional transitional aid in fiscal year 2011 to a city,	32626
local, and exempted village school district equal to the	32627
following:	32628

(0.98 X the district's state education aid for fiscal year 2010) –	32629
the district's state education aid for fiscal year 2011	32630

If the result is a negative number, no payment shall be paid	32631
under this section.	32632

As used in this section, "state education aid" has the same	32633
meaning as in section 5751.20 of the Revised Code.	32634

Sec. 3306.21. Nothing in this chapter shall be construed to	32635
affect or limit the authority of a school district, community	32636
school, or STEM school to contract with an educational service	32637
center, under sections 3313.843, 3313.844, 3313.845, 3314.022, and	32638
3326.45 of the Revised Code, for the provision of any services for	32639
which funds are calculated and paid under this chapter.	32640

Sec. 3306.25. (A) The superintendent of public instruction	32641
shall adopt rules, in accordance with Chapter 119. of the Revised	32642
Code, prescribing standards for the expenditure of funds	32643
calculated under this chapter and for the reporting of	32644
expenditures of those funds for particular funded components, as	32645
determined by the superintendent, so that those funds are directed	32646
toward the purposes for which they were calculated.	32647

The superintendent shall classify the components into the	32648
following categories:	32649

(1) Core academic strategy components, which shall be	32650
considered those components that are fundamental to successful	32651
education practices in the twenty-first century for all students;	32652

(2) Academic improvement components, which shall be	32653
considered those components that have been demonstrated to make	32654
the greatest improvement in the academic achievement of	32655
underperforming students;	32656

(3) Other components.

32657

The superintendent shall determine the funded components	32658
included in each category.	32659

(B) The rules adopted for core academic strategy components	32660
under division (A)(1) of this section shall prescribe standards	32661
for expenditure and reporting and shall apply to all school	32662
districts, community schools established under Chapter 3314. of	32663
the Revised Code, and STEM schools established under Chapter 3326.	32664
of the Revised Code. However, the rules shall afford districts,	32665
community schools, and STEM schools rated as effective or	32666
excellent, under section 3302.03 of the Revised Code, flexibility	32667
in determining how to spend funds calculated for the components	32668
included in that category.	32669

(C) The rules adopted for academic improvement components	32670
under division (A)(2) of this section shall prescribe standards	32671
for expenditure and reporting and shall apply only to school	32672
districts, community schools, and STEM schools that have been	32673
declared to be in academic emergency or academic watch, under	32674
section 3302.03 of the Revised Code, for two or more consecutive	32675
years, beginning with the ratings of districts and schools issued	32676
under that section in the fiscal year that begins two years prior	32677
to the effective date of rules adopted under division (A)(2) of	32678
this section.	32679

(D) The rules adopted under division (A)(3) of this section	32680
shall prescribe only reporting standards and shall not prescribe	32681
spending requirements or standards. The rules shall apply to all	32682
school districts, community schools, and STEM schools.	32683

(E) The rules shall take effect pursuant to a schedule	32684
determined by the superintendent. However, no rule adopted under	32685
division (A)(1) or (3) of this section shall take effect earlier	32686
than July 1, 2010, and no rule adopted under division (A)(2) of	32687
this section shall take effect earlier than July 1, 2011.	32688

(F) Each school district, community school, and STEM school	32689
shall comply with each applicable rule adopted under this section	32690
beginning on the effective date of that rule.	32691

Sec. 3306.29. (A) The Ohio school funding research advisory	32692
council is hereby established. The council shall consist of the	32693
following members:	32694

(1) The superintendent of public instruction, or the	32695
superintendent's designee;	32696

(2) The chancellor of the Ohio board of regents, or the	32697
chancellor's designee;	32698

(3) Two school district teachers, appointed by the governor;

32699

(4) Two nonteaching, nonadministrative school district	32700
employees, appointed by the governor;	32701

(5) One school district principal, appointed by the governor;

32702

(6) One school district superintendent, appointed by the	32703
governor;	32704

(7) One school district treasurer, appointed by the governor;

32705

(8) One member of the board of education of a city, local, or	32706
exempted village school district, appointed by the governor;	32707

(9) One representative of a college of education operated by	32708
a member institution of the university system of Ohio, appointed	32709
by the governor;	32710

(10) One member representing the business community,	32711
appointed by the governor;	32712

(11) One member representing philanthropic organizations,	32713
appointed by the governor;	32714

(12) A representative of the Ohio academy of science,	32715
appointed by the governor;	32716

(13) One member representing the general public, appointed by	32717
the governor;	32718

(14) One member representing educational service centers,	32719
appointed by the governor;	32720

(15) One parent of a student attending a school operated by a	32721
school district, appointed by the governor;	32722

(16) One member representing sponsors of community schools	32723
established under Chapter 3314. of the Revised Code, appointed by	32724
the governor;	32725

(17) One member representing nonprofit operators of community	32726
schools, appointed by the governor;	32727

(18) One community school fiscal officer, appointed by the	32728
governor;	32729

(19) One parent of a student attending a community school,	32730
appointed by the governor;	32731

(20) One member representing early childhood education	32732
providers, appointed by the governor;	32733

(21) Two members of the house of representatives appointed by	32734
the speaker of the house of representatives, one of whom shall be	32735
from the minority party and recommended by the minority leader of	32736
the house of representatives;	32737

(22) Two members of the senate appointed by the president of	32738
the senate, one of whom shall be from the minority party and	32739
recommended by the minority leader of the senate.	32740

The council shall reflect the diversity of this state in	32741
terms of gender, race, ethnic background, and geographic	32742
distribution. In making appointments to the council, the governor	32743
shall consider recommendations of stakeholder associations or	32744
groups representing the professions or individuals to be	32745
represented on the council.	32746

The members shall serve without compensation.

32747

(B) The superintendent of public instruction, or the	32748
superintendent's designee to the council, shall be the chairperson	32749
of the council.	32750

The office of school resource management and the center for	32751
creativity and innovation in the department of education shall	32752
provide staffing assistance to the council.	32753

The council shall meet at least quarterly, beginning in	32754
August 2009.	32755

(C) Not later than the first day of December of each	32756
even-numbered year, the council shall present to the governor, the	32757
state board of education, the general assembly, in accordance with	32758
section 101.68 of the Revised Code, and the public recommendations	32759
for revisions to the educational adequacy components of the	32760
research-based school funding model established under this	32761
chapter.	32762

(1) The recommendations shall be based on current, high	32763
quality research, information provided by school districts, and	32764
best practices in operational efficiencies identified in the	32765
performance reviews required by section 3306.32 of the Revised	32766
Code.	32767

(2) In preparing its recommendations due December 1, 2010,	32768
the council's analyses shall include, but shall not be limited to,	32769
the adequacy of the model's financing for gifted education	32770
services, career-technical education, arts education, services for	32771
limited English proficient students, and early college high	32772
schools. This analysis shall consider, for each area, current	32773
educational need, current educational practices, and best	32774
practices.	32775

(3) In preparing its recommendations due December 1, 2010,	32776
and in subsequent biennia, the council's analyses may address, but	32777
need not be limited to, any of the following:	32778

(a) Strategies and incentives to promote school cost-saving	32779
measures and efficiencies;	32780

(b) Options for adding learning time to the learning year,	32781
such as moving professional development for educators to summer,	32782
adding learning time for children with greater educational needs,	32783
accounting for learning time by hours instead of days, and	32784
appropriate compensation to school districts and staff for	32785
providing additional learning time;	32786

(c) The adequacy of the model's accounting for and financing	32787
of operational costs, including district-level administration and	32788
administrative and transportation challenges experienced by	32789
low-density and low-wealth school districts, and the effect of	32790
those costs on student academic achievement;	32791

(d) The accuracy of the calculation of each component of the	32792
funding model, and of the model as a whole, in light of current	32793
educational needs, current educational practices, and best	32794
practices.	32795

Sec. 3306.291. (A) A subcommittee of the Ohio school funding	32796
research advisory council is hereby established to study and make	32797
recommendations to foster collaboration between school districts	32798
and community schools established under Chapter 3314. of the	32799
Revised Code. The subcommittee shall recommend fiscal strategies,	32800
including changes to the funding model established under this	32801
chapter, that will provide incentives and compensation for Ohio	32802
school districts and community schools to enter into collaborative	32803
agreements that result in creative and innovative academic	32804
programming for students and academic and fiscal efficiency. The	32805
subcommittee shall report its findings and recommendations to the	32806
council, the governor, and, in accordance with section 101.68 of	32807
the Revised Code, the general assembly not later than September 1,	32808
2010, and periodically thereafter at the direction of the	32809
superintendent of public instruction.	32810

(B) The subcommittee shall consist of the following members	32811
of the council:	32812

(1) The school district superintendent;

32813

(2) The school district treasurer;

32814

(3) One of the school district teachers, selected by the	32815
superintendent of public instruction;	32816

(4) The member representing a college of education operated	32817
by a member institution of the university system of Ohio;	32818

(5) The member representing sponsors of community schools;

32819

(6) The member representing nonprofit operators of community	32820
schools;	32821

(7) The community school fiscal officer;

32822

(8) The parent of a student attending a community school;

32823

(9) The parent of a student attending a school operated by a	32824
school district.	32825

The members of the subcommittee shall serve without	32826
compensation.	32827

Sec. 3306.292. The Ohio school funding research advisory	32828
council may establish subcommittees in addition to the	32829
subcommittee established under section 3306.291 of the Revised	32830
Code. The council shall determine the membership and duties of the	32831
additional subcommittees. Up to one-half of the members of each	32832
additional subcommittee may be individuals who are not members of	32833
the council.	32834

Sec. 3306.30. (A) The board of education of each city,	32835
local, and exempted village school district, the governing	32836
authority of each community school established under Chapter 3314.	32837
of the Revised Code, and the governing body of each STEM school	32838
established under Chapter 3326. of the Revised Code annually shall	32839
submit to the department of education, by the date and in the	32840
manner prescribed by the superintendent of public instruction, a	32841
plan describing how the district or school will deploy the funds	32842
received under this chapter. The plan shall deploy the funds	32843
received for each component of the adequacy amount, shall comply	32844
with any applicable expenditure or reporting standard prescribed	32845
by rule adopted under section 3306.25 of the Revised Code, and in	32846
the case of school districts, shall comply with the operating	32847
standards adopted under division (D)(3) of section 3301.07 of	32848
the Revised Code and any directive of the superintendent of	32849
public instruction, unless a waiver has been granted under	32850
section 3306.40 of the Revised Code.	32851

(B) The department annually shall reconcile each spending	32852
plan submitted under this section with the actual spending of the	32853
district, community school, or STEM school. If the department	32854
finds that a district, community school, or STEM school has not	32855
complied any applicable expenditure or reporting standard	32856
prescribed by rule adopted under section 3306.25 of the Revised	32857
Code, the department shall proceed to take action under section	32858
3306.33 of the Revised Code.	32859

(C) If a school district, community school, or STEM school	32860
fails to submit a spending plan as required by this section or, as	32861
applicable, section 3306.31 of the Revised Code, the department	32862
shall proceed to take action under section 3306.33 of the Revised	32863
Code.	32864

Sec. 3306.31. (A) This section applies to any city, local,	32865
or exempted village school district that has a three-year average	32866
graduation rate, as defined in section 3301.0711 of the Revised	32867
Code, of eighty per cent or less.	32868

(B) The board of education of each school district to which	32869
this section applies shall implement actions prescribed by the	32870
governor's closing the achievement gap initiative in each of the	32871
following:	32872

(1) Each high school;

32873

(2) Each elementary or middle school in which less than fifty	32874
per cent of the students have attained a proficient score on the	32875
fourth or seventh grade achievement assessments in English	32876
language arts or mathematics required under section 3301.0710 of	32877
the Revised Code.	32878

(C) The board of education of each school district to which	32879
this section applies shall work with the department of education	32880
and the governor's closing the achievement gap initiative in	32881
developing its annual spending plan prior to submitting the plan	32882
under section 3306.30 of the Revised Code.	32883

(D) The board of each district to which this section applies	32884
shall create and staff, in each organizational unit, at least one	32885
position funded under division (A)(1) of section 3306.06 of the	32886
Revised Code. Each such position shall function as a linkage	32887
coordinator for closing the achievement gap and increasing the	32888
graduation rate. A linkage coordinator is a person, meeting	32889
guidelines established by the governor's closing the achievement	32890
gap initiative, who shall work with and who is the primary	32891
mentor, coach, and motivator for students identified as at risk	32892
of not graduating, as defined by the governor's closing the	32893
achievement gap initiative, and who coordinates those students'	32894
participation in academic programs, social service programs,	32895
out-of-school cultural and work-related experiences, and in-school	32896
and out-of-school mentoring programs, based on the students'	32897
needs. The linkage coordinator shall coordinate remedial	32898
disciplinary plans as needed and work with school personnel to	32899
gather student academic information and to engage parents of	32900
targeted students. The linkage coordinator shall serve as a	32901
liaison between the school and the governor's closing the	32902
achievement gap initiative and shall participate in all	32903
professional development activities as directed by the closing the	32904
achievement gap initiative. The linkage coordinator shall	32905
establish and coordinate the work of academic promotion teams,	32906
which shall address the academic and social needs of the	32907
identified students. The membership of teams in different schools	32908
may vary and may include the linkage coordinator, parents,	32909
teachers, principals, school nurses, school counselors, probation	32910
officers, or other school personnel or members of the community.	32911

(E) The governor's closing the achievement gap initiative	32912
shall work with each organizational unit of a school district to	32913
which this section applies to assess the progress in implementing	32914
prescribed activities, as required under division (B) of this	32915
section, and shall assist linkage coordinators, administrators,	32916
and other school staff in ensuring compliance with the district's	32917
spending plan required under section 3306.30 of the Revised Code.	32918

(F) The spending plan submitted under section 3306.30 of the	32919
Revised Code by a school district to which this section applies is	32920
subject to the approval of the superintendent of public	32921
instruction and the governor's closing the achievement gap	32922
initiative. If they disapprove a plan, the state superintendent	32923
shall do one of the following:	32924

(1) Modify the plan as the state superintendent considers	32925
appropriate and notify the district board of the modifications.	32926
The district board shall comply with the plan as modified by the	32927
state superintendent.	32928

(2) Return the spending plan and require the district board	32929
to modify the plan according to the state superintendent's	32930
instructions or recommendations. The district board shall modify	32931
the plan according to the state superintendent's instructions or	32932
recommendations and return the modified plan by a date specified	32933
by the state superintendent.	32934

(G) The department shall work with the governor's closing the	32935
achievement gap initiative in reconciling, under division (B) of	32936
section 3306.30 of the Revised Code, the spending plan submitted	32937
by a district to which this section applies with the district's	32938
actual spending.	32939

Sec. 3306.32. (A) Each city, local, exempted village, and	32940
joint vocational school district, each educational service center	32941
each community school established under Chapter 3314. of the	32942
Revised Code, and each STEM school established under Chapter	32943
3326. of the Revised Code shall undergo a performance review	32944
under this section at least once every five fiscal years under	32945
the direction of the department of education. If a school	32946
district board of education governs and controls a STEM school as	32947
described in section 3326.51 of the Revised Code, the performance	32948
review of that STEM school under this section shall be conducted	32949
at the time of and as part of the school district's performance	32950
review.	32951

(B) The office of school resource management of the	32952
department shall determine the order in which performance reviews	32953
shall be conducted under this section. After receiving	32954
recommendations from the office of school resource management,	32955
the state board of education and the auditor of state jointly	32956
shall adopt rules in accordance with Chapter 119. of the Revised	32957
Code prescribing the scope of the performance reviews.	32958

(C) The department may contract with the auditor of state,	32959
any other governmental entity, or any private entity to conduct	32960
performance reviews under this section.	32961

(D) Upon the conclusion of a performance review under this	32962
section, the contractor conducting the performance review shall	32963
submit a final review report to the state board, the office of	32964
school resource management, and the board, governing authority, or	32965
governing body of the district, service center, community school,	32966
or STEM school.	32967

(E) Not later than ninety days after the date of the final	32968
review report, the board, governing authority, or governing body	32969
of the district, community school, or STEM school shall submit to	32970
the office of school resource management a response to the	32971
report. The response shall address the findings and	32972
recommendations specified in the final review report and shall	32973
specify a timeline for implementing recommendations listed in the	32974
report. This division does not apply to any educational service	32975
center.	32976

(F) At the end of the timeline specified in the response, the	32977
board, governing authority, or governing body shall submit a	32978
report to the office of school resource management. The report	32979
shall explain the progress made in implementing each	32980
recommendation of the review report, specify the steps taken to	32981
implement each recommendation, and indicate for each	32982
recommendation whether and to what extent the recommendation has	32983
been implemented. This division does not apply to any educational	32984
service center.	32985

(G) If a district, community school, or STEM school fails to	32986
cooperate with a performance review under this section, or fails	32987
timely to submit a response or report under division (E) or (F) of	32988
this section that the office of school resource management finds	32989
satisfactory, the department shall proceed to take action under	32990
section 3306.33 of the Revised Code. This division does not apply	32991
to any educational service center.	32992

(H) The department shall pay the cost of each performance	32993
review under this section.	32994

Sec. 3306.321. (A) A performance review of an educational	32995
service center under section 3306.32 of the Revised Code shall	32996
examine the service center's delivery of services to local school	32997
districts and client districts as required by law and any	32998
contracts it has with those districts and whether that delivery of	32999
services comports with the requirements and specifications for	33000
those services, including the quality standards recommended by the	33001
state regional alliance advisory board under section 3312.12 of	33002
the Revised Code.	33003

(B) The department of education shall review the final report	33004
of the performance review of each educational service center and,	33005
if the findings indicate that the service center's services do not	33006
comport with the requirements and specifications for those	33007
services prescribed by law or contract, shall provide technical	33008
assistance to the service center in aligning its services with	33009
those requirements and specifications.	33010

(C) As used in this section, "client district" has the same	33011
meaning as in section 3317.1l of the Revised Code.	33012

Sec. 3306.33. (A) Not earlier than July 1, 2010, the	33013
department of education shall take action under this section	33014
with respect to a school district, community school established	33015
under Chapter 3314. of the Revised Code, or STEM school	33016
established under Chapter 3326. of the Revised Code in any of	33017
the following circumstances:	33018

(1) The department determines, based on its reconciliation	33019
under section 3306.30 of the Revised Code of a spending plan with	33020
actual spending, a site visit under section 3301.83 or 3314.39 of	33021
the Revised Code, or a determination under section 117.54 of the	33022
Revised Code, that the school district, community school, or STEM	33023
school has failed to comply with any applicable expenditure or	33024
reporting standard prescribed by rule adopted under section	33025
3306.25 of the Revised Code.	33026

(2) The district, community school, or STEM school fails to	33027
submit a spending plan under section 3306.30 and, if applicable,	33028
section 3306.31 of the Revised Code.	33029

(3) The district, community school, or STEM school fails to	33030
cooperate with a performance review under section 3306.31 of the	33031
Revised Code, fails timely to submit a response or report under	33032
division (E) or (F) of that section that the office of school	33033
resource management finds satisfactory, or fails to implement a	33034
recommendation set forth in a performance review report.	33035

(B) When a circumstance described in division (A) of this	33036
section applies, the department shall provide the school district,	33037
community school, or STEM school with technical assistance to	33038
bring the district or school into compliance with the expenditure	33039
and reporting standards adopted under section 3306.25 of the	33040
Revised Code and the requirements of this chapter, as applicable	33041
to the circumstance triggering action under this section. In	33042
addition, the board of the district, the governing authority of	33043
the community school, or the governing body of the STEM school	33044
shall take all of the following actions:	33045

(1) Develop and submit to the department a three-year	33046
operations improvement plan containing all of the following:	33047

(a) An analysis of the reasons for the failure to meet the	33048
applicable expenditure or reporting standards or requirements of	33049
this chapter;	33050

(b) Specific strategies the board, governing authority, or	33051
governing body will use to address the problems in meeting the	33052
standards or requirements;	33053

(c) Identification of the resources the board, governing	33054
authority, or governing body will use to meet the standards or	33055
requirements;	33056

(d) A description of how the board, governing authority, or	33057
governing body will measure its progress in meeting the standards	33058
or requirements.	33059

If the district or school is required to have a continuous	33060
improvement plan under section 3302.04 of the Revised Code, the	33061
three-year operations improvement plan required by this section	33062
shall be aligned with the continuous improvement plan.	33063

(2) Notify the parent or guardian of each student served by	33064
the district, community school, or STEM school, either in writing	33065
or by electronic means, of the standards or requirements that were	33066
not met, the actions being taken to meet the standards or	33067
requirements, and any progress achieved in the immediately	33068
preceding school year toward meeting the standards or	33069
requirements.	33070

(3) Present the plan, and take public testimony with respect	33071
to it, in a public hearing before the board, governing authority,	33072
or governing body.	33073

(C) When a circumstance described in division (A) of this	33074
section applies to a school district, community school, or STEM	33075
school for a second consecutive year, whether it is the same or a	33076
different circumstance, the department shall provide the district,	33077
community school, or STEM school with technical assistance to	33078
bring the district or school into compliance with the expenditure	33079
or reporting standards adopted under section 3306.25 of the	33080
Revised Code and the requirements of this chapter, as applicable	33081
to the circumstance triggering action under this section. In	33082
addition, both of the following apply:	33083

(1) The board, governing authority of the community school,	33084
or the governing body of the STEM school shall take all of the	33085
actions prescribed in divisions (B)(1) to (3) of this section;	33086

(2) The department shall establish a state intervention team	33087
to evaluate all aspects of the district's or school's operations,	33088
including, but not limited to, management, instructional methods,	33089
resource allocation, and scheduling. The intervention team shall	33090
include teachers and administrators recognized as outstanding in	33091
their fields. The team shall make recommendations regarding	33092
methods for bringing the district or school into compliance with	33093
the applicable standards adopted under section 3306.25 of the	33094
Revised Code and requirements of this chapter. The superintendent	33095
of public instruction shall establish guidelines for the	33096
intervention teams. The district or school shall pay the costs of	33097
the intervention team.	33098

(D) When a circumstance described in division (A) of this	33099
section applies to a school district, community school, or STEM	33100
school for a third consecutive year, whether it is the same or a	33101
different circumstance as in the preceding years, the	33102
superintendent of public instruction shall either:	33103

(1) Establish an accountability compliance commission under	33104
section 3306.34 of the Revised Code;	33105

(2) Appoint a trustee who shall govern the district,	33106
community school, or STEM school in place of the board of	33107
education of the school district, the governing authority of the	33108
community school, or the governing body of the STEM school until	33109
the beginning of the first year that none of the circumstances	33110
described in division (A) of this section apply to the district,	33111
community school, or STEM school.	33112

(E) When a circumstance described in division (A) of this	33113
section applies to a school district, community school, or STEM	33114
school for a fourth consecutive year, whether it is the same or a	33115
different circumstance as in the preceding years:	33116

(1) With respect to a school district, the state board of	33117
education shall proceed under section 3301.16 of the Revised Code	33118
to revoke the district's charter.	33119

(2) With respect to a community school or a STEM school, the	33120
department of education shall order the school to close, and the	33121
governing authority or the governing body shall permanently close	33122
the school.	33123

(F)(1) At any time, the state board may proceed under section	33124
3301.16 of the Revised Code to revoke the charter of a school	33125
district that fails to meet the operating standards established	33126
under division (D)(3) of section 3301.07 of the Revised Code or	33127
fails to comply with this section.	33128

(2) At any time, the department may order a community school	33129
or a STEM school to close if the school fails to comply with this	33130
section. In that case, the governing authority or the governing	33131
body shall permanently close the school.	33132

Sec. 3306.34. (A) Each accountability compliance commission	33133
appointed under division (D) of section 3306.33 of the Revised	33134
Code is a body both corporate and politic, constituting an agency	33135
and instrumentality of the state and performing essential	33136
governmental functions of the state. A commission shall be known	33137
as the "accountability compliance commission for ...............	33138
(name of school district, community school, or STEM school)," and,	33139
in that name, may exercise all authority vested in such a	33140
commission by this section. A separate commission shall be	33141
established for each school district, community school, or STEM	33142
school for which the superintendent of public instruction opts to	33143
establish a commission under division (D) of section 3306.33 of	33144
the Revised Code.	33145

(B) Each accountability commission shall consist of three	33146
members, one of whom shall be appointed by the governor, one of	33147
whom shall be appointed by the superintendent of public	33148
instruction, and one of whom shall be appointed by the auditor of	33149
state.	33150

All members shall serve at the pleasure of the appointing	33151
authority during the life of the commission. In the event of the	33152
death, resignation, incapacity, removal, or ineligibility to serve	33153
of a member, the appointing authority shall appoint a successor	33154
within fifteen days after the vacancy occurs. Members shall serve	33155
without compensation, but shall be paid by the commission their	33156
necessary and actual expenses incurred while engaged in the	33157
business of the commission.	33158

(C) Immediately after appointment of the initial members of	33159
an accountability compliance commission, the state superintendent	33160
shall call the first meeting of the commission and shall cause	33161
written notice of the time, date, and place of that meeting to be	33162
given to each member of the commission at least forty-eight hours	33163
in advance of the meeting. The first meeting shall include an	33164
overview of the commission's roles and responsibilities, the	33165
requirements of section 2921.42 and Chapter 102. of the Revised	33166
Code as they pertain to commission members, the requirements of	33167
section 121.22 of the Revised Code, and the provisions of division	33168
(F) of this section. At its first meeting, the commission shall	33169
adopt temporary bylaws in accordance with division (D) of this	33170
section to govern its operations until the adoption of permanent	33171
bylaws.	33172

The state superintendent shall designate a chairperson for	33173
the commission from among the members. The chairperson shall call	33174
and conduct meetings, set meeting agendas, and serve as a liaison	33175
between the commission and the district board of education, the	33176
community school governing authority, or STEM school governing	33177
body. The chairperson also shall appoint a secretary, who shall	33178
not be a member of the commission.	33179

The department of education shall provide administrative	33180
support for the commission, provide data requested by the	33181
commission, and inform the commission of available state resources	33182
that could assist the commission in its work.	33183

(D) Each accountability compliance commission may adopt and	33184
alter bylaws and rules, which shall not be subject to section	33185
111.15 or Chapter 119. of the Revised Code, for the conduct of its	33186
affairs and for the manner, subject to this section, in which its	33187
powers and functions shall be exercised and embodied.	33188

(E) Two members of an accountability compliance commission	33189
constitute a quorum of the commission. The affirmative vote of two	33190
members of the commission is necessary for any action taken by	33191
vote of the commission. No vacancy in the membership of the	33192
commission shall impair the rights of a quorum by such vote to	33193
exercise all the rights and perform all the duties of the	33194
commission. Members of the commission are not disqualified from	33195
voting by reason of the functions of any other office they hold	33196
and are not disqualified from exercising the functions of the	33197
other office with respect to the school district or community	33198
school or STEM school, its officers, or the commission.	33199

(F) The members of an accountability compliance commission,	33200
the state superintendent, and any person authorized to act on	33201
behalf of or assist them shall not be personally liable or subject	33202
to any suit, judgment, or claim for damages resulting from the	33203
exercise of or failure to exercise the powers, duties, and	33204
functions granted to them in regard to their functioning under	33205
this section, but the commission, state superintendent, and such	33206
other persons shall be subject to mandamus proceedings to compel	33207
performance of their duties under this section.	33208

(G) Each member of an accountability compliance commission	33209
shall file the statement described in section 102.02 of the	33210
Revised Code with the Ohio ethics commission. The statement shall	33211
be confidential, subject to review, as described in division (B)	33212
of that section.	33213

(H) Meetings of each accountability compliance commission	33214
shall be subject to section 121.22 of the Revised Code.	33215

(I) Each accountability compliance commission shall seek	33216
input from the district board of education, community school	33217
governing authority, or STEM school governing body regarding ways	33218
to improve the district's or school's operations and compliance	33219
with the requirements of this chapter and the expenditure and	33220
reporting standards prescribed by rule adopted under section	33221
3306.25 of the Revised Code, but any decision of the commission	33222
related to any authority granted to the commission under this	33223
section shall be final.	33224

The commission may do any of the following:

33225

(1) Prepare and submit the school district's, community	33226
school's, or STEM school's spending plan required under section	33227
3306.30 and, if applicable, section 3306.31 of the Revised Code;	33228

(2) Appoint school building administrators and reassign	33229
administrative personnel;	33230

(3) Terminate the contracts of administrators or	33231
administrative personnel. The commission shall not be required to	33232
comply with section 3319.16 of the Revised Code with respect to	33233
any contract terminated under this division.	33234

(4) Contract with a private entity to perform school or	33235
district management functions;	33236

(5) Establish a budget for the district or school and approve	33237
district or school appropriations and expenditures, unless, in the	33238
case of a school district, a financial planning and supervision	33239
commission has been established for the district pursuant to	33240
section 3316.05 of the Revised Code;	33241

(6) Exercise the powers, duties, and functions with respect	33242
to the district, community school, or STEM school as are granted	33243
to a financial planning and supervision commission with respect to	33244
a school district under divisions (A)(1) to (4) of section 3316.07	33245
of the Revised Code, unless a financial planning and supervision	33246
commission has been established for the district.	33247

(J) If the board of education of a school district, governing	33248
authority of a community school, or governing body of a STEM	33249
school for which an accountability compliance commission has been	33250
established renews any collective bargaining agreement under	33251
Chapter 4117. of the Revised Code during the existence of the	33252
commission, the board, governing authority, or governing body	33253
shall not enter into any agreement that would render any decision	33254
of the commission unenforceable.	33255

(K) An accountability compliance commission shall cease to	33256
exist at the beginning of the first year that none of the	33257
circumstances described in division (A) of section 3306.33 of the	33258
Revised Code apply to the district, community school, or STEM	33259
school.	33260

Sec. 3306.35. The department of education shall develop a	33261
form, which shall be known as the "Formula ACcountability and	33262
Transparency" form or "FACT" form. The department annually shall	33263
issue and publish on its web site a FACT form for each city,	33264
local, and exempted village school district, community school	33265
established under Chapter 3314. of the Revised Code, and STEM	33266
school established under Chapter 3326. of the Revised Code. The	33267
form shall compare the payments to the district or school under	33268
each component prescribed by this chapter with the district's or	33269
school's deployment of those payments as indicated in its spending	33270
plan submitted under section 3306.30 and, if applicable, 3306.31	33271
of the Revised Code. The form shall not be the basis of any	33272
actions under section 3306.33 of the Revised Code but shall be a	33273
public document to inform parents, students, and taxpayers about	33274
the district's or school's spending.	33275

Sec. 3306.40. The board of education of a school district,	33276
the governing authority of a community school established under	33277
Chapter 3314. of the Revised Code, or the governing body of a STEM	33278
school established under Chapter 3326. of the Revised Code may	33279
apply to the superintendent of public instruction for a waiver of	33280
any standard or requirement of this chapter, including any	33281
applicable expenditure or reporting standard prescribed by rule	33282
adopted under section 3306.25 of the Revised Code. The board of	33283
education of any school district also may apply to the state	33284
superintendent for a waiver of any operating standard adopted	33285
under division (D)(3) of section 3301.07 of the Revised Code.	33286

The state board of education shall adopt standards for the	33287
approval or disapproval of waivers under this section. The state	33288
superintendent shall consider every application for a waiver, and	33289
shall determine whether to grant or deny a waiver in accordance	33290
with the state board's standards. For each waiver granted, the	33291
state superintendent shall specify the period of time during which	33292
the waiver is in effect, which shall not exceed five years. A	33293
district, community school, or STEM school may apply to renew a	33294
waiver.	33295

Sec. 3306.50. (A) The Harmon commission is hereby created.

33296

(1) The commission shall consist of twenty-one members, each	33297
of whom must be one of the following:	33298

(a) A classroom teacher;

33299

(b) A school administrator;

33300

(c) An instructor at a teacher preparation program under	33301
section 3333.048 of the Revised Code.	33302

(2) The members shall be appointed as follows:

33303

(a) Eleven persons, who are not also members of the general	33304
assembly, appointed jointly by the speaker of the house of	33305
representatives and the president of the senate, upon consultation	33306
with the minority leader of the house of representatives and the	33307
minority leader of the senate;	33308

(b) Ten persons appointed by the governor.

33309

In making their respective appointments under this section,	33310
the appointing authorities shall consult with each other so that	33311
of the twenty-one members appointed to the commission, there are	33312
at least five members from each of the categories prescribed in	33313
divisions (A)(1)(a) to (c) of this section.	33314

The members appointed under division (A)(2)(a) of this	33315
section shall serve for the duration of the general assembly in	33316
which they were appointed.	33317

The members appointed under division (A)(2)(b) of this	33318
section shall serve for the duration of the term of the governor	33319
in which they were appointed.	33320

Vacancies on the commission shall be filled in the manner of	33321
the initial appointments.	33322

(B) The chairperson of the commission shall be selected by	33323
the governor from among the members of the commission.	33324

(C) The members of the commission shall serve without	33325
compensation but shall be paid by the department of education	33326
their necessary and actual expenses incurred while engaged in the	33327
business of the committee.	33328

Sec. 3306.51. The Harmon commission shall review and approve	33329
or disapprove applications from city, exempted village, and local	33330
school districts and community schools established under Chapter	33331
3314. of the Revised Code for individual classrooms to be	33332
designated as creative learning environments. To be eligible for	33333
designation of one or more of its classrooms as a creative	33334
learning environment, a community school shall enter into a	33335
memorandum of understanding, approved by the center for creativity	33336
and innovation in the department of education, with one or more	33337
school districts that specifies a collaborative agreement to share	33338
programming and resources to promote successful academic	33339
achievement for students and academic and fiscal efficiencies.	33340

The commission shall designate a classroom as a creative	33341
learning environment if the commission determines that the	33342
classroom supports and emphasizes innovation in instruction	33343
methods and lesson plans and operates in accordance with the	33344
guidelines adopted by the state board of education under section	33345
3306.52 of the Revised Code. Beginning July 1, 2010, a district	33346
or community school that has a classroom that is designated a	33347
creative learning environment may qualify for the pilot subsidy	33348
prescribed by section 3306.57 of the Revised Code.	33349

Sec. 3306.52. The state board of education shall do both of	33350
the following:	33351

(A) Adopt guidelines for the Harmon commission to use in	33352
reviewing applications for creative learning environments.	33353

(B) Direct the department of education, through the center	33354
for creativity and innovation, to provide staff to assist the	33355
commission in carrying out the commission's duties under sections	33356
3306.50 to 3306.56 of the Revised Code.	33357

Sec. 3306.53. From January 1, 2010, through April 14, 2010,	33358
a city, exempted village, or local school district and a	33359
community school may submit to the Harmon commission an unlimited	33360
number of applications for first-time designation of individual	33361
classrooms as creative learning environments. No applications may	33362
be submitted between April 15, 2010, and July 1, 2010. After July	33363
1, 2011, each city, exempted village, or local school district	33364
and each eligible community school may submit only one application	33365
per fiscal year for first-time designation of one classroom as a	33366
creative learning environment.	33367

Sec. 3306.54. Not later than the first day of May each year,	33368
the Harmon commission shall begin meeting to review pending	33369
applications for first-time designations submitted under section	33370
3306.53 of the Revised Code. The commission shall approve or	33371
disapprove all pending applications by the first day of July. The	33372
decision of the commission is final.	33373

Sec. 3306.55. (A) The Harmon commission's first-time	33374
designation of a classroom as a creative learning environment is	33375
valid for one fiscal year. A school district or community school	33376
may apply to have the designation renewed. The commission shall	33377
renew the designation for the next two fiscal years if the school	33378
district or community school applies for the renewal and the	33379
commission finds that the classroom continues to meet the	33380
guidelines adopted under section 3306.52 of the Revised Code. The	33381
commission shall not renew the designation if the school district	33382
or community school does not apply for renewal or if the	33383
commission determines that the classroom no longer meets those	33384
guidelines.	33385

(B) At the end of a two-year renewal granted under division	33386
(A) of this section, and every two fiscal years thereafter, the	33387
designation of a classroom as a creative learning environment is	33388
automatically renewed, without need for application, for the next	33389
two fiscal years, unless the designation is revoked under division	33390
(C) of this section.	33391

(C) If the department of education at any time finds that the	33392
classroom is no longer operating in accordance with the standards	33393
adopted under section 3306.52 of the Revised Code, the department	33394
shall appeal the designation to the commission not later than the	33395
fifteenth day of February. The commission shall review the	33396
operation of the classroom and either continue the designation or	33397
revoke the designation. A revocation shall take effect on the	33398
first day of July following the department's appeal.	33399

(D) The decision of the commission under divisions (A) to (C)	33400
of this section is final.	33401

(E) If the commission does not renew a designation of a	33402
classroom under division (A) of this section or revokes that	33403
designation under division (C) of this section, the district or	33404
community school may reapply for designation of the classroom	33405
under section 3306.53 of the Revised Code. That application shall	33406
be treated as a new application for first-time designation.	33407

Sec. 3306.56. The city, exempted village, or local school	33408
district or community school that operates a classroom designated	33409
by the Harmon commission as a creative learning environment shall	33410
submit periodic progress reports on the operation and performance	33411
of the classroom to the department of education in the manner and	33412
by the deadlines prescribed by the department.	33413

Sec. 3306.57. (A) To facilitate the pilot subsidy prescribed	33414
by this section, the department of education annually shall rank	33415
each city, exempted village, or local school district according to	33416
income factor, as defined in section 3317.02 of the Revised Code,	33417
from lowest to highest income factor.	33418

(B) Any school district that has one or more classrooms	33419
designated by the Harmon commission as a creative learning	33420
environment may apply for the pilot subsidy under this section if	33421
it is ranked in the lowest quintile according to income factor	33422
under division (A) of this section. Any community school	33423
established under Chapter 3314. of the Revised Code that has one	33424
or more classrooms designated by the Harmon commission as a	33425
creative learning environment may apply for the pilot subsidy.	33426
Each district and community school electing to apply shall do so	33427
in the manner and by the deadline established by the department.	33428
If more eligible districts and community schools apply for the	33429
subsidy than can be supported by the amount appropriated for the	33430
subsidy, the department shall select districts and community	33431
schools to receive the subsidy on a first-come, first served	33432
basis.	33433

(C) Each school district or community school selected by the	33434
department for the pilot subsidy shall receive for fiscal year	33435
2011 an amount equal to one hundred dollars for each student	33436
enrolled in a classroom operated by the district or community	33437
school that is designated as a creative learning environment.	33438

(D) The department shall require each school district and	33439
community school that applies for a subsidy under this section to	33440
provide to the department, in the manner prescribed by the	33441
department, any data the department determines is necessary to	33442
process the district's or community school's application or	33443
subsidy payment.	33444

Sec. 3307.15. (A) The members of the state teachers	33445
retirement board shall be the trustees of the funds created by	33446
section 3307.14 of the Revised Code. The board shall have full	33447
power to invest the funds. The board and other fiduciaries shall	33448
discharge their duties with respect to the funds solely in the	33449
interest of the participants and beneficiaries; for the exclusive	33450
purpose of providing benefits to participants and their	33451
beneficiaries and defraying reasonable expenses of administering	33452
the system; with care, skill, prudence, and diligence under the	33453
circumstances then prevailing that a prudent person acting in a	33454
like capacity and familiar with these matters would use in the	33455
conduct of an enterprise of a like character and with like aims;	33456
and by diversifying the investments of the system so as to	33457
minimize the risk of large losses, unless under the circumstances	33458
it is clearly prudent not to do so.	33459

To facilitate investment of the funds, the board may	33460
establish a partnership, trust, limited liability company,	33461
corporation, including a corporation exempt from taxation under	33462
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	33463
amended, or any other legal entity authorized to transact business	33464
in this state.	33465

(B) In exercising its fiduciary responsibility with respect	33466
to the investment of the funds, it shall be the intent of the	33467
board to give consideration to investments that enhance the	33468
general welfare of the state and its citizens where the	33469
investments offer quality, return, and safety comparable to other	33470
investments currently available to the board. In fulfilling this	33471
intent, equal consideration shall also be given to investments	33472
otherwise qualifying under this section that involve minority	33473
owned and controlled firms and firms owned and controlled by	33474
women, either alone or in joint venture with other firms.	33475

The board shall adopt, in regular meeting, policies,	33476
objectives, or criteria for the operation of the investment	33477
program that include asset allocation targets and ranges, risk	33478
factors, asset class benchmarks, time horizons, total return	33479
objectives, and performance evaluation guidelines. In adopting	33480
policies and criteria for the selection of agents and investment	33481
managers with whom the board may contract for the administration	33482
of the funds, the board shall comply with sections 3307.152 and	33483
3307.154 of the Revised Code and ~~shall~~may also ~~give equal~~	33484
~~consideration to~~set aside approximately fifteen per cent of the	33485
contracts for minority owned and controlled firms, firms owned	33486
and controlled by women, and ventures involving minority owned and	33487
controlled firms and firms owned and controlled by women that	33488
otherwise meet the policies and criteria established by the board.	33489
Amendments and additions to the policies and criteria shall be	33490
adopted in regular meeting. The board shall publish its policies,	33491
objectives, and criteria under this provision no less often than	33492
annually and shall make copies available to interested parties.	33493

When reporting on the performance of investments, the board	33494
shall comply with the performance presentation standards	33495
established by the association for investment management and	33496
research.	33497

(C) All bonds, notes, certificates, stocks, or other	33498
evidences of investments purchased by the board shall be delivered	33499
to the treasurer of state, who is hereby designated as custodian	33500
thereof, or to the treasurer of state's authorized agent, and the	33501
treasurer of state or the agent shall collect the principal,	33502
interest, dividends, and distributions that become due and payable	33503
and place them when so collected into the custodial funds.	33504
Evidences of title of the investments may be deposited by the	33505
treasurer of state for safekeeping with an authorized agent,	33506
selected by the treasurer of state, who is a qualified trustee	33507
under section 135.18 of the Revised Code. The treasurer of state	33508
shall pay for the investments purchased by the board on receipt of	33509
written or electronic instructions from the board or the board's	33510
designated agent authorizing the purchase and pending receipt of	33511
the evidence of title of the investment by the treasurer of state	33512
or the treasurer of state's authorized agent. The board may sell	33513
investments held by the board, and the treasurer of state or the	33514
treasurer of state's authorized agent shall accept payment from	33515
the purchaser and deliver evidence of title of the investment to	33516
the purchaser on receipt of written or electronic instructions	33517
from the board or the board's designated agent authorizing the	33518
sale, and pending receipt of the moneys for the investments. The	33519
amount received shall be placed into the custodial funds. The	33520
board and the treasurer of state may enter into agreements to	33521
establish procedures for the purchase and sale of investments	33522
under this division and the custody of the investments.	33523

(D) No purchase or sale of any investment shall be made under	33524
this section except as authorized by the board.	33525

(E) Any statement of financial position distributed by the	33526
board shall include the fair value, as of the statement date, of	33527
all investments held by the board under this section.	33528

Sec. 3307.155. (A) As used in this section:

33529

(1) "Minority business enterprise" has the meaning defined in	33530
section 122.71 of the Revised Code.	33531

(2) "Ohio-qualified investment manager" means an investment	33532
manager who has been designated as such by the state teachers	33533
retirement board under division (A) of section 3307.154 of the	33534
Revised Code.	33535

(3) "Women's business enterprise" means a business, or a	33536
partnership, corporation, limited liability company, or joint	33537
venture of any kind, that is owned and controlled by women who	33538
are United States citizens and residents of this state.	33539

(B) The state teachers retirement board shall submit annually	33540
to the governor, to the general assembly (under section 101.68	33541
of the Revised Code), and to the Ohio retirement study council a	33542
report containing the following information:	33543

(1) The name of each Ohio-qualified investment manager that	33544
is a minority business enterprise or a women's business enterprise	33545
with which the board contracts;	33546

(2) The amount of assets managed by Ohio-qualified investment	33547
managers that are minority business enterprises or women's	33548
business enterprises, expressed as a percentage of assets managed	33549
by Ohio-qualified investment managers with which the board has	33550
contracted;	33551

(3) Efforts by the board to increase utilization of	33552
Ohio-qualified investment managers that are minority business	33553
enterprises or women's business enterprises.	33554

Sec. 3307.31. (A) Payments by boards of education and	33555
governing authorities of community schools to the state teachers	33556
retirement system, as provided in sections 3307.29 and 3307.291 of	33557
the Revised Code, shall be made from the amount allocated under	33558
section 3314.08, Chapter 3306., or Chapter 3317. of the Revised	33559
Code prior to its distribution to the individual school districts	33560
or community schools. The amount due from each school district or	33561
community school shall be certified by the secretary of the	33562
system to the superintendent of public instruction monthly, or at	33563
such times as may be determined by the state teachers retirement	33564
board.	33565

The superintendent shall deduct, from the amount allocated to	33566
each district or community school under section 3314.08, Chapter	33567
3306., or Chapter 3317. of the Revised Code, the entire amounts	33568
due to the system from such district or school upon the	33569
certification to the superintendent by the secretary thereof.	33570

The superintendent shall certify to the director of budget	33571
and management the amounts thus due the system for payment.	33572

(B) Payments to the state teachers retirement system by a	33573
science, technology, engineering, and mathematics school shall be	33574
deducted from the amount allocated under section 3326.33 of the	33575
Revised Code and shall be made in the same manner as payments by	33576
boards of education under this section.	33577

Sec. 3307.64. A disability benefit recipient,	33578
notwithstanding section 3319.13 of the Revised Code, shall retain	33579
membership in the state teachers retirement system and shall be	33580
considered on leave of absence during the first five years	33581
following the effective date of a disability benefit.	33582

The state teachers retirement board shall require any	33583
disability benefit recipient to submit to an annual medical	33584
examination by a physician selected by the board, except that the	33585
board may waive the medical examination if the board's physician	33586
certifies that the recipient's disability is ongoing. If a	33587
disability benefit recipient refuses to submit to a medical	33588
examination, the recipient's disability benefit shall be suspended	33589
until the recipient withdraws the refusal. If the refusal	33590
continues for one year, all the recipient's rights under and to	33591
the disability benefit shall be terminated as of the effective	33592
date of the original suspension.	33593

After the examination, the examiner shall report and certify	33594
to the board whether the disability benefit recipient is no longer	33595
physically and mentally incapable of resuming the service from	33596
which the recipient was found disabled. If the board concurs in a	33597
report by the examining physician that the disability benefit	33598
recipient is no longer incapable, the payment of a disability	33599
benefit shall be terminated not later than the following	33600
thirty-first day of August or upon employment as a teacher prior	33601
thereto. If the leave of absence has not expired, the board shall	33602
so certify to the disability benefit recipient's last employer	33603
before being found disabled that the recipient is no longer	33604
physically and mentally incapable of resuming service that is the	33605
same or similar to that from which the recipient was found	33606
disabled. If the recipient was under contract at the time the	33607
recipient was found disabled, the employer by the first day of the	33608
next succeeding year shall restore the recipient to the	33609
recipient's previous position and salary or to a position and	33610
salary similar thereto, unless the recipient was dismissed or	33611
resigned in lieu of dismissal for dishonesty, misfeasance,	33612
malfeasance, or conviction of a felony.	33613

A disability benefit shall terminate if the disability	33614
benefit recipient becomes employed as a teacher in any public or	33615
private school or institution in this state or elsewhere. An	33616
individual receiving a disability benefit from the system shall be	33617
ineligible for any employment as a teacher and it shall be	33618
unlawful for any employer to employ the individual as a teacher.	33619
If any employer should employ or reemploy the individual prior to	33620
the termination of a disability benefit, the employer shall file	33621
notice of employment with the board designating the date of the	33622
employment. If the individual should be paid both a disability	33623
benefit and also compensation for teaching service for all or any	33624
part of the same month, the secretary of the board shall certify	33625
to the employer or to the superintendent of public instruction the	33626
amount of the disability benefit received by the individual during	33627
the employment, which amount shall be deducted from any amount due	33628
the employing district under ~~Chapter~~Chapters 3306. and 3317. of	33629
the Revised Code or shall be paid by the employer to the annuity	33630
and pension reserve fund.	33631

Each disability benefit recipient shall file with the board	33632
an annual statement of earnings, current medical information on	33633
the recipient's condition, and any other information required in	33634
rules adopted by the board. The board may waive the requirement	33635
that a disability benefit recipient file an annual statement of	33636
earnings or current medical information if the board's physician	33637
certifies that the recipient's disability is ongoing.	33638

The board shall annually examine the information submitted by	33639
the recipient. If a disability benefit recipient refuses to file	33640
the statement or information, the disability benefit shall be	33641
suspended until the statement and information are filed. If the	33642
refusal continues for one year, the recipient's right to the	33643
disability benefit shall be terminated as of the effective date of	33644
the original suspension.	33645

A disability benefit also may be terminated by the board at	33646
the request of the disability benefit recipient.	33647

If disability retirement under section 3307.63 of the Revised	33648
Code is terminated for any reason, the annuity and pension	33649
reserves at that time in the annuity and pension reserve fund	33650
shall be transferred to the teachers' savings fund and the	33651
employers' trust fund, respectively. If the total disability	33652
benefit paid was less than the amount of the accumulated	33653
contributions of the member transferred to the annuity and pension	33654
reserve fund at the time of the member's disability retirement,	33655
then the difference shall be transferred from the annuity and	33656
pension reserve fund to another fund as required. In determining	33657
the amount of a member's account following the termination of	33658
disability retirement for any reason, the total amount paid shall	33659
be charged against the member's refundable account.	33660

If a disability allowance paid under section 3307.631 of the	33661
Revised Code is terminated for any reason, the reserve on the	33662
allowance at that time in the annuity and pension reserve fund	33663
shall be transferred from that fund to the employers' trust fund.	33664

If a former disability benefit recipient again becomes a	33665
contributor, other than as an other system retirant under section	33666
3307.35 of the Revised Code, to this retirement system, the school	33667
employees retirement system, or the public employees retirement	33668
system, and completes at least two additional years of service	33669
credit, the former disability benefit recipient shall receive	33670
credit for the period as a disability benefit recipient.	33671

Sec. 3309.15. (A) The members of the school employees	33672
retirement board shall be the trustees of the funds created by	33673
section 3309.60 of the Revised Code. The board shall have full	33674
power to invest the funds. The board and other fiduciaries shall	33675
discharge their duties with respect to the funds solely in the	33676
interest of the participants and beneficiaries; for the exclusive	33677
purpose of providing benefits to participants and their	33678
beneficiaries and defraying reasonable expenses of administering	33679
the school employees retirement system; with care, skill,	33680
prudence, and diligence under the circumstances then prevailing	33681
that a prudent person acting in a like capacity and familiar with	33682
such matters would use in the conduct of an enterprise of a like	33683
character and with like aims; and by diversifying the investments	33684
of the system so as to minimize the risk of large losses, unless	33685
under the circumstances it is clearly prudent not to do so.	33686

The board may establish a partnership, trust, limited	33687
liability company, corporation, including a corporation exempt	33688
from taxation under the Internal Revenue Code, 100 Stat. 2085, 26	33689
U.S.C.A. 1, as amended, or any other legal entity authorized to	33690
transact business in this state.	33691

(B) In exercising its fiduciary responsibility with respect	33692
to the investment of the funds, it shall be the intent of the	33693
board to give consideration to investments that enhance the	33694
general welfare of the state and its citizens where the	33695
investments offer quality, return, and safety comparable to other	33696
investments currently available to the board. In fulfilling this	33697
intent, equal consideration shall also be given to investments	33698
otherwise qualifying under this section that involve minority	33699
owned and controlled firms and firms owned and controlled by	33700
women, either alone or in joint venture with other firms.	33701

The board shall adopt, in regular meeting, policies,	33702
objectives, or criteria for the operation of the investment	33703
program that include asset allocation targets and ranges, risk	33704
factors, asset class benchmarks, time horizons, total return	33705
objectives, and performance evaluation guidelines. In adopting	33706
policies and criteria for the selection of agents and investment	33707
managers with whom the board may contract for the administration	33708
of the funds, the board shall comply with sections 3309.157 and	33709
3309.159 of the Revised Code and ~~shall~~may also ~~give equal~~	33710
~~consideration to~~set aside approximately fifteen per cent of the	33711
contracts for minority owned and controlled firms, firms owned	33712
and controlled by women, and ventures involving minority owned and	33713
controlled firms and firms owned and controlled by women that	33714
otherwise meet the policies and criteria established by the board.	33715
Amendments and additions to the policies and criteria shall be	33716
adopted in regular meeting. The board shall publish its policies,	33717
objectives, and criteria under this provision no less often than	33718
annually and shall make copies available to interested parties.	33719

When reporting on the performance of investments, the board	33720
shall comply with the performance presentation standards	33721
established by the association for investment management and	33722
research.	33723

(C) All evidences of title of investments purchased by the	33724
board under this section shall be delivered to the treasurer of	33725
state, who is hereby designated as custodian thereof, or to the	33726
treasurer of state's authorized agent, and the treasurer of state	33727
or the agent shall collect principal, interest, dividends, and	33728
distributions that become due and payable and place the same when	33729
so collected into the custodial funds. Evidences of title of the	33730
investments may be deposited by the treasurer of state for	33731
safekeeping with an authorized agent, selected by the treasurer of	33732
state, who is a qualified trustee under section 135.18 of the	33733
Revised Code. The treasurer of state shall pay for the investments	33734
purchased by the board pending receipt of the evidence of title of	33735
the investments by the treasurer of state or to the treasurer of	33736
state's authorized agent, and on receipt of written or electronic	33737
instructions from the board or the board's designated agent	33738
authorizing the purchase. The board may sell any investments held	33739
by the board, and the treasurer of state or the treasurer of	33740
state's authorized agent shall accept payment from the purchaser	33741
and deliver evidence of title of the investment to the purchaser	33742
on receipt of written or electronic instructions from the board or	33743
the board's designated agent authorizing the sale, and pending	33744
receipt of the moneys for the investments. The amount received	33745
shall be placed into the custodial funds. The board and the	33746
treasurer of state may enter into agreements to establish	33747
procedures for the purchase and sale of investments under this	33748
division and the custody of the investment.	33749

(D) No purchase or sale of any investment shall be made under	33750
this section except as authorized by the school employees	33751
retirement board.	33752

(E) Any statement of financial position distributed by the	33753
board shall include the fair value, as of the statement date, of	33754
all investments held by the board under this section.	33755

Sec. 3309.1510. (A) As used in this section:

33756

(1) "Minority business enterprise" has the meaning defined in	33757
section 122.71 of the Revised Code.	33758

(2) "Ohio-qualified investment manager" means an investment	33759
manager who has been designated as such by the school employees	33760
retirement board under division (A) of section 3309.159 of the	33761
Revised Code.	33762

(3) "Women's business enterprise" means a business, or a	33763
partnership, corporation, limited liability company, or joint	33764
venture of any kind, that is owned and controlled by women who	33765
are United States citizens and residents of this state.	33766

(B) The school employees retirement board shall submit	33767
annually to the governor, to the general assembly (under section	33768
101.68 of the Revised Code), and to the Ohio retirement study	33769
council a report containing the following information:	33770

(1) The name of each Ohio-qualified investment manager that	33771
is a minority business enterprise or a women's business enterprise	33772
with which the board contracts;	33773

(2) The amount of assets managed by Ohio-qualified investment	33774
managers that are minority business enterprises or women's	33775
business enterprises, expressed as a percentage of assets managed	33776
by Ohio-qualified investment managers with which the board has	33777
contracted;	33778

(3) Efforts by the board to increase utilization of	33779
Ohio-qualified investment managers that are minority business	33780
enterprises or women's business enterprises.	33781

Sec. 3309.41. (A) A disability benefit recipient shall	33782
retain membership status and shall be considered on leave of	33783
absence from employment during the first five years following the	33784
effective date of a disability benefit, notwithstanding any	33785
contrary provisions in Chapter 124. or 3319. of the Revised Code.	33786

(B) The school employees retirement board shall require a	33787
disability benefit recipient to undergo an annual medical	33788
examination, except that the board may waive the medical	33789
examination if the board's physician or physicians certify that	33790
the recipient's disability is ongoing. Should any disability	33791
benefit recipient refuse to submit to a medical examination, the	33792
recipient's disability benefit shall be suspended until withdrawal	33793
of the refusal. Should the refusal continue for one year, all the	33794
recipient's rights in and to the disability benefit shall be	33795
terminated as of the effective date of the original suspension.	33796

(C) On completion of the examination by an examining	33797
physician or physicians selected by the board, the physician or	33798
physicians shall report and certify to the board whether the	33799
disability benefit recipient is no longer physically and mentally	33800
incapable of resuming the service from which the recipient was	33801
found disabled. If the board concurs in the report that the	33802
disability benefit recipient is no longer incapable, the payment	33803
of the disability benefit shall be terminated not later than three	33804
months after the date of the board's concurrence or upon	33805
employment as an employee. If the leave of absence has not	33806
expired, the retirement board shall certify to the disability	33807
benefit recipient's last employer before being found disabled that	33808
the recipient is no longer physically and mentally incapable of	33809
resuming service that is the same or similar to that from which	33810
the recipient was found disabled. The employer shall restore the	33811
recipient to the recipient's previous position and salary or to a	33812
position and salary similar thereto not later than the first day	33813
of the first month following termination of the disability	33814
benefit, unless the recipient was dismissed or resigned in lieu of	33815
dismissal for dishonesty, misfeasance, malfeasance, or conviction	33816
of a felony.	33817

(D) Each disability benefit recipient shall file with the	33818
board an annual statement of earnings, current medical information	33819
on the recipient's condition, and any other information required	33820
in rules adopted by the board. The board may waive the requirement	33821
that a disability benefit recipient file an annual statement of	33822
earnings or current medical information on the recipient's	33823
condition if the board's physician or physicians certify that the	33824
recipient's disability is ongoing.	33825

The board shall annually examine the information submitted by	33826
the recipient. If a disability benefit recipient refuses to file	33827
the statement or information, the disability benefit shall be	33828
suspended until the statement and information are filed. If the	33829
refusal continues for one year, the recipient's right to the	33830
disability benefit shall be terminated as of the effective date of	33831
the original suspension.	33832

(E) If a disability benefit recipient is employed by an	33833
employer covered by this chapter, the recipient's disability	33834
benefit shall cease.	33835

(F) If disability retirement under section 3309.40 of the	33836
Revised Code is terminated for any reason, the annuity and pension	33837
reserves at that time in the annuity and pension reserve fund	33838
shall be transferred to the employees' savings fund and the	33839
employers' trust fund, respectively. If the total disability	33840
benefit paid is less than the amount of the accumulated	33841
contributions of the member transferred into the annuity and	33842
pension reserve fund at the time of the member's disability	33843
retirement, the difference shall be transferred from the annuity	33844
and pension reserve fund to another fund as may be required. In	33845
determining the amount of a member's account following the	33846
termination of disability retirement for any reason, the amount	33847
paid shall be charged against the member's refundable account.	33848

If a disability allowance paid under section 3309.401 of the	33849
Revised Code is terminated for any reason, the reserve on the	33850
allowance at that time in the annuity and pension reserve fund	33851
shall be transferred from that fund to the employers' trust fund.	33852

The board may terminate a disability benefit at the request	33853
of the recipient.	33854

(G) If a disability benefit is terminated and a former	33855
disability benefit recipient again becomes a contributor, other	33856
than as an other system retirant as defined in section 3309.341 of	33857
the Revised Code, to this system, the public employees retirement	33858
system, or the state teachers retirement system, and completes an	33859
additional two years of service credit after the termination of	33860
the disability benefit, the former disability benefit recipient	33861
shall be entitled to full service credit for the period as a	33862
disability benefit recipient.	33863

(H) If any employer employs any member who is receiving a	33864
disability benefit, the employer shall file notice of employment	33865
with the retirement board, designating the date of employment. In	33866
case the notice is not filed, the total amount of the benefit paid	33867
during the period of employment prior to notice shall be paid from	33868
amounts allocated under ~~Chapter~~Chapters 3306. and 3317. of the	33869
Revised Code prior to its distribution to the school district in	33870
which the disability benefit recipient was so employed.	33871

Sec. 3309.48. Any employee who left the service of an	33872
employer after attaining age sixty-five or over and such employer	33873
had failed or refused to deduct and transmit to the school	33874
employees retirement system the employee contributions as required	33875
by section 3309.47 of the Revised Code during any year for which	33876
membership was compulsory as determined by the school employees	33877
retirement board, shall be granted service credit without cost,	33878
which shall be considered as total service credit for the purposes	33879
of meeting the qualifications for service retirement provided by	33880
the law in effect on and retroactive to the first eligible	33881
retirement date following the date such employment terminated, but	33882
shall not be paid until formal application for such allowance on a	33883
form provided by the retirement board is received in the office of	33884
the retirement system. The total service credit granted under this	33885
section shall not exceed ten years for any such employee.	33886

The liability incurred by the retirement board because of the	33887
service credit granted under this section shall be determined by	33888
the retirement board, the cost of which shall be equal to an	33889
amount that is determined by applying the combined employee and	33890
employer rates of contribution against the compensation of such	33891
employee at the rates of contribution and maximum salary	33892
provisions in effect during such employment for each year for	33893
which credit is granted, together with interest at the rate to be	33894
credited accumulated contributions at retirement, compounded	33895
annually from the first day of the month payment was due the	33896
retirement system to and including the month of deposit, the total	33897
amount of which shall be collected from the employer. Such amounts	33898
shall be certified by the retirement board to the superintendent	33899
of public instruction, who shall deduct the amount due the system	33900
from any funds due the affected school district under ~~Chapter~~	33901
Chapters 3306. and 3317. of the Revised Code. The superintendent	33902
shall certify to the director of budget and management the amount	33903
due the system for payment. The total amount paid shall be	33904
deposited into the employers' trust fund, and shall not be	33905
considered as accumulated contributions of the employee in the	33906
event of ~~his~~the employee's death or withdrawal of funds.	33907

Sec. 3309.51. (A) Each employer shall pay annually into the	33908
employers' trust fund, in such monthly or less frequent	33909
installments as the school employees retirement board requires, an	33910
amount certified by the school employees retirement board, which	33911
shall be as required by Chapter 3309. of the Revised Code.	33912

Payments by school district boards of education to the	33913
employers' trust fund of the school employees retirement system	33914
may be made from the amounts allocated under ~~Chapter~~Chapters	33915
3306. and 3317. of the Revised Code prior to their distribution to	33916
the individual school districts. The amount due from each school	33917
district may be certified by the secretary of the system to the	33918
superintendent of public instruction monthly, or at such times as	33919
is determined by the school employees retirement board.	33920

Payments by governing authorities of community schools to the	33921
employers' trust fund of the school employees retirement system	33922
shall be made from the amounts allocated under ~~section~~sections	33923
3306.16 and 3314.08 of the Revised Code prior to their	33924
distribution to the individual community schools. The amount due	33925
from each community school shall be certified by the secretary of	33926
the system to the superintendent of public instruction monthly,	33927
or at such times as determined by the school employees retirement	33928
board.	33929

Payments by a science, technology, engineering, and	33930
mathematics school, other than one governed as provided in section	33931
3326.51 of the Revised Code, to the employers' trust fund of the	33932
school employees retirement system shall be made from the amounts	33933
allocated under ~~section~~sections 3306.17, 3326.33, and 3326.34 of	33934
the Revised Code prior to their distribution to the school. The	33935
amount due from a science, technology, engineering, and	33936
mathematics school shall be certified by the secretary of the	33937
school employees retirement system to the superintendent of	33938
public instruction monthly, or at such times as determined by the	33939
school employees retirement board.	33940

(B) The superintendent shall deduct from the amount allocated	33941
to each community school under ~~section~~sections 3306.16 and	33942
3314.08 of the Revised Code, to each school district under	33943
~~Chapter~~Chapters 3306. and 3317. of the Revised Code, or to each	33944
science, technology, engineering, and mathematics school under	33945
~~section~~sections 3306.17, 3326.33, and 3326.34 of the Revised Code	33946
the entire amounts due to the school employees retirement system	33947
from such school or school district upon the certification to	33948
the superintendent by the secretary thereof.	33949

(C) Where an employer fails or has failed or refuses to make	33950
payments to the employers' trust fund, as provided for under	33951
Chapter 3309. of the Revised Code, the secretary of the school	33952
employees retirement system may certify to the state	33953
superintendent of public instruction, monthly or at such times as	33954
is determined by the school employees retirement board, the amount	33955
due from such employer, and the superintendent shall deduct from	33956
the amount allocated to the employer under section 3314.08 or,	33957
3326.33, or 3326.34 or Chapter 3306. or 3317. of the Revised	33958
Code, as applicable, the entire amounts due to the system from	33959
the employer upon the certification to the superintendent by the	33960
secretary of the school employees retirement system.	33961

(D) The superintendent shall certify to the director of	33962
budget and management the amounts thus due the system for	33963
payment.	33964

Sec. 3310.03. (A) A student is an "eligible student" for	33965
purposes of the educational choice scholarship pilot program if	33966
the student's resident district is not a school district in which	33967
the pilot project scholarship program is operating under sections	33968
3313.974 to 3313.979 of the Revised Code; the student is not	33969
enrolled, for any portion of the school year in which the student	33970
submits an application for the scholarship, in a nonpublic school;	33971
and the student satisfies one of the following conditions:	33972

(1) The student is enrolled in a school building that is	33973
operated by the student's resident district and to which both of	33974
the following apply:	33975

(a) The building was declared, in at least two of the three	33976
most recent ratings of school buildings published prior to the	33977
first day of July of the school year for which a scholarship is	33978
sought, to be in a state of academic emergency or academic watch	33979
under section 3302.03 of the Revised Code;	33980

(b) The building was not declared to be excellent or	33981
effective under that section in the most recent rating published	33982
prior to the first day of July of the school year for which a	33983
scholarship is sought.	33984

(2) The student is eligible to enroll in kindergarten in the	33985
school year for which a scholarship is sought and otherwise would	33986
be assigned under section 3319.01 of the Revised Code to a school	33987
building described in division (A)(1) of this section.	33988

(3) The student is enrolled in a community school established	33989
under Chapter 3314. of the Revised Code but otherwise would be	33990
assigned under section 3319.01 of the Revised Code to a building	33991
described in division (A)(1) of this section.	33992

(4) The student is enrolled in a school building that is	33993
operated by the student's resident district or in a community	33994
school established under Chapter 3314. of the Revised Code and	33995
otherwise would be assigned under section 3319.01 of the Revised	33996
Code to a school building described in division (A)(1) of this	33997
section in the school year for which the scholarship is sought.	33998

(5) The student is eligible to enroll in kindergarten in the	33999
school year for which a scholarship is sought, or is enrolled in a	34000
community school established under Chapter 3314. of the Revised	34001
Code, and all of the following apply to the student's resident	34002
district:	34003

(a) The district has in force an intradistrict open	34004
enrollment policy under which no student in kindergarten or the	34005
community school student's grade level, respectively, is	34006
automatically assigned to a particular school building;	34007

(b) In at least two of the three most recent ratings of	34008
school districts published prior to the first day of July of the	34009
school year for which a scholarship is sought, the district was	34010
declared to be in a state of academic emergency under section	34011
3302.03 of the Revised Code;	34012

(c) The district was not declared to be excellent or	34013
effective under that section in the most recent rating published	34014
prior to the first day of July of the school year for which a	34015
scholarship is sought.	34016

(B) A student who receives a scholarship under the	34017
educational choice scholarship pilot program remains an eligible	34018
student and may continue to receive scholarships in subsequent	34019
school years until the student completes grade twelve, so long as	34020
all of the following apply:	34021

(1) The student's resident district remains the same, or the	34022
student transfers to a new resident district and otherwise would	34023
be assigned in the new resident district to a school building	34024
described in division (A)(1) of this section;	34025

(2) The student takes each ~~state test~~assessment prescribed	34026
for the student's grade level under section 3301.0710 or	34027
3301.0712 of the Revised Code while enrolled in a chartered	34028
nonpublic school;	34029

(3) In each school year that the student is enrolled in a	34030
chartered nonpublic school, the student is absent from school for	34031
not more than twenty days that the school is open for instruction,	34032
not including excused absences.	34033

(C) The department shall cease awarding first-time	34034
scholarships pursuant to divisions (A)(1) to (4) of this section	34035
with respect to a school building that, in the most recent ratings	34036
of school buildings published under section 3302.03 of the Revised	34037
Code prior to the first day of July of the school year, ceases to	34038
meet the criteria in division (A)(1) of this section. The	34039
department shall cease awarding first-time scholarships pursuant	34040
to division (A)(5) of this section with respect to a school	34041
district that, in the most recent ratings of school districts	34042
published under section 3302.03 of the Revised Code prior to the	34043
first day of July of the school year, ceases to meet the criteria	34044
in division (A)(5) of this section. However, students who have	34045
received scholarships in the prior school year remain eligible	34046
students pursuant to division (B) of this section.	34047

(D) The state board of education shall adopt rules defining	34048
excused absences for purposes of division (B)(3) of this section.	34049

Sec. 3310.08. (A) The amount paid for an eligible student	34050
under the educational choice scholarship pilot program shall be	34051
the lesser of the tuition of the chartered nonpublic school in	34052
which the student is enrolled or the maximum amount prescribed in	34053
section 3310.09 of the Revised Code.	34054

(B)(1) The department shall pay to the parent of each	34055
eligible student for whom a scholarship is awarded under the	34056
program, or to the student if at least eighteen years of age,	34057
periodic partial payments of the scholarship.	34058

(2) The department shall proportionately reduce or terminate	34059
the payments for any student who withdraws from a chartered	34060
nonpublic school prior to the end of the school year.	34061

(C)(1) The department shall deduct five thousand two hundred	34062
dollars from the payments made to each school district under	34063
~~Chapter~~Chapters 3306. and 3317. and, if necessary, sections	34064
321.24 and 323.156 of the Revised Code ~~one of the following~~	34065
~~amounts, as applicable~~, for each eligible student awarded a	34066
scholarship under the educational choice scholarship pilot	34067
program who is entitled under section 3313.64 or 3313.65 of the	34068
Revised Code to attend school in the district:	34069

~~(a) For each scholarship student enrolled in kindergarten,~~	34070
~~two thousand seven hundred dollars;~~	34071

~~(b) For each scholarship student enrolled in grades one to~~	34072
~~twelve, five thousand two hundred dollars~~.	34073

The amount deducted under division (C)(1) of this section	34074
funds scholarships for students under both the educational choice	34075
scholarship pilot program and the pilot project scholarship	34076
program under sections 3313.974 to 3313.979 of the Revised Code.	34077

(2) If the department reduces or terminates payments to a	34078
parent or a student, as prescribed in division (B)(2) of this	34079
section, and the student enrolls in the schools of the student's	34080
resident district ~~or in a community school, established under~~	34081
~~Chapter 3314. of the Revised Code,~~ before the end of the school	34082
year, the department shall proportionally restore to the resident	34083
district the amount deducted for that student under division	34084
(C)(1) of this section.	34085

(D) In the case of any school district from which a deduction	34086
is made under division (C) of this section, the department shall	34087
disclose on the district's SF-3 form, or any successor to that	34088
form used to calculate a district's state funding for operating	34089
expenses, a comparison of the following:	34090

(1) The district's ~~state base-cost~~state share of the	34091
adequacy amount payment, as calculated under ~~division (A)(1) of~~	34092
section ~~3317.022~~3306.13 of the Revised Code ~~prior to making the~~	34093
~~adjustments under divisions (A)(2) and (3) of that section,~~ with	34094
the scholarship students included in the district's formula ADM;	34095

(2) What the district's state ~~base-cost~~share of the	34096
adequacy amount payment would have been, as calculated under	34097
~~division (A)(1) of~~ that section ~~prior to making the adjustments~~	34098
~~under divisions (A)(2) and (3) of that section,~~ if the scholarship	34099
students were not included in the district's formula ADM.	34100

This comparison shall display both the aggregate difference	34101
between the amounts described in divisions (D)(1) and (2) of this	34102
section, and the quotient of that aggregate difference divided by	34103
the number of eligible students for whom deductions are made under	34104
division (C) of this section.	34105

Sec. 3310.09. ~~(A)~~ The maximum amount awarded to an eligible	34106
student ~~in fiscal year 2007~~ under the educational choice	34107
scholarship pilot program shall be as follows:	34108

~~(1)~~(A) For grades kindergarten through eight, four thousand	34109
~~two~~five hundred ~~fifty~~ dollars;	34110

~~(2)~~(B) For grades nine through twelve, five thousand three	34111
hundred dollars.	34112

~~(B) In fiscal year 2008 and in each fiscal year thereafter,~~	34113
~~the maximum amount awarded under the program shall be the~~	34114
~~applicable maximum amount awarded in the previous fiscal year~~	34115
~~increased by the same percentage by which the general assembly~~	34116
~~increased the formula amount, as defined in section 3317.02 of the~~	34117
~~Revised Code, from the previous fiscal year.~~	34118

Sec. 3310.11. (A) Only for the purpose of administering the	34119
educational choice scholarship pilot program, the department of	34120
education may request from any of the following entities the data	34121
verification code assigned under division (D)(2) of section	34122
3301.0714 of the Revised Code to any student who is seeking a	34123
scholarship under the program:	34124

(1) The student's resident district;

34125

(2) If applicable, the community school in which that student	34126
is enrolled;	34127

(3) The independent contractor engaged to create and maintain	34128
student data verification codes.	34129

(B) Upon a request by the department under division (A) of	34130
this section for the data verification code of a student seeking a	34131
scholarship or a request by the student's parent for that code,	34132
the school district or community school shall submit that code to	34133
the department or parent in the manner specified by the	34134
department. If the student has not been assigned a code, because	34135
the student will be entering kindergarten during the school year	34136
for which the scholarship is sought, the district shall assign a	34137
code to that student and submit the code to the department or	34138
parent by a date specified by the department. If the district does	34139
not assign a code to the student by the specified date, the	34140
department shall assign a code to that student.	34141

The department annually shall submit to each school district	34142
the name and data verification code of each student residing in	34143
the district who is entering kindergarten, who has been awarded a	34144
scholarship under the program, and for whom the department has	34145
assigned a code under this division.	34146

(C) For the purpose of administering the applicable ~~tests~~	34147
assessments prescribed under sections 3301.0710 and 3301.0712 of	34148
the Revised Code, as required by section 3310.14 of the Revised	34149
Code, the department shall provide to each chartered nonpublic	34150
school that enrolls a scholarship student the data verification	34151
code for that student.	34152

(D) The department and each chartered nonpublic school that	34153
receives a data verification code under this section shall not	34154
release that code to any person except as provided by law.	34155

Any document relative to this program that the department	34156
holds in its files that contains both a student's name or other	34157
personally identifiable information and the student's data	34158
verification code shall not be a public record under section	34159
149.43 of the Revised Code.	34160

Sec. 3310.14. Notwithstanding division (K) of section	34161
3301.0711 of the Revised Code, each chartered nonpublic school	34162
that enrolls students awarded scholarships under sections 3310.01	34163
to 3310.17 of the Revised Code annually shall administer the ~~tests~~	34164
assessments prescribed by section 3301.0710 or 3301.0712 of the	34165
Revised Code to each scholarship student enrolled in the school	34166
in accordance with section 3301.0711 of the Revised Code. Each	34167
chartered nonpublic school shall report to the department of	34168
education the results of each ~~test~~assessment administered to	34169
each scholarship student under this section.	34170

Nothing in this section requires a chartered nonpublic school	34171
to administer any achievement ~~test~~assessment, except for an Ohio	34172
graduation test prescribed by division (B)(1) of section	34173
3301.0710 of the Revised Code, as required by section 3313.612 of	34174
the Revised Code, to any student enrolled in the school who is	34175
not a scholarship student.	34176

Sec. 3310.15. (A) The department of education annually	34177
shall compile the scores attained by scholarship students to whom	34178
an assessment is administered under section 3310.14 of the Revised	34179
Code. The scores shall be aggregated as follows:	34180

(1) By state, which shall include all students awarded a	34181
scholarship under the educational choice scholarship pilot program	34182
and who were required to take an assessment under section 3310.14	34183
of the Revised Code;	34184

(2) By school district, which shall include all scholarship	34185
students who were required to take an assessment under section	34186
3310.14 of the Revised Code and for whom the district is the	34187
student's resident district;	34188

(3) By chartered nonpublic school, which shall include all	34189
scholarship students enrolled in that school who were required to	34190
take an assessment under section 3310.14 of the Revised Code.	34191

(B) The department shall disaggregate the student performance	34192
data described in division (A) of this section according to the	34193
following categories:	34194

(1) Age;

34195

(2) Race and ethnicity;

34196

(3) Gender;

34197

(4) Students who have participated in the scholarship program	34198
for three or more years;	34199

(5) Students who have participated in the scholarship program	34200
for more than one year and less than three years;	34201

(6) Students who have participated in the scholarship program	34202
for one year or less;	34203

(7) Economically disadvantaged students.

34204

(C) The department shall post the student performance data	34205
required under divisions (A) and (B) of this section on its web	34206
site and, by the first day of February each year, shall distribute	34207
that data to the parent of each eligible student. In reporting	34208
student performance data under this division, the department shall	34209
not include any data that is statistically unreliable or that	34210
could result in the identification of individual students. For	34211
this purpose, the department shall not report performance data for	34212
any group that contains less than ten students.	34213

(D) The department shall provide the parent of each	34214
scholarship student with information comparing the student's	34215
performance on the assessments administered under section 3310.14	34216
of the Revised Code with the average performance of similar	34217
students enrolled in the building operated by the student's	34218
resident district that the scholarship student would otherwise	34219
attend. In calculating the performance of similar students, the	34220
department shall consider age, grade, race and ethnicity, gender,	34221
and socioeconomic status.	34222

Sec. 3310.41. (A) As used in this section:

34223

(1) "Alternative public provider" means either of the	34224
following providers that agrees to enroll a child in the	34225
provider's special education program to implement the child's	34226
individualized education program and to which the child's parent	34227
owes fees for the services provided to the child:	34228

(a) A school district that is not the school district in	34229
which the child is entitled to attend school;	34230

(b) A public entity other than a school district.

34231

(2) "Entitled to attend school" means entitled to attend	34232
school in a school district under section 3313.64 or 3313.65 of	34233
the Revised Code.	34234

(3) "Formula ADM" and "category six special education ADM"	34235
have the same meanings as in section 3317.02 of the Revised Code.	34236

(4) "Preschool child with a disability" and "individualized	34237
education program" have the same meanings as in section 3323.01	34238
of the Revised Code.	34239

(5) "Parent" has the same meaning as in section 3313.64 of	34240
the Revised Code, except that "parent" does not mean a parent	34241
whose custodial rights have been terminated.	34242

(6) "Preschool scholarship ADM" means the number of	34243
preschool children with disabilities reported under division	34244
(B)(3)(h) of section 3317.03 of the Revised Code.	34245

(7) "Qualified special education child" is a child for whom	34246
all of the following conditions apply:	34247

(a) The school district in which the child is entitled to	34248
attend school has identified the child as autistic. A child who	34249
has been identified as having a "pervasive developmental disorder	34250
- not otherwise specified (PPD-NOS)" shall be considered to be an	34251
autistic child for purposes of this section.	34252

(b) The school district in which the child is entitled to	34253
attend school has developed an individualized education program	34254
under Chapter 3323. of the Revised Code for the child.	34255

34256

(i) Was enrolled in the school district in which the child is	34257
entitled to attend school in any grade from preschool through	34258
twelve in the school year prior to the year in which a scholarship	34259
under this section is first sought for the child; or	34260

(ii) Is eligible to enter school in any grade preschool	34261
through twelve in the school district in which the child is	34262
entitled to attend school in the school year in which a	34263
scholarship under this section is first sought for the child.	34264

(8) "Registered private provider" means a nonpublic school or	34265
other nonpublic entity that has been approved by the department	34266
of education to participate in the program established under this	34267
section.	34268

(9) "Special education program" means a school or facility	34269
that provides special education and related services to children	34270
with disabilities.	34271

(B) There is hereby established the autism scholarship	34272
program. Under the program, the department of education shall pay	34273
a scholarship to the parent of each qualified special education	34274
child upon application of that parent pursuant to procedures and	34275
deadlines established by rule of the state board of education.	34276
Each scholarship shall be used only to pay tuition for the child	34277
on whose behalf the scholarship is awarded to attend a special	34278
education program that implements the child's individualized	34279
education program and that is operated by an alternative public	34280
provider or by a registered private provider. Each scholarship	34281
shall be in an amount not to exceed the lesser of the tuition	34282
charged for the child by the special education program or twenty	34283
thousand dollars. The purpose of the scholarship is to permit the	34284
parent of a qualified special education child the choice to send	34285
the child to a special education program, instead of the one	34286
operated by or for the school district in which the child is	34287
entitled to attend school, to receive the services prescribed in	34288
the child's individualized education program once the	34289
individualized education program is finalized. A scholarship under	34290
this section shall not be awarded to the parent of a child while	34291
the child's individualized education program is being developed by	34292
the school district in which the child is entitled to attend	34293
school, or while any administrative or judicial mediation or	34294
proceedings with respect to the content of the child's	34295
individualized education program are pending. A scholarship under	34296
this section shall not be used for a child to attend a public	34297
special education program that operates under a contract, compact,	34298
or other bilateral agreement between the school district in which	34299
the child is entitled to attend school and another school district	34300
or other public provider, or for a child to attend a community	34301
school established under Chapter 3314. of the Revised Code.	34302
However, nothing in this section or in any rule adopted by the	34303
state board shall prohibit a parent whose child attends a public	34304
special education program under a contract, compact, or other	34305
bilateral agreement, or a parent whose child attends a community	34306
school, from applying for and accepting a scholarship under this	34307
section so that the parent may withdraw the child from that	34308
program or community school and use the scholarship for the child	34309
to attend a special education program for which the parent is	34310
required to pay for services for the child. A child attending a	34311
special education program with a scholarship under this section	34312
shall continue to be entitled to transportation to and from that	34313
program in the manner prescribed by law.	34314

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	34315
(B)(10) of section 3317.03 of the Revised Code, a child who is not	34316
a preschool child with a disability for whom a scholarship is	34317
awarded under this section shall be counted in the formula ADM	34318
and the category six special education ADM of the district in	34319
which the child is entitled to attend school and not in the	34320
formula ADM and the category six special education ADM of any	34321
other school district. As prescribed in divisions (B)(3)(h) and	34322
(B)(10) of section 3317.03 of the Revised Code, a child who is a	34323
preschool child with a disability for whom a scholarship is	34324
awarded under this section shall be counted in the preschool	34325
scholarship ADM and category six special education ADM of the	34326
school district in which the child is entitled to attend school	34327
and not in the preschool scholarship ADM or category six special	34328
education ADM of any other school district.	34329

(2) In each fiscal year, the department shall deduct from the	34330
amounts paid to each school district under ~~Chapter~~Chapters 3306.	34331
and 3317. of the Revised Code, and, if necessary, sections 321.24	34332
and 323.156 of the Revised Code, the aggregate amount of	34333
scholarships awarded under this section for qualified special	34334
education children included in the formula ADM, or preschool	34335
scholarship ADM, and in the category six special education ADM of	34336
that school district as provided in division (C)(1) of this	34337
section. ~~The~~When computing the school district's instructional	34338
services support under section 3306.05 of the Revised Code, the	34339
department shall add the district's preschool scholarship ADM to	34340
the district's formula ADM.	34341

The scholarships deducted shall be considered as an approved	34342
special education and related services expense ~~for the purpose~~ of	34343
the school ~~district's compliance with division (C)(5) of section~~	34344
~~3317.022 of the Revised Code~~district.	34345

(3) From time to time, the department shall make a payment to	34346
the parent of each qualified special education child for whom a	34347
scholarship has been awarded under this section. The scholarship	34348
amount shall be proportionately reduced in the case of any such	34349
child who is not enrolled in the special education program for	34350
which a scholarship was awarded under this section for the entire	34351
school year. The department shall make no payments to the parent	34352
of a child while any administrative or judicial mediation or	34353
proceedings with respect to the content of the child's	34354
individualized education program are pending.	34355

(D) A scholarship shall not be paid to a parent for payment	34356
of tuition owed to a nonpublic entity unless that entity is a	34357
registered private provider. The department shall approve	34358
entities that meet the standards established by rule of the state	34359
board for the program established under this section.	34360

(E) The state board shall adopt rules under Chapter 119. of	34361
the Revised Code prescribing procedures necessary to implement	34362
this section, including, but not limited to, procedures and	34363
deadlines for parents to apply for scholarships, standards for	34364
registered private providers, and procedures for approval of	34365
entities as registered private providers.	34366

Sec. 3311.0510. (A) If all of the local school districts	34367
that make up the territory of an educational service center have	34368
severed from the territory of that service center pursuant to	34369
section 3311.059 of the Revised Code, upon the effective date of	34370
the severance of the last remaining local school district to make	34371
up the territory of the service center, the governing board of	34372
that service center shall be abolished and such service center	34373
shall be dissolved by order of the superintendent of public	34374
instruction. The superintendent's order shall provide for the	34375
equitable division and disposition of the assets, property,	34376
debts, and obligations of the service center among the local	34377
school districts, of which the territory of the service center is	34378
or previously was made up, and shall provide that the tax	34379
duplicate of each of those local school districts shall be bound	34380
for and assume the district's equitable share of the outstanding	34381
indebtedness of the service center. The superintendent's order is	34382
final and is not appealable.	34383

Immediately upon the abolishment of the service center	34384
governing board pursuant to this section, the superintendent	34385
shall appoint a qualified individual to administer the	34386
dissolution of the service center and to implement the terms of	34387
the superintendent's dissolution order. Prior to distributing	34388
assets to any local school district, but after paying in full	34389
other debts and obligations of the service center, the	34390
superintendent of public instruction may assess against the	34391
remaining assets of the service center the amount of the costs	34392
incurred by the department of education in performing the	34393
superintendent's duties under this division, including the fees,	34394
if any, owed to the individual appointed to administer the	34395
superintendent's dissolution order. Any excess cost incurred by	34396
the department under this division shall be divided equitably	34397
among the local school districts, of which the territory of the	34398
service center is or previously was made up, and each district's	34399
share of that excess cost shall be bound against the tax duplicate	34400
of that district.	34401

(B) A final audit of the former service center shall be	34402
performed in accordance with procedures established by the	34403
auditor of state.	34404

(C) The public records of an educational service center that	34405
is dissolved under this section shall be transferred in accordance	34406
with this division. Public records maintained by the service	34407
center in connection with services provided by the service center	34408
to local school districts shall be transferred to each of the	34409
respective local school districts. Public records maintained by	34410
the service center in connection with services provided under an	34411
agreement with a city or exempted village school district pursuant	34412
to section 3313.843 of the Revised Code shall be transferred to	34413
each of the respective city or exempted village school districts.	34414
All other public records maintained by the service center at the	34415
time the service center ceases operations shall be transferred to	34416
the Ohio historical society for analysis and disposition by the	34417
society in its capacity as archives administrator for the state	34418
and its political subdivisions pursuant to division (C) of section	34419
149.30 and section 149.31 of the Revised Code.	34420

Sec. 3311.06. (A) As used in this section:

34421

(1) "Annexation" and "annexed" mean annexation for municipal	34422
purposes under sections 709.02 to 709.37 of the Revised Code.	34423

(2) "Annexed territory" means territory that has been annexed	34424
for municipal purposes to a city served by an urban school	34425
district, but on September 24, 1986, has not been transferred to	34426
the urban school district.	34427

(3) "Urban school district" means a city school district with	34428
an average daily membership for the 1985-1986 school year in	34429
excess of twenty thousand that is the school district of a city	34430
that contains annexed territory.	34431

(4) "Annexation agreement" means an agreement entered into	34432
under division (F) of this section that has been approved by the	34433
state board of education or an agreement entered into prior to	34434
September 24, 1986, that meets the requirements of division (F) of	34435
this section and has been filed with the state board.	34436

(B) The territory included within the boundaries of a city,	34437
local, exempted village, or joint vocational school district shall	34438
be contiguous except where a natural island forms an integral part	34439
of the district, where the state board of education authorizes a	34440
noncontiguous school district, as provided in division (E)(1) of	34441
this section, or where a local school district is created pursuant	34442
to section 3311.26 of the Revised Code from one or more local	34443
school districts, one of which has entered into an agreement under	34444
section 3313.42 of the Revised Code.	34445

(C)(1) When all of the territory of a school district is	34446
annexed to a city or village, such territory thereby becomes a	34447
part of the city school district or the school district of which	34448
the village is a part, and the legal title to school property in	34449
such territory for school purposes shall be vested in the board of	34450
education of the city school district or the school district of	34451
which the village is a part.	34452

(2) When the territory so annexed to a city or village	34453
comprises part but not all of the territory of a school district,	34454
the said territory becomes part of the city school district or the	34455
school district of which the village is a part only upon approval	34456
by the state board of education, unless the district in which the	34457
territory is located is a party to an annexation agreement with	34458
the city school district.	34459

Any urban school district that has not entered into an	34460
annexation agreement with any other school district whose	34461
territory would be affected by any transfer under this division	34462
and that desires to negotiate the terms of transfer with any such	34463
district shall conduct any negotiations under division (F) of this	34464
section as part of entering into an annexation agreement with such	34465
a district.	34466

Any school district, except an urban school district,	34467
desiring state board approval of a transfer under this division	34468
shall make a good faith effort to negotiate the terms of transfer	34469
with any other school district whose territory would be affected	34470
by the transfer. Before the state board may approve any transfer	34471
of territory to a school district, except an urban school	34472
district, under this section, it must receive the following:	34473

(a) A resolution requesting approval of the transfer, passed	34474
by at least one of the school districts whose territory would be	34475
affected by the transfer;	34476

(b) Evidence determined to be sufficient by the state board	34477
to show that good faith negotiations have taken place or that the	34478
district requesting the transfer has made a good faith effort to	34479
hold such negotiations;	34480

(c) If any negotiations took place, a statement signed by all	34481
boards that participated in the negotiations, listing the terms	34482
agreed on and the points on which no agreement could be reached.	34483

(D) The state board of education shall adopt rules governing	34484
negotiations held by any school district except an urban school	34485
district pursuant to division (C)(2) of this section. The rules	34486
shall encourage the realization of the following goals:	34487

(1) A discussion by the negotiating districts of the present	34488
and future educational needs of the pupils in each district;	34489

(2) The educational, financial, and territorial stability of	34490
each district affected by the transfer;	34491

(3) The assurance of appropriate educational programs,	34492
services, and opportunities for all the pupils in each	34493
participating district, and adequate planning for the facilities	34494
needed to provide these programs, services, and opportunities.	34495

Districts involved in negotiations under such rules may agree	34496
to share revenues from the property included in the territory to	34497
be transferred, establish cooperative programs between the	34498
participating districts, and establish mechanisms for the	34499
settlement of any future boundary disputes.	34500

(E)(1) If territory annexed after September 24, 1986, is part	34501
of a school district that is a party to an annexation agreement	34502
with the urban school district serving the annexing city, the	34503
transfer of such territory shall be governed by the agreement. If	34504
the agreement does not specify how the territory is to be dealt	34505
with, the boards of education of the district in which the	34506
territory is located and the urban school district shall negotiate	34507
with regard to the transfer of the territory which shall be	34508
transferred to the urban school district unless, not later than	34509
ninety days after the effective date of municipal annexation, the	34510
boards of education of both districts, by resolution adopted by a	34511
majority of the members of each board, agree that the territory	34512
will not be transferred and so inform the state board of	34513
education.	34514

If territory is transferred under this division the transfer	34515
shall take effect on the first day of July occurring not sooner	34516
than ninety-one days after the effective date of the municipal	34517
annexation. Territory transferred under this division need not be	34518
contiguous to the district to which it is transferred.	34519

(2) Territory annexed prior to September 24, 1986, by a city	34520
served by an urban school district shall not be subject to	34521
transfer under this section if the district in which the territory	34522
is located is a party to an annexation agreement or becomes a	34523
party to such an agreement not later than ninety days after	34524
September 24, 1986. If the district does not become a party to an	34525
annexation agreement within the ninety-day period, transfer of	34526
territory shall be governed by division (C)(2) of this section. If	34527
the district subsequently becomes a party to an agreement,	34528
territory annexed prior to September 24, 1986, other than	34529
territory annexed under division (C)(2) of this section prior to	34530
the effective date of the agreement, shall not be subject to	34531
transfer under this section.	34532

(F) An urban school district may enter into a comprehensive	34533
agreement with one or more school districts under which transfers	34534
of territory annexed by the city served by the urban school	34535
district after September 24, 1986, shall be governed by the	34536
agreement. Such agreement must provide for the establishment of a	34537
cooperative education program under section 3313.842 of the	34538
Revised Code in which all the parties to the agreement are	34539
participants and must be approved by resolution of the majority of	34540
the members of each of the boards of education of the school	34541
districts that are parties to it. An agreement may provide for	34542
interdistrict payments based on local revenue growth resulting	34543
from development in any territory annexed by the city served by	34544
the urban school district.	34545

An agreement entered into under this division may be altered,	34546
modified, or terminated only by agreement, by resolution approved	34547
by the majority of the members of each board of education, of all	34548
school districts that are parties to the agreement, except that	34549
with regard to any provision that affects only the urban school	34550
district and one of the other districts that is a party, that	34551
district and the urban district may modify or alter the agreement	34552
by resolution approved by the majority of the members of the board	34553
of that district and the urban district. Alterations,	34554
modifications, terminations, and extensions of an agreement	34555
entered into under this division do not require approval of the	34556
state board of education, but shall be filed with the board after	34557
approval and execution by the parties.	34558

If an agreement provides for interdistrict payments, each	34559
party to the agreement, except any school district specifically	34560
exempted by the agreement, shall agree to make an annual payment	34561
to the urban school district with respect to any of its territory	34562
that is annexed territory in an amount not to exceed the amount	34563
certified for that year under former section 3317.029 of the	34564
Revised Code as that section existed prior to July 1, 1998; except	34565
that such limitation of annual payments to amounts certified under	34566
former section 3317.029 of the Revised Code does not apply to	34567
agreements or extensions of agreements entered into on or after	34568
June 1, 1992, unless such limitation is expressly agreed to by the	34569
parties. The agreement may provide that all or any part of the	34570
payment shall be waived if the urban school district receives its	34571
payment with respect to such annexed territory under former	34572
section 3317.029 of the Revised Code and that all or any part of	34573
such payment may be waived if the urban school district does not	34574
receive its payment with respect to such annexed territory under	34575
such section.	34576

With respect to territory that is transferred to the urban	34577
school district after September 24, 1986, the agreement may	34578
provide for annual payments by the urban school district to the	34579
school district whose territory is transferred to the urban school	34580
district subsequent to annexation by the city served by the urban	34581
school district.	34582

(G) In the event territory is transferred from one school	34583
district to another under this section, an equitable division of	34584
the funds and indebtedness between the districts involved shall be	34585
made under the supervision of the state board of education and	34586
that board's decision shall be final. Such division shall not	34587
include funds payable to or received by a school district under	34588
Chapter 3306. or 3317. of the Revised Code or payable to or	34589
received by a school district from the United States or any	34590
department or agency thereof. In the event such transferred	34591
territory includes real property owned by a school district, the	34592
state board of education, as part of such division of funds and	34593
indebtedness, shall determine the true value in money of such real	34594
property and all buildings or other improvements thereon. The	34595
board of education of the school district receiving such territory	34596
shall forthwith pay to the board of education of the school	34597
district losing such territory such true value in money of such	34598
real property, buildings, and improvements less such percentage of	34599
the true value in money of each school building located on such	34600
real property as is represented by the ratio of the total	34601
enrollment in day classes of the pupils residing in the territory	34602
transferred enrolled at such school building in the school year in	34603
which such annexation proceedings were commenced to the total	34604
enrollment in day classes of all pupils residing in the school	34605
district losing such territory enrolled at such school building in	34606
such school year. The school district receiving such payment shall	34607
place the proceeds thereof in its sinking fund or bond retirement	34608
fund.	34609

(H) The state board of education, before approving such	34610
transfer of territory, shall determine that such payment has been	34611
made and shall apportion to the acquiring school district such	34612
percentage of the indebtedness of the school district losing the	34613
territory as is represented by the ratio that the assessed	34614
valuation of the territory transferred bears to the total assessed	34615
valuation of the entire school district losing the territory as of	34616
the effective date of the transfer, provided that in ascertaining	34617
the indebtedness of the school district losing the territory the	34618
state board of education shall disregard such percentage of the	34619
par value of the outstanding and unpaid bonds and notes of said	34620
school district issued for construction or improvement of the	34621
school building or buildings for which payment was made by the	34622
acquiring district as is equal to the percentage by which the true	34623
value in money of such building or buildings was reduced in fixing	34624
the amount of said payment.	34625

(I) No transfer of school district territory or division of	34626
funds and indebtedness incident thereto, pursuant to the	34627
annexation of territory to a city or village shall be completed in	34628
any other manner than that prescribed by this section regardless	34629
of the date of the commencement of such annexation proceedings,	34630
and this section applies to all proceedings for such transfers and	34631
divisions of funds and indebtedness pending or commenced on or	34632
after October 2, 1959.	34633

Sec. 3311.19. (A) The management and control of a joint	34634
vocational school district shall be vested in the joint vocational	34635
school district board of education. Where a joint vocational	34636
school district is composed only of two or more local school	34637
districts located in one county, or when all the participating	34638
districts are in one county and the boards of such participating	34639
districts so choose, the educational service center governing	34640
board of the county in which the joint vocational school district	34641
is located shall serve as the joint vocational school district	34642
board of education. Where a joint vocational school district is	34643
composed of local school districts of more than one county, or of	34644
any combination of city, local, or exempted village school	34645
districts or educational service centers, unless administration by	34646
the educational service center governing board has been chosen by	34647
all the participating districts in one county pursuant to this	34648
section, the board of education of the joint vocational school	34649
district shall be composed of one or more persons who are members	34650
of the boards of education from each of the city or exempted	34651
village school districts or members of the educational service	34652
centers' governing boards affected to be appointed by the boards	34653
of education or governing boards of such school districts and	34654
educational service centers. In such joint vocational school	34655
districts the number and terms of members of the joint vocational	34656
school district board of education and the allocation of a given	34657
number of members to each of the city and exempted village	34658
districts and educational service centers shall be determined in	34659
the plan for such district, provided that each such joint	34660
vocational school district board of education shall be composed of	34661
an odd number of members.	34662

(B) Notwithstanding division (A) of this section, a governing	34663
board of an educational service center that has members of its	34664
governing board serving on a joint vocational school district	34665
board of education may make a request to the joint vocational	34666
district board that the joint vocational school district plan be	34667
revised to provide for one or more members of boards of education	34668
of local school districts that are within the territory of the	34669
educational service district and within the joint vocational	34670
school district to serve in the place of or in addition to its	34671
educational service center governing board members. If agreement	34672
is obtained among a majority of the boards of education and	34673
governing boards that have a member serving on the joint	34674
vocational school district board of education and among a majority	34675
of the local school district boards of education included in the	34676
district and located within the territory of the educational	34677
service center whose board requests the substitution or addition,	34678
the state board of education may revise the joint vocational	34679
school district plan to conform with such agreement.	34680

(C) If the board of education of any school district or	34681
educational service center governing board included within a joint	34682
vocational district that has had its board or governing board	34683
membership revised under division (B) of this section requests the	34684
joint vocational school district board to submit to the state	34685
board of education a revised plan under which one or more joint	34686
vocational board members chosen in accordance with a plan revised	34687
under such division would again be chosen in the manner prescribed	34688
by division (A) of this section, the joint vocational board shall	34689
submit the revised plan to the state board of education, provided	34690
the plan is agreed to by a majority of the boards of education	34691
represented on the joint vocational board, a majority of the local	34692
school district boards included within the joint vocational	34693
district, and each educational service center governing board	34694
affected by such plan. The state board of education may revise the	34695
joint vocational school district plan to conform with the revised	34696
plan.	34697

(D) The vocational schools in such joint vocational school	34698
district shall be available to all youth of school age within the	34699
joint vocational school district subject to the rules adopted by	34700
the joint vocational school district board of education in regard	34701
to the standards requisite to admission. A joint vocational school	34702
district board of education shall have the same powers, duties,	34703
and authority for the management and operation of such joint	34704
vocational school district as is granted by law, except by this	34705
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the	34706
Revised Code, to a board of education of a city school district,	34707
and shall be subject to all the provisions of law that apply to a	34708
city school district, except such provisions in this chapter and	34709
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.	34710

(E) Where a governing board of an educational service center	34711
has been designated to serve as the joint vocational school	34712
district board of education, the educational service center	34713
superintendent shall be the executive officer for the joint	34714
vocational school district, and the governing board may provide	34715
for additional compensation to be paid to the educational service	34716
center superintendent by the joint vocational school district, but	34717
the educational service center superintendent shall have no	34718
continuing tenure other than that of educational service center	34719
superintendent. The superintendent of schools of a joint	34720
vocational school district shall exercise the duties and authority	34721
vested by law in a superintendent of schools pertaining to the	34722
operation of a school district and the employment and supervision	34723
of its personnel. The joint vocational school district board of	34724
education shall appoint a treasurer of the joint vocational school	34725
district who shall be the fiscal officer for such district and who	34726
shall have all the powers, duties, and authority vested by law in	34727
a treasurer of a board of education. Where a governing board of an	34728
educational service center has been designated to serve as the	34729
joint vocational school district board of education, such board	34730
may appoint the educational service center superintendent as the	34731
treasurer of the joint vocational school district.	34732

(F) Each member of a joint vocational school district board	34733
of education may be paid such compensation as the board provides	34734
by resolution, but it shall not exceed one hundred twenty-five	34735
dollars per member for each meeting attended plus mileage, at the	34736
rate per mile provided by resolution of the board, to and from	34737
meetings of the board.	34738

The board may provide by resolution for the deduction of	34739
amounts payable for benefits under section 3313.202 of the Revised	34740
Code.	34741

Each member of a joint vocational school district board may	34742
be paid such compensation as the board provides by resolution for	34743
attendance at an approved training program, provided that such	34744
compensation shall not exceed sixty dollars per day for attendance	34745
at a training program three hours or fewer in length and one	34746
hundred twenty-five dollars a day for attendance at a training	34747
program longer than three hours in length. However, no board	34748
member shall be compensated for the same training program under	34749
this section and section 3313.12 of the Revised Code.	34750

Sec. 3311.21. (A) In addition to the resolutions authorized	34751
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	34752
the Revised Code, the board of education of a joint vocational or	34753
cooperative education school district by a vote of two-thirds of	34754
its full membership may at any time adopt a resolution declaring	34755
the necessity to levy a tax in excess of the ten-mill limitation	34756
for a period not to exceed ten years to provide funds for any one	34757
or more of the following purposes, which may be stated in the	34758
following manner in such resolution, the ballot, and the notice of	34759
election: purchasing a site or enlargement thereof and for the	34760
erection and equipment of buildings; for the purpose of enlarging,	34761
improving, or rebuilding thereof; for the purpose of providing for	34762
the current expenses of the joint vocational or cooperative school	34763
district; or for a continuing period for the purpose of providing	34764
for the current expenses of the joint vocational or cooperative	34765
education school district. The resolution shall specify the amount	34766
of the proposed rate and, if a renewal, whether the levy is to	34767
renew all, or a portion of, the existing levy, and shall specify	34768
the first year in which the levy will be imposed. If the levy	34769
provides for but is not limited to current expenses, the	34770
resolution shall apportion the annual rate of the levy between	34771
current expenses and the other purpose or purposes. Such	34772
apportionment may but need not be the same for each year of the	34773
levy, but the respective portions of the rate actually levied each	34774
year for current expenses and the other purpose or purposes shall	34775
be limited by such apportionment. The portion of any such rate	34776
actually levied for current expenses of a joint vocational or	34777
cooperative education school district shall be used in applying	34778
division (A)(1) of section 3306.01 and division (A) of section	34779
3317.01 of the Revised Code. The portion of any such rate not	34780
apportioned to the current expenses of a joint vocational or	34781
cooperative education school district shall be used in applying	34782
division (B) of this section. On the adoption of such resolution,	34783
the joint vocational or cooperative education school district	34784
board of education shall certify the resolution to the board of	34785
elections of the county containing the most populous portion of	34786
the district, which board shall receive resolutions for filing	34787
and send them to the boards of elections of each county in which	34788
territory of the district is located, furnish all ballots for the	34789
election as provided in section 3505.071 of the Revised Code, and	34790
prepare the election notice; and the board of elections of each	34791
county in which the territory of such district is located shall	34792
make the other necessary arrangements for the submission of the	34793
question to the electors of the joint vocational or cooperative	34794
education school district at the next primary or general election	34795
occurring not less than seventy-five days after the resolution	34796
was received from the joint vocational or cooperative education	34797
school district board of education, or at a special election to	34798
be held at a time designated by the district board of education	34799
consistent with the requirements of section 3501.01 of the	34800
Revised Code, which date shall not be earlier than seventy-five	34801
days after the adoption and certification of the resolution.	34802

The board of elections of the county or counties in which	34803
territory of the joint vocational or cooperative education school	34804
district is located shall cause to be published in one or more	34805
newspapers of general circulation in that district an	34806
advertisement of the proposed tax levy question together with a	34807
statement of the amount of the proposed levy once a week for two	34808
consecutive weeks, prior to the election at which the question is	34809
to appear on the ballot, and, if the board of elections operates	34810
and maintains a web site, the board also shall post a similar	34811
advertisement on its web site for thirty days prior to that	34812
election.	34813

If a majority of the electors voting on the question of	34814
levying such tax vote in favor of the levy, the joint vocational	34815
or cooperative education school district board of education shall	34816
annually make the levy within the district at the rate specified	34817
in the resolution and ballot or at any lesser rate, and the county	34818
auditor of each affected county shall annually place the levy on	34819
the tax list and duplicate of each school district in the county	34820
having territory in the joint vocational or cooperative education	34821
school district. The taxes realized from the levy shall be	34822
collected at the same time and in the same manner as other taxes	34823
on the duplicate, and the taxes, when collected, shall be paid to	34824
the treasurer of the joint vocational or cooperative education	34825
school district and deposited to a special fund, which shall be	34826
established by the joint vocational or cooperative education	34827
school district board of education for all revenue derived from	34828
any tax levied pursuant to this section and for the proceeds of	34829
anticipation notes which shall be deposited in such fund. After	34830
the approval of the levy, the joint vocational or cooperative	34831
education school district board of education may anticipate a	34832
fraction of the proceeds of the levy and from time to time, during	34833
the life of the levy, but in any year prior to the time when the	34834
tax collection from the levy so anticipated can be made for that	34835
year, issue anticipation notes in an amount not exceeding fifty	34836
per cent of the estimated proceeds of the levy to be collected in	34837
each year up to a period of five years after the date of the	34838
issuance of the notes, less an amount equal to the proceeds of the	34839
levy obligated for each year by the issuance of anticipation	34840
notes, provided that the total amount maturing in any one year	34841
shall not exceed fifty per cent of the anticipated proceeds of the	34842
levy for that year. Each issue of notes shall be sold as provided	34843
in Chapter 133. of the Revised Code, and shall, except for such	34844
limitation that the total amount of such notes maturing in any one	34845
year shall not exceed fifty per cent of the anticipated proceeds	34846
of the levy for that year, mature serially in substantially equal	34847
installments, during each year over a period not to exceed five	34848
years after their issuance.	34849

(B) Prior to the application of section 319.301 of the	34850
Revised Code, the rate of a levy that is limited to, or to the	34851
extent that it is apportioned to, purposes other than current	34852
expenses shall be reduced in the same proportion in which the	34853
district's total valuation increases during the life of the levy	34854
because of additions to such valuation that have resulted from	34855
improvements added to the tax list and duplicate.	34856

(C) The form of ballot cast at an election under division (A)	34857
of this section shall be as prescribed by section 5705.25 of the	34858
Revised Code.	34859

Sec. 3311.29. (A) Except as provided under division (B) or	34860
(C) of this section, no school district shall be created and no	34861
school district shall exist which does not maintain within such	34862
district public schools consisting of grades kindergarten through	34863
twelve and any such existing school district not maintaining such	34864
schools shall be dissolved and its territory joined with another	34865
school district or districts by order of the state board of	34866
education if no agreement is made among the surrounding districts	34867
voluntarily, which order shall provide an equitable division of	34868
the funds, property, and indebtedness of the dissolved school	34869
district among the districts receiving its territory. The state	34870
board of education may authorize exceptions to school districts	34871
where topography, sparsity of population, and other factors make	34872
compliance impracticable.	34873

The superintendent of public instruction is without authority	34874
to distribute funds under ~~sections 3317.022 to 3317.025~~Chapter	34875
3306. or 3317. of the Revised Code to any school district that	34876
does not maintain schools with grades kindergarten through twelve	34877
and to which no exception has been granted by the state board of	34878
education.	34879

(B) Division (A) of this section does not apply to any joint	34880
vocational school district or any cooperative education school	34881
district established pursuant to divisions (A) to (C) of section	34882
3311.52 of the Revised Code.	34883

(C)(1)(a) Except as provided in division (C)(3) of this	34884
section, division (A) of this section does not apply to any	34885
cooperative education school district established pursuant to	34886
section 3311.521 of the Revised Code nor to the city, exempted	34887
village, or local school districts that have territory within such	34888
a cooperative education district.	34889

(b) The cooperative district and each city, exempted village,	34890
or local district with territory within the cooperative district	34891
shall maintain the grades that the resolution adopted or amended	34892
pursuant to section 3311.521 of the Revised Code specifies.	34893

(2) Any cooperative education school district described under	34894
division (C)(1) of this section that fails to maintain the grades	34895
it is specified to operate shall be dissolved by order of the	34896
state board of education unless prior to such an order the	34897
cooperative district is dissolved pursuant to section 3311.54 of	34898
the Revised Code. Any such order shall provide for the equitable	34899
adjustment, division, and disposition of the assets, property,	34900
debts, and obligations of the district among each city, local, and	34901
exempted village school district whose territory is in the	34902
cooperative district and shall provide that the tax duplicate of	34903
each city, local, and exempted village school district whose	34904
territory is in the cooperative district shall be bound for and	34905
assume its share of the outstanding indebtedness of the	34906
cooperative district.	34907

(3) If any city, exempted village, or local school district	34908
described under division (C)(1) of this section fails to maintain	34909
the grades it is specified to operate the cooperative district	34910
within which it has territory shall be dissolved in accordance	34911
with division (C)(2) of this section and upon that dissolution any	34912
city, exempted village, or local district failing to maintain	34913
grades kindergarten through twelve shall be subject to the	34914
provisions for dissolution in division (A) of this section.	34915

Sec. 3311.52. A cooperative education school district may be	34916
established pursuant to divisions (A) to (C) of this section or	34917
pursuant to section 3311.521 of the Revised Code.	34918

(A) A cooperative education school district may be	34919
established upon the adoption of identical resolutions within a	34920
sixty-day period by a majority of the members of the board of	34921
education of each city, local, and exempted village school	34922
district that is within the territory of a county school financing	34923
district.	34924

A copy of each resolution shall be filed with the governing	34925
board ~~of education~~ of the educational service center which created	34926
the county school financing district. Upon the filing of the last	34927
such resolution, the educational service center governing board	34928
shall immediately notify each board of education filing such a	34929
resolution of the date on which the last resolution was filed.	34930

Ten days after the date on which the last resolution is filed	34931
with the educational service center governing board or ten days	34932
after the last of any notices required under division (C) of this	34933
section is received by the educational service center governing	34934
board, whichever is later, the county school financing district	34935
shall be dissolved and the new cooperative education school	34936
district and the board of education of the cooperative education	34937
school district shall be established.	34938

On the date that any county school financing district is	34939
dissolved and a cooperative education school district is	34940
established under this section, each of the following shall apply:	34941

(1) The territory of the dissolved district becomes the	34942
territory of the new district.	34943

(2) Any outstanding tax levy in force in the dissolved	34944
district shall be spread over the territory of the new district	34945
and shall remain in force in the new district until the levy	34946
expires or is renewed.	34947

(3) Any funds of the dissolved district shall be paid over in	34948
full to the new district.	34949

(4) Any net indebtedness of the dissolved district shall be	34950
assumed in full by the new district. As used in division (A)(4) of	34951
this section, "net indebtedness" means the difference between the	34952
par value of the outstanding and unpaid bonds and notes of the	34953
dissolved district and the amount held in the sinking fund and	34954
other indebtedness retirement funds for their redemption.	34955

When a county school financing district is dissolved and a	34956
cooperative education school district is established under this	34957
section, the governing board of the educational service center	34958
that created the dissolved district shall give written notice of	34959
this fact to the county auditor and the board of elections of each	34960
county having any territory in the new district.	34961

(B) The resolutions adopted under division (A) of this	34962
section shall include all of the following provisions:	34963

(1) Provision that the governing board of the educational	34964
service center which created the county school financing district	34965
shall be the board of education of the cooperative education	34966
school district, except that provision may be made for the	34967
composition, selection, and terms of office of an alternative	34968
board of education of the cooperative district, which board shall	34969
include at least one member selected from or by the members of the	34970
board of education of each city, local, and exempted village	34971
school district and at least one member selected from or by the	34972
members of the educational service center governing board within	34973
the territory of the cooperative district;	34974

(2) Provision that the treasurer and superintendent of the	34975
educational service center which created the county school	34976
financing district shall be the treasurer and superintendent of	34977
the cooperative education school district, except that provision	34978
may be made for the selection of a treasurer or superintendent of	34979
the cooperative district other than the treasurer or	34980
superintendent of the educational service center, which provision	34981
shall require one of the following:	34982

(a) The selection of one person as both the treasurer and	34983
superintendent of the cooperative district, which provision may	34984
require such person to be the treasurer or superintendent of any	34985
city, local, or exempted village school district or educational	34986
service center within the territory of the cooperative district;	34987

(b) The selection of one person as the treasurer and another	34988
person as the superintendent of the cooperative district, which	34989
provision may require either one or both such persons to be	34990
treasurers or superintendents of any city, local, or exempted	34991
village school districts or educational service center within the	34992
territory of the cooperative district.	34993

(3) A statement of the educational program the board of	34994
education of the cooperative education school district will	34995
conduct, including but not necessarily limited to the type of	34996
educational program, the grade levels proposed for inclusion in	34997
the program, the timetable for commencing operation of the	34998
program, and the facilities proposed to be used or constructed to	34999
be used by the program;	35000

(4) A statement of the annual amount, or the method for	35001
determining that amount, of funds or services or facilities that	35002
each city, local, and exempted village school district within the	35003
territory of the cooperative district is required to pay to or	35004
provide for the use of the board of education of the cooperative	35005
education school district;	35006

(5) Provision for adopting amendments to the provisions of	35007
divisions (B)(2) to (4) of this section.	35008

(C) If the resolutions adopted under division (A) of this	35009
section provide for a board of education of the cooperative	35010
education school district that is not the governing board of the	35011
educational service center that created the county school	35012
financing district, each board of education of each city, local,	35013
or exempted village school district and the governing board of the	35014
educational service center within the territory of the cooperative	35015
district shall, within thirty days after the date on which the	35016
last resolution is filed with the educational service center	35017
governing board under division (A) of this section, select one or	35018
more members of the board of education of the cooperative district	35019
as provided in the resolutions filed with the educational service	35020
center governing board. Each such board shall immediately notify	35021
the educational ~~services~~service center governing board of each	35022
such selection.	35023

(D) Except for the powers and duties in this chapter and	35024
Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the	35025
Revised Code, a cooperative education school district established	35026
pursuant to divisions (A) to (C) of this section or pursuant to	35027
section 3311.521 of the Revised Code has all the powers of a city	35028
school district and its board of education has all the powers and	35029
duties of a board of education of a city school district with	35030
respect to the educational program specified in the resolutions	35031
adopted under division (A) of this section. All laws applicable to	35032
a city school district or the board of education or the members of	35033
the board of education of a city school district, except such laws	35034
in this chapter and Chapters 124., 3306., 3317., 3318., 3323., and	35035
3331. of the Revised Code, are applicable to a cooperative	35036
education school district and its board.	35037

The treasurer and superintendent of a cooperative education	35038
school district shall have the same respective duties and powers	35039
as a treasurer and superintendent of a city school district,	35040
except for any powers and duties in this chapter and Chapters	35041
124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code.	35042

(E) For purposes of this title, any student included in the	35043
formula ADM certified for any city, exempted village, or local	35044
school district under section 3317.03 of the Revised Code by	35045
virtue of being counted, in whole or in part, in the average daily	35046
membership of a cooperative education school district under	35047
division (A)(2)~~(f)~~(d) of that section shall be construed to be	35048
enrolled both in that city, exempted village, or ~~village~~local	35049
school district and in that cooperative education school district.	35050
This division shall not be construed to mean that any such	35051
individual student may be counted more than once for purposes of	35052
determining the average daily membership of any one school	35053
district.	35054

Sec. 3311.76. (A) Notwithstanding Chapters 3302., 3306., and	35055
3317. of the Revised Code, upon written request of the district	35056
chief executive officer the state superintendent of public	35057
instruction may exempt a municipal school district from any rules	35058
adopted under Title XXXIII of the Revised Code except for any rule	35059
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	35060
or Chapter 3323. of the Revised Code, and may authorize a	35061
municipal school district to apply funds allocated to the district	35062
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code, except	35063
those specifically allocated to purposes other than current	35064
expenses, to the payment of debt charges on the district's public	35065
obligations. The request must specify the provisions from which	35066
the district is seeking exemption or the application requested and	35067
the reasons for the request. The state superintendent shall	35068
approve the request if the superintendent finds the requested	35069
exemption or application is in the best interest of the district's	35070
students. The superintendent shall approve or disapprove the	35071
request within thirty days and shall notify the district board and	35072
the district chief executive officer of approval or reasons for	35073
disapproving the request.	35074

(B) In addition to the rights, authority, and duties	35075
conferred upon a municipal school district and its board of	35076
education in sections 3311.71 to 3311.76 of the Revised Code, a	35077
municipal school district and its board shall have all of the	35078
rights, authority, and duties conferred upon a city school	35079
district and its board by law that are not inconsistent with	35080
sections 3311.71 to 3311.76 of the Revised Code.	35081

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	35082
and (F)~~, and (G)~~ of this section, when a board of education	35083
decides to dispose of real or personal property that it owns in	35084
its corporate capacity and that exceeds in value ten thousand	35085
dollars, it shall sell the property at public auction, after	35086
giving at least thirty days' notice of the auction by publication	35087
in a newspaper of general circulation or by posting notices in	35088
five of the most public places in the school district in which the	35089
property, if it is real property, is situated, or, if it is	35090
personal property, in the school district of the board of	35091
education that owns the property. The board may offer real	35092
property for sale as an entire tract or in parcels.	35093

(B) When the board of education has offered real or personal	35094
property for sale at public auction at least once pursuant to	35095
division (A) of this section, and the property has not been sold,	35096
the board may sell it at a private sale. Regardless of how it was	35097
offered at public auction, at a private sale, the board shall, as	35098
it considers best, sell real property as an entire tract or in	35099
parcels, and personal property in a single lot or in several lots.	35100

(C) If a board of education decides to dispose of real or	35101
personal property that it owns in its corporate capacity and that	35102
exceeds in value ten thousand dollars, it may sell the property to	35103
the adjutant general; to any subdivision or taxing authority as	35104
respectively defined in divisions (A) and (C) of section 5705.01	35105
of the Revised Code, township park district, board of park	35106
commissioners established under Chapter 755. of the Revised Code,	35107
or park district established under Chapter 1545. of the Revised	35108
Code; to a wholly or partially tax-supported university,	35109
university branch, or college; or to the board of trustees of a	35110
school district library, upon such terms as are agreed upon. The	35111
sale of real or personal property to the board of trustees of a	35112
school district library is limited, in the case of real property,	35113
to a school district library within whose boundaries the real	35114
property is situated, or, in the case of personal property, to a	35115
school district library whose boundaries lie in whole or in part	35116
within the school district of the selling board of education.	35117

(D) When a board of education decides to trade as a part or	35118
an entire consideration, an item of personal property on the	35119
purchase price of an item of similar personal property, it may	35120
trade the same upon such terms as are agreed upon by the parties	35121
to the trade.	35122

(E) The president and the treasurer of the board of education	35123
shall execute and deliver deeds or other necessary instruments of	35124
conveyance to complete any sale or trade under this section.	35125

(F) When a board of education has identified a parcel of real	35126
property that it determines is needed for school purposes, the	35127
board may, upon a majority vote of the members of the board,	35128
acquire that property by exchanging real property that the board	35129
owns in its corporate capacity for the identified real property or	35130
by using real property that the board owns in its corporate	35131
capacity as part or an entire consideration for the purchase price	35132
of the identified real property. Any exchange or acquisition made	35133
pursuant to this division shall be made by a conveyance executed	35134
by the president and the treasurer of the board.	35135

(G)~~(1) When a school district board of education decides to~~	35136
~~dispose of real property suitable for use as classroom space,~~	35137
~~prior to disposing of that property under divisions (A) to (F) of~~	35138
~~this section, it shall first offer that property for sale to the~~	35139
~~governing authorities of the start-up community schools~~	35140
~~established under Chapter 3314. of the Revised Code located within~~	35141
~~the territory of the school district, at a price that is not~~	35142
~~higher than the appraised fair market value of that property. If~~	35143
~~more than one community school governing authority accepts the~~	35144
~~offer made by the school district board, the board shall sell the~~	35145
~~property to the governing authority that accepted the offer first~~	35146
~~in time. If no community school governing authority accepts the~~	35147
~~offer within sixty days after the offer is made by the school~~	35148
~~district board, the board may dispose of the property in the~~	35149
~~applicable manner prescribed under divisions (A) to (F) of this~~	35150
~~section.~~	35151

~~(2) When a school district board of education has not used~~	35152
~~real property suitable for classroom space for academic~~	35153
~~instruction, administration, storage, or any other educational~~	35154
~~purpose for one full school year and has not adopted a resolution~~	35155
~~outlining a plan for using that property for any of those purposes~~	35156
~~within the next three school years, it shall offer that property~~	35157
~~for sale to the governing authorities of the start-up community~~	35158
~~schools established under Chapter 3314. of the Revised Code~~	35159
~~located within the territory of the school district, at a price~~	35160
~~that is not higher than the appraised fair market value of that~~	35161
~~property. If more than one community school governing authority~~	35162
~~accepts the offer made by the school district board, the board~~	35163
~~shall sell the property to the governing authority that accepted~~	35164
~~the offer first in time.~~	35165

~~(H)~~ When a school district board of education has property	35166
that the board, by resolution, finds is not needed for school	35167
district use, is obsolete, or is unfit for the use for which it	35168
was acquired, the board may donate that property in accordance	35169
with this division if the fair market value of the property is, in	35170
the opinion of the board, two thousand five hundred dollars or	35171
less.	35172

The property may be donated to an eligible nonprofit	35173
organization that is located in this state and is exempt from	35174
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	35175
Before donating any property under this division, the board shall	35176
adopt a resolution expressing its intent to make unneeded,	35177
obsolete, or unfit-for-use school district property available to	35178
these organizations. The resolution shall include guidelines and	35179
procedures the board considers to be necessary to implement the	35180
donation program and shall indicate whether the school district	35181
will conduct the donation program or the board will contract with	35182
a representative to conduct it. If a representative is known when	35183
the resolution is adopted, the resolution shall provide contact	35184
information such as the representative's name, address, and	35185
telephone number.	35186

The resolution shall include within its procedures a	35187
requirement that any nonprofit organization desiring to obtain	35188
donated property under this division shall submit a written notice	35189
to the board or its representative. The written notice shall	35190
include evidence that the organization is a nonprofit organization	35191
that is located in this state and is exempt from federal income	35192
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	35193
the organization's primary purpose; a description of the type or	35194
types of property the organization needs; and the name, address,	35195
and telephone number of a person designated by the organization's	35196
governing board to receive donated property and to serve as its	35197
agent.	35198

After adoption of the resolution, the board shall publish, in	35199
a newspaper of general circulation in the school district, notice	35200
of its intent to donate unneeded, obsolete, or unfit-for-use	35201
school district property to eligible nonprofit organizations. The	35202
notice shall include a summary of the information provided in the	35203
resolution and shall be published at least twice. The second and	35204
any subsequent notice shall be published not less than ten nor	35205
more than twenty days after the previous notice. A similar notice	35206
also shall be posted continually in the board's office, and, if	35207
the school district maintains a web site on the internet, the	35208
notice shall be posted continually at that web site.	35209

The board or its representatives shall maintain a list of all	35210
nonprofit organizations that notify the board or its	35211
representative of their desire to obtain donated property under	35212
this division and that the board or its representative determines	35213
to be eligible, in accordance with the requirements set forth in	35214
this section and in the donation program's guidelines and	35215
procedures, to receive donated property.	35216

The board or its representative also shall maintain a list of	35217
all school district property the board finds to be unneeded,	35218
obsolete, or unfit for use and to be available for donation under	35219
this division. The list shall be posted continually in a	35220
conspicuous location in the board's office, and, if the school	35221
district maintains a web site on the internet, the list shall be	35222
posted continually at that web site. An item of property on the	35223
list shall be donated to the eligible nonprofit organization that	35224
first declares to the board or its representative its desire to	35225
obtain the item unless the board previously has established, by	35226
resolution, a list of eligible nonprofit organizations that shall	35227
be given priority with respect to the item's donation. Priority	35228
may be given on the basis that the purposes of a nonprofit	35229
organization have a direct relationship to specific school	35230
district purposes of programs provided or administered by the	35231
board. A resolution giving priority to certain nonprofit	35232
organizations with respect to the donation of an item of property	35233
shall specify the reasons why the organizations are given that	35234
priority.	35235

Members of the board shall consult with the Ohio ethics	35236
commission, and comply with Chapters 102. and 2921. of the Revised	35237
Code, with respect to any donation under this division to a	35238
nonprofit organization of which a board member, any member of a	35239
board member's family, or any business associate of a board member	35240
is a trustee, officer, board member, or employee.	35241

Sec. 3313.48. (A) The board of education of each city,	35242
exempted village, local, and joint vocational school district	35243
shall provide for the free education of the youth of school age	35244
within the district under its jurisdiction, at such places as will	35245
be most convenient for the attendance of the largest number	35246
thereof. Except as provided in section 3313.481 of the Revised	35247
Code, each school so provided shall be open for instruction with	35248
pupils in attendance ~~for~~as prescribed by division (B) of this	35249
section.	35250

(B) Each school shall be open for instruction as follows:

35251

(1) In each learning year prior to the learning year that	35252
begins July 1, 2011, not less than one hundred eighty-two days in	35253
~~each school year, which~~;	35254

(2) In each of the learning years beginning on July 1, 2011,	35255
and July 1, 2012, respectively, not less than one hundred	35256
eighty-six days;	35257

(3) In each of the learning years beginning on July 1, 2013,	35258
and July 1, 2014, respectively, not less than one hundred ninety	35259
days;	35260

(4) In each of the learning years beginning on July 1, 2015,	35261
and July 1, 2016, respectively, not less than one hundred	35262
ninety-four days;	35263

(5) In the learning year that begins on July 1, 2017, and in	35264
each learning year thereafter, not less than one hundred	35265
ninety-eight days.	35266

(C) The minimum learning year prescribed by division (B) of	35267
this section may include all of the following:	35268

~~(A)~~(1) Up to four ~~school~~ days per year in which classes are	35269
dismissed one-half day early or the equivalent amount of time	35270
during a different number of days for the purpose of	35271
individualized parent-teacher conferences and reporting periods;	35272

~~(B)~~(2) Up to two days for professional meetings of teachers	35273
when such days occur during a regular school week and schools are	35274
not in session;	35275

~~(C)~~(3) The number of days the school is closed as a result	35276
of public calamity, as provided in ~~section~~sections 3306.01 and	35277
3317.01 of the Revised Code.	35278

(D) The state board of education shall adopt standards for	35279
defining ~~"school~~the minimum number of hours for a "learning day"	35280
as used in this section and sections ~~3313.48~~3306.01 and 3317.01	35281
of the Revised Code.	35282

Except as otherwise provided in this section, each learning	35283
day for grades seven through twelve shall consist of not less than	35284
five clock hours with pupils in attendance, except in such	35285
emergency situations, including lack of classroom space, as are	35286
approved by the state board of education. Except as otherwise	35287
provided in this section, each learning day for grades one through	35288
six shall consist of not less than five clock hours with pupils in	35289
attendance which may include fifteen minute morning and afternoon	35290
recess periods, except in such emergency situations, including	35291
lack of classroom space, as are approved by the state board of	35292
education.	35293

Sec. 3313.481. (A) With the approval of the department of	35294
education, a board of education of a city, exempted village,	35295
local, or joint vocational school district may operate any of its	35296
schools on a schedule other than that required by section 3313.48	35297
of the Revised Code in order to do any of the following:	35298

(1) To provide a flexible school day during which may be held	35299
parent-teacher conferences and reporting periods involving time in	35300
excess of that permitted to be credited toward fulfillment of the	35301
minimum school year under section 3313.48 of the Revised Code;	35302

(2) To establish and maintain a calendar of quarters,	35303
trimesters, or pentamesters;	35304

(3) To provide staggered attendance schedules if it receives	35305
approval to do so from the department of education.	35306

(B) A school district operating a school under this section	35307
shall have such school open for instruction for each pupil	35308
enrolled in that school for at least the following:	35309

(1) For each learning year prior to the learning year that	35310
begins on July 1, 2011, nine hundred ten hours ~~during the school~~	35311
~~year.~~;	35312

(2) In each of the learning years beginning on July 1, 2011,	35313
and July 1, 2012, respectively, nine hundred thirty hours;	35314

(3) In each of the learning years beginning on July 1, 2013,	35315
and July 1, 2014, respectively, nine hundred fifty hours;	35316

(4) In each of the learning years beginning on July 1, 2015,	35317
and July 1, 2016, respectively, nine hundred seventy hours;	35318

(5) In the learning year that begins on July 1, 2017, and in	35319
each learning year thereafter, nine hundred ninety hours.	35320

(C) For purposes of determining whether a school that is on a	35321
staggered attendance schedule is in compliance with this section	35322
in any ~~school~~learning year, the department of education may	35323
include days the school was open for instruction with pupils in	35324
attendance for not more than the first seventy days of the ensuing	35325
~~school~~learning year provided such days are not considered as days	35326
the school was open for instruction during such ensuing ~~school~~	35327
learning year. The following shall be considered as time during	35328
which the schools are open for instruction for a pupil enrolled in	35329
such a school, or for a pupil enrolled in a school that is not on	35330
a staggered attendance schedule but that operates under this	35331
section:	35332

(1) Morning and afternoon recess periods of not more than	35333
fifteen minutes duration per period for a pupil in grades one	35334
through six;	35335

(2) Ten hours during which the pupil would otherwise be in	35336
attendance but ~~when he~~ is not required to attend school in order	35337
to provide time for individualized parent-teacher conferences and	35338
reporting periods;	35339

(3) Ten hours during which the pupil would otherwise be in	35340
attendance but is not required to attend school in order to	35341
provide time for teachers to attend professional meetings;	35342

(4) The number of hours pupils would otherwise be in	35343
attendance but are not required to attend because school is closed	35344
as a result of a public calamity as provided in ~~section~~sections	35345
3306.01 and 3317.01 of the Revised Code.	35346

~~(C)~~(D) No board of education shall discriminate on the basis	35347
of sex, race, religion, or national origin when assigning pupils	35348
to attendance schedules pursuant to this section.	35349

Sec. 3313.482. (A) Annually, prior to the first day of	35350
September, the board of education of each city, local, and	35351
exempted village school district shall adopt a resolution	35352
specifying a contingency plan under which the district's students	35353
will make up days on which it was necessary to close schools ~~for~~	35354
~~any of the reasons specified in division (B) of section 3317.01 of~~	35355
~~the Revised Code~~because of disease epidemic, hazardous weather	35356
conditions, inoperability of school buses or other equipment	35357
necessary to the school's operation, damage to a school building,	35358
or other temporary circumstances due to utility failure rendering	35359
the school building unfit for school use, if any such days must be	35360
made up in order to comply with the requirements of ~~that section~~	35361
~~and~~ sections 3306.01, 3313.48 ~~and~~, 3313.481, and 3317.01 of the	35362
Revised Code. The resolution shall provide in the plan for making	35363
up at least five full ~~school~~learning days. If, after the first	35364
day of September, the board determines that the district is	35365
unable to implement the contingency plan as originally adopted,	35366
the board may adopt a resolution to amend the plan, but in no	35367
case shall the amended plan provide for making up less than five	35368
full learning days. No resolution adopted pursuant to this	35369
division shall conflict with any collective bargaining agreement	35370
into which a board has entered pursuant to Chapter 4117. of the	35371
Revised Code and that is in effect in the district.	35372

(B) Notwithstanding the content of the contingency plan it	35373
adopts under division (A) of this section, if a school district	35374
closes or evacuates any school building as a result of a bomb	35375
threat or any other report of an alleged or impending explosion,	35376
and if, as a result of the closing or evacuation, the school	35377
district would be unable to meet the requirements of sections	35378
3306.01, 3313.48, 3313.481, and 3317.01 of the Revised Code	35379
regarding the number of days schools must be open for instruction	35380
or the requirements of the state minimum standards for the ~~school~~	35381
learning day that are established by the department of education	35382
regarding the number of hours there must be in the ~~school~~	35383
learning day, the school district may increase the length of one	35384
or more other ~~school~~learning days for the school that was	35385
closed or evacuated, in increments of one-half hour, to make up	35386
the number of hours or days that the school building in question	35387
was so closed or evacuated for the purpose of satisfying the	35388
requirements of those sections regarding the number of days	35389
schools must be open for instruction or the requirements of	35390
those standards regarding the number of hours there must be in	35391
the ~~school~~learning day.	35392

(C) If a school district closes or evacuates any school	35393
building for any of the reasons specified in division ~~(B)~~(A) of	35394
this section ~~3317.01 of the Revised Code~~, and if for that school	35395
the total number of full ~~school~~learning days specified in the	35396
district's contingency plan adopted under that division ~~(A) of~~	35397
~~this section~~ is insufficient to enable the school district to	35398
meet the requirements of sections 3306.01, 3313.48, 3313.481, and	35399
3317.01 of the Revised Code regarding the number of days schools	35400
must be open for instruction or the requirements of the state	35401
minimum standards for the ~~school~~learning day that are	35402
established by the department of education regarding the number	35403
of hours there must be in the ~~school~~learning day, the school	35404
district may increase the length of one or more other ~~school~~	35405
learning days for the school that was closed or evacuated, in	35406
increments of one-half hour, to make up the number of hours or	35407
days that the school building in question was so closed or	35408
evacuated for the purpose of satisfying the requirements of those	35409
sections regarding the number of days schools must be open for	35410
instruction or the requirements of those standards regarding the	35411
number of hours there must be in the ~~school~~learning day. The	35412
district shall not be required to actually make up any of the	35413
days specified in the district's contingency plan prior to	35414
increasing the length of one or more ~~school~~learning days to	35415
make up the shortage of hours or days caused by the school's	35416
closure or evacuation, but in no case shall the district fail to	35417
make up the total number of full ~~school~~learning days specified	35418
in the contingency plan in accordance with that plan.	35419

(D) If a school district closes or evacuates a school	35420
building as a result of a bomb threat or any other report of an	35421
alleged or impending explosion and also closes or evacuates that	35422
school building on a different day for any of the reasons	35423
specified in division ~~(B)~~(A) of this section ~~3317.01 of the~~	35424
~~Revised Code~~, division (B) of this section applies regarding the	35425
closing or evacuation of the school building as a result of the	35426
bomb threat or report of an alleged or impending explosion and	35427
division (C) of this section applies regarding the closing or	35428
evacuation of the school building for the reason specified in	35429
division ~~(B)~~(A) of this section ~~3317.01 of the Revised Code~~.	35430

Notwithstanding the provisions of sections 3306.01, 3313.48,	35431
3313.481, and 3317.01 of the Revised Code and the requirements	35432
of the state minimum standards for the ~~school~~learning day that	35433
are established by the department of education and	35434
notwithstanding the content of the contingency plan it adopts	35435
under division (A) of this section regarding the closing or	35436
evacuation of a school building as a result of a bomb threat or	35437
any other report of an alleged or impending explosion, a school	35438
district that makes up, as described in division (B) or (C) of	35439
this section, all of the hours or days that its school buildings	35440
were closed or evacuated for any of the reasons identified in	35441
division (B) or (C) of this section shall be deemed to have	35442
complied with the requirements of those sections regarding the	35443
number of days schools must be open for instruction and the	35444
requirements of those minimum standards regarding the number of	35445
hours there must be in the ~~school~~learning day.	35446

Sec. 3313.483. (A) A board of education, upon the adoption	35447
of a resolution stating that it may be financially unable to open	35448
on the day or to remain open for instruction on all days set forth	35449
in its adopted school calendar and pay all obligated expenses, or	35450
the superintendent of public instruction upon the issuance of	35451
written notification under division (B) of section 3313.489 of the	35452
Revised Code, shall request the auditor of state to determine	35453
whether such situation exists. The auditor shall deliver a copy of	35454
each request from a board of education to the superintendent of	35455
public instruction. In the case of a school district not under a	35456
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	35457
auditor shall not issue a finding under this section until written	35458
notification is received from the superintendent pursuant to	35459
section 3313.487 of the Revised Code.	35460

(B) If the auditor of state finds that the board of education	35461
has attempted to avail itself to the fullest extent authorized by	35462
law of all lawful revenue sources available to it except those	35463
authorized by section 5705.21 of the Revised Code, the auditor	35464
shall certify that finding to the superintendent of public	35465
instruction and the state board of education and shall certify the	35466
operating deficit the district will have at the end of the fiscal	35467
year if it commences or continues operating its instructional	35468
program in accordance with its adopted school calendar and pays	35469
all obligated expenses.	35470

(C) No board of education may delay the opening of its	35471
schools or close its schools for financial reasons. Upon the	35472
request of the superintendent of public instruction, the attorney	35473
general shall seek injunctive relief and any other relief required	35474
to enforce this prohibition in the court of common pleas of	35475
Franklin county. The court of common pleas of Franklin county has	35476
exclusive original jurisdiction over all such actions.	35477

(D) Upon the receipt of any certification of an operating	35478
deficit from the auditor of state, a board of education shall make	35479
application to a commercial bank, underwriter, or other	35480
prospective lender or purchaser of its obligations for a loan in	35481
an amount sufficient to enable the district to open or remain open	35482
for instruction on all days set forth in its adopted school	35483
calendar but not to exceed the amount of the deficit certified.	35484

(E)(1) Any board of education that has applied for and been	35485
denied a loan from a commercial bank, underwriter, or other	35486
prospective lender or purchaser of its obligations pursuant to	35487
division (D) of this section shall submit to the superintendent of	35488
public instruction a plan for implementing reductions in the	35489
school district's budget; apply for a loan from a commercial bank,	35490
underwriter, or other prospective lender or purchaser of its	35491
obligations in an amount not to exceed its certified deficit; and	35492
provide the superintendent such information as the superintendent	35493
requires concerning its application for such a loan. The board of	35494
education of a school district declared to be under a fiscal watch	35495
pursuant to division (A) of section 3316.03 of the Revised Code	35496
may, upon approval of the superintendent, utilize the financial	35497
plan required by section 3316.04 of the Revised Code, or	35498
applicable parts thereof, as the plan required under this	35499
division. The board of education of a school district declared to	35500
be under a fiscal emergency pursuant to division (B) of section	35501
3316.03 of the Revised Code may utilize the financial recovery	35502
plan for the district, or applicable parts thereof, as the plan	35503
required under this division. Except for the plan of a school	35504
district under a fiscal emergency, the superintendent shall	35505
evaluate, make recommendations concerning, and approve or	35506
disapprove each plan. When a plan is submitted, the superintendent	35507
shall immediately notify the members of the general assembly whose	35508
legislative districts include any or all of the territory of the	35509
school district submitting the plan.	35510

(2) The superintendent shall submit to the controlling board	35511
a copy of each plan the superintendent approves, or each plan	35512
submitted by a district under a fiscal emergency pursuant to	35513
division (B) of section 3316.03 of the Revised Code, and the	35514
general terms of each proposed loan, and shall make	35515
recommendations regarding the plan and whether a proposed loan to	35516
the board of education should be approved for payment as provided	35517
in division (E)(3) of this section. The controlling board shall	35518
approve or disapprove the plan and the proposed loan presented to	35519
it by the superintendent. In the case of a district not under a	35520
fiscal emergency pursuant to division (B) of section 3316.03 of	35521
the Revised Code, the controlling board may require a board of	35522
education to implement the superintendent's recommendations for	35523
expenditure reductions or impose other requirements. Loan	35524
repayments shall be in accordance with a schedule approved by the	35525
superintendent, except that the principal amount of the loan shall	35526
be payable in monthly, semiannual, or annual installments of	35527
principal and interest that are substantially equal principal and	35528
interest installments. Except as otherwise provided in division	35529
(E)(2) of this section, repayment shall be made no later than the	35530
fifteenth day of June of the second fiscal year following the	35531
approval of the loan. A school district with a certified deficit	35532
in excess of either twenty-five million dollars or fifteen per	35533
cent of the general fund expenditures of the district during the	35534
fiscal year shall repay the loan no later than the fifteenth day	35535
of June of the tenth fiscal year following the approval of the	35536
loan. In deciding whether to approve or disapprove a proposed	35537
loan, the controlling board shall consider the deficit certified	35538
by the auditor of state pursuant to this section. A board of	35539
education that has an outstanding loan approved pursuant to this	35540
section with a repayment date of more than two fiscal years after	35541
the date of approval of such loan may not apply for another loan	35542
with such a repayment date until the outstanding loan has been	35543
repaid.	35544

(3) If a board of education has submitted and received	35545
controlling board approval of a plan and proposed loan in	35546
accordance with this section, the superintendent of public	35547
instruction shall report to the controlling board the actual	35548
amounts loaned to the board of education. Such board of education	35549
shall request the superintendent to pay any funds the board of	35550
education would otherwise receive pursuant to ~~sections 3317.022 to~~	35551
~~3317.025~~Chapter 3306. of the Revised Code first directly to the	35552
holders of the board of education's notes, or an agent thereof,	35553
such amounts as are specified under the terms of the loan. Such	35554
payments shall be made only from and to the extent of money	35555
appropriated by the general assembly for purposes of such	35556
sections. No note or other obligation of the board of education	35557
under the loan constitutes an obligation nor a debt or a pledge of	35558
the faith, credit, or taxing power of the state, and the holder or	35559
owner of such note or obligation has no right to have taxes levied	35560
by the general assembly for the payment of such note or	35561
obligation, and such note or obligation shall contain a statement	35562
to that effect.	35563

(4) Pursuant to the terms of such a loan, a board of	35564
education may issue its notes in anticipation of the collection of	35565
its voted levies for current expenses or its receipt of such state	35566
funds or both. Such notes shall be issued in accordance with	35567
division (E) of section 133.10 of the Revised Code and constitute	35568
Chapter 133. securities to the extent such division and the	35569
otherwise applicable provisions of Chapter 133. of the Revised	35570
Code are not inconsistent with this section, provided that in any	35571
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	35572
(E)(2) of section 133.10 of the Revised Code do not apply to such	35573
notes.	35574

(5) Notwithstanding section 133.36 or 3313.17, any other	35575
section of the Revised Code, or any other provision of law, a	35576
board of education that has received a loan under this section may	35577
not declare bankruptcy, so long as any portion of such loan	35578
remains unpaid.	35579

(F) Under this section and sections 3313.4810 and 3313.4811,	35580
"board of education" or "district board" includes the financial	35581
planning and supervision commission of a school district under a	35582
fiscal emergency pursuant to Chapter 3316. of the Revised Code	35583
where such commission chooses to exercise the powers and duties	35584
otherwise required of the district board of education under this	35585
section and sections 3313.4810 and 3313.4811 of the Revised Code.	35586

Sec. 3313.485. Notwithstanding any provision to the contrary	35587
in sections 3313.48 and 3313.481 or in Chapter 4117. of the	35588
Revised Code, the requirements of divisions (B)(2) to (5) of	35589
section 3313.48 and divisions (B)(2) to (5) of section 3313.481	35590
of the Revised Code do not prevail over conflicting provisions in	35591
a valid collective bargaining agreement entered into prior to the	35592
effective date of this section. However, any collective bargaining	35593
agreement entered into, renewed, or amended on or after the	35594
effective date of this section shall comply with the requirements	35595
of divisions (B)(2) to (5) of section 3313.48, as applicable, or	35596
divisions (B)(2) to (5) of section 3313.481 of the Revised Code,	35597
as applicable.	35598

Sec. 3313.53. (A) As used in this section:

35599

(1) "Licensed individual" means an individual who holds a	35600
valid educator license, certificate, or permit issued by the state	35601
board of education under section 3319.22, 3319.26, or 3319.27,	35602
~~3319.302, or 3319.304~~ of the Revised Code.	35603

(2) "Nonlicensed individual" means an individual who does not	35604
hold a valid educator license, certificate, or permit issued by	35605
the state board of education under section 3319.22, 3319.26, or	35606
3319.27~~, 3319.302, or 3319.304~~ of the Revised Code.	35607

(B) The board of education of any city, exempted village, or	35608
local school district may establish and maintain in connection	35609
with the public school systems:	35610

(1) Manual training, industrial arts, domestic science, and	35611
commercial departments;	35612

(2) Agricultural, industrial, vocational, and trades schools.

35613

Such board may pay from the public school funds, as other	35614
school expenses are paid, the expenses of establishing and	35615
maintaining such departments and schools and of directing,	35616
supervising, and coaching the pupil-activity programs in music,	35617
language, arts, speech, government, athletics, and any others	35618
directly related to the curriculum.	35619

(C) The board of education of any city, exempted village, or	35620
local school district may employ a nonlicensed individual to	35621
direct, supervise, or coach a pupil-activity program as long as	35622
that individual holds a valid pupil-activity program permit issued	35623
by the state board of education under division (A) of section	35624
3319.303 of the Revised Code.	35625

(D)(1) Except as provided in division (D)(2) of this section,	35626
a nonlicensed individual who holds a valid pupil-activity program	35627
permit may be employed under division (C) of this section only	35628
after the school district's board of education adopts a resolution	35629
stating that it has offered such position to those employees of	35630
the district who are licensed individuals and no such employee	35631
qualified to fill the position has accepted it, and has then	35632
advertised the position as available to any licensed individual	35633
who is qualified to fill it and who is not employed by the board,	35634
and no such person has applied for and accepted the position.	35635

(2) A board of education may renew the contract of any	35636
nonlicensed individual, currently employed by the board under	35637
division (C) of this section for one or more years, without first	35638
offering the position held by that individual to employees of the	35639
district who are licensed individuals or advertising the position	35640
as available to any qualified licensed individuals who are not	35641
currently employed by the board as otherwise required under	35642
division (D)(1) of this section.	35643

(E) A nonlicensed individual employed under this section is a	35644
nonteaching employee and is not an educational assistant as	35645
defined in section 3319.088 of the Revised Code. A nonlicensed	35646
individual may direct, supervise, or coach a pupil-activity	35647
program under this section as long as that pupil-activity program	35648
does not include any class or course required or offered for	35649
credit toward a pupil's promotion to the next grade or for	35650
graduation, or any activity conducted as a part of or required for	35651
such a class or course. A nonlicensed individual employed under	35652
this section may perform only the duties of the director,	35653
supervisor, or coach of the pupil-activity program for which the	35654
nonlicensed individual is employed.	35655

(F) The board shall fix the compensation of each nonlicensed	35656
individual employed under this section, which shall be the same	35657
amount as the position was or would be offered to the district's	35658
licensed employees, and execute a written contract with the	35659
nonlicensed individual for a term not to exceed one year. The	35660
contract shall specify the compensation, duration, and other terms	35661
of employment, and the compensation shall not be reduced unless	35662
such reduction is a part of a uniform plan affecting the entire	35663
district.	35664

If the state board suspends, revokes, or limits the	35665
pupil-activity program permit of a nonlicensed individual, the	35666
school district board may terminate or suspend the employment	35667
contract of that individual. Otherwise, no contract issued under	35668
this section shall be terminated or suspended except pursuant to	35669
the procedure established by division (C) of section 3319.081 of	35670
the Revised Code.	35671

Sec. 3313.532. (A) Any person twenty-two or more years of	35672
age and enrolled in an adult high school continuation program	35673
established pursuant to section 3313.531 of the Revised Code may	35674
request the board of education operating the program to conduct an	35675
evaluation in accordance with division (C) of this section.	35676

(B) Any applicant to a board of education for a diploma of	35677
adult education under division (B) of section 3313.611 of the	35678
Revised Code may request the board to conduct an evaluation in	35679
accordance with division (C) of this section.	35680

(C) Upon the request of any person pursuant to division (A)	35681
or (B) of this section, the board of education to which the	35682
request is made shall evaluate the person to determine whether the	35683
person is disabled, in accordance with rules adopted by the state	35684
board of education. If the evaluation indicates that the person is	35685
disabled, the board shall determine whether to excuse the person	35686
from taking any of the ~~tests~~assessments required by division (B)	35687
of section 3301.0710 of the Revised Code as a requirement for	35688
receiving a diploma under section 3313.611 of the Revised Code.	35689
The board may require the person to take an alternate assessment	35690
in place of any test from which the person is so excused.	35691

Sec. 3313.533. (A) The board of education of a city,	35692
exempted village, or local school district may adopt a resolution	35693
to establish and maintain an alternative school in accordance with	35694
this section. The resolution shall specify, but not necessarily be	35695
limited to, all of the following:	35696

(1) The purpose of the school, which purpose shall be to	35697
serve students who are on suspension, who are having truancy	35698
problems, who are experiencing academic failure, who have a	35699
history of class disruption, who are exhibiting other academic or	35700
behavioral problems specified in the resolution, or who have been	35701
discharged or released from the custody of the department of youth	35702
services under section 5139.51 of the Revised Code;	35703

(2) The grades served by the school, which may include any of	35704
grades kindergarten through twelve;	35705

(3) A requirement that the school be operated in accordance	35706
with this section. The board of education adopting the resolution	35707
under division (A) of this section shall be the governing board of	35708
the alternative school. The board shall develop and implement a	35709
plan for the school in accordance with the resolution establishing	35710
the school and in accordance with this section. Each plan shall	35711
include, but not necessarily be limited to, all of the following:	35712

(a) Specification of the reasons for which students will be	35713
accepted for assignment to the school and any criteria for	35714
admission that are to be used by the board to approve or	35715
disapprove the assignment of students to the school;	35716

(b) Specification of the criteria and procedures that will be	35717
used for returning students who have been assigned to the school	35718
back to the regular education program of the district;	35719

(c) An evaluation plan for assessing the effectiveness of the	35720
school and its educational program and reporting the results of	35721
the evaluation to the public.	35722

(B) Notwithstanding any provision of Title XXXIII of the	35723
Revised Code to the contrary, the alternative school plan may	35724
include any of the following:	35725

(1) A requirement that on each ~~school~~learning day students	35726
must attend school or participate in other programs specified in	35727
the plan or by the chief administrative officer of the school for	35728
a period equal to the minimum ~~school~~learning day set by the state	35729
board of education under section 3313.48 of the Revised Code plus	35730
any additional time required in the plan or by the chief	35731
administrative officer;	35732

(2) Restrictions on student participation in extracurricular	35733
or interscholastic activities;	35734

(3) A requirement that students wear uniforms prescribed by	35735
the district board of education.	35736

(C) In accordance with the alternative school plan, the	35737
district board of education may employ teachers and nonteaching	35738
employees necessary to carry out its duties and fulfill its	35739
responsibilities or may contract with a nonprofit or for profit	35740
entity to operate the alternative school, including the provision	35741
of personnel, supplies, equipment, or facilities.	35742

(D) An alternative school may be established in all or part	35743
of a school building.	35744

(E) If a district board of education elects under this	35745
section, or is required by section 3313.534 of the Revised Code,	35746
to establish an alternative school, the district board may join	35747
with the board of education of one or more other districts to form	35748
a joint alternative school by forming a cooperative education	35749
school district under section 3311.52 or 3311.521 of the Revised	35750
Code, or a joint educational program under section 3313.842 of the	35751
Revised Code. The authority to employ personnel or to contract	35752
with a nonprofit or for profit entity under division (C) of this	35753
section applies to any alternative school program established	35754
under this division.	35755

(F) Any individual employed as a teacher at an alternative	35756
school operated by a nonprofit or for profit entity under this	35757
section shall be licensed and shall be subject to background	35758
checks, as described in section 3319.39 of the Revised Code, in	35759
the same manner as an individual employed by a school district.	35760

(G) Division (G) of this section applies only to any	35761
alternative school that is operated by a nonprofit or for profit	35762
entity under contract with the school district.	35763

(1) In addition to the specifications authorized under	35764
division (B) of this section, any plan adopted under that division	35765
for an alternative school to which division (G) of this section	35766
also applies shall include the following:	35767

(a) A description of the educational program provided at the	35768
alternative school, which shall include:	35769

(i) Provisions for the school to be configured in clusters or	35770
small learning communities;	35771

(ii) Provisions for the incorporation of education technology	35772
into the curriculum;	35773

(iii) Provisions for accelerated learning programs in reading	35774
and mathematics.	35775

(b) A method to determine the reading and mathematics level	35776
of each student assigned to the alternative school and a method to	35777
continuously monitor each student's progress in those areas. The	35778
methods employed under this division shall be aligned with the	35779
curriculum adopted by the school district board of education under	35780
section 3313.60 of the Revised Code.	35781

(c) A plan for social services to be provided at the	35782
alternative school, such as, but not limited to, counseling	35783
services, psychological support services, and enrichment programs;	35784

(d) A plan for a student's transition from the alternative	35785
school back to a school operated by the school district;	35786

(e) A requirement that the alternative school maintain	35787
financial records in a manner that is compatible with the form	35788
prescribed for school districts by the auditor of state to enable	35789
the district to comply with any rules adopted by the auditor of	35790
state.	35791

(2) Notwithstanding division (A)(2) of this section, any	35792
alternative school to which division (G) of this section applies	35793
shall include only grades six through twelve.	35794

(3) Notwithstanding anything in division (A)(3)(a) of this	35795
section to the contrary, the characteristics of students who may	35796
be assigned to an alternative school to which division (G) of this	35797
section applies shall include only disruptive and low-performing	35798
students.	35799

(H) When any district board of education determines to	35800
contract with a nonprofit or for profit entity to operate an	35801
alternative school under this section, the board shall use the	35802
procedure set forth in this division.	35803

(1) The board shall publish notice of a request for proposals	35804
in a newspaper of general circulation in the district once each	35805
week for a period of at least two consecutive weeks prior to the	35806
date specified by the board for receiving proposals. Notices of	35807
requests for proposals shall contain a general description of the	35808
subject of the proposed contract and the location where the	35809
request for proposals may be obtained. The request for proposals	35810
shall include all of the following information:	35811

(a) Instructions and information to respondents concerning	35812
the submission of proposals, including the name and address of the	35813
office where proposals are to be submitted;	35814

(b) Instructions regarding communications, including at least	35815
the names, titles, and telephone numbers of persons to whom	35816
questions concerning a proposal may be directed;	35817

(c) A description of the performance criteria that will be	35818
used to evaluate whether a respondent to which a contract is	35819
awarded is meeting the district's educational standards or the	35820
method by which such performance criteria will be determined;	35821

(d) Factors and criteria to be considered in evaluating	35822
proposals, the relative importance of each factor or criterion,	35823
and a description of the evaluation procedures to be followed;	35824

(e) Any terms or conditions of the proposed contract,	35825
including any requirement for a bond and the amount of such bond;	35826

(f) Documents that may be incorporated by reference into the	35827
request for proposals, provided that the request for proposals	35828
specifies where such documents may be obtained and that such	35829
documents are readily available to all interested parties.	35830

(2) After the date specified for receiving proposals, the	35831
board shall evaluate the submitted proposals and may hold	35832
discussions with any respondent to ensure a complete understanding	35833
of the proposal and the qualifications of such respondent to	35834
execute the proposed contract. Such qualifications shall include,	35835
but are not limited to, all of the following:	35836

(a) Demonstrated competence in performance of the required	35837
services as indicated by effective implementation of educational	35838
programs in reading and mathematics and at least three years of	35839
experience successfully serving a student population similar to	35840
the student population assigned to the alternative school;	35841

(b) Demonstrated performance in the areas of cost	35842
containment, the provision of educational services of a high	35843
quality, and any other areas determined by the board;	35844

(c) Whether the respondent has the resources to undertake the	35845
operation of the alternative school and to provide qualified	35846
personnel to staff the school;	35847

(d) Financial responsibility.

35848

(3) The board shall select for further review at least three	35849
proposals from respondents the board considers qualified to	35850
operate the alternative school in the best interests of the	35851
students and the district. If fewer than three proposals are	35852
submitted, the board shall select each proposal submitted. The	35853
board may cancel a request for proposals or reject all proposals	35854
at any time prior to the execution of a contract.	35855

The board may hold discussions with any of the three selected	35856
respondents to clarify or revise the provisions of a proposal or	35857
the proposed contract to ensure complete understanding between the	35858
board and the respondent of the terms under which a contract will	35859
be entered. Respondents shall be accorded fair and equal treatment	35860
with respect to any opportunity for discussion regarding	35861
clarifications or revisions. The board may terminate or	35862
discontinue any further discussion with a respondent upon written	35863
notice.	35864

(4) Upon further review of the three proposals selected by	35865
the board, the board shall award a contract to the respondent the	35866
board considers to have the most merit, taking into consideration	35867
the scope, complexity, and nature of the services to be performed	35868
by the respondent under the contract.	35869

(5) Except as provided in division (H)(6) of this section,	35870
the request for proposals, submitted proposals, and related	35871
documents shall become public records under section 149.43 of the	35872
Revised Code after the award of the contract.	35873

(6) Any respondent may request in writing that the board not	35874
disclose confidential or proprietary information or trade secrets	35875
contained in the proposal submitted by the respondent to the	35876
board. Any such request shall be accompanied by an offer of	35877
indemnification from the respondent to the board. The board shall	35878
determine whether to agree to the request and shall inform the	35879
respondent in writing of its decision. If the board agrees to	35880
nondisclosure of specified information in a proposal, such	35881
information shall not become a public record under section 149.43	35882
of the Revised Code. If the respondent withdraws its proposal at	35883
any time prior to the execution of a contract, the proposal shall	35884
not be a public record under section 149.43 of the Revised Code.	35885

(I) Upon a recommendation from the department and in	35886
accordance with section 3301.16 of the Revised Code, the state	35887
board of education may revoke the charter of any alternative	35888
school operated by a school district that violates this section.	35889

Sec. 3313.536. (A) The board of education of each city,	35890
exempted village, and local school district and the governing	35891
authority of each chartered nonpublic school shall adopt a	35892
comprehensive school safety plan for each school building under	35893
the board's or governing authority's control. The board or	35894
governing authority shall examine the environmental conditions and	35895
operations of each building to determine potential hazards to	35896
student and staff safety and shall propose operating changes to	35897
promote the prevention of potentially dangerous problems and	35898
circumstances. In developing the plan for each building, the board	35899
or governing authority shall involve community law enforcement and	35900
safety officials, parents of students who are assigned to the	35901
building, and teachers and nonteaching employees who are assigned	35902
to the building. The board or governing authority shall consider	35903
incorporating remediation strategies into the plan for any	35904
building where documented safety problems have occurred.	35905

The board or governing authority shall incorporate into the	35906
plan both of the following:	35907

(1) A protocol for addressing serious threats to the safety	35908
of school property, students, employees, or administrators;	35909

(2) A protocol for responding to any emergency events that do	35910
occur and that compromise the safety of school property, students,	35911
employees, or administrators.	35912

Each protocol shall include procedures deemed appropriate by	35913
the board or governing authority for responding to threats and	35914
emergency events, respectively, including such things as	35915
notification of appropriate law enforcement personnel, calling	35916
upon specified emergency response personnel for assistance, and	35917
informing parents of affected students. Prior to the opening day	35918
of each school year, the board or governing authority shall inform	35919
each student enrolled in the school and the student's parent of	35920
the parental notification procedures included in the protocol.	35921

(B) The board or governing authority shall update the safety	35922
plan at least once every three years and whenever a major	35923
modification to the building requires changes in the procedures	35924
outlined in the plan.	35925

(C) The board or governing authority shall file a copy of the	35926
current safety plan and building blueprint with each law	35927
enforcement agency that has jurisdiction over the school building	35928
and, upon request, the fire department that serves the political	35929
subdivision in which the school building is located. The board or	35930
governing authority also shall file a copy of the current safety	35931
plan and a floor plan of the building, but not a building	35932
blueprint, with the attorney general, who shall post that	35933
information on the Ohio law enforcement gateway or its successor.	35934

Copies of safety plans, building blueprints, and floor plans	35935
shall be filed as described in this division not later than the	35936
ninety-first day after ~~the effective date of this amendment~~March	35937
30, 2007. If a board or governing authority revises a safety plan,	35938
building blueprint, or floor plan after the initial filing, the	35939
board or governing authority shall file copies of the revised	35940
safety plan, building blueprint, or floor plan in the manner	35941
described in this division not later than the ninety-first day	35942
after the revision is adopted.	35943

Copies of the safety plan and building blueprint are not a	35944
public record pursuant to section 149.433 of the Revised Code.	35945

Notwithstanding section 149.433 of the Revised Code, a	35946
building floor plan filed with the attorney general pursuant to	35947
this division is not a public record to the extent it is a record	35948
kept by the attorney general. This paragraph does not affect the	35949
status of a floor plan kept as a record by another public office.	35950

The board or governing authority, each law enforcement agency	35951
and fire department to which copies of the safety plan and	35952
building blueprint are provided, and the attorney general shall	35953
keep the copies in a secure place.	35954

(D) The board or governing authority shall grant access to	35955
each school building under its control to law enforcement	35956
personnel to enable the personnel to hold training sessions for	35957
responding to threats and emergency events affecting the building,	35958
provided that the access occurs outside of student instructional	35959
hours and an employee of the board or governing authority is	35960
present in the building during the training sessions.	35961

Sec. 3313.55. The board of education of any school district	35962
in which is located a state, district, county, or municipal	35963
hospital for children with epilepsy or any public institution,	35964
except state institutions for the care and treatment of	35965
delinquent, unstable, or socially maladjusted children, shall make	35966
provision for the education of all educable children therein;	35967
except that in the event another school district within the same	35968
county or an adjoining county is the source of sixty per cent or	35969
more of the children in said hospital or institution, the board of	35970
that school district shall make provision for the education of all	35971
the children therein. In any case in which a board provides	35972
educational facilities under this section, the board that provides	35973
the facilities shall be entitled to all moneys authorized for the	35974
attendance of pupils as provided in Chapter 3306. or 3317. of the	35975
Revised Code, tuition as provided in section 3317.08 of the	35976
Revised Code, and such additional compensation as is provided for	35977
crippled children in sections 3323.01 to 3323.12 of the Revised	35978
Code. Any board that provides the educational facilities for	35979
children in county or municipal institutions established for the	35980
care and treatment of children who are delinquent, unstable, or	35981
socially maladjusted shall not be entitled to any moneys provided	35982
for crippled children in sections 3323.01 to 3323.12 of the	35983
Revised Code.	35984

Sec. 3313.60. Notwithstanding division (D) of section	35985
3311.52 of the Revised Code, divisions (A) to (E) of this section	35986
do not apply to any cooperative education school district	35987
established pursuant to divisions (A) to (C) of section 3311.52 of	35988
the Revised Code.	35989

(A) The board of education of each city and exempted village	35990
school district, the governing board of each educational service	35991
center, and the board of each cooperative education school	35992
district established pursuant to section 3311.521 of the Revised	35993
Code shall prescribe a curriculum for all schools under their	35994
control. Except as provided in division (E) of this section, in	35995
any such curriculum there shall be included the study of the	35996
following subjects:	35997

(1) The language arts, including reading, writing, spelling,	35998
oral and written English, and literature;	35999

(2) Geography, the history of the United States and of Ohio,	36000
and national, state, and local government in the United States,	36001
including a balanced presentation of the relevant contributions to	36002
society of men and women of African, Mexican, Puerto Rican, and	36003
American Indian descent as well as other ethnic and racial groups	36004
in Ohio and the United States;	36005

(3) Mathematics;

36006

(4) Natural science, including instruction in the	36007
conservation of natural resources;	36008

(5) Health education, which shall include instruction in:

36009

(a) The nutritive value of foods, including natural and	36010
organically produced foods, the relation of nutrition to health,	36011
the use and effects of food additives;	36012

(b) The harmful effects of and legal restrictions against the	36013
use of drugs of abuse, alcoholic beverages, and tobacco;	36014

(c) Venereal disease education, except that upon written	36015
request of the student's parent or guardian, a student shall be	36016
excused from taking instruction in venereal disease education;	36017

(d) In grades kindergarten through six, instruction in	36018
personal safety and assault prevention, except that upon written	36019
request of the student's parent or guardian, a student shall be	36020
excused from taking instruction in personal safety and assault	36021
prevention.	36022

(6) Physical education;

36023

(7) The fine arts, including music;

36024

(8) First aid, including a training program in	36025
cardiopulmonary resuscitation, safety, and fire prevention, except	36026
that upon written request of the student's parent or guardian, a	36027
student shall be excused from taking instruction in	36028
cardiopulmonary resuscitation;	36029

(9) In grade seven or eight, life and career-ready skills,	36030
including financial literacy, entrepreneurship, career planning	36031
and awareness, and any other skills identified by the	36032
superintendent of public instruction. The state superintendent	36033
shall issue program guidance and guidelines to assist with the	36034
implementation of division (A)(9) of this section.	36035

(B) Except as provided in division (E) of this section, every	36036
school or school district shall include in the requirements for	36037
promotion from the eighth grade to the ninth grade one year's	36038
course of study of American history. A board may waive this	36039
requirement for academically accelerated students who, in	36040
accordance with procedures adopted by the board, are able to	36041
demonstrate mastery of essential concepts and skills of the	36042
eighth grade American history course of study.	36043

(C) Except as provided in division (E) of this section, every	36044
high school shall include in the requirements for graduation from	36045
any curriculum one unit of American history and government,	36046
including a study of the constitutions of the United States and of	36047
Ohio.	36048

(D) Except as provided in division (E) of this section, basic	36049
instruction in geography, United States history, the government of	36050
the United States, the government of the state of Ohio, local	36051
government in Ohio, the Declaration of Independence, the United	36052
States Constitution, and the Constitution of the state of Ohio	36053
shall be required before pupils may participate in courses	36054
involving the study of social problems, economics, foreign	36055
affairs, United Nations, world government, socialism and	36056
communism.	36057

(E) For each cooperative education school district	36058
established pursuant to section 3311.521 of the Revised Code and	36059
each city, exempted village, and local school district that has	36060
territory within such a cooperative district, the curriculum	36061
adopted pursuant to divisions (A) to (D) of this section shall	36062
only include the study of the subjects that apply to the grades	36063
operated by each such school district. The curriculums for such	36064
schools, when combined, shall provide to each student of these	36065
districts all of the subjects required under divisions (A) to (D)	36066
of this section.	36067

(F) The board of education of any cooperative education	36068
school district established pursuant to divisions (A) to (C) of	36069
section 3311.52 of the Revised Code shall prescribe a curriculum	36070
for the subject areas and grade levels offered in any school under	36071
its control.	36072

(G) Upon the request of any parent or legal guardian of a	36073
student, the board of education of any school district shall	36074
permit the parent or guardian to promptly examine, with respect to	36075
the parent's or guardian's own child:	36076

(1) Any survey or questionnaire, prior to its administration	36077
to the child;	36078

(2) Any textbook, workbook, software, video, or other	36079
instructional materials being used by the district in connection	36080
with the instruction of the child;	36081

(3) Any completed and graded test taken or survey or	36082
questionnaire filled out by the child;	36083

(4) Copies of the statewide academic standards and each model	36084
curriculum developed pursuant to section 3301.079 of the Revised	36085
Code, which copies shall be available at all times during school	36086
hours in each district school building.	36087

Sec. 3313.603. (A) As used in this section:

36088

(1) "One unit" means a minimum of one hundred twenty hours of	36089
course instruction, except that for a laboratory course, "one	36090
unit" means a minimum of one hundred fifty hours of course	36091
instruction.	36092

(2) "One-half unit" means a minimum of sixty hours of course	36093
instruction, except that for physical education courses, "one-half	36094
unit" means a minimum of one hundred twenty hours of course	36095
instruction.	36096

(B) Beginning September 15, 2001, except as required in	36097
division (C) of this section and division (C) of section 3313.614	36098
of the Revised Code, the requirements for graduation from every	36099
high school shall include twenty units earned in grades nine	36100
through twelve and shall be distributed as follows:	36101

(1) English language arts, four units;

36102

(2) Health, one-half unit;

36103

(3) Mathematics, three units;

36104

(4) Physical education, one-half unit;

36105

(5) Science, two units until September 15, 2003, and three	36106
units thereafter, which at all times shall include both of the	36107
following:	36108

(a) Biological sciences, one unit;

36109

(b) Physical sciences, one unit.

36110

(6) Social studies, three units, which shall include both of	36111
the following:	36112

(a) American history, one-half unit;

36113

(b) American government, one-half unit.

36114

(7) Elective units, seven units until September 15, 2003, and	36115
six units thereafter.	36116

Each student's electives shall include at least one unit, or	36117
two half units, chosen from among the areas of	36118
business/technology, fine arts, and/or foreign language.	36119

(C) Beginning with students who enter ninth grade for the	36120
first time on or after July 1, 2010, except as provided in	36121
divisions (D) to (F) of this section, the requirements for	36122
graduation from every public and chartered nonpublic high school	36123
shall include twenty units that are designed to prepare students	36124
for the workforce and college. The units shall be distributed as	36125
follows:	36126

(1) English language arts, four units;

36127

(2) Health, one-half unit;

36128

(3) Mathematics, four units, which shall include one unit of	36129
algebra II or the equivalent of algebra II;	36130

(4) Physical education, one-half unit;

36131

(5) Science, three units with inquiry-based laboratory	36132
experience that engages students in asking valid scientific	36133
questions and gathering and analyzing information, which shall	36134
include the following, or their equivalent:	36135

(a) Physical sciences, one unit;

36136

(b) Life sciences, one unit;

36137

(c) Advanced study in one or more of the following sciences,	36138
one unit:	36139

(i) Chemistry, physics, or other physical science;

36140

(ii) Advanced biology or other life science;

36141

(iii) Astronomy, physical geology, or other earth or space	36142
science.	36143

(6) Social studies, three units, which shall include both of	36144
the following:	36145

(a) American history, one-half unit;

36146

(b) American government, one-half unit.

36147

Each school shall integrate the study of economics and	36148
financial literacy, as expressed in the social studies academic	36149
content standards adopted by the state board of education under	36150
division (A)(1) of section 3301.079 of the Revised Code and the	36151
academic content standards for financial literacy and	36152
entrepreneurship adopted under division (A)(2) of that section,	36153
into one or more existing social studies credits required under	36154
division (C)(6) of this section, or into the content of another	36155
class, so that every high school student receives instruction in	36156
those concepts. In developing the curriculum required by this	36157
paragraph, schools shall use available public-private	36158
partnerships and resources and materials that exist in business,	36159
industry, and through the centers for economics education at	36160
institutions of higher education in the state.	36161

(7) Five units consisting of one or any combination of	36162
foreign language, fine arts, business, career-technical education,	36163
family and consumer sciences, technology, agricultural education,	36164
or English language arts, mathematics, science, or social studies	36165
courses not otherwise required under division (C) of this section.	36166

Ohioans must be prepared to apply increased knowledge and	36167
skills in the workplace and to adapt their knowledge and skills	36168
quickly to meet the rapidly changing conditions of the	36169
twenty-first century. National studies indicate that all high	36170
school graduates need the same academic foundation, regardless of	36171
the opportunities they pursue after graduation. The goal of Ohio's	36172
system of elementary and secondary education is to prepare all	36173
students for and seamlessly connect all students to success in	36174
life beyond high school graduation, regardless of whether the next	36175
step is entering the workforce, beginning an apprenticeship,	36176
engaging in post-secondary training, serving in the military, or	36177
pursuing a college degree.	36178

The Ohio core curriculum is the standard expectation for all	36179
students entering ninth grade for the first time at a public or	36180
chartered nonpublic high school on or after July 1, 2010. A	36181
student may satisfy this expectation through a variety of methods,	36182
including, but not limited to, integrated, applied,	36183
career-technical, and traditional coursework.	36184

Whereas teacher quality is essential for student success in	36185
completing the Ohio core curriculum, the general assembly shall	36186
appropriate funds for strategic initiatives designed to strengthen	36187
schools' capacities to hire and retain highly qualified teachers	36188
in the subject areas required by the curriculum. Such initiatives	36189
are expected to require an investment of $120,000,000 over five	36190
years.	36191

Stronger coordination between high schools and institutions	36192
of higher education is necessary to prepare students for more	36193
challenging academic endeavors and to lessen the need for academic	36194
remediation in college, thereby reducing the costs of higher	36195
education for Ohio's students, families, and the state. The state	36196
board of education, the Ohio board of regents, and the partnership	36197
for continued learning shall develop policies to ensure that only	36198
in rare instances will students who complete the Ohio core	36199
curriculum require academic remediation after high school.	36200

School districts, community schools, and chartered nonpublic	36201
schools shall integrate technology into learning experiences	36202
whenever practicable across the curriculum in order to maximize	36203
efficiency, enhance learning, and prepare students for success in	36204
the technology-driven twenty-first century. Districts and schools	36205
may use distance and web-based course delivery as a method of	36206
providing or augmenting all instruction required under this	36207
division, including laboratory experience in science. Districts	36208
and schools shall whenever practicable utilize technology access	36209
and electronic learning opportunities provided by the eTech Ohio	36210
commission, the Ohio learning network, education technology	36211
centers, public television stations, and other public and private	36212
providers.	36213

(D) Except as provided in division (E) of this section, a	36214
student who enters ninth grade on or after July 1, 2010, and	36215
before July 1, 2014, may qualify for graduation from a public or	36216
chartered nonpublic high school even though the student has not	36217
completed the Ohio core curriculum prescribed in division (C) of	36218
this section if all of the following conditions are satisfied:	36219

(1) After the student has attended high school for two years,	36220
as determined by the school, the student and the student's parent,	36221
guardian, or custodian sign and file with the school a written	36222
statement asserting the parent's, guardian's, or custodian's	36223
consent to the student's graduating without completing the Ohio	36224
core curriculum and acknowledging that one consequence of not	36225
completing the Ohio core curriculum is ineligibility to enroll in	36226
most state universities in Ohio without further coursework.	36227

(2) The student and parent, guardian, or custodian fulfill	36228
any procedural requirements the school stipulates to ensure the	36229
student's and parent's, guardian's, or custodian's informed	36230
consent and to facilitate orderly filing of statements under	36231
division (D)(1) of this section.	36232

(3) The student and the student's parent, guardian, or	36233
custodian and a representative of the student's high school	36234
jointly develop an individual career plan for the student that	36235
specifies the student matriculating to a two-year degree program,	36236
acquiring a business and industry credential, or entering an	36237
apprenticeship.	36238

(4) The student's high school provides counseling and support	36239
for the student related to the plan developed under division	36240
(D)(3) of this section during the remainder of the student's high	36241
school experience.	36242

(5) The student successfully completes, at a minimum, the	36243
curriculum prescribed in division (B) of this section.	36244

The partnership for continued learning, in collaboration with	36245
the department of education and the Ohio board of regents, shall	36246
analyze student performance data to determine if there are	36247
mitigating factors that warrant extending the exception permitted	36248
by division (D) of this section to high school classes beyond	36249
those entering ninth grade before July 1, 2014. The partnership	36250
shall submit its findings and any recommendations not later than	36251
August 1, 2014, to the speaker and minority leader of the house of	36252
representatives, the president and minority leader of the senate,	36253
the chairpersons and ranking minority members of the standing	36254
committees of the house of representatives and the senate that	36255
consider education legislation, the state board of education, and	36256
the superintendent of public instruction.	36257

(E) Each school district and chartered nonpublic school	36258
retains the authority to require an even more rigorous minimum	36259
curriculum for high school graduation than specified in division	36260
(B) or (C) of this section. A school district board of education,	36261
through the adoption of a resolution, or the governing authority	36262
of a chartered nonpublic school may stipulate any of the	36263
following:	36264

(1) A minimum high school curriculum that requires more than	36265
twenty units of academic credit to graduate;	36266

(2) An exception to the district's or school's minimum high	36267
school curriculum that is comparable to the exception provided in	36268
division (D) of this section but with additional requirements,	36269
which may include a requirement that the student successfully	36270
complete more than the minimum curriculum prescribed in division	36271
(B) of this section;	36272

(3) That no exception comparable to that provided in division	36273
(D) of this section is available.	36274

(F) A student enrolled in a dropout prevention and recovery	36275
program, which program has received a waiver from the department	36276
of education, may qualify for graduation from high school by	36277
successfully completing a competency-based instructional program	36278
administered by the dropout prevention and recovery program in	36279
lieu of completing the Ohio core curriculum prescribed in division	36280
(C) of this section. The department shall grant a waiver to a	36281
dropout prevention and recovery program, within sixty days after	36282
the program applies for the waiver, if the program meets all of	36283
the following conditions:	36284

(1) The program serves only students not younger than sixteen	36285
years of age and not older than twenty-one years of age.	36286

(2) The program enrolls students who, at the time of their	36287
initial enrollment, either, or both, are at least one grade level	36288
behind their cohort age groups or experience crises that	36289
significantly interfere with their academic progress such that	36290
they are prevented from continuing their traditional programs.	36291

(3) The program requires students to attain at least the	36292
applicable score designated for each of the ~~tests~~assessments	36293
prescribed under division (B)(1) of section 3301.0710 of the	36294
Revised Code or, to the extent prescribed by rule of the state	36295
board of education under division (E)(6) of section 3301.0712 of	36296
the Revised Code, division (B)(2) of that section.	36297

(4) The program develops an individual career plan for the	36298
student that specifies the student's matriculating to a two-year	36299
degree program, acquiring a business and industry credential, or	36300
entering an apprenticeship.	36301

(5) The program provides counseling and support for the	36302
student related to the plan developed under division (F)(4) of	36303
this section during the remainder of the student's high school	36304
experience.	36305

(6) The program requires the student and the student's	36306
parent, guardian, or custodian to sign and file, in accordance	36307
with procedural requirements stipulated by the program, a written	36308
statement asserting the parent's, guardian's, or custodian's	36309
consent to the student's graduating without completing the Ohio	36310
core curriculum and acknowledging that one consequence of not	36311
completing the Ohio core curriculum is ineligibility to enroll in	36312
most state universities in Ohio without further coursework.	36313

(7) Prior to receiving the waiver, the program has submitted	36314
to the department an instructional plan that demonstrates how the	36315
academic content standards adopted by the state board of education	36316
under section 3301.079 of the Revised Code will be taught and	36317
assessed.	36318

If the department does not act either to grant the waiver or	36319
to reject the program application for the waiver within sixty days	36320
as required under this section, the waiver shall be considered to	36321
be granted.	36322

(G) Every high school may permit students below the ninth	36323
grade to take advanced work ~~for~~. If a high school so permits, it	36324
shall award high school credit~~. A high school~~for successful	36325
completion of the advanced work and shall count such advanced work	36326
toward the graduation requirements of division (B) or (C) of this	36327
section if the advanced work was both:	36328

(1) Taught by a person who possesses a license or certificate	36329
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	36330
Code that is valid for teaching high school;	36331

(2) Designated by the board of education of the city, local,	36332
or exempted village school district, the board of the cooperative	36333
education school district, or the governing authority of the	36334
chartered nonpublic school as meeting the high school curriculum	36335
requirements.	36336

Each high school shall record on the student's high school	36337
transcript all high school credit awarded under division (G) of	36338
this section. In addition, if the student completed a seventh- or	36339
eighth-grade fine arts course described in division (K) of this	36340
section and the course qualified for high school credit under that	36341
division, the high school shall record that course on the	36342
student's high school transcript.	36343

(H) The department shall make its individual academic career	36344
plan available through its Ohio career information system web site	36345
for districts and schools to use as a tool for communicating with	36346
and providing guidance to students and families in selecting high	36347
school courses.	36348

(I) Units earned in English language arts, mathematics,	36349
science, and social studies that are delivered through integrated	36350
academic and career-technical instruction are eligible to meet the	36351
graduation requirements of division (B) or (C) of this section.	36352

(J) The state board of education, in consultation with the	36353
Ohio board of regents and the partnership for continued learning,	36354
shall adopt a statewide plan implementing methods for students to	36355
earn units of high school credit based on a demonstration of	36356
subject area competency, instead of or in combination with	36357
completing hours of classroom instruction. The state board shall	36358
adopt the plan not later than March 31, 2009, and commence phasing	36359
in the plan during the 2009-2010 school year. The plan shall	36360
include a standard method for recording demonstrated proficiency	36361
on high school transcripts. Each school district, community	36362
school, and chartered nonpublic school shall comply with the state	36363
board's plan adopted under this division and award units of high	36364
school credit in accordance with the plan. The state board may	36365
adopt existing methods for earning high school credit based on a	36366
demonstration of subject area competency as necessary prior to the	36367
2009-2010 school year.	36368

(K) This division does not apply to students who qualify for	36369
graduation from high school under division (D) or (F) of this	36370
section, or to students pursuing a career-technical instructional	36371
track as determined by the school district board of education or	36372
the chartered nonpublic school's governing authority.	36373
Nevertheless, the general assembly encourages such students to	36374
consider enrolling in a fine arts course as an elective.	36375

Beginning with students who enter ninth grade for the first	36376
time on or after July 1, 2010, each student enrolled in a public	36377
or chartered nonpublic high school shall complete two semesters or	36378
the equivalent of fine arts to graduate from high school. The	36379
coursework may be completed in any of grades seven to twelve. Each	36380
student who completes a fine arts course in grade seven or eight	36381
may elect to count that course toward the five units of electives	36382
required for graduation under division (C)(7) of this section, if	36383
the course satisfied the requirements of division (G) of this	36384
section. In that case, the high school shall award the student	36385
high school credit for the course and count the course toward the	36386
five units required under division (C)(7) of this section. If the	36387
course in grade seven or eight did not satisfy the requirements of	36388
division (G) of this section, the high school shall not award the	36389
student high school credit for the course but shall count the	36390
course toward the two semesters or the equivalent of fine arts	36391
required by this division.	36392

(L) Notwithstanding anything to the contrary in this section,	36393
the board of education of each school district and the governing	36394
authority of each chartered nonpublic school may adopt a policy to	36395
excuse from the high school physical education requirement each	36396
student who, during high school, has participated in	36397
interscholastic athletics, marching band, or cheerleading for at	36398
least two full seasons. If the board or authority adopts such a	36399
policy, the board or authority shall not require the student to	36400
complete any physical education course as a condition to graduate.	36401
However, the student shall be required to complete one-half unit,	36402
consisting of at least sixty hours of instruction, in another	36403
course of study.	36404

Sec. 3313.605. (A) As used in this section:

36405

(1) "Civic responsibility" means the patriotic and ethical	36406
duties of all citizens to take an active role in society and to	36407
consider the interests and concerns of other individuals in the	36408
community.	36409

(2) "Volunteerism" means nonprofit activity in the United	36410
States, the benefits and limitations of nonprofit activities, and	36411
the presence and function of nonprofit civic and charitable	36412
organizations in the United States.	36413

(3) "Community service" means a service performed through	36414
educational institutions, government agencies, nonprofit	36415
organizations, social service agencies, and philanthropies and	36416
generally designed to provide direct experience with people or	36417
project planning, with the goal of improving the quality of life	36418
for the community. Such activities may include but are not limited	36419
to tutoring, literacy training, neighborhood improvement,	36420
encouraging interracial and multicultural understanding, promoting	36421
ideals of patriotism, increasing environmental safety, assisting	36422
the elderly or disabled, and providing mental health care,	36423
housing, drug abuse prevention programs, and other philanthropic	36424
programs, particularly for disadvantaged or low-income persons.	36425

(B) ~~Any~~The board of education of each city, local, exempted	36426
village, orand joint vocational school district ~~board of~~	36427
~~education may~~, the governing authority of each community school	36428
established under Chapter 3314. of the Revised Code, and the	36429
governing body of each STEM school established under Chapter 3326.	36430
of the Revised Code shall include community service education in	36431
~~the~~its educational program ~~of the district by adopting a~~	36432
~~resolution to that effect~~. A governing board of an educational	36433
service center, upon the request of a local school district board	36434
of education, may provide a community service education program	36435
for the local district pursuant to this section. ~~Any board~~In	36436
implementing community service education, each board, governing	36437
authority, or governing body shall do both of the following:	36438

(1) Establish a community service advisory committee. The	36439
committee shall provide recommendations to the board, governing	36440
authority, or governing body regarding a community service plan	36441
for students ~~in all grades of the schools under control of the~~	36442
~~board~~ and shall oversee and assist in the implementation of the	36443
plan adopted by the board, governing authority, or governing body	36444
under division (B)(2) of this section. Each board, governing	36445
authority, or governing body shall determine the membership and	36446
organization of its advisory committee and may designate an	36447
existing committee established for another purpose to serve as the	36448
community service advisory committee; however, each such	36449
committee shall include two or more students and shall include or	36450
consult with at least one person employed in the field of	36451
volunteer management who devotes at least fifty per cent of	36452
employment hours to coordinating volunteerism among community	36453
organizations. The committee members may include representatives	36454
of parents, teachers, administrators, other educational	36455
institutions, business, government, nonprofit organizations,	36456
veterans organizations, social service agencies, religious	36457
organizations, and philanthropies.	36458

(2) Develop and implement a community service plan ~~for~~	36459
~~students in all grades of the schools under control of the board~~.	36460
To assist in establishing its plan, the board, governing	36461
authority, or governing body shall consult with and may contract	36462
with one or more local or regional organizations with experience	36463
in volunteer program development and management. Each community	36464
service plan adopted under this division shall be based upon the	36465
recommendations of the advisory committee and shall provide for	36466
all of the following:	36467

(a) Education of students in the value of community service	36468
and its contributions to the history of this state and this	36469
nation;	36470

(b) Identification of opportunities for students to provide	36471
community service;	36472

36473

(d) Integration of community service opportunities into the	36474
curriculum;	36475

(e) Guidelines for the community service learning project	36476
prescribed by division (B)(2) of section 3301.0710 and section	36477
3301.0712 of the Revised Code, consistent with the scoring rubric	36478
developed for such project under section 3301.0712 of the Revised	36479
Code;	36480

(f) A community service instructional program for teachers,	36481
including strategies for the teaching of community service	36482
education, for the discovery of community service opportunities,	36483
and for the motivation of students to become involved in community	36484
service.	36485

Plans shall be reviewed periodically by the advisory	36486
committee and, if necessary, revised by the board, governing	36487
authority, or governing body at least once every five years.	36488

~~Plans shall emphasize community service opportunities that~~	36489
~~can most effectively use the skills of students, such as tutoring~~	36490
~~or literacy programs.~~ Plans shall provide for students to perform	36491
services under the plan that will not supplant the hiring of,	36492
result in the displacement of, or impair any existing employment	36493
contract of any particular employee of any private or governmental	36494
entity for which the services are performed. The plan shall	36495
provide for any entity utilizing a student to perform community	36496
service under the plan to verify to the board that the student	36497
does not supplant the hiring of, displace, or impair the	36498
employment contract of any particular employee of the entity.	36499

Upon adoption, a board, governing authority, or governing	36500
body shall submit a copy of its plan to the department of	36501
education. Each city and exempted village board of education and	36502
each governing board of a service center shall include a copy of	36503
its plan in any course of study adopted under section 3313.60 of	36504
the Revised Code that is required to be submitted for approval to	36505
the state board for review. A joint vocational school district	36506
board of education shall submit a copy of its plan to the state	36507
board for review when required to do so by the state board. A	36508
local board shall forward its plan to the educational service	36509
center governing board for inclusion in the governing board's	36510
course of study. ~~By December 1, 1992, and periodically thereafter,~~	36511
~~the~~The department ~~of education~~periodically shall review all	36512
plans and publish those plans that could serve as models for other	36513
school districts or, educational service centers, community	36514
schools, or STEM schools.	36515

(C) AUnder this section, a board ~~integrating community~~	36516
~~service education into the curriculum~~, governing authority, or	36517
governing body may only grant high school credit for a community	36518
service education course if approximately half of the course is	36519
devoted to classroom study of such matters as civic	36520
responsibility, the history of volunteerism, and community service	36521
training and approximately half of the course is devoted to	36522
community service.	36523

Each board, governing authority, or governing body shall	36524
determine which specific activities will serve to fulfill the	36525
required hours of community service.	36526

(D) Each board, governing authority, or governing body shall	36527
use the rubric developed under section 3301.0712 of the Revised	36528
Code to determine whether the community service project required	36529
as a part of the high school assessment system meets the criteria	36530
for high school graduation.	36531

Sec. 3313.607. (A) The board of education of ~~any~~each school	36532
district ~~may provide assistance to any student to~~, the governing	36533
authority of each community school operating under Chapter 3314.	36534
of the Revised Code, and the governing body of each STEM school	36535
operating under Chapter 3326. of the Revised Code shall require	36536
all students to develop a written career and college plan as part	36537
of the course required by division (A)(9) of section 3313.60 of	36538
the Revised Code. ~~If a school district receives any state money~~	36539
~~appropriated for the purposes of this section, career~~Career and	36540
college plans ~~developed utilizing these funds~~ shall be completed	36541
prior to the end of the eighth grade year, shall identify career	36542
goals and indicate educational goals to prepare for those career	36543
goals, and shall be updated periodically as students successfully	36544
complete high school coursework~~, and shall~~. Career and college	36545
plans may culminate in a career passport described by division (B)	36546
of this section.	36547

(B) The board of education of any school district, the	36548
governing authority of a community school, or the governing body	36549
of a STEM school may provide an individual career passport to any	36550
student upon the successful completion of the coursework of any	36551
high school. If a school district, governing authority, or	36552
governing body receives any state money for the purposes of this	36553
section, a career passport shall be provided to each such student.	36554
Each such passport shall document the knowledge and skills of the	36555
student, including documentation of the student's coursework and	36556
any employment, community, or leadership experiences. Each such	36557
passport shall also list the competency levels the student	36558
achieved, disclose the student's attendance record, and identify	36559
the career credentials the student gained.	36560

Sec. 3313.608. (A) Beginning with students who enter third	36561
grade in the school year that starts July 1, ~~2003~~2009, for any	36562
student who attains a score in the range designated under division	36563
(A)(2)~~(e)~~(c) of section 3301.0710 of the Revised Code on the ~~test~~	36564
assessment prescribed under that section to measure skill in	36565
~~reading~~English language arts expected at the end of third grade,	36566
each school district, in accordance with the policy adopted under	36567
section 3313.609 of the Revised Code, shall do one of the	36568
following:	36569

(1) Promote the student to fourth grade if the student's	36570
principal and reading teacher agree that other evaluations of the	36571
student's skill in reading demonstrate that the student is	36572
academically prepared to be promoted to fourth grade;	36573

(2) Promote the student to fourth grade but provide the	36574
student with intensive intervention services in fourth grade;	36575

(3) Retain the student in third grade.

36576

(B)(1) To assist students in meeting this third grade	36577
guarantee established by this section, each school district shall	36578
adopt policies and procedures with which it shall annually assess	36579
the reading skills of each student at the end of first and second	36580
grade and identify students who are reading below their grade	36581
level. If the diagnostic assessment to measure ~~reading~~English	36582
language arts ability for the appropriate grade level has been	36583
developed in accordance with division (D)(1) of section 3301.079	36584
of the Revised Code, each school district shall use such	36585
diagnostic assessment to identify such students, except that any	36586
district to which division (E) of section 3301.0715 of the	36587
Revised Code applies may use another assessment to identify such	36588
students. The policies and procedures shall require the students'	36589
classroom teachers to be involved in the assessment and the	36590
identification of students reading below grade level. The	36591
district shall notify the parent or guardian of each student whose	36592
reading skills are below grade level and, in accordance with	36593
division (C) of this section, provide intervention services to	36594
each student reading below grade level. Such intervention	36595
services shall include instruction in intensive, systematic	36596
phonetics pursuant to rules adopted by the state board of	36597
education.	36598

(2) For each student entering third grade after July 1, ~~2003~~	36599
2009, who does not attain by the end of the third grade at least a	36600
score in the range designated under division (A)(2)~~(c)~~(b) of	36601
section 3301.0710 of the Revised Code on the ~~test~~assessment	36602
prescribed under that section to measure skill in ~~reading~~English	36603
language arts expected at the end of third grade, the district	36604
also shall offer intense remediation services during the summer	36605
following third grade.	36606

(C) For each student required to be offered intervention	36607
services under this section, the district shall involve the	36608
student's parent or guardian and classroom teacher in developing	36609
the intervention strategy, and shall offer to the parent or	36610
guardian the opportunity to be involved in the intervention	36611
services.	36612

(D) Any summer remediation services funded in whole or in	36613
part by the state and offered by school districts to students	36614
under this section shall meet the following conditions:	36615

(1) The remediation methods are based on reliable educational	36616
research.	36617

(2) The school districts conduct ~~testing~~assessment before	36618
and after students participate in the program to facilitate	36619
monitoring results of the remediation services.	36620

(3) The parents of participating students are involved in	36621
programming decisions.	36622

(4) The services are conducted in a school building or	36623
community center and not on an at-home basis.	36624

(E) This section does not create a new cause of action or a	36625
substantive legal right for any person.	36626

Sec. 3313.61. (A) A diploma shall be granted by the board of	36627
education of any city, exempted village, or local school district	36628
that operates a high school to any person to whom all of the	36629
following apply:	36630

(1) The person has successfully completed the curriculum in	36631
any high school or the individualized education program developed	36632
for the person by any high school pursuant to section 3323.08 of	36633
the Revised Code, or has qualified under division (D) or (F) of	36634
section 3313.603 of the Revised Code, provided that no school	36635
district shall require a student to remain in school for any	36636
specific number of semesters or other terms if the student	36637
completes the required curriculum early;	36638

(2) Subject to section 3313.614 of the Revised Code, the	36639
person has met the assessment requirements of division (A)(2)(a)	36640
or (b) of this section, as applicable.	36641

(a) If the person entered the ninth grade prior to the date	36642
prescribed by rule of the state board of education under division	36643
(E)(2) of section 3301.0712 of the Revised Code, the person	36644
either:	36645

~~(a)~~(i) Has attained at least the applicable scores designated	36646
under division (B)(1) of section 3301.0710 of the Revised Code on	36647
all the ~~tests~~assessments required by that division unless the	36648
person was excused from taking any such ~~test~~assessment pursuant	36649
to section 3313.532 of the Revised Code or unless division (H) or	36650
(L) of this section applies to the person;	36651

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	36652
in section 3313.615 of the Revised Code.	36653

(b) If the person entered the ninth grade on or after the	36654
date prescribed by rule of the state board under division (E)(2)	36655
of section 3301.0712 of the Revised Code, the person has	36656
attained on the entire assessment system prescribed under	36657
division (B)(2) of section 3301.0710 of the Revised Code at	36658
least the required passing composite score, designated under	36659
division (C)(1) of section 3301.0712 of the Revised Code, except	36660
to the extent that the person is excused from some portion of	36661
that assessment system pursuant to section 3313.532 of the	36662
Revised Code or division (H) or (L) of this section.	36663

(3) The person is not eligible to receive an honors diploma	36664
granted pursuant to division (B) of this section.	36665

Except as provided in divisions (C), (E), (J), and (L) of	36666
this section, no diploma shall be granted under this division to	36667
anyone except as provided under this division.	36668

(B) In lieu of a diploma granted under division (A) of this	36669
section, an honors diploma shall be granted, in accordance with	36670
rules of the state board ~~of education~~, by any such district board	36671
to anyone who accomplishes all of the following:	36672

(1) Successfully completes the curriculum in any high school	36673
or the individualized education program developed for the person	36674
by any high school pursuant to section 3323.08 of the Revised	36675
Code;	36676

(2) Subject to section 3313.614 of the Revised Code, has met	36677
the assessment requirements of division (B)(2)(a) or (b) of this	36678
section, as applicable.	36679

(a) If the person entered the ninth grade prior to the date	36680
prescribed by rule of the state board of education under division	36681
(E)(2) of section 3301.0712 of the Revised Code, the person	36682
either:	36683

~~(a)~~(i) Has attained at least the applicable scores designated	36684
under division (B)(1) of section 3301.0710 of the Revised Code on	36685
all the ~~tests~~assessments required by that division;	36686

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	36687
in section 3313.615 of the Revised Code.	36688

(b) If the person entered the ninth grade on or after the	36689
date prescribed by rule of the state board under division (E)(2)	36690
of section 3301.0712 of the Revised Code, the person has attained	36691
on the entire assessment system prescribed under division (B)(2)	36692
of section 3301.0710 of the Revised Code at least the required	36693
passing composite score, designated under division (C)(1) of	36694
section 3301.0712 of the Revised Code.	36695

(3) Has met additional criteria established by the state	36696
board for the granting of such a diploma.	36697

An honors diploma shall not be granted to a student who is	36698
subject to the Ohio core curriculum prescribed in division (C) of	36699
section 3313.603 of the Revised Code but elects the option of	36700
division (D) or (F) of that section. Except as provided in	36701
divisions (C), (E), and (J) of this section, no honors diploma	36702
shall be granted to anyone failing to comply with this division	36703
and no more than one honors diploma shall be granted to any	36704
student under this division.	36705

The state board shall adopt rules prescribing the granting of	36706
honors diplomas under this division. These rules may prescribe the	36707
granting of honors diplomas that recognize a student's achievement	36708
as a whole or that recognize a student's achievement in one or	36709
more specific subjects or both. The rules may prescribe the	36710
granting of an honors diploma recognizing technical expertise for	36711
a career-technical student. In any case, the rules shall designate	36712
two or more criteria for the granting of each type of honors	36713
diploma the board establishes under this division and the number	36714
of such criteria that must be met for the granting of that type of	36715
diploma. The number of such criteria for any type of honors	36716
diploma shall be at least one less than the total number of	36717
criteria designated for that type and no one or more particular	36718
criteria shall be required of all persons who are to be granted	36719
that type of diploma.	36720

(C) Any ~~such~~ district board administering any of the ~~tests~~	36721
assessments required by section 3301.0710 ~~or 3301.0712~~ of the	36722
Revised Code to any person requesting to take such ~~test~~assessment	36723
pursuant to division (B)(8)(b) of section 3301.0711 of the Revised	36724
Code shall award a diploma to such person if the person attains at	36725
least the applicable scores designated under division (B)(1) of	36726
section 3301.0710 of the Revised Code on all the ~~tests~~assessments	36727
administered and if the person has previously attained the	36728
applicable scores on all the other ~~tests~~assessments required by	36729
division (B)(1) of that section or has been exempted or excused	36730
from attaining the applicable score on any such test pursuant to	36731
division (H) or (L) of this section or from taking any such test	36732
pursuant to section 3313.532 of the Revised Code.	36733

(D) Each diploma awarded under this section shall be signed	36734
by the president and treasurer of the issuing board, the	36735
superintendent of schools, and the principal of the high school.	36736
Each diploma shall bear the date of its issue, be in such form as	36737
the district board prescribes, and be paid for out of the	36738
district's general fund.	36739

(E) A person who is a resident of Ohio and is eligible under	36740
state board of education minimum standards to receive a high	36741
school diploma based in whole or in part on credits earned while	36742
an inmate of a correctional institution operated by the state or	36743
any political subdivision thereof, shall be granted such diploma	36744
by the correctional institution operating the programs in which	36745
such credits were earned, and by the board of education of the	36746
school district in which the inmate resided immediately prior to	36747
the inmate's placement in the institution. The diploma granted by	36748
the correctional institution shall be signed by the director of	36749
the institution, and by the person serving as principal of the	36750
institution's high school and shall bear the date of issue.	36751

(F) Persons who are not residents of Ohio but who are inmates	36752
of correctional institutions operated by the state or any	36753
political subdivision thereof, and who are eligible under state	36754
board of education minimum standards to receive a high school	36755
diploma based in whole or in part on credits earned while an	36756
inmate of the correctional institution, shall be granted a diploma	36757
by the correctional institution offering the program in which the	36758
credits were earned. The diploma granted by the correctional	36759
institution shall be signed by the director of the institution and	36760
by the person serving as principal of the institution's high	36761
school and shall bear the date of issue.	36762

(G) The state board of education shall provide by rule for	36763
the administration of the ~~tests~~assessments required by section	36764
3301.0710 of the Revised Code to inmates of correctional	36765
institutions.	36766

(H) Any person to whom all of the following apply shall be	36767
exempted from attaining the applicable score on the ~~test~~	36768
assessment in social studies designated under division (B)(1) of	36769
section 3301.0710 of the Revised Code, any social studies	36770
end-of-course examination required under division (B)(2) of that	36771
section if such an exemption is prescribed by rule of the state	36772
board under division (E)(4) of section 3301.0712 of the Revised	36773
Code, or the test in citizenship designated under former division	36774
(B) of section 3301.0710 of the Revised Code as it existed prior	36775
to September 11, 2001:	36776

(1) The person is not a citizen of the United States;

36777

(2) The person is not a permanent resident of the United	36778
States;	36779

(3) The person indicates no intention to reside in the United	36780
States after the completion of high school.	36781

(I) Notwithstanding division (D) of section 3311.19 and	36782
division (D) of section 3311.52 of the Revised Code, this section	36783
and section 3311.611 of the Revised Code do not apply to the board	36784
of education of any joint vocational school district or any	36785
cooperative education school district established pursuant to	36786
divisions (A) to (C) of section 3311.52 of the Revised Code.	36787

(J) Upon receipt of a notice under division (D) of section	36788
3325.08 of the Revised Code that a student has received a diploma	36789
under that section, the board of education receiving the notice	36790
may grant a high school diploma under this section to the student,	36791
except that such board shall grant the student a diploma if the	36792
student meets the graduation requirements that the student would	36793
otherwise have had to meet to receive a diploma from the district.	36794
The diploma granted under this section shall be of the same type	36795
the notice indicates the student received under section 3325.08 of	36796
the Revised Code.	36797

(K) As used in this division, "limited English proficient	36798
student" has the same meaning as in division (C)(3) of section	36799
3301.0711 of the Revised Code.	36800

Notwithstanding division (C)(3) of section 3301.0711 of the	36801
Revised Code, no limited English proficient student who has not	36802
either attained the applicable scores designated under division	36803
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	36804
assessments required by that division, or attained the composite	36805
score designated for the assessments required by division (B)(2)	36806
of that section, shall be awarded a diploma under this section.	36807

(L) Any student described by division (A)(1) of this section	36808
may be awarded a diploma without attaining the applicable scores	36809
designated on the ~~tests~~assessments prescribed under division (B)	36810
of section 3301.0710 of the Revised Code provided an	36811
individualized education program specifically exempts the student	36812
from attaining such scores. This division does not negate the	36813
requirement for such a student to take all such ~~tests~~assessments	36814
or alternate assessments required by division (C)(1) of section	36815
3301.0711 of the Revised Code for the purpose of assessing student	36816
progress as required by federal law.	36817

Sec. 3313.611. (A) The state board of education shall adopt,	36818
by rule, standards for awarding high school credit equivalent to	36819
credit for completion of high school academic and vocational	36820
education courses to applicants for diplomas under this section.	36821
The standards may permit high school credit to be granted to an	36822
applicant for any of the following:	36823

(1) Work experiences or experiences as a volunteer;

36824

(2) Completion of academic, vocational, or self-improvement	36825
courses offered to persons over the age of twenty-one by a	36826
chartered public or nonpublic school;	36827

(3) Completion of academic, vocational, or self-improvement	36828
courses offered by an organization, individual, or educational	36829
institution other than a chartered public or nonpublic school;	36830

(4) Other life experiences considered by the board to provide	36831
knowledge and learning experiences comparable to that gained in a	36832
classroom setting.	36833

(B) The board of education of any city, exempted village, or	36834
local school district that operates a high school shall grant a	36835
diploma of adult education to any applicant if all of the	36836
following apply:	36837

(1) The applicant is a resident of the district;

36838

(2) The applicant is over the age of twenty-one and has not	36839
been issued a diploma as provided in section 3313.61 of the	36840
Revised Code;	36841

(3) Subject to section 3313.614 of the Revised Code, the	36842
applicant has met the assessment requirements of division	36843
(B)(3)(a) or (b) of this section, as applicable.	36844

(a) Prior to the date prescribed by rule of the state board	36845
under division (E)(3) of section 3301.0712 of the Revised Code,	36846
the applicant either:	36847

~~(a)~~(i) Has attained the applicable scores designated under	36848
division (B)(1) of section 3301.0710 of the Revised Code on all of	36849
the ~~tests~~assessments required by that division or was excused or	36850
exempted from any such ~~test~~assessment pursuant to section	36851
3313.532 or was exempted from attaining the applicable score on	36852
any such ~~test~~assessment pursuant to division (H) or (L) of	36853
section 3313.61 of the Revised Code;	36854

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	36855
in section 3313.615 of the Revised Code.	36856

(b) On or after the date prescribed by rule of the state	36857
board under division (E)(3) of section 3301.0712 of the Revised	36858
Code, has attained on the entire assessment system prescribed	36859
under division (B)(2) of section 3301.0710 of the Revised Code at	36860
least the required passing composite score, designated under	36861
division (C)(1) of section 3301.0712 of the Revised Code, except	36862
and only to the extent that the applicant is excused from some	36863
portion of that assessment system pursuant to section 3313.532 of	36864
the Revised Code or division (H) or (L) of section 3313.61 of the	36865
Revised Code.	36866

(4) The district board determines, in accordance with the	36867
standards adopted under division (A) of this section, that the	36868
applicant has attained sufficient high school credits, including	36869
equivalent credits awarded under such standards, to qualify as	36870
having successfully completed the curriculum required by the	36871
district for graduation.	36872

(C) If a district board determines that an applicant is not	36873
eligible for a diploma under division (B) of this section, it	36874
shall inform the applicant of the reason the applicant is	36875
ineligible and shall provide a list of any courses required for	36876
the diploma for which the applicant has not received credit. An	36877
applicant may reapply for a diploma under this section at any	36878
time.	36879

(D) If a district board awards an adult education diploma	36880
under this section, the president and treasurer of the board and	36881
the superintendent of schools shall sign it. Each diploma shall	36882
bear the date of its issuance, be in such form as the district	36883
board prescribes, and be paid for from the district's general	36884
fund, except that the state board may by rule prescribe standard	36885
language to be included on each diploma.	36886

(E) As used in this division, "limited English proficient	36887
student" has the same meaning as in division (C)(3) of section	36888
3301.0711 of the Revised Code.	36889

Notwithstanding division (C)(3) of section 3301.0711 of the	36890
Revised Code, no limited English proficient student who has not	36891
either attained the applicable scores designated under division	36892
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	36893
assessments required by that division, or attained the composite	36894
score designated for the assessments required by division (B)(2)	36895
of that section, shall be awarded a diploma under this section.	36896

Sec. 3313.612. (A) No nonpublic school chartered by the	36897
state board of education shall grant ~~any~~a high school diploma to	36898
any person unless, subject to section 3313.614 of the Revised	36899
Code, the person has met the assessment requirements of division	36900
(A)(1) or (2) of this section, as applicable.	36901

(1) If the person entered the ninth grade prior to the date	36902
prescribed by rule of the state board under division (E)(2) of	36903
section 3301.0712 of the Revised Code, the person has attained,	36904
~~subject to section 3313.614 of the Revised Code~~ at least the	36905
applicable scores designated under division (B)(1) of section	36906
3301.0710 of the Revised Code on all the ~~tests~~assessments	36907
required by that division, or has satisfied the alternative	36908
conditions prescribed in section 3313.615 of the Revised Code.	36909

(2) If the person entered the ninth grade on or after the	36910
date prescribed by rule of the state board under division (E)(2)	36911
of section 3301.0712 of the Revised Code, the person has	36912
attained on the entire assessment system prescribed under	36913
division (B)(2) of section 3301.0710 of the Revised Code at	36914
least the required passing composite score, designated under	36915
division (C)(1) of section 3301.0712 of the Revised Code.	36916

(B) This section does not apply to either of the following:

36917

(1) Any person with regard to any ~~test~~assessment from which	36918
the person was excused pursuant to division (C)(1)(c) of section	36919
3301.0711 of the Revised Code;	36920

(2) Any person with regard to the social studies ~~test~~	36921
assessment under division (B)(1) of section 3301.0710 of the	36922
Revised Code, any social studies end-of-course examination	36923
required under division (B)(2) of that section if such an	36924
exemption is prescribed by rule of the state board of education	36925
under division (E)(4) of section 3301.0712 of the Revised Code,	36926
or the citizenship test under former division (B) of section	36927
3301.0710 of the Revised Code as it existed prior to September	36928
11, 2001, if all of the following apply:	36929

(a) The person is not a citizen of the United States;

36930

(b) The person is not a permanent resident of the United	36931
States;	36932

(c) The person indicates no intention to reside in the United	36933
States after completion of high school.	36934

(C) As used in this division, "limited English proficient	36935
student" has the same meaning as in division (C)(3) of section	36936
3301.0711 of the Revised Code.	36937

Notwithstanding division (C)(3) of section 3301.0711 of the	36938
Revised Code, no limited English proficient student who has not	36939
either attained the applicable scores designated under division	36940
(B)(1) of section 3301.0710 of the Revised Code on all the ~~tests~~	36941
assessments required by that division, or attained the composite	36942
score designated for the assessments required by division (B)(2)	36943
of that section, shall be awarded a diploma under this section.	36944

Sec. 3313.614. (A) As used in this section, a person	36945
"fulfills the curriculum requirement for a diploma" at the time	36946
one of the following conditions is satisfied:	36947

(1) The person successfully completes the high school	36948
curriculum of a school district, a community school, a chartered	36949
nonpublic school, or a correctional institution.	36950

(2) The person successfully completes the individualized	36951
education program developed for the person under section 3323.08	36952
of the Revised Code.	36953

(3) A board of education issues its determination under	36954
section 3313.611 of the Revised Code that the person qualifies as	36955
having successfully completed the curriculum required by the	36956
district.	36957

(B) This division specifies the ~~testing~~assessment	36958
requirements that must be fulfilled as a condition toward granting	36959
high school diplomas under sections 3313.61, 3313.611, 3313.612,	36960
and 3325.08 of the Revised Code.	36961

(1) A person who fulfills the curriculum requirement for a	36962
diploma before September 15, 2000, is not required to pass any	36963
proficiency test or achievement test in science as a condition to	36964
receiving a diploma.	36965

(2) A person who began ninth grade prior to July 1, 2003, is	36966
not required to pass the Ohio graduation test prescribed under	36967
division (B)(1) of section 3301.0710 or any assessment prescribed	36968
under division (B)(2) of that section in any subject as a	36969
condition to receiving a diploma once the person has passed the	36970
ninth grade proficiency test in the same subject, so long as the	36971
person passed the ninth grade proficiency test prior to September	36972
15, 2008. However, any such person who passes the Ohio graduation	36973
test in any subject prior to passing the ninth grade proficiency	36974
test in the same subject shall be deemed to have passed the ninth	36975
grade proficiency test in that subject as a condition to receiving	36976
a diploma. For this purpose, the ninth grade proficiency test in	36977
citizenship substitutes for the Ohio graduation test in social	36978
studies. If a person began ninth grade prior to July 1, 2003, but	36979
does not pass a ninth grade proficiency test or the Ohio	36980
graduation test in a particular subject before September 15, 2008,	36981
and passage of a test in that subject is a condition for the	36982
person to receive a diploma, the person must pass the Ohio	36983
graduation test instead of the ninth grade proficiency test in	36984
that subject to receive a diploma.	36985

(3) A person who begins ninth grade on or after July 1, 2003,	36986
in a school district, community school, or chartered nonpublic	36987
school is not eligible to receive a diploma based on passage of	36988
ninth grade proficiency tests. Each such person who begins ninth	36989
grade prior to the date prescribed by the state board of education	36990
under division (E)(5) of section 3301.0712 of the Revised Code	36991
must pass Ohio graduation tests to meet the testing requirements	36992
applicable to that person as a condition to receiving a diploma.	36993

(4) A person who begins ninth grade on or after the date	36994
prescribed by the state board of education under division (E)(5)	36995
of section 3301.0712 of the Revised Code is not eligible to	36996
receive a diploma based on passage of the Ohio graduation tests.	36997
Each such person must attain on the entire assessment system	36998
prescribed under division (B)(2) of section 3301.0710 of the	36999
Revised Code at least the required passing composite score,	37000
designated under division (C)(1) of section 3301.0712 of the	37001
Revised Code.	37002

(C) This division specifies the curriculum requirement that	37003
shall be completed as a condition toward granting high school	37004
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	37005
of the Revised Code.	37006

(1) A person who is under twenty-two years of age when the	37007
person fulfills the curriculum requirement for a diploma shall	37008
complete the curriculum required by the school district or school	37009
issuing the diploma for the first year that the person originally	37010
enrolled in high school, except for a person who qualifies for	37011
graduation from high school under either division (D) or (F) of	37012
section 3313.603 of the Revised Code.	37013

(2) Once a person fulfills the curriculum requirement for a	37014
diploma, the person is never required, as a condition of receiving	37015
a diploma, to meet any different curriculum requirements that take	37016
effect pending the person's passage of proficiency tests or	37017
achievement tests or assessments, including changes mandated by	37018
section 3313.603 of the Revised Code, the state board, a school	37019
district board of education, or a governing authority of a	37020
community school or chartered nonpublic school.	37021

Sec. 3313.615. This section shall apply to diplomas awarded	37022
after September 15, 2006, to students who are required to take the	37023
five Ohio graduation tests prescribed by division (B)(1) of	37024
section 3301.0710 of the Revised Code.	37025

(A) As an alternative to the requirement that a person attain	37026
the scores designated under division (B)(1) of section 3301.0710	37027
of the Revised Code on all the ~~tests~~assessments required under	37028
that division in order to be eligible for a high school diploma	37029
or an honors diploma under sections 3313.61, 3313.612, or 3325.08	37030
of the Revised Code or for a diploma of adult education under	37031
section 3313.611 of the Revised Code, a person who has attained at	37032
least the applicable scores designated under division (B)(1) of	37033
section 3301.0710 of the Revised Code on all but one of the ~~tests~~	37034
assessments required by that division and from which the person	37035
was not excused or exempted, pursuant to division (L) of section	37036
3313.61, division (B)(1) of section 3313.612, or section 3313.532	37037
of the Revised Code, may be awarded a diploma or honors diploma	37038
if the person has satisfied all of the following conditions:	37039

(1) On the one ~~test~~assessment required under division (B)(1)	37040
of section 3301.0710 of the Revised Code for which the person	37041
failed to attain the designated score, the person missed that	37042
score by ten points or less;	37043

(2) Has a ninety-seven per cent school attendance rate in	37044
each of the last four school years, excluding any excused	37045
absences;	37046

(3) Has not been expelled from school under section 3313.66	37047
of the Revised Code in any of the last four school years;	37048

(4) Has a grade point average of at least 2.5 out of 4.0, or	37049
its equivalent as designated in rules adopted by the state board	37050
of education, in the subject area of the ~~test~~assessment required	37051
under division (B)(1) of section 3301.0710 of the Revised Code for	37052
which the person failed to attain the designated score;	37053

(5) Has completed the high school curriculum requirements	37054
prescribed in section 3313.603 of the Revised Code or has	37055
qualified under division (D) or (F) of that section;	37056

(6) Has taken advantage of any intervention programs provided	37057
by the school district or school in the subject area described in	37058
division (A)(4) of this section and has a ninety-seven per cent	37059
attendance rate, excluding any excused absences, in any of those	37060
programs that are provided at times beyond the normal school day,	37061
school week, or school year or has received comparable	37062
intervention services from a source other than the school district	37063
or school;	37064

(7) Holds a letter recommending graduation from each of the	37065
person's high school teachers in the subject area described in	37066
division (A)(4) of this section and from the person's high school	37067
principal.	37068

(B) The state board of education shall establish rules	37069
designating grade point averages equivalent to the average	37070
specified in division (A)(4) of this section for use by school	37071
districts and schools with different grading systems.	37072

(C) Any student who is exempt from attaining the applicable	37073
score designated under division (B)(1) of section 3301.0710 of the	37074
Revised Code on the Ohio graduation test in social studies	37075
pursuant to division (H) of section 3313.61 or division (B)(2) of	37076
section 3313.612 of the Revised Code shall not qualify for a high	37077
school diploma under this section, unless, notwithstanding the	37078
exemption, the student attains the applicable score on that ~~test~~	37079
assessment. If the student attains the applicable score on that	37080
~~test~~assessment, the student may qualify for a diploma under this	37081
section in the same manner as any other student who is required	37082
to take the five Ohio graduation tests prescribed by division	37083
(B)(1) of section 3301.0710 of the Revised Code.	37084

Sec. 3313.62. (A) The school year shall begin on the first	37085
day of July of each calendar year and close on the thirtieth day	37086
of June of the succeeding calendar year. A school week shall	37087
consist of five days, and a school month of four school weeks.	37088

(B) "Learning year" means a school year as defined in	37089
division (A) of this section.	37090

(C) "Learning day" or "school day" is a day a school is	37091
scheduled to be open for instruction.	37092

Sec. 3313.64. (A) As used in this section and in section	37093
3313.65 of the Revised Code:	37094

(1)(a) Except as provided in division (A)(1)(b) of this	37095
section, "parent" means either parent, unless the parents are	37096
separated or divorced or their marriage has been dissolved or	37097
annulled, in which case "parent" means the parent who is the	37098
residential parent and legal custodian of the child. When a child	37099
is in the legal custody of a government agency or a person other	37100
than the child's natural or adoptive parent, "parent" means the	37101
parent with residual parental rights, privileges, and	37102
responsibilities. When a child is in the permanent custody of a	37103
government agency or a person other than the child's natural or	37104
adoptive parent, "parent" means the parent who was divested of	37105
parental rights and responsibilities for the care of the child and	37106
the right to have the child live with the parent and be the legal	37107
custodian of the child and all residual parental rights,	37108
privileges, and responsibilities.	37109

(b) When a child is the subject of a power of attorney	37110
executed under sections 3109.51 to 3109.62 of the Revised Code,	37111
"parent" means the grandparent designated as attorney in fact	37112
under the power of attorney. When a child is the subject of a	37113
caretaker authorization affidavit executed under sections 3109.64	37114
to 3109.73 of the Revised Code, "parent" means the grandparent	37115
that executed the affidavit.	37116

(2) "Legal custody," "permanent custody," and "residual	37117
parental rights, privileges, and responsibilities" have the same	37118
meanings as in section 2151.011 of the Revised Code.	37119

(3) "School district" or "district" means a city, local, or	37120
exempted village school district and excludes any school operated	37121
in an institution maintained by the department of youth services.	37122

(4) Except as used in division (C)(2) of this section, "home"	37123
means a home, institution, foster home, group home, or other	37124
residential facility in this state that receives and cares for	37125
children, to which any of the following applies:	37126

(a) The home is licensed, certified, or approved for such	37127
purpose by the state or is maintained by the department of youth	37128
services.	37129

(b) The home is operated by a person who is licensed,	37130
certified, or approved by the state to operate the home for such	37131
purpose.	37132

(c) The home accepted the child through a placement by a	37133
person licensed, certified, or approved to place a child in such a	37134
home by the state.	37135

(d) The home is a children's home created under section	37136
5153.21 or 5153.36 of the Revised Code.	37137

(5) "Agency" means all of the following:

37138

(a) A public children services agency;

37139

(b) An organization that holds a certificate issued by the	37140
Ohio department of job and family services in accordance with the	37141
requirements of section 5103.03 of the Revised Code and assumes	37142
temporary or permanent custody of children through commitment,	37143
agreement, or surrender, and places children in family homes for	37144
the purpose of adoption;	37145

(c) Comparable agencies of other states or countries that	37146
have complied with applicable requirements of section 2151.39 of	37147
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	37148
5103.23 to 5103.237 of the Revised Code.	37149

(6) A child is placed for adoption if either of the following	37150
occurs:	37151

(a) An agency to which the child has been permanently	37152
committed or surrendered enters into an agreement with a person	37153
pursuant to section 5103.16 of the Revised Code for the care and	37154
adoption of the child.	37155

(b) The child's natural parent places the child pursuant to	37156
section 5103.16 of the Revised Code with a person who will care	37157
for and adopt the child.	37158

(7) "Preschool child with a disability" has the same	37159
meaning as in section 3323.01 of the Revised Code.	37160

(8) "Child," unless otherwise indicated, includes preschool	37161
children with disabilities.	37162

(9) "Active duty" means active duty pursuant to an executive	37163
order of the president of the United States, an act of the	37164
congress of the United States, or section 5919.29 or 5923.21 of	37165
the Revised Code.	37166

(B) Except as otherwise provided in section 3321.01 of the	37167
Revised Code for admittance to kindergarten and first grade, a	37168
child who is at least five but under twenty-two years of age and	37169
any preschool child with a disability shall be admitted to school	37170
as provided in this division.	37171

(1) A child shall be admitted to the schools of the school	37172
district in which the child's parent resides.	37173

(2) A child who does not reside in the district where the	37174
child's parent resides shall be admitted to the schools of the	37175
district in which the child resides if any of the following	37176
applies:	37177

(a) The child is in the legal or permanent custody of a	37178
government agency or a person other than the child's natural or	37179
adoptive parent.	37180

(b) The child resides in a home.

37181

37182

(3) A child who is not entitled under division (B)(2) of this	37183
section to be admitted to the schools of the district where the	37184
child resides and who is residing with a resident of this state	37185
with whom the child has been placed for adoption shall be admitted	37186
to the schools of the district where the child resides unless	37187
either of the following applies:	37188

(a) The placement for adoption has been terminated.

37189

(b) Another school district is required to admit the child	37190
under division (B)(1) of this section.	37191

Division (B) of this section does not prohibit the board of	37192
education of a school district from placing a child with a	37193
disability who resides in the district in a special education	37194
program outside of the district or its schools in compliance with	37195
Chapter 3323. of the Revised Code.	37196

(C) A district shall not charge tuition for children admitted	37197
under division (B)(1) or (3) of this section. If the district	37198
admits a child under division (B)(2) of this section, tuition	37199
shall be paid to the district that admits the child as follows:	37200

(1) If the child receives special education in accordance	37201
with Chapter 3323. of the Revised Code, the school district of	37202
residence, as defined in section 3323.01 of the Revised Code,	37203
shall pay tuition for the child in accordance with section	37204
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	37205
regardless of who has custody of the child or whether the child	37206
resides in a home.	37207

(2) For a child that does not receive special education in	37208
accordance with Chapter 3323. of the Revised Code, except as	37209
otherwise provided in division (C)(2)(d) of this section, if the	37210
child is in the permanent or legal custody of a government agency	37211
or person other than the child's parent, tuition shall be paid by:	37212

(a) The district in which the child's parent resided at the	37213
time the court removed the child from home or at the time the	37214
court vested legal or permanent custody of the child in the person	37215
or government agency, whichever occurred first;	37216

(b) If the parent's residence at the time the court removed	37217
the child from home or placed the child in the legal or permanent	37218
custody of the person or government agency is unknown, tuition	37219
shall be paid by the district in which the child resided at the	37220
time the child was removed from home or placed in legal or	37221
permanent custody, whichever occurred first;	37222

(c) If a school district cannot be established under division	37223
(C)(2)(a) or (b) of this section, tuition shall be paid by the	37224
district determined as required by section 2151.362 of the Revised	37225
Code by the court at the time it vests custody of the child in the	37226
person or government agency;	37227

(d) If at the time the court removed the child from home or	37228
vested legal or permanent custody of the child in the person or	37229
government agency, whichever occurred first, one parent was in a	37230
residential or correctional facility or a juvenile residential	37231
placement and the other parent, if living and not in such a	37232
facility or placement, was not known to reside in this state,	37233
tuition shall be paid by the district determined under division	37234
(D) of section 3313.65 of the Revised Code as the district	37235
required to pay any tuition while the parent was in such facility	37236
or placement;	37237

(e) If the department of education has determined, pursuant	37238
to division (A)(2) of section 2151.362 of the Revised Code, that	37239
a school district other than the one named in the court's initial	37240
order, or in a prior determination of the department, is	37241
responsible to bear the cost of educating the child, the district	37242
so determined shall be responsible for that cost.	37243

(3) If the child is not in the permanent or legal custody of	37244
a government agency or person other than the child's parent and	37245
the child resides in a home, tuition shall be paid by one of the	37246
following:	37247

(a) The school district in which the child's parent resides;

37248

(b) If the child's parent is not a resident of this state,	37249
the home in which the child resides.	37250

(D) Tuition required to be paid under divisions (C)(2) and	37251
(3)(a) of this section shall be computed in accordance with	37252
section 3317.08 of the Revised Code. Tuition required to be paid	37253
under division (C)(3)(b) of this section shall be computed in	37254
accordance with section 3317.081 of the Revised Code. If a home	37255
fails to pay the tuition required by division (C)(3)(b) of this	37256
section, the board of education providing the education may	37257
recover in a civil action the tuition and the expenses incurred in	37258
prosecuting the action, including court costs and reasonable	37259
attorney's fees. If the prosecuting attorney or city director of	37260
law represents the board in such action, costs and reasonable	37261
attorney's fees awarded by the court, based upon the prosecuting	37262
attorney's, director's, or one of their designee's time spent	37263
preparing and presenting the case, shall be deposited in the	37264
county or city general fund.	37265

(E) A board of education may enroll a child free of any	37266
tuition obligation for a period not to exceed sixty days, on the	37267
sworn statement of an adult resident of the district that the	37268
resident has initiated legal proceedings for custody of the child.	37269

(F) In the case of any individual entitled to attend school	37270
under this division, no tuition shall be charged by the school	37271
district of attendance and no other school district shall be	37272
required to pay tuition for the individual's attendance.	37273
Notwithstanding division (B), (C), or (E) of this section:	37274

(1) All persons at least eighteen but under twenty-two years	37275
of age who live apart from their parents, support themselves by	37276
their own labor, and have not successfully completed the high	37277
school curriculum or the individualized education program	37278
developed for the person by the high school pursuant to section	37279
3323.08 of the Revised Code, are entitled to attend school in the	37280
district in which they reside.	37281

(2) Any child under eighteen years of age who is married is	37282
entitled to attend school in the child's district of residence.	37283

(3) A child is entitled to attend school in the district in	37284
which either of the child's parents is employed if the child has a	37285
medical condition that may require emergency medical attention.	37286
The parent of a child entitled to attend school under division	37287
(F)(3) of this section shall submit to the board of education of	37288
the district in which the parent is employed a statement from the	37289
child's physician certifying that the child's medical condition	37290
may require emergency medical attention. The statement shall be	37291
supported by such other evidence as the board may require.	37292

(4) Any child residing with a person other than the child's	37293
parent is entitled, for a period not to exceed twelve months, to	37294
attend school in the district in which that person resides if the	37295
child's parent files an affidavit with the superintendent of the	37296
district in which the person with whom the child is living resides	37297
stating all of the following:	37298

(a) That the parent is serving outside of the state in the	37299
armed services of the United States;	37300

(b) That the parent intends to reside in the district upon	37301
returning to this state;	37302

(c) The name and address of the person with whom the child is	37303
living while the parent is outside the state.	37304

(5) Any child under the age of twenty-two years who, after	37305
the death of a parent, resides in a school district other than the	37306
district in which the child attended school at the time of the	37307
parent's death is entitled to continue to attend school in the	37308
district in which the child attended school at the time of the	37309
parent's death for the remainder of the school year, subject to	37310
approval of that district board.	37311

(6) A child under the age of twenty-two years who resides	37312
with a parent who is having a new house built in a school district	37313
outside the district where the parent is residing is entitled to	37314
attend school for a period of time in the district where the new	37315
house is being built. In order to be entitled to such attendance,	37316
the parent shall provide the district superintendent with the	37317
following:	37318

(a) A sworn statement explaining the situation, revealing the	37319
location of the house being built, and stating the parent's	37320
intention to reside there upon its completion;	37321

(b) A statement from the builder confirming that a new house	37322
is being built for the parent and that the house is at the	37323
location indicated in the parent's statement.	37324

(7) A child under the age of twenty-two years residing with a	37325
parent who has a contract to purchase a house in a school district	37326
outside the district where the parent is residing and who is	37327
waiting upon the date of closing of the mortgage loan for the	37328
purchase of such house is entitled to attend school for a period	37329
of time in the district where the house is being purchased. In	37330
order to be entitled to such attendance, the parent shall provide	37331
the district superintendent with the following:	37332

(a) A sworn statement explaining the situation, revealing the	37333
location of the house being purchased, and stating the parent's	37334
intent to reside there;	37335

(b) A statement from a real estate broker or bank officer	37336
confirming that the parent has a contract to purchase the house,	37337
that the parent is waiting upon the date of closing of the	37338
mortgage loan, and that the house is at the location indicated in	37339
the parent's statement.	37340

The district superintendent shall establish a period of time	37341
not to exceed ninety days during which the child entitled to	37342
attend school under division (F)(6) or (7) of this section may	37343
attend without tuition obligation. A student attending a school	37344
under division (F)(6) or (7) of this section shall be eligible to	37345
participate in interscholastic athletics under the auspices of	37346
that school, provided the board of education of the school	37347
district where the student's parent resides, by a formal action,	37348
releases the student to participate in interscholastic athletics	37349
at the school where the student is attending, and provided the	37350
student receives any authorization required by a public agency or	37351
private organization of which the school district is a member	37352
exercising authority over interscholastic sports.	37353

(8) A child whose parent is a full-time employee of a city,	37354
local, or exempted village school district, or of an educational	37355
service center, may be admitted to the schools of the district	37356
where the child's parent is employed, or in the case of a child	37357
whose parent is employed by an educational service center, in the	37358
district that serves the location where the parent's job is	37359
primarily located, provided the district board of education	37360
establishes such an admission policy by resolution adopted by a	37361
majority of its members. Any such policy shall take effect on the	37362
first day of the school year and the effective date of any	37363
amendment or repeal may not be prior to the first day of the	37364
subsequent school year. The policy shall be uniformly applied to	37365
all such children and shall provide for the admission of any such	37366
child upon request of the parent. No child may be admitted under	37367
this policy after the first day of classes of any school year.	37368

(9) A child who is with the child's parent under the care of	37369
a shelter for victims of domestic violence, as defined in section	37370
3113.33 of the Revised Code, is entitled to attend school free in	37371
the district in which the child is with the child's parent, and no	37372
other school district shall be required to pay tuition for the	37373
child's attendance in that school district.	37374

The enrollment of a child in a school district under this	37375
division shall not be denied due to a delay in the school	37376
district's receipt of any records required under section 3313.672	37377
of the Revised Code or any other records required for enrollment.	37378
Any days of attendance and any credits earned by a child while	37379
enrolled in a school district under this division shall be	37380
transferred to and accepted by any school district in which the	37381
child subsequently enrolls. The state board of education shall	37382
adopt rules to ensure compliance with this division.	37383

(10) Any child under the age of twenty-two years whose parent	37384
has moved out of the school district after the commencement of	37385
classes in the child's senior year of high school is entitled,	37386
subject to the approval of that district board, to attend school	37387
in the district in which the child attended school at the time of	37388
the parental move for the remainder of the school year and for one	37389
additional semester or equivalent term. A district board may also	37390
adopt a policy specifying extenuating circumstances under which a	37391
student may continue to attend school under division (F)(10) of	37392
this section for an additional period of time in order to	37393
successfully complete the high school curriculum for the	37394
individualized education program developed for the student by the	37395
high school pursuant to section 3323.08 of the Revised Code.	37396

(11) As used in this division, "grandparent" means a parent	37397
of a parent of a child. A child under the age of twenty-two years	37398
who is in the custody of the child's parent, resides with a	37399
grandparent, and does not require special education is entitled to	37400
attend the schools of the district in which the child's	37401
grandparent resides, provided that, prior to such attendance in	37402
any school year, the board of education of the school district in	37403
which the child's grandparent resides and the board of education	37404
of the school district in which the child's parent resides enter	37405
into a written agreement specifying that good cause exists for	37406
such attendance, describing the nature of this good cause, and	37407
consenting to such attendance.	37408

In lieu of a consent form signed by a parent, a board of	37409
education may request the grandparent of a child attending school	37410
in the district in which the grandparent resides pursuant to	37411
division (F)(11) of this section to complete any consent form	37412
required by the district, including any authorization required by	37413
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	37414
Code. Upon request, the grandparent shall complete any consent	37415
form required by the district. A school district shall not incur	37416
any liability solely because of its receipt of a consent form from	37417
a grandparent in lieu of a parent.	37418

Division (F)(11) of this section does not create, and shall	37419
not be construed as creating, a new cause of action or substantive	37420
legal right against a school district, a member of a board of	37421
education, or an employee of a school district. This section does	37422
not affect, and shall not be construed as affecting, any	37423
immunities from defenses to tort liability created or recognized	37424
by Chapter 2744. of the Revised Code for a school district,	37425
member, or employee.	37426

(12) A child under the age of twenty-two years is entitled to	37427
attend school in a school district other than the district in	37428
which the child is entitled to attend school under division (B),	37429
(C), or (E) of this section provided that, prior to such	37430
attendance in any school year, both of the following occur:	37431

(a) The superintendent of the district in which the child is	37432
entitled to attend school under division (B), (C), or (E) of this	37433
section contacts the superintendent of another district for	37434
purposes of this division;	37435

(b) The superintendents of both districts enter into a	37436
written agreement that consents to the attendance and specifies	37437
that the purpose of such attendance is to protect the student's	37438
physical or mental well-being or to deal with other extenuating	37439
circumstances deemed appropriate by the superintendents.	37440

While an agreement is in effect under this division for a	37441
student who is not receiving special education under Chapter 3323.	37442
of the Revised Code and notwithstanding Chapter 3327. of the	37443
Revised Code, the board of education of neither school district	37444
involved in the agreement is required to provide transportation	37445
for the student to and from the school where the student attends.	37446

A student attending a school of a district pursuant to this	37447
division shall be allowed to participate in all student	37448
activities, including interscholastic athletics, at the school	37449
where the student is attending on the same basis as any student	37450
who has always attended the schools of that district while of	37451
compulsory school age.	37452

(13) All school districts shall comply with the	37453
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	37454
seq., for the education of homeless children. Each city, local,	37455
and exempted village school district shall comply with the	37456
requirements of that act governing the provision of a free,	37457
appropriate public education, including public preschool, to each	37458
homeless child.	37459

When a child loses permanent housing and becomes a homeless	37460
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	37461
such a homeless person changes temporary living arrangements, the	37462
child's parent or guardian shall have the option of enrolling the	37463
child in either of the following:	37464

(a) The child's school of origin, as defined in 42 U.S.C.A.	37465
11432(g)(3)(C);	37466

(b) The school that is operated by the school district in	37467
which the shelter where the child currently resides is located and	37468
that serves the geographic area in which the shelter is located.	37469

(14) A child under the age of twenty-two years who resides	37470
with a person other than the child's parent is entitled to attend	37471
school in the school district in which that person resides if both	37472
of the following apply:	37473

(a) That person has been appointed, through a military power	37474
of attorney executed under section 574(a) of the "National Defense	37475
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	37476
U.S.C. 1044b, or through a comparable document necessary to	37477
complete a family care plan, as the parent's agent for the care,	37478
custody, and control of the child while the parent is on active	37479
duty as a member of the national guard or a reserve unit of the	37480
armed forces of the United States or because the parent is a	37481
member of the armed forces of the United States and is on a duty	37482
assignment away from the parent's residence.	37483

(b) The military power of attorney or comparable document	37484
includes at least the authority to enroll the child in school.	37485

The entitlement to attend school in the district in which the	37486
parent's agent under the military power of attorney or comparable	37487
document resides applies until the end of the school year in which	37488
the military power of attorney or comparable document expires.	37489

(G) A board of education, after approving admission, may	37490
waive tuition for students who will temporarily reside in the	37491
district and who are either of the following:	37492

(1) Residents or domiciliaries of a foreign nation who	37493
request admission as foreign exchange students;	37494

(2) Residents or domiciliaries of the United States but not	37495
of Ohio who request admission as participants in an exchange	37496
program operated by a student exchange organization.	37497

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	37498
3327.04, and 3327.06 of the Revised Code, a child may attend	37499
school or participate in a special education program in a school	37500
district other than in the district where the child is entitled to	37501
attend school under division (B) of this section.	37502

(I)(1) Notwithstanding anything to the contrary in this	37503
section or section 3313.65 of the Revised Code, a child under	37504
twenty-two years of age may attend school in the school district	37505
in which the child, at the end of the first full week of October	37506
of the school year, was entitled to attend school as otherwise	37507
provided under this section or section 3313.65 of the Revised	37508
Code, if at that time the child was enrolled in the schools of the	37509
district but since that time the child or the child's parent has	37510
relocated to a new address located outside of that school district	37511
and within the same county as the child's or parent's address	37512
immediately prior to the relocation. The child may continue to	37513
attend school in the district, and at the school to which the	37514
child was assigned at the end of the first full week of October of	37515
the current school year, for the balance of the school year.	37516
Division (I)(1) of this section applies only if both of the	37517
following conditions are satisfied:	37518

(a) The board of education of the school district in which	37519
the child was entitled to attend school at the end of the first	37520
full week in October and of the district to which the child or	37521
child's parent has relocated each has adopted a policy to enroll	37522
children described in division (I)(1) of this section.	37523

(b) The child's parent provides written notification of the	37524
relocation outside of the school district to the superintendent of	37525
each of the two school districts.	37526

(2) At the beginning of the school year following the school	37527
year in which the child or the child's parent relocated outside of	37528
the school district as described in division (I)(1) of this	37529
section, the child is not entitled to attend school in the school	37530
district under that division.	37531

(3) Any person or entity owing tuition to the school district	37532
on behalf of the child at the end of the first full week in	37533
October, as provided in division (C) of this section, shall	37534
continue to owe such tuition to the district for the child's	37535
attendance under division (I)(1) of this section for the lesser of	37536
the balance of the school year or the balance of the time that the	37537
child attends school in the district under division (I)(1) of this	37538
section.	37539

(4) A pupil who may attend school in the district under	37540
division (I)(1) of this section shall be entitled to	37541
transportation services pursuant to an agreement between the	37542
district and the district in which the child or child's parent has	37543
relocated unless the districts have not entered into such	37544
agreement, in which case the child shall be entitled to	37545
transportation services in the same manner as a pupil attending	37546
school in the district under interdistrict open enrollment as	37547
described in division ~~(H)~~(D) of section 3313.981 of the Revised	37548
Code, regardless of whether the district has adopted an open	37549
enrollment policy as described in division (B)(1)(b) or (c) of	37550
section 3313.98 of the Revised Code.	37551

(J) This division does not apply to a child receiving special	37552
education.	37553

A school district required to pay tuition pursuant to	37554
division (C)(2) or (3) of this section or section 3313.65 of the	37555
Revised Code shall have an amount deducted under division (F) of	37556
section 3317.023 of the Revised Code equal to its own tuition rate	37557
for the same period of attendance. A school district entitled to	37558
receive tuition pursuant to division (C)(2) or (3) of this section	37559
or section 3313.65 of the Revised Code shall have an amount	37560
credited under division (F) of section 3317.023 of the Revised	37561
Code equal to its own tuition rate for the same period of	37562
attendance. If the tuition rate credited to the district of	37563
attendance exceeds the rate deducted from the district required to	37564
pay tuition, the department of education shall pay the district of	37565
attendance the difference from amounts deducted from all	37566
districts' payments under division (F) of section 3317.023 of the	37567
Revised Code but not credited to other school districts under such	37568
division and from appropriations made for such purpose. The	37569
treasurer of each school district shall, by the fifteenth day of	37570
January and July, furnish the superintendent of public instruction	37571
a report of the names of each child who attended the district's	37572
schools under divisions (C)(2) and (3) of this section or section	37573
3313.65 of the Revised Code during the preceding six calendar	37574
months, the duration of the attendance of those children, the	37575
school district responsible for tuition on behalf of the child,	37576
and any other information that the superintendent requires.	37577

Upon receipt of the report the superintendent, pursuant to	37578
division (F) of section 3317.023 of the Revised Code, shall deduct	37579
each district's tuition obligations under divisions (C)(2) and (3)	37580
of this section or section 3313.65 of the Revised Code and pay to	37581
the district of attendance that amount plus any amount required to	37582
be paid by the state.	37583

(K) In the event of a disagreement, the superintendent of	37584
public instruction shall determine the school district in which	37585
the parent resides.	37586

(L) Nothing in this section requires or authorizes, or shall	37587
be construed to require or authorize, the admission to a public	37588
school in this state of a pupil who has been permanently excluded	37589
from public school attendance by the superintendent of public	37590
instruction pursuant to sections 3301.121 and 3313.662 of the	37591
Revised Code.	37592

(M) In accordance with division (B)(1) of this section, a	37593
child whose parent is a member of the national guard or a reserve	37594
unit of the armed forces of the United States and is called to	37595
active duty, or a child whose parent is a member of the armed	37596
forces of the United States and is ordered to a temporary duty	37597
assignment outside of the district, may continue to attend school	37598
in the district in which the child's parent lived before being	37599
called to active duty or ordered to a temporary duty assignment	37600
outside of the district, as long as the child's parent continues	37601
to be a resident of that district, and regardless of where the	37602
child lives as a result of the parent's active duty status or	37603
temporary duty assignment. However, the district is not	37604
responsible for providing transportation for the child if the	37605
child lives outside of the district as a result of the parent's	37606
active duty status or temporary duty assignment.	37607

Sec. 3313.642. (A) Except as provided in division (B) of	37608
this section and notwithstanding the provisions of sections	37609
3313.48 and 3313.64 of the Revised Code, the board of education of	37610
a city, exempted village, or local school district shall not be	37611
required to furnish, free of charge, to the pupils attending the	37612
public schools any materials used in a course of instruction with	37613
the exception of the necessary textbooks or electronic textbooks	37614
required to be furnished without charge pursuant to section	37615
3329.06 of the Revised Code. The board may, however, make	37616
provision by appropriations transferred from the general fund of	37617
the district or otherwise for furnishing free of charge any	37618
materials used in a course of instruction to such pupils as it	37619
determines are in serious financial need of such materials.	37620

(B) No board of education of a school district that ~~receives~~	37621
received funds under section 3317.029 of the Revised Code in	37622
fiscal year 2009 shall charge a fee to a recipient of aid under	37623
Chapter 5107. or 5115. of the Revised Code for any materials	37624
needed to enable the recipient to participate fully in a course of	37625
instruction. The prohibition in this division against charging a	37626
fee does not apply to any fee charged for any materials needed to	37627
enable a recipient to participate fully in extracurricular	37628
activities or in any pupil enrichment program that is not a course	37629
of instruction.	37630

(C) Boards of education may adopt rules and regulations	37631
prescribing a schedule of fees for materials used in a course of	37632
instruction and prescribing a schedule of charges which may be	37633
imposed upon pupils for the loss, damage, or destruction of school	37634
apparatus, equipment, musical instruments, library material,	37635
textbooks, or electronic textbooks required to be furnished	37636
without charge, and for damage to school buildings, and may	37637
enforce the payment of such fees and charges by withholding the	37638
grades and credits of the pupils concerned.	37639

Sec. 3313.6410. This section applies to any school that is	37640
operated by a school district and in which the enrolled students	37641
work primarily on assignments in nonclassroom-based learning	37642
opportunities provided via an internet- or other computer-based	37643
instructional method.	37644

(A) Any school to which this section applies shall withdraw	37645
from the school any student who, for two consecutive school years,	37646
has failed to participate in the spring administration of any ~~test~~	37647
assessment prescribed under section 3301.0710 or 3301.0712 of the	37648
Revised Code for the student's grade level and was not excused	37649
from the ~~test~~assessment pursuant to division (C)(1) or (3) of	37650
section 3301.0711 of the Revised Code, regardless of whether a	37651
waiver was granted for the student under division (E) of section	37652
3317.03 of the Revised Code. The school shall report any such	37653
student's data verification code, as assigned pursuant to section	37654
3301.0714 of the Revised Code, to the department of education to	37655
be added to the list maintained by the department under section	37656
3314.26 of the Revised Code.	37657

(B) No school to which this section applies shall receive any	37658
state funds under Chapter 3306. or 3317. of the Revised Code for	37659
any enrolled student whose data verification code appears on the	37660
list maintained by the department under section 3314.26 of the	37661
Revised Code. Notwithstanding any provision of the Revised Code to	37662
the contrary, the parent of any such student shall pay tuition to	37663
the school district that operates the school in an amount equal to	37664
the state funds the district otherwise would receive for that	37665
student, as determined by the department. A school to which this	37666
section applies may withdraw any student for whom the parent does	37667
not pay tuition as required by this division.	37668

Sec. 3313.65. (A) As used in this section and section	37669
3313.64 of the Revised Code:	37670

(1) A person is "in a residential facility" if the person is	37671
a resident or a resident patient of an institution, home, or other	37672
residential facility that is:	37673

(a) Licensed as a nursing home, residential care facility, or	37674
home for the aging by the director of health under section 3721.02	37675
of the Revised Code ~~or licensed as a community alternative home by~~	37676
~~the director of health under section 3724.03 of the Revised Code~~;	37677

(b) Licensed as an adult care facility by the director of	37678
health under Chapter 3722. of the Revised Code;	37679

(c) Maintained as a county home or district home by the board	37680
of county commissioners or a joint board of county commissioners	37681
under Chapter 5155. of the Revised Code;	37682

(d) Operated or administered by a board of alcohol, drug	37683
addiction, and mental health services under section 340.03 or	37684
340.06 of the Revised Code, or provides residential care pursuant	37685
to contracts made under section 340.03 or 340.033 of the Revised	37686
Code;	37687

(e) Maintained as a state institution for the mentally ill	37688
under Chapter 5119. of the Revised Code;	37689

(f) Licensed by the department of mental health under section	37690
5119.20 or 5119.22 of the Revised Code;	37691

(g) Licensed as a residential facility by the department of	37692
mental retardation and developmental disabilities under section	37693
5123.19 of the Revised Code;	37694

(h) Operated by the veteran's administration or another	37695
agency of the United States government;	37696

(i) The Ohio soldiers' and sailors' home.

37697

(2) A person is "in a correctional facility" if any of the	37698
following apply:	37699

(a) The person is an Ohio resident and is:

37700

(i) Imprisoned, as defined in section 1.05 of the Revised	37701
Code;	37702

(ii) Serving a term in a community-based correctional	37703
facility or a district community-based correctional facility;	37704

(iii) Required, as a condition of parole, a post-release	37705
control sanction, a community control sanction, transitional	37706
control, or early release from imprisonment, as a condition of	37707
shock parole or shock probation granted under the law in effect	37708
prior to July 1, 1996, or as a condition of a furlough granted	37709
under the version of section 2967.26 of the Revised Code in effect	37710
prior to March 17, 1998, to reside in a halfway house or other	37711
community residential center licensed under section 2967.14 of the	37712
Revised Code or a similar facility designated by the court of	37713
common pleas that established the condition or by the adult parole	37714
authority.	37715

(b) The person is imprisoned in a state correctional	37716
institution of another state or a federal correctional institution	37717
but was an Ohio resident at the time the sentence was imposed for	37718
the crime for which the person is imprisoned.	37719

(3) A person is "in a juvenile residential placement" if the	37720
person is an Ohio resident who is under twenty-one years of age	37721
and has been removed, by the order of a juvenile court, from the	37722
place the person resided at the time the person became subject to	37723
the court's jurisdiction in the matter that resulted in the	37724
person's removal.	37725

(4) "Community control sanction" has the same meaning as in	37726
section 2929.01 of the Revised Code.	37727

(5) "Post-release control sanction" has the same meaning as	37728
in section 2967.01 of the Revised Code.	37729

(B) If the circumstances described in division (C) of this	37730
section apply, the determination of what school district must	37731
admit a child to its schools and what district, if any, is liable	37732
for tuition shall be made in accordance with this section, rather	37733
than section 3313.64 of the Revised Code.	37734

(C) A child who does not reside in the school district in	37735
which the child's parent resides and for whom a tuition obligation	37736
previously has not been established under division (C)(2) of	37737
section 3313.64 of the Revised Code shall be admitted to the	37738
schools of the district in which the child resides if at least one	37739
of the child's parents is in a residential or correctional	37740
facility or a juvenile residential placement and the other parent,	37741
if living and not in such a facility or placement, is not known to	37742
reside in this state.	37743

(D) Regardless of who has custody or care of the child,	37744
whether the child resides in a home, or whether the child receives	37745
special education, if a district admits a child under division (C)	37746
of this section, tuition shall be paid to that district as	37747
follows:	37748

(1) If the child's parent is in a juvenile residential	37749
placement, by the district in which the child's parent resided at	37750
the time the parent became subject to the jurisdiction of the	37751
juvenile court;	37752

(2) If the child's parent is in a correctional facility, by	37753
the district in which the child's parent resided at the time the	37754
sentence was imposed;	37755

(3) If the child's parent is in a residential facility, by	37756
the district in which the parent resided at the time the parent	37757
was admitted to the residential facility, except that if the	37758
parent was transferred from another residential facility, tuition	37759
shall be paid by the district in which the parent resided at the	37760
time the parent was admitted to the facility from which the parent	37761
first was transferred;	37762

(4) In the event of a disagreement as to which school	37763
district is liable for tuition under division (C)(1), (2), or (3)	37764
of this section, the superintendent of public instruction shall	37765
determine which district shall pay tuition.	37766

(E) If a child covered by division (D) of this section	37767
receives special education in accordance with Chapter 3323. of the	37768
Revised Code, the tuition shall be paid in accordance with section	37769
3323.13 or 3323.14 of the Revised Code. Tuition for children who	37770
do not receive special education shall be paid in accordance with	37771
division (J) of section 3313.64 of the Revised Code.	37772

Sec. 3313.673. (A) Except as provided in division (B) of	37773
this section, prior to the first day of November of the school	37774
year in which a pupil is enrolled for the first time in either	37775
kindergarten or first grade, the pupil shall be screened for	37776
hearing, vision, speech and communications, and health or medical	37777
problems and for any developmental disorders. If the results of	37778
any screening reveal the possibility of special learning needs,	37779
the board of education of the school district shall conduct	37780
further assessment in accordance with Chapter 3323. of the Revised	37781
Code. The board may provide any of the elements of the screening	37782
program itself, contract with any person or governmental entity to	37783
provide any such elements, or request the parent to obtain any	37784
such elements from a provider selected by the parent. If the board	37785
conducts hearing and vision screening itself or contracts for	37786
hearing and vision screening, such screening shall be conducted	37787
pursuant to sections 3313.50, 3313.69, and 3313.73 of the Revised	37788
Code.	37789

(B) Prior to the first day of August of the school year in	37790
which a pupil is required to be screened under this section, the	37791
board shall provide parents with information about the district's	37792
screening program. If the board chooses to request parents to	37793
obtain any screening services, it shall provide lists of providers	37794
to parents together with information about such screening services	37795
available in the community to parents who cannot afford them. Any	37796
parent requested to obtain any screening services under this	37797
division may sign a written statement to the effect that hethe	37798
parent does not wish to have ~~his~~the parent's child receive such	37799
screening.	37800

(C) Each district shall report the aggregate results of the	37801
screenings required under this section in the manner prescribed by	37802
guidelines established for that purpose by the state board of	37803
education under division (B)(1)(o) of section 3301.0714 of the	37804
Revised Code.	37805

Sec. 3313.68. The board of education of each city, exempted	37806
village, or local school district may appoint one or more school	37807
physicians and one or more school dentists. Two or more school	37808
districts may unite and employ one such physician and at least one	37809
such dentist whose duties shall be such as are prescribed by law.	37810
Said school physician shall hold a license to practice medicine in	37811
Ohio, and each school dentist shall be licensed to practice in	37812
this state. School physicians and dentists may be discharged at	37813
any time by the board of education. School physicians and dentists	37814
shall serve one year and until their successors are appointed and	37815
shall receive such compensation as the board of education	37816
determines. The board of education may also employ registered	37817
nurses, as defined by section 4723.01 and licensed as school	37818
nurses under ~~section 3319.22~~Chapter 3319. of the Revised Code, to	37819
aid in such inspection in such ways as are prescribed by it, and	37820
to aid in the conduct and coordination of the school health	37821
service program. The school dentists shall make such examinations	37822
and diagnoses and render such remedial or corrective treatment for	37823
the school children as is prescribed by the board of education;	37824
provided that all such remedial or corrective treatment shall be	37825
limited to the children whose parents cannot otherwise provide for	37826
same, and then only with the written consent of the parents or	37827
guardians of such children. School dentists may also conduct such	37828
oral hygiene educational work as is authorized by the board of	37829
education.	37830

The board of education may delegate the duties and powers	37831
provided for in this section to the board of health or officer	37832
performing the functions of a board of health within the school	37833
district, if such board or officer is willing to assume the same.	37834
Boards of education shall co-operate with boards of health in the	37835
prevention and control of epidemics.	37836

Sec. 3313.713. (A) As used in this section:

37837

(1) "Drug" means a drug, as defined in section 4729.01 of the	37838
Revised Code, that is to be administered pursuant to the	37839
instructions of the prescriber, whether or not required by law to	37840
be sold only upon a prescription.	37841

(2) "Federal law" means the "Individuals with Disabilities	37842
Education Act of 1997," 111 Stat. 37, 20 U.S.C. 1400, as amended.	37843

(3) "Prescriber" has the same meaning as in section 4729.01	37844
of the Revised Code.	37845

(B) The board of education of each city, local, exempted	37846
village, and joint vocational school district shall, not later	37847
than one hundred twenty days after September 20, 1984, adopt a	37848
policy on the authority of its employees, when acting in	37849
situations other than those governed by sections 2305.23,	37850
2305.231, and 3313.712 of the Revised Code, to administer drugs	37851
prescribed to students enrolled in the schools of the district.	37852
The policy shall provide either that:	37853

(1) Except as otherwise required by federal law, no person	37854
employed by the board shall, in the course of such employment,	37855
administer any drug prescribed to any student enrolled in the	37856
schools of the district.	37857

(2) Designated persons employed by the board are authorized	37858
to administer to a student a drug prescribed for the student.	37859
Effective July 1, 2011, only employees of the board who hold a	37860
valid school nurse license or school nurse wellness coordinator	37861
license issued under section 3319.221 of the Revised Code or who	37862
have completed a drug administration training program conducted by	37863
a registered nurse may administer to a student a drug prescribed	37864
for the student. Except as otherwise provided by federal law, the	37865
board's policy may provide that certain drugs or types of drugs	37866
shall not be administered or that no employee~~, or no employee~~	37867
~~without appropriate training,~~ shall use certain procedures, such	37868
as injection, to administer a drug to a student.	37869

(C) No drug prescribed for a student shall be administered	37870
pursuant to federal law or a policy adopted under division (B) of	37871
this section until the following occur:	37872

(1) The board, or a person designated by the board, receives	37873
a written request, signed by the parent, guardian, or other person	37874
having care or charge of the student, that the drug be	37875
administered to the student.	37876

(2) The board, or a person designated by the board, receives	37877
a statement, signed by the prescriber, that includes all of the	37878
following information:	37879

(a) The name and address of the student;

37880

(b) The school and class in which the student is enrolled;

37881

37882

(d) The times or intervals at which each dosage of the drug	37883
is to be administered;	37884

(e) The date the administration of the drug is to begin;

37885

(f) The date the administration of the drug is to cease;

37886

(g) Any severe adverse reactions that should be reported to	37887
the prescriber and one or more phone numbers at which the	37888
prescriber can be reached in an emergency;	37889

(h) Special instructions for administration of the drug,	37890
including sterile conditions and storage.	37891

(3) The parent, guardian, or other person having care or	37892
charge of the student agrees to submit a revised statement signed	37893
by the prescriber to the board or a person designated by the board	37894
if any of the information provided by the prescriber pursuant to	37895
division (C)(2) of this section changes.	37896

(4) The person authorized by the board to administer the drug	37897
receives a copy of the statement required by division (C)(2) or	37898
(3) of this section.	37899

(5) The drug is received by the person authorized to	37900
administer the drug to the student for whom the drug is prescribed	37901
in the container in which it was dispensed by the prescriber or a	37902
licensed pharmacist.	37903

(6) Any other procedures required by the board are followed.

37904

(D) If a drug is administered to a student, the board of	37905
education shall acquire and retain copies of the written requests	37906
required by division (C)(1) and the statements required by	37907
divisions (C)(2) and (3) of this section and shall ensure that by	37908
the next school day following the receipt of any such statement a	37909
copy is given to the person authorized to administer drugs to the	37910
student for whom the statement has been received. The board, or a	37911
person designated by the board, shall establish a location in each	37912
school building for the storage of drugs to be administered under	37913
this section and federal law. All such drugs shall be stored in	37914
that location in a locked storage place, except that drugs that	37915
require refrigeration may be kept in a refrigerator in a place not	37916
commonly used by students.	37917

(E) No person who has been authorized by a board of education	37918
to administer a drug and has a copy of the most recent statement	37919
required by division (C)(2) or (3) of this section given to the	37920
person in accordance with division (D) of this section prior to	37921
administering the drug is liable in civil damages for	37922
administering or failing to administer the drug, unless such	37923
person acts in a manner that constitutes gross negligence or	37924
wanton or reckless misconduct.	37925

(F) A board of education may designate a person or persons to	37926
perform any function or functions in connection with a drug policy	37927
adopted under this section either by name or by position,	37928
training, qualifications, or similar distinguishing factors.	37929

Nothing in this section shall be construed to require a	37930
person employed by a board of education to administer a drug to a	37931
student unless the board's policy adopted in compliance with this	37932
section establishes such a requirement. A board shall not require	37933
an employee to administer a drug to a student if the employee	37934
objects, on the basis of religious convictions, to administering	37935
the drug.	37936

A policy adopted by a board of education pursuant to this	37937
section may be changed, modified, or revised by action of the	37938
board.	37939

Nothing in this section affects the application of section	37940
2305.23, 2305.231, or 3313.712 of the Revised Code to the	37941
administration of emergency care or treatment to a student.	37942

~~Sec. 3313.174.~~ Sec. 3313.82. The board of education of each ~~city~~	37943
~~and exempted village~~ school district ~~and~~, the governing board of	37944
each educational service center, the governing authority of each	37945
community school established under Chapter 3314. of the Revised	37946
Code, and the governing body of each STEM school established under	37947
Chapter 3326. of the Revised Code shall appoint a business	37948
advisory council. The council shall advise and provide	37949
recommendations to the board, governing authority, or governing	37950
body on matters specified by the board, governing authority, or	37951
governing body including, but not necessarily limited to, the	37952
delineation of employment skills and the development of	37953
curriculum to instill these skills; changes in the economy and in	37954
the job market, and the types of employment in which future jobs	37955
are most likely to be available; coordination with the Ohio	37956
skills bank and university system of Ohio institutions;	37957
development of the response to and implementation of	37958
recommendations from a performance review conducted under section	37959
3306.32 of the Revised Code or a performance audit conducted under	37960
section 3316.042 of the Revised Code; and suggestions for	37961
developing a working relationship among businesses, labor	37962
organizations, and educational personnel in the district or in the	37963
territory ofserved by the educational service center, community	37964
school, or STEM school. Each board, governing authority, or	37965
governing body shall determine the membership and organization of	37966
its council, and annually shall report to the department of	37967
education the names of the council members. Notwithstanding	37968
~~division (D) of section 3311.19 and~~ division (D) of section	37969
3311.52 of the Revised Code, this section shall not apply to the	37970
board of education of ~~any joint vocational school district or~~ any	37971
cooperative education school district created pursuant to	37972
divisions (A) to (C) of section 3311.52 of the Revised Code.	37973

Sec. 3313.821. (A) The board of education of each school	37974
district, the governing authority of each community school	37975
established under Chapter 3314. of the Revised Code, and the	37976
governing body of each STEM school established under Chapter 3326.	37977
of the Revised Code shall appoint a family and community	37978
engagement team. Each team shall do the following:	37979

(1) Work with local county family and children first councils	37980
established under section 121.37 of the Revised Code to recommend	37981
to the board, governing authority, or governing body	37982
qualifications and responsibilities to be included in the job	37983
descriptions for school family and community engagement	37984
coordinators;	37985

(2) Develop five-year family and community engagement plans;

37986

(3) Provide annual progress reports on the development and	37987
implementation of the plan. The board, governing authority, or	37988
governing body shall submit the plan and annual progress reports	37989
to the county family and children first council.	37990

(4) Advise and provide recommendations to the board,	37991
governing authority, or governing body on matters specified by the	37992
board, governing authority, or governing body.	37993

(B) Each board, governing authority, and governing body shall	37994
determine the membership and organization of its family and	37995
community engagement team, provided that it shall include parents,	37996
community representatives, health and human service	37997
representatives, business representatives, and any other	37998
representatives identified by the board, governing authority, or	37999
governing body.	38000

(C) Notwithstanding section 3311.055, this section does not	38001
apply to the governing board of an educational service center.	38002

Sec. 3313.843. (A) Notwithstanding division (D) of section	38003
3311.52 of the Revised Code, this section does not apply to either	38004
of the following:	38005

(1) Any cooperative education school district;

38006

(2) Any city or exempted village school district with a total	38007
student count of thirteen thousand or more determined pursuant to	38008
section 3317.03 of the Revised Code that has not entered into one	38009
or more agreements pursuant to this section prior to July 1, 1993,	38010
unless the district's total student count did not exceed thirteen	38011
thousand at the time it entered into an initial agreement under	38012
this section.	38013

(B) The board of education of a city or exempted village	38014
school district and the governing board of an educational service	38015
center may enter into an agreement, through adoption of identical	38016
resolutions, under which the educational service center governing	38017
board will provide services to the city or exempted village school	38018
district.	38019

Services provided under the agreement shall be specified in	38020
the agreement, and may include any one or a combination of the	38021
following: supervisory teachers; in-service and continuing	38022
education programs for city or exempted village school district	38023
personnel; curriculum services as provided to the local school	38024
districts under the supervision of the service center governing	38025
board; research and development programs; academic instruction for	38026
which the governing board employs teachers pursuant to section	38027
3319.02 of the Revised Code; and assistance in the provision of	38028
special accommodations and classes for students with	38029
disabilities. Services included in the agreement shall be provided	38030
to the city or exempted village district in the same manner they	38031
are provided to local school districts under the governing board's	38032
supervision, unless otherwise specified in the agreement. The city	38033
or exempted village board of education shall reimburse the	38034
educational service center governing board pursuant to section	38035
3317.11 of the Revised Code.	38036

(C) If an educational service center received funding under	38037
division (B) of former section 3317.11 or division (F) of section	38038
3317.11 of the Revised Code for an agreement under this section	38039
involving a city school district whose total student count was	38040
less than thirteen thousand, the service center may continue to	38041
receive funding under that division for such an agreement in any	38042
subsequent year if the city district's total student count exceeds	38043
thirteen thousand. However, only the first thirteen thousand	38044
pupils in the formula ADM of such district shall be included in	38045
determining the amount of the per pupil subsidy the service center	38046
shall receive under division (F) of section 3317.11 of the Revised	38047
Code.	38048

(D) ~~Any~~If an educational service center that has received	38049
funding under division (F) of section 3317.11 of the Revised Code,	38050
or under division (B) of former section 3317.11 of the Revised	38051
Code as it existed prior to September 26, 2003, for services	38052
provided to a city or exempted village school district pursuant to	38053
an agreement entered into under this section is dissolved or is	38054
scheduled to be dissolved under section 3311.0510 of the Revised	38055
Code, the city or exempted village school district that entered	38056
into that agreement with the service center may enter into a new	38057
agreement under this section with another service center for the	38058
same or similar services. In that case, the other service center	38059
shall receive funding under division (F) of section 3317.11 of the	38060
Revised Code for services to that district for any subsequent year	38061
that the new agreement is in force. An agreement entered into	38062
under this division shall be effective on the first day of July	38063
following the date both the service center governing board and the	38064
city or exempted village school district board approved the	38065
agreement, unless the agreement is so approved after the initial	38066
service center is dissolved, in which case the agreement shall be	38067
effective on the date that both boards have approved the	38068
agreement.	38069

(E) Except for an agreement under division (D) of this	38070
section that is approved by the boards of the district and the new	38071
service center after the initial service center is dissolved, any	38072
agreement entered into pursuant to this section shall be valid	38073
only if a copy is filed with the department of education by the	38074
first day of the school year for which the agreement is in effect.	38075
An agreement under division (D) of this section that is approved	38076
by the boards of the district and the new service center after the	38077
initial service center is dissolved shall be valid only if a copy	38078
is filed with the department within ten days after both boards	38079
have approved the agreement.	38080

Sec. 3313.976. (A) No private school may receive scholarship	38081
payments from parents pursuant to section 3313.979 of the Revised	38082
Code until the chief administrator of the private school registers	38083
the school with the superintendent of public instruction. The	38084
state superintendent shall register any school that meets the	38085
following requirements:	38086

(1) The school is located within the boundaries of the pilot	38087
project school district;	38088

(2) The school indicates in writing its commitment to follow	38089
all requirements for a state-sponsored scholarship program	38090
specified under sections 3313.974 to 3313.979 of the Revised Code,	38091
including, but not limited to, the requirements for admitting	38092
students pursuant to section 3313.977 of the Revised Code;	38093

(3) The school meets all state minimum standards for	38094
chartered nonpublic schools in effect on July 1, 1992, except that	38095
the state superintendent at the superintendent's discretion may	38096
register nonchartered nonpublic schools meeting the other	38097
requirements of this division;	38098

(4) The school does not discriminate on the basis of race,	38099
religion, or ethnic background;	38100

(5) The school enrolls a minimum of ten students per class or	38101
a sum of at least twenty-five students in all the classes offered;	38102

(6) The school does not advocate or foster unlawful behavior	38103
or teach hatred of any person or group on the basis of race,	38104
ethnicity, national origin, or religion;	38105

(7) The school does not provide false or misleading	38106
information about the school to parents, students, or the general	38107
public;	38108

(8) For students in grades kindergarten through eight, the	38109
school agrees not to charge any tuition to low-income families	38110
receiving ninety per cent of the scholarship amount through the	38111
scholarship program, pursuant to division (A) of section 3313.978	38112
of the Revised Code, in excess of ten per cent of the scholarship	38113
amount established pursuant to division (C)(1) of section 3313.978	38114
of the Revised Code, excluding any increase described in division	38115
(C)(2) of that section. The school shall permit any such tuition,	38116
at the discretion of the parent, to be satisfied by the low-income	38117
family's provision of in-kind contributions or services.	38118

(9) For students in grades kindergarten through eight, the	38119
school agrees not to charge any tuition to low-income families	38120
receiving a seventy-five per cent scholarship amount through the	38121
scholarship program, pursuant to division (A) of section 3313.978	38122
of the Revised Code, in excess of the difference between the	38123
actual tuition charge of the school and seventy-five per cent of	38124
the scholarship amount established pursuant to division (C)(1) of	38125
section 3313.978 of the Revised Code, excluding any increase	38126
described in division (C)(2) of that section. The school shall	38127
permit such tuition, at the discretion of the parent, to be	38128
satisfied by the low-income family's provision of in-kind	38129
contributions or services.	38130

(10) The school agrees not to charge any tuition to families	38131
of students in grades nine through twelve receiving a scholarship	38132
in excess of the actual tuition charge of the school less	38133
seventy-five or ninety per cent of the scholarship amount	38134
established pursuant to division (C)(1) of section 3313.978 of the	38135
Revised Code, as applicable, excluding any increase described in	38136
division (C)(2) of that section.	38137

(11) Notwithstanding division (K) of section 3301.0711 of the	38138
Revised Code, the school annually administers the assessments	38139
prescribed by section 3301.0710 of the Revised Code to each	38140
scholarship student enrolled in the school in accordance with	38141
section 3301.0711 of the Revised Code and reports to the	38142
department of education the results of each such assessment	38143
administered to each scholarship student.	38144

(B) The state superintendent shall revoke the registration of	38145
any school if, after a hearing, the superintendent determines that	38146
the school is in violation of any of the provisions of division	38147
(A) of this section.	38148

(C) Any public school located in a school district adjacent	38149
to the pilot project district may receive scholarship payments on	38150
behalf of parents pursuant to section 3313.979 of the Revised Code	38151
if the superintendent of the district in which such public school	38152
is located notifies the state superintendent prior to the first	38153
day of March that the district intends to admit students from the	38154
pilot project district for the ensuing school year pursuant to	38155
section 3327.06 of the Revised Code.	38156

(D) Any parent wishing to purchase tutorial assistance from	38157
any person or governmental entity pursuant to the pilot project	38158
program under sections 3313.974 to 3313.979 of the Revised Code	38159
shall apply to the state superintendent. The state superintendent	38160
shall approve providers who appear to possess the capability of	38161
furnishing the instructional services they are offering to	38162
provide.	38163

Sec. 3313.978. (A) Annually by the first day of November,	38164
the superintendent of public instruction shall notify the pilot	38165
project school district of the number of initial scholarships that	38166
the state superintendent will be awarding in each of grades	38167
kindergarten through eight.	38168

The state superintendent shall provide information about the	38169
scholarship program to all students residing in the district,	38170
shall accept applications from any such students until such date	38171
as shall be established by the state superintendent as a deadline	38172
for applications, and shall establish criteria for the selection	38173
of students to receive scholarships from among all those applying	38174
prior to the deadline, which criteria shall give preference to	38175
students from low-income families. For each student selected, the	38176
state superintendent shall also determine whether the student	38177
qualifies for seventy-five or ninety per cent of the scholarship	38178
amount. Students whose family income is at or above two hundred	38179
per cent of the maximum income level established by the state	38180
superintendent for low-income families shall qualify for	38181
seventy-five per cent of the scholarship amount and students whose	38182
family income is below two hundred per cent of that maximum income	38183
level shall qualify for ninety per cent of the scholarship amount.	38184
The state superintendent shall notify students of their selection	38185
prior to the fifteenth day of January and whether they qualify for	38186
seventy-five or ninety per cent of the scholarship amount.	38187

(1) A student receiving a pilot project scholarship may	38188
utilize it at an alternative public school by notifying the	38189
district superintendent, at any time before the beginning of the	38190
school year, of the name of the public school in an adjacent	38191
school district to which the student has been accepted pursuant to	38192
section 3327.06 of the Revised Code.	38193

(2) A student may decide to utilize a pilot project	38194
scholarship at a registered private school in the district if all	38195
of the following conditions are met:	38196

(a) By the fifteenth day of February of the preceding school	38197
year, or at any time prior to the start of the school year, the	38198
parent makes an application on behalf of the student to a	38199
registered private school.	38200

(b) The registered private school notifies the parent and the	38201
state superintendent as follows that the student has been	38202
admitted:	38203

(i) By the fifteenth day of March of the preceding school	38204
year if the student filed an application by the fifteenth day of	38205
February and was admitted by the school pursuant to division (A)	38206
of section 3313.977 of the Revised Code;	38207

(ii) Within one week of the decision to admit the student if	38208
the student is admitted pursuant to division (C) of section	38209
3313.977 of the Revised Code.	38210

(c) The student actually enrolls in the registered private	38211
school to which the student was first admitted or in another	38212
registered private school in the district or in a public school in	38213
an adjacent school district.	38214

(B) The state superintendent shall also award in any school	38215
year tutorial assistance grants to a number of students equal to	38216
the number of students who receive scholarships under division (A)	38217
of this section. Tutorial assistance grants shall be awarded	38218
solely to students who are enrolled in the public schools of the	38219
district in a grade level covered by the pilot project. Tutorial	38220
assistance grants may be used solely to obtain tutorial assistance	38221
from a provider approved pursuant to division (D) of section	38222
3313.976 of the Revised Code.	38223

All students wishing to obtain tutorial assistance grants	38224
shall make application to the state superintendent by the first	38225
day of the school year in which the assistance will be used. The	38226
state superintendent shall award assistance grants in accordance	38227
with criteria the superintendent shall establish. For each student	38228
awarded a grant, the state superintendent shall also determine	38229
whether the student qualifies for seventy-five or ninety per cent	38230
of the grant amount and so notify the student. Students whose	38231
family income is at or above two hundred per cent of the maximum	38232
income level established by the state superintendent for	38233
low-income families shall qualify for seventy-five per cent of the	38234
grant amount and students whose family income is below two hundred	38235
per cent of that maximum income level shall qualify for ninety per	38236
cent of the grant amount.	38237

(C)(1) In the case of basic scholarships for students in	38238
grades kindergarten through eight, the scholarship amount shall	38239
not exceed the lesser of the tuition charges of the alternative	38240
school the scholarship recipient attends or three thousand	38241
dollars before fiscal year 2007 and three thousand four hundred	38242
fifty dollars in fiscal year 2007 and thereafter.	38243

In the case of basic scholarships for students in grades nine	38244
through twelve, the scholarship amount shall not exceed the lesser	38245
of the tuition charges of the alternative school the scholarship	38246
recipient attends or two thousand seven hundred dollars before	38247
fiscal year 2007 and three thousand four hundred fifty dollars in	38248
fiscal year 2007 and thereafter.	38249

(2) The state superintendent shall provide for an increase in	38250
the basic scholarship amount in the case of any student who is a	38251
mainstreamed student with a disability and shall further increase	38252
such amount in the case of any separately educated student with a	38253
disability. Such increases shall take into account the	38254
instruction, related services, and transportation costs of	38255
educating such students.	38256

(3) In the case of tutorial assistance grants, the grant	38257
amount shall not exceed the lesser of the provider's actual	38258
charges for such assistance or:	38259

(a) Before fiscal year 2007, a percentage established by the	38260
state superintendent, not to exceed twenty per cent, of the amount	38261
of the pilot project school district's average basic scholarship	38262
amount;	38263

(b) In fiscal year 2007 and thereafter, four hundred dollars.

38264

(4) No scholarship or tutorial assistance grant shall be	38265
awarded unless the state superintendent determines that	38266
twenty-five or ten per cent, as applicable, of the amount	38267
specified for such scholarship or grant pursuant to division	38268
(C)(1), (2), or (3) of this section will be furnished by a	38269
political subdivision, a private nonprofit or for profit entity,	38270
or another person. Only seventy-five or ninety per cent of such	38271
amounts, as applicable, shall be paid from state funds pursuant to	38272
section 3313.979 of the Revised Code.	38273

(D)(1) Annually by the first day of November, the state	38274
superintendent shall estimate the maximum per-pupil scholarship	38275
amounts for the ensuing school year. The state superintendent	38276
shall make this estimate available to the general public at the	38277
offices of the district board of education together with the forms	38278
required by division (D)(2) of this section.	38279

(2) Annually by the fifteenth day of January, the chief	38280
administrator of each registered private school located in the	38281
pilot project district and the principal of each public school in	38282
such district shall complete a parental information form and	38283
forward it to the president of the board of education. The	38284
parental information form shall be prescribed by the department of	38285
education and shall provide information about the grade levels	38286
offered, the numbers of students, tuition amounts, achievement	38287
test results, and any sectarian or other organizational	38288
affiliations.	38289

(E)(1) Only for the purpose of administering the pilot	38290
project scholarship program, the department may request from any	38291
of the following entities the data verification code assigned	38292
under division (D)(2) of section 3301.0714 of the Revised Code to	38293
any student who is seeking a scholarship under the program:	38294

(a) The school district in which the student is entitled to	38295
attend school under section 3313.64 or 3313.65 of the Revised	38296
Code;	38297

(b) If applicable, the community school in which the student	38298
is enrolled;	38299

(c) The independent contractor engaged to create and maintain	38300
data verification codes.	38301

(2) Upon a request by the department under division (E)(1) of	38302
this section for the data verification code of a student seeking a	38303
scholarship or a request by the student's parent for that code,	38304
the school district or community school shall submit that code to	38305
the department or parent in the manner specified by the	38306
department. If the student has not been assigned a code, because	38307
the student will be entering kindergarten during the school year	38308
for which the scholarship is sought, the district shall assign a	38309
code to that student and submit the code to the department or	38310
parent by a date specified by the department. If the district does	38311
not assign a code to the student by the specified date, the	38312
department shall assign a code to the student.	38313

The department annually shall submit to each school district	38314
the name and data verification code of each student residing in	38315
the district who is entering kindergarten, who has been awarded a	38316
scholarship under the program, and for whom the department has	38317
assigned a code under this division.	38318

(3) The department shall not release any data verification	38319
code that it receives under division (E) of this section to any	38320
person except as provided by law.	38321

(F) Any document relative to the pilot project scholarship	38322
program that the department holds in its files that contains both	38323
a student's name or other personally identifiable information and	38324
the student's data verification code shall not be a public record	38325
under section 149.43 of the Revised Code.	38326

(G)(1) The department annually shall compile the scores	38327
attained by scholarship students enrolled in registered private	38328
schools on the assessments administered to the students pursuant	38329
to division (A)(11) of section 3313.976 of the Revised Code. The	38330
scores shall be aggregated as follows:	38331

(a) By school district, which shall include all scholarship	38332
students residing in the pilot project school district who are	38333
enrolled in a registered private school and were required to take	38334
an assessment pursuant to division (A)(11) of section 3313.976 of	38335
the Revised Code;	38336

(b) By registered private school, which shall include all	38337
scholarship students enrolled in that school who were required to	38338
take an assessment pursuant to division (A)(11) of section	38339
3313.976 of the Revised Code.	38340

(2) The department shall disaggregate the student performance	38341
data described in division (G)(1) of this section according to the	38342
following categories:	38343

(a) Age;

38344

(b) Race and ethnicity;

38345

38346

(d) Students who have participated in the scholarship program	38347
for three or more years;	38348

(e) Students who have participated in the scholarship program	38349
for more than one year and less than three years;	38350

(f) Students who have participated in the scholarship program	38351
for one year or less;	38352

(g) Economically disadvantaged students.

38353

(3) The department shall post the student performance data	38354
required under divisions (G)(1) and (2) of this section on its web	38355
site and shall include that data in the information about the	38356
scholarship program provided to students under division (A) of	38357
this section. In reporting student performance data under this	38358
division, the department shall not include any data that is	38359
statistically unreliable or that could result in the	38360
identification of individual students. For this purpose, the	38361
department shall not report performance data for any group that	38362
contains less than ten students.	38363

(4) The department shall provide the parent of each	38364
scholarship student enrolled in a registered private school with	38365
information comparing the student's performance on the assessments	38366
administered pursuant to division (A)(11) of section 3313.976 of	38367
the Revised Code with the average performance of similar students	38368
enrolled in the building operated by the pilot project school	38369
district that the scholarship student would otherwise attend. In	38370
calculating the performance of similar students, the department	38371
shall consider age, grade, race and ethnicity, gender, and	38372
socioeconomic status.	38373

Sec. 3313.98. Notwithstanding division (D) of section	38374
3311.19 and division (D) of section 3311.52 of the Revised Code,	38375
the provisions of this section and sections 3313.981 to 3313.983	38376
of the Revised Code that apply to a city school district do not	38377
apply to a joint vocational or cooperative education school	38378
district unless expressly specified.	38379

(A) As used in this section and sections 3313.981 to 3313.983	38380
of the Revised Code:	38381

(1) "Parent" means either of the natural or adoptive parents	38382
of a student, except under the following conditions:	38383

(a) When the marriage of the natural or adoptive parents of	38384
the student has been terminated by a divorce, dissolution of	38385
marriage, or annulment or the natural or adoptive parents of the	38386
student are living separate and apart under a legal separation	38387
decree and the court has issued an order allocating the parental	38388
rights and responsibilities with respect to the student, "parent"	38389
means the residential parent as designated by the court except	38390
that "parent" means either parent when the court issues a shared	38391
parenting decree.	38392

(b) When a court has granted temporary or permanent custody	38393
of the student to an individual or agency other than either of the	38394
natural or adoptive parents of the student, "parent" means the	38395
legal custodian of the child.	38396

(c) When a court has appointed a guardian for the student,	38397
"parent" means the guardian of the student.	38398

(2) "Native student" means a student entitled under section	38399
3313.64 or 3313.65 of the Revised Code to attend school in a	38400
district adopting a resolution under this section.	38401

(3) "Adjacent district" means a city, exempted village, or	38402
local school district having territory that abuts the territory of	38403
a district adopting a resolution under this section.	38404

(4) "Adjacent district student" means a student entitled	38405
under section 3313.64 or 3313.65 of the Revised Code to attend	38406
school in an adjacent district.	38407

(5) "Adjacent district joint vocational student" means an	38408
adjacent district student who enrolls in a city, exempted village,	38409
or local school district pursuant to this section and who also	38410
enrolls in a joint vocational school district that does not	38411
contain the territory of the district for which that student is a	38412
native student and does contain the territory of the city,	38413
exempted village, or local district in which the student enrolls.	38414

(6) ~~"Formula amount" has the same meaning as in section~~	38415
~~3317.02 of the Revised Code.~~	38416

~~(7) "Adjusted formula amount" means the sum of the formula~~	38417
~~amount plus the per pupil amount of the base funding supplements~~	38418
~~specified in divisions (C)(1) to (4) of section 3317.012~~	38419
"Formula ADM" has the same meaning as in section 3317.02 of the	38420
Revised Code.	38421

~~(8)~~(7) "Poverty line" means the poverty line established by	38422
the director of the United States office of management and budget	38423
as revised by the director of the office of community services in	38424
accordance with section 673(2) of the "Community Services Block	38425
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	38426

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	38427
the Revised Code.	38428

~~(10)~~(9) "Other district" means a city, exempted village, or	38429
local school district having territory outside of the territory of	38430
a district adopting a resolution under this section.	38431

~~(11)~~(10) "Other district student" means a student entitled	38432
under section 3313.64 or 3313.65 of the Revised Code to attend	38433
school in an other district.	38434

~~(12)~~(11) "Other district joint vocational student" means a	38435
student who is enrolled in any city, exempted village, or local	38436
school district and who also enrolls in a joint vocational school	38437
district that does not contain the territory of the district for	38438
which that student is a native student in accordance with a policy	38439
adopted under section 3313.983 of the Revised Code.	38440

(B)(1) The board of education of each city, local, and	38441
exempted village school district shall adopt a resolution	38442
establishing for the school district one of the following	38443
policies:	38444

(a) A policy that entirely prohibits the enrollment of	38445
students from adjacent districts or other districts, other than	38446
students for whom tuition is paid in accordance with section	38447
3317.08 of the Revised Code;	38448

(b) A policy that permits enrollment of students from all	38449
adjacent districts in accordance with policy statements contained	38450
in the resolution;	38451

(c) A policy that permits enrollment of students from all	38452
other districts in accordance with policy statements contained in	38453
the resolution.	38454

(2) A policy permitting enrollment of students from adjacent	38455
or from other districts, as applicable, shall provide for all of	38456
the following:	38457

(a) Application procedures, including deadlines for	38458
application and for notification of students and the	38459
superintendent of the applicable district whenever an adjacent or	38460
other district student's application is approved.	38461

(b) Procedures for admitting adjacent or other district	38462
applicants free of any tuition obligation to the district's	38463
schools, including, but not limited to:	38464

(i) The establishment of district capacity limits by grade	38465
level, school building, and education program;	38466

(ii) A requirement that all native students wishing to be	38467
enrolled in the district will be enrolled and that any adjacent or	38468
other district students previously enrolled in the district shall	38469
receive preference over first-time applicants;	38470

(iii) Procedures to ensure that an appropriate racial balance	38471
is maintained in the district schools.	38472

(C) Except as provided in section 3313.982 of the Revised	38473
Code, the procedures for admitting adjacent or other district	38474
students, as applicable, shall not include:	38475

(1) Any requirement of academic ability, or any level of	38476
athletic, artistic, or other extracurricular skills;	38477

(2) Limitations on admitting applicants because of	38478
disability, except that a board may refuse to admit a student	38479
receiving services under Chapter 3323. of the Revised Code, if	38480
the services described in the student's IEP are not available in	38481
the district's schools;	38482

(3) A requirement that the student be proficient in the	38483
English language;	38484

(4) Rejection of any applicant because the student has been	38485
subject to disciplinary proceedings, except that if an applicant	38486
has been suspended or expelled by the student's district for ten	38487
consecutive days or more in the term for which admission is sought	38488
or in the term immediately preceding the term for which admission	38489
is sought, the procedures may include a provision denying	38490
admission of such applicant.	38491

(D)(1) Each school board permitting only enrollment of	38492
adjacent district students shall provide information about the	38493
policy adopted under this section, including the application	38494
procedures and deadlines, to the superintendent and the board of	38495
education of each adjacent district and, upon request, to the	38496
parent of any adjacent district student.	38497

(2) Each school board permitting enrollment of other district	38498
students shall provide information about the policy adopted under	38499
this section, including the application procedures and deadlines,	38500
upon request, to the board of education of any other school	38501
district or to the parent of any student anywhere in the state.	38502

(E) Any school board shall accept all credits toward	38503
graduation earned in adjacent or other district schools by an	38504
adjacent or other district student or a native student.	38505

(F)(1) No board of education may adopt a policy discouraging	38506
or prohibiting its native students from applying to enroll in the	38507
schools of an adjacent or any other district that has adopted a	38508
policy permitting such enrollment, except that:	38509

(a) A district may object to the enrollment of a native	38510
student in an adjacent or other district in order to maintain an	38511
appropriate racial balance.	38512

(b) The board of education of a district receiving funds	38513
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	38514
may adopt a resolution objecting to the enrollment of its native	38515
students in adjacent or other districts if at least ten per cent	38516
of its students are included in the determination of the United	38517
States secretary of education made under section 20 U.S.C.A.	38518
238(a).	38519

(2) If a board objects to enrollment of native students under	38520
this division, any adjacent or other district shall refuse to	38521
enroll such native students unless tuition is paid for the	38522
students in accordance with section 3317.08 of the Revised Code.	38523
~~An adjacent or other district enrolling such students may not~~	38524
~~receive funding for those students in accordance with section~~	38525
~~3313.981 of the Revised Code.~~	38526

(G) The state board of education shall monitor school	38527
districts to ensure compliance with this section and the	38528
districts' policies. The board may adopt rules requiring uniform	38529
application procedures, deadlines for application, notification	38530
procedures, and record-keeping requirements for all school boards	38531
that adopt policies permitting the enrollment of adjacent or other	38532
district students, as applicable. If the state board adopts such	38533
rules, no school board shall adopt a policy that conflicts with	38534
those rules.	38535

(H) A resolution adopted by a board of education under this	38536
section that entirely prohibits the enrollment of students from	38537
adjacent and from other school districts does not abrogate any	38538
agreement entered into under section 3313.841 or 3313.92 of the	38539
Revised Code or any contract entered into under section 3313.90 of	38540
the Revised Code between the board of education adopting the	38541
resolution and the board of education of any adjacent or other	38542
district or prohibit these boards of education from entering into	38543
any such agreement or contract.	38544

(I) Nothing in this section shall be construed to permit or	38545
require the board of education of a city, exempted village, or	38546
local school district to exclude any native student of the	38547
district from enrolling in the district.	38548

Sec. 3313.981. (A) The state board of education shall adopt	38549
rules requiring all of the following:	38550

(1) The board of education of each city, exempted village,	38551
and local school district to annually report to the department of	38552
education all of the following:	38553

(a) The number of adjacent district or other district	38554
students, as applicable, and adjacent district or other district	38555
joint vocational students, as applicable, enrolled in the district	38556
and the number of native students enrolled in adjacent or other	38557
districts, in accordance with a policy adopted under division (B)	38558
of section 3313.98 of the Revised Code;	38559

(b) Each adjacent district or other district student's or	38560
adjacent district or other district joint vocational student's	38561
date of enrollment in the district;	38562

(c) The full-time equivalent number of adjacent district or	38563
other district students enrolled in vocational education programs	38564
or classes described in division (A) of section 3317.014 of the	38565
Revised Code and the full-time equivalent number of such students	38566
enrolled in vocational education programs or classes described in	38567
division (B) of that section;	38568

(d) Each native student's date of enrollment in an adjacent	38569
or other district.	38570

(2) The board of education of each joint vocational school	38571
district to annually report to the department all of the	38572
following:	38573

(a) The number of adjacent district or other district joint	38574
vocational students, as applicable, enrolled in the district;	38575

(b) The full-time equivalent number of adjacent district or	38576
other district joint vocational students enrolled in vocational	38577
education programs or classes described in division (A) of section	38578
3317.014 of the Revised Code and the full-time equivalent number	38579
of such students enrolled in vocational education programs or	38580
classes described in division (B) of that section;	38581

(c) For each adjacent district or other district joint	38582
vocational student, the city, exempted village, or local school	38583
district in which the student is also enrolled.	38584

(3) Prior to the first full school week in October each year,	38585
the superintendent of each city, local, or exempted village school	38586
district that admits adjacent district or other district students	38587
or adjacent district or other district joint vocational students	38588
in accordance with a policy adopted under division (B) of section	38589
3313.98 of the Revised Code to notify each adjacent or other	38590
district where those students are entitled to attend school under	38591
section 3313.64 or 3313.65 of the Revised Code of the number of	38592
the adjacent or other district's native students who are enrolled	38593
in the superintendent's district under the policy.	38594

The rules shall provide for the method of counting students	38595
who are enrolled for part of a school year in an adjacent or other	38596
district or as an adjacent district or other district joint	38597
vocational student.	38598

(B) ~~From the payments made to a city, exempted village, or~~	38599
~~local school district under Chapter 3317. of the Revised Code, the~~	38600
~~department of education shall annually subtract both of the~~	38601
~~following:~~	38602

~~(1) An amount equal to the number of the district's native~~	38603
~~students reported under division (A)(1) of this section who are~~	38604
~~enrolled in adjacent or other school districts pursuant to~~	38605
~~policies adopted by such districts under division (B) of section~~	38606
~~3313.98 of the Revised Code multiplied by the adjusted formula~~	38607
~~amount for the district;~~	38608

~~(2) The excess costs computed in accordance with division (E)~~	38609
~~of this section for any such native students receiving special~~	38610
~~education and related services in adjacent or other school~~	38611
~~districts or as an adjacent district or other district joint~~	38612
~~vocational student;~~	38613

~~(3) For the full-time equivalent number of the district's~~	38614
~~native students reported under division (A)(1)(c) or (2)(b) of~~	38615
~~this section as enrolled in vocational education programs or~~	38616
~~classes described in section 3317.014 of the Revised Code, an~~	38617
~~amount equal to the formula amount times the applicable multiple~~	38618
~~prescribed by that section.~~	38619

~~(C) To the payments made to a city, exempted village, or~~	38620
~~local school district under Chapter 3317. of the Revised Code, the~~	38621
~~department of education shall annually add all of the following:~~	38622

~~(1) An amount equal to the adjusted formula amount for the~~	38623
~~district multiplied by the remainder obtained by subtracting the~~	38624
~~number of adjacent district or other district joint vocational~~	38625
~~students from the number of adjacent district or other district~~	38626
~~students enrolled in the district, as reported under division~~	38627
~~(A)(1) of this section;~~	38628

~~(2) The excess costs computed in accordance with division (E)~~	38629
~~of this section for any adjacent district or other district~~	38630
~~students, except for any adjacent or other district joint~~	38631
~~vocational students, receiving special education and related~~	38632
~~services in the district;~~	38633

~~(3) For the full-time equivalent number of the adjacent or~~	38634
~~other district students who are not adjacent district or other~~	38635
~~district joint vocational students and are reported under division~~	38636
~~(A)(1)(c) of this section as enrolled in vocational education~~	38637
~~programs or classes described in section 3317.014 of the Revised~~	38638
~~Code, an amount equal to the formula amount times the applicable~~	38639
~~multiple prescribed by that section;~~	38640

~~(4) An amount equal to the number of adjacent district or~~	38641
~~other district joint vocational students reported under division~~	38642
~~(A)(1) of this section multiplied by an amount equal to twenty per~~	38643
~~cent of the adjusted formula amount for the district.~~	38644

~~(D) To the payments made to a joint vocational school~~	38645
~~district under Chapter 3317. of the Revised Code, the department~~	38646
~~of education shall add, for each adjacent district or other~~	38647
~~district joint vocational student reported under division (A)(2)~~	38648
~~of this section, both of the following:~~	38649

~~(1) An amount equal to the adjusted formula amount of the~~	38650
~~city, exempted village, or local school district in which the~~	38651
~~student is also enrolled;~~	38652

~~(2) An amount equal to the full-time equivalent number of~~	38653
~~students reported pursuant to division (A)(2)(b) of this section~~	38654
~~times the formula amount times the applicable multiple prescribed~~	38655
~~by section 3317.014 of the Revised Code~~Each student enrolled in a	38656
school of an adjacent or other district under an open enrollment	38657
policy adopted under section 3313.98 of the Revised Code shall be	38658
counted in the formula ADM of the district in which the student	38659
is enrolled and not in the formula ADM of the district in which	38660
the student is entitled to attend school under section 3313.64 or	38661
3313.65 of the Revised Code. Accordingly, the district in which	38662
the student is enrolled shall be credited with state funds for	38663
the student under Chapters 3306. and 3317. of the Revised Code.	38664

~~(E)~~(C)(1) A city, exempted village, or local school district	38665
board providing special education and related services to an	38666
adjacent or other district student in accordance with an IEP	38667
shall, pursuant to rules of the state board, compute the excess	38668
costs to educate such student ~~as follows:~~	38669

~~(a) Subtract the adjusted formula amount for the district~~by	38670
subtracting from the actual costs to educate the student;	38671

~~(b) From the amount computed under division (E)(1)(a) of this~~	38672
~~section subtract~~ the amount of any funds received by the district	38673
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code to	38674
provide special education and related services to the student.	38675

(2) The board shall report the excess costs computed under	38676
this division to the department of education.	38677

(3) If any student for whom excess costs are computed under	38678
division ~~(E)~~(C)(1) of this section is an adjacent or other	38679
district joint vocational student, the department of education	38680
shall add the amount of such excess costs to the payments made	38681
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code to the	38682
joint vocational school district enrolling the student.	38683

~~(F) As provided in division (D)(1)(b) of section 3317.03 of~~	38684
~~the Revised Code, no joint vocational school district shall count~~	38685
~~any adjacent or other district joint vocational student enrolled~~	38686
~~in the district in its formula ADM certified under section 3317.03~~	38687
~~of the Revised Code.~~	38688

~~(G) No city, exempted village, or local school district shall~~	38689
~~receive a payment under division (C) of this section for a~~	38690
~~student, and no joint vocational school district shall receive a~~	38691
~~payment under division (D) of this section for a student, if for~~	38692
~~the same school year that student is counted in the district's~~	38693
~~formula ADM certified under section 3317.03 of the Revised Code.~~	38694

~~(H)~~(D) Upon request of a parent, and provided the board	38695
offers transportation to native students of the same grade level	38696
and distance from school under section 3327.01 of the Revised	38697
Code, a city, exempted village, or local school board enrolling an	38698
adjacent or other district student shall provide transportation	38699
for the student within the boundaries of the board's district,	38700
except that the board shall be required to pick up and drop off a	38701
nonhandicapped student only at a regular school bus stop	38702
designated in accordance with the board's transportation policy.	38703
Pursuant to rules of the state board of education, such board may	38704
reimburse the parent from funds received under ~~division (D) of~~	38705
section ~~3317.022~~3306.12 of the Revised Code for the reasonable	38706
cost of transportation from the student's home to the designated	38707
school bus stop if the student's family has an income below the	38708
federal poverty line.	38709

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	38710
the superintendent of public instruction shall appoint	38711
representatives of the department of education, including	38712
employees who work with the education management information	38713
system and employees of the office of community schools	38714
established by section 3314.11 of the Revised Code, to a committee	38715
to develop report card models for community schools. The director	38716
of the legislative office of education oversight shall also	38717
appoint representatives to the committee. The committee shall	38718
design model report cards appropriate for the various types of	38719
community schools approved to operate in the state. Sufficient	38720
models shall be developed to reflect the variety of grade levels	38721
served and the missions of the state's community schools. All	38722
models shall include both financial and academic data. The initial	38723
models shall be developed by March 31, 2000.	38724

(B) The department of education shall issue an annual report	38725
card for each community school, regardless of how long the school	38726
has been in operation. The report card shall report the academic	38727
and financial performance of the school utilizing one of the	38728
models developed under division (A) of this section. The report	38729
card shall include all information applicable to school buildings	38730
under division (A) of section 3302.03 of the Revised Code ~~and~~	38731
~~section 3302.032 of the Revised Code~~.	38732

(C) Upon receipt of a copy of a contract between a sponsor	38733
and a community school entered into under this chapter, the	38734
department of education shall notify the community school of the	38735
specific model report card that will be used for that school.	38736

(D) Report cards shall be distributed to the parents of all	38737
students in the community school, to the members of the board of	38738
education of the school district in which the community school is	38739
located, and to any person who requests one from the department.	38740

~~(E) No report card shall be issued for any community school~~	38741
~~under this section until the school has been open for instruction~~	38742
~~for two full school years.~~	38743

Sec. 3314.015. (A) The department of education shall be	38744
responsible for the oversight of any and all sponsors of the	38745
community schools established under this chapter and shall provide	38746
technical assistance to schools and sponsors in their compliance	38747
with applicable laws and the terms of the contracts entered into	38748
under section 3314.03 of the Revised Code and in the development	38749
and start-up activities of those schools. In carrying out its	38750
duties under this section, the department shall do all of the	38751
following:	38752

(1) In providing technical assistance to proposing parties,	38753
governing authorities, and sponsors, conduct training sessions and	38754
distribute informational materials;	38755

(2) Approve entities to be sponsors of community schools ~~and~~	38756
~~monitor~~;	38757

(3) Monitor the effectiveness of ~~those~~any and all sponsors	38758
in their oversight of the schools with which they have contracted;	38759

~~(3)~~(4) By December thirty-first of each year, issue a report	38760
to the governor, the speaker of the house of representatives, the	38761
president of the senate, and the chairpersons of the house and	38762
senate committees principally responsible for education matters	38763
regarding the effectiveness of academic programs, operations, and	38764
legal compliance and of the financial condition of all community	38765
schools established under this chapter and on the performance of	38766
community school sponsors;	38767

~~(4)~~(5) From time to time, make legislative recommendations to	38768
the general assembly designed to enhance the operation and	38769
performance of community schools.	38770

(B)(1) NoExcept as provided in sections 3314.021 and	38771
3314.027 of the Revised Code, no entity listed in division (C)(1)	38772
of section 3314.02 of the Revised Code shall enter into a	38773
preliminary agreement under division (C)(2) of section 3314.02 of	38774
the Revised Code until it has received approval from the	38775
department of education to sponsor community schools under this	38776
chapter and has entered into a written agreement with the	38777
department regarding the manner in which the entity will conduct	38778
such sponsorship. The department shall adopt in accordance with	38779
Chapter 119. of the Revised Code rules containing criteria,	38780
procedures, and deadlines for processing applications for such	38781
approval, for oversight of sponsors, for revocation of the	38782
approval of sponsors, and for entering into written agreements	38783
with sponsors. The rules shall require an entity to submit	38784
evidence of the entity's ability and willingness to comply with	38785
the provisions of division (D) of section 3314.03 of the Revised	38786
Code. The rules also shall require entities approved as sponsors	38787
on and after June 30, 2005, to demonstrate a record of financial	38788
responsibility and successful implementation of educational	38789
programs. If an entity seeking approval on or after June 30,	38790
2005, to sponsor community schools in this state sponsors or	38791
operates schools in another state, at least one of the schools	38792
sponsored or operated by the entity must be comparable to or	38793
better than the performance of Ohio schools in need of	38794
continuous improvement under section 3302.03 of the Revised	38795
Code, as determined by the department.	38796

(2) An entity that sponsors community schools may enter into	38797
preliminary agreements and sponsor schools as follows, provided	38798
each school and the contract for sponsorship meets the	38799
requirements of this chapter:	38800

(a) An entity that sponsored fifty or fewer schools that were	38801
open for operation as of May 1, 2005, may sponsor not more than	38802
fifty schools.	38803

(b) An entity that sponsored more than fifty but not more	38804
than seventy-five schools that were open for operation as of May	38805
1, 2005, may sponsor not more than the number of schools the	38806
entity sponsored that were open for operation as of May 1, 2005.	38807

(c) Until June 30, 2006, an entity that sponsored more than	38808
seventy-five schools that were open for operation as of May 1,	38809
2005, may sponsor not more than the number of schools the entity	38810
sponsored that were open for operation as of May 1, 2005. After	38811
June 30, 2006, such an entity may sponsor not more than	38812
seventy-five schools.	38813

~~Upon approval of an entity to be a sponsor under this~~	38814
~~division, the~~The department shall notify ~~the~~each entity of the	38815
number of schools the entity may sponsor.	38816

Notwithstanding the limits imposed by division (B)(2) of this	38817
section, no entity shall initially enter into a contract with a	38818
school under section 3314.03 of the Revised Code if more than	38819
thirty-three per cent of the schools currently sponsored by the	38820
entity have a performance rating of academic watch or academic	38821
emergency under section 3302.03 of the Revised Code.	38822

The limit imposed on an entity ~~to which~~by division (B)~~(1)~~(2)	38823
of this section ~~applies~~ shall be decreased by one for each school	38824
sponsored by the entity that permanently closes.	38825

If at any time an entity exceeds the number of schools it may	38826
sponsor under this division, the department shall assist the	38827
schools in excess of the entity's limit in securing new sponsors.	38828
If a school is unable to secure a new sponsor, the department	38829
shall assume sponsorship of the school in accordance with division	38830
(C) of this section. Those schools for which another sponsor or	38831
the department assumes sponsorship shall be the schools that most	38832
recently entered into contracts with the entity under section	38833
3314.03 of the Revised Code.	38834

~~(2)~~(3) The department of education shall determine, pursuant	38835
to criteria adopted by rule of the department, whether the mission	38836
proposed to be specified in the contract of a community school to	38837
be sponsored by a state university board of trustees or the	38838
board's designee under division (C)(1)(e) of section 3314.02 of	38839
the Revised Code complies with the requirements of that division.	38840
Such determination of the department is final.	38841

~~(3)~~(4) The department of education shall determine, pursuant	38842
to criteria adopted by rule of the department, if any tax-exempt	38843
entity under section 501(c)(3) of the Internal Revenue Code that	38844
is proposed to be a sponsor of a community school is an	38845
education-oriented entity for purpose of satisfying the condition	38846
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	38847
Revised Code. Such determination of the department is final.	38848

(C) If at any time the state board of education finds that a	38849
sponsor is not in compliance or is no longer willing to comply	38850
with its contract with any community school or with the	38851
department's rules for sponsorship, the state board or designee	38852
shall conduct a hearing in accordance with Chapter 119. of the	38853
Revised Code on that matter. If after the hearing, the state board	38854
or designee has confirmed the original finding, the department of	38855
education may revoke the sponsor's ~~approval~~authority to sponsor	38856
community schools and may assume the sponsorship of any schools	38857
with which the sponsor has contracted until the earlier of the	38858
expiration of two school years or until a new sponsor as	38859
described in division (C)(1) of section 3314.02 of the Revised	38860
Code is secured by the school's governing authority. The	38861
department may extend the term of the contract in the case of a	38862
school for which it has assumed sponsorship under this division	38863
as necessary to accommodate the term of the department's	38864
authorization to sponsor the school specified in this division.	38865

(D)(1) The department may declare any sponsor, including any	38866
sponsor that is exempt pursuant to section 3314.021 or 3314.027 of	38867
the Revised Code from obtaining the department's initial approval	38868
to sponsor, to be in a probationary status if at any time the	38869
sponsor has failed to take any of the following actions, which	38870
actions the department determines are warranted:	38871

(a) Take steps to intervene in a school's operation to	38872
correct problems in the school's performance, including the	38873
monitoring and enforcement of the implementation of a school's	38874
corrective action plan required by the department;	38875

(b) Declare a school to be in a probationary status pursuant	38876
to section 3314.073 of the Revised Code;	38877

(c) Suspend the operation of a school pursuant to section	38878
3314.072 of the Revised Code;	38879

(d) Terminate a school's contract pursuant to section 3314.07	38880
of the Revised Code.	38881

(2) If the department declares a sponsor to be in a	38882
probationary status, the department shall send a written	38883
notification stating the department's declaration, the length of	38884
the probationary status, the reasons for the declaration, and a	38885
requirement that the sponsor submit to the department an offer of	38886
reasonable remedies within ten business days after the date of the	38887
department's notice to the sponsor. If the department finds the	38888
remedies offered by the sponsor satisfactory, the sponsor shall	38889
take the actions necessary to implement them. The department shall	38890
monitor the sponsor's actions to implement the remedies.	38891

(3) If the department finds that the remedies offered by the	38892
sponsor under division (D)(2) of this section are not	38893
satisfactory, or if the department finds that the sponsor is not	38894
taking the actions necessary to implement those remedies, the	38895
department may suspend the sponsor's authority to sponsor schools	38896
or may partially restrict the sponsor's authority to sponsor	38897
schools by limiting the geographic territory within which the	38898
sponsor may sponsor schools, reducing the number of schools the	38899
sponsor may sponsor, or restricting the types of schools the	38900
sponsor may sponsor. The department also may require the sponsor	38901
to submit additional reports above and beyond those otherwise	38902
required by law.	38903

(4) If the department suspends or restricts a sponsor's	38904
authority to sponsor schools under division (D)(3) of this	38905
section, the department shall assign another sponsor that is	38906
approved by the department and that agrees to do so to sponsor any	38907
school affected by the suspension or restriction until the	38908
department rescinds the suspension or restriction, another	38909
permanent sponsor is secured, or the school's contract under	38910
section 3314.03 of the Revised Code expires, whichever occurs	38911
first.	38912

(E) The decision of the department to disapprove an entity	38913
for sponsorship of a community school or, to revoke ~~approval~~	38914
authority for such sponsorship~~, as provided in~~under division (C)	38915
of this section, or to suspend or restrict an entity's authority	38916
to sponsor schools under division (D) of this section, may be	38917
appealed by the entity in accordance with section 119.12 of the	38918
Revised Code.	38919

~~(E)~~(F) The department shall adopt procedures for use by a	38920
community school governing authority and sponsor when the school	38921
permanently closes and ceases operation, which shall include at	38922
least procedures for data reporting to the department, handling of	38923
student records, distribution of assets in accordance with section	38924
3314.074 of the Revised Code, and other matters related to ceasing	38925
operation of the school.	38926

~~(F)~~(G) In carrying out its duties under this chapter, the	38927
department shall not impose requirements on community schools or	38928
their sponsors that are not permitted by law or duly adopted	38929
rules.	38930

Sec. 3314.016. (A) After June 30, 2007, a new start-up	38931
school may be established under this chapter only if the school's	38932
governing authority enters into a contract with an operator that	38933
manages other schools in the United States that perform at a level	38934
higher than academic watch. The governing authority of the	38935
community school may sign a contract with an operator only if the	38936
operator has fewer contracts with the governing authorities of new	38937
start-up schools established under this chapter after June 30,	38938
2007, than the number of schools managed by the operator in the	38939
United States that perform at a level higher than academic watch,	38940
as determined by the department of education. However, the	38941
governing authority shall not contract with an operator that	38942
currently manages any community schools in Ohio for which the	38943
department issues annual report cards under section 3314.012 of	38944
the Revised Code, unless the latest report card issued for at	38945
least one of those schools designates a performance rating under	38946
section 3302.03 of the Revised Code of in need of continuous	38947
improvement or higher.	38948

(B) Notwithstanding division (A) of this section, the	38949
governing authority of a start-up school sponsored by an entity	38950
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	38951
Revised Code may establish one additional school serving the same	38952
grade levels and providing the same educational program as the	38953
current start-up school and may open that additional school in the	38954
2007-2008 school year, if both of the following conditions are	38955
met:	38956

(1) The governing authority entered into another contract	38957
with the same sponsor or a different sponsor described in	38958
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	38959
and filed a copy of that contract with the superintendent of	38960
public instruction prior to March 15, 2006.	38961

(2) The governing authority's current school satisfies all of	38962
the following conditions:	38963

(a) The school currently is rated as excellent or effective	38964
pursuant to section 3302.03 of the Revised Code.	38965

(b) The school made adequate yearly progress, as defined in	38966
section 3302.01 of the Revised Code, for the previous school year.	38967

(c) The school has been in operation for at least four school	38968
years.	38969

(d) The school is not managed by an operator.

38970

(C) Notwithstanding division (A) of this section, the	38971
governing authority of a start-up school sponsored by the big	38972
eight school district in which the school is located may establish	38973
one additional start-up school that is located in the same school	38974
district and that provides a general educational program to	38975
students in any or all of grades kindergarten through five to	38976
facilitate their transition to the current start-up school, and	38977
may open the additional start-up school in the 2009-2010 school	38978
year, if both of the following conditions are met:	38979

(1) The governing authority enters into another contract with	38980
the same sponsor and files a copy of the contract with the	38981
superintendent of public instruction prior to March 15, 2009.	38982

(2) The governing authority's current school satisfies all of	38983
the following conditions:	38984

(a) The school provided instruction to students for eleven	38985
months in the previous school year.	38986

(b) The school has been in operation for at least two school	38987
years.	38988

(c) The school qualified to be rated in need of continuous	38989
improvement or higher pursuant to section 3302.03 of the Revised	38990
Code for its first school year of operation, even though the	38991
department of education did not issue a report card for the	38992
school for that school year.	38993

Sec. 3314.02. (A) As used in this chapter:

38994

(1) "Sponsor" means an entity listed in division (C)(1) of	38995
this section, which has been approved by the department of	38996
education to sponsor community schools and with which the	38997
governing authority of the proposed community school enters into a	38998
contract pursuant to this section.	38999

(2) "Pilot project area" means the school districts included	39000
in the territory of the former community school pilot project	39001
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	39002
the 122nd general assembly.	39003

(3) "Challenged school district" means any of the following:

39004

(a) A school district that is part of the pilot project area;

39005

(b) A school district that is either in a state of academic	39006
emergency or in a state of academic watch under section 3302.03 of	39007
the Revised Code;	39008

39009

(4) "Big eight school district" means a school district that	39010
for fiscal year 1997 had both of the following:	39011

(a) A percentage of children residing in the district and	39012
participating in the predecessor of Ohio works first greater than	39013
thirty per cent, as reported pursuant to former section 3317.10 of	39014
the Revised Code;	39015

(b) An average daily membership greater than twelve thousand,	39016
as reported pursuant to former division (A) of section 3317.03 of	39017
the Revised Code.	39018

(5) "New start-up school" means a community school other than	39019
one created by converting all or part of an existing public school	39020
or educational service center building, as designated in the	39021
school's contract pursuant to division (A)(17) of section 3314.03	39022
of the Revised Code.	39023

(6) "Urban school district" means one of the state's	39024
twenty-one urban school districts as defined in division (O) of	39025
section 3317.02 of the Revised Code as that section existed prior	39026
to July 1, 1998.	39027

(7) "Internet- or computer-based community school" means a	39028
community school established under this chapter in which the	39029
enrolled students work primarily from their residences on	39030
assignments in nonclassroom-based learning opportunities provided	39031
via an internet- or other computer-based instructional method that	39032
does not rely on regular classroom instruction or via	39033
comprehensive instructional methods that include internet-based,	39034
other computer-based, and noncomputer-based learning	39035
opportunities.	39036

(B) Any person or group of individuals may initially propose	39037
under this division the conversion of all or a portion of a public	39038
school or a building operated by an educational service center to	39039
a community school. The proposal shall be made to the board of	39040
education of the city, local, or exempted village school district	39041
in which the public school is proposed to be converted or, in the	39042
case of the conversion of a building operated by an educational	39043
service center, to the governing board of the service center. Upon	39044
receipt of a proposal, a board may enter into a preliminary	39045
agreement with the person or group proposing the conversion of the	39046
public school or service center building, indicating the intention	39047
of the board to support the conversion to a community school. A	39048
proposing person or group that has a preliminary agreement under	39049
this division may proceed to finalize plans for the school,	39050
establish a governing authority for the school, and negotiate a	39051
contract with the board. Provided the proposing person or group	39052
adheres to the preliminary agreement and all provisions of this	39053
chapter, the board shall negotiate in good faith to enter into a	39054
contract in accordance with section 3314.03 of the Revised Code	39055
and division (C) of this section.	39056

(C)(1) Any person or group of individuals may propose under	39057
this division the establishment of a new start-up school to be	39058
located in a challenged school district. The proposal may be made	39059
to any of the following entities:	39060

(a) The board of education of the district in which the	39061
school is proposed to be located;	39062

(b) The board of education of any joint vocational school	39063
district with territory in the county in which is located the	39064
majority of the territory of the district in which the school is	39065
proposed to be located;	39066

(c) The board of education of any other city, local, or	39067
exempted village school district having territory in the same	39068
county where the district in which the school is proposed to be	39069
located has the major portion of its territory;	39070

(d) The governing board of any educational service center, as	39071
long as the proposed school will be located in a county within the	39072
territory of the service center or in a county contiguous to such	39073
county;	39074

(e) A sponsoring authority designated by the board of	39075
trustees of any of the thirteen state universities listed in	39076
section 3345.011 of the Revised Code or the board of trustees	39077
itself as long as a mission of the proposed school to be specified	39078
in the contract under division (A)(2) of section 3314.03 of the	39079
Revised Code and as approved by the department of education under	39080
division (B)~~(2)~~(3) of section 3314.015 of the Revised Code will be	39081
the practical demonstration of teaching methods, educational	39082
technology, or other teaching practices that are included in the	39083
curriculum of the university's teacher preparation program	39084
approved by the state board of education;	39085

(f) Any qualified tax-exempt entity under section 501(c)(3)	39086
of the Internal Revenue Code as long as all of the following	39087
conditions are satisfied:	39088

(i) The entity has been in operation for at least five years	39089
prior to applying to be a community school sponsor.	39090

(ii) The entity has assets of at least five hundred thousand	39091
dollars and a demonstrated record of financial responsibility.	39092

(iii) The department of education has determined that the	39093
entity is an education-oriented entity under division (B)~~(3)~~(4) of	39094
section 3314.015 of the Revised Code and the entity has a	39095
demonstrated record of successful implementation of educational	39096
programs.	39097

(iv) The entity is not a community school.

39098

Any entity described in division (C)(1) of this section may	39099
enter into a preliminary agreement pursuant to division (C)(2) of	39100
this section with the proposing person or group.	39101

(2) A preliminary agreement indicates the intention of an	39102
entity described in division (C)(1) of this section to sponsor the	39103
community school. A proposing person or group that has such a	39104
preliminary agreement may proceed to finalize plans for the	39105
school, establish a governing authority as described in division	39106
(E) of this section for the school, and negotiate a contract with	39107
the entity. Provided the proposing person or group adheres to the	39108
preliminary agreement and all provisions of this chapter, the	39109
entity shall negotiate in good faith to enter into a contract in	39110
accordance with section 3314.03 of the Revised Code.	39111

(3) A new start-up school that is established in a school	39112
district while that district is either in a state of academic	39113
emergency or in a state of academic watch under section 3302.03 of	39114
the Revised Code may continue in existence once the school	39115
district is no longer in a state of academic emergency or academic	39116
watch, provided there is a valid contract between the school and a	39117
sponsor.	39118

(4) A copy of every preliminary agreement entered into under	39119
this division shall be filed with the superintendent of public	39120
instruction.	39121

(D) A majority vote of the board of a sponsoring entity and a	39122
majority vote of the members of the governing authority of a	39123
community school shall be required to adopt a contract and convert	39124
the public school or educational service center building to a	39125
community school or establish the new start-up school. Beginning	39126
September 29, 2005, adoption of the contract shall occur not	39127
later than the fifteenth day of March, and signing of the	39128
contract shall occur not later than the fifteenth day of May,	39129
prior to the school year in which the school will open. The	39130
governing authority shall notify the department of education when	39131
the contract has been signed. Subject to sections 3314.013,	39132
3314.014, 3314.016, and 3314.017 of the Revised Code, an	39133
unlimited number of community schools may be established in any	39134
school district provided that a contract is entered into for each	39135
community school pursuant to this chapter.	39136

(E)(1) As used in this division, "immediate relatives" are	39137
limited to spouses, children, parents, grandparents, siblings, and	39138
in-laws.	39139

Each new start-up community school established under this	39140
chapter shall be under the direction of a governing authority	39141
which shall consist of a board of not less than five individuals.	39142

No person shall serve on the governing authority or operate	39143
the community school under contract with the governing authority	39144
so long as the person owes the state any money or is in a dispute	39145
over whether the person owes the state any money concerning the	39146
operation of a community school that has closed.	39147

(2) No person shall serve on the governing authorities of	39148
more than two start-up community schools at the same time.	39149

(3) No present or former member, or immediate relative of a	39150
present or former member, of the governing authority of any	39151
community school established under this chapter shall be an owner,	39152
employee, or consultant of any nonprofit or for-profit operator of	39153
a community school, unless at least one year has elapsed since the	39154
conclusion of the person's membership.	39155

(F)(1) A new start-up school that is established prior to	39156
August 15, 2003, in an urban school district that is not also a	39157
big-eight school district may continue to operate after that date	39158
and the contract between the school's governing authority and the	39159
school's sponsor may be renewed, as provided under this chapter,	39160
after that date, but no additional new start-up schools may be	39161
established in such a district unless the district is a challenged	39162
school district as defined in this section as it exists on and	39163
after that date.	39164

(2) A community school that was established prior to June	39165
29, 1999, and is located in a county contiguous to the pilot	39166
project area and in a school district that is not a challenged	39167
school district may continue to operate after that date, provided	39168
the school complies with all provisions of this chapter. The	39169
contract between the school's governing authority and the	39170
school's sponsor may be renewed, but no additional start-up	39171
community school may be established in that district unless the	39172
district is a challenged school district.	39173

(3) Any educational service center that, on June 30, 2007,	39174
sponsors a community school that is not located in a county	39175
within the territory of the service center or in a county	39176
contiguous to such county may continue to sponsor that community	39177
school on and after June 30, 2007, and may renew its contract	39178
with the school. However, the educational service center shall	39179
not enter into a contract with any additional community school	39180
unless the school is located in a county within the territory of	39181
the service center or in a county contiguous to such county.	39182

Sec. 3314.021. (A) This section applies to any entity that is	39183
exempt from taxation under section 501(c)(3) of the Internal	39184
Revenue Code and that satisfies the conditions specified in	39185
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	39186
Revised Code but does not satisfy the condition specified in	39187
division (C)(1)(f)(i) of that section.	39188

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	39189
of the Revised Code, an entity described in division (A) of this	39190
section may do both of the following without obtaining the	39191
department of education's initial approval of its sponsorship	39192
under ~~division~~divisions (A)(2) and (B)(1) of section 3314.015 of	39193
the Revised Code:	39194

(1) Succeed the board of trustees of a state university	39195
located in the pilot project area or that board's designee as the	39196
sponsor of a community school established under this chapter;	39197

(2) Continue to sponsor that school in conformance with the	39198
terms of the contract between the board of trustees or its	39199
designee and the governing authority of the community school and	39200
renew that contract as provided in division (E) of section 3314.03	39201
of the Revised Code.	39202

(C) The entity that succeeds the board of trustees or the	39203
board's designee as sponsor of a community school under division	39204
(B) of this section also may enter into contracts to sponsor	39205
other community schools located in any challenged school district,	39206
without obtaining the department's initial approval of its	39207
sponsorship of those schools under ~~division~~divisions (A)(2) and	39208
(B)(1) of section 3314.015 of the Revised Code, and not subject to	39209
the restriction of division (A)(7) of section 3314.013 of the	39210
Revised Code, as long as the contracts conform with and the entity	39211
complies with all other requirements of this chapter.	39212

(D) Regardless of the entity's authority to sponsor community	39213
schools without the initial approval of the department, the entity	39214
is under the continuing oversight of the department in accordance	39215
with rules adopted under section 3314.015 of the Revised Code. The	39216
department, in accordance with divisions (C), (D), and (E) of	39217
section 3314.015 of the Revised Code, may revoke, suspend, or	39218
restrict the entity's authority to sponsor any school, or may	39219
declare the sponsor to be in a probationary status, in the same	39220
manner as if that authority were initially subject to approval of	39221
the department under that section.	39222

Sec. 3314.024. ~~A management company~~(A) No governing	39223
authority of a community school shall enter into a new contract,	39224
or renew an existing contract, with an operator, unless the	39225
contract was selected through a competitive bidding process	39226
established by the department of education.	39227

(B) An operator that provides services to a community school	39228
that amounts to more than twenty per cent of the annual gross	39229
revenues of the school shall provide a detailed accounting	39230
including the nature and costs of the services it provides to the	39231
community school. This information shall be included in the	39232
footnotes of the financial statements of the school and be subject	39233
to audit during the course of the regular financial audit of the	39234
community school.	39235

~~Sec. 6.~~ Sec. 3314.027. ~~The State Board of Education shall continue~~	39236
~~to sponsor any community school for which it has entered into a~~	39237
~~contract at the time of the effective date of this section until~~	39238
~~the earlier of the expiration of two school years or until a new~~	39239
~~sponsor, as described in division (C)(1) of section 3314.02 of the~~	39240
~~Revised Code, as amended by this act, is secured by the school's~~	39241
~~governing authority. The State Board shall not thereafter sponsor~~	39242
~~any community school except as provided in division (C) of section~~	39243
~~3314.015 of the Revised Code. The State Board may extend the term~~	39244
~~of any existing contract with a community school governing~~	39245
~~authority only as necessary to accommodate the term of the Board's~~	39246
~~authorization to sponsor the school as specified in this section.~~	39247

Notwithstanding the requirement for initial approval of	39248
sponsorship by the ~~Department~~department of ~~Education~~education	39249
prescribed in ~~division~~divisions (A)(2) and (B)(1) of section	39250
3314.015 of the Revised Code~~, as enacted by this act,~~ and any	39251
geographical restriction or mission requirement prescribed in	39252
division (C)(1) of section 3314.02 of the Revised Code~~, as amended~~	39253
~~by this act~~, an entity ~~other than the State Board of Education~~	39254
that has entered into a contract to sponsor a community school on	39255
~~the effective date of this section~~April 8, 2003, may continue to	39256
sponsor the school in conformance with the terms of that contract	39257
as long as the entity complies with all other sponsorship	39258
provisions of ~~Chapter 3314. of the Revised Code as amended by this~~	39259
~~act~~this chapter. Such an entity also may enter into new contracts	39260
to sponsor community schools after ~~the effective date of this~~	39261
~~section~~April 8, 2003, and need not be approved by the ~~Department~~	39262
~~of Education~~department for such sponsorship, as otherwise	39263
required under ~~division~~divisions (A)(2) and (B)(1) of section	39264
3314.015 of the Revised Code~~, as enacted by this act~~, as long as	39265
the contracts conform to and the entity complies with all other	39266
provisions of ~~Chapter 3314. of the Revised Code as amended by this~~	39267
~~act~~this chapter.	39268

Regardless of the entity's authority to sponsor community	39269
schools without the initial approval of the department, each	39270
entity described in this section is under the continuing oversight	39271
of the department in accordance with rules adopted under section	39272
3314.015 of the Revised Code. The department, in accordance with	39273
divisions (C), (D), and (E) of section 3314.015 of the Revised	39274
Code, may revoke, suspend, or restrict the entity's authority to	39275
sponsor any school, or may declare the entity to be in a	39276
probationary status, in the same manner as if that authority were	39277
initially subject to approval of the department under that	39278
section.	39279

Sec. 3314.03. A copy of every contract entered into under	39280
this section shall be filed with the superintendent of public	39281
instruction.	39282

(A) Each contract entered into between a sponsor and the	39283
governing authority of a community school shall specify the	39284
following:	39285

(1) That the school shall be established as either of the	39286
following:	39287

(a) A nonprofit corporation established under Chapter 1702.	39288
of the Revised Code, if established prior to April 8, 2003;	39289

(b) A public benefit corporation established under Chapter	39290
1702. of the Revised Code, if established after April 8, 2003;	39291

(2) The education program of the school, including the	39292
school's mission, the characteristics of the students the school	39293
is expected to attract, the ages and grades of students, and the	39294
focus of the curriculum;	39295

(3) The academic goals to be achieved and the method of	39296
measurement that will be used to determine progress toward those	39297
goals, which shall include the statewide achievement ~~tests~~	39298
assessments;	39299

(4) Performance standards by which the success of the school	39300
will be evaluated by the sponsor;	39301

(5) The admission standards of section 3314.06 of the Revised	39302
Code and, if applicable, section 3314.061 of the Revised Code;	39303

(6)(a) Dismissal procedures;

39304

(b) A requirement that the governing authority adopt an	39305
attendance policy that includes a procedure for automatically	39306
withdrawing a student from the school if the student without a	39307
legitimate excuse fails to participate in one hundred five	39308
consecutive hours of the learning opportunities offered to the	39309
student.	39310

(7) The ways by which the school will achieve racial and	39311
ethnic balance reflective of the community it serves;	39312

(8) Requirements for financial audits by the auditor of	39313
state. The contract shall require the governing authority of the	39314
school, and any operator with which the governing authority	39315
contracts, to comply with the financial reporting standards	39316
adopted by the state board of education under division (B)(2) of	39317
section 3301.07 of the Revised Code, and that financial records of	39318
the school to be maintained in the same manner as are financial	39319
records of school districts, pursuant to rules of the auditor of	39320
state~~, and the audits~~. Audits shall be conducted in accordance	39321
with section 117.10 of the Revised Code.	39322

(9) The facilities to be used and their locations;

39323

(10) Qualifications of teachers, ~~including a requirement that~~	39324
~~the school's classroom teachers be licensed in accordance with~~	39325
~~sections 3319.22 to 3319.31 of the Revised Code, except that a~~	39326
~~community school may engage noncertificated persons to teach up to~~	39327
~~twelve hours per week pursuant to section 3319.301~~in compliance	39328
with section 3314.102 of the Revised Code;	39329

(11) That the school will comply with the following	39330
requirements:	39331

(a) The school will provide learning opportunities to a	39332
minimum of twenty-five students for ~~a minimum of nine hundred~~	39333
~~twenty~~at least the applicable number of hours per school year	39334
prescribed by section 3314.031 of the Revised Code.	39335

(b) The governing authority will purchase liability	39336
insurance, or otherwise provide for the potential liability of the	39337
school.	39338

(c) The school will be nonsectarian in its programs,	39339
admission policies, employment practices, and all other	39340
operations, and will not be operated by a sectarian school or	39341
religious institution.	39342

(d) The school will comply with division (A)(9) of section	39343
3313.60 of the Revised Code and sections 9.90, 9.91, 109.65,	39344
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	39345
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.605,	39346
3313.607, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.643,	39347
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,	39348
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	39349
3313.716, 3313.718, 3313.80, 3313.82, 3313.821, 3313.96, 3319.073,	39350
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	39351
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	39352
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	39353
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if	39354
it were a school district and will comply with section 3301.0714	39355
of the Revised Code in the manner specified in section 3314.17	39356
of the Revised Code.	39357

(e) The school shall comply with Chapter 102. and section	39358
2921.42 of the Revised Code.	39359

(f) The school will comply with sections 3313.61, 3313.611,	39360
and 3313.614 of the Revised Code, except that for students who	39361
enter ninth grade for the first time before July 1, 2010, the	39362
requirement in sections 3313.61 and 3313.611 of the Revised Code	39363
that a person must successfully complete the curriculum in any	39364
high school prior to receiving a high school diploma may be met by	39365
completing the curriculum adopted by the governing authority of	39366
the community school rather than the curriculum specified in Title	39367
XXXIII of the Revised Code or any rules of the state board of	39368
education. Beginning with students who enter ninth grade for the	39369
first time on or after July 1, 2010, the requirement in sections	39370
3313.61 and 3313.611 of the Revised Code that a person must	39371
successfully complete the curriculum of a high school prior to	39372
receiving a high school diploma shall be met by completing the	39373
Ohio core curriculum prescribed in division (C) of section	39374
3313.603 of the Revised Code, unless the person qualifies under	39375
division (D) or (F) of that section. Each school shall comply with	39376
the plan for awarding high school credit based on demonstration of	39377
subject area competency, adopted by the state board of education	39378
under division (J) of section 3313.603 of the Revised Code.	39379

(g) The school governing authority will submit within four	39380
months after the end of each school year a report of its	39381
activities and progress in meeting the goals and standards of	39382
divisions (A)(3) and (4) of this section and its financial status	39383
to the sponsor ~~and~~, the parents of all students enrolled in the	39384
school, and the legislative office of education oversight. The	39385
school shall collect and provide any data that the legislative	39386
office of education oversight requests in furtherance of any	39387
study or research that the general assembly requires the office	39388
to conduct.	39389

(h) The school, unless it is an internet- or computer-based	39390
community school, will comply with section 3313.801 of the Revised	39391
Code as if it were a school district.	39392

(12) Arrangements for providing health and other benefits to	39393
employees;	39394

(13) The length of the contract, which shall begin at the	39395
beginning of an academic year. No contract shall exceed five years	39396
unless such contract has been renewed pursuant to division (E) of	39397
this section.	39398

(14) The governing authority of the school, which shall be	39399
responsible for carrying out the provisions of the contract;	39400

(15) A financial plan detailing an estimated school budget	39401
for each year of the period of the contract and specifying the	39402
total estimated per pupil expenditure amount for each such year.	39403
~~The plan shall specify for each year the base formula amount that~~	39404
~~will be used for purposes of funding calculations under section~~	39405
~~3314.08 of the Revised Code. This base formula amount for any year~~	39406
~~shall not exceed the formula amount defined under section 3317.02~~	39407
~~of the Revised Code. The plan may also specify for any year a~~	39408
~~percentage figure to be used for reducing the per pupil amount of~~	39409
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	39410
~~Code the school is to receive that year under section 3314.08 of~~	39411
~~the Revised Code.~~	39412

(16) Requirements and procedures regarding the disposition of	39413
employees of the school in the event the contract is terminated or	39414
not renewed pursuant to section 3314.07 of the Revised Code;	39415

(17) Whether the school is to be created by converting all or	39416
part of an existing public school or educational service center	39417
building or is to be a new start-up school, and if it is a	39418
converted public school or service center building, specification	39419
of any duties or responsibilities of an employer that the board of	39420
education or service center governing board that operated the	39421
school or building before conversion is delegating to the	39422
governing authority of the community school with respect to all	39423
or any specified group of employees provided the delegation is	39424
not prohibited by a collective bargaining agreement applicable to	39425
such employees;	39426

(18) Provisions establishing procedures for resolving	39427
disputes or differences of opinion between the sponsor and the	39428
governing authority of the community school;	39429

(19) A provision requiring the governing authority to adopt a	39430
policy regarding the admission of students who reside outside the	39431
district in which the school is located. That policy shall comply	39432
with the admissions procedures specified in sections 3314.06 and	39433
3314.061 of the Revised Code and, at the sole discretion of the	39434
authority, shall do one of the following:	39435

(a) Prohibit the enrollment of students who reside outside	39436
the district in which the school is located;	39437

(b) Permit the enrollment of students who reside in districts	39438
adjacent to the district in which the school is located;	39439

(c) Permit the enrollment of students who reside in any other	39440
district in the state.	39441

(20) A provision recognizing the authority of the department	39442
of education to take over the sponsorship of the school in	39443
accordance with the provisions of division (C) of section 3314.015	39444
of the Revised Code;	39445

(21) A provision recognizing the sponsor's authority to	39446
assume the operation of a school under the conditions specified in	39447
division (B) of section 3314.073 of the Revised Code;	39448

(22) A provision recognizing both of the following:

39449

(a) The authority of public health and safety officials to	39450
inspect the facilities of the school and to order the facilities	39451
closed if those officials find that the facilities are not in	39452
compliance with health and safety laws and regulations;	39453

(b) The authority of the department of education as the	39454
community school oversight body to suspend the operation of the	39455
school under section 3314.072 of the Revised Code if the	39456
department has evidence of conditions or violations of law at the	39457
school that pose an imminent danger to the health and safety of	39458
the school's students and employees and the sponsor refuses to	39459
take such action;	39460

(23) A description of the learning opportunities that will be	39461
offered to students including both classroom-based and	39462
non-classroom-based learning opportunities that is in compliance	39463
with criteria for student participation established by the	39464
department under division ~~(L)~~(J)(2) of section 3314.08 of the	39465
Revised Code;	39466

(24) The school will comply with sections 3302.04 and	39467
3302.041 of the Revised Code, except that any action required to	39468
be taken by a school district pursuant to those sections shall	39469
be taken by the sponsor of the school. However, the sponsor	39470
shall not be required to take any action described in division	39471
(F) of section 3302.04 of the Revised Code.	39472

(25) Beginning in the 2006-2007 school year, the school will	39473
open for operation not later than the thirtieth day of September	39474
each school year~~, unless the mission of the school as specified~~	39475
~~under division (A)(2) of this section is solely to serve dropouts~~.	39476
In its initial year of operation, if the school fails to open by	39477
the thirtieth day of September, ~~or within one year after the~~	39478
~~adoption of the contract pursuant to division (D) of section~~	39479
~~3314.02 of the Revised Code if the mission of the school is solely~~	39480
~~to serve dropouts,~~ the contract shall be void.	39481

(B) The community school shall also submit to the sponsor a	39482
comprehensive plan for the school. The plan shall specify the	39483
following:	39484

(1) The process by which the governing authority of the	39485
school will be selected in the future;	39486

(2) The management and administration of the school;

39487

(3) If the community school is a currently existing public	39488
school or educational service center building, alternative	39489
arrangements for current public school students who choose not to	39490
attend the converted school and for teachers who choose not to	39491
teach in the school or building after conversion;	39492

(4) The instructional program and educational philosophy of	39493
the school;	39494

(5) Internal financial controls.

39495

(C) A contract entered into under section 3314.02 of the	39496
Revised Code between a sponsor and the governing authority of a	39497
community school may provide for the community school governing	39498
authority to make payments to the sponsor, which is hereby	39499
authorized to receive such payments as set forth in the contract	39500
between the governing authority and the sponsor. The total amount	39501
of such payments for oversight and monitoring of the school shall	39502
not exceed three per cent of the total amount of payments for	39503
operating expenses that the school receives from the state.	39504

(D) The contract shall specify the duties of the sponsor	39505
which shall be in accordance with the written agreement entered	39506
into with the department of education under division (B) of	39507
section 3314.015 of the Revised Code and shall include the	39508
following:	39509

(1) Monitor the community school's compliance with all laws	39510
applicable to the school and with the terms of the contract;	39511

(2) Monitor and evaluate the academic and fiscal performance	39512
and the organization and operation of the community school on at	39513
least an annual basis;	39514

(3) Report on an annual basis the results of the evaluation	39515
conducted under division (D)(2) of this section to the department	39516
of education and to the parents of students enrolled in the	39517
community school;	39518

(4) Provide technical assistance to the community school in	39519
complying with laws applicable to the school and terms of the	39520
contract;	39521

(5) Take steps to intervene in the school's operation to	39522
correct problems in the school's overall performance, declare the	39523
school to be on probationary status pursuant to section 3314.073	39524
of the Revised Code, suspend the operation of the school pursuant	39525
to section 3314.072 of the Revised Code, or terminate the contract	39526
of the school pursuant to section 3314.07 of the Revised Code as	39527
determined necessary by the sponsor;	39528

(6) Have in place a plan of action to be undertaken in the	39529
event the community school experiences financial difficulties or	39530
closes prior to the end of a school year.	39531

(E) Upon the expiration of a contract entered into under this	39532
section, the sponsor of a community school may, with the approval	39533
of the governing authority of the school, renew that contract for	39534
a period of time determined by the sponsor, but not ending earlier	39535
than the end of any school year, if the sponsor finds that the	39536
school's compliance with applicable laws and terms of the contract	39537
and the school's progress in meeting the academic goals prescribed	39538
in the contract have been satisfactory. Any contract that is	39539
renewed under this division remains subject to the provisions of	39540
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	39541

(F) If a community school fails to open for operation within	39542
one year after the contract entered into under this section is	39543
adopted pursuant to division (D) of section 3314.02 of the Revised	39544
Code or permanently closes prior to the expiration of the	39545
contract, the contract shall be void and the school shall not	39546
enter into a contract with any other sponsor. A school shall not	39547
be considered permanently closed because the operations of the	39548
school have been suspended pursuant to section 3314.072 of the	39549
Revised Code. Any contract that becomes void under this division	39550
shall not count toward any statewide limit on the number of such	39551
contracts prescribed by section 3314.013 of the Revised Code.	39552

Sec. 3314.031. Each community school established under this	39553
chapter shall provide at least the following number of hours of	39554
learning opportunities to each student enrolled in the school for	39555
a full school year:	39556

(A) For each school year prior to the school year that begins	39557
on July 1, 2011, nine hundred twenty hours;	39558

(B) In each of the school years beginning on July 1, 2011,	39559
and July 1, 2012, respectively, nine hundred thirty hours;	39560

(C) In each of the school years beginning on July 1, 2013,	39561
and July 1, 2014, respectively, nine hundred fifty hours;	39562

(D) In each of the school years beginning on July 1, 2015,	39563
and July 1, 2016, respectively, nine hundred seventy hours;	39564

(E) In the school year that begins on July 1, 2017, and in	39565
each school year thereafter, nine hundred ninety hours.	39566

Sec. 3314.051. (A) When the governing authority of a	39567
community school that acquired real property from a school	39568
district pursuant to division (G)(2) of section 3313.41 of the	39569
Revised Code, as it existed prior to the effective date of this	39570
amendment, decides to dispose of that property, it first shall	39571
offer that property for sale to the school district board of	39572
education from which it acquired the property, at a price that is	39573
not higher than the appraised fair market value of that property.	39574
If the district board does not accept the offer within sixty days	39575
after the offer is made, the community school may dispose of the	39576
property in another lawful manner.	39577

(B) When a community school that acquired real property from	39578
a school district pursuant to division (G)(2) of section 3313.41	39579
of the Revised Code, as it existed prior to the effective date of	39580
this amendment, permanently closes, in distributing the school's	39581
assets under section 3314.074 of the Revised Code, that property	39582
first shall be offered for sale to the school district board of	39583
education from which the community school acquired the property,	39584
at a price that is not higher than the appraised fair market	39585
value of that property. If the district board does not accept the	39586
offer within sixty days after the offer is made, the property may	39587
be disposed in another lawful manner.	39588

Sec. 3314.052. (A) This section does not apply to internet-	39589
or computer-based community schools.	39590

(B) As used in this section, "classroom facilities" has the	39591
same meaning as in section 3318.01 of the Revised Code.	39592

(C) On and after the effective date of this section, unless a	39593
waiver is granted under division (D) of this section, each	39594
classroom facility owned or leased by the governing authority or	39595
operator of a community school shall comply with the design	39596
guidelines adopted by the Ohio school facilities commission for	39597
classroom facilities projects under Chapter 3318. of the Revised	39598
Code applicable to the grade levels and function of the facility	39599
as it is used by the community school. However, the	39600
three-hundred-fifty-student minimum service capacity for an entire	39601
classroom facility specified in those guidelines, as prescribed	39602
for school districts by section 3318.03 of the Revised Code, shall	39603
not apply to community schools.	39604

(D) Upon joint application of the governing authority and	39605
sponsor of a community school, the superintendent of public	39606
instruction may waive compliance with any specific design	39607
guideline of the school facilities commission for a classroom	39608
facility used by the community school or operator, if the	39609
superintendent finds that noncompliance with that guideline will	39610
not substantially impair the school's mission or academic	39611
performance. The superintendent may consult with the commission in	39612
considering whether to grant a waiver under this division.	39613

Sec. 3314.075. Notwithstanding any provision to the contrary	39614
in this chapter, two or more community schools, which are not	39615
internet- or computer-based community schools, are located in the	39616
same building, have at least one common member on their respective	39617
governing authorities, and have the same chief administrative	39618
officer, may consolidate into one community school, and the assets	39619
and liabilities of each of the schools may be consolidated into	39620
the single school that results from the consolidation, with the	39621
approval of each school's sponsor and so long as consolidation of	39622
those assets and liabilities is not otherwise prohibited by any	39623
other provision of law or the provisions of a contract. Such	39624
consolidation shall be effective not later than the thirtieth day	39625
of September of the school year in which the consolidated single	39626
school is to begin operating.	39627

Sec. 3314.08. (A) As used in this section:

39628

(1) ~~"Base formula amount" means the amount specified as such~~	39629
~~in a community school's financial plan for a school year pursuant~~	39630
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	39631

~~(2)~~ "IEP" has the same meaning as in section 3323.01 of the	39632
Revised Code.	39633

~~(3) "Applicable special education weight" means the multiple~~	39634
~~specified in section 3317.013 of the Revised Code for a~~	39635
~~disability described in that section.~~	39636

~~(4) "Applicable vocational education weight" means:~~

39637

~~(a) For a student enrolled in vocational education programs~~	39638
~~or classes described in division (A) of section 3317.014 of the~~	39639
~~Revised Code, the multiple specified in that division;~~	39640

~~(b) For a student enrolled in vocational education programs~~	39641
~~or classes described in division (B) of section 3317.014 of the~~	39642
~~Revised Code, the multiple specified in that division.~~	39643

~~(5)~~(2) "Entitled to attend school" means entitled to attend	39644
school in a district under section 3313.64 or 3313.65 of the	39645
Revised Code.	39646

~~(6) A community school student is "included in the poverty~~	39647
~~student count" of a school district if the student is entitled to~~	39648
~~attend school in the district and the student's family receives~~	39649
~~assistance under the Ohio works first program.~~	39650

~~(7) "Poverty-based assistance reduction factor" means the~~	39651
~~percentage figure, if any, for reducing the per pupil amount of~~	39652
~~poverty-based assistance a community school is entitled to receive~~	39653
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	39654
~~as specified in the school's financial plan for the year pursuant~~	39655
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	39656

~~(8) "All-day kindergarten" has the same meaning as in section~~	39657
~~3317.029 of the Revised Code.~~	39658

~~(9) "State education aid" has the same meaning as in section~~	39659
~~5751.20 of the Revised Code.~~	39660

(B) The state board of education shall adopt rules requiring	39661
~~both of the following:~~	39662

~~(1) The board of education of each city, exempted village,~~	39663
~~and local school district to annually report the number of~~	39664
~~students entitled to attend school in the district who are~~	39665
~~enrolled in grades one through twelve in a community school~~	39666
~~established under this chapter, the number of students entitled to~~	39667
~~attend school in the district who are enrolled in kindergarten in~~	39668
~~a community school, the number of those kindergartners who are~~	39669
~~enrolled in all-day kindergarten in their community school, and~~	39670
~~for each child, the community school in which the child is~~	39671
~~enrolled.~~	39672

~~(2) The~~the governing authority of each community school	39673
established under this chapter to ~~annually~~ report all of the	39674
following:	39675

~~(a)~~(1) The number of students enrolled in each of grades ~~one~~	39676
kindergarten through twelve ~~and the number of students enrolled in~~	39677
~~kindergarten~~ in the school who are not receiving special education	39678
and related services pursuant to an IEP;	39679

~~(b)~~(2) The number of enrolled students in each of grades ~~one~~	39680
kindergarten through twelve ~~and the number of enrolled students in~~	39681
~~kindergarten,~~ who are receiving special education and related	39682
services pursuant to an IEP;	39683

~~(c)~~(3) The number of students reported under division	39684
(B)(2)~~(b)~~ of this section receiving special education and related	39685
services pursuant to an IEP for a disability described in each of	39686
divisions ~~(A) to (F)~~(C)(1) to (6) of section ~~3317.013~~3306.02 of	39687
the Revised Code;	39688

~~(d)~~(4) The full-time equivalent number of students reported	39689
under divisions (B)(1) and (2)~~(a) and (b)~~ of this section who are	39690
enrolled in vocational education programs or classes described in	39691
each of divisions (A) and (B) of section 3317.014 of the Revised	39692
Code that are provided by the community school;	39693

~~(e)~~(5) Twenty per cent of the number of students reported	39694
under divisions (B)(1) and (2)~~(a) and (b)~~ of this section who are	39695
not reported under division (B)~~(2)(d)~~(4) of this section but who	39696
are enrolled in vocational education programs or classes described	39697
in each of divisions (A) and (B) of section 3317.014 of the	39698
Revised Code at a joint vocational school district under a	39699
contract between the community school and the joint vocational	39700
school district and are entitled to attend school in a city,	39701
local, or exempted village school district whose territory is part	39702
of the territory of the joint vocational district;	39703

~~(f)~~(6) The number of enrolled preschool children with	39704
disabilities receiving special education services in a	39705
state-funded unit;	39706

~~(g) The community school's base formula amount;~~

39707

~~(h)~~(7) For each student, the city, exempted village, or local	39708
school district in which the student is entitled to attend school;	39709

~~(i) Any poverty-based assistance reduction factor that~~	39710
~~applies to a school year~~.	39711

(C) ~~From the state education aid calculated for a city,~~	39712
~~exempted village, or local school district and, if necessary,~~	39713
~~from the payment made to the district under sections 321.24 and~~	39714
~~323.156 of the Revised Code, the department of education shall~~	39715
~~annually subtract the sum of the amounts described in divisions~~	39716
~~(C)(1) to (9) of this section. However, when deducting payments~~	39717
~~on behalf of students enrolled in internet- or computer-based~~	39718
~~community schools, the department shall deduct only those amounts~~	39719
~~described in divisions (C)(1) and (2) of this section.~~	39720
~~Furthermore, the aggregate amount deducted under this division~~	39721
~~shall not exceed the sum of the district's state education aid~~	39722
~~and its payment under sections 321.24 and 323.156 of the Revised~~	39723
~~Code.~~	39724

~~(1) An amount equal to the sum of the amounts obtained when,~~	39725
~~for each community school where the district's students are~~	39726
~~enrolled, the number of the district's students reported under~~	39727
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	39728
~~in grades one through twelve, and one-half the number of students~~	39729
~~reported under those divisions who are enrolled in kindergarten,~~	39730
~~in that community school is multiplied by the sum of the base~~	39731
~~formula amount of that community school plus the per pupil~~	39732
~~amount of the base funding supplements specified in divisions~~	39733
~~(C)(1) to (4) of section 3317.012 of the Revised Code.~~	39734

~~(2) The sum of the amounts calculated under divisions~~	39735
~~(C)(2)(a) and (b) of this section:~~	39736

~~(a) For each of the district's students reported under~~	39737
~~division (B)(2)(c) of this section as enrolled in a community~~	39738
~~school in grades one through twelve and receiving special~~	39739
~~education and related services pursuant to an IEP for a~~	39740
~~disability described in section 3317.013 of the Revised Code, the~~	39741
~~product of the applicable special education weight times the~~	39742
~~community school's base formula amount;~~	39743

~~(b) For each of the district's students reported under~~	39744
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	39745
~~a community school and receiving special education and related~~	39746
~~services pursuant to an IEP for a disability described in section~~	39747
~~3317.013 of the Revised Code, one-half of the amount calculated~~	39748
~~as prescribed in division (C)(2)(a) of this section.~~	39749

~~(3) For each of the district's students reported under~~	39750
~~division (B)(2)(d) of this section for whom payment is made under~~	39751
~~division (D)(4) of this section, the amount of that payment;~~	39752

~~(4) An amount equal to the sum of the amounts obtained when,~~	39753
~~for each community school where the district's students are~~	39754
~~enrolled, the number of the district's students enrolled in that~~	39755
~~community school who are included in the district's poverty~~	39756
~~student count is multiplied by the per pupil amount of~~	39757
~~poverty-based assistance the school district receives that year~~	39758
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	39759
~~as adjusted by any poverty-based assistance reduction factor of~~	39760
~~that community school. The per pupil amount of that aid for the~~	39761
~~district shall be calculated by the department.~~	39762

~~(5) An amount equal to the sum of the amounts obtained when,~~	39763
~~for each community school where the district's students are~~	39764
~~enrolled, the district's per pupil amount of aid received under~~	39765
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	39766
~~by any poverty-based assistance reduction factor of the community~~	39767
~~school, is multiplied by the sum of the following:~~	39768

~~(a) The number of the district's students reported under~~	39769
~~division (B)(2)(a) of this section who are enrolled in grades one~~	39770
~~to three in that community school and who are not receiving~~	39771
~~special education and related services pursuant to an IEP;~~	39772

~~(b) One-half of the district's students who are enrolled in~~	39773
~~all-day or any other kindergarten class in that community school~~	39774
~~and who are not receiving special education and related services~~	39775
~~pursuant to an IEP;~~	39776

~~(c) One-half of the district's students who are enrolled in~~	39777
~~all-day kindergarten in that community school and who are not~~	39778
~~receiving special education and related services pursuant to an~~	39779
~~IEP.~~	39780

~~The district's per pupil amount of aid under division (E) of~~	39781
~~section 3317.029 of the Revised Code is the quotient of the amount~~	39782
~~the district received under that division divided by the~~	39783
~~district's kindergarten through third grade ADM, as defined in~~	39784
~~that section.~~	39785

~~(6) An amount equal to the sum of the amounts obtained when,~~	39786
~~for each community school where the district's students are~~	39787
~~enrolled, the district's per pupil amount received under division~~	39788
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	39789
~~poverty-based assistance reduction factor of that community~~	39790
~~school, is multiplied by the number of the district's students~~	39791
~~enrolled in the community school who are identified as~~	39792
~~limited-English proficient.~~	39793

~~(7) An amount equal to the sum of the amounts obtained when,~~	39794
~~for each community school where the district's students are~~	39795
~~enrolled, the district's per pupil amount received under division~~	39796
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	39797
~~poverty-based assistance reduction factor of that community~~	39798
~~school, is multiplied by the sum of the following:~~	39799

~~(a) The number of the district's students enrolled in grades~~	39800
~~one through twelve in that community school;~~	39801

~~(b) One-half of the number of the district's students~~	39802
~~enrolled in kindergarten in that community school.~~	39803

~~The district's per pupil amount under division (G) of section~~	39804
~~3317.029 of the Revised Code is the district's amount per teacher~~	39805
~~calculated under division (G)(1) or (2) of that section divided by~~	39806
~~17.~~	39807

~~(8) An amount equal to the sum of the amounts obtained when,~~	39808
~~for each community school where the district's students are~~	39809
~~enrolled, the district's per pupil amount received under divisions~~	39810
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	39811
~~by any poverty-based assistance reduction factor of that community~~	39812
~~school, is multiplied by the sum of the following:~~	39813

~~(a) The number of the district's students enrolled in grades~~	39814
~~one through twelve in that community school;~~	39815

~~(b) One-half of the number of the district's students~~	39816
~~enrolled in kindergarten in that community school.~~	39817

~~The district's per pupil amount under divisions (H) and (I)~~	39818
~~of section 3317.029 of the Revised Code is the amount calculated~~	39819
~~under each division divided by the district's formula ADM, as~~	39820
~~defined in section 3317.02 of the Revised Code.~~	39821

~~(9) An amount equal to the per pupil state parity aid funding~~	39822
~~calculated for the school district under either division (C) or~~	39823
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	39824
~~of the number of students in grades one through twelve, and~~	39825
~~one-half of the number of students in kindergarten, who are~~	39826
~~entitled to attend school in the district and are enrolled in a~~	39827
~~community school as reported under division (B)(1) of this~~	39828
~~section.~~	39829

~~(D)~~ The department of education shall annually pay to a	39830
community school established under this chapter the ~~sum of the~~	39831
~~amounts described in divisions (D)(1) to (10) of this section.~~	39832
~~However, the department shall calculate and pay to each internet-~~	39833
~~or computer-based community school only the amounts described in~~	39834
~~divisions (D)(1) to (3) of this section. Furthermore, the sum of~~	39835
~~the payments to all community schools under divisions (D)(1),~~	39836
~~(2), and (4) to (10) of this section for the students entitled to~~	39837
~~attend school in any particular school district shall not exceed~~	39838
~~the sum of that district's state education aid and its payment~~	39839
~~under sections 321.24 and 323.156 of the Revised Code. If the~~	39840
~~sum of the payments calculated under those divisions for the~~	39841
~~students entitled to attend school in a particular school~~	39842
~~district exceeds the sum of that district's state education aid~~	39843
~~and its payment under sections 321.24 and 323.156 of the Revised~~	39844
~~Code, the department shall calculate and apply a proration~~	39845
~~factor to the payments to all community schools under those~~	39846
~~divisions for the students entitled to attend school in that~~	39847
~~district.~~	39848

~~(1) Subject to section 3314.085 of the Revised Code, an~~	39849
~~amount equal to the sum of the amounts obtained when the number of~~	39850
~~students enrolled in grades one through twelve, plus one-half of~~	39851
~~the kindergarten students in the school, reported under divisions~~	39852
~~(B)(2)(a), (b), and (e) of this section who are not receiving~~	39853
~~special education and related services pursuant to an IEP for a~~	39854
~~disability described in section 3317.013 of the Revised Code is~~	39855
~~multiplied by the sum of the community school's base formula~~	39856
~~amount plus the per pupil amount of the base funding supplements~~	39857
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	39858
~~Revised Code.~~	39859

~~(2) Prior to fiscal year 2007, the greater of the amount~~	39860
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	39861
~~fiscal year 2007 and thereafter, the amount calculated under~~	39862
~~division (D)(2)(b) of this section:~~	39863

~~(a) The aggregate amount that the department paid to the~~	39864
~~community school in fiscal year 1999 for students receiving~~	39865
~~special education and related services pursuant to IEPs, excluding~~	39866
~~federal funds and state disadvantaged pupil impact aid funds;~~	39867

~~(b) The sum of the amounts calculated under divisions~~	39868
~~(D)(2)(b)(i) and (ii) of this section:~~	39869

~~(i) For each student reported under division (B)(2)(c) of~~	39870
~~this section as enrolled in the school in grades one through~~	39871
~~twelve and receiving special education and related services~~	39872
~~pursuant to an IEP for a disability described in section 3317.013~~	39873
~~of the Revised Code, the following amount:~~	39874

~~(the school's base formula amount plus~~	39875

~~the per pupil amount of the base funding supplements specified in~~	39876

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	39877

~~+ (the applicable special education weight X the~~	39878

~~community school's base formula amount);~~	39879

~~(ii) For each student reported under division (B)(2)(c) of~~	39880
~~this section as enrolled in kindergarten and receiving special~~	39881
~~education and related services pursuant to an IEP for a disability~~	39882
~~described in section 3317.013 of the Revised Code, one-half of~~	39883
~~the amount calculated under the formula prescribed in division~~	39884
~~(D)(2)(b)(i) of this section.~~	39885

~~(3) An amount received from federal funds to provide special~~	39886
~~education and related services to students in the community~~	39887
~~school, as determined by the superintendent of public instruction.~~	39888

~~(4) For each student reported under division (B)(2)(d) of~~	39889
~~this section as enrolled in vocational education programs or~~	39890
~~classes that are described in section 3317.014 of the Revised~~	39891
~~Code, are provided by the community school, and are comparable as~~	39892
~~determined by the superintendent of public instruction to school~~	39893
~~district vocational education programs and classes eligible for~~	39894
~~state weighted funding under section 3317.014 of the Revised Code,~~	39895
~~an amount equal to the applicable vocational education weight~~	39896
~~times the community school's base formula amount times the~~	39897
~~percentage of time the student spends in the vocational education~~	39898
~~programs or classes.~~	39899

~~(5) An amount equal to the sum of the amounts obtained when,~~	39900
~~for each school district where the community school's students are~~	39901
~~entitled to attend school, the number of that district's students~~	39902
~~enrolled in the community school who are included in the~~	39903
~~district's poverty student count is multiplied by the per pupil~~	39904
~~amount of poverty-based assistance that school district receives~~	39905
~~that year pursuant to division (C) of section 3317.029 of the~~	39906
~~Revised Code, as adjusted by any poverty-based assistance~~	39907
~~reduction factor of the community school. The per pupil amount of~~	39908
~~aid shall be determined as described in division (C)(4) of this~~	39909
~~section.~~	39910

~~(6) An amount equal to the sum of the amounts obtained when,~~	39911
~~for each school district where the community school's students are~~	39912
~~entitled to attend school, the district's per pupil amount of aid~~	39913
~~received under division (E) of section 3317.029 of the Revised~~	39914
~~Code, as adjusted by any poverty-based assistance reduction~~	39915
~~factor of the community school, is multiplied by the sum of the~~	39916
~~following:~~	39917

~~(a) The number of the district's students reported under~~	39918
~~division (B)(2)(a) of this section who are enrolled in grades one~~	39919
~~to three in that community school and who are not receiving~~	39920
~~special education and related services pursuant to an IEP;~~	39921

~~(b) One-half of the district's students who are enrolled in~~	39922
~~all-day or any other kindergarten class in that community school~~	39923
~~and who are not receiving special education and related services~~	39924
~~pursuant to an IEP;~~	39925

~~(c) One-half of the district's students who are enrolled in~~	39926
~~all-day kindergarten in that community school and who are not~~	39927
~~receiving special education and related services pursuant to an~~	39928
~~IEP.~~	39929

~~The district's per pupil amount of aid under division (E) of~~	39930
~~section 3317.029 of the Revised Code shall be determined as~~	39931
~~described in division (C)(5) of this section.~~	39932

~~(7) An amount equal to the sum of the amounts obtained when,~~	39933
~~for each school district where the community school's students are~~	39934
~~entitled to attend school, the number of that district's students~~	39935
~~enrolled in the community school who are identified as~~	39936
~~limited-English proficient is multiplied by the district's per~~	39937
~~pupil amount received under division (F) of section 3317.029 of~~	39938
~~the Revised Code, as adjusted by any poverty-based assistance~~	39939
~~reduction factor of the community school.~~	39940

~~(8) An amount equal to the sum of the amounts obtained when,~~	39941
~~for each school district where the community school's students are~~	39942
~~entitled to attend school, the district's per pupil amount~~	39943
~~received under division (G) of section 3317.029 of the Revised~~	39944
~~Code, as adjusted by any poverty-based assistance reduction factor~~	39945
~~of the community school, is multiplied by the sum of the~~	39946
~~following:~~	39947

~~(a) The number of the district's students enrolled in grades~~	39948
~~one through twelve in that community school;~~	39949

~~(b) One-half of the number of the district's students~~	39950
~~enrolled in kindergarten in that community school.~~	39951

~~The district's per pupil amount under division (G) of section~~	39952
~~3317.029 of the Revised Code shall be determined as described in~~	39953
~~division (C)(7) of this section.~~	39954

~~(9) An amount equal to the sum of the amounts obtained when,~~	39955
~~for each school district where the community school's students are~~	39956
~~entitled to attend school, the district's per pupil amount~~	39957
~~received under divisions (H) and (I) of section 3317.029 of the~~	39958
~~Revised Code, as adjusted by any poverty-based assistance~~	39959
~~reduction factor of the community school, is multiplied by the sum~~	39960
~~of the following:~~	39961

~~(a) The number of the district's students enrolled in grades~~	39962
~~one through twelve in that community school;~~	39963

~~(b) One-half of the number of the district's students~~	39964
~~enrolled in kindergarten in that community school.~~	39965

~~The district's per pupil amount under divisions (H) and (I)~~	39966
~~of section 3317.029 of the Revised Code shall be determined as~~	39967
~~described in division (C)(8) of this section.~~	39968

~~(10) An amount equal to the sum of the amounts obtained when,~~	39969
~~for each school district where the community school's students are~~	39970
~~entitled to attend school, the district's per pupil amount of~~	39971
~~state parity aid funding calculated under either division (C) or~~	39972
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	39973
~~sum of the number of that district's students enrolled in grades~~	39974
~~one through twelve, and one-half of the number of that district's~~	39975
~~students enrolled in kindergarten, in the community school as~~	39976
~~reported under division (B)(2)(a) and (b) of this section~~amount	39977
calculated for the school under section 3306.16 of the Revised	39978
Code.	39979

~~(E)~~(D)(1) If a community school's costs for a fiscal year for	39980
a student receiving special education and related services	39981
pursuant to an IEP for a disability described in divisions ~~(B) to~~	39982
~~(F)~~(C)(2) to (6) of section ~~3317.013~~3306.02 of the Revised Code	39983
exceed the threshold catastrophic cost for serving the student as	39984
specified in division (C)(3)(b) of section 3317.022 of the Revised	39985
Code, the school may submit to the superintendent of public	39986
instruction documentation, as prescribed by the superintendent, of	39987
all its costs for that student. Upon submission of documentation	39988
for a student of the type and in the manner prescribed, the	39989
department shall pay to the community school an amount equal to	39990
the school's costs for the student in excess of the threshold	39991
catastrophic costs.	39992

(2) The community school shall only report under division	39993
~~(E)~~(D)(1) of this section, and the department shall only pay for,	39994
the costs of educational expenses and the related services	39995
provided to the student in accordance with the student's	39996
~~individualized education program~~IEP. Any legal fees, court costs,	39997
or other costs associated with any cause of action relating to the	39998
student may not be included in the amount.	39999

~~(F)~~(E) A community school may apply to the department of	40000
education for preschool children with disabilities ~~or gifted~~ unit	40001
funding the school would receive if it were a school district.	40002
Upon request of its governing authority, a community school that	40003
received such preschool unit funding as a school district-operated	40004
school before it became a community school shall retain any units	40005
awarded to it as a school district-operated school provided the	40006
school continues to meet eligibility standards for the unit.	40007

A community school shall be considered a school district and	40008
its governing authority shall be considered a board of education	40009
for the purpose of applying to any state or federal agency for	40010
grants that a school district may receive under federal or state	40011
law or any appropriations act of the general assembly. The	40012
governing authority of a community school may apply to any private	40013
entity for additional funds.	40014

~~(G)~~(F) A board of education sponsoring a community school may	40015
utilize local funds to make enhancement grants to the school or	40016
may agree, either as part of the contract or separately, to	40017
provide any specific services to the community school at no cost	40018
to the school.	40019

~~(H)~~(G) A community school may not levy taxes or issue bonds	40020
secured by tax revenues.	40021

~~(I)~~(H) No community school shall charge tuition for the	40022
enrollment of any student.	40023

~~(J)~~(I)(1)(a) A community school may borrow money to pay any	40024
necessary and actual expenses of the school in anticipation of the	40025
receipt of any portion of the payments to be received by the	40026
school pursuant to division ~~(D)~~(C) of this section. The school may	40027
issue notes to evidence such borrowing. The proceeds of the notes	40028
shall be used only for the purposes for which the anticipated	40029
receipts may be lawfully expended by the school.	40030

(b) A school may also borrow money for a term not to exceed	40031
fifteen years for the purpose of acquiring facilities.	40032

(2) Except for any amount guaranteed under section 3318.50 of	40033
the Revised Code, the state is not liable for debt incurred by the	40034
governing authority of a community school.	40035

~~(K) For purposes of determining the number of students for~~	40036
~~which divisions (D)(5) and (6) of this section applies in any~~	40037
~~school year, a community school may submit to the department of~~	40038
~~job and family services, no later than the first day of March, a~~	40039
~~list of the students enrolled in the school. For each student on~~	40040
~~the list, the community school shall indicate the student's name,~~	40041
~~address, and date of birth and the school district where the~~	40042
~~student is entitled to attend school. Upon receipt of a list under~~	40043
~~this division, the department of job and family services shall~~	40044
~~determine, for each school district where one or more students on~~	40045
~~the list is entitled to attend school, the number of students~~	40046
~~residing in that school district who were included in the~~	40047
~~department's report under section 3317.10 of the Revised Code. The~~	40048
~~department shall make this determination on the basis of~~	40049
~~information readily available to it. Upon making this~~	40050
~~determination and no later than ninety days after submission of~~	40051
~~the list by the community school, the department shall report to~~	40052
~~the state department of education the number of students on the~~	40053
~~list who reside in each school district who were included in the~~	40054
~~department's report under section 3317.10 of the Revised Code. In~~	40055
~~complying with this division, the department of job and family~~	40056
~~services shall not report to the state department of education any~~	40057
~~personally identifiable information on any student.~~	40058

~~(L)~~(J) The department of education shall adjust the ~~amounts~~	40059
~~subtracted and~~amount paid under ~~divisions~~division (C) ~~and (D)~~ of	40060
this section to reflect any enrollment of students in community	40061
schools for less than the equivalent of a full school year. The	40062
state board of education ~~within ninety days after April 8, 2003,~~	40063
shall adopt in accordance with Chapter 119. of the Revised Code	40064
rules governing the payments to community schools under this	40065
section ~~and section 3314.13 of the Revised Code~~ including initial	40066
payments in a school year and adjustments and reductions made in	40067
subsequent periodic payments to community schools ~~and~~	40068
~~corresponding deductions from school district accounts as~~	40069
~~provided under divisions (C) and (D) of this section and section~~	40070
~~3314.13 of the Revised Code~~. For purposes of this section ~~and~~	40071
~~section 3314.13 of the Revised Code~~:	40072

(1) A student shall be considered enrolled in the community	40073
school for any portion of the school year the student is	40074
participating at a college under Chapter 3365. of the Revised	40075
Code.	40076

(2) A student shall be considered to be enrolled in a	40077
community school during a school year for the period of time	40078
beginning on the later of the date on which the school both has	40079
received documentation of the student's enrollment from a parent	40080
and the student has commenced participation in learning	40081
opportunities as defined in the contract with the sponsor, or	40082
thirty days prior to the date on which the student is entered into	40083
the education management information system established under	40084
section 3301.0714 of the Revised Code. For purposes of applying	40085
this division and division ~~(L)~~(J)(3) of this section to a	40086
community school student, "learning opportunities" shall be	40087
defined in the contract, which shall describe both	40088
classroom-based and non-classroom-based learning opportunities	40089
and shall be in compliance with criteria and documentation	40090
requirements for student participation which shall be established	40091
by the department. Any student's instruction time in	40092
non-classroom-based learning opportunities shall be certified by	40093
an employee of the community school. A student's enrollment shall	40094
be considered to cease on the date on which any of the following	40095
occur:	40096

(a) The community school receives documentation from a parent	40097
terminating enrollment of the student.	40098

(b) The community school is provided documentation of a	40099
student's enrollment in another public or private school.	40100

(c) The community school ceases to offer learning	40101
opportunities to the student pursuant to the terms of the contract	40102
with the sponsor or the operation of any provision of this	40103
chapter.	40104

(3) The department shall determine each community school	40105
student's percentage of full-time equivalency based on the	40106
percentage of learning opportunities offered by the community	40107
school to that student, reported either as number of hours or	40108
number of days, is of the total learning opportunities offered	40109
by the community school to a student who attends for the school's	40110
entire school year~~. However, no~~, subject to both of the following	40111
requirements:	40112

(a) No internet- or computer-based community school shall	40113
be credited for any time a student spends participating in	40114
learning opportunities beyond ten hours within any period of	40115
twenty-four consecutive hours. ~~Whether~~	40116

(b) In the case of a community school and for which the	40117
mission is to serve primarily dropouts, the department shall count	40118
each enrolled student in the school's ADM only for the full-time	40119
equivalent amount of hours the student participates in	40120
classroom-based learning opportunities and shall not count any	40121
time a student participates in non-classroom-based learning	40122
opportunities.	40123

Whether it reports hours or days of learning opportunities,	40124
each community school shall offer not less than ~~nine hundred~~	40125
~~twenty~~the applicable minimum number of hours of learning	40126
opportunities during the school year prescribed by section	40127
3314.031 of the Revised Code.	40128

~~(M)~~(K) The department of education shall reduce the amounts	40129
paid under division ~~(D)~~(C) of this section to reflect payments	40130
made to colleges under division (B) of section 3365.07 of the	40131
Revised Code or through alternative funding agreements entered	40132
into under rules adopted under section 3365.12 of the Revised	40133
Code.	40134

~~(N)~~(L)(1) No student shall be considered enrolled in any	40135
internet- or computer-based community school or, if applicable to	40136
the student, in any community school that is required to provide	40137
the student with a computer pursuant to division (C) of section	40138
3314.22 of the Revised Code, unless both of the following	40139
conditions are satisfied:	40140

(a) The student possesses or has been provided with all	40141
required hardware and software materials and all such materials	40142
are operational so that the student is capable of fully	40143
participating in the learning opportunities specified in the	40144
contract between the school and the school's sponsor as required	40145
by division (A)(23) of section 3314.03 of the Revised Code;	40146

(b) The school is in compliance with division (A) of section	40147
3314.22 of the Revised Code, relative to such student.	40148

(2) In accordance with policies adopted jointly by the	40149
superintendent of public instruction and the auditor of state, the	40150
department shall reduce the amounts otherwise payable under	40151
division ~~(D)~~(C) of this section to any community school that	40152
includes in its program the provision of computer hardware and	40153
software materials to any student, if such hardware and software	40154
materials have not been delivered, installed, and activated for	40155
each such student in a timely manner or other educational	40156
materials or services have not been provided according to the	40157
contract between the individual community school and its sponsor.	40158

The superintendent of public instruction and the auditor of	40159
state shall jointly establish a method for auditing any community	40160
school to which this division pertains to ensure compliance with	40161
this section.	40162

The superintendent, auditor of state, and the governor shall	40163
jointly make recommendations to the general assembly for	40164
legislative changes that may be required to assure fiscal and	40165
academic accountability for such schools.	40166

~~(O)~~(M)(1) If the department determines that a review of a	40167
community school's enrollment is necessary, such review shall be	40168
completed and written notice of the findings shall be provided to	40169
the governing authority of the community school and its sponsor	40170
within ninety days of the end of the community school's fiscal	40171
year, unless extended for a period not to exceed thirty additional	40172
days for one of the following reasons:	40173

(a) The department and the community school mutually agree to	40174
the extension.	40175

(b) Delays in data submission caused by either a community	40176
school or its sponsor.	40177

(2) If the review results in a finding that additional	40178
funding is owed to the school, such payment shall be made within	40179
thirty days of the written notice. If the review results in a	40180
finding that the community school owes moneys to the state, the	40181
following procedure shall apply:	40182

(a) Within ten business days of the receipt of the notice of	40183
findings, the community school may appeal the department's	40184
determination to the state board of education or its designee.	40185

(b) The board or its designee shall conduct an informal	40186
hearing on the matter within thirty days of receipt of such an	40187
appeal and shall issue a decision within fifteen days of the	40188
conclusion of the hearing.	40189

(c) If the board has enlisted a designee to conduct the	40190
hearing, the designee shall certify its decision to the board. The	40191
board may accept the decision of the designee or may reject the	40192
decision of the designee and issue its own decision on the matter.	40193

(d) Any decision made by the board under this division is	40194
final.	40195

(3) If it is decided that the community school owes moneys to	40196
the state, the department shall deduct such amount from the	40197
school's future payments in accordance with guidelines issued by	40198
the superintendent of public instruction.	40199

~~(Q)~~(N) The department ~~shall not subtract from a school~~	40200
~~district's state aid account under division (C) of this section~~	40201
~~and~~ shall not pay to a community school under division ~~(D)~~(C) of	40202
this section any amount for any of the following:	40203

(1) Any student who has graduated from the twelfth grade of a	40204
public or nonpublic high school;	40205

(2) Any student who is not a resident of the state;

40206

(3) Any student who was enrolled in the community school	40207
during the previous school year when ~~tests~~assessments were	40208
administered under section 3301.0711 of the Revised Code but did	40209
not take one or more of the ~~tests~~assessments required by that	40210
section and was not excused pursuant to division (C)(1) or (3) of	40211
that section, unless the superintendent of public instruction	40212
grants the student a waiver from the requirement to take the ~~test~~	40213
assessment and a parent is not paying tuition for the student	40214
pursuant to section 3314.26 of the Revised Code. The	40215
superintendent may grant a waiver only for good cause in	40216
accordance with rules adopted by the state board of education.	40217

(4) Any student who has attained the age of twenty-two years,	40218
except for veterans of the armed services whose attendance was	40219
interrupted before completing the recognized twelve-year course of	40220
the public schools by reason of induction or enlistment in the	40221
armed forces and who apply for enrollment in a community school	40222
not later than four years after termination of war or their	40223
honorable discharge. If, however, any such veteran elects to	40224
enroll in special courses organized for veterans for whom tuition	40225
is paid under federal law, or otherwise, the department ~~shall not~~	40226
~~subtract from a school district's state aid account under division~~	40227
~~(C) of this section and~~ shall not pay to a community school under	40228
division ~~(D)~~(C) of this section any amount for that veteran.	40229

Sec. 3314.083. If the department of education pays a joint	40230
vocational school district under division (G)(4) of section	40231
3317.16 of the Revised Code for excess costs of providing special	40232
education and related services to a student with a disability who	40233
is enrolled in a community school, as calculated under division	40234
(G)(2) of that section, the department shall deduct the amount of	40235
that payment from the amount calculated for payment to the	40236
community school under section ~~3314.08~~3306.16 of the Revised	40237
Code.	40238

Sec. 3314.084. (A) As used in this section:

40239

(1) ~~"Formula ADM" has the same meaning as in section 3317.03~~	40240
~~of the Revised Code.~~	40241

~~(2)~~ "Home" has the same meaning as in section 3313.64 of the	40242
Revised Code.	40243

~~(3)~~(2) "School district of residence" has the same meaning as	40244
in section 3323.01 of the Revised Code; however, a community	40245
school established under this chapter is not a "school district of	40246
residence" for purposes of this section.	40247

(B) Notwithstanding anything to the contrary in section	40248
3314.08 or 3317.03 of the Revised Code, ~~all of the following apply~~	40249
in the case of a child who is enrolled in a community school and	40250
is also living in a home:	40251

~~(1) For~~, for purposes of the report required under division	40252
(B)~~(1)~~ of section 3314.08 of the Revised Code, the child's school	40253
district of residence, and not the school district in which the	40254
home that the child is living in is located, shall be considered	40255
to be the school district in which the child is entitled to attend	40256
school. ~~That school district of residence, therefore, shall make~~	40257
~~the report required under division (B)(1) of section 3314.08 of~~	40258
~~the Revised Code with respect to the child.~~	40259

~~(2) For purposes of the report required under division (B)(2)~~	40260
~~of section 3314.08 of the Revised Code, the community school shall~~	40261
~~report the name of the child's school district of residence.~~	40262

~~(3) The child's school district of residence shall count the~~	40263
~~child in that district's formula ADM.~~	40264

~~(4) The school district in which the home that the child is~~	40265
~~living in is located shall not count the child in that district's~~	40266
~~formula ADM.~~	40267

~~(5) The Department of Education shall deduct the applicable~~	40268
~~amounts prescribed under division (C) of section 3314.08 and~~	40269
~~division (D) of section 3314.13 of the Revised Code from the~~	40270
~~child's school district of residence and shall not deduct those~~	40271
~~amounts from the school district in which the home that the child~~	40272
~~is living in is located.~~	40273

~~(6) The Department shall make the payments prescribed in~~	40274
~~divisions (D) and (E) of section 3314.08 and section 3314.13 of~~	40275
~~the Revised Code, as applicable, to the community school.~~	40276

Sec. 3314.087. (A) As used in this section:

40277

(1) "Career-technical program" means vocational programs or	40278
classes described in division (A) or (B) of section 3317.014 of	40279
the Revised Code in which a student is enrolled.	40280

(2) "Formula ADM," "category one or two vocational education	40281
ADM," and "FTE basis" have the same meanings as in section 3317.02	40282
of the Revised Code.	40283

(3) "Resident school district" means the city, exempted	40284
village, or local school district in which a student is entitled	40285
to attend school under section 3313.64 or 3313.65 of the Revised	40286
Code.	40287

(B) Notwithstanding anything to the contrary in this chapter	40288
or Chapter 3306. or 3317. of the Revised Code, a student enrolled	40289
in a community school may simultaneously enroll in the	40290
career-technical program operated by the student's resident	40291
school district. On an FTE basis, the student's resident school	40292
district shall count the student in the category one or two	40293
vocational education ADM for the proportion of the time the	40294
student is enrolled in the district's career-technical program	40295
and, accordingly, the department of education shall calculate	40296
funds under Chapter 3317. for the district attributable to the	40297
student for the proportion of time the student attends the	40298
career-technical program. The community school shall count the	40299
student in its enrollment report under section 3314.08 of the	40300
Revised Code and shall report to the department the proportion of	40301
time that the student attends classes at the community school.	40302
The department shall pay the community school ~~and deduct from the~~	40303
~~student's resident school district~~ the amount computed for the	40304
student under section ~~3314.08~~3306.16 of the Revised Code in	40305
proportion to the fraction of the time on an FTE basis that the	40306
student attends classes at the community school. "Full-time	40307
equivalency" for a community school student, as defined in	40308
division ~~(L)~~(J) of section 3314.08 of the Revised Code, does not	40309
apply to the student.	40310

Sec. 3314.091. (A) A school district is not required to	40311
provide transportation for any native student enrolled in a	40312
community school if the district board of education has entered	40313
into an agreement with the community school's governing authority	40314
that designates the community school as responsible for providing	40315
or arranging for the transportation of the district's native	40316
students to and from the community school. For any such agreement	40317
to be effective, it must be certified by the superintendent of	40318
public instruction as having met all of the following	40319
requirements:	40320

(1) It is submitted to the department of education by a	40321
deadline which shall be established by the department.	40322

(2) In accordance with divisions (C)(1) and (2) of this	40323
section, it specifies qualifications, such as residing a minimum	40324
distance from the school, for students to have their	40325
transportation provided or arranged.	40326

(3) The transportation provided by the community school is	40327
subject to all provisions of the Revised Code and all rules	40328
adopted under the Revised Code pertaining to pupil transportation.	40329

(4) The sponsor of the community school also has signed the	40330
agreement.	40331

(B)(1) For the school year that begins on July 1, 2007, a	40332
school district is not required to provide transportation for any	40333
native student enrolled in a community school, if the community	40334
school during the previous school year transported the students	40335
enrolled in the school or arranged for the students'	40336
transportation, even if that arrangement consisted of having	40337
parents transport their children to and from the school, but did	40338
not enter into an agreement to transport or arrange for	40339
transportation for those students under division (A) of this	40340
section, and if the governing authority of the community school by	40341
July 15, 2007, submits written notification to the district board	40342
of education stating that the governing authority is accepting	40343
responsibility for providing or arranging for the transportation	40344
of the district's native students to and from the community	40345
school.	40346

(2) For any school year subsequent to the school year that	40347
begins on July 1, 2007, a school district is not required to	40348
provide transportation for any native student enrolled in a	40349
community school if the governing authority of the community	40350
school, by the thirty-first day of January of the previous school	40351
year, submits written notification to the district board of	40352
education stating that the governing authority is accepting	40353
responsibility for providing or arranging for the transportation	40354
of the district's native students to and from the community	40355
school. If the governing authority of the community school has	40356
previously accepted responsibility for providing or arranging for	40357
the transportation of a district's native students to and from the	40358
community school, under division (B)(1) or (2) of this section,	40359
and has since relinquished that responsibility under division	40360
(B)(3) of this section, the governing authority shall not accept	40361
that responsibility again unless the district board consents to	40362
the governing authority's acceptance of that responsibility.	40363

(3) A governing authority's acceptance of responsibility	40364
under division (B)(1) or (2) of this section shall cover an entire	40365
school year, and shall remain in effect for subsequent school	40366
years unless the governing authority submits written notification	40367
to the district board that the governing authority is	40368
relinquishing the responsibility. However, a governing authority	40369
shall not relinquish responsibility for transportation before the	40370
end of a school year, and shall submit the notice relinquishing	40371
responsibility by the thirty-first day of January, in order to	40372
allow the school district reasonable time to prepare	40373
transportation for its native students enrolled in the school.	40374

(C)(1) A community school governing authority that enters	40375
into an agreement under division (A) of this section, or that	40376
accepts responsibility under division (B) of this section, shall	40377
provide or arrange transportation free of any charge for each of	40378
its enrolled students who is required to be transported under	40379
section 3327.01 of the Revised Code or who would otherwise be	40380
transported by the school district under the district's	40381
transportation policy. The governing authority shall report to the	40382
department of education the number of students transported or for	40383
whom transportation is arranged under this section in accordance	40384
with rules adopted by the state board of education.	40385

(2) The governing authority may provide or arrange	40386
transportation for any other enrolled student who is not eligible	40387
for transportation in accordance with division (C)(1) of this	40388
section and may charge a fee for such service up to the actual	40389
cost of the service.	40390

(3) Notwithstanding anything to the contrary in division	40391
(C)(1) or (2) of this section, a community school governing	40392
authority shall provide or arrange transportation free of any	40393
charge for any disabled student enrolled in the school for whom	40394
the student's individualized education program developed under	40395
Chapter 3323. of the Revised Code specifies transportation.	40396

(D)(1) If a school district board and a community school	40397
governing authority elect to enter into an agreement under	40398
division (A) of this section, the department of education shall	40399
make payments to the community school according to the terms of	40400
the agreement for each student actually transported under	40401
division (C)(1) of this section.	40402

If a community school governing authority accepts	40403
transportation responsibility under division (B) of this section,	40404
the department shall make payments to the community school for	40405
each student actually transported or for whom transportation is	40406
arranged by the community school under division (C)(1) of this	40407
section, calculated as follows:	40408

(a) For any fiscal year which the general assembly has	40409
specified that transportation payments to school districts be	40410
based on an across-the-board percentage of the district's payment	40411
for the previous school year, the per pupil payment to the	40412
community school shall be the following quotient:	40413

(i) The total amount calculated for the school district in	40414
which the child is entitled to attend school for student	40415
transportation other than transportation of children with	40416
disabilities; divided by	40417

(ii) The number of students included in the district's	40418
transportation ADM for the current fiscal year, as reported under	40419
division (B)(13) of section 3317.03 of the Revised Code, plus the	40420
number of students enrolled in the community school not counted in	40421
the district's transportation ADM who are transported under	40422
division (B)(1) or (2) of this section.	40423

(b) For any fiscal year which the general assembly has	40424
specified that the transportation payments to school districts be	40425
calculated in accordance with ~~division (D) of~~ section ~~3317.022~~	40426
3306.12 of the Revised Code and any rules of the state board of	40427
education implementing that ~~division~~section, the payment to the	40428
community school shall be the amount so calculated that otherwise	40429
would be paid to the school district in which the student is	40430
entitled to attend school by the method of transportation the	40431
district would have used. The community school, however, is not	40432
required to use the same method to transport that student.	40433

As used in this division "entitled to attend school" means	40434
entitled to attend school under section 3313.64 or 3313.65 of the	40435
Revised Code.	40436

(2) The department shall deduct the payment under division	40437
(D)(1) of this section from the state education aid, as defined	40438
in section ~~3314.08~~5751.20 of the Revised Code, and, if	40439
necessary, the payment under sections 321.14 and 323.156 of the	40440
Revised Code, that is otherwise paid to the school district in	40441
which the student enrolled in the community school is entitled	40442
to attend school. The department shall include the number of the	40443
district's native students for whom payment is made to a	40444
community school under division (D)(1) of this section in the	40445
calculation of the district's transportation payment under	40446
~~division (D) of~~ section ~~3317.022~~3306.12 of the Revised Code and	40447
the operating appropriations act.	40448

(3) A community school shall be paid under division (D)(1)	40449
of this section only for students who are eligible as specified	40450
in section 3327.01 of the Revised Code and division (C)(1) of this	40451
section, and whose transportation to and from school is actually	40452
provided, who actually utilized transportation arranged, or for	40453
whom a payment in lieu of transportation is made by the community	40454
school's governing authority. To qualify for the payments, the	40455
community school shall report to the department, in the form and	40456
manner required by the department, data on the number of students	40457
transported or whose transportation is arranged, the number of	40458
miles traveled, cost to transport, and any other information	40459
requested by the department.	40460

(4) A community school shall use payments received under this	40461
section solely to pay the costs of providing or arranging for the	40462
transportation of students who are eligible as specified in	40463
section 3327.01 of the Revised Code and division (C)(1) of this	40464
section, which may include payments to a parent, guardian, or	40465
other person in charge of a child in lieu of transportation.	40466

(E) Except when arranged through payment to a parent,	40467
guardian, or person in charge of a child, transportation provided	40468
or arranged for by a community school pursuant to an agreement	40469
under this section is subject to all provisions of the Revised	40470
Code, and all rules adopted under the Revised Code, pertaining to	40471
the construction, design, equipment, and operation of school buses	40472
and other vehicles transporting students to and from school. The	40473
drivers and mechanics of the vehicles are subject to all	40474
provisions of the Revised Code, and all rules adopted under the	40475
Revised Code, pertaining to drivers and mechanics of such	40476
vehicles. The community school also shall comply with sections	40477
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	40478
of section 3327.16 of the Revised Code and, subject to division	40479
(C)(1) of this section, sections 3327.01 and 3327.02 of the	40480
Revised Code, as if it were a school district.	40481

Sec. 3314.10. (A)(1) The governing authority of any	40482
community school established under this chapter may employ	40483
teachers and nonteaching employees necessary to carry out its	40484
mission and fulfill its contract.	40485

(2) Except as provided under division (A)(3) of this section,	40486
employees hired under this section may organize and collectively	40487
bargain pursuant to Chapter 4117. of the Revised Code.	40488
Notwithstanding division (D)(1) of section 4117.06 of the Revised	40489
Code, a unit containing teaching and nonteaching employees	40490
employed under this section shall be considered an appropriate	40491
unit. As applicable, employment under this section is subject to	40492
either Chapter 3307. or 3309. of the Revised Code.	40493

(3) If a school is created by converting all or part of an	40494
existing public school rather than by establishment of a new	40495
start-up school, at the time of conversion, the employees of the	40496
community school shall remain part of any collective bargaining	40497
unit in which they were included immediately prior to the	40498
conversion and shall remain subject to any collective bargaining	40499
agreement for that unit in effect on the first day of July of the	40500
year in which the community school initially begins operation and	40501
shall be subject to any subsequent collective bargaining agreement	40502
for that unit, unless a petition is certified as sufficient under	40503
division (A)(6) of this section with regard to those employees.	40504
Any new employees of the community school shall also be included	40505
in the unit to which they would have been assigned had not the	40506
conversion taken place and shall be subject to the collective	40507
bargaining agreement for that unit unless a petition is certified	40508
as sufficient under division (A)(6) of this section with regard to	40509
those employees.	40510

Notwithstanding division (B) of section 4117.01 of the	40511
Revised Code, the board of education of a school district and not	40512
the governing authority of a community school shall be regarded,	40513
for purposes of Chapter 4117. of the Revised Code, as the "public	40514
employer" of the employees of a conversion community school	40515
subject to a collective bargaining agreement pursuant to division	40516
(A)(3) of this section unless a petition is certified under	40517
division (A)(6) of this section with regard to those employees.	40518
Only on and after the effective date of a petition certified as	40519
sufficient under division (A)(6) of this section shall division	40520
(A)(2) of this section apply to those employees of that community	40521
school and only on and after the effective date of that petition	40522
shall Chapter 4117. of the Revised Code apply to the governing	40523
authority of that community school with regard to those employees.	40524

(4) Notwithstanding sections 4117.03 to 4117.18 of the	40525
Revised Code and Section 4 of Amended Substitute Senate Bill No.	40526
133 of the 115th general assembly, the employees of a conversion	40527
community school who are subject to a collective bargaining	40528
agreement pursuant to division (A)(3) of this section shall cease	40529
to be subject to that agreement and all subsequent agreements	40530
pursuant to that division and shall cease to be part of the	40531
collective bargaining unit that is subject to that and all	40532
subsequent agreements, if a majority of the employees of that	40533
community school who are subject to that collective bargaining	40534
agreement sign and submit to the state employment relations board	40535
a petition requesting all of the following:	40536

(a) That all the employees of the community school who are	40537
subject to that agreement be removed from the bargaining unit that	40538
is subject to that agreement and be designated by the state	40539
employment relations board as a new and separate bargaining unit	40540
for purposes of Chapter 4117. of the Revised Code;	40541

(b) That the employee organization certified as the exclusive	40542
representative of the employees of the bargaining unit from which	40543
the employees are to be removed be certified as the exclusive	40544
representative of the new and separate bargaining unit for	40545
purposes of Chapter 4117. of the Revised Code;	40546

(c) That the governing authority of the community school be	40547
regarded as the "public employer" of these employees for purposes	40548
of Chapter 4117. of the Revised Code.	40549

(5) Notwithstanding sections 4117.03 to 4117.18 of the	40550
Revised Code and Section 4 of Amended Substitute Senate Bill No.	40551
133 of the 115th general assembly, the employees of a conversion	40552
community school who are subject to a collective bargaining	40553
agreement pursuant to division (A)(3) of this section shall cease	40554
to be subject to that agreement and all subsequent agreements	40555
pursuant to that division, shall cease to be part of the	40556
collective bargaining unit that is subject to that and all	40557
subsequent agreements, and shall cease to be represented by any	40558
exclusive representative of that collective bargaining unit, if a	40559
majority of the employees of the community school who are subject	40560
to that collective bargaining agreement sign and submit to the	40561
state employment relations board a petition requesting all of the	40562
following:	40563

(a) That all the employees of the community school who are	40564
subject to that agreement be removed from the bargaining unit that	40565
is subject to that agreement;	40566

(b) That any employee organization certified as the exclusive	40567
representative of the employees of that bargaining unit be	40568
decertified as the exclusive representative of the employees of	40569
the community school who are subject to that agreement;	40570

(c) That the governing authority of the community school be	40571
regarded as the "public employer" of these employees for purposes	40572
of Chapter 4117. of the Revised Code.	40573

(6) Upon receipt of a petition under division (A)(4) or (5)	40574
of this section, the state employment relations board shall check	40575
the sufficiency of the signatures on the petition. If the	40576
signatures are found sufficient, the board shall certify the	40577
sufficiency of the petition and so notify the parties involved,	40578
including the board of education, the governing authority of the	40579
community school, and any exclusive representative of the	40580
bargaining unit. The changes requested in a certified petition	40581
shall take effect on the first day of the month immediately	40582
following the date on which the sufficiency of the petition is	40583
certified under division (A)(6) of this section.	40584

(B)(1) The board of education of each city, local, and	40585
exempted village school district sponsoring a community school and	40586
the governing board of each educational service center in which a	40587
community school is located shall adopt a policy that provides a	40588
leave of absence of at least three years to each teacher or	40589
nonteaching employee of the district or service center who is	40590
employed by a conversion or new start-up community school	40591
sponsored by the district or located in the district or center for	40592
the period during which the teacher or employee is continuously	40593
employed by the community school. The policy shall also provide	40594
that any teacher or nonteaching employee may return to employment	40595
by the district or service center if the teacher or employee	40596
leaves or is discharged from employment with the community school	40597
for any reason, unless, in the case of a teacher, the board of the	40598
district or service center determines that the teacher was	40599
discharged for a reason for which the board would have sought to	40600
discharge the teacher under section 3319.16 of the Revised Code,	40601
in which case the board may proceed to discharge the teacher	40602
utilizing the procedures of that section. Upon termination of such	40603
a leave of absence, any seniority that is applicable to the person	40604
shall be calculated to include all of the following: all	40605
employment by the district or service center prior to the leave of	40606
absence; all employment by the community school during the leave	40607
of absence; and all employment by the district or service center	40608
after the leave of absence. The policy shall also provide that if	40609
any teacher holding valid certification returns to employment by	40610
the district or service center upon termination of such a leave of	40611
absence, the teacher shall be restored to the previous position	40612
and salary or to a position and salary similar thereto. If, as a	40613
result of teachers returning to employment upon termination of	40614
such leaves of absence, a school district or educational service	40615
center reduces the number of teachers it employs, it shall make	40616
such reductions in accordance with section 3319.17 or, if	40617
applicable, 3319.171 of the Revised Code.	40618

Unless a collective bargaining agreement providing otherwise	40619
is in effect for an employee of a conversion community school	40620
pursuant to division (A)(3) of this section, an employee on a	40621
leave of absence pursuant to this division shall remain eligible	40622
for any benefits that are in addition to benefits under Chapter	40623
3307. or 3309. of the Revised Code provided by the district or	40624
service center to its employees provided the employee pays the	40625
entire cost associated with such benefits, except that personal	40626
leave and vacation leave cannot be accrued for use as an employee	40627
of a school district or service center while in the employ of a	40628
community school unless the district or service center board	40629
adopts a policy expressly permitting this accrual.	40630

(2) While on a leave of absence pursuant to division (B)(1)	40631
of this section, a conversion community school shall permit a	40632
teacher to use sick leave accrued while in the employ of the	40633
school district from which the leave of absence was taken and	40634
prior to commencing such leave. If a teacher who is on such a	40635
leave of absence uses sick leave so accrued, the cost of any	40636
salary paid by the community school to the teacher for that time	40637
shall be reported to the department of education. The cost of	40638
employing a substitute teacher for that time shall be paid by the	40639
community school. The department of education shall add amounts to	40640
the payments made to a community school under this chapter and	40641
section 3306.16 of the Revised Code as necessary to cover the cost	40642
of salary reported by a community school as paid to a teacher	40643
using sick leave so accrued pursuant to this section. The	40644
department shall subtract the amounts of any payments made to	40645
community schools under this division from payments made to such	40646
sponsoring school district under ~~Chapter~~Chapters 3306. and 3317.	40647
of the Revised Code.	40648

A school district providing a leave of absence and employee	40649
benefits to a person pursuant to this division is not liable for	40650
any action of that person while the person is on such leave and	40651
employed by a community school.	40652

Sec. 3314.102. Each community school shall do both of the	40653
following in the same manner as required of a school district:	40654

(A) Comply with the provisions of section 3319.074 of the	40655
Revised Code, except that the prohibition in division (B) of that	40656
section shall apply only to teachers hired by the school on or	40657
after the effective date of this section;	40658

(B) Employ as classroom teachers only persons who are	40659
licensed under sections 3319.22 to 3319.31 of the Revised Code in	40660
a manner that is in compliance with any rules of the state board	40661
of education that either implement those sections or otherwise	40662
require teachers to teach in the subject areas or grade levels for	40663
which they are licensed.	40664

A community school may engage persons issued permits under	40665
section 3319.301 of the Revised Code in the same manner as may	40666
school districts.	40667

Sec. 3314.19. The sponsor of each community school annually	40668
shall provide the following assurances in writing to the	40669
department of education not later than ten business days prior to	40670
the opening of the school:	40671

(A) That the sponsor has filed a current copy of the contract	40672
between the sponsor and the governing authority of the school	40673
entered into under section 3314.03 of the Revised Code ~~has been~~	40674
~~filed~~ with the state office of community schools established	40675
under section 3314.11 of the Revised Code and that the sponsor	40676
will file any subsequent modifications to that contract ~~will be~~	40677
~~filed~~ with the office;	40678

(B) That the school has submitted to the sponsor a plan for	40679
providing special education and related services to students with	40680
disabilities and has demonstrated the capacity to provide those	40681
services in accordance with Chapter 3323. of the Revised Code and	40682
federal law;	40683

(C) That the school has a plan and procedures for	40684
administering the achievement ~~tests~~ and diagnostic assessments	40685
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	40686
Revised Code;	40687

(D) That school personnel have the necessary training,	40688
knowledge, and resources to properly use and submit information to	40689
all databases maintained by the department for the collection of	40690
education data, including the education management information	40691
system established under section 3301.0714 of the Revised Code in	40692
accordance with methods and timelines established under section	40693
3314.17 of the Revised Code;	40694

(E) That the school has submitted all required information	40695
about the school ~~has been submitted~~ to the Ohio education	40696
directory system or any successor system;	40697

(F) That the school will enroll at least the minimum number	40698
of students required by division (A)(11)(a) of section 3314.03 of	40699
the Revised Code in the school year for which the assurances are	40700
provided;	40701

(G) That all classroom teachers are licensed in accordance	40702
with ~~sections 3319.22 to 3319.31 of the Revised Code, except for~~	40703
~~noncertificated persons engaged to teach up to twelve hours per~~	40704
~~week pursuant to~~ section ~~3319.301~~3314.102 of the Revised Code;	40705

(H) That the school's fiscal officer is in compliance with	40706
section 3314.011 of the Revised Code;	40707

(I) That the school has complied with sections 3319.39 and	40708
3319.391 of the Revised Code with respect to all employees, that	40709
the school has complied with section 3314.41 of the Revised Code	40710
with respect to persons described in division (B) of that section,	40711
and that the school has conducted a criminal records check of	40712
each of its governing authority members;	40713

(J) That the school holds all of the following:

40714

(1) Proof of property ownership or a lease for the facilities	40715
used by the school;	40716

(2) A certificate of occupancy;

40717

(3) Liability insurance for the school, as required by	40718
division (A)(11)(b) of section 3314.03 of the Revised Code, that	40719
the sponsor considers sufficient to indemnify the school's	40720
facilities, staff, and governing authority against risk;	40721

(4) A satisfactory health and safety inspection;

40722

(5) A satisfactory fire inspection;

40723

(6) A valid food permit, if applicable.

40724

(K) That the sponsor has conducted a pre-opening site visit	40725
to the school for the school year for which the assurances are	40726
provided;	40727

(L) That the school has designated a date it will open for	40728
the school year for which the assurances are provided that is in	40729
compliance with division (A)(25) of section 3314.03 of the Revised	40730
Code;	40731

(M) That the school has met all of the sponsor's requirements	40732
for opening and any other requirements of the sponsor.	40733

Sec. 3314.191. The sponsor of a community school is subject	40734
to this section if the sponsor fails to take an action described	40735
in division (A) or (K) of section 3314.19 of the Revised Code with	40736
respect to one or more of the community schools it sponsors, or if	40737
one or more of the community schools it sponsors fails to meet any	40738
of the criteria specified in divisions (B) to (J), (L), and (M) of	40739
that section.	40740

(A) In any year in which a sponsor becomes subject to this	40741
section, the department of education shall provide the sponsor	40742
with technical assistance to bring the sponsor or the community	40743
school into compliance with the criteria specified in section	40744
3314.19 of the Revised Code, and the sponsor shall take both of	40745
the following actions:	40746

(1) Develop and submit to the department a three-year	40747
operations improvement plan containing all of the following:	40748

(a) An analysis of the reasons for the sponsor's failure to	40749
comply with the criteria and to assure that the community schools	40750
it sponsors comply with the criteria;	40751

(b) Specific strategies the sponsor will use to address the	40752
problems in meeting the criteria;	40753

(c) Identification of the resources the sponsor will use to	40754
meet the criteria and to assure that the schools it sponsors meet	40755
the criteria;	40756

(d) A description of how the sponsor will measure its	40757
progress in meeting the criteria and assuring that the schools it	40758
sponsors meet the criteria.	40759

(2) Notify the parent or guardian of each student enrolled in	40760
each community school it sponsors with respect to which the	40761
criteria were not met, either in writing or by electronic means,	40762
of the criteria the sponsor or the school did not meet, the	40763
actions the sponsor is taking toward meeting the criteria and	40764
assuring that the school meets the criteria, and any progress the	40765
sponsor has achieved in the immediately preceding school year	40766
toward meeting the criteria and assuring that the school meets the	40767
criteria.	40768

(B) If a sponsor becomes subject to this section in a second	40769
consecutive year, both of the following apply:	40770

(1) The sponsor shall take the actions required by divisions	40771
(A)(1) and (2) of this section;	40772

(2) The department shall declare the sponsor to be in	40773
probationary status, and monitor the sponsor's actions to	40774
implement remedies, in accordance with division (D) of section	40775
3314.015 of the Revised Code. The department may suspend or	40776
restrict the sponsor's authority to sponsor community schools	40777
under divisions (D)(3) and (4) of that section if the department	40778
finds that the remedies offered by the sponsor are not	40779
satisfactory, or if the department finds that the sponsor is not	40780
taking actions necessary to implement those remedies.	40781

(C) If a sponsor becomes subject to this section in a third	40782
consecutive year, the department shall revoke the sponsor's	40783
authority to sponsor community schools in accordance with division	40784
(C) of section 3314.015 of the Revised Code.	40785

(D) The department's suspension, restriction, or revocation	40786
of the sponsorship authority of a sponsor that is subject to this	40787
section is subject to appeal under division (E) of section	40788
3314.015 of the Revised Code.	40789

(E) This section does not restrict the department's authority	40790
otherwise to place a sponsor on probationary status, or otherwise	40791
to suspend, restrict, or revoke a sponsor's authority, under	40792
section 3314.015 of the Revised Code.	40793

Sec. 3314.192. (A) The sponsor of each community school	40794
annually shall report to the department of education, not later	40795
than ten business days prior to the opening of the school, whether	40796
the school's governing authority has entered into a contract with	40797
an operator for that school year. The sponsor shall also report to	40798
the department any additional information about the operator and	40799
contract the superintendent of public instruction specifies by	40800
rule.	40801

(B) The department shall post the information reported under	40802
division (A) of this section on its web site.	40803

(C) If there is any change in the contract between the	40804
governing authority of a community school and the school's	40805
operator during the course of the school year, the governing	40806
authority shall notify the school's sponsor of the change not	40807
later than thirty days after the change is made. If the change	40808
involves any of the information reported under division (A) of	40809
this section, the sponsor shall report the change to the	40810
department not later than thirty days after receiving notification	40811
of the change from the school's governing authority. The	40812
department shall update its web site to reflect the change not	40813
later than thirty days after receiving the report of the change	40814
from the school's sponsor.	40815

Sec. 3314.21. (A) As used in this section:

40816

(1) "Harmful to juveniles" has the same meaning as in section	40817
2907.01 of the Revised Code.	40818

(2) "Obscene" has the same meaning as in division (F) of	40819
section 2907.01 of the Revised Code as that division has been	40820
construed by the supreme court of this state.	40821

(3) "Teacher of record" means a teacher who is responsible	40822
for the overall academic development and achievement of a student	40823
and not merely the student's instruction in any single subject.	40824

(B)~~(1)It~~(1) It is the intent of the general assembly that	40825
teachers employed by internet- or computer-based community schools	40826
conduct visits with their students in person throughout the school	40827
year.	40828

(2) Each internet- or computer-based community school shall	40829
retain an affiliation with at least one full-time teacher of	40830
record licensed in accordance with ~~division (A)(10) of~~ section	40831
~~3314.03~~3314.102 of the Revised Code.	40832

(3) Each student enrolled in an internet- or computer-based	40833
community school shall be assigned to at least one teacher of	40834
record. No teacher of record shall be primarily responsible for	40835
the academic development and achievement of more than one hundred	40836
twenty-five students enrolled in the internet- or computer-based	40837
community school that has retained that teacher.	40838

(C) For any internet- or computer-based community school, the	40839
contract between the sponsor and the governing authority of the	40840
school described in section 3314.03 of the Revised Code shall	40841
specify each of the following:	40842

(1) A requirement that the school use a filtering device or	40843
install filtering software that protects against internet access	40844
to materials that are obscene or harmful to juveniles on each	40845
computer provided to students for instructional use. The school	40846
shall provide such device or software at no cost to any student	40847
who works primarily from the student's residence on a computer	40848
obtained from a source other than the school.	40849

(2) A plan for fulfilling the intent of the general assembly	40850
specified in division (B)(1) of this section. The plan shall	40851
indicate the number of times teachers will visit each student	40852
throughout the school year and the manner in which those visits	40853
will be conducted.	40854

(3) That the school will set up a central base of operation	40855
and the sponsor will maintain a representative within fifty miles	40856
of that base of operation to provide monitoring and assistance.	40857

Sec. 3314.25. Each internet- or computer-based community	40858
school shall provide its students a location within a fifty-mile	40859
radius of the student's residence at which to complete the	40860
statewide achievement ~~tests~~ and diagnostic assessments prescribed	40861
under sections 3301.079 ~~and~~, 3301.0710, and 3301.0712 of the	40862
Revised Code.	40863

Sec. 3314.26. (A) Each internet- or computer-based community	40864
school shall withdraw from the school any student who, for two	40865
consecutive school years, has failed to participate in the spring	40866
administration of any ~~test~~assessment prescribed under section	40867
3301.0710 or 3301.0712 of the Revised Code for the student's	40868
grade level and was not excused from the ~~test~~assessment pursuant	40869
to division (C)(1) or (3) of section 3301.0711 of the Revised	40870
Code, regardless of whether a waiver was granted for the student	40871
under division ~~(Q)~~(N)(3) of section 3314.08 of the Revised Code.	40872
The school shall report any such student's data verification	40873
code, as assigned pursuant to section 3301.0714 of the Revised	40874
Code, to the department of education. The department shall	40875
maintain a list of all data verification codes reported under	40876
this division and section 3313.6410 of the Revised Code and	40877
provide that list to each internet- or computer-based community	40878
school and to each school to which section 3313.6410 of the	40879
Revised Code applies.	40880

(B) No internet- or computer-based community school shall	40881
receive any state funds under this chapter for any enrolled	40882
student whose data verification code appears on the list	40883
maintained by the department under division (A) of this section.	40884

Notwithstanding any provision of the Revised Code to the	40885
contrary, the parent of any such student shall pay tuition to the	40886
internet- or computer-based community school in an amount equal to	40887
the state funds the school otherwise would receive for that	40888
student, as determined by the department. An internet- or	40889
computer-based community school may withdraw any student for whom	40890
the parent does not pay tuition as required by this division.	40891

Sec. 3314.35. (A)(1) Except as provided in division	40892
(A)~~(2)~~(3) of this section, this section applies to any community	40893
school that meets one of the following criteria after July 1,	40894
2008, but before July 1, 2009:	40895

(a) The school does not offer a grade level higher than three	40896
and has been declared to be in a state of academic emergency under	40897
section 3302.03 of the Revised Code for four consecutive school	40898
years.	40899

(b) The school satisfies all of the following conditions:

40900

(i) The school offers any of grade levels four to eight but	40901
does not offer a grade level higher than nine.	40902

(ii) The school has been declared to be in a state of	40903
academic emergency under section 3302.03 of the Revised Code for	40904
three consecutive school years.	40905

(iii) For two of those school years, the school showed less	40906
than one standard year of academic growth in either reading or	40907
mathematics, as determined by the department of education in	40908
accordance with rules adopted under division (A) of section	40909
3302.021 of the Revised Code.	40910

40911

(i) The school offers any of grade levels ten to twelve.

40912

(ii) The school has been declared to be in a state of	40913
academic emergency under section 3302.03 of the Revised Code for	40914
three consecutive school years.	40915

(iii) For two of those school years, the school showed less	40916
than two standard years of academic growth in either reading or	40917
mathematics, as determined by the department in accordance with	40918
rules adopted under division (A) of section 3302.021 of the	40919
Revised Code.	40920

(2) Except as provided in division (A)(3) of this section,	40921
this section applies to any community school that meets one of the	40922
following criteria after July 1, 2009:	40923

(a) The school does not offer a grade level higher than three	40924
and has been declared to be in a state of academic emergency under	40925
section 3302.03 of the Revised Code for three of the four most	40926
recent school years.	40927

(b) The school satisfies all of the following conditions:

40928

(i) The school offers any of grade levels four to eight but	40929
does not offer a grade level higher than nine.	40930

(ii) The school has been declared to be in a state of	40931
academic emergency under section 3302.03 of the Revised Code for	40932
two of the three most recent school years.	40933

(iii) In at least two of the three most recent school years,	40934
the school showed less than one standard year of academic growth	40935
in either reading or mathematics, as determined by the department	40936
in accordance with rules adopted under division (A) of section	40937
3302.021 of the Revised Code.	40938

(c) The school offers any of grade levels ten to twelve and	40939
has been declared to be in a state of academic emergency under	40940
section 3302.03 of the Revised Code for three of the four most	40941
recent school years.	40942

(3) This section does not apply to ~~any~~either of the	40943
following:	40944

(a) Any community school in which a majority of the students	40945
are enrolled in a dropout prevention and recovery program that is	40946
operated by the school and that has been granted a waiver under	40947
section 3314.36 of the Revised Code;	40948

(b) Any community school in which a majority of the enrolled	40949
students are children with disabilities receiving special	40950
education and related services in accordance with Chapter 3323. of	40951
the Revised Code.	40952

(B) Any community school to which this section applies shall	40953
permanently close at the conclusion of the school year in which	40954
the school first becomes subject to this section. The sponsor and	40955
governing authority of the school shall comply with all procedures	40956
for closing a community school adopted by the department under	40957
division ~~(E)~~(F) of section 3314.015 of the Revised Code. The	40958
governing authority of the school shall not enter into a contract	40959
with any other sponsor under section 3314.03 of the Revised Code	40960
after the school closes.	40961

(C) Not later than July 1, 2008, the department shall	40962
determine the feasibility of using the value-added progress	40963
dimension, as defined in section 3302.01 of the Revised Code, as a	40964
factor in evaluating the academic performance of community schools	40965
described in division (A)(1)(c)(i) of this section.	40966
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,	40967
if the department determines that using the value-added progress	40968
dimension to evaluate community schools described in division	40969
(A)(1)(c)(i) of this section is not feasible, a community school	40970
described in that division shall be required to permanently close	40971
under this section only if it has been declared to be in a state	40972
of academic emergency under section 3302.03 of the Revised Code	40973
for four consecutive school years.	40974

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	40975
not apply to any community school in which a majority of the	40976
students are enrolled in a dropout prevention and recovery program	40977
that is operated by the school and that has been granted a waiver	40978
by the department of education. The department shall grant a	40979
waiver to a dropout prevention and recovery program, within sixty	40980
days after the program applies for the waiver, if the program	40981
meets all of the following conditions:	40982

(1) The program serves only students not younger than sixteen	40983
years of age and not older than twenty-one years of age.	40984

(2) The program enrolls students who, at the time of their	40985
initial enrollment, either, or both, are at least one grade level	40986
behind their cohort age groups or experience crises that	40987
significantly interfere with their academic progress such that	40988
they are prevented from continuing their traditional programs.	40989

(3) The program requires students to attain at least the	40990
applicable score designated for each of the ~~tests~~assessments	40991
prescribed under division (B)(1) of section 3301.0710 of the	40992
Revised Code or, to the extent prescribed by rule of the state	40993
board of education under division (E)(6) of section 3301.0712 of	40994
the Revised Code, division (B)(2) of that section.	40995

(4) The program develops an individual career plan for the	40996
student that specifies the student's matriculating to a two-year	40997
degree program, acquiring a business and industry credential, or	40998
entering an apprenticeship.	40999

(5) The program provides counseling and support for the	41000
student related to the plan developed under division (A)(4) of	41001
this section during the remainder of the student's high school	41002
experience.	41003

(6) Prior to receiving the waiver, the program has submitted	41004
to the department an instructional plan that demonstrates how the	41005
academic content standards adopted by the state board of education	41006
under section 3301.079 of the Revised Code will be taught and	41007
assessed.	41008

If the department does not act either to grant the waiver or	41009
to reject the program application for the waiver within sixty days	41010
as required under this section, the waiver shall be considered to	41011
be granted.	41012

(B) Notwithstanding division (A) of this section, the	41013
department shall not grant a waiver to any community school that	41014
did not qualify for a waiver under this section when it initially	41015
began operations, unless the state board of education approves the	41016
waiver.	41017

~~Sec. 269.60.60.~~ Sec. 3314.38. ~~UNAUDITABLE COMMUNITY SCHOOL~~

41018

(A) If the ~~Auditor~~auditor of ~~State~~state or a public	41019
accountant, pursuant to section 117.41 of the Revised Code,	41020
declares a community school established under ~~Chapter 3314. of~~	41021
~~the Revised Code~~this chapter to be unauditable, the ~~Auditor~~	41022
auditor of ~~State~~state shall provide written notification of that	41023
declaration to the school, the school's sponsor, and the	41024
~~Department~~department of ~~Education~~education. The ~~Auditor~~auditor	41025
of ~~State~~state also shall post the notification on the ~~Auditor~~	41026
auditor of ~~State's~~state's web site.	41027

(B) Notwithstanding any provision to the contrary in ~~Chapter~~	41028
~~3314. of the Revised Code~~this chapter or any other provision of	41029
law, a sponsor of a community school that is notified by the	41030
~~Auditor~~auditor of ~~State~~state under division (A) of this section	41031
that a community school it sponsors is unauditable shall not	41032
enter into contracts with any additional community schools under	41033
section 3314.03 of the Revised Code until the ~~Auditor~~auditor of	41034
~~State~~state or a public accountant has completed a financial	41035
audit of that school.	41036

(C) Not later than forty-five days after receiving	41037
notification by the ~~Auditor~~auditor of ~~State~~state under division	41038
(A) of this section that a community school is unauditable, the	41039
sponsor of the school shall provide a written response to the	41040
~~Auditor~~auditor of ~~State~~state. The response shall include the	41041
following:	41042

(1) An overview of the process the sponsor will use to review	41043
and understand the circumstances that led to the community school	41044
becoming unauditable;	41045

(2) A plan for providing the ~~Auditor~~auditor of ~~State~~state	41046
with the documentation necessary to complete an audit of the	41047
community school and for ensuring that all financial documents	41048
are available in the future;	41049

(3) The actions the sponsor will take to ensure that the plan	41050
described in division (C)(2) of this section is implemented.	41051

(D) If a community school fails to make reasonable efforts	41052
and continuing progress to bring its accounts, records, files, or	41053
reports into an auditable condition within ninety days after being	41054
declared unauditable, the ~~Auditor~~auditor of ~~State~~state, in	41055
addition to requesting legal action under sections 117.41 and	41056
117.42 of the Revised Code, shall notify the ~~Department~~	41057
department of the school's failure. If the ~~Auditor~~auditor of	41058
~~State~~state or a public accountant subsequently is able to	41059
complete a financial audit of the school, the ~~Auditor~~auditor of	41060
~~State~~state shall notify the ~~Department~~department that the audit	41061
has been completed.	41062

(E) Notwithstanding any provision to the contrary in ~~Chapter~~	41063
~~3314. of the Revised Code~~this chapter or any other provision of	41064
law, upon notification by the ~~Auditor~~auditor of ~~State~~state	41065
under division (D) of this section that a community school has	41066
failed to make reasonable efforts and continuing progress to	41067
bring its accounts, records, files, or reports into an auditable	41068
condition following a declaration that the school is unauditable,	41069
the ~~Department~~department shall immediately cease all payments to	41070
the school under ~~Chapter 3314. of the Revised Code~~this chapter	41071
and any other provision of law. Upon subsequent notification from	41072
the ~~Auditor~~auditor of ~~State~~state under that division that the	41073
~~Auditor~~auditor of ~~State~~state or a public accountant was able to	41074
complete a financial audit of the community school, the	41075
~~Department~~department shall release all funds withheld from the	41076
school under this section.	41077

Sec. 3314.39. (A) The department of education shall conduct	41078
an on-site visit of each community school at least every five	41079
years to evaluate the school's operations. During each visit, the	41080
department shall do all of the following:	41081

(1) Determine if the school has complied with the terms of	41082
the contract with its sponsor;	41083

(2) Determine if the school has complied with all laws	41084
regarding community school academic and fiscal accountability and	41085
with all other applicable laws and administrative rules;	41086

(3) Corroborate the information reported to the department by	41087
the sponsor under division (D)(3) of section 3314.03 of the	41088
Revised Code;	41089

(4) Review the school's progress in implementing a continuous	41090
improvement plan developed under division (B) of section 3302.04	41091
of the Revised Code, if applicable.	41092

(B) Each on-site visit conducted under this section shall	41093
include school tours, classroom observations, and interviews with	41094
administrators, teachers, other school staff, parents, or	41095
students.	41096

(C) Each community school shall provide any data, documents,	41097
or other materials the department considers necessary to enable it	41098
to conduct a thorough on-site visit.	41099

(D) Upon completion of each on-site visit, the department	41100
shall issue a written report summarizing its findings. The	41101
department shall provide a copy of the report to the sponsor and	41102
governing authority of the community school. The sponsor or the	41103
governing authority may submit factual corrections to the	41104
department by a deadline established by the department. Upon	41105
receipt of any factual corrections, the department shall revise	41106
the report and issue a final version. The department shall post	41107
the final version of the report on its web site.	41108

(E) The sponsor of a community school may consider findings	41109
contained in the report issued under division (D) of this section	41110
in deciding whether to place the school in probationary status	41111
pursuant to section 3314.073 of the Revised Code, suspend the	41112
operation of the school pursuant to section 3314.072 of the	41113
Revised Code, or terminate the school's contract pursuant to	41114
section 3314.07 of the Revised Code. If the sponsor fails to take	41115
any of these actions that the department determines are warranted	41116
based on the findings in the report, the department may revoke the	41117
sponsor's approval to sponsor community schools in accordance with	41118
division (C) of section 3314.015 of the Revised Code.	41119

(F) Any on-site visit required by this section may be	41120
conducted in conjunction with a site evaluation required under	41121
division (D) of section 3302.04 of the Revised Code.	41122

(G) The state board of education shall adopt rules to	41123
implement this section.	41124

Sec. 3314.42. (A) The governing authority of each community	41125
school established under this chapter shall submit to the school's	41126
sponsor a copy of any corrective action plan for the school	41127
required by the department of education, including a corrective	41128
action plan required under division (L) of section 3301.0714 of	41129
the Revised Code. The chief administrative officer of that sponsor	41130
shall review and sign the corrective action plan and return it to	41131
the governing authority. The signature of the sponsor's chief	41132
administrative officer shall signify the sponsor's receipt of	41133
notice of the content of the corrective action plan.	41134

(B) The sponsor shall monitor and may assist the school's	41135
implementation of the corrective action plan.	41136

(C) The school's failure to submit any corrective action plan	41137
required by the department to the chief administrative officer of	41138
the school's sponsor or to implement all of the provisions of a	41139
corrective action plan may be considered by the sponsor when	41140
determining whether to take any action under section 3314.07,	41141
3314.072, or 3314.073 of the Revised Code.	41142

Sec. 3314.43. For purposes of section 3319.321 of the	41143
Revised Code, the sponsor of a community school established under	41144
this chapter shall be an "educational institution," to which the	41145
records of a pupil enrolled in the school may be released for a	41146
legitimate educational purpose without the consent of the pupil or	41147
the pupil's parent, guardian, or custodian in accordance with that	41148
section. The sponsor shall handle any educational records released	41149
to the sponsor in accordance with the requirements of that section	41150
and the "Family Educational Rights and Privacy Act of 1974," 20	41151
U.S.C. 1232g.	41152

Sec. 3314.44. (A) If a community school established under	41153
this chapter closes for any reason, the chief administrative	41154
officer of the school at the time the school closes shall in good	41155
faith take all reasonable steps necessary to collect and assemble	41156
in an orderly manner the educational records of each student who	41157
is or has been enrolled in the school so that those records may be	41158
transmitted in accordance with this division. The chief	41159
administrative officer shall transmit the records to the	41160
department of education, in the manner and by the date prescribed	41161
by the department.	41162

(B) No person required to collect, assemble, and transmit	41163
student records under division (A) of this section shall fail to	41164
comply with that division.	41165

(C) Whoever violates division (B) of this section is guilty	41166
of a misdemeanor in the third degree.	41167

Sec. 3315.17. (A) The board of education of each city,	41168
exempted village, local, and joint vocational school district	41169
shall establish a textbook and instructional materials fund. Each	41170
board annually shall deposit into that fund an amount derived from	41171
revenues received by the district for operating expenses that is	41172
equal to three per cent of the formula amount for the preceding	41173
fiscal year, as defined in section 3317.02 of the Revised Code, or	41174
another percentage if established by the auditor of state under	41175
division (C) of this section, multiplied by the district's student	41176
population for the preceding fiscal year. Money in the fund shall	41177
be used solely for textbooks, instructional software, and	41178
instructional materials, supplies, and equipment. Any money in the	41179
fund that is not used in any fiscal year shall carry forward to	41180
the next fiscal year.	41181

(B)(1) Notwithstanding division (A) of this section, if in a	41182
fiscal year a district board deposits in the textbook and	41183
instructional materials fund an amount of money greater than the	41184
amount required to be deposited by this section or the rules	41185
adopted under division (C) of this section, the board may deduct	41186
the excess amount of money from the amount of money required to be	41187
deposited in succeeding fiscal years.	41188

(2) Notwithstanding division (A) of this section, in any year	41189
a district is in fiscal emergency status as declared pursuant to	41190
section 3316.03 of the Revised Code, the district may deposit an	41191
amount less than required by division (A) of this section, or make	41192
no deposit, into the district textbook and instructional materials	41193
fund for that year.	41194

(3) Notwithstanding division (A) of this section, in any	41195
fiscal year that a school district is either in fiscal watch	41196
status, as declared pursuant to section 3316.03 of the Revised	41197
Code, or in fiscal caution status, as declared pursuant to section	41198
3316.031 of the Revised Code, the district may apply to the	41199
superintendent of public instruction for a waiver from the	41200
requirements of division (A) of this section, under which the	41201
district may be permitted to deposit an amount less than required	41202
by that division or permitted to make no deposit into the district	41203
textbook and instructional materials fund for that year. The	41204
superintendent may grant a waiver under division (B)(3) of this	41205
section if the district demonstrates to the satisfaction of the	41206
superintendent that compliance with division (A) of this section	41207
that year will create an undue financial hardship on the district.	41208

(4) Notwithstanding division (A) of this section, not more	41209
often than one fiscal year in every three consecutive fiscal	41210
years, any school district that does not satisfy the conditions	41211
for the exemption described in division (B)(2) of this section or	41212
the conditions to apply for the waiver described in division	41213
(B)(3) of this section may apply to the superintendent of public	41214
instruction for a waiver from the requirements of division (A) of	41215
this section, under which the district may be permitted to deposit	41216
an amount less than required by that division or permitted to make	41217
no deposit into the district textbook and instructional materials	41218
fund for that year. The superintendent may grant a waiver under	41219
division (B)(4) of this section if the district demonstrates to	41220
the satisfaction of the superintendent that compliance with	41221
division (A) of this section that year will necessitate the	41222
reduction or elimination of a program currently offered by the	41223
district that is critical to the academic success of students of	41224
the district and that no reasonable alternatives exist for	41225
spending reductions in other areas of operation within the	41226
district that negate the necessity of the reduction or elimination	41227
of that program.	41228

(C) The state superintendent of public instruction and the	41229
auditor of state jointly shall adopt rules in accordance with	41230
Chapter 119. of the Revised Code defining what constitutes	41231
textbooks, instructional software, and instructional materials,	41232
supplies, and equipment for which money in a school district's	41233
textbook and instructional materials fund may be used. The auditor	41234
of state also may designate a percentage, other than three per	41235
cent, of the formula amount multiplied by the district's student	41236
population that must be deposited into the fund.	41237

(D) Notwithstanding division (A) of this section, a district	41238
board of education in any fiscal year may appropriate money in the	41239
district textbook and instructional materials fund for purposes	41240
other than those permitted by that division if both of the	41241
following occur during that fiscal year:	41242

(1) All of the following certify to the district board in	41243
writing that the district has sufficient textbooks, instructional	41244
software, and instructional materials, supplies, and equipment to	41245
ensure a thorough and efficient education within the district:	41246

(a) The district superintendent;

41247

(b) ~~In districts required to have a business advisory~~	41248
~~council, a~~A person designated by vote of the district's business	41249
advisory council;	41250

(c) If the district teachers are represented by an exclusive	41251
bargaining representative for purposes of Chapter 4117. of the	41252
Revised Code, the president of that organization or the	41253
president's designee.	41254

(2) The district board adopts, by unanimous vote of all	41255
members of the board, a resolution stating that the district has	41256
sufficient textbooks, instructional software, and instructional	41257
materials, supplies, and equipment to ensure a thorough and	41258
efficient education within the district.	41259

(E) Notwithstanding any provision to the contrary in Chapter	41260
4117. of the Revised Code, the requirements of this section	41261
prevail over any conflicting provisions of agreements between	41262
employee organizations and public employers entered into on or	41263
after November 21, 1997.	41264

(F) As used in this section and in section 3315.18 of the	41265
Revised Code, "student population" means the average, daily,	41266
full-time-equivalent number of students in kindergarten through	41267
twelfth grade receiving any educational services from the school	41268
district during the first full school week in October, excluding	41269
students enrolled in adult education classes, but including all of	41270
the following:	41271

(1) Adjacent or other district students enrolled in the	41272
district under an open enrollment policy pursuant to section	41273
3313.98 of the Revised Code;	41274

(2) Students receiving services in the district pursuant to a	41275
compact, cooperative education agreement, or a contract, but who	41276
are entitled to attend school in another district pursuant to	41277
section 3313.64 or 3313.65 of the Revised Code;	41278

(3) Students for whom tuition is payable pursuant to sections	41279
3317.081 and 3323.141 of the Revised Code.	41280

The department of education shall determine a district's	41281
student population using data reported to it under section 3317.03	41282
of the Revised Code for the applicable fiscal year.	41283

Sec. 3315.37. The board of education of a school district	41284
may establish a teacher education loan program and may expend	41285
school funds for the program. The program shall be for the purpose	41286
of making loans to students who are residents of the school	41287
district or graduates of schools in the school district, who are	41288
enrolled in teacher preparation programs at institutions approved	41289
by the ~~state board~~chancellor of the Ohio board of regents	41290
pursuant to section ~~3319.23~~3333.048 of the Revised Code, and who	41291
indicate an intent to teach in the school district providing the	41292
loan. The district board may forgive the obligation to repay any	41293
or all of the principal and interest on the loan if the borrower	41294
teaches in that school district.	41295

The district board shall adopt rules establishing eligibility	41296
criteria, application procedures, procedures for review of	41297
applications, loan amounts, interest, repayment schedules,	41298
conditions under which principal and interest obligations incurred	41299
under the program will be forgiven, and any other matter	41300
incidental to the operation of the program.	41301

The board may contract with a private, nonprofit foundation,	41302
one or more institutions of higher education, or other educational	41303
agencies to administer the program.	41304

The receipt of a loan under this section does not affect a	41305
student's eligibility for assistance, or the amount of such	41306
assistance, granted under section 3315.33, 3333.12, 3333.122,	41307
3333.22, 3333.26, ~~3333.27,~~ 5910.04, or 5919.34 of the Revised	41308
Code, but the board's rules may provide for taking such assistance	41309
into consideration when determining a student's eligibility for a	41310
loan under this section.	41311

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	41312
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	41313
subject to the approval of the superintendent of public	41314
instruction, a school district that is in a state of fiscal watch	41315
declared under section 3316.03 of the Revised Code may restructure	41316
or refinance loans obtained or in the process of being obtained	41317
under section 3313.483 of the Revised Code if all of the following	41318
requirements are met:	41319

(1) The operating deficit certified for the school district	41320
for the current or preceding fiscal year under section 3313.483 of	41321
the Revised Code exceeds fifteen per cent of the district's	41322
general revenue fund for the fiscal year preceding the year for	41323
which the certification of the operating deficit is made.	41324

(2) The school district voters have, during the period of the	41325
fiscal watch, approved the levy of a tax under section 718.09,	41326
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	41327
not a renewal or replacement levy, or a levy under section	41328
5705.199 of the Revised Code, and that will provide new operating	41329
revenue.	41330

(3) The board of education of the school district has adopted	41331
or amended the financial plan required by section 3316.04 of the	41332
Revised Code to reflect the restructured or refinanced loans, and	41333
sets forth the means by which the district will bring projected	41334
operating revenues and expenditures, and projected debt service	41335
obligations, into balance for the life of any such loan.	41336

(B) Subject to the approval of the superintendent of public	41337
instruction, the school district may issue securities to evidence	41338
the restructuring or refinancing authorized by this section. Such	41339
securities may extend the original period for repayment not to	41340
exceed ten years, and may alter the frequency and amount of	41341
repayments, interest or other financing charges, and other terms	41342
or agreements under which the loans were originally contracted,	41343
provided the loans received under sections 3313.483 of the Revised	41344
Code are repaid from funds the district would otherwise receive	41345
under ~~sections 3317.022 to 3317.025~~Chapter 3306. of the Revised	41346
Code, as required under division (E)(3) of section 3313.483 of	41347
the Revised Code. Securities issued for the purpose of	41348
restructuring or refinancing under this section shall be repaid	41349
in equal payments and at equal intervals over the term of the	41350
debt and are not eligible to be included in any subsequent	41351
proposal to restructure or refinance.	41352

(C) Unless the district is declared to be in a state of	41353
fiscal emergency under division (D) of section 3316.04 of the	41354
Revised Code, a school district shall remain in a state of fiscal	41355
watch for the duration of the repayment period of any loan	41356
restructured or refinanced under this section.	41357

Sec. 3316.06. (A) Within one hundred twenty days after the	41358
first meeting of a school district financial planning and	41359
supervision commission, the commission shall adopt a financial	41360
recovery plan regarding the school district for which the	41361
commission was created. During the formulation of the plan, the	41362
commission shall seek appropriate input from the school district	41363
board and from the community. This plan shall contain the	41364
following:	41365

(1) Actions to be taken to:

41366

(a) Eliminate all fiscal emergency conditions declared to	41367
exist pursuant to division (B) of section 3316.03 of the Revised	41368
Code;	41369

(b) Satisfy any judgments, past-due accounts payable, and all	41370
past-due and payable payroll and fringe benefits;	41371

(c) Eliminate the deficits in all deficit funds, except that	41372
any prior year deficits in the textbook and instructional	41373
materials fund established pursuant to section 3315.17 of the	41374
Revised Code and the capital and maintenance fund established	41375
pursuant to section 3315.18 of the Revised Code shall be forgiven;	41376

(d) Restore to special funds any moneys from such funds that	41377
were used for purposes not within the purposes of such funds, or	41378
borrowed from such funds by the purchase of debt obligations of	41379
the school district with the moneys of such funds, or missing from	41380
the special funds and not accounted for, if any;	41381

(e) Balance the budget, avoid future deficits in any funds,	41382
and maintain on a current basis payments of payroll, fringe	41383
benefits, and all accounts;	41384

(f) Avoid any fiscal emergency condition in the future;

41385

(g) Restore the ability of the school district to market	41386
long-term general obligation bonds under provisions of law	41387
applicable to school districts generally.	41388

(2) The management structure that will enable the school	41389
district to take the actions enumerated in division (A)(1) of this	41390
section. The plan shall specify the level of fiscal and management	41391
control that the commission will exercise within the school	41392
district during the period of fiscal emergency, and shall	41393
enumerate respectively, the powers and duties of the commission	41394
and the powers and duties of the school board during that period.	41395
The commission may elect to assume any of the powers and duties of	41396
the school board it considers necessary, including all powers	41397
related to personnel, curriculum, and legal issues in order to	41398
successfully implement the actions described in division (A)(1) of	41399
this section.	41400

(3) The target dates for the commencement, progress upon, and	41401
completion of the actions enumerated in division (A)(1) of this	41402
section and a reasonable period of time expected to be required to	41403
implement the plan. The commission shall prepare a reasonable time	41404
schedule for progress toward and achievement of the requirements	41405
for the plan, and the plan shall be consistent with that time	41406
schedule.	41407

(4) The amount and purpose of any issue of debt obligations	41408
that will be issued, together with assurances that any such debt	41409
obligations that will be issued will not exceed debt limits	41410
supported by appropriate certifications by the fiscal officer of	41411
the school district and the county auditor. Debt obligations	41412
issued pursuant to section 133.301 of the Revised Code shall	41413
include assurances that such debt shall be in an amount not to	41414
exceed the amount certified under division (B) of such section. If	41415
the commission considers it necessary in order to maintain or	41416
improve educational opportunities of pupils in the school	41417
district, the plan may include a proposal to restructure or	41418
refinance outstanding debt obligations incurred by the board under	41419
section 3313.483 of the Revised Code contingent upon the approval,	41420
during the period of the fiscal emergency, by district voters of a	41421
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	41422
5748.02, or 5748.08 of the Revised Code that is not a renewal or	41423
replacement levy, or a levy under section 5705.199 of the Revised	41424
Code, and that will provide new operating revenue. Notwithstanding	41425
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	41426
the Revised Code, following the required approval of the district	41427
voters and with the approval of the commission, the school	41428
district may issue securities to evidence the restructuring or	41429
refinancing. Those securities may extend the original period for	41430
repayment, not to exceed ten years, and may alter the frequency	41431
and amount of repayments, interest or other financing charges, and	41432
other terms of agreements under which the debt originally was	41433
contracted, at the discretion of the commission, provided that any	41434
loans received pursuant to section 3313.483 of the Revised Code	41435
shall be paid from funds the district would otherwise receive	41436
under ~~sections 3317.022 to 3317.025~~Chapter 3306. of the Revised	41437
Code, as required under division (E)(3) of section 3313.483 of	41438
the Revised Code. The securities issued for the purpose of	41439
restructuring or refinancing the debt shall be repaid in equal	41440
payments and at equal intervals over the term of the debt and are	41441
not eligible to be included in any subsequent proposal for the	41442
purpose of restructuring or refinancing debt under this section.	41443

(B) Any financial recovery plan may be amended subsequent to	41444
its adoption. Each financial recovery plan shall be updated	41445
annually.	41446

(C) Each school district financial planning and supervision	41447
commission shall submit the financial recovery plan it adopts or	41448
updates under this section to the state superintendent of public	41449
instruction for approval immediately following its adoption or	41450
updating. The state superintendent shall evaluate the plan and	41451
either approve or disapprove it within thirty calendar days from	41452
the date of its submission. If the plan is disapproved, the state	41453
superintendent shall recommend modifications that will render it	41454
acceptable. No financial planning and supervision commission shall	41455
implement a financial recovery plan that is adopted or updated on	41456
or after April 10, 2001, unless the state superintendent has	41457
approved it.	41458

Sec. 3316.20. (A)(1) The school district solvency assistance	41459
fund is hereby created in the state treasury, to consist of such	41460
amounts designated for the purposes of the fund by the general	41461
assembly. The fund shall be used to provide assistance and grants	41462
to school districts to enable them to remain solvent and to pay	41463
~~unforseeable~~unforeseeable expenses of a temporary or emergency	41464
nature that they are unable to pay from existing resources.	41465

(2) There is hereby created within the fund an account known	41466
as the school district shared resource account, which shall	41467
consist of money appropriated to it by the general assembly. The	41468
money in the account shall be used solely for solvency assistance	41469
to school districts that have been declared under division (B) of	41470
section 3316.03 of the Revised Code to be in a state of fiscal	41471
emergency.	41472

(3) There is hereby created within the fund an account known	41473
as the catastrophic expenditures account, which shall consist of	41474
money appropriated to the account by the general assembly plus all	41475
investment earnings of the fund. Money in the account shall be	41476
used solely for the following:	41477

(a) Solvency assistance to school districts that have been	41478
declared under division (B) of section 3316.03 of the Revised Code	41479
to be in a state of fiscal emergency, in the event that all money	41480
in the shared resource account is utilized for solvency	41481
assistance;	41482

(b) Grants to school districts under division (C) of this	41483
section.	41484

(B) Solvency assistance payments under division (A)(2) or	41485
(3)(a) of this section shall be made from the fund by the	41486
superintendent of public instruction in accordance with rules	41487
adopted by the director of budget and management, after	41488
consulting with the superintendent, specifying approval criteria	41489
and procedures necessary for administering the fund.	41490

The fund shall be reimbursed for any solvency assistance	41491
amounts paid under division (A)(2) or (3)(a) of this section not	41492
later than the end of the second fiscal year following the fiscal	41493
year in which the solvency assistance payment was made. If not	41494
made directly by the school district, such reimbursement shall be	41495
made by the director of budget and management from the amounts the	41496
school district would otherwise receive pursuant to ~~sections~~	41497
~~3317.022 to 3317.025~~Chapter 3306. of the Revised Code, or from	41498
any other funds appropriated for the district by the general	41499
assembly. Reimbursements shall be credited to the respective	41500
account from which the solvency assistance paid to the district	41501
was deducted.	41502

(C) The superintendent of public instruction may make	41503
recommendations, and the controlling board may grant money from	41504
the catastrophic expenditures account to any school district that	41505
suffers an unforeseen catastrophic event that severely depletes	41506
the district's financial resources. The superintendent shall make	41507
recommendations for the grants in accordance with rules adopted by	41508
the director of budget and management, after consulting with the	41509
superintendent. A school district shall not be required to repay	41510
any grant awarded to the district under this division, unless the	41511
district receives money from this state or a third party,	41512
including an agency of the government of the United States,	41513
specifically for the purpose of compensating the district for	41514
revenue lost or expenses incurred as a result of the unforeseen	41515
catastrophic event. If a school district receives a grant from the	41516
catastrophic expenditures account on the basis of the same	41517
circumstances for which an adjustment or recomputation is	41518
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	41519
3317.0210, or 3317.0211 of the Revised Code, the department of	41520
education shall reduce the adjustment or recomputation by an	41521
amount not to exceed the total amount of the grant, and an amount	41522
equal to the reduction shall be transferred, from the funding	41523
source from which the adjustment or recomputation would be paid,	41524
to the catastrophic expenditures account. Any adjustment or	41525
recomputation under such sections that is in excess of the total	41526
amount of the grant shall be paid to the school district.	41527

Sec. 3317.01. As used in this section and section 3317.011	41528
of the Revised Code, "school district," unless otherwise	41529
specified, means any city, local, exempted village, joint	41530
vocational, or cooperative education school district and any	41531
educational service center.	41532

This chapter shall be administered by the state board of	41533
education. The superintendent of public instruction shall	41534
calculate the amounts payable to each school district and shall	41535
certify the amounts payable to each eligible district to the	41536
treasurer of the district as provided by this chapter. As soon as	41537
possible after such amounts are calculated, the superintendent	41538
shall certify to the treasurer of each school district the	41539
district's adjusted charge-off increase, as defined in section	41540
5705.211 of the Revised Code. No moneys shall be distributed	41541
pursuant to this chapter without the approval of the controlling	41542
board.	41543

The state board of education shall, in accordance with	41544
appropriations made by the general assembly, meet the financial	41545
obligations of this chapter.	41546

~~Annually, the department of education shall calculate and~~	41547
~~report to each school district the district's total state and~~	41548
~~local funds for providing an adequate basic education to the~~	41549
~~district's nondisabled students, utilizing the determination in~~	41550
~~section 3317.012 of the Revised Code. In addition, the department~~	41551
~~shall calculate and report separately for each school district~~	41552
~~the district's total state and local funds for providing an~~	41553
~~adequate education for its students with disabilities, utilizing~~	41554
~~the determinations in both sections 3317.012 and 3317.013 of the~~	41555
~~Revised Code.~~	41556

~~Not later than the thirty-first day of August of each fiscal~~	41557
~~year, the department of education shall provide to each school~~	41558
~~district and county MR/DD board a preliminary estimate of the~~	41559
~~amount of funding that the department calculates the district will~~	41560
~~receive under each of divisions (C)(1) and (4) of section 3317.022~~	41561
~~of the Revised Code. No later than the first day of December of~~	41562
~~each fiscal year, the department shall update that preliminary~~	41563
~~estimate.~~	41564

Moneys distributed pursuant to this chapter shall be	41565
calculated and paid on a fiscal year basis, beginning with the	41566
first day of July and extending through the thirtieth day of June.	41567
The moneys appropriated for each fiscal year shall be distributed	41568
~~at least monthly~~periodically to each school district unless	41569
otherwise provided for. The state board shall submit a yearly	41570
distribution plan to the controlling board at its first meeting in	41571
July. The state board shall submit any proposed midyear revision	41572
of the plan to the controlling board in January. Any year-end	41573
revision of the plan shall be submitted to the controlling board	41574
in June. If moneys appropriated for each fiscal year are	41575
distributed other than monthly, such distribution shall be on the	41576
same basis for each school district.	41577

~~The total amounts paid each month shall constitute, as nearly~~	41578
~~as possible, one-twelfth of the total amount payable for the~~	41579
~~entire year.~~	41580

~~Until fiscal year 2007, payments made during the first six~~	41581
~~months of the fiscal year may be based on an estimate of the~~	41582
~~amounts payable for the entire year. Payments made in the last~~	41583
~~six months shall be based on the final calculation of the amounts~~	41584
~~payable to each school district for that fiscal year. Payments~~	41585
~~made in the last six months may be adjusted, if necessary, to~~	41586
~~correct the amounts distributed in the first six months, and to~~	41587
~~reflect enrollment increases when such are at least three per~~	41588
~~cent.~~	41589

~~Beginning in fiscal year 2007, payments shall be calculated~~	41590
~~to reflect the biannual reporting of average daily membership. In~~	41591
~~fiscal year 2007 and in each fiscal year thereafter, annualized~~	41592
~~periodic payments for each school district shall be based on the~~	41593
~~district's final student counts verified by the superintendent of~~	41594
~~public instruction based on reports under section 3317.03 of the~~	41595
~~Revised Code, as adjusted, if so ordered, under division (K) of~~	41596
~~that section, as follows:~~	41597

~~the sum of one-half of the number of students verified~~	41598

~~and adjusted for the first full week in October~~	41599

~~plus one-half of the average of the numbers~~	41600

~~verified and adjusted for the first full week~~	41601

~~in October and for the first full week in February~~	41602

Except as otherwise provided, payments under this chapter	41603
shall be made only to those school districts in which:	41604

(A) The school district, except for any educational service	41605
center and any joint vocational or cooperative education school	41606
district, levies for current operating expenses at least twenty	41607
mills. Levies for joint vocational or cooperative education	41608
school districts or county school financing districts, limited to	41609
or to the extent apportioned to current expenses, shall be	41610
included in this qualification requirement. School district income	41611
tax levies under Chapter 5748. of the Revised Code, limited to or	41612
to the extent apportioned to current operating expenses, shall be	41613
included in this qualification requirement to the extent	41614
determined by the tax commissioner under division (D) of section	41615
3317.021 of the Revised Code.	41616

(B) The ~~school~~learning year next preceding the fiscal year	41617
for which such payments are authorized meets the requirement of	41618
section 3313.48 or 3313.481 of the Revised Code, with regard to	41619
the minimum number of days or hours school must be open for	41620
instruction with pupils in attendance, for individualized	41621
parent-teacher conference and reporting periods, and for	41622
professional meetings of teachers. ~~This requirement shall be~~	41623
~~waived by the~~The superintendent of public instruction ifshall	41624
waive a number of days on which it had been necessary for a school	41625
to be closed because of disease epidemic, hazardous weather	41626
conditions, inoperability of school buses or other equipment	41627
necessary to the school's operation, damage to a school building,	41628
or other temporary circumstances due to utility failure rendering	41629
the school building unfit for school use~~, provided that for those~~	41630
~~school districts operating pursuant to section 3313.48 of the~~	41631
~~Revised Code the number of days the school was actually open for~~	41632
~~instruction with pupils in attendance and for individualized~~	41633
~~parent-teacher conference and reporting periods is not less than~~	41634
~~one hundred seventy-five, or for those school districts operating~~	41635
~~on a trimester plan the number of days the school was actually~~	41636
~~open for instruction with pupils in attendance not less than~~	41637
~~seventy-nine days in any trimester, for those school districts~~	41638
~~operating on a quarterly plan the number of days the school was~~	41639
~~actually open for instruction with pupils in attendance not less~~	41640
~~than fifty-nine days in any quarter, or for those school districts~~	41641
~~operating on a pentamester plan the number of days the school was~~	41642
~~actually open for instruction with pupils in attendance not less~~	41643
~~than forty-four days in any pentamester~~, as follows:	41644

(1) In determining eligibility for payments under this	41645
chapter for fiscal years prior to fiscal year 2011, up to five	41646
days for the preceding learning year;	41647

(2) In determining eligibility for payments under this	41648
chapter for fiscal year 2011, up to three days for the 2009-2010	41649
learning year;	41650

(3) In determining eligibility for payments under this	41651
chapter for fiscal year 2012 and thereafter, up to one day for the	41652
preceding learning year.	41653

The state board shall adopt standards for the superintendent	41654
to apply in determining the waiver of days or hours for schools	41655
operating under section 3313.481 of the Revised Code.	41656

A school district shall not be considered to have failed to	41657
comply with this division or section 3313.481 of the Revised Code	41658
because schools were open for instruction but either twelfth grade	41659
students were excused from attendance for up to three days or only	41660
a portion of the kindergarten students were in attendance for up	41661
to three days in order to allow for the gradual orientation to	41662
school of such students.	41663

The superintendent of public instruction shall waive the	41664
requirements of this section with reference to the minimum number	41665
of days or hours school must be in session with pupils in	41666
attendance for the ~~school~~learning year succeeding the ~~school~~	41667
learning year in which a board of education initiates a plan of	41668
operation pursuant to section 3313.481 of the Revised Code. The	41669
minimum requirements of this section shall again be applicable to	41670
such a district beginning with the ~~school~~learning year commencing	41671
the second July succeeding the initiation of one such plan, and	41672
for each school year thereafter.	41673

A school district shall not be considered to have failed to	41674
comply with this division or section 3313.48 or 3313.481 of the	41675
Revised Code because schools were open for instruction but the	41676
length of the regularly scheduled ~~school~~learning day, for any	41677
number of days during the ~~school~~learning year, was reduced by not	41678
more than two hours due to hazardous weather conditions.	41679

(C) The school district has on file, and is paying in	41680
accordance with, a teachers' salary schedule which complies with	41681
section 3317.13 of the Revised Code.	41682

A board of education or governing board of an educational	41683
service center which has not conformed with other law and the	41684
rules pursuant thereto, shall not participate in the distribution	41685
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	41686
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	41687
and sufficient reason established to the satisfaction of the state	41688
board of education and the state controlling board.	41689

All funds allocated to school districts under this chapter,	41690
except those specifically allocated for other purposes, shall be	41691
used to pay current operating expenses only.	41692

Sec. 3317.018. (A) The department of education shall make no	41693
calculations or payments under Chapter 3317. of the Revised Code	41694
for any fiscal year after fiscal year 2009 except as prescribed in	41695
this section.	41696

(B) School districts shall report student enrollment data as	41697
prescribed by section 3317.03 of the Revised Code, which data the	41698
department shall use to make payments under Chapters 3306. and	41699
3317. of the Revised Code.	41700

(C) The tax commissioner shall report data regarding tax	41701
valuation and receipts for school districts as prescribed by	41702
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	41703
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of	41704
section 3317.02 of the Revised Code, which data the department	41705
shall use to make payments under Chapters 3306. and 3317. of the	41706
Revised Code.	41707

(D) Unless otherwise specified by another provision of law,	41708
in addition to the payments prescribed by Chapter 3306. of the	41709
Revised Code, the department shall continue to make payments to or	41710
adjustments for school districts in fiscal years after fiscal year	41711
2009 under the following provisions of Chapter 3317. of the	41712
Revised Code:	41713

(1) The catastrophic cost reimbursement under division (C)(3)	41714
of section 3317.022 of the Revised Code. No other payments shall	41715
be made under that section.	41716

(2) All payments or adjustments under section 3317.023 of the	41717
Revised Code, except no payments or adjustments shall be made	41718
under divisions (B), (C), and (D) of that section.	41719

(3) All payments or adjustments under section 3317.024 of the	41720
Revised Code, except no payments or adjustments shall be made	41721
under divisions (F), (L), and (N) of that section.	41722

(4) All payments and adjustments under sections 3317.025,	41723
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	41724
Revised Code;	41725

(5) Payments under section 3317.04 of the Revised Code;

41726

(6) Unit payments under sections 3317.05, 3317.051, 3317.052,	41727
and 3317.053 of the Revised Code, except that no units for gifted	41728
funding are authorized after fiscal year 2009.	41729

(7) Payments under sections 3317.06, 3317.063, and 3317.064	41730
of the Revised Code;	41731

(8) Payments under section 3317.07 of the Revised Code;

41732

(9) Payments to educational service centers under section	41733
3317.11 of the Revised Code;	41734

(10) The catastrophic cost reimbursement under division (E)	41735
of section 3317.16 of the Revised Code and excess cost	41736
reimbursements under division (G) of that section. No other	41737
payments shall be made under that section;	41738

(11) Payments under section 3317.17 of the Revised Code;

41739

(12) Adjustments under section 3317.18 of the Revised Code;

41740

(13) Payments to cooperative education school districts under	41741
section 3317.19 of the Revised Code;	41742

(14) Payments to county MR/DD boards under section 3317.20 of	41743
the Revised Code;	41744

(15) Payments to state institutions for weighted special	41745
education funding under section 3317.201 of the Revised Code.	41746

(E) Sections 3317.016 and 3317.017 shall not apply to fiscal	41747
years after fiscal year 2009.	41748

(F) This section does not affect the provisions of sections	41749
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	41750
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,	41751
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised	41752
Code.	41753

Sec. 3317.02. As used in this chapter:

41754

(A) Unless otherwise specified, "school district" means city,	41755
local, and exempted village school districts.	41756

(B) "Formula amount" means ~~the base cost for the fiscal year~~	41757
~~specified in division (B)(4) of section 3317.012 of the Revised~~	41758
~~Code~~$5,841, for fiscal year 2010, and $5,952, for fiscal year	41759
2011.	41760

(C) "FTE basis" means a count of students based on full-time	41761
equivalency, in accordance with rules adopted by the department of	41762
education pursuant to section 3317.03 of the Revised Code. In	41763
adopting its rules under this division, the department shall	41764
provide for counting any student in category one, two, three,	41765
four, five, or six special education ADM or in category one or two	41766
vocational education ADM in the same proportion the student is	41767
counted in formula ADM.	41768

(D) "Formula ADM" means, for a city, local, or exempted	41769
village school district, the final number verified by the	41770
superintendent of public instruction, based on the number reported	41771
pursuant to division (A) of section 3317.03 of the Revised Code,	41772
~~as adjusted, if so ordered, under division (K) of that section~~	41773
"formula ADM" as defined in section 3306.02 of the Revised Code.	41774
"Formula ADM" means, for a joint vocational school district, the	41775
final number verified by the superintendent of public	41776
instruction, based on the number reported pursuant to division (D)	41777
of section 3317.03 of the Revised Code, as adjusted, if so	41778
ordered, under division (K) of that section. ~~Beginning in fiscal~~	41779
~~year 2007, for payments in which formula ADM is a factor, the~~	41780
~~formula ADM for each school district for the fiscal year is the~~	41781
~~sum of one-half of the number verified and adjusted for October~~	41782
~~of that fiscal year plus one-half of the average of the numbers~~	41783
~~verified and adjusted for October and February of that fiscal~~	41784
~~year.~~For purposes of the calculation of payments to or	41785
adjustments for a city, exempted village, local, or joint	41786
vocational school district under this chapter or under Chapter	41787
3306. of the Revised Code, calculations required under Chapter	41788
3318. of the Revised Code, or adjustments required under Chapter	41789
3365. of the Revised Code, the department of education shall use	41790
the district's formula ADM as reported and verified under section	41791
3317.03 of the Revised Code for the previous fiscal year, unless	41792
the district's formula ADM as so reported and verified for the	41793
current fiscal year is at least two per cent greater than the	41794
formula ADM reported for the previous fiscal year, in which case	41795
the department shall use the district's formula ADM for the	41796
current fiscal year.	41797

(E) "Three-year average formula ADM" means the average of	41798
formula ADMs for the preceding three fiscal years.	41799

(F)(1) "Category one special education ADM" means the average	41800
daily membership of children with disabilities receiving special	41801
education services for the disability specified in division	41802
~~(A)~~(C)(1) of section ~~3317.013~~3306.02 of the Revised Code and	41803
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	41804
the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	41805
~~category one special education ADM for a fiscal year is the sum~~	41806
~~of one-half of the number reported for October of that fiscal~~	41807
~~year plus one-half of the average of the numbers reported for~~	41808
~~October and February of that fiscal year.~~	41809

(2) "Category two special education ADM" means the average	41810
daily membership of children with disabilities receiving special	41811
education services for those disabilities specified in division	41812
~~(B)~~(C)(2) of section ~~3317.013~~3306.02 of the Revised Code and	41813
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	41814
the Revised Code. ~~Beginning in fiscal year 2007, the district's~~	41815
~~category two special education ADM for a fiscal year is the sum~~	41816
~~of one-half of the number reported for October of that fiscal~~	41817
~~year plus one-half of the average of the numbers reported for~~	41818
~~October and February of that fiscal year.~~	41819

(3) "Category three special education ADM" means the average	41820
daily membership of students receiving special education services	41821
for those disabilities specified in division (C)(3) of section	41822
~~3317.013~~3306.02 of the Revised Code, and reported under division	41823
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	41824
~~Beginning in fiscal year 2007, the district's category three~~	41825
~~special education ADM for a fiscal year is the sum of one-half of~~	41826
~~the number reported for October of that fiscal year plus one-half~~	41827
~~of the average of the numbers reported for October and February~~	41828
~~of that fiscal year.~~	41829

(4) "Category four special education ADM" means the average	41830
daily membership of students receiving special education services	41831
for those disabilities specified in division ~~(D)~~(C)(4) of section	41832
~~3317.013~~3306.02 of the Revised Code and reported under division	41833
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	41834
~~Beginning in fiscal year 2007, the district's category four~~	41835
~~special education ADM for a fiscal year is the sum of one-half of~~	41836
~~the number reported for October of that fiscal year plus one-half~~	41837
~~of the average of the numbers reported for October and February~~	41838
~~of that fiscal year.~~	41839

(5) "Category five special education ADM" means the average	41840
daily membership of students receiving special education services	41841
for the disabilities specified in division ~~(E)~~(C)(5) of section	41842
~~3317.013~~3306.02 of the Revised Code and reported under division	41843
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	41844
~~Beginning in fiscal year 2007, the district's category five~~	41845
~~special education ADM for a fiscal year is the sum of one-half of~~	41846
~~the number reported for October of that fiscal year plus one-half~~	41847
~~of the average of the numbers reported for October and February~~	41848
~~of that fiscal year.~~	41849

(6) "Category six special education ADM" means the average	41850
daily membership of students receiving special education services	41851
for the disabilities specified in division ~~(F)~~(C)(6) of section	41852
~~3317.013~~3306.02 of the Revised Code and reported under division	41853
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	41854
~~Beginning in fiscal year 2007, the district's category six~~	41855
~~special education ADM for a fiscal year is the sum of one-half of~~	41856
~~the number reported for October of that fiscal year plus one-half~~	41857
~~of the average of the numbers reported for October and February~~	41858
~~of that fiscal year.~~	41859

(7) "Category one vocational education ADM" means the average	41860
daily membership of students receiving vocational education	41861
services described in division (A) of section 3317.014 of the	41862
Revised Code and reported under division (B)(11) or (D)(2)(h) of	41863
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	41864
~~2007, the district's category one vocational education ADM for a~~	41865
~~fiscal year is the sum of one-half of the number reported for~~	41866
~~October of that fiscal year plus one-half of the average of the~~	41867
~~numbers reported for October and February of that fiscal year.~~	41868

(8) "Category two vocational education ADM" means the average	41869
daily membership of students receiving vocational education	41870
services described in division (B) of section 3317.014 of the	41871
Revised Code and reported under division (B)(12) or (D)(2)(i) of	41872
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	41873
~~2007, the district's category two vocational education ADM for a~~	41874
~~fiscal year is the sum of one-half of the number reported for~~	41875
~~October of that fiscal year plus one-half of the average of the~~	41876
~~numbers reported for October and February of that fiscal year.~~	41877

(G) "Preschool child with a disability" means a child with	41878
a disability, as defined in section 3323.01 of the Revised Code,	41879
who is at least age three but is not of compulsory school age, as	41880
defined in section 3321.01 of the Revised Code, and who is not	41881
currently enrolled in kindergarten.	41882

(H) "County MR/DD board" means a county board of mental	41883
retardation and developmental disabilities.	41884

(I) "Recognized valuation" means the amount calculated for a	41885
school district pursuant to section 3317.015 of the Revised Code.	41886

(J) "Transportation ADM" means the number of children	41887
reported under division (B)(13) of section 3317.03 of the Revised	41888
Code.	41889

(K) "Average efficient transportation use cost per student"	41890
means a statistical representation of transportation costs as	41891
calculated under division (D)(2) of section 3317.022 of the	41892
Revised Code.	41893

(L) "Taxes charged and payable" means the taxes charged and	41894
payable against real and public utility property after making the	41895
reduction required by section 319.301 of the Revised Code, plus	41896
the taxes levied against tangible personal property.	41897

(M) "Total taxable value" means the sum of the amounts	41898
certified for a city, local, exempted village, or joint vocational	41899
school district under divisions (A)(1) and (2) of section 3317.021	41900
of the Revised Code.	41901

(N) "Tax exempt value" of a school district means the amount	41902
certified for a school district under division (A)(4) of section	41903
3317.021 of the Revised Code.	41904

(O) "Potential value" of a school district means the	41905
recognized valuation of a school district plus the tax exempt	41906
value of the district.	41907

(P) "District median income" means the median Ohio adjusted	41908
gross income certified for a school district. On or before the	41909
first day of July of each year, the tax commissioner shall	41910
certify to the department of education and the office of budget	41911
and management for each city, exempted village, and local school	41912
district the median Ohio adjusted gross income of the residents	41913
of the school district determined on the basis of tax returns	41914
filed for the second preceding tax year by the residents of the	41915
district.	41916

(Q) "Statewide median income" means the median district	41917
median income of all city, exempted village, and local school	41918
districts in the state.	41919

(R) "Income factor" for a city, exempted village, or local	41920
school district means the quotient obtained by dividing that	41921
district's median income by the statewide median income.	41922

(S) "Medically fragile child" means a child to whom all of	41923
the following apply:	41924

(1) The child requires the services of a doctor of medicine	41925
or osteopathic medicine at least once a week due to the	41926
instability of the child's medical condition.	41927

(2) The child requires the services of a registered nurse on	41928
a daily basis.	41929

(3) The child is at risk of institutionalization in a	41930
hospital, skilled nursing facility, or intermediate care facility	41931
for the mentally retarded.	41932

(T) A child may be identified as having an "other health	41933
impairment-major" if the child's condition meets the definition	41934
of "other health impaired" established in rules adopted by the	41935
state board of education prior to July 1, 2001, and if either of	41936
the following apply:	41937

(1) The child is identified as having a medical condition	41938
that is among those listed by the superintendent of public	41939
instruction as conditions where a substantial majority of cases	41940
fall within the definition of "medically fragile child." The	41941
superintendent of public instruction shall issue an initial list	41942
no later than September 1, 2001.	41943

(2) The child is determined by the superintendent of public	41944
instruction to be a medically fragile child. A school district	41945
superintendent may petition the superintendent of public	41946
instruction for a determination that a child is a medically	41947
fragile child.	41948

(U) A child may be identified as having an "other health	41949
impairment-minor" if the child's condition meets the definition	41950
of "other health impaired" established in rules adopted by the	41951
state board of education prior to July 1, 2001, but the child's	41952
condition does not meet either of the conditions specified in	41953
division (T)(1) or (2) of this section.	41954

(V) "State education aid" has the same meaning as in section	41955
5751.20 of the Revised Code.	41956

(W) "Property exemption value" means zero in fiscal year	41957
2006, and in fiscal year 2007 and each fiscal year thereafter, the	41958
amount certified for a school district under divisions (A)(6) and	41959
(7) of section 3317.021 of the Revised Code.	41960

(X) "Internet- or computer-based community school" has the	41961
same meaning as in section 3314.02 of the Revised Code.	41962

(Y) "State share percentage" has the same meaning as in	41963
section 3306.02 of the Revised Code.	41964

Sec. 3317.021. ~~(A)~~The information certified under this	41965
section shall be used to calculate payments under this chapter and	41966
Chapter 3306. of the Revised Code.	41967

(A) On or before the first day of June of each year, the tax	41968
commissioner shall certify to the department of education and the	41969
office of budget and management the information described in	41970
divisions (A)(1) to ~~(8)~~(7) of this section for each city,	41971
exempted village, and local school district, and the information	41972
required by divisions (A)(1) and (2) of this section for each	41973
joint vocational school district, and it shall be used, along	41974
with the information certified under division (B) of this	41975
section, in making the computations for the district under	41976
~~sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16~~	41977
this chapter and Chapter 3306. of the Revised Code.	41978

(1) The taxable value of real and public utility real	41979
property in the school district subject to taxation in the	41980
preceding tax year, by class and by county of location.	41981

(2) The taxable value of tangible personal property,	41982
including public utility personal property, subject to taxation by	41983
the district for the preceding tax year.	41984

(3)(a) The total property tax rate and total taxes charged	41985
and payable for the current expenses for the preceding tax year	41986
and the total property tax rate and the total taxes charged and	41987
payable to a joint vocational district for the preceding tax year	41988
that are limited to or to the extent apportioned to current	41989
expenses.	41990

(b) The portion of the amount of taxes charged and payable	41991
reported for each city, local, and exempted village school	41992
district under division (A)(3)(a) of this section attributable to	41993
a joint vocational school district.	41994

(4) ~~The~~For fiscal years prior to fiscal year 2010, the value	41995
of all real and public utility real property in the school	41996
district exempted from taxation minus both of the following:	41997

(a) The value of real and public utility real property in the	41998
district owned by the United States government and used	41999
exclusively for a public purpose;	42000

(b) The value of real and public utility real property in the	42001
district exempted from taxation under Chapter 725. or 1728. or	42002
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	42003
5709.73, or 5709.78 of the Revised Code.	42004

The tax commissioner need not report information prescribed	42005
by division (A)(4) of this section for fiscal years after fiscal	42006
year 2009.	42007

(5) The total federal adjusted gross income of the residents	42008
of the school district, based on tax returns filed by the	42009
residents of the district, for the most recent year for which this	42010
information is available.	42011

(6) The sum of the school district compensation value as	42012
indicated on the list of exempted property for the preceding tax	42013
year under section 5713.08 of the Revised Code as if such property	42014
had been assessed for taxation that year and the other	42015
compensation value for the school district, minus the amounts	42016
described in divisions (A)(6)(c) to (i) of this section. The	42017
portion of school district compensation value or other	42018
compensation value attributable to an incentive district exemption	42019
may be subtracted only once even if that incentive district	42020
satisfies more than one of the criteria in divisions (A)(6)(c) to	42021
(i) of this section.	42022

(a) "School district compensation value" means the aggregate	42023
value of real property in the school district exempted from	42024
taxation pursuant to an ordinance or resolution adopted under	42025
division (C) of section 5709.40, division (C) of section 5709.73,	42026
or division (B) of section 5709.78 of the Revised Code to the	42027
extent that the exempted value results in the charging of payments	42028
in lieu of taxes required to be paid to the school district under	42029
division (D)(1) or (2) of section 5709.40, division (D) of section	42030
5709.73, or division (C) of section 5709.78 of the Revised Code.	42031

(b) "Other compensation value" means the quotient that	42032
results from dividing (i) the dollar value of compensation	42033
received by the school district during the preceding tax year	42034
pursuant to division (B), (C), or (D) of section 5709.82 of the	42035
Revised Code and the amounts received pursuant to an agreement as	42036
specified in division (D)(2) of section 5709.40, division (D) of	42037
section 5709.73, or division (C) of section 5709.78 of the Revised	42038
Code to the extent those amounts were not previously reported or	42039
included in division (A)(6)(a) of this section, and so that any	42040
such amount is reported only once under division (A)(6)(b) of this	42041
section, in relation to exemptions from taxation granted pursuant	42042
to an ordinance or resolution adopted under division (C) of	42043
section 5709.40, division (C) of section 5709.73, or division (B)	42044
of section 5709.78 of the Revised Code, by (ii) the real property	42045
tax rate in effect for the preceding tax year for	42046
nonresidential/agricultural real property after making the	42047
reductions required by section 319.301 of the Revised Code.	42048

(c) The portion of school district compensation value or	42049
other compensation value that was exempted from taxation pursuant	42050
to such an ordinance or resolution for the preceding tax year, if	42051
the ordinance or resolution is adopted prior to January 1, 2006,	42052
and the legislative authority or board of township trustees or	42053
county commissioners, prior to January 1, 2006, executes a	42054
contract or agreement with a developer, whether for-profit or	42055
not-for-profit, with respect to the development of a project	42056
undertaken or to be undertaken and identified in the ordinance or	42057
resolution, and upon which parcels such project is being, or will	42058
be, undertaken;	42059

(d) The portion of school district compensation value that	42060
was exempted from taxation for the preceding tax year and for	42061
which payments in lieu of taxes for the preceding tax year were	42062
provided to the school district under division (D)(1) of section	42063
5709.40 of the Revised Code.	42064

(e) The portion of school district compensation value that	42065
was exempted from taxation for the preceding tax year pursuant to	42066
such an ordinance or resolution, if and to the extent that, on or	42067
before April 1, 2006, the fiscal officer of the municipal	42068
corporation that adopted the ordinance, or of the township or	42069
county that adopted the resolution, certifies and provides	42070
appropriate supporting documentation to the tax commissioner and	42071
the director of development that, based on hold-harmless	42072
provisions in any agreement between the school district and the	42073
legislative authority of the municipal corporation, board of	42074
township trustees, or board of county commissioners that was	42075
entered into on or before June 1, 2005, the ability or obligation	42076
of the municipal corporation, township, or county to repay bonds,	42077
notes, or other financial obligations issued or entered into prior	42078
to January 1, 2006, will be impaired, including obligations to or	42079
of any other body corporate and politic with whom the legislative	42080
authority of the municipal corporation or board of township	42081
trustees or county commissioners has entered into an agreement	42082
pertaining to the use of service payments derived from the	42083
improvements exempted;	42084

(f) The portion of school district compensation value that	42085
was exempted from taxation for the preceding tax year pursuant to	42086
such an ordinance or resolution, if the ordinance or resolution is	42087
adopted prior to January 1, 2006, in a municipal corporation with	42088
a population that exceeds one hundred thousand, as shown by the	42089
most recent federal decennial census, that includes a major	42090
employment center and that is adjacent to historically distressed	42091
neighborhoods, if the legislative authority of the municipal	42092
corporation that exempted the property prepares an economic	42093
analysis that demonstrates that all taxes generated within the	42094
incentive district accruing to the state by reason of improvements	42095
constructed within the district during its existence exceed the	42096
amount the state pays the school district under section 3317.022	42097
of the Revised Code attributable to such property exemption from	42098
the school district's recognized valuation. The analysis shall be	42099
submitted to and approved by the department of development prior	42100
to January 1, 2006, and the department shall not unreasonably	42101
withhold approval.	42102

(g) The portion of school district compensation value that	42103
was exempted from taxation for the preceding tax year under such	42104
an ordinance or resolution, if the ordinance or resolution is	42105
adopted prior to January 1, 2006, and if service payments have	42106
been pledged to be used for mixed-use riverfront entertainment	42107
development in any county with a population that exceeds six	42108
hundred thousand, as shown by the most recent federal decennial	42109
census;	42110

(h) The portion of school district compensation value that	42111
was exempted from taxation for the preceding tax year under such	42112
an ordinance or resolution, if, prior to January 1, 2006, the	42113
legislative authority of a municipal corporation, board of	42114
township trustees, or board of county commissioners has pledged	42115
service payments for a designated transportation capacity project	42116
approved by the transportation review advisory council under	42117
Chapter 5512. of the Revised Code;	42118

(i) The portion of school district compensation value that	42119
was exempted from taxation for the preceding tax year under such	42120
an ordinance or resolution if the legislative authority of a	42121
municipal corporation, board of township trustees, or board of	42122
county commissioners have, by January 1, 2006, pledged proceeds	42123
for designated transportation improvement projects that involve	42124
federal funds for which the proceeds are used to meet a local	42125
share match requirement for such funding.	42126

As used in division (A)(6) of this section, "project" has the	42127
same meaning as in section 5709.40 of the Revised Code.	42128

(7) The aggregate value of real property in the school	42129
district for which an exemption from taxation is granted by an	42130
ordinance or resolution adopted on or after January 1, 2006, under	42131
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	42132
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	42133
Code, as indicated on the list of exempted property for the	42134
preceding tax year under section 5713.08 of the Revised Code and	42135
as if such property had been assessed for taxation that year,	42136
minus the product determined by multiplying (a) the aggregate	42137
value of the real property in the school district exempted from	42138
taxation for the preceding tax year under any of the chapters or	42139
sections specified in this division, by (b) a fraction, the	42140
numerator of which is the difference between (i) the amount of	42141
anticipated revenue such school district would have received for	42142
the preceding tax year if the real property exempted from taxation	42143
had not been exempted from taxation and (ii) the aggregate amount	42144
of payments in lieu of taxes on the exempt real property for the	42145
preceding tax year and other compensation received for the	42146
preceding tax year by the school district pursuant to any	42147
agreements entered into on or after January 1, 2006, under section	42148
5709.82 of the Revised Code between the school district and the	42149
legislative authority of a political subdivision that acted under	42150
the authority of a chapter or statute specified in this division,	42151
that were entered into in relation to such exemption, and the	42152
denominator of which is the amount of anticipated revenue such	42153
school district would have received in the preceding fiscal year	42154
if the real property exempted from taxation had not been exempted.	42155

~~(8) For each school district receiving payments under~~	42156
~~division (B) or (C) of section 3317.0216 of the Revised Code~~	42157
~~during the current fiscal year, as included on the most recent~~	42158
~~list of such districts sent to the tax commissioner under division~~	42159
~~(F) of that section, the following:~~	42160

~~(a) The portion of the total amount of taxes charged and~~	42161
~~payable for current expenses certified under division (A)(3)(a) of~~	42162
~~this section that is attributable to each new levy approved and~~	42163
~~charged in the preceding tax year and the respective tax rate of~~	42164
~~each of those new levies;~~	42165

~~(b) The portion of the total taxes collected for current~~	42166
~~expenses under a school district income tax adopted pursuant to~~	42167
~~section 5748.03 or 5748.08 of the Revised Code, as certified under~~	42168
~~division (A)(2) of section 3317.08 of the Revised Code, that is~~	42169
~~attributable to each new school district income tax first~~	42170
~~effective in the current taxable year or in the preceding taxable~~	42171
~~year.~~	42172

(B) On or before the first day of May each year, the tax	42173
commissioner shall certify to the department of education and the	42174
office of budget and management the total taxable real property	42175
value of railroads and, separately, the total taxable tangible	42176
personal property value of all public utilities for the preceding	42177
tax year, by school district and by county of location.	42178

(C) If a public utility has properly and timely filed a	42179
petition for reassessment under section 5727.47 of the Revised	42180
Code with respect to an assessment issued under section 5727.23 of	42181
the Revised Code affecting taxable property apportioned by the tax	42182
commissioner to a school district, the taxable value of public	42183
utility tangible personal property included in the certification	42184
under divisions (A)(2) and (B) of this section for the school	42185
district shall include only the amount of taxable value on the	42186
basis of which the public utility paid tax for the preceding year	42187
as provided in division (B)(1) or (2) of section 5727.47 of the	42188
Revised Code.	42189

(D) If on the basis of the information certified under	42190
division (A) of this section, the department determines that any	42191
district fails in any year to meet the qualification requirement	42192
specified in division (A)(1) of section 3306.01 and division (A)	42193
of section 3317.01 of the Revised Code, the department shall	42194
immediately request the tax commissioner to determine the extent	42195
to which any school district income tax levied by the district	42196
under Chapter 5748. of the Revised Code shall be included in	42197
meeting that requirement. Within five days of receiving such a	42198
request from the department, the tax commissioner shall make the	42199
determination required by this division and report the quotient	42200
obtained under division (D)(3) of this section to the department	42201
and the office of budget and management. This quotient represents	42202
the number of mills that the department shall include in	42203
determining whether the district meets the qualification	42204
requirement of division (A)(1) of section 3306.01 and division (A)	42205
of section 3317.01 of the Revised Code.	42206

The tax commissioner shall make the determination required by	42207
this division as follows:	42208

(1) Multiply one mill times the total taxable value of the	42209
district as determined in divisions (A)(1) and (2) of this	42210
section;	42211

(2) Estimate the total amount of tax liability for the	42212
current tax year under taxes levied by Chapter 5748. of the	42213
Revised Code that are apportioned to current operating expenses of	42214
the district, excluding any income tax receipts allocated for the	42215
project cost, debt service, or maintenance set-aside associated	42216
with a state-assisted classroom facilities project as authorized	42217
by section 3318.052 of the Revised Code;	42218

(3) Divide the amount estimated under division (D)(2) of this	42219
section by the product obtained under division (D)(1) of this	42220
section.	42221

(E)(1) On or before June 1, 2006, and the first day of April	42222
of each year thereafter, the director of development shall report	42223
to the department of education, the tax commissioner, and the	42224
director of budget and management the total amounts of payments	42225
received by each city, local, exempted village, or joint	42226
vocational school district for the preceding tax year pursuant to	42227
division (D) of section 5709.40, division (D) of section 5709.73,	42228
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	42229
or (D) of section 5709.82 of the Revised Code in relation to	42230
exemptions from taxation granted pursuant to an ordinance adopted	42231
by the legislative authority of a municipal corporation under	42232
division (C) of section 5709.40 of the Revised Code, or a	42233
resolution adopted by a board of township trustees or board of	42234
county commissioners under division (C) of section 5709.73 or	42235
division (B) of section 5709.78 of the Revised Code, respectively.	42236
On or before April 1, 2006, and the first day of March of each	42237
year thereafter, the treasurer of each city, local, exempted	42238
village, or joint vocational school district that has entered into	42239
such an agreement shall report to the director of development the	42240
total amounts of such payments the district received for the	42241
preceding tax year as provided in this section. The state board of	42242
education, in accordance with sections 3319.31 and 3319.311 of the	42243
Revised Code, may suspend or revoke the license of a treasurer	42244
found to have willfully reported erroneous, inaccurate, or	42245
incomplete data under this division.	42246

(2) On or before April 1, 2007, and the first day of April of	42247
each year thereafter, the director of development shall report to	42248
the department of education, the tax commissioner, and the	42249
director of budget and management the total amounts of payments	42250
received by each city, local, exempted village, or joint	42251
vocational school district for the preceding tax year pursuant to	42252
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	42253
in relation to exemptions from taxation granted pursuant to	42254
ordinances or resolutions adopted on or after January 1, 2006,	42255
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	42256
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	42257
Revised Code. On or before March 1, 2007, and the first day of	42258
March of each year thereafter, the treasurer of each city, local,	42259
exempted village, or joint vocational school district that has	42260
entered into such an agreement shall report to the director of	42261
development the total amounts of such payments the district	42262
received for the preceding tax year as provided by this section.	42263
The state board of education, in accordance with sections 3319.31	42264
and 3319.311 of the Revised Code, may suspend or revoke the	42265
license of a treasurer found to have willfully reported erroneous,	42266
inaccurate, or incomplete data under this division.	42267

Sec. 3317.022. (A)(1) The department of education shall	42268
compute and distribute state base cost funding to each eligible	42269
school district for the fiscal year, using the information	42270
obtained under section 3317.021 of the Revised Code in the	42271
calendar year in which the fiscal year begins, according to the	42272
following formula:	42273

{[the formula amount X (formula ADM +	42274

preschool scholarship ADM)] +	42275

the sum of the base funding supplements	42276

prescribed in divisions (C)(1) to (4)	42277

of section 3317.012 of the Revised Code} -	42278

[.023 x (the sum of recognized valuation	42279

and property exemption value)] +	42280

the amounts calculated for the district under	42281

sections 3317.029 and 3317.0217 of the Revised Code	42282

If the difference obtained is a negative number, the	42283
district's computation shall be zero.	42284

(2)(a) For each school district for which the tax exempt	42285
value of the district equals or exceeds twenty-five per cent of	42286
the potential value of the district, the department of education	42287
shall calculate the difference between the district's tax exempt	42288
value and twenty-five per cent of the district's potential value.	42289

(b) For each school district to which division (A)(2)(a) of	42290
this section applies, the department shall adjust the recognized	42291
valuation used in the calculation under division (A)(1) of this	42292
section by subtracting from it the amount calculated under	42293
division (A)(2)(a) of this section.	42294

(B) As used in this section:

42295

(1) The "total special education weight" for a district means	42296
the sum of the following amounts:	42297

(a) The district's category one special education ADM	42298
multiplied by the multiple specified in division (A) of section	42299
3317.013 of the Revised Code;	42300

(b) The district's category two special education ADM	42301
multiplied by the multiple specified in division (B) of section	42302
3317.013 of the Revised Code;	42303

(c) The district's category three special education ADM	42304
multiplied by the multiple specified in division (C) of section	42305
3317.013 of the Revised Code;	42306

(d) The district's category four special education ADM	42307
multiplied by the multiple specified in division (D) of section	42308
3317.013 of the Revised Code;	42309

(e) The district's category five special education ADM	42310
multiplied by the multiple specified in division (E) of section	42311
3317.013 of the Revised Code;	42312

(f) The district's category six special education ADM	42313
multiplied by the multiple specified in division (F) of section	42314
3317.013 of the Revised Code.	42315

(2) ~~"State share percentage" means the percentage calculated~~	42316
~~for a district as follows:~~	42317

~~(a) Calculate the state base cost funding amount for the~~	42318
~~district for the fiscal year under division (A) of this section.~~	42319
~~If the district would not receive any state base cost funding for~~	42320
~~that year under that division, the district's state share~~	42321
~~percentage is zero.~~	42322

~~(b) If the district would receive state base cost funding~~	42323
~~under that division, divide that amount by an amount equal to the~~	42324
~~following:~~	42325

~~(the formula amount X formula ADM) +~~	42326

~~the sum of the base funding supplements~~	42327

~~prescribed in divisions (C)(1) to (4)~~	42328

~~of section 3317.012 of the Revised Code +~~	42329

~~the sum of the amounts calculated for the district under~~	42330

~~sections 3317.029 and 3317.0217 of the Revised Code~~	42331

~~The resultant number is the district's state share~~	42332
~~percentage.~~	42333

~~(3)~~ "Related services" includes:

42334

(a) Child study, special education supervisors and	42335
coordinators, speech and hearing services, adaptive physical	42336
development services, occupational or physical therapy, teacher	42337
assistants for children with disabilities whose disabilities are	42338
described in division (B) of section 3317.013 or division (F)(3)	42339
of section 3317.02 of the Revised Code, behavioral intervention,	42340
interpreter services, work study, nursing services, and	42341
specialized integrative services as those terms are defined by	42342
the department;	42343

(b) Speech and language services provided to any student with	42344
a disability, including any student whose primary or only	42345
disability is a speech and language disability;	42346

(c) Any related service not specifically covered by other	42347
state funds but specified in federal law, including but not	42348
limited to, audiology and school psychological services;	42349

(d) Any service included in units funded under former	42350
division (O)(1) of section 3317.024 of the Revised Code;	42351

(e) Any other related service needed by children with	42352
disabilities in accordance with their individualized education	42353
programs.	42354

~~(4)~~(3) The "total vocational education weight" for a district	42355
means the sum of the following amounts:	42356

(a) The district's category one vocational education ADM	42357
multiplied by the multiple specified in division (A) of section	42358
3317.014 of the Revised Code;	42359

(b) The district's category two vocational education ADM	42360
multiplied by the multiple specified in division (B) of section	42361
3317.014 of the Revised Code.	42362

~~(5)~~(4) "Preschool scholarship ADM" means the number of	42363
preschool children with disabilities reported under division	42364
(B)(3)(h) of section 3317.03 of the Revised Code.	42365

(C)(1) The department shall compute and distribute state	42366
special education and related services additional weighted costs	42367
funds to each school district in accordance with the following	42368
formula:	42369

The district's state share percentage X	42370

the formula amount for the year for which	42371

the aid is calculated X the district's	42372

total special education weight	42373

(2) The attributed local share of special education and	42374
related services additional weighted costs equals:	42375

(1 - the district's state share percentage) X the district's	42376

total special education weight X the formula amount	42377

(3)(a) The department shall compute and pay in accordance	42378
with this division additional state aid to school districts for	42379
students in categories two through six special education ADM. If a	42380
district's costs for the fiscal year for a student in its	42381
categories two through six special education ADM exceed the	42382
threshold catastrophic cost for serving the student, the district	42383
may submit to the superintendent of public instruction	42384
documentation, as prescribed by the superintendent, of all its	42385
costs for that student. Upon submission of documentation for a	42386
student of the type and in the manner prescribed, the department	42387
shall pay to the district an amount equal to the sum of the	42388
following:	42389

(i) One-half of the district's costs for the student in	42390
excess of the threshold catastrophic cost;	42391

(ii) The product of one-half of the district's costs for the	42392
student in excess of the threshold catastrophic cost multiplied by	42393
the district's state share percentage.	42394

(b) For purposes of division (C)(3)(a) of this section, the	42395
threshold catastrophic cost for serving a student equals:	42396

(i) For a student in the school district's category two,	42397
three, four, or five special education ADM, twenty-seven thousand	42398
three hundred seventy-five dollars ~~in fiscal years 2008 and 2009~~;	42399

(ii) For a student in the district's category six special	42400
education ADM, thirty-two thousand eight hundred fifty dollars in	42401
~~fiscal years 2008 and 2009~~.	42402

(c) The district shall only report under division (C)(3)(a)	42403
of this section, and the department shall only pay for, the costs	42404
of educational expenses and the related services provided to the	42405
student in accordance with the student's individualized education	42406
program. Any legal fees, court costs, or other costs associated	42407
with any cause of action relating to the student may not be	42408
included in the amount.	42409

(4)(a) As used in this division, the "personnel allowance"	42410
means thirty thousand dollars in fiscal years 2008 and 2009.	42411

(b) For the provision of speech language pathology services	42412
to students, including students who do not have individualized	42413
education programs prepared for them under Chapter 3323. of the	42414
Revised Code, and for no other purpose, the department of	42415
education shall pay each school district an amount calculated	42416
under the following formula:	42417

(formula ADM divided by 2000) X	42418

the personnel allowance X	42419

the state share percentage	42420

(5) In any fiscal year, a school district shall spend for	42421
purposes that the department designates as approved for special	42422
education and related services expenses at least the amount	42423
calculated as follows:	42424

(formula amount X the sum of categories	42425

one through six special education ADM) +	42426

(total special education weight X formula amount)	42427

The purposes approved by the department for special education	42428
expenses shall include, but shall not be limited to,	42429
identification of children with disabilities, compliance with	42430
state rules governing the education of children with disabilities	42431
and prescribing the continuum of program options for children	42432
with disabilities, provision of speech language pathology	42433
services, and the portion of the school district's overall	42434
administrative and overhead costs that are attributable to the	42435
district's special education student population.	42436

The scholarships deducted from the school district's account	42437
under section 3310.41 of the Revised Code shall be considered to	42438
be an approved special education and related services expense for	42439
the purpose of the school district's compliance with division	42440
(C)(5) of this section.	42441

The department shall require school districts to report data	42442
annually to allow for monitoring compliance with division (C)(5)	42443
of this section. The department shall annually report to the	42444
governor and the general assembly the amount of money spent by	42445
each school district for special education and related services.	42446

(6) In any fiscal year, a school district shall spend for the	42447
provision of speech language pathology services not less than the	42448
sum of the amount calculated under division (C)(1) of this section	42449
for the students in the district's category one special education	42450
ADM and the amount calculated under division (C)(4) of this	42451
section.	42452

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

42453

(a) "Daily bus miles per student" equals the number of bus	42454
miles traveled per day, divided by transportation base.	42455

(b) "Transportation base" equals total student count as	42456
defined in section 3301.011 of the Revised Code, minus the number	42457
of students enrolled in units for preschool children with	42458
disabilities, plus the number of nonpublic school students	42459
included in transportation ADM.	42460

(c) "Transported student percentage" equals transportation	42461
ADM divided by transportation base.	42462

(d) "Transportation cost per student" equals total operating	42463
costs for board-owned or contractor-operated school buses divided	42464
by transportation base.	42465

(2) Analysis of student transportation cost data has resulted	42466
in a finding that an average efficient transportation use cost per	42467
student can be calculated by means of a regression formula that	42468
has as its two independent variables the number of daily bus miles	42469
per student and the transported student percentage. For fiscal	42470
year 1998 transportation cost data, the average efficient	42471
transportation use cost per student is expressed as follows:	42472

51.79027 + (139.62626 X daily bus miles per student) +	42473

(116.25573 X transported student percentage)	42474

The department of education shall annually determine the	42475
average efficient transportation use cost per student in	42476
accordance with the principles stated in division (D)(2) of this	42477
section, updating the intercept and regression coefficients of the	42478
regression formula modeled in this division, based on an annual	42479
statewide analysis of each school district's daily bus miles per	42480
student, transported student percentage, and transportation cost	42481
per student data. The department shall conduct the annual update	42482
using data, including daily bus miles per student, transported	42483
student percentage, and transportation cost per student data, from	42484
the prior fiscal year. The department shall notify the office of	42485
budget and management of such update by the fifteenth day of	42486
February of each year.	42487

(3) In addition to funds paid under divisions (A), (C), and	42488
(E) of this section, each district with a transported student	42489
percentage greater than zero shall receive a payment equal to a	42490
percentage of the product of the district's transportation base	42491
from the prior fiscal year times the annually updated average	42492
efficient transportation use cost per student, times an inflation	42493
factor of two and eight-tenths per cent to account for the	42494
one-year difference between the data used in updating the formula	42495
and calculating the payment and the year in which the payment is	42496
made. The percentage shall be the following percentage of that	42497
product specified for the corresponding fiscal year:	42498

FISCAL YEAR	PERCENTAGE	42499
2000	52.5%	42500
2001	55%	42501
2002	57.5%	42502
2003 and thereafter	The greater of 60% or the district's state share percentage	42503

The payments made under division (D)(3) of this section each	42504
year shall be calculated based on all of the same prior year's	42505
data used to update the formula.	42506

(4) In addition to funds paid under divisions (D)(2) and (3)	42507
of this section, a school district shall receive a rough road	42508
subsidy if both of the following apply:	42509

(a) Its county rough road percentage is higher than the	42510
statewide rough road percentage, as those terms are defined in	42511
division (D)(5) of this section;	42512

(b) Its district student density is lower than the statewide	42513
student density, as those terms are defined in that division.	42514

(5) The rough road subsidy paid to each district meeting the	42515
qualifications of division (D)(4) of this section shall be	42516
calculated in accordance with the following formula:	42517

(per rough mile subsidy X total rough road miles)	42518

X density multiplier	42519

where:

42520

(a) "Per rough mile subsidy" equals the amount calculated in	42521
accordance with the following formula:	42522

0.75 - {0.75 X [(maximum rough road percentage -	42523

county rough road percentage)/(maximum rough road	42524

percentage - statewide rough road percentage)]}	42525

(i) "Maximum rough road percentage" means the highest county	42526
rough road percentage in the state.	42527

(ii) "County rough road percentage" equals the percentage of	42528
the mileage of state, municipal, county, and township roads that	42529
is rated by the department of transportation as type A, B, C, E2,	42530
or F in the county in which the school district is located or, if	42531
the district is located in more than one county, the county to	42532
which it is assigned for purposes of determining its	42533
cost-of-doing-business factor.	42534

(iii) "Statewide rough road percentage" means the percentage	42535
of the statewide total mileage of state, municipal, county, and	42536
township roads that is rated as type A, B, C, E2, or F by the	42537
department of transportation.	42538

(b) "Total rough road miles" means a school district's total	42539
bus miles traveled in one year times its county rough road	42540
percentage.	42541

(c) "Density multiplier" means a figure calculated in	42542
accordance with the following formula:	42543

1 - [(minimum student density - district student	42544

density)/(minimum student density -	42545

statewide student density)]	42546

(i) "Minimum student density" means the lowest district	42547
student density in the state.	42548

(ii) "District student density" means a school district's	42549
transportation base divided by the number of square miles in the	42550
district.	42551

(iii) "Statewide student density" means the sum of the	42552
transportation bases for all school districts divided by the sum	42553
of the square miles in all school districts.	42554

(6) In addition to funds paid under divisions (D)(2) to (5)	42555
of this section, each district shall receive in accordance with	42556
rules adopted by the state board of education a payment for	42557
students transported by means other than board-owned or	42558
contractor-operated buses and whose transportation is not funded	42559
under division (G) of section 3317.024 of the Revised Code. The	42560
rules shall include provisions for school district reporting of	42561
such students.	42562

(E)(1) The department shall compute and distribute state	42563
vocational education additional weighted costs funds to each	42564
school district in accordance with the following formula:	42565

state share percentage X	42566

the formula amount X	42567

total vocational education weight	42568

In any fiscal year, a school district receiving funds under	42569
division (E)(1) of this section shall spend those funds only for	42570
the purposes that the department designates as approved for	42571
vocational education expenses. Vocational educational expenses	42572
approved by the department shall include only expenses connected	42573
to the delivery of career-technical programming to	42574
career-technical students. The department shall require the school	42575
district to report data annually so that the department may	42576
monitor the district's compliance with the requirements regarding	42577
the manner in which funding received under division (E)(1) of this	42578
section may be spent.	42579

(2) The department shall compute for each school district	42580
state funds for vocational education associated services in	42581
accordance with the following formula:	42582

state share percentage X .05 X the formula amount X	42583

the sum of categories one and two vocational education ADM	42584

In any fiscal year, a school district receiving funds under	42585
division (E)(2) of this section, or through a transfer of funds	42586
pursuant to division (L) of section 3317.023 of the Revised Code,	42587
shall spend those funds only for the purposes that the department	42588
designates as approved for vocational education associated	42589
services expenses, which may include such purposes as	42590
apprenticeship coordinators, coordinators for other vocational	42591
education services, vocational evaluation, and other purposes	42592
designated by the department. The department may deny payment	42593
under division (E)(2) of this section to any district that the	42594
department determines is not operating those services or is using	42595
funds paid under division (E)(2) of this section, or through a	42596
transfer of funds pursuant to division (L) of section 3317.023 of	42597
the Revised Code, for other purposes.	42598

(F) The actual local share in any fiscal year for the	42599
combination of special education and related services additional	42600
weighted costs funding calculated under division (C)(1) of this	42601
section, transportation funding calculated under divisions (D)(2)	42602
and (3) of this section, and vocational education and associated	42603
services additional weighted costs funding calculated under	42604
divisions (E)(1) and (2) of this section shall not exceed for any	42605
school district the product of three and three-tenths mills times	42606
the district's recognized valuation. The department annually shall	42607
pay each school district as an excess cost supplement any amount	42608
by which the sum of the district's attributed local shares for	42609
that funding exceeds that product. For purposes of calculating the	42610
excess cost supplement:	42611

(1) The attributed local share for special education and	42612
related services additional weighted costs funding is the amount	42613
specified in division (C)(2) of this section.	42614

(2) The attributed local share of transportation funding	42615
equals the difference of the total amount calculated for the	42616
district using the formula developed under division (D)(2) of this	42617
section minus the actual amount paid to the district after	42618
applying the percentage specified in division (D)(3) of this	42619
section.	42620

(3) The attributed local share of vocational education and	42621
associated services additional weighted costs funding is the	42622
amount determined as follows:	42623

(1 - state share percentage) X	42624

[(total vocational education weight X	42625

the formula amount) + the payment under	42626

division (E)(2) of this section]	42627

Sec. 3317.023. (A) ~~Notwithstanding section 3317.022 of the~~	42628
~~Revised Code, the~~The amounts required to be paid to a district	42629
under this chapter and Chapter 3306. of the Revised Code shall be	42630
adjusted by the amount of the computations made under divisions	42631
(B) to (N) of this section. The department of education shall not	42632
make payments or adjustments under divisions (B), (C), and (D) of	42633
this section for any fiscal year after fiscal year 2009.	42634

As used in this section:

42635

(1) "Classroom teacher" means a licensed employee who	42636
provides direct instruction to pupils, excluding teachers funded	42637
from money paid to the district from federal sources; educational	42638
service personnel; and vocational and special education teachers.	42639

(2) "Educational service personnel" shall not include such	42640
specialists funded from money paid to the district from federal	42641
sources or assigned full-time to vocational or special education	42642
students and classes and may only include those persons employed	42643
in the eight specialist areas in a pattern approved by the	42644
department of education under guidelines established by the state	42645
board of education.	42646

(3) "Annual salary" means the annual base salary stated in	42647
the state minimum salary schedule for the performance of the	42648
teacher's regular teaching duties that the teacher earns for	42649
services rendered for the first full week of October of the fiscal	42650
year for which the adjustment is made under division (C) of this	42651
section. It shall not include any salary payments for supplemental	42652
teachers contracts.	42653

(4) "Regular student population" means the formula ADM plus	42654
the number of students reported as enrolled in the district	42655
pursuant to division (A)(1) of section 3313.981 of the Revised	42656
Code; minus the number of students reported under division (A)(2)	42657
of section 3317.03 of the Revised Code; minus the FTE of students	42658
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	42659
of that section who are enrolled in a vocational education class	42660
or receiving special education; and minus twenty per cent of the	42661
students enrolled concurrently in a joint vocational school	42662
district.	42663

(5) ~~"State share percentage" has the same meaning as in~~	42664
~~section 3317.022 of the Revised Code.~~	42665

~~(6)~~ "VEPD" means a school district or group of school	42666
districts designated by the department of education as being	42667
responsible for the planning for and provision of vocational	42668
education services to students within the district or group.	42669

~~(7)~~(6) "Lead district" means a school district, including a	42670
joint vocational school district, designated by the department as	42671
a VEPD, or designated to provide primary vocational education	42672
leadership within a VEPD composed of a group of districts.	42673

(B) If the district employs less than one full-time	42674
equivalent classroom teacher for each twenty-five pupils in the	42675
regular student population in any school district, deduct the sum	42676
of the amounts obtained from the following computations:	42677

(1) Divide the number of the district's full-time equivalent	42678
classroom teachers employed by one twenty-fifth;	42679

(2) Subtract the quotient in (1) from the district's regular	42680
student population;	42681

(3) Multiply the difference in (2) by seven hundred fifty-two	42682
dollars.	42683

(C) If a positive amount, add one-half of the amount obtained	42684
by multiplying the number of full-time equivalent classroom	42685
teachers by:	42686

(1) The mean annual salary of all full-time equivalent	42687
classroom teachers employed by the district at their respective	42688
training and experience levels minus;	42689

(2) The mean annual salary of all such teachers at their	42690
respective levels in all school districts receiving payments under	42691
this section.	42692

The number of full-time equivalent classroom teachers used in	42693
this computation shall not exceed one twenty-fifth of the	42694
district's regular student population. In calculating the	42695
district's mean salary under this division, those full-time	42696
equivalent classroom teachers with the highest training level	42697
shall be counted first, those with the next highest training level	42698
second, and so on, in descending order. Within the respective	42699
training levels, teachers with the highest years of service shall	42700
be counted first, the next highest years of service second, and so	42701
on, in descending order.	42702

(D) This division does not apply to a school district that	42703
has entered into an agreement under division (A) of section	42704
3313.42 of the Revised Code. Deduct the amount obtained from the	42705
following computations if the district employs fewer than five	42706
full-time equivalent educational service personnel, including	42707
elementary school art, music, and physical education teachers,	42708
counselors, librarians, visiting teachers, school social workers,	42709
and school nurses for each one thousand pupils in the regular	42710
student population:	42711

(1) Divide the number of full-time equivalent educational	42712
service personnel employed by the district by five	42713
one-thousandths;	42714

(2) Subtract the quotient in (1) from the district's regular	42715
student population;	42716

(3) Multiply the difference in (2) by ninety-four dollars.

42717

(E) If a local school district, or a city or exempted village	42718
school district to which a governing board of an educational	42719
service center provides services pursuant to section 3313.843 of	42720
the Revised Code, deduct the amount of the payment required for	42721
the reimbursement of the governing board under section 3317.11 of	42722
the Revised Code.	42723

(F)(1) If the district is required to pay to or entitled to	42724
receive tuition from another school district under division (C)(2)	42725
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	42726
or if the superintendent of public instruction is required to	42727
determine the correct amount of tuition and make a deduction or	42728
credit under section 3317.08 of the Revised Code, deduct and	42729
credit such amounts as provided in division (J) of section 3313.64	42730
or section 3317.08 of the Revised Code.	42731

(2) For each child for whom the district is responsible for	42732
tuition or payment under division (A)(1) of section 3317.082 or	42733
section 3323.091 of the Revised Code, deduct the amount of tuition	42734
or payment for which the district is responsible.	42735

(G) If the district has been certified by the superintendent	42736
of public instruction under section 3313.90 of the Revised Code as	42737
not in compliance with the requirements of that section, deduct an	42738
amount equal to ten per cent of the amount computed for the	42739
district under ~~section 3317.022~~Chapter 3306. of the Revised Code.	42740

(H) If the district has received a loan from a commercial	42741
lending institution for which payments are made by the	42742
superintendent of public instruction pursuant to division (E)(3)	42743
of section 3313.483 of the Revised Code, deduct an amount equal to	42744
such payments.	42745

(I)(1) If the district is a party to an agreement entered	42746
into under division (D), (E), or (F) of section 3311.06 or	42747
division (B) of section 3311.24 of the Revised Code and is	42748
obligated to make payments to another district under such an	42749
agreement, deduct an amount equal to such payments if the district	42750
school board notifies the department in writing that it wishes to	42751
have such payments deducted.	42752

(2) If the district is entitled to receive payments from	42753
another district that has notified the department to deduct such	42754
payments under division (I)(1) of this section, add the amount of	42755
such payments.	42756

(J) If the district is required to pay an amount of funds to	42757
a cooperative education district pursuant to a provision described	42758
by division (B)(4) of section 3311.52 or division (B)(8) of	42759
section 3311.521 of the Revised Code, deduct such amounts as	42760
provided under that provision and credit those amounts to the	42761
cooperative education district for payment to the district under	42762
division (B)(1) of section 3317.19 of the Revised Code.	42763

(K)(1) If a district is educating a student entitled to	42764
attend school in another district pursuant to a shared education	42765
contract, compact, or cooperative education agreement other than	42766
an agreement entered into pursuant to section 3313.842 of the	42767
Revised Code, credit to that educating district on an FTE basis	42768
both of the following:	42769

(a) An amount equal to the ~~sum of the~~ formula amount ~~plus~~	42770
~~the per pupil amount of the base funding supplements specified in~~	42771
~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code~~.	42772

(b) An amount equal to the current formula amount times the	42773
state share percentage times any multiple applicable to the	42774
student pursuant to section ~~3317.013 or 3317.014~~3306.11 of the	42775
Revised Code.	42776

(2) Deduct any amount credited pursuant to division (K)(1) of	42777
this section from amounts paid to the school district in which the	42778
student is entitled to attend school pursuant to section 3313.64	42779
or 3313.65 of the Revised Code.	42780

(3) If the district is required by a shared education	42781
contract, compact, or cooperative education agreement to make	42782
payments to an educational service center, deduct the amounts from	42783
payments to the district and add them to the amounts paid to the	42784
service center pursuant to section 3317.11 of the Revised Code.	42785

(L)(1) If a district, including a joint vocational school	42786
district, is a lead district of a VEPD, credit to that district	42787
the amounts calculated for all the school districts within that	42788
VEPD pursuant to division (E)(2) of section 3317.022 of the	42789
Revised Code.	42790

(2) Deduct from each appropriate district that is not a lead	42791
district, the amount attributable to that district that is	42792
credited to a lead district under division (L)(1) of this section.	42793

(M) If the department pays a joint vocational school district	42794
under division (G)(4) of section 3317.16 of the Revised Code for	42795
excess costs of providing special education and related services	42796
to a student with a disability, as calculated under division	42797
(G)(2) of that section, the department shall deduct the amount of	42798
that payment from the city, local, or exempted village school	42799
district that is responsible as specified in that section for the	42800
excess costs.	42801

(N)(1) If the district reports an amount of excess cost for	42802
special education services for a child under division (C) of	42803
section 3323.14 of the Revised Code, the department shall pay that	42804
amount to the district.	42805

(2) If the district reports an amount of excess cost for	42806
special education services for a child under division (C) of	42807
section 3323.14 of the Revised Code, the department shall deduct	42808
that amount from the district of residence of that child.	42809

Sec. 3317.024. ~~In addition to the moneys paid to eligible~~	42810
~~school districts pursuant to section 3317.022 of the Revised Code,~~	42811
~~moneys appropriated for the education programs in divisions (A) to~~	42812
~~(I), (K), (L), and (N) of this section shall be distributed to~~	42813
~~school districts meeting the requirements of section 3317.01 of~~	42814
~~the Revised Code; in the case of divisions (G) and (L) of this~~	42815
~~section, to educational service centers as provided in section~~	42816
~~3317.11 of the Revised Code; in the case of divisions (D) and (J)~~	42817
~~of this section, to county MR/DD boards; in the case of division~~	42818
~~(N) of this section, to joint vocational school districts; in the~~	42819
~~case of division (H) of this section, to cooperative education~~	42820
~~school districts; and in the case of division (M) of this section,~~	42821
~~to the institutions defined under section 3317.082 of the Revised~~	42822
~~Code providing elementary or secondary education programs to~~	42823
~~children other than children receiving special education under~~	42824
~~section 3323.091 of the Revised Code.~~ The following shall be	42825
distributed monthly, quarterly, or annually as may be determined	42826
by the state board of education, except that the department of	42827
education shall not make payments under divisions (F), (L), and	42828
(N) of this section for any fiscal year after fiscal year 2009:	42829

(A) An amount for each island school district and each joint	42830
state school district for the operation of each high school and	42831
each elementary school maintained within such district and for	42832
capital improvements for such schools. Such amounts shall be	42833
determined on the basis of standards adopted by the state board of	42834
education.	42835

(B) An amount for each school district operating classes for	42836
children of migrant workers who are unable to be in attendance in	42837
an Ohio school during the entire regular school year. The amounts	42838
shall be determined on the basis of standards adopted by the state	42839
board of education, except that payment shall be made only for	42840
subjects regularly offered by the school district providing the	42841
classes.	42842

(C) An amount for each school district with guidance,	42843
testing, and counseling programs approved by the state board of	42844
education. The amount shall be determined on the basis of	42845
standards adopted by the state board of education.	42846

(D) An amount for the emergency purchase of school buses as	42847
provided for in section 3317.07 of the Revised Code;	42848

(E) An amount for each school district required to pay	42849
tuition for a child in an institution maintained by the department	42850
of youth services pursuant to section 3317.082 of the Revised	42851
Code, provided the child was not included in the calculation of	42852
the district's average daily membership for the preceding school	42853
year.	42854

(F) An amount for adult basic literacy education for each	42855
district participating in programs approved by the state board of	42856
education. The amount shall be determined on the basis of	42857
standards adopted by the state board of education.	42858

(G) An amount for the approved cost of transporting eligible	42859
pupils with disabilities attending a special education program	42860
approved by the department of education whom it is impossible or	42861
impractical to transport by regular school bus in the course of	42862
regular route transportation provided by the district or service	42863
center. No district or service center is eligible to receive a	42864
payment under this division for the cost of transporting any pupil	42865
whom it transports by regular school bus and who is included in	42866
the district's transportation ADM. The state board of education	42867
shall establish standards and guidelines for use by the department	42868
of education in determining the approved cost of such	42869
transportation for each district or service center.	42870

(H) An amount to each school district, including each	42871
cooperative education school district, pursuant to section 3313.81	42872
of the Revised Code to assist in providing free lunches to needy	42873
children and an amount to assist needy school districts in	42874
purchasing necessary equipment for food preparation. The amounts	42875
shall be determined on the basis of rules adopted by the state	42876
board of education.	42877

(I) An amount to each school district, for each pupil	42878
attending a chartered nonpublic elementary or high school within	42879
the district. The amount shall equal the amount appropriated for	42880
the implementation of section 3317.06 of the Revised Code divided	42881
by the average daily membership in grades kindergarten through	42882
twelve in nonpublic elementary and high schools within the state	42883
as determined during the first full week in October of each school	42884
year.	42885

(J) An amount for each county MR/DD board, distributed on the	42886
basis of standards adopted by the state board of education, for	42887
the approved cost of transportation required for children	42888
attending special education programs operated by the county MR/DD	42889
board under section 3323.09 of the Revised Code;	42890

(K) An amount for each school district that establishes a	42891
mentor teacher program that complies with rules of the state board	42892
of education. No school district shall be required to establish or	42893
maintain such a program in any year unless sufficient funds are	42894
appropriated to cover the district's total costs for the program.	42895

(L) An amount to each school district or educational service	42896
center for the total number of gifted units approved pursuant to	42897
section 3317.05 of the Revised Code. The amount for each such unit	42898
shall be the sum of the minimum salary for the teacher of the	42899
unit, calculated on the basis of the teacher's training level and	42900
years of experience pursuant to the salary schedule prescribed in	42901
the version of section 3317.13 of the Revised Code in effect prior	42902
to July 1, 2001, plus fifteen per cent of that minimum salary	42903
amount, plus two thousand six hundred seventy-eight dollars.	42904

(M) An amount to each institution defined under section	42905
3317.082 of the Revised Code providing elementary or secondary	42906
education to children other than children receiving special	42907
education under section 3323.091 of the Revised Code. This amount	42908
for any institution in any fiscal year shall equal the total of	42909
all tuition amounts required to be paid to the institution under	42910
division (A)(1) of section 3317.082 of the Revised Code.	42911

(N) A grant to each school district and joint vocational	42912
school district that operates a "graduation, reality, and	42913
dual-role skills" (GRADS) program for pregnant and parenting	42914
students that is approved by the department. The amount of the	42915
payment shall be the district's state share percentage, as defined	42916
in section 3317.022 or 3317.16 of the Revised Code, times the	42917
GRADS personnel allowance times the full-time-equivalent number of	42918
GRADS teachers approved by the department. The GRADS personnel	42919
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS	42920
program shall include instruction on adoption as an option for	42921
unintended pregnancies.	42922

The state board of education or any other board of education	42923
or governing board may provide for any resident of a district or	42924
educational service center territory any educational service for	42925
which funds are made available to the board by the United States	42926
under the authority of public law, whether such funds come	42927
directly or indirectly from the United States or any agency or	42928
department thereof or through the state or any agency, department,	42929
or political subdivision thereof.	42930

Sec. 3317.025. On or before the first day of June of each	42931
year, the tax commissioner shall certify the following information	42932
to the department of education and the office of budget and	42933
management, for each school district in which the value of the	42934
property described under division (A) of this section exceeds one	42935
per cent of the taxable value of all real and tangible personal	42936
property in the district or in which is located tangible personal	42937
property designed for use or used in strip mining operations,	42938
whose taxable value exceeds five million dollars, and the taxes	42939
upon which the district is precluded from collecting by virtue of	42940
legal proceedings to determine the value of such property:	42941

(A) The total taxable value of all property in the district	42942
owned by a public utility or railroad that has filed a petition	42943
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	42944
(1898), 11 U.S.C. 205, as amended, and all tangible personal	42945
property in the district designed for use or used in strip mining	42946
operations whose taxable value exceeds five million dollars upon	42947
which have not been paid in full on or before the first day of	42948
April of that calendar year all real and tangible personal	42949
property taxes levied for the preceding calendar year and which	42950
the district was precluded from collecting by virtue of	42951
proceedings under section 205 of said act or by virtue of legal	42952
proceedings to determine the tax liability of such strip mining	42953
equipment;	42954

(B) The percentage of the total operating taxes charged and	42955
payable for school district purposes levied against such valuation	42956
for the preceding calendar year that have not been paid by such	42957
date;	42958

(C) The product obtained by multiplying the value certified	42959
under division (A) of this section by the percentage certified	42960
under division (B) of this section. If the value certified under	42961
division (A) of this section includes taxable property owned by a	42962
public utility or railroad that has filed a petition for	42963
reorganization under the bankruptcy act, the amount used in making	42964
the calculation under this division shall be reduced by one per	42965
cent of the total value of all real and tangible personal property	42966
in the district or the value of the utility's or railroad's	42967
property, whichever is less.	42968

Upon receipt of the certification, the department shall	42969
recompute the payments required under ~~section 3317.022~~Chapter	42970
3306. of the Revised Code in the manner the payments would have	42971
been computed if:	42972

(1) The amount certified under division (C) of this section	42973
was not subject to taxation by the district and was not included	42974
in the certification made under division (A)(1), (A)(2), or (D) of	42975
section 3317.021 of the Revised Code.	42976

(2) The amount of taxes charged and payable and unpaid and	42977
used to make the computation under division (B) of this section	42978
had not been levied and had not been used in the computation	42979
required by division (B) of section 3317.021 of the Revised Code.	42980
The department shall pay the district that amount in the ensuing	42981
fiscal year in lieu of the amounts computed under ~~section 3317.022~~	42982
Chapter 3306. of the Revised Code.	42983

If a school district received a grant from the catastrophic	42984
expenditures account pursuant to division (C) of section 3316.20	42985
of the Revised Code on the basis of the same circumstances for	42986
which a recomputation is made under this section, the amount of	42987
the recomputation shall be reduced and transferred in accordance	42988
with division (C) of section 3316.20 of the Revised Code.	42989

Sec. 3317.0210. (A) As used in this section:

42990

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	42991
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	42992

(2) "Chapter 11 corporation" means a corporation, company, or	42993
other business organization that has filed a petition for	42994
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	42995
Stat. 2626, 11 U.S.C. 1101, as amended.	42996

(3) "Uncollectable taxes" means property taxes payable in a	42997
calendar year by a Chapter 11 corporation on its property that a	42998
school district is precluded from collecting by virtue of	42999
proceedings under the Bankruptcy Reform Act.	43000

(4) "Basic state aid" means the state aid calculated for a	43001
school district under ~~section 3317.022~~Chapter 3306. of the	43002
Revised Code.	43003

(5) "Effective value" means the amount obtained by	43004
multiplying the total taxable value certified in a calendar year	43005
under section 3317.021 of the Revised Code by a fraction, the	43006
numerator of which is the total taxes charged and payable in that	43007
calendar year exclusive of the uncollectable taxes payable in that	43008
year, and the denominator of which is the total taxes charged and	43009
payable in that year.	43010

(6) "Total taxes charged and payable" has the same meaning	43011
given "taxes charged and payable" in section 3317.02 of the	43012
Revised Code.	43013

(B)(1) Between the first day of January and the first day of	43014
February of any year, a school district shall notify the	43015
department of education if it has uncollectable taxes payable in	43016
the preceding calendar year from one Chapter 11 corporation.	43017

(2) The department shall verify whether the district has such	43018
uncollectable taxes from such a corporation, and if the district	43019
does, shall immediately request the tax commissioner to certify	43020
the district's total taxes charged and payable in the preceding	43021
calendar year, and the tax commissioner shall certify that	43022
information to the department within thirty days after receiving	43023
the request. For the purposes of this section, taxes are payable	43024
in the calendar year that includes the day prescribed by law for	43025
their payment, including any lawful extension thereof.	43026

(C) Upon receiving the certification from the tax	43027
commissioner, the department shall determine whether the amount of	43028
uncollectable taxes from the corporation equals at least one per	43029
cent of the total taxes charged and payable as certified by the	43030
tax commissioner. If it does, the department shall compute the	43031
district's effective value and shall recompute the basic state aid	43032
payable to the district for the current fiscal year using the	43033
effective value in lieu of the total taxable value used to compute	43034
the basic state aid for the current fiscal year. The difference	43035
between the basic state aid amount originally computed for the	43036
district for the current fiscal year and the recomputed amount	43037
shall be paid to the district from the lottery profits education	43038
fund before the end of the current fiscal year.	43039

(D) Except as provided in division (E) of this section,	43040
amounts received by a school district under division (C) of this	43041
section shall be repaid to the department of education in any	43042
future year to the extent the district receives payments of	43043
uncollectable taxes in such future year. The district shall notify	43044
the department of any amount owed under this division.	43045

(E) If a school district received a grant from the	43046
catastrophic expenditures account pursuant to division (C) of	43047
section 3316.20 of the Revised Code on the basis of the same	43048
circumstances for which a recomputation is made under this	43049
section, the amount of the recomputation shall be reduced and	43050
transferred in accordance with division (C) of section 3316.20 of	43051
the Revised Code.	43052

Sec. 3317.0211. (A) As used in this section:

43053

(1) "Port authority" means any port authority as defined in	43054
section 4582.01 or 4582.21 of the Revised Code.	43055

(2) "Real property" includes public utility real property and	43056
"personal property" includes public utility personal property.	43057

(3) "Uncollected taxes" means property taxes charged and	43058
payable against the property of a port authority for a tax year	43059
that a school district has not collected.	43060

(4) "Basic state aid" means the state aid calculated for a	43061
school district under ~~section 3317.022~~Chapter 3306. of the	43062
Revised Code.	43063

(5) "Effective value" means the sum of the effective	43064
residential/agricultural real property value, the effective	43065
nonresidential/agricultural real property value, and the effective	43066
personal value.	43067

(6) "Effective residential/agricultural real property value"	43068
means, for a tax year, the amount obtained by multiplying the	43069
value for that year of residential/agricultural real property	43070
subject to taxation in the district by a fraction, the numerator	43071
of which is the total taxes charged and payable for that year	43072
against the residential/agricultural real property subject to	43073
taxation in the district, exclusive of the uncollected taxes for	43074
that year on all real property subject to taxation in the	43075
district, and the denominator of which is the total taxes charged	43076
and payable for that year against the residential/agricultural	43077
real property subject to taxation in the district.	43078

(7) "Effective nonresidential/agricultural real property	43079
value" means, for a tax year, the amount obtained by multiplying	43080
the value for that year of nonresidential/agricultural real	43081
property subject to taxation in the district by a fraction, the	43082
numerator of which is the total taxes charged and payable for that	43083
year against the nonresidential/agricultural real property subject	43084
to taxation in the district, exclusive of the uncollected taxes	43085
for that year on all real property subject to taxation in the	43086
district, and the denominator of which is the total taxes charged	43087
and payable for that year against the nonresidential/agricultural	43088
real property subject to taxation in the district.	43089

(8) "Effective personal value" means, for a tax year, the	43090
amount obtained by multiplying the value for that year certified	43091
under division (A)(2) of section 3317.021 of the Revised Code by a	43092
fraction, the numerator of which is the total taxes charged and	43093
payable for that year against personal property subject to	43094
taxation in the district, exclusive of the uncollected taxes for	43095
that year on that property, and the denominator of which is the	43096
total taxes charged and payable for that year against personal	43097
property subject to taxation in the district.	43098

(9) "Nonresidential/agricultural real property value" means,	43099
for a tax year, the sum of the values certified for a school	43100
district for that year under division (B)(2)(a) of this section,	43101
and "residential/agricultural real property value" means, for a	43102
tax year, the sum of the values certified for a school district	43103
under division (B)(2)(b) of this section.	43104

(10) "Taxes charged and payable against real property" means	43105
the taxes charged and payable against that property after making	43106
the reduction required by section 319.301 of the Revised Code.	43107

(11) "Total taxes charged and payable" has the same meaning	43108
given "taxes charged and payable" in section 3317.02 of the	43109
Revised Code.	43110

(B)(1) By the first day of August of any calendar year, a	43111
school district shall notify the department of education if it has	43112
any uncollected taxes from one port authority for the second	43113
preceding tax year whose taxes charged and payable represent at	43114
least one-half of one per cent of the district's total taxes	43115
charged and payable for that tax year.	43116

(2) The department shall verify whether the district has such	43117
uncollected taxes by the first day of September, and if the	43118
district does, shall immediately request the county auditor of	43119
each county in which the school district has territory to certify	43120
the following information concerning the district's property	43121
values and taxes for the second preceding tax year, and each such	43122
auditor shall certify that information to the department within	43123
thirty days of receiving the request:	43124

(a) The value of the property subject to taxation in the	43125
district that was classified as nonresidential/agricultural real	43126
property pursuant to section 5713.041 of the Revised Code, and the	43127
taxes charged and payable on that property; and	43128

(b) The value of the property subject to taxation in the	43129
district that was classified as residential/agricultural real	43130
property under section 5713.041 of the Revised Code.	43131

(C) By the fifteenth day of November, the department shall	43132
compute the district's effective nonresidential/agricultural real	43133
property value, effective residential/agricultural real property	43134
value, effective personal value, and effective value, and shall	43135
determine whether the school district's effective value for the	43136
second preceding tax year is at least one per cent less than its	43137
total value for that year certified under divisions (A)(1) and (2)	43138
of section 3317.021 of the Revised Code. If it is, the department	43139
shall recompute the basic state aid payable to the district for	43140
the immediately preceding fiscal year using the effective value in	43141
lieu of the amounts previously certified under section 3317.021 of	43142
the Revised Code. The difference between the original basic state	43143
aid amount computed for the district for the preceding fiscal year	43144
and the recomputed amount shall be paid to the district from the	43145
lottery profits education fund before the end of the current	43146
fiscal year.	43147

(D) Except as provided in division (E) of this section,	43148
amounts received by a school district under division (C) of this	43149
section shall be repaid to the department of education in any	43150
future year to the extent the district receives payments of	43151
uncollectable taxes in such future year. The department shall	43152
notify a district of any amount owed under this division.	43153

(E) If a school district received a grant from the	43154
catastrophic expenditures account pursuant to division (C) of	43155
section 3316.20 of the Revised Code on the basis of the same	43156
circumstances for which a recomputation is made under this	43157
section, the amount of the recomputation shall be reduced and	43158
transferred in accordance with division (C) of section 3316.20 of	43159
the Revised Code.	43160

Sec. 3317.0216. (A) As used in this section:

43161

(1) "Total taxes charged and payable for current expenses"	43162
means the sum of ~~the~~:	43163

(a) The taxes charged and payable as certified under division	43164
(A)(3)(a) of section 3317.021 of the Revised Code less any amounts	43165
reported under division (A)(3)(b) of that section~~, and the~~; plus	43166

(b) The tax distribution for the preceding year under any	43167
school district income tax levied by the district pursuant to	43168
Chapter 5748. of the Revised Code to the extent the revenue from	43169
the income tax is allocated or apportioned to current expenses,	43170
excluding the amount allocated or apportioned for the project	43171
cost, debt service, or maintenance set-aside associated with a	43172
state-assisted classroom facilities project as authorized by	43173
section 3318.052 of the Revised Code.	43174

(2) "Charge-off amount" means two and three-tenths per cent	43175
multiplied by (the sum of recognized valuation and property	43176
exemption value).	43177

(3) Until fiscal year 2003, the "actual local share of	43178
special education, transportation, and vocational education	43179
funding" for any school district means the sum of the district's	43180
attributed local shares described in divisions (F)(1) to (3) of	43181
section 3317.022 of the Revised Code. Beginning in fiscal year	43182
2003, the "actual local share of special education,	43183
transportation, and vocational education funding" means that sum	43184
minus the amount of any excess cost supplement payment calculated	43185
for the district under division (F) of section 3317.022 of the	43186
Revised Code.	43187

(B) Upon receiving the certifications under section 3317.021	43188
of the Revised Code, the department of education shall determine	43189
for each city, local, and exempted village school district whether	43190
the district's charge-off amount is greater than the district's	43191
total taxes charged and payable for current expenses, and if the	43192
charge-off amount is greater, shall pay the district the amount	43193
of the difference. A payment shall not be made to any school	43194
district for which the computation under division (A) of section	43195
3317.022 of the Revised Code equals zero.	43196

(C)(1) If a district's charge-off amount is equal to or	43197
greater than its total taxes charged and payable for current	43198
expenses, the department shall, in addition to the payment	43199
required under division (B) of this section, pay the district the	43200
amount of its actual local share of special education,	43201
transportation, and vocational education funding.	43202

(2) If a district's charge-off amount is less than its total	43203
taxes charged and payable for current expenses, the department	43204
shall pay the district any amount by which its actual local share	43205
of special education, transportation, and vocational education	43206
funding exceeds its total taxes charged and payable for current	43207
expenses minus its charge-off amount.	43208

(D) If a school district that received a payment under	43209
division (B) or (C) of this section in the prior fiscal year is	43210
ineligible for payment under those divisions in the current fiscal	43211
year, the department shall determine if the ineligibility is the	43212
result of a property tax or income tax levy approved by the	43213
district's voters to take effect in tax year 2005 or thereafter.	43214
If the department determines that is the case, and calculates that	43215
the levy causing the ineligibility exceeded by at least one mill	43216
the equivalent millage of the prior year's payment under divisions	43217
(B) and (C) of this section, the department shall make a payment	43218
to the district for the first three years that the district loses	43219
eligibility for payment under divisions (B) and (C) of this	43220
section, as follows:	43221

(1) In the first year of ineligibility, the department shall	43222
pay the district seventy-five per cent of the amount it last paid	43223
the district under divisions (B) and (C) of this section.	43224

(2) In the second year of ineligibility, the department shall	43225
pay the district fifty per cent of the amount it last paid the	43226
district under those divisions.	43227

(3) In the third year of ineligibility, the department shall	43228
pay the district twenty-five per cent of the amount it last paid	43229
the district under those divisions.	43230

(E) A district that receives payment under division (D) of	43231
this section and subsequently qualifies for payment under division	43232
(B) or (C) of this section is ineligible for future payments under	43233
division (D) of this section.	43234

(F) To enable the department of education to make the	43235
determinations and to calculate payments under division (D) of	43236
this section, on March 30, 2006, and on or before the first day	43237
of March of each year thereafter, the department shall send to	43238
the tax commissioner a list of school districts receiving	43239
payments under division (B) or (C) of this section for the	43240
current fiscal year. On or before the first day of the following	43241
June, the tax commissioner shall certify to the department of	43242
education for those school districts the information required by	43243
division (A)(8) of section 3317.021 of the Revised Code.	43244

Sec. 3317.03. ~~Notwithstanding divisions (A)(1), (B)(1), and~~	43245
~~(C) of this section, except as provided in division (A)(2)(h) of~~	43246
~~this section, any student enrolled in kindergarten more than half~~	43247
~~time shall be reported as one-half student under this section~~The	43248
information certified and verified under this section shall be	43249
used to calculate payments under this chapter and Chapter 3306.	43250
of the Revised Code.	43251

(A) The superintendent of each city, local, and exempted	43252
village school district ~~and of each educational service center~~	43253
shall, for the schools under the superintendent's supervision,	43254
certify to the state board of education on or before the fifteenth	43255
day of October in each year for the first full school week in	43256
October the average daily membership of students receiving	43257
services from schools under the superintendent's supervision, and	43258
the numbers of other students entitled to attend school in the	43259
district under section 3313.64 or 3313.65 of the Revised Code the	43260
superintendent is required to report under this section, so that	43261
the department of education can calculate the district's formula	43262
ADM. ~~Beginning in fiscal year 2007, each superintendent also~~	43263
~~shall certify to the state board, for the schools under the~~	43264
~~superintendent's supervision, the formula ADM for the first full~~	43265
~~week in February.~~ If a school under the superintendent's	43266
supervision is closed for one or more days during that week due	43267
to hazardous weather conditions or other circumstances described	43268
in the first paragraph of division (A)(2) of section 3306.01 and	43269
the first paragraph of division (B) of section 3317.01 of the	43270
Revised Code, the superintendent may apply to the superintendent	43271
of public instruction for a waiver, under which the	43272
superintendent of public instruction may exempt the district	43273
superintendent from certifying the ~~formula ADM~~average daily	43274
membership for that school for that week and specify an	43275
alternate week for certifying the ~~formula ADM~~average daily	43276
membership of that school.	43277

The ~~formula ADM shall consist of the~~ average daily membership	43278
during such week shall consist of the sum of the following:	43279

(1) On an FTE basis, the number of students in grades	43280
kindergarten through twelve receiving any educational services	43281
from the district, except that the following categories of	43282
students shall not be included in the determination:	43283

(a) Students enrolled in adult education classes;

43284

(b) ~~Adjacent or other district students enrolled in the~~	43285
~~district under an open enrollment policy pursuant to section~~	43286
~~3313.98 of the Revised Code;~~	43287

~~(c)~~ Students receiving services in the district pursuant to a	43288
compact, cooperative education agreement, or a contract, but who	43289
are entitled to attend school in another district pursuant to	43290
section 3313.64 or 3313.65 of the Revised Code;	43291

~~(d)~~(c) Students for whom tuition is payable pursuant to	43292
sections 3317.081 and 3323.141 of the Revised Code;	43293

~~(e)~~(d) Students receiving services in the district through a	43294
scholarship awarded under section 3310.41 of the Revised Code.	43295

(2) On an FTE basis, ~~except as provided in division (A)(2)(h)~~	43296
~~of this section,~~ the number of students entitled to attend school	43297
in the district pursuant to section 3313.64 or 3313.65 of the	43298
Revised Code, but receiving educational services in grades	43299
kindergarten through twelve from one or more of the following	43300
entities:	43301

(a) ~~A community school pursuant to Chapter 3314. of the~~	43302
~~Revised Code, including any participation in a college pursuant to~~	43303
~~Chapter 3365. of the Revised Code while enrolled in such community~~	43304
~~school;~~	43305

~~(b)~~ An alternative school pursuant to sections 3313.974 to	43306
3313.979 of the Revised Code as described in division (I)(2)(a) or	43307
(b) of this section;	43308

~~(c)~~(b) A college pursuant to Chapter 3365. of the Revised	43309
Code, except when the student is enrolled in the college while	43310
also enrolled in ~~a community school pursuant to Chapter 3314. or~~ a	43311
science, technology, engineering, and mathematics school	43312
~~established under Chapter 3326.~~that is governed as provided in	43313
section 3326.51 of the Revised Code;	43314

~~(d) An adjacent or other school district under an open~~	43315
~~enrollment policy adopted pursuant to section 3313.98 of the~~	43316
~~Revised Code;~~	43317

~~(e)~~(c) An educational service center or cooperative education	43318
district;	43319

~~(f)~~(d) Another school district under a cooperative education	43320
agreement, compact, or contract;	43321

~~(g)~~(e) A chartered nonpublic school with a scholarship paid	43322
under section 3310.08 of the Revised Code;	43323

~~(h)~~(f) An alternative public provider or a registered private	43324
provider with a scholarship awarded under section 3310.41 of the	43325
Revised Code. ~~Each such scholarship student who is enrolled in~~	43326
~~kindergarten shall be counted as one full-time-equivalent~~	43327
~~student.~~	43328

As used in this section, "alternative public provider" and	43329
"registered private provider" have the same meanings as in section	43330
3310.41 of the Revised Code,.	43331

~~(i)~~(g) A science, technology, engineering, and mathematics	43332
school ~~established under Chapter 3326.~~that is governed as	43333
provided in section 3326.51 of the Revised Code, including any	43334
participation in a college pursuant to Chapter 3365. of the	43335
Revised Code while enrolled in the school.	43336

(3) ~~Twenty per cent of the~~The number of students enrolled in	43337
a joint vocational school district ~~or under a vocational~~	43338
~~education compact~~, excluding any students entitled to attend	43339
school in the district under section 3313.64 or 3313.65 of the	43340
Revised Code who are enrolled in another school district through	43341
an open enrollment policy ~~as reported under division (A)(2)(d) of~~	43342
~~this section~~ and then enroll in a joint vocational school district	43343
or under a vocational education compact;	43344

(4) The number of children with disabilities, other than	43345
preschool children with disabilities, entitled to attend school	43346
in the district pursuant to section 3313.64 or 3313.65 of the	43347
Revised Code who are placed by the district with a county MR/DD	43348
board, minus the number of such children placed with a county	43349
MR/DD board in fiscal year 1998. If this calculation produces a	43350
negative number, the number reported under division (A)(4) of	43351
this section shall be zero.	43352

~~(5) Beginning in fiscal year 2007, in the case of the report~~	43353
~~submitted for the first full week in February, or the alternative~~	43354
~~week if specified by the superintendent of public instruction, the~~	43355
~~number of students reported under division (A)(1) or (2) of this~~	43356
~~section for the first full week of the preceding October but who~~	43357
~~since that week have received high school diplomas.~~	43358

(B) To enable the department of education to obtain the data	43359
needed to complete the calculation of payments pursuant to this	43360
chapter and Chapter 3306. of the Revised Code, in addition to the	43361
~~formula ADM~~average daily membership, each superintendent shall	43362
report separately the following student counts for the same week	43363
for which ~~formula ADM~~average daily membership is certified:	43364

(1) The total average daily membership in regular learning	43365
day classes included in the report under division (A)(1) or (2)	43366
of this section for each of the individual grades kindergarten,	43367
~~and each of grades one~~ through twelve in schools under the	43368
superintendent's supervision;	43369

(2) The number of all preschool children with disabilities	43370
enrolled as of the first day of December in classes in the	43371
district that are eligible for approval under division (B) of	43372
section 3317.05 of the Revised Code and the number of those	43373
classes, which shall be reported not later than the fifteenth day	43374
of December, in accordance with rules adopted under that section;	43375

(3) The number of children entitled to attend school in the	43376
district pursuant to section 3313.64 or 3313.65 of the Revised	43377
Code who are:	43378

(a) Participating in a pilot project scholarship program	43379
established under sections 3313.974 to 3313.979 of the Revised	43380
Code as described in division (I)(2)(a) or (b) of this section;	43381

(b) Enrolled in a college under Chapter 3365. of the Revised	43382
Code, except when the student is enrolled in the college while	43383
also enrolled in ~~a community school pursuant to Chapter 3314. or~~ a	43384
science, technology, engineering, and mathematics school	43385
~~established under Chapter 3326.~~that is governed as provided in	43386
section 3326.51 of the Revised Code;	43387

(c) Enrolled in an adjacent or other school district under	43388
section 3313.98 of the Revised Code;	43389

(d) Enrolled in a community school established under Chapter	43390
3314. of the Revised Code that is not an internet- or	43391
computer-based community school as defined in section 3314.02 of	43392
the Revised Code, including any participation in a college	43393
pursuant to Chapter 3365. of the Revised Code while enrolled in	43394
such community school;	43395

(e) Enrolled in an internet- or computer-based community	43396
school, as defined in section 3314.02 of the Revised Code,	43397
including any participation in a college pursuant to Chapter 3365.	43398
of the Revised Code while enrolled in the school;	43399

(f) Enrolled in a chartered nonpublic school with a	43400
scholarship paid under section 3310.08 of the Revised Code;	43401

(g) Enrolled in kindergarten through grade twelve in an	43402
alternative public provider or a registered private provider with	43403
a scholarship awarded under section 3310.41 of the Revised Code;	43404

(h) Enrolled as a preschool child with a disability in an	43405
alternative public provider or a registered private provider with	43406
a scholarship awarded under section 3310.41 of the Revised Code;	43407

(i) Participating in a program operated by a county MR/DD	43408
board or a state institution;	43409

(j) Enrolled in a science, technology, engineering, and	43410
mathematics school ~~established under Chapter 3326.~~that is	43411
governed as provided in section 3326.51 of the Revised Code,	43412
including any participation in a college pursuant to Chapter	43413
3365. of the Revised Code while enrolled in the school.	43414

(4) The number of pupils enrolled in joint vocational	43415
schools;	43416

(5) The average daily membership of children with	43417
disabilities reported under division (A)(1) or (2) of this	43418
section receiving special education services for the category one	43419
disability described in division ~~(A)~~(C)(1) of section ~~3317.013~~	43420
3306.02 of the Revised Code;	43421

(6) The average daily membership of children with	43422
disabilities reported under division (A)(1) or (2) of this	43423
section receiving special education services for category two	43424
disabilities described in division ~~(B)~~(C)(2) of section ~~3317.013~~	43425
3306.02 of the Revised Code;	43426

(7) The average daily membership of children with	43427
disabilities reported under division (A)(1) or (2) of this	43428
section receiving special education services for category three	43429
disabilities described in division (C)(3) of section ~~3317.013~~	43430
3306.02 of the Revised Code;	43431

(8) The average daily membership of children with	43432
disabilities reported under division (A)(1) or (2) of this	43433
section receiving special education services for category four	43434
disabilities described in division ~~(D)~~(C)(4) of section ~~3317.013~~	43435
3306.02 of the Revised Code;	43436

(9) The average daily membership of children with	43437
disabilities reported under division (A)(1) or (2) of this	43438
section receiving special education services for the category	43439
five disabilities described in division ~~(E)~~(C)(5) of section	43440
~~3317.013~~3306.02 of the Revised Code;	43441

(10) The combined average daily membership of children with	43442
disabilities reported under division (A)(1) or (2) and under	43443
division (B)(3)(h) of this section receiving special education	43444
services for category six disabilities described in division	43445
~~(F)~~(C)(6) of section ~~3317.013~~3306.02 of the Revised Code,	43446
including children attending a special education program operated	43447
by an alternative public provider or a registered private	43448
provider with a scholarship awarded under section 3310.41 of the	43449
Revised Code;	43450

(11) The average daily membership of pupils reported under	43451
division (A)(1) or (2) of this section enrolled in category one	43452
vocational education programs or classes, described in division	43453
(A) of section 3317.014 of the Revised Code, operated by the	43454
school district or by another district, other than a joint	43455
vocational school district, or by an educational service center,	43456
excluding any student reported under division (B)(3)(e) of this	43457
section as enrolled in an internet- or computer-based community	43458
school, notwithstanding division (C) of section 3317.02 of the	43459
Revised Code and division (C)(3) of this section;	43460

(12) The average daily membership of pupils reported under	43461
division (A)(1) or (2) of this section enrolled in category two	43462
vocational education programs or services, described in division	43463
(B) of section 3317.014 of the Revised Code, operated by the	43464
school district or another school district, other than a joint	43465
vocational school district, or by an educational service center,	43466
excluding any student reported under division (B)(3)(e) of this	43467
section as enrolled in an internet- or computer-based community	43468
school, notwithstanding division (C) of section 3317.02 of the	43469
Revised Code and division (C)(3) of this section;	43470

Beginning with fiscal year 2010, vocational education ADM	43471
shall not be used to calculate a district's funding but shall be	43472
reported under divisions (B)(11) and (12) of this section for	43473
statistical purposes.	43474

(13) The average number of children transported by the school	43475
district on board-owned or contractor-owned and -operated buses,	43476
reported in accordance with rules adopted by the department of	43477
education;	43478

(14)(a) The number of children, other than preschool children	43479
with disabilities, the district placed with a county MR/DD board	43480
in fiscal year 1998;	43481

(b) The number of children with disabilities, other than	43482
preschool children with disabilities, placed with a county MR/DD	43483
board in the current fiscal year to receive special education	43484
services for the category one disability described in division	43485
~~(A)~~(C)(1) of section ~~3317.013~~3306.02 of the Revised Code;	43486

(c) The number of children with disabilities, other than	43487
preschool children with disabilities, placed with a county MR/DD	43488
board in the current fiscal year to receive special education	43489
services for category two disabilities described in division	43490
~~(B)~~(C)(2) of section ~~3317.013~~3306.02 of the Revised Code;	43491

(d) The number of children with disabilities, other than	43492
preschool children with disabilities, placed with a county MR/DD	43493
board in the current fiscal year to receive special education	43494
services for category three disabilities described in division	43495
(C)(3) of section ~~3317.013~~3306.02 of the Revised Code;	43496

(e) The number of children with disabilities, other than	43497
preschool children with disabilities, placed with a county MR/DD	43498
board in the current fiscal year to receive special education	43499
services for category four disabilities described in division	43500
~~(D)~~(C)(4) of section ~~3317.013~~3306.02 of the Revised Code;	43501

(f) The number of children with disabilities, other than	43502
preschool children with disabilities, placed with a county MR/DD	43503
board in the current fiscal year to receive special education	43504
services for the category five disabilities described in division	43505
~~(E)~~(C)(5) of section ~~3317.013~~3306.02 of the Revised Code;	43506

(g) The number of children with disabilities, other than	43507
preschool children with disabilities, placed with a county MR/DD	43508
board in the current fiscal year to receive special education	43509
services for category six disabilities described in division	43510
~~(F)~~(C)(6) of section ~~3317.013~~3306.02 of the Revised Code.	43511

(15) For the students reported under division (A)(1) of this	43512
section, the identity of the school district in which the student	43513
is entitled to attend school under section 3313.64 or 3313.65 of	43514
the Revised Code, by name of district or by a district	43515
identifying code or both, as required by the department for	43516
purposes of this division.	43517

(C)(1) ~~Except as otherwise provided in this section for~~	43518
~~kindergarten students, the~~The average daily membership in	43519
divisions (B)(1) to (12) of this section shall be based upon the	43520
number of full-time equivalent students. The state board of	43521
education shall adopt rules defining full-time equivalent students	43522
and for determining the average daily membership therefrom for the	43523
purposes of divisions (A), (B), and (D) of this section. Each	43524
student enrolled in kindergarten shall be counted as one full-time	43525
equivalent student regardless of whether the student is enrolled	43526
in a part-day or all-day kindergarten class.	43527

(2) A student enrolled in ~~a community school established~~	43528
~~under Chapter 3314. or~~ a science, technology, engineering, and	43529
mathematics school ~~established under Chapter 3326.~~that is	43530
governed as provided in section 3326.51 of the Revised Code	43531
shall be counted in the formula ADM and, if applicable, the	43532
category one, two, three, four, five, or six special education	43533
ADM of the school district in which the student is entitled to	43534
attend school under section 3313.64 or 3313.65 of the Revised	43535
Code for the same proportion of the school year that the student	43536
is counted in the enrollment of ~~the community school or~~ the	43537
science, technology, engineering, and mathematics school for	43538
purposes of section ~~3314.08 or~~ 3326.33 of the Revised Code.	43539
Notwithstanding the number of students reported pursuant to	43540
division (B)(3)~~(d), (e), or~~ (j) of this section, the department	43541
may adjust the formula ADM of a school district to account for	43542
students entitled to attend school in the district under	43543
section 3313.64 or 3313.65 of the Revised Code who are enrolled	43544
in ~~a community school or~~such a science, technology,	43545
engineering, and mathematics school for only a portion of the	43546
school year.	43547

(3) No child shall be counted as more than a total of one	43548
child in the sum of the average daily memberships of a school	43549
district under division (A), divisions (B)(1) to (12), or division	43550
(D) of this section, except as follows:	43551

(a) A child with a disability described in division (C) of	43552
section ~~3317.013~~3306.02 of the Revised Code may be counted both	43553
in formula ADM and in category one, two, three, four, five, or	43554
six special education ADM and, if applicable, in category one or	43555
two vocational education ADM. As provided in division (C) of	43556
section 3317.02 of the Revised Code, such a child shall be counted	43557
in category one, two, three, four, five, or six special education	43558
ADM in the same proportion that the child is counted in formula	43559
ADM.	43560

(b) A child enrolled in vocational education programs or	43561
classes described in section 3317.014 of the Revised Code may be	43562
counted both in formula ADM and category one or two vocational	43563
education ADM and, if applicable, in category one, two, three,	43564
four, five, or six special education ADM. Such a child shall be	43565
counted in category one or two vocational education ADM in the	43566
same proportion as the percentage of time that the child spends in	43567
the vocational education programs or classes.	43568

(4) Based on the information reported under this section, the	43569
department of education shall determine the total student count,	43570
as defined in section 3301.011 of the Revised Code, for each	43571
school district.	43572

(D)(1) The superintendent of each joint vocational school	43573
district shall certify to the superintendent of public instruction	43574
on or before the fifteenth day of October in each year for the	43575
first full school week in October the formula ADM, for purposes of	43576
section 3318.42 of the Revised Code and for any other purpose	43577
prescribed by law for which "formula ADM" of the joint vocational	43578
district is a factor. ~~Beginning in fiscal year 2007, each~~	43579
~~superintendent also shall certify to the state superintendent the~~	43580
~~formula ADM for the first full week in February.~~ If a school	43581
operated by the joint vocational school district is closed for	43582
one or more days during that week due to hazardous weather	43583
conditions or other circumstances described in the first	43584
paragraph of division (A)(2) of section 3306.01 or the first	43585
paragraph of division (B) of section 3317.01 of the Revised Code,	43586
the superintendent may apply to the superintendent of public	43587
instruction for a waiver, under which the superintendent of	43588
public instruction may exempt the district superintendent from	43589
certifying the formula ADM for that school for that week and	43590
specify an alternate week for certifying the formula ADM of that	43591
school.	43592

The formula ADM, except as otherwise provided in this	43593
division, shall consist of the average daily membership during	43594
such week, on an FTE basis, of the number of students receiving	43595
any educational services from the district, including students	43596
enrolled in a community school established under Chapter 3314. or	43597
a science, technology, engineering, and mathematics school	43598
established under Chapter 3326. of the Revised Code who are	43599
attending the joint vocational district under an agreement	43600
between the district board of education and the governing	43601
authority of the community school or the governing body of the	43602
science, technology, engineering, and mathematics school and are	43603
entitled to attend school in a city, local, or exempted village	43604
school district whose territory is part of the territory of the	43605
joint vocational district. ~~Beginning in fiscal year 2007, in the~~	43606
~~case of the report submitted for the first week in February, or~~	43607
~~the alternative week if specified by the superintendent of public~~	43608
~~instruction, the superintendent of the joint vocational school~~	43609
~~district may include the number of students reported under~~	43610
~~division (D)(1) of this section for the first full week of the~~	43611
~~preceding October but who since that week have received high~~	43612
~~school diplomas.~~	43613

The following categories of students shall not be included in	43614
the determination made under division (D)(1) of this section:	43615

(a) Students enrolled in adult education classes;

43616

(b) ~~Adjacent or other district joint vocational students~~	43617
~~enrolled in the district under an open enrollment policy pursuant~~	43618
~~to section 3313.98 of the Revised Code;~~	43619

~~(c)~~ Students receiving services in the district pursuant to a	43620
compact, cooperative education agreement, or a contract, but who	43621
are entitled to attend school in a city, local, or exempted	43622
village school district whose territory is not part of the	43623
territory of the joint vocational district;	43624

~~(d)~~(c) Students for whom tuition is payable pursuant to	43625
sections 3317.081 and 3323.141 of the Revised Code.	43626

(2) ~~To enable the department of education to obtain the data~~	43627
~~needed to complete the calculation of payments pursuant to this~~	43628
~~chapter, in~~In addition to the formula ADM, each superintendent	43629
shall report separately the average daily membership included in	43630
the report under division (D)(1) of this section for each of the	43631
following categories of students for the same week for which	43632
formula ADM is certified:	43633

(a) Students enrolled in each individual grade included in	43634
the joint vocational district schools;	43635

(b) Children with disabilities receiving special education	43636
services for the category one disability described in division	43637
~~(A)~~(C)(1) of section ~~3317.013~~3306.02 of the Revised Code;	43638

(c) Children with disabilities receiving special education	43639
services for the category two disabilities described in division	43640
~~(B)~~(C)(2) of section ~~3317.013~~3306.02 of the Revised Code;	43641

(d) Children with disabilities receiving special education	43642
services for category three disabilities described in division	43643
(C)(3) of section ~~3317.013~~3306.02 of the Revised Code;	43644

(e) Children with disabilities receiving special education	43645
services for category four disabilities described in division	43646
~~(D)~~(C)(4) of section ~~3317.013~~3306.02 of the Revised Code;	43647

(f) Children with disabilities receiving special education	43648
services for the category five disabilities described in division	43649
~~(E)~~(C)(5) of section ~~3317.013~~3306.02 of the Revised Code;	43650

(g) Children with disabilities receiving special education	43651
services for category six disabilities described in division	43652
~~(F)~~(C)(6) of section ~~3317.013~~3306.02 of the Revised Code;	43653

(h) Students receiving category one vocational education	43654
services, described in division (A) of section 3317.014 of the	43655
Revised Code;	43656

(i) Students receiving category two vocational education	43657
services, described in division (B) of section 3317.014 of the	43658
Revised Code.	43659

The superintendent of each joint vocational school district	43660
shall also indicate the city, local, or exempted village school	43661
district in which each joint vocational district pupil is entitled	43662
to attend school pursuant to section 3313.64 or 3313.65 of the	43663
Revised Code.	43664

(E) In each school of each city, local, exempted village,	43665
joint vocational, and cooperative education school district there	43666
shall be maintained a record of school membership, which record	43667
shall accurately show, for each day the school is in session, the	43668
actual membership enrolled in regular day classes. For the purpose	43669
of determining average daily membership, the membership figure of	43670
any school shall not include any pupils except those pupils	43671
described by division (A) of this section. The record of	43672
membership for each school shall be maintained in such manner that	43673
no pupil shall be counted as in membership prior to the actual	43674
date of entry in the school and also in such manner that where for	43675
any cause a pupil permanently withdraws from the school that pupil	43676
shall not be counted as in membership from and after the date of	43677
such withdrawal. There shall not be included in the membership of	43678
any school any of the following:	43679

(1) Any pupil who has graduated from the twelfth grade of a	43680
public or nonpublic high school;	43681

(2) Any pupil who is not a resident of the state;

43682

(3) Any pupil who was enrolled in the schools of the district	43683
during the previous school year when ~~tests~~assessments were	43684
administered under section 3301.0711 of the Revised Code but did	43685
not take one or more of the ~~tests~~assessments required by that	43686
section and was not excused pursuant to division (C)(1) or (3) of	43687
that section;	43688

(4) Any pupil who has attained the age of twenty-two years,	43689
except for veterans of the armed services whose attendance was	43690
interrupted before completing the recognized twelve-year course of	43691
the public schools by reason of induction or enlistment in the	43692
armed forces and who apply for reenrollment in the public school	43693
system of their residence not later than four years after	43694
termination of war or their honorable discharge.	43695

If, however, any veteran described by division (E)(4) of this	43696
section elects to enroll in special courses organized for veterans	43697
for whom tuition is paid under the provisions of federal laws, or	43698
otherwise, that veteran shall not be included in average daily	43699
membership.	43700

Notwithstanding division (E)(3) of this section, the	43701
membership of any school may include a pupil who did not take a	43702
~~test~~an assessment required by section 3301.0711 of the Revised	43703
Code if the superintendent of public instruction grants a waiver	43704
from the requirement to take the ~~test~~assessment to the specific	43705
pupil and a parent is not paying tuition for the pupil pursuant	43706
to section 3313.6410 of the Revised Code. The superintendent may	43707
grant such a waiver only for good cause in accordance with rules	43708
adopted by the state board of education.	43709

Except as provided in divisions (B)(2) and (F) of this	43710
section, the average daily membership figure of any local, city,	43711
exempted village, or joint vocational school district shall be	43712
determined by dividing the figure representing the sum of the	43713
number of pupils enrolled during each day the school of attendance	43714
is actually open for instruction during the week for which the	43715
~~formula ADM~~average daily membership is being certified by the	43716
total number of days the school was actually open for instruction	43717
during that week. For purposes of state funding, "enrolled"	43718
persons are only those pupils who are attending school, those who	43719
have attended school during the current school year and are	43720
absent for authorized reasons, and those children with	43721
disabilities currently receiving home instruction.	43722

The average daily membership figure of any cooperative	43723
education school district shall be determined in accordance with	43724
rules adopted by the state board of education.	43725

(F)(1) If the formula ADM for the first full school week in	43726
February is at least three per cent greater than that certified	43727
for the first full school week in the preceding October, the	43728
superintendent of schools of any city, exempted village, or joint	43729
vocational school district or educational service center shall	43730
certify such increase to the superintendent of public instruction.	43731
Such certification shall be submitted no later than the fifteenth	43732
day of February. For the balance of the fiscal year, beginning	43733
with the February payments, the superintendent of public	43734
instruction shall use the increased formula ADM in calculating or	43735
recalculating the amounts to be allocated in accordance with	43736
section 3317.022 or 3317.16 of the Revised Code. In no event	43737
shall the superintendent use an increased membership certified	43738
to the superintendent after the fifteenth day of February.	43739
Division (F)(1) of this section does not apply after fiscal year	43740
2006.	43741

(2) If on the first school day of April the total number of	43742
classes or units for preschool children with disabilities that	43743
are eligible for approval under division (B) of section 3317.05	43744
of the Revised Code exceeds the number of units that have been	43745
approved for the year under that division, the superintendent of	43746
schools of any city, exempted village, or cooperative education	43747
school district or educational service center shall make the	43748
certifications required by this section for that day. If the	43749
department determines additional units can be approved for the	43750
fiscal year within any limitations set forth in the acts	43751
appropriating moneys for the funding of such units, the	43752
department shall approve additional units for the fiscal year on	43753
the basis of such average daily membership. For each unit so	43754
approved, the department shall pay an amount computed in the	43755
manner prescribed in section 3317.052 or 3317.19 and section	43756
3317.053 of the Revised Code.	43757

(3) If a student attending ~~a community school under Chapter~~	43758
~~3314. or~~ a science, technology, engineering, and mathematics	43759
school ~~established under Chapter 3326.~~that is governed as	43760
provided in section 3326.51 of the Revised Code is not included	43761
in the formula ADM certified for the school district in which the	43762
student is entitled to attend school under section 3313.64 or	43763
3313.65 of the Revised Code, the department of education shall	43764
adjust the formula ADM of that school district to include the	43765
student in accordance with division (C)(2) of this section, and	43766
shall recalculate the school district's payments under this	43767
chapter and Chapter 3306. of the Revised Code for the entire	43768
fiscal year on the basis of that adjusted formula ADM. This	43769
requirement applies regardless of whether the student was	43770
enrolled, as defined in division (E) of this section, in ~~the~~	43771
~~community school or~~ the science, technology, engineering, and	43772
mathematics school during the week for which the formula ADM is	43773
being certified.	43774

(4) If a student awarded an educational choice scholarship is	43775
not included in the formula ADM of the school district from which	43776
the department deducts funds for the scholarship under section	43777
3310.08 of the Revised Code, the department shall adjust the	43778
formula ADM of that school district to include the student to the	43779
extent necessary to account for the deduction, and shall	43780
recalculate the school district's payments under this chapter and	43781
Chapter 3306. of the Revised Code for the entire fiscal year on	43782
the basis of that adjusted formula ADM. This requirement applies	43783
regardless of whether the student was enrolled, as defined in	43784
division (E) of this section, in the chartered nonpublic school,	43785
the school district, or a community school during the week for	43786
which the formula ADM is being certified.	43787

(G)(1)(a) The superintendent of an institution operating a	43788
special education program pursuant to section 3323.091 of the	43789
Revised Code shall, for the programs under such superintendent's	43790
supervision, certify to the state board of education, in the	43791
manner prescribed by the superintendent of public instruction,	43792
both of the following:	43793

(i) The average daily membership of all children with	43794
disabilities other than preschool children with disabilities	43795
receiving services at the institution for each category of	43796
disability described in divisions ~~(A) to (F)~~(C)(1) to (6) of	43797
section ~~3317.013~~3306.02 of the Revised Code;	43798

(ii) The average daily membership of all preschool children	43799
with disabilities in classes or programs approved annually by the	43800
department of education for unit funding under section 3317.05 of	43801
the Revised Code.	43802

(b) The superintendent of an institution with vocational	43803
education units approved under division (A) of section 3317.05 of	43804
the Revised Code shall, for the units under the superintendent's	43805
supervision, certify to the state board of education the average	43806
daily membership in those units, in the manner prescribed by the	43807
superintendent of public instruction.	43808

(2) The superintendent of each county MR/DD board that	43809
maintains special education classes under section 3317.20 of the	43810
Revised Code or units approved pursuant to section 3317.05 of the	43811
Revised Code shall do both of the following:	43812

(a) Certify to the state board, in the manner prescribed by	43813
the board, the average daily membership in classes under section	43814
3317.20 of the Revised Code for each school district that has	43815
placed children in the classes;	43816

(b) Certify to the state board, in the manner prescribed by	43817
the board, the number of all preschool children with disabilities	43818
enrolled as of the first day of December in classes eligible for	43819
approval under division (B) of section 3317.05 of the Revised	43820
Code, and the number of those classes.	43821

(3)(a) If on the first school day of April the number of	43822
classes or units maintained for preschool children with	43823
disabilities by the county MR/DD board that are eligible for	43824
approval under division (B) of section 3317.05 of the Revised Code	43825
is greater than the number of units approved for the year under	43826
that division, the superintendent shall make the certification	43827
required by this section for that day.	43828

(b) If the department determines that additional classes or	43829
units can be approved for the fiscal year within any limitations	43830
set forth in the acts appropriating moneys for the funding of the	43831
classes and units described in division (G)(3)(a) of this section,	43832
the department shall approve and fund additional units for the	43833
fiscal year on the basis of such average daily membership. For	43834
each unit so approved, the department shall pay an amount computed	43835
in the manner prescribed in sections 3317.052 and 3317.053 of the	43836
Revised Code.	43837

(H) Except as provided in division (I) of this section, when	43838
any city, local, or exempted village school district provides	43839
instruction for a nonresident pupil whose attendance is	43840
unauthorized attendance as defined in section 3327.06 of the	43841
Revised Code, that pupil's membership shall not be included in	43842
that district's membership figure used in the calculation of that	43843
district's formula ADM or included in the determination of any	43844
unit approved for the district under section 3317.05 of the	43845
Revised Code. The reporting official shall report separately the	43846
average daily membership of all pupils whose attendance in the	43847
district is unauthorized attendance, and the membership of each	43848
such pupil shall be credited to the school district in which the	43849
pupil is entitled to attend school under division (B) of section	43850
3313.64 or section 3313.65 of the Revised Code as determined by	43851
the department of education.	43852

(I)(1) A city, local, exempted village, or joint vocational	43853
school district admitting a scholarship student of a pilot project	43854
district pursuant to division (C) of section 3313.976 of the	43855
Revised Code may count such student in its average daily	43856
membership.	43857

(2) In any year for which funds are appropriated for pilot	43858
project scholarship programs, a school district implementing a	43859
state-sponsored pilot project scholarship program that year	43860
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	43861
count in average daily membership:	43862

(a) All children residing in the district and utilizing a	43863
scholarship to attend kindergarten in any alternative school, as	43864
defined in section 3313.974 of the Revised Code;	43865

(b) All children who were enrolled in the district in the	43866
preceding year who are utilizing a scholarship to attend any such	43867
alternative school.	43868

(J) The superintendent of each cooperative education school	43869
district shall certify to the superintendent of public	43870
instruction, in a manner prescribed by the state board of	43871
education, the applicable average daily memberships for all	43872
students in the cooperative education district, also indicating	43873
the city, local, or exempted village district where each pupil is	43874
entitled to attend school under section 3313.64 or 3313.65 of the	43875
Revised Code.	43876

(K) If the superintendent of public instruction determines	43877
that a component of the ~~formula ADM~~average daily membership	43878
certified or reported by a district superintendent, or other	43879
reporting entity, is not correct, the superintendent of public	43880
instruction may order that the formula ADM used for the purposes	43881
of payments under any section of Title XXXIII of the Revised Code	43882
be adjusted in the amount of the error.	43883

Sec. 3317.031. A membership record shall be kept by grade	43884
level in each city, local, exempted village, joint vocational, and	43885
cooperative education school district and such a record shall be	43886
kept by grade level in each educational service center that	43887
provides academic instruction to pupils, classes for pupils with	43888
disabilities, or any other direct instructional services to	43889
pupils. Such membership record shall show the following	43890
information for each pupil enrolled: Name, date of birth, name of	43891
parent, date entered school, date withdrawn from school, days	43892
present, days absent, and the number of days school was open for	43893
instruction while the pupil was enrolled. At the end of the	43894
school year this membership record shall show the total days	43895
present, the total days absent, and the total days due for all	43896
pupils in each grade. Such membership record shall show the	43897
pupils that are transported to and from school and it shall also	43898
show the pupils that are transported living within one mile of the	43899
school attended. This membership record shall also show any other	43900
information prescribed by the state board of education.	43901

This membership record shall be kept intact for at least five	43902
years and shall be made available to the state board of education	43903
or its representative in making an audit of the average daily	43904
membership or the transportation of the district or educational	43905
service center. The membership records of local school districts	43906
shall be filed at the close of each school year in the office of	43907
the educational service center superintendent.	43908

The state board of education may withhold any money due any	43909
school district or educational service center under ~~sections~~	43910
~~3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, or 3317.19~~this	43911
chapter and Chapter 3306. of the Revised Code until it has	43912
satisfactory evidence that the board of education or educational	43913
service center governing board has fully complied with all of the	43914
provisions of this section.	43915

Nothing in this section shall require any person to release,	43916
or to permit access to, public school records in violation of	43917
section 3319.321 of the Revised Code.	43918

Sec. 3317.04. The amount paid to school districts in each	43919
fiscal year under ~~Chapter~~Chapters 3306. and 3317. of the Revised	43920
Code shall not be less than the following:	43921

(A) In the case of a district created under section 3311.26	43922
or 3311.37 of the Revised Code, the amount paid shall not be less,	43923
in any of the three succeeding fiscal years following the	43924
creation, than the sum of the amounts allocated under ~~Chapter~~	43925
Chapters 3306. and 3317. of the Revised Code to the districts	43926
separately in the year of the creation.	43927

(B) In the case of a school district which is transferred to	43928
another school district or districts, pursuant to section 3311.22,	43929
3311.231, or 3311.38 of the Revised Code, the amount paid to the	43930
district accepting the transferred territory shall not be less, in	43931
any of the three succeeding fiscal years following the transfer,	43932
than the sum of the amounts allocated under ~~Chapter~~Chapters 3306.	43933
and 3317. of the Revised Code to the districts separately in the	43934
year of the consummation of the transfer.	43935

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	43936
and 3311.38 of the Revised Code, the minimum guarantees prescribed	43937
by divisions (A) and (B) of this section shall not affect the	43938
amount of aid received by a school district for more than three	43939
consecutive years.	43940

Sec. 3317.05. (A) For the purpose of calculating payments	43941
under sections 3317.052 and 3317.053 of the Revised Code, the	43942
department of education shall determine for each institution, by	43943
the last day of January of each year and based on information	43944
certified under section 3317.03 of the Revised Code, the number of	43945
vocational education units or fractions of units approved by the	43946
department on the basis of standards and rules adopted by the	43947
state board of education. As used in this division, "institution"	43948
means an institution operated by a department specified in section	43949
3323.091 of the Revised Code and that provides vocational	43950
education programs under the supervision of the division of	43951
vocational education of the department that meet the standards	43952
and rules for these programs, including licensure of professional	43953
staff involved in the programs, as established by the state	43954
board.	43955

(B) For the purpose of calculating payments under sections	43956
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	43957
department shall determine, based on information certified under	43958
section 3317.03 of the Revised Code, the following by the last day	43959
of January of each year for each educational service center, for	43960
each school district, including each cooperative education school	43961
district, for each institution eligible for payment under section	43962
3323.091 of the Revised Code, and for each county MR/DD board: the	43963
number of classes operated by the school district, service center,	43964
institution, or county MR/DD board for preschool children with	43965
disabilities, or fraction thereof, including in the case of a	43966
district or service center that is a funding agent, classes	43967
taught by a licensed teacher employed by that district or service	43968
center under section 3313.841 of the Revised Code, approved	43969
annually by the department on the basis of standards and rules	43970
adopted by the state board.	43971

(C) For the purpose of calculating payments under sections	43972
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	43973
department shall determine, based on information certified under	43974
section 3317.03 of the Revised Code, the following by the last day	43975
of January of each year for each school district, including each	43976
cooperative education school district, for each institution	43977
eligible for payment under section 3323.091 of the Revised Code,	43978
and for each county MR/DD board: the number of units for related	43979
services, as defined in section 3323.01 of the Revised Code, for	43980
preschool children with disabilities approved annually by the	43981
department on the basis of standards and rules adopted by the	43982
state board.	43983

(D) All of the arithmetical calculations made under this	43984
section shall be carried to the second decimal place. The total	43985
number of units for school districts, service centers, and	43986
institutions approved annually under this section shall not exceed	43987
the number of units included in the estimate of cost for these	43988
units and appropriations made for them by the general assembly.	43989

In the case of units for preschool children with	43990
disabilities described in division (B) of this section, the	43991
department shall approve only preschool units for children who	43992
are under age six on the thirtieth day of September of the	43993
academic year, or on the first day of August of the academic year	43994
if the school district in which the child is enrolled has adopted	43995
a resolution under division (A)(3) of section 3321.01 of the	43996
Revised Code, but not less than age three on the first day of	43997
December of the academic year, except that such a unit may	43998
include one or more children who are under age three or are age	43999
six or over on the applicable date, as reported under division	44000
(B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if	44001
such children have been admitted to the unit pursuant to rules of	44002
the state board. The number of units for county MR/DD boards and	44003
institutions eligible for payment under section 3323.091 of the	44004
Revised Code approved under this section shall not exceed the	44005
number that can be funded with appropriations made for such	44006
purposes by the general assembly.	44007

No unit shall be approved under divisions (B) and (C) of this	44008
section unless a plan has been submitted and approved under	44009
Chapter 3323. of the Revised Code.	44010

~~(E) The department shall approve units or fractions thereof~~	44011
~~for gifted children on the basis of standards and rules adopted by~~	44012
~~the state board.~~	44013

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and	44014
3317.11 of the Revised Code, a unit funded pursuant to ~~division~~	44015
~~(L) of section 3317.024 or~~ division (A)(2) of section 3317.052 of	44016
the Revised Code shall not be approved for state funding in one	44017
school district, including any cooperative education school	44018
district or any educational service center, to the extent that	44019
such unit provides programs in or services to another district	44020
which receives payment pursuant to section 3317.04 of the Revised	44021
Code.	44022

(2) Any city, local, exempted village, or cooperative	44023
education school district or any educational service center may	44024
combine partial unit eligibility for programs for preschool	44025
children with disabilities pursuant to section 3317.05 of the	44026
Revised Code, and such combined partial units may be approved for	44027
state funding in one school district or service center.	44028

(B) After units have been initially approved for any fiscal	44029
year under section 3317.05 of the Revised Code, no unit shall be	44030
subsequently transferred from a school district or educational	44031
service center to another city, exempted village, local, or	44032
cooperative education school district or educational service	44033
center or to an institution or county MR/DD board solely for the	44034
purpose of reducing the financial obligations of the school	44035
district in a fiscal year it receives payment pursuant to section	44036
3317.04 of the Revised Code.	44037

Sec. 3317.053. (A) As used in this section:

44038

(1) ~~"State share percentage" has the same meaning as in~~	44039
~~section 3317.022 of the Revised Code.~~	44040

~~(2)~~ "Dollar amount" means the amount shown in the following	44041
table for the corresponding type of unit:	44042

TYPE OF UNIT	DOLLAR AMOUNT	44043
Division (B) of section 3317.05		44044
of the Revised Code	$8,334	44045
Division (C) of that section	$3,234	44046
~~Division (E) of that section~~	~~$5,550~~	44047

~~(3)~~(2) "Average unit amount" means the amount shown in the	44048
following table for the corresponding type of unit:	44049

TYPE OF UNIT	AVERAGE UNIT AMOUNT	44050
Division (B) of section 3317.05		44051
of the Revised Code	$7,799	44052
Division (C) of that section	$2,966	44053
~~Division (E) of that section~~	~~$5,251~~	44054

(B) In the case of each unit described in division (B),or	44055
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	44056
to a city, local, or exempted village school district, the	44057
department of education, in addition to the amounts specified in	44058
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	44059
of the Revised Code, shall pay a supplemental unit allowance equal	44060
to the sum of the following amounts:	44061

(1) An amount equal to 50% of the average unit amount for the	44062
unit;	44063

(2) An amount equal to the percentage of the dollar amount	44064
for the unit that equals the district's state share percentage.	44065

If, prior to the fifteenth day of May of a fiscal year, a	44066
school district's aid ~~computed under section 3317.022 of the~~	44067
~~Revised Code~~ is recomputed pursuant to section 3317.027 or	44068
3317.028 of the Revised Code, the department shall also recompute	44069
the district's entitlement to payment under this section utilizing	44070
a new state share percentage. Such new state share percentage	44071
shall be determined using the district's recomputed basic aid	44072
amount pursuant to section 3317.027 or 3317.028 of the Revised	44073
Code. During the last six months of the fiscal year, the	44074
department shall pay the district a sum equal to one-half of the	44075
recomputed payment in lieu of one-half the payment otherwise	44076
calculated under this section.	44077

(C)(1) In the case of each unit allocated to an institution	44078
pursuant to division (A) of section 3317.05 of the Revised Code,	44079
the department, in addition to the amount specified in section	44080
3317.052 of the Revised Code, shall pay a supplemental unit	44081
allowance of $7,227.	44082

(2) In the case of each unit described in division (B) of	44083
section 3317.05 of the Revised Code that is allocated to any	44084
entity other than a city, exempted village, or local school	44085
district, the department, in addition to the amount specified in	44086
section 3317.052 of the Revised Code, shall pay a supplemental	44087
unit allowance of $7,799.	44088

(3) In the case of each unit described in division (C) of	44089
section 3317.05 of the Revised Code and allocated to any entity	44090
other than a city, exempted village, or local school district, the	44091
department, in addition to the amounts specified in section	44092
3317.052 of the Revised Code, shall pay a supplemental unit	44093
allowance of $2,966.	44094

~~(4) In the case of each unit described in division (E) of~~	44095
~~section 3317.05 of the Revised Code and allocated to an~~	44096
~~educational service center, the department, in addition to the~~	44097
~~amounts specified in division (L) of section 3317.024 of the~~	44098
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	44099

Sec. 3317.061. The superintendent of each school district,	44100
including each cooperative education and joint vocational school	44101
district and the superintendent of each educational service	44102
center, shall, on forms prescribed and furnished by the state	44103
board of education, certify to the state board of education, on or	44104
before the fifteenth day of October of each year, the name of each	44105
licensed employee employed, on an annual salary, in each school	44106
under such superintendent's supervision during the first full	44107
school week of said month of October, the number of years of	44108
recognized college training such licensed employee has completed,	44109
the college degrees from a recognized college earned by such	44110
licensed employee, the type of teaching license held by such	44111
licensed employee, the number of months such licensed employee is	44112
employed in the school district, the annual salary of such	44113
licensed employee, and such other information as the state board	44114
of education may request. For the purposes of ~~Chapter~~Chapters	44115
3306. and 3317. of the Revised Code, a licensed employee is any	44116
employee in a position that requires a license issued pursuant to	44117
sections 3319.22 to 3319.31 of the Revised Code.	44118

Pursuant to standards adopted by the state board of	44119
education, experience of vocational teachers in trade and industry	44120
shall be recognized by such board for the purpose of complying	44121
with the requirements of recognized college training provided by	44122
~~Chapter~~Chapters 3306. and 3317. of the Revised Code.	44123

Sec. 3317.063. The superintendent of public instruction, in	44124
accordance with rules adopted by the department of education,	44125
shall annually reimburse each chartered nonpublic school for the	44126
actual mandated service administrative and clerical costs incurred	44127
by such school during the preceding school year in preparing,	44128
maintaining, and filing reports, forms, and records, and in	44129
providing such other administrative and clerical services that are	44130
not an integral part of the teaching process as may be required by	44131
state law or rule or by requirements duly promulgated by city,	44132
exempted village, or local school districts. The mandated service	44133
costs reimbursed pursuant to this section shall include, but are	44134
not limited to, the preparation, filing and maintenance of forms,	44135
reports, or records and other clerical and administrative services	44136
relating to state chartering or approval of the nonpublic school,	44137
pupil attendance, pupil health and health testing, transportation	44138
of pupils, federally funded education programs, pupil appraisal,	44139
pupil progress, educator licensure, unemployment and workers'	44140
compensation, transfer of pupils, and such other education related	44141
data which are now or hereafter shall be required of such	44142
nonpublic school by state law or rule, or by requirements of the	44143
state department of education, other state agencies, or city,	44144
exempted village, or local school districts.	44145

The reimbursement required by this section shall be for	44146
school years beginning on or after July 1, 1981.	44147

Each nonpublic school which seeks reimbursement pursuant to	44148
this section shall submit to the superintendent of public	44149
instruction an application together with such additional reports	44150
and documents as the department of education may require. Such	44151
application, reports, and documents shall contain such information	44152
as the department of education may prescribe in order to carry out	44153
the purposes of this section. No payment shall be made until the	44154
superintendent of public instruction has approved such	44155
application.	44156

Each nonpublic school which applies for reimbursement	44157
pursuant to this section shall maintain a separate account or	44158
system of accounts for the expenses incurred in rendering the	44159
required services for which reimbursement is sought. Such accounts	44160
shall contain such information as is required by the department of	44161
education and shall be maintained in accordance with rules adopted	44162
by the department of education.	44163

Reimbursement payments to a nonpublic school pursuant to this	44164
section shall not exceed an amount for each school year equal to	44165
three hundred twenty-five dollars per pupil enrolled in that	44166
nonpublic school.	44167

The superintendent of public instruction may, from time to	44168
time, examine any and all accounts and records of a nonpublic	44169
school which have been maintained pursuant to this section in	44170
support of an application for reimbursement, for the purpose of	44171
determining the costs to such school of rendering the services for	44172
which reimbursement is sought. If after such audit it is	44173
determined that any school has received funds in excess of the	44174
actual cost of providing such services, said school shall	44175
immediately reimburse the state in such excess amount.	44176

Any payments made to chartered nonpublic schools under this	44177
section may be disbursed without submission to and approval of the	44178
controlling board.	44179

Sec. 3317.08. A board of education may admit to its schools	44180
a child it is not required by section 3313.64 or 3313.65 of the	44181
Revised Code to admit, if tuition is paid for the child.	44182

Unless otherwise provided by law, tuition shall be computed	44183
in accordance with this section. A district's tuition charge for a	44184
school year shall be one of the following:	44185

(A) For any child, except a preschool child with a	44186
disability described in division (B) of this section, the	44187
quotient obtained by dividing the sum of the amounts described in	44188
divisions (A)(1) and (2) of this section by the district's formula	44189
ADM.	44190

(1) The district's total taxes charged and payable for	44191
current expenses for the tax year preceding the tax year in which	44192
the school year begins as certified under division (A)(3) of	44193
section 3317.021 of the Revised Code.	44194

(2) The district's total taxes collected for current expenses	44195
under a school district income tax adopted pursuant to section	44196
5748.03 or 5748.08 of the Revised Code that are disbursed to the	44197
district during the fiscal year, excluding any income tax receipts	44198
allocated for the project cost, debt service, or maintenance	44199
set-aside associated with a state-assisted classroom facilities	44200
project as authorized by section 3318.052 of the Revised Code. On	44201
or before the first day of June of each year, the tax commissioner	44202
shall certify the amount to be used in the calculation under this	44203
division for the next fiscal year to the department of education	44204
and the office of budget and management for each city, local, and	44205
exempted village school district that levies a school district	44206
income tax.	44207

(B) For any preschool child with a disability not included	44208
in a unit approved under division (B) of section 3317.05 of the	44209
Revised Code, an amount computed for the school year as follows:	44210

(1) For each type of special education service provided to	44211
the child for whom tuition is being calculated, determine the	44212
amount of the district's operating expenses in providing that type	44213
of service to all preschool children with disabilities not	44214
included in units approved under division (B) of section 3317.05	44215
of the Revised Code;	44216

(2) For each type of special education service for which	44217
operating expenses are determined under division (B)(1) of this	44218
section, determine the amount of such operating expenses that was	44219
paid from any state funds received under this chapter;	44220

(3) For each type of special education service for which	44221
operating expenses are determined under division (B)(1) of this	44222
section, divide the difference between the amount determined under	44223
division (B)(1) of this section and the amount determined under	44224
division (B)(2) of this section by the total number of preschool	44225
children with disabilities not included in units approved under	44226
division (B) of section 3317.05 of the Revised Code who received	44227
that type of service;	44228

(4) Determine the sum of the quotients obtained under	44229
division (B)(3) of this section for all types of special education	44230
services provided to the child for whom tuition is being	44231
calculated.	44232

The state board of education shall adopt rules defining the	44233
types of special education services and specifying the operating	44234
expenses to be used in the computation under this section.	44235

If any child for whom a tuition charge is computed under this	44236
section for any school year is enrolled in a district for only	44237
part of that school year, the amount of the district's tuition	44238
charge for the child for the school year shall be computed in	44239
proportion to the number of school days the child is enrolled in	44240
the district during the school year.	44241

Except as otherwise provided in division (J) of section	44242
3313.64 of the Revised Code, whenever a district admits a child to	44243
its schools for whom tuition computed in accordance with this	44244
section is an obligation of another school district, the amount of	44245
the tuition shall be certified by the treasurer of the board of	44246
education of the district of attendance, to the board of education	44247
of the district required to pay tuition for its approval and	44248
payment. If agreement as to the amount payable or the district	44249
required to pay the tuition cannot be reached, or the board of	44250
education of the district required to pay the tuition refuses to	44251
pay that amount, the board of education of the district of	44252
attendance shall notify the superintendent of public instruction.	44253
The superintendent shall determine the correct amount and the	44254
district required to pay the tuition and shall deduct that amount,	44255
if any, under division (G) of section 3317.023 of the Revised	44256
Code, from the district required to pay the tuition and add that	44257
amount to the amount allocated to the district attended under such	44258
division. The superintendent of public instruction shall send to	44259
the district required to pay the tuition an itemized statement	44260
showing such deductions at the time of such deduction.	44261

When a political subdivision owns and operates an airport,	44262
welfare, or correctional institution or other project or facility	44263
outside its corporate limits, the territory within which the	44264
facility is located is exempt from taxation by the school district	44265
within which such territory is located, and there are school age	44266
children residing within such territory, the political subdivision	44267
owning such tax exempt territory shall pay tuition to the district	44268
in which such children attend school. The tuition for these	44269
children shall be computed as provided for in this section.	44270

Sec. 3317.081. (A) Tuition shall be computed in accordance	44271
with this section if:	44272

(1) The tuition is required by division (C)(3)(b) of section	44273
3313.64 of the Revised Code; or	44274

(2) Neither the child nor the child's parent resides in this	44275
state and tuition is required by section 3327.06 of the Revised	44276
Code.	44277

(B) Tuition computed in accordance with this section shall	44278
equal the attendance district's tuition rate computed under	44279
section 3317.08 of the Revised Code plus the amount that district	44280
would have received for the child pursuant to Chapter 3306. and	44281
sections ~~3317.022,~~ 3317.023, and 3317.025 to 3317.0211 of the	44282
Revised Code during the school year had the attendance district	44283
been authorized to count the child in its formula ADM for that	44284
school year under section 3317.03 of the Revised Code.	44285

Sec. 3317.082. As used in this section, "institution" means	44286
a residential facility that receives and cares for children	44287
maintained by the department of youth services and that operates a	44288
school chartered by the state board of education under section	44289
3301.16 of the Revised Code.	44290

(A) On or before the thirty-first day of each January and	44291
July, the superintendent of each institution that during the	44292
six-month period immediately preceding each January or July	44293
provided an elementary or secondary education for any child, other	44294
than a child receiving special education under section 3323.091 of	44295
the Revised Code, shall prepare and submit to the department of	44296
education, a statement for each such child indicating the child's	44297
name, any school district responsible to pay tuition for the child	44298
as determined by the superintendent in accordance with division	44299
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	44300
period of time during that six-month period that the child	44301
received an elementary or secondary education. If any school	44302
district is responsible to pay tuition for any such child, the	44303
department of education, no later than the immediately succeeding	44304
last day of February or August, as applicable, shall calculate the	44305
amount of the tuition of the district under section 3317.08 of the	44306
Revised Code for the period of time indicated on the statement and	44307
do one of the following:	44308

(1) If the tuition amount is equal to or less than the amount	44309
of state basic aid funds payable to the district under ~~sections~~	44310
~~3317.022 and~~Chapter 3306. and section 3317.023 of the Revised	44311
Code, pay to the institution submitting the statement an amount	44312
equal to the tuition amount, as provided under division (M) of	44313
section 3317.024 of the Revised Code, and deduct the tuition	44314
amount from the state basic aid funds payable to the district, as	44315
provided under division (F)(2) of section 3317.023 of the Revised	44316
Code;	44317

(2) If the tuition amount is greater than the amount of state	44318
basic aid funds payable to the district under ~~sections 3317.022~~	44319
~~and~~Chapter 3306. and section 3317.023 of the Revised Code,	44320
require the district to pay to the institution submitting the	44321
statement an amount equal to the tuition amount.	44322

(B) In the case of any disagreement about the school district	44323
responsible to pay tuition for a child pursuant to this section,	44324
the superintendent of public instruction shall make the	44325
determination in any such case in accordance with division (C)(2)	44326
or (3) of section 3313.64 of the Revised Code.	44327

Sec. 3317.12. Any board of education participating in funds	44328
distributed under ~~Chapter~~Chapters 3306. and 3317. of the Revised	44329
Code shall annually adopt a salary schedule for nonteaching school	44330
employees based upon training, experience, and qualifications with	44331
initial salaries no less than the salaries in effect on October	44332
13, 1967. Each board of education shall prepare and may amend from	44333
time to time, specifications descriptive of duties,	44334
responsibilities, requirements, and desirable qualifications of	44335
the classifications of employees required to perform the duties	44336
specified in the salary schedule. All nonteaching school employees	44337
are to be notified of the position classification to which they	44338
are assigned and the salary for the classification. The	44339
compensation of all employees working for a particular school	44340
board shall be uniform for like positions except as compensation	44341
would be affected by salary increments based upon length of	44342
service.	44343

On the fifteenth day of October each year the salary schedule	44344
and the list of job classifications and salaries in effect on that	44345
date shall be filed by each board of education with the	44346
superintendent of public instruction. If such salary schedule and	44347
classification plan is not filed the superintendent of public	44348
instruction shall order the board to file such schedules	44349
forthwith. If this condition is not corrected within ten days	44350
after receipt of the order from the superintendent of public	44351
instruction, no money shall be distributed to the district under	44352
~~Chapter~~Chapters 3306. and 3317. of the Revised Code until the	44353
superintendent has satisfactory evidence of the board of	44354
education's full compliance with such order.	44355

Sec. 3317.16. (A) As used in this section:

44356

(1) ~~"State share percentage" means the percentage calculated~~	44357
~~for a joint vocational school district as follows:~~	44358

~~(a) Calculate the state base cost funding amount for the~~	44359
~~district under division (B) of this section. If the district would~~	44360
~~not receive any base cost funding for that year under that~~	44361
~~division, the district's state share percentage is zero.~~	44362

~~(b) If the district would receive base cost funding under~~	44363
~~that division, divide that base cost amount by an amount equal to~~	44364
~~the following:~~	44365

~~the formula amount X~~	44366

~~formula ADM~~	44367

~~The resultant number is the district's state share~~	44368
~~percentage.~~	44369

~~(2)~~ The "total special education weight" for a joint	44370
vocational school district shall be calculated in the same manner	44371
as prescribed in ~~division (B)(1) of~~ section 3317.022 of the	44372
Revised Code.	44373

~~(3)~~(2) The "total vocational education weight" for a joint	44374
vocational school district shall be calculated in the same manner	44375
as prescribed in ~~division (B)(4) of~~ section 3317.022 of the	44376
Revised Code.	44377

~~(4)~~(3) The "total recognized valuation" of a joint vocational	44378
school district shall be determined by adding the recognized	44379
valuations of all its constituent school districts that were	44380
subject to the joint vocational school district's tax levies for	44381
both the current and preceding tax years.	44382

~~(5)~~(4) "Resident district" means the city, local, or exempted	44383
village school district in which a student is entitled to attend	44384
school under section 3313.64 or 3313.65 of the Revised Code.	44385

~~(6)~~(5) "Community school" means a community school	44386
established under Chapter 3314. of the Revised Code.	44387

(B) The department of education shall compute and distribute	44388
state base cost funding to each joint vocational school district	44389
for the fiscal year in accordance with the following formula:	44390

(formula amount X formula ADM) -	44391

(.0005 X total recognized valuation)	44392

If the difference obtained under this division is a negative	44393
number, the district's computation shall be zero.	44394

(C)(1) The department shall compute and distribute state	44395
vocational education additional weighted costs funds to each joint	44396
vocational school district in accordance with the following	44397
formula:	44398

state share percentage X formula amount X	44399

total vocational education weight	44400

In each fiscal year, a joint vocational school district	44401
receiving funds under division (C)(1) of this section shall spend	44402
those funds only for the purposes the department designates as	44403
approved for vocational education expenses. Vocational educational	44404
expenses approved by the department shall include only expenses	44405
connected to the delivery of career-technical programming to	44406
career-technical students. The department shall require the joint	44407
vocational school district to report data annually so that the	44408
department may monitor the district's compliance with the	44409
requirements regarding the manner in which funding received under	44410
division (C)(1) of this section may be spent.	44411

(2) The department shall compute for each joint vocational	44412
school district state funds for vocational education associated	44413
services costs in accordance with the following formula:	44414

state share percentage X .05 X	44415

the formula amount X the sum of	44416

categories one and two vocational	44417

education ADM	44418

In any fiscal year, a joint vocational school district	44419
receiving funds under division (C)(2) of this section, or through	44420
a transfer of funds pursuant to division (L) of section 3317.023	44421
of the Revised Code, shall spend those funds only for the purposes	44422
that the department designates as approved for vocational	44423
education associated services expenses, which may include such	44424
purposes as apprenticeship coordinators, coordinators for other	44425
vocational education services, vocational evaluation, and other	44426
purposes designated by the department. The department may deny	44427
payment under division (C)(2) of this section to any district that	44428
the department determines is not operating those services or is	44429
using funds paid under division (C)(2) of this section, or through	44430
a transfer of funds pursuant to division (L) of section 3317.023	44431
of the Revised Code, for other purposes.	44432

(D)(1) The department shall compute and distribute state	44433
special education and related services additional weighted costs	44434
funds to each joint vocational school district in accordance with	44435
the following formula:	44436

state share percentage X formula amount X	44437

total special education weight	44438

(2)(a) As used in this division, the "personnel allowance"	44439
means thirty thousand dollars in fiscal years 2008 and 2009.	44440

(b) For the provision of speech language pathology services	44441
to students, including students who do not have individualized	44442
education programs prepared for them under Chapter 3323. of the	44443
Revised Code, and for no other purpose, the department shall pay	44444
each joint vocational school district an amount calculated under	44445
the following formula:	44446

(formula ADM divided by 2000) X the personnel	44447

allowance X state share percentage	44448

(3) In any fiscal year, a joint vocational school district	44449
shall spend for purposes that the department designates as	44450
approved for special education and related services expenses at	44451
least the amount calculated as follows:	44452

(formula amount X	44453

the sum of categories one through	44454

six special education ADM) +	44455

(total special education weight X	44456

formula amount)	44457

The purposes approved by the department for special education	44458
expenses shall include, but shall not be limited to, compliance	44459
with state rules governing the education of children with	44460
disabilities, providing services identified in a student's	44461
individualized education program as defined in section 3323.01 of	44462
the Revised Code, provision of speech language pathology services,	44463
and the portion of the district's overall administrative and	44464
overhead costs that are attributable to the district's special	44465
education student population.	44466

The department shall require joint vocational school	44467
districts to report data annually to allow for monitoring	44468
compliance with division (D)(3) of this section. The department	44469
shall annually report to the governor and the general assembly the	44470
amount of money spent by each joint vocational school district for	44471
special education and related services.	44472

(4) In any fiscal year, a joint vocational school district	44473
shall spend for the provision of speech language pathology	44474
services not less than the sum of the amount calculated under	44475
division (D)(1) of this section for the students in the district's	44476
category one special education ADM and the amount calculated under	44477
division (D)(2) of this section.	44478

(E)(1) If a joint vocational school district's costs for a	44479
fiscal year for a student in its categories two through six	44480
special education ADM exceed the threshold catastrophic cost for	44481
serving the student, as specified in division (C)(3)(b) of section	44482
3317.022 of the Revised Code, the district may submit to the	44483
superintendent of public instruction documentation, as prescribed	44484
by the superintendent, of all of its costs for that student. Upon	44485
submission of documentation for a student of the type and in the	44486
manner prescribed, the department shall pay to the district an	44487
amount equal to the sum of the following:	44488

(a) One-half of the district's costs for the student in	44489
excess of the threshold catastrophic cost;	44490

(b) The product of one-half of the district's costs for the	44491
student in excess of the threshold catastrophic cost multiplied by	44492
the district's state share percentage.	44493

(2) The district shall only report under division (E)(1) of	44494
this section, and the department shall only pay for, the costs of	44495
educational expenses and the related services provided to the	44496
student in accordance with the student's individualized education	44497
program. Any legal fees, court costs, or other costs associated	44498
with any cause of action relating to the student may not be	44499
included in the amount.	44500

(F) Each fiscal year, the department shall pay each joint	44501
vocational school district an amount for adult technical and	44502
vocational education and specialized consultants.	44503

(G)(1) A joint vocational school district's local share of	44504
special education and related services additional weighted costs	44505
equals:	44506

(1 - state share percentage) X	44507

Total special education weight X	44508

the formula amount	44509

(2) For each student with a disability receiving special	44510
education and related services under an individualized education	44511
program, as defined in section 3323.01 of the Revised Code, at a	44512
joint vocational district, the resident district or, if the	44513
student is enrolled in a community school, the community school	44514
shall be responsible for the amount of any costs of providing	44515
those special education and related services to that student that	44516
exceed the sum of the amount calculated for those services	44517
attributable to that student under divisions (B), (D), (E), and	44518
(G)(1) of this section.	44519

Those excess costs shall be calculated by subtracting the sum	44520
of the following from the actual cost to provide special education	44521
and related services to the student:	44522

(a) The formula amount;

44523

(b) The product of the formula amount times the applicable	44524
multiple specified in section ~~3317.013~~3306.11 of the Revised	44525
Code;	44526

(c) Any funds paid under division (E) of this section for the	44527
student;	44528

(d) Any other funds received by the joint vocational school	44529
district under this chapter to provide special education and	44530
related services to the student, not including the amount	44531
calculated under division (G)(2) of this section.	44532

(3) The board of education of the joint vocational school	44533
district may report the excess costs calculated under division	44534
(G)(2) of this section to the department of education.	44535

(4) If the board of education of the joint vocational school	44536
district reports excess costs under division (G)(3) of this	44537
section, the department shall pay the amount of excess cost	44538
calculated under division (G)(2) of this section to the joint	44539
vocational school district and shall deduct that amount as	44540
provided in division (G)(4)(a) or (b) of this section, as	44541
applicable:	44542

(a) If the student is not enrolled in a community school, the	44543
department shall deduct the amount from the account of the	44544
student's resident district pursuant to division (M) of section	44545
3317.023 of the Revised Code.	44546

(b) If the student is enrolled in a community school, the	44547
department shall deduct the amount from the account of the	44548
community school pursuant to section 3314.083 of the Revised	44549
Code.	44550

Sec. 3317.18. (A) As used in this section, the terms	44551
"Chapter 133. securities," "credit enhancement facilities," "debt	44552
charges," "general obligation," "legislation," "public	44553
obligations," and "securities" have the same meanings as in	44554
section 133.01 of the Revised Code.	44555

(B) The board of education of any school district authorizing	44556
the issuance of securities under section 133.10, 133.301, or	44557
3313.372 of the Revised Code or general obligation Chapter 133.	44558
securities may adopt legislation requesting the state department	44559
of education to approve, and enter into an agreement with the	44560
school district and the primary paying agent or fiscal agent for	44561
such securities providing for, the withholding and deposit of	44562
funds, otherwise due the district under ~~Chapter~~Chapters 3306. and	44563
3317. of the Revised Code, for the payment of debt service charges	44564
on such securities.	44565

The board of education shall deliver to the state department	44566
a copy of such resolution and any additional pertinent information	44567
the state department may require.	44568

The department of education and the office of budget and	44569
management shall evaluate each request received from a school	44570
district under this section and the department, with the advice	44571
and consent of the director of budget and management, shall	44572
approve or deny each request based on all of the following:	44573

(1) Whether approval of the request will enhance the	44574
marketability of the securities for which the request is made;	44575

(2) Any other pertinent factors or limitations established in	44576
rules made under division (I) of this section, including:	44577

(a) Current and projected obligations of funds due to the	44578
requesting school district under ~~Chapter~~Chapters 3306. and 3317.	44579
of the Revised Code including obligations of those funds to public	44580
obligations or relevant credit enhancement facilities under this	44581
section, Chapter 133. and section 3313.483 of the Revised Code,	44582
and under any other similar provisions of law;	44583

(b) Whether the department of education or the office of	44584
budget and management has any reason to believe the requesting	44585
school district will be unable to pay when due the debt charges on	44586
the securities for which the request is made.	44587

The department may require a school district to establish	44588
schedules for the payment of all debt charges that take into	44589
account the amount and timing of anticipated distributions of	44590
funds to the district under Chapter 3317. of the Revised Code.	44591

(C) If the department approves the request of a school	44592
district to withhold and deposit funds pursuant to this section,	44593
the department shall enter into a written agreement with the	44594
district and the primary paying agent or fiscal agent for the	44595
securities which shall provide for the withholding of funds	44596
pursuant to this section for the payment of debt charges on those	44597
securities, and may include both of the following:	44598

(1) Provisions for certification by the district to the	44599
department, at a time prior to any date for the payment of	44600
applicable debt charges, whether the district is able to pay those	44601
debt charges when due;	44602

(2) Requirements that the district deposit amounts for the	44603
payment of debt charges on the securities with the primary paying	44604
agent or fiscal agent for the securities prior to the date on	44605
which those debt charge payments are due to the owners or holders	44606
of the securities.	44607

(D) Whenever a district notifies the department of education	44608
that it will be unable to pay debt charges when they are due,	44609
subject to the withholding provisions of this section, or whenever	44610
the applicable paying agent or fiscal agent notifies the	44611
department that it has not timely received from a school district	44612
the full amount needed for the payment when due of those debt	44613
charges to the holders or owners of such securities, the	44614
department shall immediately contact the school district and the	44615
paying agent or fiscal agent to confirm or determine whether the	44616
district is unable to make the required payment by the date on	44617
which it is due.	44618

Upon demand of the treasurer of state while holding a school	44619
district obligation purchased under division (G)(1) of section	44620
135.143 of the Revised Code, the state department of education,	44621
without a request of the school district, shall withhold and	44622
deposit funds pursuant to this section for payment of debt service	44623
charges on that obligation.	44624

If the department confirms or determines that the district	44625
will be unable to make such payment and payment will not be made	44626
pursuant to a credit enhancement facility, the department shall	44627
promptly pay to the applicable primary paying agent or fiscal	44628
agent the lesser of the amount due for debt charges or the amount	44629
due the district for the remainder of the fiscal year under	44630
Chapter 3317. of the Revised Code. If this amount is insufficient	44631
to pay the total amount then due the agent for the payment of debt	44632
charges, the department shall pay to the agent each fiscal year	44633
thereafter, and until the full amount due the agent for unpaid	44634
debt charges is paid in full, the lesser of the remaining amount	44635
due the agent for debt charges or the amount due the district for	44636
the fiscal year under Chapter 3317. of the Revised Code.	44637

(E) The state department may make any payments under this	44638
division by direct deposit of funds by electronic transfer.	44639

Any amount received by a paying agent or fiscal agent under	44640
this section shall be applied only to the payment of debt charges	44641
on the securities of the school district subject to this section	44642
or to the reimbursement to the provider of a credit enhancement	44643
facility that has paid such debt charges.	44644

(F) To the extent a school district whose securities are	44645
subject to this section is unable to pay applicable debt charges	44646
because of the failure to collect property taxes levied for the	44647
payment of those debt charges, the district may transfer to or	44648
deposit into any fund that would have received payments under	44649
~~Chapter~~3306. or 3317. of the Revised Code that were withheld	44650
under this section any such delinquent property taxes when later	44651
collected, provided that transfer or deposit shall be limited to	44652
the amounts withheld from that fund under this section.	44653

(G) The department may make payments under this section to	44654
paying agents or fiscal agents only from and to the extent that	44655
money is appropriated by the general assembly for Chapter 3317. of	44656
the Revised Code or for the purposes of this section. No	44657
securities of a school district to which this section is made	44658
applicable constitute an obligation or a debt or a pledge of the	44659
faith, credit, or taxing power of the state, and the holders or	44660
owners of such securities have no right to have taxes levied or	44661
appropriations made by the general assembly for the payment of	44662
debt charges on those securities, and those securities, if the	44663
department requires, shall contain a statement to that effect. The	44664
agreement for or the actual withholding and payment of moneys	44665
under this section does not constitute the assumption by the state	44666
of any debt of a school district.	44667

(H) In the case of securities subject to the withholding	44668
provisions of this section, the issuing board of education shall	44669
appoint a paying agent or fiscal agent who is not an officer or	44670
employee of the school district.	44671

(I) The department of education, with the advice of the	44672
office of budget and management, may adopt reasonable rules not	44673
inconsistent with this section for the implementation of this	44674
section and division (B) of section 133.25 of the Revised Code as	44675
it relates to the withholding and depositing of payments under	44676
~~Chapter~~Chapters 3306. and 3317. of the Revised Code to secure	44677
payment of debt charges on school district securities. Those rules	44678
shall include criteria for the evaluation and approval or denial	44679
of school district requests for withholding under this section and	44680
limits on the obligation for the purpose of paying debt charges or	44681
reimbursing credit enhancement facilities of funds otherwise to be	44682
paid to school districts under Chapter 3317. of the Revised Code.	44683

(J) The authority granted by this section is in addition to	44684
and not a limitation on any other authorizations granted by or	44685
pursuant to law for the same or similar purposes.	44686

Sec. 3317.20. This section does not apply to preschool	44687
children with disabilities.	44688

(A) As used in this section:

44689

(1) "Applicable weight" means the multiple specified in	44690
section ~~3317.013~~3306.11 of the Revised Code for a disability	44691
described in that section.	44692

(2) "Child's school district" means the school district in	44693
which a child is entitled to attend school pursuant to section	44694
3313.64 or 3313.65 of the Revised Code.	44695

~~(3) "State share percentage" means the state share percentage~~	44696
~~of the child's school district as defined in section 3317.022 of~~	44697
~~the Revised Code.~~	44698

(B) Except as provided in division (C) of this section, the	44699
department shall annually pay each county MR/DD board for each	44700
child with a disability, other than a preschool child with a	44701
disability, for whom the county MR/DD board provides special	44702
education and related services an amount equal to the formula	44703
amount + (state share percentage X formula amount X the	44704
applicable weight).	44705

(C) If any school district places with a county MR/DD board	44706
more children with disabilities than it had placed with a county	44707
MR/DD board in fiscal year 1998, the department shall not make a	44708
payment under division (B) of this section for the number of	44709
children exceeding the number placed in fiscal year 1998. The	44710
department instead shall deduct from the district's payments	44711
under this chapter and Chapter 3306. of the Revised Code, and pay	44712
to the county MR/DD board, an amount calculated in accordance	44713
with the formula prescribed in division (B) of this section for	44714
each child over the number of children placed in fiscal year	44715
1998.	44716

(D) The department shall calculate for each county MR/DD	44717
board receiving payments under divisions (B) and (C) of this	44718
section the following amounts:	44719

(1) The amount received by the county MR/DD board for	44720
approved special education and related services units, other than	44721
units for preschool children with disabilities, in fiscal year	44722
1998, divided by the total number of children served in the units	44723
that year;	44724

(2) The product of the quotient calculated under division	44725
(D)(1) of this section times the number of children for whom	44726
payments are made under divisions (B) and (C) of this section.	44727

If the amount calculated under division (D)(2) of this	44728
section is greater than the total amount calculated under	44729
divisions (B) and (C) of this section, the department shall pay	44730
the county MR/DD board one hundred per cent of the difference in	44731
addition to the payments under divisions (B) and (C) of this	44732
section.	44733

(E) Each county MR/DD board shall report to the department,	44734
in the manner specified by the department, the name of each child	44735
for whom the county MR/DD board provides special education and	44736
related services and the child's school district.	44737

(F)(1) For the purpose of verifying the accuracy of the	44738
payments under this section, the department may request from	44739
either of the following entities the data verification code	44740
assigned under division (D)(2) of section 3301.0714 of the Revised	44741
Code to any child who is placed with a county MR/DD board:	44742

(a) The child's school district;

44743

(b) The independent contractor engaged to create and maintain	44744
data verification codes.	44745

(2) Upon a request by the department under division (F)(1) of	44746
this section for the data verification code of a child, the	44747
child's school district shall submit that code to the department	44748
in the manner specified by the department. If the child has not	44749
been assigned a code, the district shall assign a code to that	44750
child and submit the code to the department by a date specified by	44751
the department. If the district does not assign a code to the	44752
child by the specified date, the department shall assign a code to	44753
the child.	44754

The department annually shall submit to each school district	44755
the name and data verification code of each child residing in the	44756
district for whom the department has assigned a code under this	44757
division.	44758

(3) The department shall not release any data verification	44759
code that it receives under division (F) of this section to any	44760
person except as provided by law.	44761

(G) Any document relative to special education and related	44762
services provided by a county MR/DD board that the department	44763
holds in its files that contains both a student's name or other	44764
personally identifiable information and the student's data	44765
verification code shall not be a public record under section	44766
149.43 of the Revised Code.	44767

Sec. 3317.201. This section does not apply to preschool	44768
children with disabilities.	44769

(A) As used in this section, the "total special education	44770
weight" for an institution means the sum of the following amounts:	44771

(1) The number of children reported by the institution under	44772
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	44773
receiving services for a disability described in division	44774
~~(A)~~(C)(1) of section ~~3317.013~~3306.02 of the Revised Code	44775
multiplied by the multiple specified in that division;	44776

(2) The number of children reported by the institution under	44777
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	44778
receiving services for a disability described in division	44779
~~(B)~~(C)(2) of section ~~3317.013~~3306.02 of the Revised Code	44780
multiplied by the multiple specified in that division;	44781

(3) The number of children reported by the institution under	44782
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	44783
receiving services for a disability described in division (C)(3)	44784
of section ~~3317.013~~3306.02 of the Revised Code multiplied by the	44785
multiple specified in that division;	44786

(4) The number of children reported by the institution under	44787
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	44788
receiving services for a disability described in division	44789
~~(D)~~(C)(4) of section ~~3317.013~~3306.02 of the Revised Code	44790
multiplied by the multiple specified in that division;	44791

(5) The number of children reported by the institution under	44792
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	44793
receiving services for a disability described in division	44794
~~(E)~~(C)(5) of section ~~3317.013~~3306.02 of the Revised Code	44795
multiplied by the multiple specified in that division;	44796

(6) The number of children reported by the institution under	44797
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	44798
receiving services for a disability described in division	44799
~~(F)~~(C)(6) of section ~~3317.013~~3306.02 of the Revised Code	44800
multiplied by the multiple specified in that division.	44801

(B) For each fiscal year, the department of education shall	44802
pay each state institution required to provide special education	44803
services under division (A) of section 3323.091 of the Revised	44804
Code an amount equal to the greater of:	44805

(1) The formula amount times the institution's total special	44806
education weight;	44807

(2) The aggregate amount of special education and related	44808
services unit funding the institution received for all children	44809
with disabilities other than preschool children with disabilities	44810
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	44811
Revised Code, as those sections existed prior to June 30, 2005.	44812

Sec. 3318.011. For purposes of providing assistance under	44813
sections 3318.01 to 3318.20 of the Revised Code, the department of	44814
education shall annually do all of the following:	44815

(A) Calculate the adjusted valuation per pupil of each city,	44816
local, and exempted village school district according to the	44817
following formula:	44818

The district's valuation per pupil -	44819

[$30,000 X (1 - the district's income factor)].	44820

For purposes of this calculation:

44821

(1)(a) Except ~~for a district with an open enrollment net~~	44822
~~gain that is ten per cent or more of its formula ADM~~as provided	44823
in division (A)(1)(b) of this section, "valuation per pupil" for	44824
a district means its average taxable value, divided by its	44825
formula ADM for the previous fiscal year. ~~"Valuation per pupil,"~~	44826

(b) For calculations in which the formula ADM reported for	44827
fiscal year 2009 or earlier is a factor, for a district with an	44828
open enrollment net gain that is ten per cent or more of its	44829
formula ADM, "valuation per pupil" means its average taxable	44830
value, divided by the sum of its formula ADM for the previous	44831
fiscal year plus its open enrollment net gain for the previous	44832
fiscal year.	44833

Consideration of net open enrollment gain is not added to the	44834
calculation of valuation per pupil for calculations in which the	44835
formula ADM is reported for a fiscal year after fiscal year 2009,	44836
to account for the fact that beginning with the report of formula	44837
ADM in October 2009 open enrollment students are counted in the	44838
formula ADM of the school districts in which they are enrolled.	44839

(2) "Average taxable value" means the average of the amounts	44840
certified for a district in the second, third, and fourth	44841
preceding fiscal years under divisions (A)(1) and (2) of section	44842
3317.021 of the Revised Code.	44843

(3) "Entitled to attend school" means entitled to attend	44844
school in a city, local, or exempted village school district	44845
under section 3313.64 or 3313.65 of the Revised Code.	44846

(4) "Formula ADM" and "income factor" have the same meanings	44847
as in section 3317.02 of the Revised Code.	44848

(5) "Native student" has the same meaning as in section	44849
3313.98 of the Revised Code.	44850

(6) "Open enrollment net gain" for a district means (a) the	44851
number of the students entitled to attend school in another	44852
district but who are enrolled in the schools of the district under	44853
its open enrollment policy minus (b) the number of the district's	44854
native students who are enrolled in the schools of another	44855
district under the other district's open enrollment policy, both	44856
numbers as certified to the department under section 3313.981 of	44857
the Revised Code. If the difference is a negative number, the	44858
district's "open enrollment net gain" is zero.	44859

(7) "Open enrollment policy" means an interdistrict open	44860
enrollment policy adopted under section 3313.98 of the Revised	44861
Code.	44862

(B) Calculate for each district the three-year average of the	44863
adjusted valuations per pupil calculated for the district for the	44864
current and two preceding fiscal years;	44865

(C) Rank all such districts in order of adjusted valuation	44866
per pupil from the district with the lowest three-year average	44867
adjusted valuation per pupil to the district with the highest	44868
three-year average adjusted valuation per pupil;	44869

(D) Divide such ranking into percentiles with the first	44870
percentile containing the one per cent of school districts having	44871
the lowest three-year average adjusted valuations per pupil and	44872
the one-hundredth percentile containing the one per cent of school	44873
districts having the highest three-year average adjusted	44874
valuations per pupil;	44875

(E) Determine the school districts that have three-year	44876
average adjusted valuations per pupil that are greater than the	44877
median three-year average adjusted valuation per pupil for all	44878
school districts in the state;	44879

(F) On or before the first day of September, certify the	44880
information described in divisions (A) to (E) of this section to	44881
the Ohio school facilities commission.	44882

Sec. 3318.051. (A) Any city, exempted village, or local	44883
school district that commences a project under sections 3318.01 to	44884
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	44885
after ~~the effective date of this section~~September 5, 2006, need	44886
not levy the tax otherwise required under division (B) of section	44887
3318.05 of the Revised Code, if the district board of education	44888
adopts a resolution petitioning the Ohio school facilities	44889
commission to approve the transfer of money in accordance with	44890
this section and the commission approves that transfer. If so	44891
approved, the commission and the district board shall enter into	44892
an agreement under which the board, in each of twenty-three	44893
consecutive years beginning in the year in which the board and the	44894
commission enter into the project agreement under section 3318.08	44895
of the Revised Code, shall transfer into the maintenance fund	44896
required by division (D) of section 3318.05 of the Revised Code	44897
not less than an amount equal to one-half mill for each dollar of	44898
the district's valuation unless and until the agreement to make	44899
those transfers is rescinded by the district board pursuant to	44900
division (F) of this section.	44901

(B) On the first day of July each year, or on an alternative	44902
date prescribed by the commission, the district treasurer shall	44903
certify to the commission and the auditor of state that the amount	44904
required for the year has been transferred. The auditor of state	44905
shall include verification of the transfer as part of any audit of	44906
the district under section 117.11 of the Revised Code. If the	44907
auditor of state finds that less than the required amount has been	44908
deposited into a district's maintenance fund, the auditor of state	44909
shall notify the district board of education in writing of that	44910
fact and require the board to deposit into the fund, within ninety	44911
days after the date of the notice, the amount by which the fund is	44912
deficient for the year. If the district board fails to demonstrate	44913
to the auditor of state's satisfaction that the board has made the	44914
deposit required in the notice, the auditor of state shall notify	44915
the department of education. At that time, the department shall	44916
withhold an amount equal to ten per cent of the district's funds	44917
calculated for the current fiscal year under ~~Chapter~~Chapters	44918
3306. and 3317. of the Revised Code until the auditor of state	44919
notifies the department that the auditor of state is satisfied	44920
that the board has made the required transfer.	44921

(C) Money transferred to the maintenance fund shall be used	44922
for the maintenance of the facilities acquired under the	44923
district's project.	44924

(D) The transfers to the maintenance fund under this section	44925
does not affect a district's obligation to establish and maintain	44926
a capital and maintenance fund under section 3315.18 of the	44927
Revised Code.	44928

(E) Any decision by the commission to approve or not approve	44929
the transfer of money under this section is final and not subject	44930
to appeal. The commission shall not be responsible for errors or	44931
miscalculations made in deciding whether to approve a petition to	44932
make transfers under this section.	44933

(F) If the district board determines that it no longer can	44934
continue making the transfers agreed to under this section, the	44935
board may rescind the agreement only so long as the electors of	44936
the district have approved, in accordance with section 3318.063 of	44937
the Revised Code, the levy of a tax for the maintenance of the	44938
classroom facilities acquired under the district's project and	44939
that levy continues to be collected as approved by the electors.	44940
That levy shall be for a number of years that is equal to the	44941
difference between twenty-three years and the number of years that	44942
the district made transfers under this section and shall be at the	44943
rate of not less than one-half mill for each dollar of the	44944
district's valuation. The district board shall continue to make	44945
the transfers agreed to under this section until that levy has	44946
been approved by the electors.	44947

Sec. 3318.061. This section applies only to school districts	44948
eligible to receive additional assistance under division (B)(2) of	44949
section 3318.04 of the Revised Code ~~and to big eight districts~~	44950
~~segmenting projects under section 3318.38 of the Revised Code~~.	44951

The board of education of a school district in which a tax	44952
described by division (B) of section 3318.05 and levied under	44953
section 3318.06 of the Revised Code is in effect, may adopt a	44954
resolution by vote of a majority of its members to extend the term	44955
of that tax beyond the expiration of that tax as originally	44956
approved under that section. The school district board may include	44957
in the resolution a proposal to extend the term of that tax at the	44958
rate of not less than one-half mill for each dollar of valuation	44959
for a period of twenty-three years from the year in which the	44960
school district board and the Ohio school facilities commission	44961
enter into an agreement under division (B)(2) of section 3318.04	44962
of the Revised Code or in the following year, as specified in the	44963
resolution ~~or, as applicable in the case of a district segmenting~~	44964
~~a project under section 3318.38 of the Revised Code, from the year~~	44965
~~in which the last segment is undertaken~~. Such a resolution may be	44966
adopted at any time before such an agreement is entered into and	44967
before the tax levied pursuant to section 3318.06 of the Revised	44968
Code expires. If the resolution is combined with a resolution to	44969
issue bonds to pay the school district's portion of the basic	44970
project cost, it shall conform with the requirements of divisions	44971
(A)(1), (2), and (3) of section 3318.06 of the Revised Code,	44972
except that the resolution also shall state that the tax levy	44973
proposed in the resolution is an extension of an existing tax	44974
levied under that section. A resolution proposing an extension	44975
adopted under this section does not take effect until it is	44976
approved by a majority of electors voting in favor of the	44977
resolution at a general, primary, or special election as provided	44978
in this section.	44979

A tax levy extended under this section is subject to the same	44980
terms and limitations to which the original tax levied under	44981
section 3318.06 of the Revised Code is subject under that section,	44982
except the term of the extension shall be as specified in this	44983
section.	44984

The school district board shall certify a copy of the	44985
resolution adopted under this section to the proper county board	44986
of elections not later than seventy-five days before the date set	44987
in the resolution as the date of the election at which the	44988
question will be submitted to electors. The notice of the election	44989
shall conform with the requirements of division (A)(3) of section	44990
3318.06 of the Revised Code, except that the notice also shall	44991
state that the maintenance tax levy is an extension of an existing	44992
tax levy.	44993

The form of the ballot shall be as follows:

44994

"Shall the existing tax levied to pay the cost of maintaining	44995
classroom facilities constructed with the proceeds of the	44996
previously issued bonds at the rate of .......... (here insert the	44997
number of mills, which shall not be less than one-half mill) mills	44998
per dollar of tax valuation, be extended until ........ (here	44999
insert the year that is twenty-three years after the year in which	45000
the district and commission will enter into an agreement under	45001
division (B)(2) of section 3318.04 of the Revised Code or the	45002
following year)?	45003

45004

		FOR EXTENDING THE EXISTING TAX LEVY			45005
		AGAINST EXTENDING THE EXISTING TAX LEVY	"		45006

45007

Section 3318.07 of the Revised Code applies to ballot	45008
questions under this section.	45009

Sec. 3318.08. Except in the case of a joint vocational	45010
school district that receives assistance under sections 3318.40 to	45011
3318.45 of the Revised Code, if the requisite favorable vote on	45012
the election is obtained, or if the school district board has	45013
resolved to apply the proceeds of a property tax levy or the	45014
proceeds of an income tax, or a combination of proceeds from such	45015
taxes, as authorized in section 3318.052 of the Revised Code, the	45016
Ohio school facilities commission, upon certification to it of	45017
either the results of the election or the resolution under section	45018
3318.052 of the Revised Code, shall enter into a written agreement	45019
with the school district board for the construction and sale of	45020
the project. In the case of a joint vocational school district	45021
that receives assistance under sections 3318.40 to 3318.45 of the	45022
Revised Code, if the school district board of education and the	45023
school district electors have satisfied the conditions prescribed	45024
in division (D)(1) of section 3318.41 of the Revised Code, the	45025
commission shall enter into an agreement with the school district	45026
board for the construction and sale of the project. In either	45027
case, the agreement shall include, but need not be limited to, the	45028
following provisions:	45029

(A) The sale and issuance of bonds or notes in anticipation	45030
thereof, as soon as practicable after the execution of the	45031
agreement, in an amount equal to the school district's portion of	45032
the basic project cost, including any securities authorized under	45033
division (J) of section 133.06 of the Revised Code and dedicated	45034
by the school district board to payment of the district's portion	45035
of the basic project cost of the project; provided, that if at	45036
that time the county treasurer of each county in which the school	45037
district is located has not commenced the collection of taxes on	45038
the general duplicate of real and public utility property for the	45039
year in which the controlling board approved the project, the	45040
school district board shall authorize the issuance of a first	45041
installment of bond anticipation notes in an amount specified by	45042
the agreement, which amount shall not exceed an amount necessary	45043
to raise the net bonded indebtedness of the school district as of	45044
the date of the controlling board's approval to within five	45045
thousand dollars of the required level of indebtedness for the	45046
preceding year. In the event that a first installment of bond	45047
anticipation notes is issued, the school district board shall, as	45048
soon as practicable after the county treasurer of each county in	45049
which the school district is located has commenced the collection	45050
of taxes on the general duplicate of real and public utility	45051
property for the year in which the controlling board approved the	45052
project, authorize the issuance of a second and final installment	45053
of bond anticipation notes or a first and final issue of bonds.	45054

The combined value of the first and second installment of	45055
bond anticipation notes or the value of the first and final issue	45056
of bonds shall be equal to the school district's portion of the	45057
basic project cost. The proceeds of any such bonds shall be used	45058
first to retire any bond anticipation notes. Otherwise, the	45059
proceeds of such bonds and of any bond anticipation notes, except	45060
the premium and accrued interest thereon, shall be deposited in	45061
the school district's project construction fund. In determining	45062
the amount of net bonded indebtedness for the purpose of fixing	45063
the amount of an issue of either bonds or bond anticipation notes,	45064
gross indebtedness shall be reduced by moneys in the bond	45065
retirement fund only to the extent of the moneys therein on the	45066
first day of the year preceding the year in which the controlling	45067
board approved the project. Should there be a decrease in the tax	45068
valuation of the school district so that the amount of	45069
indebtedness that can be incurred on the tax duplicates for the	45070
year in which the controlling board approved the project is less	45071
than the amount of the first installment of bond anticipation	45072
notes, there shall be paid from the school district's project	45073
construction fund to the school district's bond retirement fund to	45074
be applied against such notes an amount sufficient to cause the	45075
net bonded indebtedness of the school district, as of the first	45076
day of the year following the year in which the controlling board	45077
approved the project, to be within five thousand dollars of the	45078
required level of indebtedness for the year in which the	45079
controlling board approved the project. The maximum amount of	45080
indebtedness to be incurred by any school district board as its	45081
share of the cost of the project is either an amount that will	45082
cause its net bonded indebtedness, as of the first day of the year	45083
following the year in which the controlling board approved the	45084
project, to be within five thousand dollars of the required level	45085
of indebtedness, or an amount equal to the required percentage of	45086
the basic project costs, whichever is greater. All bonds and bond	45087
anticipation notes shall be issued in accordance with Chapter 133.	45088
of the Revised Code, and notes may be renewed as provided in	45089
section 133.22 of the Revised Code.	45090

(B) The transfer of such funds of the school district board	45091
available for the project, together with the proceeds of the sale	45092
of the bonds or notes, except premium, accrued interest, and	45093
interest included in the amount of the issue, to the school	45094
district's project construction fund;	45095

(C) For all school districts except joint vocational school	45096
districts that receive assistance under sections 3318.40 to	45097
3318.45 of the Revised Code, the following provisions as	45098
applicable:	45099

(1) If section 3318.052 of the Revised Code applies, the	45100
earmarking of the proceeds of a tax levied under section 5705.21	45101
of the Revised Code for general permanent improvements or under	45102
section 5705.218 of the Revised Code for the purpose of permanent	45103
improvements, or the proceeds of a school district income tax	45104
levied under Chapter 5748. of the Revised Code, or the proceeds	45105
from a combination of those two taxes, in an amount to pay all or	45106
part of the service charges on bonds issued to pay the school	45107
district portion of the project and an amount equivalent to all or	45108
part of the tax required under division (B) of section 3318.05 of	45109
the Revised Code;	45110

(2) If section 3318.052 of the Revised Code does not apply,	45111
one of the following:	45112

(a) The levy of the tax authorized at the election for the	45113
payment of maintenance costs, as specified in division (B) of	45114
section 3318.05 of the Revised Code;	45115

(b) If the school district electors have approved a	45116
continuing tax for general permanent improvements under section	45117
5705.21 of the Revised Code and that tax can be used for	45118
maintenance, the earmarking of an amount of the proceeds from such	45119
tax for maintenance of classroom facilities as specified in	45120
division (B) of section 3318.05 of the Revised Code;	45121

(c) If, in lieu of the tax otherwise required under division	45122
(B) of section 3318.05 of the Revised Code, the commission has	45123
approved the transfer of money to the maintenance fund in	45124
accordance with section 3318.051 of the Revised Code, a	45125
requirement that the district board comply with the provisions	45126
prescribed under that section. The district board may rescind the	45127
provision prescribed under division (C)(2)(c) of this section	45128
only so long as the electors of the district have approved, in	45129
accordance with section 3318.063 of the Revised Code, the levy of	45130
a tax for the maintenance of the classroom facilities acquired	45131
under the district's project and that levy continues to be	45132
collected as approved by the electors.	45133

(D) For joint vocational school districts that receive	45134
assistance under sections 3318.40 to 3318.45 of the Revised Code,	45135
provision for deposit of school district moneys dedicated to	45136
maintenance of the classroom facilities acquired under those	45137
sections as prescribed in section 3318.43 of the Revised Code;	45138

(E) Dedication of any local donated contribution as provided	45139
for under section 3318.084 of the Revised Code, including a	45140
schedule for depositing such moneys applied as an offset of the	45141
district's obligation to levy the tax described in division (B) of	45142
section 3318.05 of the Revised Code as required under division	45143
(D)(2) of section 3318.084 of the Revised Code;	45144

(F) Ownership of or interest in the project during the period	45145
of construction, which shall be divided between the commission and	45146
the school district board in proportion to their respective	45147
contributions to the school district's project construction fund;	45148

(G) Maintenance of the state's interest in the project until	45149
any obligations issued for the project under section 3318.26 of	45150
the Revised Code are no longer outstanding;	45151

(H) The insurance of the project by the school district from	45152
the time there is an insurable interest therein and so long as the	45153
state retains any ownership or interest in the project pursuant to	45154
division (F) of this section, in such amounts and against such	45155
risks as the commission shall require; provided, that the cost of	45156
any required insurance until the project is completed shall be a	45157
part of the basic project cost;	45158

(I) The certification by the director of budget and	45159
management that funds are available and have been set aside to	45160
meet the state's share of the basic project cost as approved by	45161
the controlling board pursuant to either section 3318.04 or	45162
division (B)(1) of section 3318.41 of the Revised Code;	45163

(J) Authorization of the school district board to advertise	45164
for and receive construction bids for the project, for and on	45165
behalf of the commission, and to award contracts in the name of	45166
the state subject to approval by the commission;	45167

(K) Provisions for the disbursement of moneys from the school	45168
district's project account upon issuance by the commission or the	45169
commission's designated representative of vouchers for work done	45170
to be certified to the commission by the treasurer of the school	45171
district board;	45172

(L) Disposal of any balance left in the school district's	45173
project construction fund upon completion of the project;	45174

(M) Limitations upon use of the project or any part of it so	45175
long as any obligations issued to finance the project under	45176
section 3318.26 of the Revised Code are outstanding;	45177

(N) Provision for vesting the state's interest in the project	45178
to the school district board when the obligations issued to	45179
finance the project under section 3318.26 of the Revised Code are	45180
outstanding;	45181

(O) Provision for deposit of an executed copy of the	45182
agreement in the office of the commission;	45183

(P) Provision for termination of the contract and release of	45184
the funds encumbered at the time of the conditional approval, if	45185
the proceeds of the sale of the bonds of the school district board	45186
are not paid into the school district's project construction fund	45187
and if bids for the construction of the project have not been	45188
taken within such period after the execution of the agreement as	45189
may be fixed by the commission;	45190

(Q) Provision for the school district to maintain the project	45191
in accordance with a plan approved by the commission;	45192

(R)(1) For all school districts except a district undertaking	45193
a project under section 3318.38 of the Revised Code or a joint	45194
vocational school district undertaking a project under sections	45195
3318.40 to 3318.45 of the Revised Code, provision that all state	45196
funds reserved and encumbered to pay the state share of the cost	45197
of the project pursuant to section 3318.03 of the Revised Code be	45198
spent on the construction or acquisition of the project prior to	45199
the expenditure of any funds provided by the school district to	45200
pay for its share of the project cost, unless the school district	45201
certifies to the commission that expenditure by the school	45202
district is necessary to maintain the tax-exempt status of notes	45203
or bonds issued by the school district to pay for its share of the	45204
project cost or to comply with applicable temporary investment	45205
periods or spending exceptions to rebate as provided for under	45206
federal law in regard to those notes or bonds, in which cases, the	45207
school district may commit to spend, or spend, a portion of the	45208
funds it provides;	45209

(2) For a school district undertaking a project under section	45210
3318.38 of the Revised Code or a joint vocational school district	45211
undertaking a project under sections 3318.40 to 3318.45 of the	45212
Revised Code, provision that the state funds reserved and	45213
encumbered and the funds provided by the school district to pay	45214
the basic project cost of any segment of the project, or of the	45215
entire project if it is not divided into segments, be spent on the	45216
construction and acquisition of the project simultaneously in	45217
proportion to the state's and the school district's respective	45218
shares of that basic project cost as determined under section	45219
3318.032 of the Revised Code or, if the district is a joint	45220
vocational school district, under section 3318.42 of the Revised	45221
Code.	45222

(S) A provision stipulating that the commission may prohibit	45223
the district from proceeding with any project if the commission	45224
determines that the site is not suitable for construction	45225
purposes. The commission may perform soil tests in its	45226
determination of whether a site is appropriate for construction	45227
purposes.	45228

(T) A provision stipulating that, unless otherwise authorized	45229
by the commission, any contingency reserve portion of the	45230
construction budget prescribed by the commission shall be used	45231
only to pay costs resulting from unforeseen job conditions, to	45232
comply with rulings regarding building and other codes, to pay	45233
costs related to design clarifications or corrections to contract	45234
documents, and to pay the costs of settlements or judgments	45235
related to the project as provided under section 3318.086 of the	45236
Revised Code;	45237

~~(U) Provision stipulating that for continued release of~~	45238
~~project funds the school district board shall comply with section~~	45239
~~3313.41 of the Revised Code throughout the project and shall~~	45240
~~notify the department of education and the Ohio community school~~	45241
~~association when the board plans to dispose of facilities by sale~~	45242
~~under that section;~~	45243

~~(V) Provision that the commission shall not approve a~~	45244
~~contract for demolition of a facility until the school district~~	45245
~~board has complied with section 3313.41 of the Revised Code~~	45246
~~relative to that facility, unless demolition of that facility is~~	45247
~~to clear a site for construction of a replacement facility~~	45248
~~included in the district's project~~.	45249

Sec. 3318.312. After the superintendent of public	45250
instruction adopts rules under section 3306.25 of the Revised	45251
Code establishing expenditure and reporting standards for	45252
operating funds paid under Chapter 3306. of the Revised Code, the	45253
Ohio school facilities commission shall conduct a study of	45254
demands upon and other issues related to existing classroom	45255
facilities that may arise due to new operating requirements. The	45256
commission shall report its findings to the governor and general	45257
assembly, in accordance with section 101.68 of the Revised Code.	45258

Sec. 3318.36. (A)(1) As used in this section:

45259

(a) "Ohio school facilities commission," "classroom	45260
facilities," "school district," "school district board," "net	45261
bonded indebtedness," "required percentage of the basic project	45262
costs," "basic project cost," "valuation," and "percentile" have	45263
the same meanings as in section 3318.01 of the Revised Code.	45264

(b) "Required level of indebtedness" means five per cent of	45265
the school district's valuation for the year preceding the year in	45266
which the commission and school district enter into an agreement	45267
under division (B) of this section, plus [two one-hundredths of	45268
one per cent multiplied by (the percentile in which the district	45269
ranks minus one)].	45270

(c) "Local resources" means any moneys generated in any	45271
manner permitted for a school district board to raise the school	45272
district portion of a project undertaken with assistance under	45273
sections 3318.01 to 3318.20 of the Revised Code.	45274

(2) For purposes of determining ~~either~~ the required level of	45275
indebtedness, ~~as defined in division (A)(1)(b) of this section,~~ or	45276
the required percentage of the basic project costs, under division	45277
(C)(1) of this section, and priority for assistance under sections	45278
3318.01 to 3318.20 of the Revised Code, the percentile ranking of	45279
a school district with which the commission has entered into an	45280
agreement under this section between the first day of July and the	45281
thirty-first day of August in each fiscal year is the percentile	45282
ranking calculated for that district for the immediately preceding	45283
fiscal year, and the percentile ranking of a school district with	45284
which the commission has entered into such agreement between the	45285
first day of September and the thirtieth day of June in each	45286
fiscal year is the percentile ranking calculated for that district	45287
for the current fiscal year.	45288

(B)(1) There is hereby established the school building	45289
assistance expedited local partnership program. Under the program,	45290
the Ohio school facilities commission may enter into an agreement	45291
with the school district board of any school district under which	45292
the school district board may proceed with the new construction or	45293
major repairs of a part of the school district's classroom	45294
facilities needs, as determined under sections 3318.01 to 3318.20	45295
of the Revised Code, through the expenditure of local resources	45296
prior to the school district's eligibility for state assistance	45297
under those sections ~~3318.01 to 3318.20 of the Revised Code~~ and	45298
may apply that expenditure toward meeting the school district's	45299
portion of the basic project cost of the total of the school	45300
district's classroom facilities needs, as determined under	45301
sections 3318.01 to 3318.20 of the Revised Code and as	45302
recalculated under division (E) of this section, that are eligible	45303
for state assistance under sections 3318.01 to 3318.20 of the	45304
Revised Code when the school district becomes eligible for ~~such~~	45305
~~state~~that assistance. Any school district that is reasonably	45306
expected to receive assistance under sections 3318.01 to 3318.20	45307
of the Revised Code within two fiscal years from the date the	45308
school district adopts its resolution under division (B) of this	45309
section shall not be eligible to participate in the program	45310
established under this section.	45311

(2) To participate in the program, a school district board	45312
shall first adopt a resolution certifying to the commission the	45313
board's intent to participate in the program.	45314

The resolution shall specify the approximate date that the	45315
board intends to seek elector approval of any bond or tax measures	45316
or to apply other local resources to use to pay the cost of	45317
classroom facilities to be constructed under this section. The	45318
resolution may specify the application of local resources or	45319
elector-approved bond or tax measures after the resolution is	45320
adopted by the board, and in such case the board may proceed with	45321
a discrete portion of its project under this section as soon as	45322
the commission and the controlling board have approved the basic	45323
project cost of the district's classroom facilities needs as	45324
specified in division (D) of this section. The board shall submit	45325
its resolution to the commission not later than ten days after the	45326
date the resolution is adopted by the board.	45327

The commission shall not consider any resolution that is	45328
submitted pursuant to division (B)(2) of this section, as amended	45329
by this amendment, sooner than September 14, 2000.	45330

(3) For purposes of determining when a district that enters	45331
into an agreement under this section becomes eligible for	45332
assistance under sections 3318.01 to 3318.20 of the Revised Code,	45333
the commission shall use the district's percentile ranking	45334
determined at the time the district entered into the agreement	45335
under this section, as prescribed by division (A)(2) of this	45336
section.	45337

(4) Any project under this section shall comply with section	45338
3318.03 of the Revised Code and with any specifications for plans	45339
and materials for classroom facilities adopted by the commission	45340
under section 3318.04 of the Revised Code.	45341

~~(4)~~(5) If a school district that enters into an agreement	45342
under this section has not begun a project applying local	45343
resources as provided for under that agreement at the time the	45344
district is notified by the commission that it is eligible to	45345
receive state assistance under sections 3318.01 to 3318.20 of the	45346
Revised Code, all assessment and agreement documents entered into	45347
under this section are void.	45348

~~(5)~~(6) Only construction of or repairs to classroom	45349
facilities that have been approved by the commission and have been	45350
therefore included as part of a district's basic project cost	45351
qualify for application of local resources under this section.	45352

(C) Based on the results of ~~the~~ on-site visits and assessment	45353
~~conducted under division (B)(2) of this section~~, the commission	45354
shall determine the basic project cost of the school district's	45355
classroom facilities needs. The commission shall determine the	45356
school district's portion of such basic project cost, which shall	45357
be the greater of:	45358

(1) The required percentage of the basic project costs,	45359
determined based on the school district's percentile ranking;	45360

(2) An amount necessary to raise the school district's net	45361
bonded indebtedness, as of the fiscal year the commission and the	45362
school district enter into the agreement under division (B) of	45363
this section, to within five thousand dollars of the required	45364
level of indebtedness.	45365

(D)(1) When the commission determines the basic project cost	45366
of the classroom facilities needs of a school district and the	45367
school district's portion of that basic project cost under	45368
division (C) of this section, the project shall be conditionally	45369
approved. Such conditional approval shall be submitted to the	45370
controlling board for approval thereof. The controlling board	45371
shall forthwith approve or reject the commission's determination,	45372
conditional approval, and the amount of the state's portion of the	45373
basic project cost; however, no state funds shall be encumbered	45374
under this section. Upon approval by the controlling board, the	45375
school district board may identify a discrete part of its	45376
classroom facilities needs, which shall include only new	45377
construction of or additions or major repairs to a particular	45378
building, to address with local resources. Upon identifying a part	45379
of the school district's basic project cost to address with local	45380
resources, the school district board may allocate any available	45381
school district moneys to pay the cost of that identified part,	45382
including the proceeds of an issuance of bonds if approved by the	45383
electors of the school district.	45384

All local resources utilized under this division shall first	45385
be deposited in the project construction account required under	45386
section 3318.08 of the Revised Code.	45387

(2) Unless the school district board exercises its option	45388
under division (D)(3) of this section, for a school district to	45389
qualify for participation in the program authorized under this	45390
section, one of the following conditions shall be satisfied:	45391

(a) The electors of the school district by a majority vote	45392
shall approve the levy of taxes outside the ten-mill limitation	45393
for a period of twenty-three years at the rate of not less than	45394
one-half mill for each dollar of valuation to be used to pay the	45395
cost of maintaining the classroom facilities included in the basic	45396
project cost as determined by the commission. The form of the	45397
ballot to be used to submit the question whether to approve the	45398
tax required under this division to the electors of the school	45399
district shall be the form for an additional levy of taxes	45400
prescribed in section 3318.361 of the Revised Code, which may be	45401
combined in a single ballot question with the questions prescribed	45402
under section 5705.218 of the Revised Code.	45403

(b) As authorized under division (C) of section 3318.05 of	45404
the Revised Code, the school district board shall earmark from the	45405
proceeds of a permanent improvement tax levied under section	45406
5705.21 of the Revised Code, an amount equivalent to the	45407
additional tax otherwise required under division (D)(2)(a) of this	45408
section for the maintenance of the classroom facilities included	45409
in the basic project cost as determined by the commission.	45410

(c) As authorized under section 3318.051 of the Revised Code,	45411
the school district board shall, if approved by the commission,	45412
annually transfer into the maintenance fund required under section	45413
3318.05 of the Revised Code the amount prescribed in section	45414
3318.051 of the Revised Code in lieu of the tax otherwise required	45415
under division (D)(2)(a) of this section for the maintenance of	45416
the classroom facilities included in the basic project cost as	45417
determined by the commission.	45418

(d) If the school district board has rescinded the agreement	45419
to make transfers under section 3318.051 of the Revised Code, as	45420
provided under division (F) of that section, the electors of the	45421
school district, in accordance with section 3318.063 of the	45422
Revised Code, first shall approve the levy of taxes outside the	45423
ten-mill limitation for the period specified in that section at a	45424
rate of not less than one-half mill for each dollar of valuation.	45425

(e) The school district board shall apply the proceeds of a	45426
tax to leverage bonds as authorized under section 3318.052 of the	45427
Revised Code or dedicate a local donated contribution in the	45428
manner described in division (B) of section 3318.084 of the	45429
Revised Code in an amount equivalent to the additional tax	45430
otherwise required under division (D)(2)(a) of this section for	45431
the maintenance of the classroom facilities included in the basic	45432
project cost as determined by the commission.	45433

(3) A school district board may opt to delay taking any of	45434
the actions described in division (D)(2) of this section until	45435
~~such time as~~ the school district becomes eligible for state	45436
assistance under sections 3318.01 to 3318.20 of the Revised Code.	45437
In order to exercise this option, the board shall certify to the	45438
commission a resolution indicating the board's intent to do so	45439
prior to entering into an agreement under division (B) of this	45440
section.	45441

(4) If pursuant to division (D)(3) of this section a district	45442
board opts to delay levying an additional tax until the district	45443
becomes eligible for state assistance, it shall submit the	45444
question of levying that tax to the district electors as follows:	45445

(a) In accordance with section 3318.06 of the Revised Code if	45446
it will also be necessary pursuant to division (E) of this section	45447
to submit a proposal for approval of a bond issue;	45448

(b) In accordance with section 3318.361 of the Revised Code	45449
if it is not necessary to also submit a proposal for approval of a	45450
bond issue pursuant to division (E) of this section.	45451

(5) No state assistance under sections 3318.01 to 3318.20 of	45452
the Revised Code shall be released until a school district board	45453
that adopts and certifies a resolution under division (D) of this	45454
section also demonstrates to the satisfaction of the commission	45455
compliance with the provisions of division (D)(2) of this section.	45456

Any amount required for maintenance under division (D)(2) of	45457
this section shall be deposited into a separate fund as specified	45458
in division (B) of section 3318.05 of the Revised Code.	45459

(E)(1) If the school district becomes eligible for state	45460
assistance under sections 3318.01 to 3318.20 of the Revised Code	45461
based on its percentile ranking ~~as determined~~ under division	45462
(B)(3) of this section, the commission shall conduct a new	45463
assessment of the school district's classroom facilities needs and	45464
shall recalculate the basic project cost based on this new	45465
assessment. The basic project cost recalculated under this	45466
division shall include the amount of expenditures made by the	45467
school district board under division (D)(1) of this section. The	45468
commission shall then recalculate the school district's portion of	45469
the new basic project cost, which shall be the percentage of the	45470
original basic project cost assigned to the school district as	45471
its portion under division (C) of this section. The commission	45472
shall deduct the expenditure of school district moneys made	45473
under division (D)(1) of this section from the school district's	45474
portion of the basic project cost as recalculated under this	45475
division. If the amount of school district resources applied by	45476
the school district board to the school district's portion of	45477
the basic project cost under this section is less than the total	45478
amount of such portion as recalculated under this division, the	45479
school district board by a majority vote of all of its members	45480
shall, if it desires to seek state assistance under sections	45481
3318.01 to 3318.20 of the Revised Code, adopt a resolution as	45482
specified in section 3318.06 of the Revised Code to submit to the	45483
electors of the school district the question of approval of a	45484
bond issue in order to pay any additional amount of school	45485
district portion required for state assistance. Any tax levy	45486
approved under division (D) of this section satisfies the	45487
requirements to levy the additional tax under section 3318.06 of	45488
the Revised Code.	45489

(2) If the amount of school district resources applied by the	45490
school district board to the school district's portion of the	45491
basic project cost under this section is more than the total	45492
amount of such portion as recalculated under this division, within	45493
one year after the school district's portion is recalculated under	45494
division (E)(1) of this section the commission may grant to the	45495
school district the difference between the two calculated	45496
portions, but at no time shall the commission expend any state	45497
funds on a project in an amount greater than the state's portion	45498
of the basic project cost as recalculated under this division.	45499

Any reimbursement under this division shall be only for local	45500
resources the school district has applied toward construction cost	45501
expenditures for the classroom facilities approved by the	45502
commission, which shall not include any financing costs associated	45503
with that construction.	45504

The school district board shall use any moneys reimbursed to	45505
the district under this division to pay off any debt service the	45506
district owes for classroom facilities constructed under its	45507
project under this section before such moneys are applied to any	45508
other purpose. However, the district board first may deposit	45509
moneys reimbursed under this division into the district's general	45510
fund or a permanent improvement fund to replace local resources	45511
the district withdrew from those funds, as long as, and to the	45512
extent that, those local resources were used by the district for	45513
constructing classroom facilities included in the district's basic	45514
project cost.	45515

Sec. 3318.38. (A) As used in this section, "big-eight school	45516
district" has the same meaning as in section 3314.02 of the	45517
Revised Code.	45518

(B) There is hereby established the accelerated urban school	45519
building assistance program. Under the program, notwithstanding	45520
section 3318.02 of the Revised Code, any big-eight school district	45521
that has not been approved to receive assistance under sections	45522
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	45523
beginning on that date apply for approval of and be approved for	45524
such assistance. Except as otherwise provided in this section, any	45525
project approved and undertaken pursuant to this section shall	45526
comply with all provisions of sections 3318.01 to 3318.20 of the	45527
Revised Code.	45528

The Ohio school facilities commission shall provide	45529
assistance to any big-eight school district eligible for	45530
assistance under this section in the following manner:	45531

(1) Notwithstanding section 3318.02 of the Revised Code:

45532

(a) Not later than June 30, 2002, the commission shall	45533
conduct an on-site visit and shall assess the classroom facilities	45534
needs of each big-eight school district eligible for assistance	45535
under this section;	45536

(b) Beginning July 1, 2002, any big-eight school district	45537
eligible for assistance under this section may apply to the	45538
commission for conditional approval of its project as determined	45539
by the assessment conducted under division (B)(1)(a) of this	45540
section. The commission may conditionally approve that project	45541
and submit it to the controlling board for approval pursuant to	45542
section 3318.04 of the Revised Code.	45543

(2) If the controlling board approves the project of a	45544
big-eight school district eligible for assistance under this	45545
section, the commission and the school district shall enter into	45546
an agreement as prescribed in section 3318.08 of the Revised Code.	45547
Any agreement executed pursuant to this division shall include any	45548
applicable segmentation provisions as approved by the commission	45549
under division (B)(3) of this section.	45550

(3) Notwithstanding any provision to the contrary in sections	45551
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	45552
school district eligible for assistance under this section may	45553
with the approval of the commission opt to divide the project as	45554
approved under division (B)(1)(b) of this section into discrete	45555
segments to be completed sequentially. Any project divided into	45556
segments shall comply with all other provisions of sections	45557
3318.05, 3318.06, and 3318.08 of the Revised Code except as	45558
otherwise specified in this division.	45559

If a project is divided into segments under this division:

45560

(a) The school district need raise only the amount equal to	45561
its proportionate share, as determined under section 3318.032 of	45562
the Revised Code, of each segment at any one time and may seek	45563
voter approval of each segment separately;	45564

(b) The state's proportionate share, as determined under	45565
section 3318.032 of the Revised Code, of only the segment which	45566
has been approved by the school district electors or for which the	45567
district has applied a local donated contribution under section	45568
3318.084 of the Revised Code shall be encumbered in accordance	45569
with section 3318.11 of the Revised Code. Encumbrance of	45570
additional amounts to cover the state's proportionate share of	45571
later segments shall be approved separately as they are approved	45572
by the school district electors or as the district applies a local	45573
donated contribution to the segments under section 3318.084 of the	45574
Revised Code.	45575

(c) ~~If it is necessary to levy the additional tax for~~	45576
~~maintenance under division (B) of section 3318.05 of the Revised~~	45577
~~Code with respect to any segment of the project, the district may~~	45578
~~utilize the provisions of section 3318.061 of the Revised Code to~~	45579
~~ensure that the maintenance tax extends for twenty-three years~~	45580
~~after the last segment of the project is undertaken~~The school	45581
district's maintenance levy requirement, as defined in section	45582
3318.18 of the Revised Code, shall run for twenty-three years from	45583
the date the first segment is undertaken.	45584

(4) For any project under this section, the state funds	45585
reserved and encumbered and the funds provided by the school	45586
district to pay the basic project cost of any segment of the	45587
project, or of the entire project if it is not divided into	45588
segments, shall be spent on the construction and acquisition of	45589
the project simultaneously in proportion to the state's and the	45590
school district's respective shares of that basic project cost as	45591
determined under section 3318.032 of the Revised Code.	45592

Sec. 3318.44. (A) A joint vocational school district board of	45593
education may generate the school district's portion of the basic	45594
project cost of its project under sections 3318.40 to 3318.45 of	45595
the Revised Code using any combination of the following means if	45596
lawfully employed for the acquisition of classroom facilities:	45597

(1) The issuance of securities in accordance with Chapter	45598
133. and section 3311.20 of the Revised Code;	45599

(2) Local donated contributions as authorized under section	45600
3318.084 of the Revised Code;	45601

(3) A levy for permanent improvements under section 3311.21	45602
or 5705.21 of the Revised Code;	45603

(4) Bonds issued pursuant to division (B) of this section.

45604

(B) By resolution adopted by a majority of all its members, a	45605
school district board, in order to pay all or part of the school	45606
district's portion of its basic project cost, may apply the	45607
proceeds of a tax levied under section 5705.21 of the Revised Code	45608
for general permanent improvements if the proceeds of that levy	45609
lawfully may be used for general construction, renovation, repair,	45610
or maintenance of classroom facilities to ~~leverage~~pay debt	45611
charges on and financing costs related to bonds ~~adequate~~issued to	45612
pay all or part of the school district portion of the basic	45613
project cost of the school district's project under sections	45614
3318.40 to 3318.45 of the Revised Code or to generate an amount	45615
equivalent to all or part of the amount required under section	45616
3318.43 of the Revised Code to be used for maintenance of	45617
classroom facilities acquired under the project. Bonds issued	45618
under this division shall be Chapter 133. securities, and may be	45619
issued as general obligation securities, but the issuance of the	45620
bonds shall not be subject to a vote of the electors of the school	45621
district as long as the tax proceeds earmarked for payment of the	45622
~~service~~debt charges on the bonds may lawfully be used for that	45623
purpose. Such bonds shall not be included in the calculation of	45624
net indebtedness under section 133.06 of the Revised Code if the	45625
resolution authorizing their issuance includes covenants to	45626
appropriate annually, from lawfully available proceeds of a	45627
property tax levied under section 5705.21 of the Revised Code, and	45628
to continue to levy that tax in amounts necessary to pay the debt	45629
charges on and financing costs related to the bonds as they become	45630
due. No property tax levied under section 5705.21 of the Revised	45631
Code that is pledged, or that the school district has covenanted	45632
to levy, collect, and appropriate annually to pay the debt charges	45633
on and financing costs related to the bonds under this section may	45634
be repealed while those bonds are outstanding. If such a tax is	45635
reduced by electors of the district or by the board of education	45636
while the bonds are outstanding, the board of education shall	45637
continue to levy and collect the tax under the authority of the	45638
original election authorizing the tax at a rate in each year that	45639
the board reasonably estimates will produce an amount in that year	45640
equal to the debt charges on the bonds in that year.	45641

No state moneys shall be released for a project to which this	45642
division applies until the proceeds of any bonds issued under this	45643
division that are dedicated for payment of the school district's	45644
portion of the basic project cost are first deposited into the	45645
school district's project construction fund.	45646

(C) A school district board of education may adopt a	45647
resolution proposing that any of the following questions be	45648
combined with a question specified in section 3318.45 of the	45649
Revised Code:	45650

(1) A bond issue question under section 133.18 of the Revised	45651
Code;	45652

(2) A tax levy question under section 3311.21 of the Revised	45653
Code;	45654

(3) A tax levy question under section 5705.21 of the Revised	45655
Code.	45656

Any question described in divisions (C)(1) to (3) of this	45657
section that is combined with a question proposed under section	45658
3318.45 of the Revised Code shall be for the purpose of either	45659
paying for any permanent improvement, as defined in section 133.01	45660
of the Revised Code, or generating operating revenue specifically	45661
for the facilities acquired under the school district's project	45662
under Chapter 3318. of the Revised Code or for both to the extent	45663
such purposes are permitted by the sections of law under which	45664
each is proposed.	45665

(D) The board of education of a joint vocational school	45666
district that receives assistance under this section may enter	45667
into an agreement for joint issuance of bonds as provided for in	45668
section 3318.085 of the Revised Code.	45669

Sec. 3319.073. (A) The board of education of each city and	45670
exempted village school district and the governing board of each	45671
educational service center shall adopt or adapt the curriculum	45672
developed by the department of education for, or shall develop, in	45673
consultation with public or private agencies or persons involved	45674
in child abuse prevention or intervention programs, a program of	45675
in-service training ~~for persons employed by any school district or~~	45676
~~service center to work in an elementary school as a nurse,~~	45677
~~teacher, counselor, school psychologist, or administrator~~in the	45678
prevention of child abuse, violence, and substance abuse and the	45679
promotion of positive youth development. Each person employed by	45680
any school district or service center to work in ~~an elementary~~a	45681
school as a nurse, teacher, counselor, school psychologist, or	45682
administrator shall complete at least four hours of the in-service	45683
training ~~in the prevention of child abuse, violence, and substance~~	45684
~~abuse and the promotion of positive youth development~~ within two	45685
years of commencing employment with the district or center, and	45686
every five years thereafter. A person who is employed by any	45687
school district or service center to work in an elementary school	45688
as a nurse, teacher, counselor, school psychologist, or	45689
administrator on ~~the effective date of this amendment~~March 30,	45690
2007, shall complete at least four hours of the in-service	45691
training ~~required by this section within two years of the~~	45692
~~effective date of this amendment~~not later than March 30, 2009,	45693
and every five years thereafter. A person who is employed by any	45694
school district or service center to work in a middle or high	45695
school as a nurse, teacher, counselor, school psychologist, or	45696
administrator on the effective date of this amendment shall	45697
complete at least four hours of the in-service training not later	45698
than two years after the effective date of this amendment and	45699
every five years thereafter.	45700

(B) Each board shall incorporate training in school safety	45701
and violence prevention into the in-service training required by	45702
division (A) of this section. For this purpose, the board shall	45703
adopt or adapt the curriculum developed by the department or shall	45704
develop its own curriculum in consultation with public or private	45705
agencies or persons involved in school safety and violence	45706
prevention programs.	45707

Sec. 3319.08. (A) The board of education of each city,	45708
exempted village, local, and joint vocational school district and	45709
the governing board of each educational service center shall enter	45710
into written contracts for the employment and reemployment of all	45711
teachers. Contracts for the employment of teachers shall be of two	45712
types, limited contracts and continuing contracts. The board of	45713
each ~~such~~ school district or service center that authorizes	45714
compensation in addition to the base salary stated in the	45715
teachers' salary schedule for the performance of duties by a	45716
teacher that are in addition to the teacher's regular teaching	45717
duties, shall enter into a supplemental written contract with each	45718
teacher who is to perform additional duties. Such supplemental	45719
written contracts shall be limited contracts. Such written	45720
contracts and supplemental written contracts shall set forth the	45721
teacher's duties and shall specify the salaries and compensation	45722
to be paid for regular teaching duties and additional teaching	45723
duties, respectively, either or both of which may be increased but	45724
not diminished during the term for which the contract is made,	45725
except as provided in section 3319.12 of the Revised Code.	45726

If a board adopts a motion or resolution to employ a teacher	45727
under a limited or continuing contract and the teacher accepts	45728
such employment, the failure of such parties to execute a written	45729
contract shall not void such employment contract.	45730

(B) Teachers must be paid for all time lost when the schools	45731
in which they are employed are closed due to an epidemic or other	45732
public calamity, and for time lost due to illness or otherwise for	45733
not less than five days annually as authorized by regulations	45734
which each board shall adopt.	45735

~~Contracts for the employment of teachers shall be of two~~	45736
~~types, limited contracts and continuing contracts.~~	45737

~~(A)~~(C) A limited contract is:

45738

(1) For a superintendent, a contract for such term as	45739
authorized by section 3319.01 of the Revised Code;	45740

(2) For an assistant superintendent, principal, assistant	45741
principal, or other administrator, a contract for such term as	45742
authorized by section 3319.02 of the Revised Code;	45743

(3) For all other teachers, a contract for a term not to	45744
exceed five years.	45745

~~(B)~~(D) A continuing contract is a contract that remains in	45746
effect until the teacher resigns, elects to retire, or is retired	45747
pursuant to former section 3307.37 of the Revised Code, or until	45748
it is terminated or suspended and shall be granted only to the	45749
following:	45750

(1) Any teacher holding a professional, permanent, or life	45751
teacher's certificate;	45752

(2) Any teacher ~~holding a professional educator license~~ who	45753
meets the following conditions:	45754

(a) The teacher was initially issued a teacher's certificate	45755
or educator license prior to January 1, 2011.	45756

(b) The teacher holds a professional educator license issued	45757
under section 3319.22 or 3319.222 or former section 3319.22 of the	45758
Revised Code or a senior professional educator license or lead	45759
professional educator license issued under section 3319.22 of the	45760
Revised Code.	45761

(c) The teacher has completed the applicable one of the	45762
following:	45763

~~(a)~~(i) If the teacher did not hold a ~~masters~~master's degree	45764
at the time of initially receiving a teacher's certificate under	45765
former law or an educator license, thirty semester hours of	45766
coursework in the area of licensure or in an area related to the	45767
teaching field since the initial issuance of such certificate or	45768
license, as specified in rules which the state board of education	45769
shall adopt;	45770

~~(b)~~(ii) If the teacher held a ~~masters~~master's degree at the	45771
time of initially receiving a teacher's certificate under former	45772
law or an educator license, six semester hours of graduate	45773
coursework in the area of licensure or in an area related to the	45774
teaching field since the initial issuance of such certificate or	45775
license, as specified in rules which the state board ~~of education~~	45776
shall adopt.	45777

~~This~~(3) Any teacher who meets the following conditions:

45778

(a) The teacher never held a teacher's certificate and was	45779
initially issued an educator license on or after January 1, 2011.	45780

(b) The teacher holds a professional educator license, senior	45781
professional educator license, or lead professional educator	45782
license issued under section 3319.22 of the Revised Code.	45783

(c) The teacher has held an educator license for at least	45784
five years.	45785

(d) The teacher has completed the applicable one of the	45786
following:	45787

(i) If the teacher did not hold a master's degree at the time	45788
of initially receiving an educator license, thirty semester hours	45789
of coursework in the area of licensure or in an area related to	45790
the teaching field since the initial issuance of that license, as	45791
specified in rules which the state board shall adopt;	45792

(ii) If the teacher held a master's degree at the time of	45793
initially receiving an educator license, six semester hours of	45794
graduate coursework in the area of licensure or in an area related	45795
to the teaching field since the initial issuance of that license,	45796
as specified in rules which the state board shall adopt.	45797

(E) Division (D) of this section applies only to continuing	45798
contracts entered into on or after ~~August 18, 1969~~the effective	45799
date of this amendment. Nothing in that division shall be	45800
construed to void or otherwise affect a continuing contract	45801
entered into prior to that date.	45802

Notwithstanding any provision to the contrary in Chapter	45803
4117. of the Revised Code, the requirements of division (D)(3) of	45804
this section prevail over any conflicting provisions of a	45805
collective bargaining agreement entered into on or after the	45806
effective date of this amendment.	45807

(F) Wherever the term "educator license" is used in this	45808
section without reference to a specific type of educator license,	45809
the term does not include an educator license for substitute	45810
teaching issued under section 3319.226 of the Revised Code.	45811

Sec. 3319.081. Except as otherwise provided in division (G)	45812
of this section, in all school districts wherein the provisions of	45813
Chapter 124. of the Revised Code do not apply, the following	45814
employment contract system shall control for employees whose	45815
contracts of employment are not otherwise provided by law:	45816

(A) Newly hired regular nonteaching school employees,	45817
including regular hourly rate and per diem employees, shall enter	45818
into written contracts for their employment which shall be for a	45819
period of not more than one year. If such employees are rehired,	45820
their subsequent contract shall be for a period of two years.	45821

(B) After the termination of the two-year contract provided	45822
in division (A) of this section, if the contract of a nonteaching	45823
employee is renewed, the employee shall be continued in	45824
employment, and the salary provided in the contract may be	45825
increased but not reduced unless such reduction is a part of a	45826
uniform plan affecting the nonteaching employees of the entire	45827
district.	45828

(C) The contracts as provided for in this section may be	45829
terminated by a majority vote of the board of education. Except as	45830
provided in ~~sections 3319.0810 and~~section 3319.172 of the Revised	45831
Code, the contracts may be terminated only for violation of	45832
written rules and regulations as set forth by the board of	45833
education or for incompetency, inefficiency, dishonesty,	45834
drunkenness, immoral conduct, insubordination, discourteous	45835
treatment of the public, neglect of duty, or any other acts of	45836
misfeasance, malfeasance, or nonfeasance. In addition to the right	45837
of the board of education to terminate the contract of an	45838
employee, the board may suspend an employee for a definite period	45839
of time or demote the employee for the reasons set forth in this	45840
division. The action of the board of education terminating the	45841
contract of an employee or suspending or demoting the employee	45842
shall be served upon the employee by certified mail. Within ten	45843
days following the receipt of such notice by the employee, the	45844
employee may file an appeal, in writing, with the court of common	45845
pleas of the county in which such school board is situated. After	45846
hearing the appeal the common pleas court may affirm, disaffirm,	45847
or modify the action of the school board.	45848

A violation of division (A)(7) of section 2907.03 of the	45849
Revised Code is grounds for termination of employment of a	45850
nonteaching employee under this division.	45851

(D) All employees who have been employed by a school district	45852
where the provisions of Chapter 124. of the Revised Code do not	45853
apply, for a period of at least three years on November 24, 1967,	45854
shall hold continuing contracts of employment pursuant to this	45855
section.	45856

(E) Any nonteaching school employee may terminate the	45857
nonteaching school employee's contract of employment thirty days	45858
subsequent to the filing of a written notice of such termination	45859
with the treasurer of the board.	45860

(F) A person hired exclusively for the purpose of replacing a	45861
nonteaching school employee while such employee is on leave of	45862
absence granted under section 3319.13 of the Revised Code is not a	45863
regular nonteaching school employee under this section.	45864

(G) All nonteaching employees employed pursuant to this	45865
section and Chapter 124. of the Revised Code shall be paid for all	45866
time lost when the schools in which they are employed are closed	45867
owing to an epidemic or other public calamity. Nothing in this	45868
division shall be construed as requiring payment in excess of an	45869
employee's regular wage rate or salary for any time worked while	45870
the school in which the employee is employed is officially closed	45871
for the reasons set forth in this division.	45872

Sec. 3319.088. As used in this section, "educational	45873
assistant" means any nonteaching employee in a school district who	45874
directly assists a teacher as defined in section 3319.09 of the	45875
Revised Code, by performing duties for which a license issued	45876
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	45877
required.	45878

(A) The state board of education shall issue educational aide	45879
permits and educational paraprofessional licenses for educational	45880
assistants and shall adopt rules for the issuance and renewal of	45881
such permits and licenses which shall be consistent with the	45882
provisions of this section. Educational aide permits and	45883
educational paraprofessional licenses may be of several types and	45884
the rules shall prescribe the minimum qualifications of education,	45885
health, and character for the service to be authorized under each	45886
type. The prescribed minimum qualifications may require special	45887
training or educational courses designed to qualify a person to	45888
perform effectively the duties authorized under an educational	45889
aide permit or educational paraprofessional license.	45890

(B)(1) Any application for a permit or license, or a renewal	45891
or duplicate of a permit or license, under this section shall be	45892
accompanied by the payment of a fee in the amount established	45893
under division (A) of section 3319.51 of the Revised Code. Any	45894
fees received under this division shall be paid into the state	45895
treasury to the credit of the state board of education licensure	45896
fund established under division (B) of section 3319.51 of the	45897
Revised Code.	45898

(2) Any person applying for or holding a permit or license	45899
pursuant to this section is subject to sections 3123.41 to 3123.50	45900
of the Revised Code and any applicable rules adopted under section	45901
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	45902
the Revised Code.	45903

(C) Educational assistants shall at all times while in the	45904
performance of their duties be under the supervision and direction	45905
of a teacher as defined in section 3319.09 of the Revised Code.	45906
Educational assistants may assist a teacher to whom assigned in	45907
the supervision of pupils, in assisting with instructional tasks,	45908
and in the performance of duties which, in the judgment of the	45909
teacher to whom the assistant is assigned, may be performed by a	45910
person not licensed pursuant to sections 3319.22 to 3319.30 of the	45911
Revised Code and for which a teaching license, issued pursuant to	45912
sections 3319.22 to 3319.30 of the Revised Code is not required.	45913
The duties of an educational assistant shall not include the	45914
assignment of grades to pupils. The duties of an educational	45915
~~assistants~~assistant need not be performed in the physical	45916
presence of the teacher to whom assigned, but the activity of an	45917
educational assistant shall at all times be under the direction of	45918
the teacher to whom assigned. The assignment of an educational	45919
assistant need not be limited to assisting a single teacher. In	45920
the event an educational assistant is assigned to assist more than	45921
one teacher the assignments shall be clearly delineated and so	45922
arranged that the educational assistant shall never be subject to	45923
simultaneous supervision or direction by more than one teacher.	45924

Educational assistants assigned to supervise children shall,	45925
when the teacher to whom assigned is not physically present,	45926
maintain the degree of control and discipline ~~which~~that would be	45927
maintained by the teacher~~, but an educational assistant may not~~	45928
~~render corporal punishment~~.	45929

~~Except when expressly permitted solely for the purposes of~~	45930
~~section 3317.029 of the Revised Code, educational~~Educational	45931
assistants may not be used in place of classroom teachers or other	45932
employees and any payment of compensation by boards of education	45933
to educational assistants for such services is prohibited. The	45934
ratio between the number of licensed teachers and the pupils in a	45935
school district may not be decreased by utilization of educational	45936
assistants and no grouping, or other organization of pupils, for	45937
utilization of educational assistants shall be established which	45938
is inconsistent with sound educational practices and procedures. A	45939
school district may employ up to one full time equivalent	45940
educational assistant for each six full time equivalent licensed	45941
employees of the district. Educational assistants shall not be	45942
counted as licensed employees for purposes of state support in	45943
the school foundation program and no grouping or regrouping of	45944
pupils with educational assistants may be counted as a class or	45945
unit for school foundation program purposes. Neither special	45946
courses required by the regulations of the state board of	45947
education, prescribing minimum qualifications of education for an	45948
educational assistant, nor years of service as an educational	45949
assistant shall be counted in any way toward qualifying for a	45950
teacher license, for a teacher contract of any type, or for	45951
determining placement on a salary schedule in a school district	45952
as a teacher.	45953

(D) Educational assistants employed by a board of education	45954
shall have all rights, benefits, and legal protection available to	45955
other nonteaching employees in the school district, except that	45956
provisions of Chapter 124. of the Revised Code shall not apply to	45957
any person employed as an educational assistant, and shall be	45958
members of the school employees retirement system. Educational	45959
assistants shall be compensated according to a salary plan adopted	45960
annually by the board.	45961

Except as provided in this section nonteaching employees	45962
shall not serve as educational assistants without first obtaining	45963
an appropriate educational aide permit or educational	45964
paraprofessional license from the state board of education. A	45965
nonteaching employee who is the holder of a valid educational aide	45966
permit or educational paraprofessional license shall neither	45967
render nor be required to render services inconsistent with the	45968
type of services authorized by the permit or license held. No	45969
person shall receive compensation from a board of education for	45970
services rendered as an educational assistant in violation of this	45971
provision.	45972

Nonteaching employees whose functions are solely	45973
secretarial-clerical and who do not perform any other duties as	45974
educational assistants, even though they assist a teacher and work	45975
under the direction of a teacher shall not be required to hold a	45976
permit or license issued pursuant to this section. Students	45977
preparing to become licensed teachers or educational assistants	45978
shall not be required to hold an educational aide permit or	45979
paraprofessional license for such periods of time as such students	45980
are assigned, as part of their training program, to work with a	45981
teacher in a school district. Such students shall not be	45982
compensated for such services.	45983

Following the determination of the assignment and general job	45984
description of an educational assistant and subject to supervision	45985
by the teacher's immediate administrative officer, a teacher to	45986
whom an educational assistant is assigned shall make all final	45987
determinations of the duties to be assigned to such assistant.	45988
Teachers shall not be required to hold a license designated for	45989
being a supervisor or administrator in order to perform the	45990
necessary supervision of educational assistants.	45991

(E) No person who is, or who has been employed as an	45992
educational assistant shall divulge, except to the teacher to whom	45993
assigned, or the administrator of the school in the absence of the	45994
teacher to whom assigned, or when required to testify in a court	45995
or proceedings, any personal information concerning any pupil in	45996
the school district which was obtained or obtainable by the	45997
educational assistant while so employed. Violation of this	45998
provision is grounds for disciplinary action or dismissal, or	45999
both.	46000

Sec. 3319.11. (A) As used in this section:

46001

(1) "Evaluation procedures" means the procedures adopted	46002
pursuant to division (B) of section 3319.111 of the Revised Code.	46003

(2) "Limited contract" means a limited contract, as described	46004
in section 3319.08 of the Revised Code, that a school district	46005
board of education or governing board of an educational service	46006
center enters into with a teacher who is not eligible for	46007
continuing service status.	46008

(3) "Extended limited contract" means a limited contract, as	46009
described in section 3319.08 of the Revised Code, that a board of	46010
education or governing board enters into with a teacher who is	46011
eligible for continuing service status.	46012

(B) Teachers eligible for continuing service status in any	46013
city, exempted village, local, or joint vocational school district	46014
or educational service center shall be those teachers qualified as	46015
described in division ~~(B)(1) or (2)~~(D) of section 3319.08 of the	46016
Revised Code, who within the last five years have taught for at	46017
least three years in the district or center, and those teachers	46018
who, having attained continuing contract status elsewhere, have	46019
served two years in the district or center, but the board, upon	46020
the recommendation of the superintendent, may at the time of	46021
employment or at any time within such two-year period, declare any	46022
of the latter teachers eligible.	46023

(1) Upon the recommendation of the superintendent that a	46024
teacher eligible for continuing service status be reemployed, a	46025
continuing contract shall be entered into between the board and	46026
the teacher unless the board by a three-fourths vote of its full	46027
membership rejects the recommendation of the superintendent. If	46028
the board rejects by a three-fourths vote of its full membership	46029
the recommendation of the superintendent that a teacher eligible	46030
for continuing service status be reemployed and the superintendent	46031
makes no recommendation to the board pursuant to division (C) of	46032
this section, the board may declare its intention not to reemploy	46033
the teacher by giving the teacher written notice on or before the	46034
thirtieth day of April of its intention not to reemploy the	46035
teacher. If evaluation procedures have not been complied with	46036
pursuant to division (A) of section 3319.111 of the Revised Code	46037
or the board does not give the teacher written notice on or before	46038
the thirtieth day of April of its intention not to reemploy the	46039
teacher, the teacher is deemed reemployed under an extended	46040
limited contract for a term not to exceed one year at the same	46041
salary plus any increment provided by the salary schedule. The	46042
teacher is presumed to have accepted employment under the extended	46043
limited contract for a term not to exceed one year unless such	46044
teacher notifies the board in writing to the contrary on or before	46045
the first day of June, and an extended limited contract for a term	46046
not to exceed one year shall be executed accordingly. Upon any	46047
subsequent reemployment of the teacher only a continuing contract	46048
may be entered into.	46049

(2) If the superintendent recommends that a teacher eligible	46050
for continuing service status not be reemployed, the board may	46051
declare its intention not to reemploy the teacher by giving the	46052
teacher written notice on or before the thirtieth day of April of	46053
its intention not to reemploy the teacher. If evaluation	46054
procedures have not been complied with pursuant to division (A) of	46055
section 3319.111 of the Revised Code or the board does not give	46056
the teacher written notice on or before the thirtieth day of April	46057
of its intention not to reemploy the teacher, the teacher is	46058
deemed reemployed under an extended limited contract for a term	46059
not to exceed one year at the same salary plus any increment	46060
provided by the salary schedule. The teacher is presumed to have	46061
accepted employment under the extended limited contract for a term	46062
not to exceed one year unless such teacher notifies the board in	46063
writing to the contrary on or before the first day of June, and an	46064
extended limited contract for a term not to exceed one year shall	46065
be executed accordingly. Upon any subsequent reemployment of a	46066
teacher only a continuing contract may be entered into.	46067

(3) Any teacher receiving written notice of the intention of	46068
a board not to reemploy such teacher pursuant to this division is	46069
entitled to the hearing provisions of division (G) of this	46070
section.	46071

(C)(1) If a board rejects the recommendation of the	46072
superintendent for reemployment of a teacher pursuant to division	46073
(B)(1) of this section, the superintendent may recommend	46074
reemployment of the teacher, if continuing service status has not	46075
previously been attained elsewhere, under an extended limited	46076
contract for a term not to exceed two years, provided that written	46077
notice of the superintendent's intention to make such	46078
recommendation has been given to the teacher with reasons directed	46079
at the professional improvement of the teacher on or before the	46080
thirtieth day of April. Upon subsequent reemployment of the	46081
teacher only a continuing contract may be entered into.	46082

(2) If a board of education takes affirmative action on a	46083
superintendent's recommendation, made pursuant to division (C)(1)	46084
of this section, of an extended limited contract for a term not to	46085
exceed two years but the board does not give the teacher written	46086
notice of its affirmative action on the superintendent's	46087
recommendation of an extended limited contract on or before the	46088
thirtieth day of April, the teacher is deemed reemployed under a	46089
continuing contract at the same salary plus any increment provided	46090
by the salary schedule. The teacher is presumed to have accepted	46091
employment under such continuing contract unless such teacher	46092
notifies the board in writing to the contrary on or before the	46093
first day of June, and a continuing contract shall be executed	46094
accordingly.	46095

(3) A board shall not reject a superintendent's	46096
recommendation, made pursuant to division (C)(1) of this section,	46097
of an extended limited contract for a term not to exceed two years	46098
except by a three-fourths vote of its full membership. If a board	46099
rejects by a three-fourths vote of its full membership the	46100
recommendation of the superintendent of an extended limited	46101
contract for a term not to exceed two years, the board may declare	46102
its intention not to reemploy the teacher by giving the teacher	46103
written notice on or before the thirtieth day of April of its	46104
intention not to reemploy the teacher. If evaluation procedures	46105
have not been complied with pursuant to division (A) of section	46106
3319.111 of the Revised Code or if the board does not give the	46107
teacher written notice on or before the thirtieth day of April of	46108
its intention not to reemploy the teacher, the teacher is deemed	46109
reemployed under an extended limited contract for a term not to	46110
exceed one year at the same salary plus any increment provided by	46111
the salary schedule. The teacher is presumed to have accepted	46112
employment under the extended limited contract for a term not to	46113
exceed one year unless such teacher notifies the board in writing	46114
to the contrary on or before the first day of June, and an	46115
extended limited contract for a term not to exceed one year shall	46116
be executed accordingly. Upon any subsequent reemployment of the	46117
teacher only a continuing contract may be entered into.	46118

Any teacher receiving written notice of the intention of a	46119
board not to reemploy such teacher pursuant to this division is	46120
entitled to the hearing provisions of division (G) of this	46121
section.	46122

(D) A teacher eligible for continuing contract status	46123
employed under an extended limited contract pursuant to division	46124
(B) or (C) of this section, is, at the expiration of such extended	46125
limited contract, deemed reemployed under a continuing contract at	46126
the same salary plus any increment granted by the salary schedule,	46127
unless evaluation procedures have been complied with pursuant to	46128
division (A) of section 3319.111 of the Revised Code and the	46129
employing board, acting on the superintendent's recommendation	46130
that the teacher not be reemployed, gives the teacher written	46131
notice on or before the thirtieth day of April of its intention	46132
not to reemploy such teacher. A teacher who does not have	46133
evaluation procedures applied in compliance with division (A) of	46134
section 3319.111 of the Revised Code or who does not receive	46135
notice on or before the thirtieth day of April of the intention of	46136
the board not to reemploy such teacher is presumed to have	46137
accepted employment under a continuing contract unless such	46138
teacher notifies the board in writing to the contrary on or before	46139
the first day of June, and a continuing contract shall be executed	46140
accordingly.	46141

Any teacher receiving a written notice of the intention of a	46142
board not to reemploy such teacher pursuant to this division is	46143
entitled to the hearing provisions of division (G) of this	46144
section.	46145

(E) A limited contract may be entered into by each board with	46146
each teacher who has not been in the employ of the board for at	46147
least three years and shall be entered into, regardless of length	46148
of previous employment, with each teacher employed by the board	46149
who ~~holds a provisional, temporary, or associate license, or who~~	46150
~~holds a professional license and~~ is not eligible to be considered	46151
for a continuing contract.	46152

Any teacher employed under a limited contract, and not	46153
eligible to be considered for a continuing contract, is, at the	46154
expiration of such limited contract, considered reemployed under	46155
the provisions of this division at the same salary plus any	46156
increment provided by the salary schedule unless evaluation	46157
procedures have been complied with pursuant to division (A) of	46158
section 3319.111 of the Revised Code and the employing board,	46159
acting upon the superintendent's written recommendation that the	46160
teacher not be reemployed, gives such teacher written notice of	46161
its intention not to reemploy such teacher on or before the	46162
thirtieth day of April. A teacher who does not have evaluation	46163
procedures applied in compliance with division (A) of section	46164
3319.111 of the Revised Code or who does not receive notice of the	46165
intention of the board not to reemploy such teacher on or before	46166
the thirtieth day of April is presumed to have accepted such	46167
employment unless such teacher notifies the board in writing to	46168
the contrary on or before the first day of June, and a written	46169
contract for the succeeding school year shall be executed	46170
accordingly.	46171

Any teacher receiving a written notice of the intention of a	46172
board not to reemploy such teacher pursuant to this division is	46173
entitled to the hearing provisions of division (G) of this	46174
section.	46175

(F) The failure of a superintendent to make a recommendation	46176
to the board under any of the conditions set forth in divisions	46177
(B) to (E) of this section, or the failure of the board to give	46178
such teacher a written notice pursuant to divisions (C) to (E) of	46179
this section shall not prejudice or prevent a teacher from being	46180
deemed reemployed under either a limited or continuing contract as	46181
the case may be under the provisions of this section. A failure of	46182
the parties to execute a written contract shall not void any	46183
automatic reemployment provisions of this section.	46184

(G)(1) Any teacher receiving written notice of the intention	46185
of a board of education not to reemploy such teacher pursuant to	46186
division (B), (C)(3), (D), or (E) of this section may, within ten	46187
days of the date of receipt of the notice, file with the treasurer	46188
of the board a written demand for a written statement describing	46189
the circumstances that led to the board's intention not to	46190
reemploy the teacher.	46191

(2) The treasurer of a board, on behalf of the board, shall,	46192
within ten days of the date of receipt of a written demand for a	46193
written statement pursuant to division (G)(1) of this section,	46194
provide to the teacher a written statement describing the	46195
circumstances that led to the board's intention not to reemploy	46196
the teacher.	46197

(3) Any teacher receiving a written statement describing the	46198
circumstances that led to the board's intention not to reemploy	46199
the teacher pursuant to division (G)(2) of this section may,	46200
within five days of the date of receipt of the statement, file	46201
with the treasurer of the board a written demand for a hearing	46202
before the board pursuant to divisions (G)(4) to (6) of this	46203
section.	46204

(4) The treasurer of a board, on behalf of the board, shall,	46205
within ten days of the date of receipt of a written demand for a	46206
hearing pursuant to division (G)(3) of this section, provide to	46207
the teacher a written notice setting forth the time, date, and	46208
place of the hearing. The board shall schedule and conclude the	46209
hearing within forty days of the date on which the treasurer of	46210
the board receives a written demand for a hearing pursuant to	46211
division (G)(3) of this section.	46212

(5) Any hearing conducted pursuant to this division shall be	46213
conducted by a majority of the members of the board. The hearing	46214
shall be held in executive session of the board unless the board	46215
and the teacher agree to hold the hearing in public. The	46216
superintendent, assistant superintendent, the teacher, and any	46217
person designated by either party to take a record of the hearing	46218
may be present at the hearing. The board may be represented by	46219
counsel and the teacher may be represented by counsel or a	46220
designee. A record of the hearing may be taken by either party at	46221
the expense of the party taking the record.	46222

(6) Within ten days of the conclusion of a hearing conducted	46223
pursuant to this division, the board shall issue to the teacher a	46224
written decision containing an order affirming the intention of	46225
the board not to reemploy the teacher reported in the notice given	46226
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	46227
this section or an order vacating the intention not to reemploy	46228
and expunging any record of the intention, notice of the	46229
intention, and the hearing conducted pursuant to this division.	46230

(7) A teacher may appeal an order affirming the intention of	46231
the board not to reemploy the teacher to the court of common pleas	46232
of the county in which the largest portion of the territory of the	46233
school district or service center is located, within thirty days	46234
of the date on which the teacher receives the written decision, on	46235
the grounds that the board has not complied with this section	46236
~~3319.11~~ or section 3319.111 of the Revised Code.	46237

Notwithstanding section 2506.04 of the Revised Code, the	46238
court in an appeal under this division is limited to the	46239
determination of procedural errors and to ordering the correction	46240
of procedural errors and shall have no jurisdiction to order a	46241
board to reemploy a teacher, except that the court may order a	46242
board to reemploy a teacher in compliance with the requirements of	46243
division (B), (C)(3), (D), or (E) of this section when the court	46244
determines that evaluation procedures have not been complied with	46245
pursuant to division (A) of section 3319.111 of the Revised Code	46246
or the board has not given the teacher written notice on or before	46247
the thirtieth day of April of its intention not to reemploy the	46248
teacher pursuant to division (B), (C)(3), (D), or (E) of this	46249
section. Otherwise, the determination whether to reemploy or not	46250
reemploy a teacher is solely a board's determination and not a	46251
proper subject of judicial review and, except as provided in this	46252
division, no decision of a board whether to reemploy or not	46253
reemploy a teacher shall be invalidated by the court on any basis,	46254
including that the decision was not warranted by the results of	46255
any evaluation or was not warranted by any statement given	46256
pursuant to division (G)(2) of this section.	46257

No appeal of an order of a board may be made except as	46258
specified in this division.	46259

(H)(1) In giving a teacher any notice required by division	46260
(B), (C), (D), or (E) of this section, the board or the	46261
superintendent shall do either of the following:	46262

(a) Deliver the notice by personal service upon the teacher;

46263

(b) Deliver the notice by certified mail, return receipt	46264
requested, addressed to the teacher at the teacher's place of	46265
employment and deliver a copy of the notice by certified mail,	46266
return receipt requested, addressed to the teacher at the	46267
teacher's place of residence.	46268

(2) In giving a board any notice required by division (B),	46269
(C), (D), or (E) of this section, the teacher shall do either of	46270
the following:	46271

(a) Deliver the notice by personal delivery to the office of	46272
the superintendent during regular business hours;	46273

(b) Deliver the notice by certified mail, return receipt	46274
requested, addressed to the office of the superintendent and	46275
deliver a copy of the notice by certified mail, return receipt	46276
requested, addressed to the president of the board at the	46277
president's place of residence.	46278

(3) When any notice and copy of the notice are mailed	46279
pursuant to division (H)(1)(b) or (2)(b) of this section, the	46280
notice or copy of the notice with the earlier date of receipt	46281
shall constitute the notice for the purposes of division (B), (C),	46282
(D), or (E) of this section.	46283

(I) The provisions of this section shall not apply to any	46284
supplemental written contracts entered into pursuant to section	46285
3319.08 of the Revised Code.	46286

Sec. 3319.151. (A) No person shall reveal to any student any	46287
specific question that the person knows is part of ~~a test~~an	46288
assessment to be administered under section 3301.0711 of the	46289
Revised Code or in any other way assist a pupil to cheat on such a	46290
~~test~~an assessment.	46291

(B) On a finding by the state board of education, after	46292
investigation, that a school employee who holds a license issued	46293
under sections 3319.22 to 3319.31 of the Revised Code has violated	46294
division (A) of this section, the license of such teacher shall be	46295
suspended for one year. Prior to commencing an investigation, the	46296
board shall give the teacher notice of the allegation and an	46297
opportunity to respond and present a defense.	46298

(C)(1) Violation of division (A) of this section is grounds	46299
for termination of employment of a nonteaching employee under	46300
division (C) of section 3319.081 or section 124.34 of the Revised	46301
Code.	46302

(2) Violation of division (A) of this section is grounds for	46303
termination of a teacher contract under section 3319.16 of the	46304
Revised Code.	46305

Sec. 3319.16. The contract of any teacher employed by the	46306
board of education of any city, exempted village, local, county,	46307
or joint vocational school district may not be terminated except	46308
~~for gross inefficiency or immorality; for willful and persistent~~	46309
~~violations of reasonable regulations of the board of education; or~~	46310
for ~~other~~ good and just cause. ~~Before~~Notwithstanding any	46311
provision to the contrary in Chapter 4117. of the Revised Code,	46312
the provisions of this section relating to the grounds for	46313
termination of the contract of a teacher prevail over any	46314
conflicting provisions of a collective bargaining agreement	46315
entered into after the effective date of this amendment.	46316

Before terminating any contract, the employing board shall	46317
furnish the teacher a written notice signed by its treasurer of	46318
its intention to consider the termination of ~~his~~the teacher's	46319
contract with full specification of the grounds for such	46320
consideration. The board shall not proceed with formal action to	46321
terminate the contract until after the tenth day after receipt of	46322
the notice by the teacher. Within ten days after receipt of the	46323
notice from the treasurer of the board, the teacher may file with	46324
the treasurer a written demand for a hearing before the board or	46325
before a referee, and the board shall set a time for the hearing	46326
which shall be within thirty days from the date of receipt of the	46327
written demand, and the treasurer shall give the teacher at least	46328
twenty days' notice in writing of the time and place of the	46329
hearing. If a referee is demanded by either the teacher or board,	46330
the treasurer also shall give twenty days' notice to the	46331
superintendent of public instruction. No hearing shall be held	46332
during the summer vacation without the teacher's consent. The	46333
hearing shall be private unless the teacher requests a public	46334
hearing. The hearing shall be conducted by a referee appointed	46335
pursuant to section 3319.161 of the Revised Code, if demanded;	46336
otherwise, it shall be conducted by a majority of the members of	46337
the board and shall be confined to the grounds given for the	46338
termination. The board shall provide for a complete stenographic	46339
record of the proceedings, a copy of the record to be furnished to	46340
the teacher. The board may suspend a teacher pending final action	46341
to terminate ~~his~~the teacher's contract if, in its judgment, the	46342
character of the charges warrants such action.	46343

Both parties may be present at such hearing, be represented	46344
by counsel, require witnesses to be under oath, cross-examine	46345
witnesses, take a record of the proceedings, and require the	46346
presence of witnesses in their behalf upon subpoena to be issued	46347
by the treasurer of the board. In case of the failure of any	46348
person to comply with a subpoena, a judge of the court of common	46349
pleas of the county in which the person resides, upon application	46350
of any interested party, shall compel attendance of the person by	46351
attachment proceedings as for contempt. Any member of the board or	46352
the referee may administer oaths to witnesses. After a hearing by	46353
a referee, the referee shall file ~~his~~a report within ten days	46354
after the termination of the hearing. After consideration of the	46355
referee's report, the board, by a majority vote, may accept or	46356
reject the referee's recommendation on the termination of the	46357
teacher's contract. After a hearing by the board, the board, by	46358
majority vote, may enter its determination upon its minutes. Any	46359
order of termination of a contract shall state the grounds for	46360
termination. If the decision, after hearing, is against	46361
termination of the contract, the charges and the record of the	46362
hearing shall be physically expunged from the minutes, and, if the	46363
teacher has suffered any loss of salary by reason of being	46364
suspended, hethe teacher shall be paid ~~his~~the teacher's full	46365
salary for the period of such suspension.	46366

Any teacher affected by an order of termination of contract	46367
may appeal to the court of common pleas of the county in which the	46368
school is located within thirty days after receipt of notice of	46369
the entry of such order. The appeal shall be an original action in	46370
the court and shall be commenced by the filing of a complaint	46371
against the board, in which complaint the facts shall be alleged	46372
upon which the teacher relies for a reversal or modification of	46373
such order of termination of contract. Upon service or waiver of	46374
summons in that appeal, the board immediately shall transmit to	46375
the clerk of the court for filing a transcript of the original	46376
papers filed with the board, a certified copy of the minutes of	46377
the board into which the termination finding was entered, and a	46378
certified transcript of all evidence adduced at the hearing or	46379
hearings before the board or a certified transcript of all	46380
evidence adduced at the hearing or hearings before the referee,	46381
whereupon the cause shall be at issue without further pleading and	46382
shall be advanced and heard without delay. The court shall examine	46383
the transcript and record of the hearing and shall hold such	46384
additional hearings as it considers advisable, at which it may	46385
consider other evidence in addition to the transcript and record.	46386

Upon final hearing, the court shall grant or deny the relief	46387
prayed for in the complaint as may be proper in accordance with	46388
the evidence adduced in the hearing. Such an action is a special	46389
proceeding, and either the teacher or the board may appeal from	46390
the decision of the court of common pleas pursuant to the Rules of	46391
Appellate Procedure and, to the extent not in conflict with those	46392
rules, Chapter 2505. of the Revised Code.	46393

In any court action, the board may utilize the services of	46394
the prosecuting attorney, village solicitor, city director of law,	46395
or other chief legal officer of a municipal corporation as	46396
authorized by section 3313.35 of the Revised Code, or may employ	46397
other legal counsel.	46398

A violation of division (A)(7) of section 2907.03 of the	46399
Revised Code is grounds for termination of a teacher contract	46400
under this section.	46401

Sec. 3319.17. (A) As used in this section, "interdistrict	46402
contract" means any contract or agreement entered into by an	46403
educational service center governing board and another board or	46404
other public entity pursuant to section 3313.17, 3313.841,	46405
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	46406
Revised Code, including any such contract or agreement for the	46407
provision of services funded under division (I) of section	46408
3317.024 of the Revised Code or provided in any unit approved	46409
under section 3317.05 of the Revised Code.	46410

(B) When, for any of the following reasons that apply to any	46411
city, exempted village, local, or joint vocational school district	46412
or any educational service center, the board decides that it will	46413
be necessary to reduce the number of teachers it employs, it may	46414
make a reasonable reduction:	46415

(1) In the case of any district or service center, return to	46416
duty of regular teachers after leaves of absence including leaves	46417
provided pursuant to division (B) of section 3314.10 of the	46418
Revised Code, suspension of schools, or territorial changes	46419
affecting the district or center~~, or financial reasons~~;	46420

(2) In the case of any city, exempted village, local, or	46421
joint vocational school district, decreased enrollment of pupils	46422
in the district;	46423

(3) In the case of any governing board of a service center	46424
providing any particular service directly to pupils pursuant to	46425
one or more interdistrict contracts requiring such service,	46426
reduction in the total number of pupils the governing board is	46427
required to provide with the service under all interdistrict	46428
contracts as a result of the termination or nonrenewal of one or	46429
more of these interdistrict contracts;	46430

(4) In the case of any governing board providing any	46431
particular service that it does not provide directly to pupils	46432
pursuant to one or more interdistrict contracts requiring such	46433
service, reduction in the total level of the service the governing	46434
board is required to provide under all interdistrict contracts as	46435
a result of the termination or nonrenewal of one or more of these	46436
interdistrict contracts.	46437

(C) In making any such reduction, any city, exempted village,	46438
local, or joint vocational school board shall proceed to suspend	46439
contracts in accordance with the recommendation of the	46440
superintendent of schools who shall, within each teaching field	46441
affected, give preference first to teachers on continuing	46442
contracts and then to teachers who have greater seniority. In	46443
making any such reduction, any governing board of a service center	46444
shall proceed to suspend contracts in accordance with the	46445
recommendation of the superintendent who shall, within each	46446
teaching field or service area affected, give preference first to	46447
teachers on continuing contracts and then to teachers who have	46448
greater seniority.	46449

On a case-by-case basis, in lieu of suspending a contract in	46450
whole, a board may suspend a contract in part, so that an	46451
individual is required to work a percentage of the time the	46452
employee otherwise is required to work under the contract and	46453
receives a commensurate percentage of the full compensation the	46454
employee otherwise would receive under the contract.	46455

The teachers whose continuing contracts are suspended by any	46456
board pursuant to this section shall have the right of restoration	46457
to continuing service status by that board in the order of	46458
seniority of service in the district or service center if and when	46459
teaching positions become vacant or are created for which any of	46460
such teachers are or become qualified. No teacher whose continuing	46461
contract has been suspended pursuant to this section shall lose	46462
that right of restoration to continuing service status by reason	46463
of having declined recall to a position that is less than	46464
full-time or, if the teacher was not employed full-time just prior	46465
to suspension of the teacher's continuing contract, to a position	46466
requiring a lesser percentage of full-time employment than the	46467
position the teacher last held while employed in the district or	46468
service center.	46469

~~(D) Notwithstanding any provision to the contrary in Chapter~~	46470
~~4117. of the Revised Code, the requirements of this section~~	46471
~~prevail over any conflicting provisions of agreements between~~	46472
~~employee organizations and public employers entered into after~~	46473
~~September 29, 2005.~~	46474

Sec. 3319.172. The board of education of each school	46475
district wherein the provisions of Chapter 124. of the Revised	46476
Code do not apply and the governing board of each educational	46477
service center may adopt a resolution ordering reasonable	46478
reductions in the number of nonteaching employees for any of the	46479
reasons for which the board of education or governing board may	46480
make reductions in teaching employees, as set forth in division	46481
(B) of section 3319.17 of the Revised Code.	46482

In making any reduction under this section, the board of	46483
education or governing board shall proceed to suspend contracts in	46484
accordance with the recommendation of the superintendent of the	46485
district or service center who shall, within each pay	46486
classification affected, give preference first to employees under	46487
continuing contracts and then to employees on the basis of	46488
seniority. On a case-by-case basis, in lieu of suspending a	46489
contract in whole, a board may suspend a contract in part, so that	46490
an individual is required to work a percentage of the time the	46491
employee otherwise is required to work under the contract and	46492
receives a commensurate percentage of the full compensation the	46493
employee otherwise would receive under the contract.	46494

Any nonteaching employee whose continuing contract is	46495
suspended under this section shall have the right of restoration	46496
to continuing service status by the board of education or	46497
governing board that suspended that contract in order of seniority	46498
of service in the district or service center, if and when a	46499
nonteaching position for which the employee is qualified becomes	46500
vacant or is created. No nonteaching employee whose continuing	46501
contract has been suspended under this section shall lose that	46502
right of restoration to continuing service status by reason of	46503
having declined recall to a position requiring fewer regularly	46504
scheduled hours of work than required by the position the employee	46505
last held while employed in the district or service center.	46506

~~Notwithstanding any provision to the contrary in Chapter~~	46507
~~4117. of the Revised Code, the requirements of this section~~	46508
~~prevail over any conflicting provisions of agreements between~~	46509
~~employee organizations and public employers entered into after the~~	46510
~~effective date of this section.~~	46511

Sec. 3319.22. (A)(1) The state board of education shall	46512
~~adopt rules establishing the standards and requirements for~~	46513
~~obtaining temporary, associate, provisional, and professional~~	46514
issue the following educator licenses:	46515

(a) A resident educator license, which shall be valid for	46516
four years and shall not be renewable;	46517

(b) A professional educator license, which shall be valid for	46518
five years and shall be renewable;	46519

(c) A senior professional educator license, which shall be	46520
valid for five years and shall be renewable;	46521

(d) A lead professional educator license, which shall be	46522
valid for five years and shall be renewable.	46523

(2) The state board may issue any additional educator	46524
licenses of ~~any~~ categories, types, and levels the board elects to	46525
provide. ~~However, no educator license shall be required for~~	46526
~~teaching children two years old or younger.~~	46527

~~(2)~~(3) The state board shall adopt rules establishing the	46528
standards and requirements for obtaining each educator license	46529
issued under this section.	46530

(B) The rules adopted under this section shall require at	46531
least the following standards and qualifications for the educator	46532
licenses described in division (A)(1) of this section:	46533

(1) An applicant for a resident educator license shall hold	46534
at least a bachelor's degree from an accredited teacher	46535
preparation program.	46536

(2) An applicant for a professional educator license shall:

46537

(a) Hold at least a bachelor's degree from an accredited	46538
institution of higher education;	46539

(b) Have successfully completed the Ohio teacher residency	46540
program established under section 3319.223 of the Revised Code, if	46541
the applicant's current or most recently issued license is a	46542
resident educator license issued under this section or an	46543
alternative resident educator license issued under section 3319.26	46544
of the Revised Code.	46545

(3) An applicant for a senior professional educator license	46546
shall:	46547

(a) Hold at least a master's degree from an accredited	46548
institution of higher education;	46549

(b) Have previously held a professional educator license	46550
issued under this section or section 3319.222 or under former	46551
section 3319.22 of the Revised Code;	46552

(c) Meet the criteria for the accomplished or distinguished	46553
level of performance, as described in the standards for teachers	46554
adopted by the state board under section 3319.61 of the Revised	46555
Code.	46556

(4) An applicant for a lead professional educator license	46557
shall:	46558

(a) Hold at least a master's degree from an accredited	46559
institution of higher education;	46560

(b) Have previously held a professional educator license or a	46561
senior professional educator license issued under this section or	46562
a professional educator license issued under section 3319.222 or	46563
former section 3319.22 of the Revised Code;	46564

(c) Meet the criteria for the distinguished level of	46565
performance, as described in the standards for teachers adopted by	46566
the state board under section 3319.61 of the Revised Code;	46567

(d) Either hold a valid certificate issued by the national	46568
board for professional teaching standards or meet the criteria for	46569
a lead teacher adopted by the educator standards board under	46570
section 3319.61 of the Revised Code.	46571

(C) The state board shall align the standards and	46572
qualifications for obtaining a principal license with the	46573
standards for principals adopted by the state board under section	46574
3319.61 of the Revised Code.	46575

(D) If the state board requires any examinations for educator	46576
licensure, the department of education shall provide the results	46577
of such examinations received by the department to the chancellor	46578
of the Ohio board of regents, in the manner and to the extent	46579
permitted by state and federal law.	46580

~~(B)~~(E) Any rules the state board of education adopts, amends,	46581
or rescinds for educator licenses under this section, division (D)	46582
of section 3301.07 of the Revised Code, or any other law shall be	46583
adopted, amended, or rescinded under Chapter 119. of the Revised	46584
Code except as follows:	46585

(1) Notwithstanding division (D) of section 119.03 and	46586
division (A)(1) of section 119.04 of the Revised Code, in the case	46587
of the adoption of any rule or the amendment or rescission of any	46588
rule that necessitates institutions' offering ~~teacher~~ preparation	46589
programs for educators and other school personnel that are	46590
approved by the ~~state board of education~~chancellor of the Ohio	46591
board of regents under section ~~3319.23~~3333.048 of the Revised	46592
Code to revise the curriculum of those programs, the effective	46593
date shall not be as prescribed in division (D) of section 119.03	46594
and division (A)(1) of section 119.04 of the Revised Code.	46595
Instead, the effective date of such rules, or the amendment or	46596
rescission of such rules, shall be the date prescribed by section	46597
~~3319.23~~3333.048 of the Revised Code.	46598

(2) Notwithstanding the authority to adopt, amend, or rescind	46599
emergency rules in division (F) of section 119.03 of the Revised	46600
Code, this authority shall not apply to the state board of	46601
education with regard to rules for educator licenses.	46602

~~(C)~~(F)(1) The rules adopted under this section establishing	46603
standards requiring additional coursework for the renewal of any	46604
educator license shall require a school district and a chartered	46605
nonpublic school to establish local professional development	46606
committees. In a nonpublic school, the chief administrative	46607
officer shall establish the committees in any manner acceptable to	46608
such officer. The committees established under this division shall	46609
determine whether coursework that a district or chartered	46610
nonpublic school teacher proposes to complete meets the	46611
requirement of the rules. The department of education shall	46612
provide technical assistance and support to committees as the	46613
committees incorporate the professional development standards	46614
adopted by the state board of education pursuant to section	46615
3319.61 of the Revised Code into their review of coursework that	46616
is appropriate for license renewal. The rules shall establish a	46617
procedure by which a teacher may appeal the decision of a local	46618
professional development committee.	46619

(2) In any school district in which there is no exclusive	46620
representative established under Chapter 4117. of the Revised	46621
Code, the professional development committees shall be established	46622
as described in division ~~(C)~~(F)(2) of this section.	46623

Not later than the effective date of the rules adopted under	46624
this section, the board of education of each school district shall	46625
establish the structure for one or more local professional	46626
development committees to be operated by such school district. The	46627
committee structure so established by a district board shall	46628
remain in effect unless within thirty days prior to an anniversary	46629
of the date upon which the current committee structure was	46630
established, the board provides notice to all affected district	46631
employees that the committee structure is to be modified.	46632
Professional development committees may have a district-level or	46633
building-level scope of operations, and may be established with	46634
regard to particular grade or age levels for which an educator	46635
license is designated.	46636

Each professional development committee shall consist of at	46637
least three classroom teachers employed by the district, one	46638
principal employed by the district, and one other employee of the	46639
district appointed by the district superintendent. For committees	46640
with a building-level scope, the teacher and principal members	46641
shall be assigned to that building, and the teacher members shall	46642
be elected by majority vote of the classroom teachers assigned to	46643
that building. For committees with a district-level scope, the	46644
teacher members shall be elected by majority vote of the classroom	46645
teachers of the district, and the principal member shall be	46646
elected by a majority vote of the principals of the district,	46647
unless there are two or fewer principals employed by the district,	46648
in which case the one or two principals employed shall serve on	46649
the committee. If a committee has a particular grade or age level	46650
scope, the teacher members shall be licensed to teach such grade	46651
or age levels, and shall be elected by majority vote of the	46652
classroom teachers holding such a license and the principal shall	46653
be elected by all principals serving in buildings where any such	46654
teachers serve. The district superintendent shall appoint a	46655
replacement to fill any vacancy that occurs on a professional	46656
development committee, except in the case of vacancies among the	46657
elected classroom teacher members, which shall be filled by vote	46658
of the remaining members of the committee so selected.	46659

Terms of office on professional development committees shall	46660
be prescribed by the district board establishing the committees.	46661
The conduct of elections for members of professional development	46662
committees shall be prescribed by the district board establishing	46663
the committees. A professional development committee may include	46664
additional members, except that the majority of members on each	46665
such committee shall be classroom teachers employed by the	46666
district. Any member appointed to fill a vacancy occurring prior	46667
to the expiration date of the term for which a predecessor was	46668
appointed shall hold office as a member for the remainder of that	46669
term.	46670

The initial meeting of any professional development	46671
committee, upon election and appointment of all committee members,	46672
shall be called by a member designated by the district	46673
superintendent. At this initial meeting, the committee shall	46674
select a chairperson and such other officers the committee deems	46675
necessary, and shall adopt rules for the conduct of its meetings.	46676
Thereafter, the committee shall meet at the call of the	46677
chairperson or upon the filing of a petition with the district	46678
superintendent signed by a majority of the committee members	46679
calling for the committee to meet.	46680

(3) In the case of a school district in which an exclusive	46681
representative has been established pursuant to Chapter 4117. of	46682
the Revised Code, professional development committees shall be	46683
established in accordance with any collective bargaining agreement	46684
in effect in the district that includes provisions for such	46685
committees.	46686

If the collective bargaining agreement does not specify a	46687
different method for the selection of teacher members of the	46688
committees, the exclusive representative of the district's	46689
teachers shall select the teacher members.	46690

If the collective bargaining agreement does not specify a	46691
different structure for the committees, the board of education of	46692
the school district shall establish the structure, including the	46693
number of committees and the number of teacher and administrative	46694
members on each committee; the specific administrative members to	46695
be part of each committee; whether the scope of the committees	46696
will be district levels, building levels, or by type of grade or	46697
age levels for which educator licenses are designated; the lengths	46698
of terms for members; the manner of filling vacancies on the	46699
committees; and the frequency and time and place of meetings.	46700
However, in all cases, except as provided in division ~~(C)~~(F)(4) of	46701
this section, there shall be a majority of teacher members of any	46702
professional development committee, there shall be at least five	46703
total members of any professional development committee, and the	46704
exclusive representative shall designate replacement members in	46705
the case of vacancies among teacher members, unless the collective	46706
bargaining agreement specifies a different method of selecting	46707
such replacements.	46708

(4) Whenever an administrator's coursework plan is being	46709
discussed or voted upon, the local professional development	46710
committee shall, at the request of one of its administrative	46711
members, cause a majority of the committee to consist of	46712
administrative members by reducing the number of teacher members	46713
voting on the plan.	46714

~~(D)~~(G)(1) The department of education, educational service	46715
centers, county boards of mental retardation and developmental	46716
disabilities, regional professional development centers, special	46717
education regional resource centers, college and university	46718
departments of education, head start programs, the eTech Ohio	46719
commission, and the Ohio education computer network may establish	46720
local professional development committees to determine whether the	46721
coursework proposed by their employees who are licensed or	46722
certificated under this section or section 3319.222 of the Revised	46723
Code, or under the former version of either section as it existed	46724
prior to the effective date of this amendment, meet the	46725
requirements of the rules adopted under this section. They may	46726
establish local professional development committees on their own	46727
or in collaboration with a school district or other agency having	46728
authority to establish them.	46729

Local professional development committees established by	46730
county boards of mental retardation and developmental disabilities	46731
shall be structured in a manner comparable to the structures	46732
prescribed for school districts in divisions ~~(C)~~(F)(2) and (3) of	46733
this section, as shall the committees established by any other	46734
entity specified in division ~~(D)~~(G)(1) of this section that	46735
provides educational services by employing or contracting for	46736
services of classroom teachers licensed or certificated under this	46737
section or section 3319.222 of the Revised Code, or under the	46738
former version of either section as it existed prior to the	46739
effective date of this amendment. All other entities specified in	46740
division ~~(D)~~(G)(1) of this section shall structure their	46741
committees in accordance with guidelines which shall be issued by	46742
the state board.	46743

(2) Any public agency that is not specified in division	46744
~~(D)~~(G)(1) of this section but provides educational services and	46745
employs or contracts for services of classroom teachers licensed	46746
or certificated under this section or section 3319.222 of the	46747
Revised Code, or under the former version of either section as it	46748
existed prior to the effective date of this amendment, may	46749
establish a local professional development committee, subject to	46750
the approval of the department of education. The committee shall	46751
be structured in accordance with guidelines issued by the state	46752
board.	46753

Sec. 3319.221. (A) The state board of education shall adopt	46754
rules establishing the standards and requirements for obtaining a	46755
school nurse license and a school nurse wellness coordinator	46756
license. At a minimum, the rules shall require that an applicant	46757
for a school nurse license be licensed as a registered nurse under	46758
Chapter 4723. of the Revised Code.	46759

(B) If the state board requires any examinations for	46760
licensure under this section, the department of education shall	46761
provide the examination results received by the department to the	46762
chancellor of the Ohio board of regents, in the manner and to the	46763
extent permitted by state and federal law.	46764

(C) Any rules for licenses described in this section that the	46765
state board adopts, amends, or rescinds under this section,	46766
division (D) of section 3301.07 of the Revised Code, or any other	46767
law shall be adopted, amended, or rescinded under Chapter 119. of	46768
the Revised Code, except that the authority to adopt, amend, or	46769
rescind emergency rules under division (F) of section 119.03 of	46770
the Revised Code shall not apply to the state board with respect	46771
to rules for licenses described in this section.	46772

(D) Any registered nurse employed by a school district in the	46773
capacity of school nurse on January 1, 1973, or any registered	46774
nurse employed by a city or general health district on January 1,	46775
1973, to serve full-time in the capacity of school nurse in one or	46776
more school districts, shall be considered to have fulfilled the	46777
requirements for the issuance of a school nurse license under this	46778
section ~~3319.22 of the Revised Code~~.	46779

Sec. 3319.222. (A) Notwithstanding the amendments to and	46780
repeal of statutes by the act that enacted this section, the state	46781
board of education shall accept applications for new, and renewal	46782
and upgrade of, temporary, associate, provisional, and	46783
professional educator licenses, alternative educator licenses,	46784
one-year conditional teaching permits, and school nurse licenses	46785
through December 31, 2010, and issue them on the basis of the	46786
applications received by that date in accordance with the former	46787
statutes in effect immediately prior to amendment or repeal by the	46788
act that enacted this section.	46789

(B) A permanent teacher's certificate issued under former	46790
sections 3319.22 to 3319.31 of the Revised Code prior to October	46791
29, 1996, or under former section 3319.222 of the Revised Code as	46792
it existed prior to the effective date of this section, shall be	46793
valid for teaching in the subject areas and grades for which the	46794
certificate was issued, except as the certificate is limited,	46795
suspended, or revoked under section 3319.31 of the Revised Code.	46796

(C) The following certificates, permits, or licenses shall be	46797
valid until the certificate, permit, or license expires for	46798
teaching in the subject areas and grades for which the	46799
certificate, permit, or license was issued, except as the	46800
certificate, permit, or license is limited, suspended, or revoked	46801
under section 3319.31 of the Revised Code:	46802

(1) Any professional teacher's certificate issued under	46803
former section 3319.222 of the Revised Code, as it existed prior	46804
to the effective date of this section;	46805

(2) Any temporary, associate, provisional, or professional	46806
educator license issued under former section 3319.22 of the	46807
Revised Code, as it existed prior to the effective date of this	46808
section, or under division (A) of this section;	46809

(3) Any alternative educator license issued under former	46810
section 3319.26 of the Revised Code, as it existed prior to the	46811
effective date of this section, or under division (A) of this	46812
section;	46813

(4) Any one-year conditional teaching permit issued under	46814
former section 3319.302 or 3319.304 of the Revised Code, as it	46815
existed prior to the effective date of this section, or under	46816
division (A) of this section.	46817

(D) Any school nurse license issued under former section	46818
3319.22 of the Revised Code, as it existed prior to the effective	46819
date of this section, or under division (A) of this section shall	46820
be valid until the license expires for employment as a school	46821
nurse, except as the license is limited, suspended, or revoked	46822
under section 3319.31 of the Revised Code.	46823

(E) Nothing in this section shall be construed to prohibit a	46824
person from applying to the state board for an educator license	46825
issued under section 3319.22 of the Revised Code, a school nurse	46826
license or a school nurse wellness coordinator license issued	46827
under section 3319.221 of the Revised Code, or an alternative	46828
resident educator license issued under section 3319.26 of the	46829
Revised Code, as the section exists on and after the effective	46830
date of this section.	46831

(F) On and after the effective date of this section, any	46832
reference in the Revised Code to educator licensing is hereby	46833
deemed to refer also to certification or licensure under divisions	46834
(A) to (D) of this section.	46835

Sec. 3319.223. (A) Not later than January 1, 2011, the	46836
superintendent of public instruction and the chancellor of the	46837
Ohio board of regents jointly shall establish the Ohio teacher	46838
residency program, which shall be a four-year, entry-level program	46839
for classroom teachers. The teacher residency program shall	46840
include at least the following components:	46841

(1) Mentoring by teachers who hold a lead professional	46842
educator license issued under section 3319.22 of the Revised Code;	46843

(2) Counseling to ensure that program participants receive	46844
needed professional development;	46845

(3) Measures of appropriate progression through the program.

46846

(B) The teacher residency program shall be aligned with the	46847
standards for teachers adopted by the state board of education	46848
under section 3319.61 of the Revised Code and best practices	46849
identified by the superintendent of public instruction.	46850

(C) Each person who holds a resident educator license issued	46851
under section 3319.22 of the Revised Code or an alternative	46852
resident educator license issued under section 3319.26 of the	46853
Revised Code shall participate in the teacher residency program.	46854
Successful completion of the program shall be required to qualify	46855
any such person for a professional educator license issued under	46856
section 3319.22 of the Revised Code.	46857

Sec. 3319.234. The teacher quality partnership, a consortium	46858
of teacher preparation programs that have been approved by the	46859
~~state board of education~~chancellor of the Ohio board of regents	46860
under section ~~3319.23~~3333.048 of the Revised Code, shall study	46861
the relationship of teacher performance on educator licensure	46862
assessments, as adopted by the state board of education under	46863
section 3319.22 of the Revised Code, to teacher effectiveness in	46864
the classroom. Not later than September 1, 2008, the partnership	46865
shall begin submitting annual data reports along with any other	46866
data on teacher effectiveness the partnership determines	46867
appropriate to the governor, the president and minority leader of	46868
the senate, the speaker and minority leader of the house of	46869
representatives, the chairpersons and ranking minority members of	46870
the standing committees of the senate and the house of	46871
representatives that consider education legislation, the	46872
superintendent of public instruction, the state board of	46873
education, the chancellor of the Ohio board of regents, and the	46874
partnership for continued learning.	46875

Sec. 3319.235. (A) The standards for the preparation of	46876
teachers adopted under section ~~3319.23~~3333.048 of the Revised	46877
Code shall require any institution that provides a course of study	46878
for the training of teachers to ensure that graduates of such	46879
course of study are skilled at integrating educational technology	46880
in the instruction of children, as evidenced by the graduate	46881
having either demonstrated proficiency in such skills in a manner	46882
prescribed by the department of education or completed a course	46883
that includes training in such skills.	46884

(B) The eTech Ohio commission shall establish model	46885
professional development programs to assist teachers who completed	46886
their teacher preparation prior to the effective date of division	46887
(A) of this section to become skilled at integrating educational	46888
technology in the instruction of children. The commission shall	46889
provide technical assistance to school districts wishing to	46890
establish such programs.	46891

Sec. 3319.24. This section does not apply to any applicant	46892
for an educator license that is designed for persons specializing	46893
in teaching children in kindergarten through twelfth grade, or the	46894
equivalent, in the area of dance, drama, theater, music, visual	46895
arts, or physical education or a specialty area substantially	46896
equivalent to any of these when such applicant will be teaching	46897
children in the specialty area specified in the license.	46898

(A) As used in this section:

46899

(1) "Coursework in the teaching of reading" means coursework	46900
that includes training in a range of instructional strategies for	46901
teaching reading, in the assessment of reading skills, and in the	46902
diagnosis and remediation of reading difficulties;	46903

(2) "Phonics" means the techniques and strategies used to	46904
teach children to match, blend, and translate letters of the	46905
alphabet into the sounds they represent, which techniques and	46906
strategies are systematically integrated and thoroughly practiced	46907
in a developmentally appropriate instructional program to assist	46908
the child in learning to read, write, and spell;	46909

(3) "Course in the teaching of phonics" means a course	46910
providing the background necessary for effectively teaching and	46911
assessing phonics, phonemic awareness, and word recognition,	46912
including, but not limited to, the following topics:	46913

(a) Phonological and morphological underpinnings of English	46914
spellings and the history thereof;	46915

(b) The nature and role of word recognition in proficient	46916
reading;	46917

(c) Methods and rationale for the instruction of phonemic	46918
awareness, decoding, spelling, and the application thereof in	46919
reading and writing;	46920

(d) Methods and rationale for the assessment of phonemic	46921
awareness, decoding, spelling, and the application thereof in	46922
reading and writing;	46923

(e) The relation of deficits in phonemic awareness, decoding,	46924
spelling, and word recognition to reading disabilities;	46925

(4) "Phonemic awareness" means the awareness of sounds that	46926
make up spoken words and the ability to use this awareness of	46927
sounds in reading.	46928

(B) The rules adopted under ~~division (A) of~~ section 3319.22	46929
of the Revised Code shall require an applicant for ~~an initial~~	46930
~~provisional~~a resident educator license designated for teaching	46931
children in grades kindergarten through six or the equivalent to	46932
have successfully completed at least six semester hours, or the	46933
equivalent, of coursework in the teaching of reading that includes	46934
at least one separate course of at least three semester hours, or	46935
the equivalent, in the teaching of phonics in the context of	46936
reading, writing, and spelling. In addition, such rules shall	46937
require that such license be granted for a period of not more than	46938
~~two~~four years, and shall require that the ~~first renewal~~	46939
subsequent issuance of ~~such~~a professional educator license be	46940
contingent upon the ~~license holder~~applicant having completed six	46941
additional semester hours or the equivalent of coursework in the	46942
teaching of reading. The rules shall permit ~~a license holder~~ an	46943
applicant to apply undergraduate coursework in order to meet ~~such~~	46944
~~renewal~~this requirement for additional coursework.	46945

Sec. 3319.25. Any teacher performance assessment entity with	46946
which the department of education or the state board of education	46947
contracts or any independent agent with whom such entity, the	46948
department, or the state board contracts to provide services as a	46949
teacher performance assessor, trainer of assessors, or assessment	46950
coordinator is not liable for damages in a civil action concerning	46951
the actions of such entity or agent made in the conduct of a	46952
teacher performance assessment unless those actions were conducted	46953
with malicious purpose, in bad faith, or in a wanton or reckless	46954
manner.	46955

As used in this section, "teacher performance assessment"	46956
means an assessment prescribed by the state board of education to	46957
measure the classroom performance of a teacher who is a candidate	46958
for ~~a professional educator license~~licensure based on	46959
observations conducted by a trained assessor while the teacher is	46960
engaged in actual classroom instruction.	46961

Sec. 3319.26. (A) The state board of education shall adopt	46962
rules establishing the standards and requirements for obtaining an	46963
alternative resident educator license for teaching in grades ~~seven~~	46964
four to twelve, or the equivalent, in a designated subject area.	46965
However, an alternative resident educator license in the area of	46966
intervention specialist, as defined by rule of the state board,	46967
shall be valid for teaching in grades kindergarten to twelve.	46968

(B)~~(1)~~The superintendent of public instruction and the	46969
chancellor of the Ohio board of regents jointly shall develop an	46970
intensive pedagogical training institute to provide instruction in	46971
the principles and practices of teaching for individuals seeking	46972
an alternative resident educator license. The instruction shall	46973
cover such topics as student development and learning, pupil	46974
assessment procedures, curriculum development, classroom	46975
management, and teaching methodology.	46976

(C) The rules adopted under this section shall require	46977
applicants for the alternative resident educator license to	46978
satisfy the following conditions prior to issuance of the	46979
license:	46980

~~(a)~~(1) Hold a minimum of a baccalaureate degree;

46981

~~(b)~~(2) Successfully complete ~~three semester hours or the~~	46982
~~equivalent of college coursework in the developmental~~	46983
~~characteristics of adolescent youths and three semester hours or~~	46984
~~the equivalent in teaching methods~~the pedagogical training	46985
institute described in division (B) of this section;	46986

~~(c)~~(3) Pass an examination in the subject area for which	46987
application is being made.	46988

~~(2)~~(D) An alternative resident educator license shall be	46989
valid for ~~two~~four years and shall not be renewable.	46990

~~(3)~~(E) The rules shall require the holder of an alternative	46991
resident educator license, as a condition of continuing to hold	46992
the license, to ~~show~~do all of the following:	46993

(1) Participate in the Ohio teacher residency program	46994
established under section 3319.223 of the Revised Code;	46995

(2) Show satisfactory progress in taking and successfully	46996
completing within ~~two~~four years at least twelve additional	46997
semester hours, or the equivalent, of college coursework in the	46998
principles and practices of teaching in such topics as student	46999
development and learning, pupil assessment procedures, curriculum	47000
development, classroom management, and teaching methodology;	47001

(3) Take an assessment of professional knowledge in the	47002
second year of teaching under the license.	47003

~~(C)~~(F) The rules shall provide for the granting of a	47004
~~provisional~~professional educator license to a holder of an	47005
alternative resident educator license upon successfully completing	47006
all of the following:	47007

(1) ~~Two~~Four years of teaching under the alternative license;

47008

(2) The twelve semester hours, or the equivalent, of the	47009
additional college coursework described in division ~~(B)(3)~~(E)(2)	47010
of this section;	47011

(3) The assessment of professional knowledge ~~that is~~	47012
~~required of other applicants for a provisional educator license~~	47013
described in division (E)(3) of this section. The standards for	47014
successfully completing this assessment and the manner of	47015
conducting the assessment shall be the same as for any other	47016
~~applicant for a provisional educator license~~individual who is	47017
required to take the assessment pursuant to rules adopted by the	47018
state board under section 3319.22 of the Revised Code.	47019

(4) The Ohio teacher residency program;

47020

(5) All other requirements for a professional educator	47021
license adopted by the state board under section 3319.22 of the	47022
Revised Code.	47023

Sec. 3319.261. An individual who otherwise qualifies for an	47024
alternative resident educator license for employment as an	47025
intervention specialist as authorized under section 3319.26 of the	47026
Revised Code shall be issued such license without successful	47027
completion of the examination specified in division	47028
~~(B)(1)(c)~~(C)(3) of section 3319.26 of the Revised Code. The	47029
individual to whom the alternative resident educator license is	47030
issued under this section shall be required to successfully	47031
complete that examination prior to issuance of a ~~provisional~~	47032
professional educator license as provided in division ~~(C)~~(F) of	47033
section 3319.26 of the Revised Code only after completing the	47034
coursework prescribed in division ~~(B)(3)~~(E)(2) of that section.	47035

Sec. 3319.28. (A) As used in this section, "STEM school"	47036
means a science, technology, engineering, and mathematics school	47037
established under Chapter 3326. of the Revised Code.	47038

(B) Notwithstanding any other provision of the Revised Code	47039
or any rule adopted by the state board of education to the	47040
contrary, the state board shall issue a two-year provisional	47041
educator license for teaching science, technology, engineering,	47042
or mathematics in grades six through twelve in a STEM school to	47043
any applicant who meets the following conditions:	47044

(1) Holds a bachelor's degree from an accredited institution	47045
of higher education in a field related to the subject area to be	47046
taught;	47047

(2) Has passed an examination prescribed by the state board	47048
in the subject area to be taught.	47049

(C) The holder of a provisional educator license issued under	47050
this section shall complete a structured apprenticeship program	47051
provided by an educational service center or a teacher preparation	47052
program approved under section ~~3319.23~~3333.048 of the Revised	47053
Code, in partnership with the STEM school that employs the	47054
license holder. The apprenticeship program shall include the	47055
following:	47056

(1) Mentoring by a teacher or administrator who regularly	47057
observes the license holder's classroom instruction, provides	47058
feedback on the license holder's teaching strategies and classroom	47059
management, and engages the license holder in discussions about	47060
methods for fostering and measuring student learning;	47061

(2) Regularly scheduled seminars or meetings that address the	47062
following topics:	47063

(a) The statewide academic standards adopted by the state	47064
board under section 3301.079 of the Revised Code and the	47065
importance of aligning curriculum with those standards;	47066

(b) The achievement ~~tests~~assessments prescribed by section	47067
3301.0710 of the Revised Code;	47068

(c) The school district and building accountability system	47069
established under Chapter 3302. of the Revised Code;	47070

(d) Instructional methods and strategies;

47071

(e) Student development;

47072

(f) Assessing student progress and providing remediation and	47073
intervention, as necessary, to meet students' special needs;	47074

(g) Classroom management and record keeping.

47075

(D) After two years of teaching under a provisional educator	47076
license issued under this section, a person may apply for a	47077
five-year professional educator license in the same subject area	47078
named in the provisional license. The state board shall issue the	47079
applicant a professional educator license if the applicant meets	47080
the following conditions:	47081

(1) The applicant completed the apprenticeship program	47082
described in division (C) of this section.	47083

(2) The applicant receives a positive recommendation	47084
indicating that the applicant is an effective teacher from both of	47085
the following:	47086

(a) The chief administrative officer of the STEM school that	47087
most recently employed the applicant as a classroom teacher;	47088

(b) The educational service center or teacher preparation	47089
program administrator in charge of the apprenticeship program	47090
completed by the applicant.	47091

(3) The applicant meets all other requirements for a	47092
professional educator license adopted by the state board under	47093
section 3319.22 of the Revised Code.	47094

(E) The department of education shall evaluate the	47095
experiences of STEM schools with classroom teachers holding	47096
provisional educator licenses issued under this section. The	47097
evaluation shall cover the first two school years for which	47098
licenses are issued and shall consider at least the schools'	47099
satisfaction with the teachers and the operation of the	47100
apprenticeship programs.	47101

Sec. 3319.291. (A) The state board of education shall	47102
require each of the following persons, at the times prescribed by	47103
division (A) of this section, to submit two complete sets of	47104
fingerprints and written permission that authorizes the	47105
superintendent of public instruction to forward the fingerprints	47106
to the bureau of criminal identification and investigation	47107
pursuant to division (F) of section 109.57 of the Revised Code and	47108
that authorizes that bureau to forward the fingerprints to the	47109
federal bureau of investigation for purposes of obtaining any	47110
criminal records that the federal bureau maintains on the person:	47111

(1) Any person initially applying for any certificate,	47112
license, or permit described in this chapter or in division (B) of	47113
section 3301.071 or in section 3301.074 of the Revised Code at	47114
the time that application is made;	47115

(2) Any person applying for renewal of any certificate,	47116
license, or permit described in division (A)(1) of this section at	47117
the time that application is made;	47118

(3) Any person who is teaching under a professional teaching	47119
certificate issued under former ~~section 3319.22 or under~~ section	47120
3319.222 of the Revised Code upon a date prescribed by the state	47121
board;	47122

(4) Any person who is teaching under a permanent teaching	47123
certificate issued under former section 3319.22 as it existed	47124
prior to October 29, 1996, or under former section 3319.222 of	47125
the Revised Code upon a date prescribed by the state board and	47126
every five years thereafter.	47127

(B) Except as provided in division (C) of this section, prior	47128
to issuing or renewing any certificate, license, or permit	47129
described in division (A)(1) or (2) of this section and in the	47130
case of a person required to submit fingerprints and written	47131
permission under division (A)(3) or (4) of this section, the state	47132
board or the superintendent of public instruction shall request	47133
the superintendent of the bureau of criminal identification and	47134
investigation to investigate and determine whether the bureau has	47135
any information, gathered pursuant to division (A) of section	47136
109.57 of the Revised Code, pertaining to any person submitting	47137
fingerprints and written permission under this section and to	47138
obtain any criminal records that the federal bureau of	47139
investigation has on the person.	47140

(C) The state board or the superintendent of public	47141
instruction may choose not to request any information required by	47142
division (B) of this section if the person applying for the	47143
issuance or renewal of a certificate, license, or permit described	47144
in division (A)(1) or (2) of this section or the person required	47145
to submit fingerprints and written permission under division	47146
(A)(3) or (4) of this section provides proof that a criminal	47147
records check was conducted on the person as a condition of	47148
employment pursuant to section 3319.39 of the Revised Code within	47149
the immediately preceding year. The state board or the	47150
superintendent of public instruction may accept a certified copy	47151
of records that were issued by the bureau of criminal	47152
identification and investigation and that are presented by a	47153
person applying for the issuance or renewal of a certificate,	47154
license, or permit described in this section in lieu of requesting	47155
that information under division (B) of this section if the records	47156
were issued by the bureau within the immediately preceding year.	47157

(D)(1) If a person described in division (A)(3) or (4) of	47158
this section fails to submit fingerprints and written permission	47159
by the date specified in the applicable division, and the state	47160
board or the superintendent of public instruction does not apply	47161
division (C) of this section to the person, the superintendent	47162
shall prepare a written notice stating that if the person does not	47163
submit the fingerprints and written permission within fifteen days	47164
after the date the notice was mailed, the person's professional or	47165
permanent teaching certificate will be inactivated. The	47166
superintendent shall send the notification by regular mail to the	47167
person's last known residence address or last known place of	47168
employment, as indicated in the department of education's records,	47169
or both.	47170

If the person fails to submit the fingerprints and written	47171
permission within fifteen days after the date the notice was	47172
mailed, the superintendent of public instruction, on behalf of the	47173
state board, shall issue a written order inactivating the person's	47174
professional or permanent teaching certificate. The inactivation	47175
shall remain in effect until the person submits the fingerprints	47176
and written permission. The superintendent shall send the order by	47177
regular mail to the person's last known residence address or last	47178
known place of employment, as indicated in the department's	47179
records, or both. The order shall state the reason for the	47180
inactivation and shall explain that the inactivation remains in	47181
effect until the person complies with division (A) of this	47182
section.	47183

The inactivation of a professional or permanent teaching	47184
certificate under division (D)(1) of this section does not	47185
constitute a suspension or revocation of the certificate by the	47186
state board under section 3319.31 of the Revised Code and the	47187
state board and the superintendent of public instruction need not	47188
provide the person with an opportunity for a hearing with respect	47189
to the inactivation.	47190

(2) If a person whose professional or permanent teaching	47191
certificate has been inactivated under division (D)(1) of this	47192
section submits fingerprints and written permission as required by	47193
division (A) of this section, the superintendent of public	47194
instruction, on behalf of the state board, shall issue a written	47195
order reactivating the certificate. The superintendent shall send	47196
the order to the person by regular mail.	47197

(E) Notwithstanding divisions (A) and (B) of this section, if	47198
a person holds more than one certificate, license, or permit	47199
described in division (A)(1) of this section, the following shall	47200
apply:	47201

(1) If the certificates, licenses, or permits are of	47202
different durations, the person shall be subject to divisions	47203
(A)(2) and (B) of this section only when applying for renewal of	47204
the certificate, license, or permit that is of the longest	47205
duration. Prior to renewing any certificate, license, or permit	47206
with a shorter duration, the state board or the superintendent of	47207
public instruction shall determine whether the department of	47208
education has received any information about the person pursuant	47209
to section 109.5721 of the Revised Code, but the person shall not	47210
be subject to division (A)(2) or (B) of this section as long as	47211
the person's certificate, license, or permit with the longest	47212
duration is valid.	47213

(2) If the certificates, licenses, or permits are of the same	47214
duration but do not expire in the same year, the person shall	47215
designate one of the certificates, licenses, or permits as the	47216
person's primary certificate, license, or permit and shall notify	47217
the department of that designation. The person shall be subject to	47218
divisions (A)(2) and (B) of this section only when applying for	47219
renewal of the person's primary certificate, license, or permit.	47220
Prior to renewing any certificate, license, or permit that is not	47221
the person's primary certificate, license, or permit, the state	47222
board or the superintendent of public instruction shall determine	47223
whether the department has received any information about the	47224
person pursuant to section 109.5721 of the Revised Code, but the	47225
person shall not be subject to division (A)(2) or (B) of this	47226
section as long as the person's primary certificate, license, or	47227
permit is valid.	47228

(3) If the certificates, licenses, or permits are of the same	47229
duration and expire in the same year and the person applies for	47230
renewal of the certificates, licenses, or permits at the same	47231
time, the state board or the superintendent of public instruction	47232
shall request only one criminal records check of the person under	47233
division (B) of this section.	47234

Sec. 3319.303. (A) The state board of education shall adopt	47235
rules establishing standards and requirements for obtaining a	47236
pupil-activity program permit for any individual who does not hold	47237
a valid educator license, certificate, or permit issued by the	47238
state board under section 3319.22, 3319.26, or 3319.27~~, 3319.302,~~	47239
~~or 3319.304~~ of the Revised Code. The permit issued under this	47240
section shall be valid for coaching, supervising, or directing a	47241
pupil-activity program under section 3313.53 of the Revised Code.	47242
Subject to the provisions of section 3319.31 of the Revised Code,	47243
a permit issued under this section shall be valid for three years	47244
and shall be renewable.	47245

(B) The state board shall adopt rules applicable to	47246
individuals who hold valid educator licenses, certificates, or	47247
permits issued by the state board under section 3319.22, 3319.26,	47248
or 3319.27~~, 3319.302, or 3319.304~~ of the Revised Code setting	47249
forth standards to assure any such individual's competence to	47250
direct, supervise, or coach a pupil-activity program. The rules	47251
adopted under this division shall not be more stringent than the	47252
standards set forth in rules applicable to individuals who do not	47253
hold such licenses, certificates, or permits adopted under	47254
division (A) of this section.	47255

Sec. 3319.36. (A) No treasurer of a board of education or	47256
educational service center shall draw a check for the payment of a	47257
teacher for services until the teacher files with the treasurer	47258
both of the following:	47259

(1) Such reports as are required by the state board of	47260
education, the school district board of education, or the	47261
superintendent of schools;	47262

(2) Except for a teacher who is engaged pursuant to section	47263
3319.301 of the Revised Code, a written statement from the city,	47264
exempted village, or local school district superintendent or the	47265
educational service center superintendent that the teacher has	47266
filed with the treasurer a legal educator license, or true copy of	47267
it, to teach the subjects or grades taught, with the dates of its	47268
validity. The state board of education shall prescribe the record	47269
and administration for such filing of educator licenses in	47270
educational service centers.	47271

(B) Notwithstanding division (A) of this section, the	47272
treasurer may pay either of the following:	47273

(1) Any teacher for services rendered during the first two	47274
months of the teacher's initial employment with the school	47275
district or educational service center, provided such teacher is	47276
the holder of a bachelor's degree or higher and has filed with the	47277
state board of education an application for the issuance of a	47278
~~provisional or professional~~an educator license described in	47279
division (A)(1) of section 3319.22 of the Revised Code.	47280

(2) Any substitute teacher for services rendered while	47281
conditionally employed under section 3319.101 of the Revised Code.	47282

(C) Upon notice to the treasurer given by the state board of	47283
education or any superintendent having jurisdiction that reports	47284
required of a teacher have not been made, the treasurer shall	47285
withhold the salary of the teacher until the required reports are	47286
completed and furnished.	47287

Sec. 3319.41. (A)~~(1) Beginning September 1, 1994, and except~~	47288
~~as provided in division (C) of this section, no~~No person employed	47289
or engaged as a teacher, principal, administrator, nonlicensed	47290
school employee, or bus driver in a public or chartered nonpublic	47291
school may inflict or cause to be inflicted corporal punishment	47292
as a means of discipline upon a pupil attending such school,	47293
~~unless the board of education of the school district in which the~~	47294
~~school is located adopts a resolution no later than September 1,~~	47295
~~1994, to permit corporal punishment as a means of discipline and~~	47296
~~does not adopt a resolution prohibiting corporal punishment~~	47297
~~pursuant to division (B) of this section. No board shall adopt a~~	47298
~~resolution permitting corporal punishment before receiving and~~	47299
~~studying the report of the local discipline task force appointed~~	47300
~~under division (A)(2) of this section.~~	47301

~~(2) The board of education of each city, local, exempted~~	47302
~~village, and joint vocational school district that has not adopted~~	47303
~~a rule prohibiting corporal punishment under section 3313.20 of~~	47304
~~the Revised Code prior to the effective date of this amendment~~	47305
~~shall appoint, and any board that has adopted a rule under that~~	47306
~~section prior to the effective date of this amendment may appoint,~~	47307
~~no later than April 1, 1994, a local discipline task force to~~	47308
~~conduct a study of effective discipline measures that are~~	47309
~~appropriate for that school district. Members of the task force~~	47310
~~shall include teachers, administrators, nonlicensed school~~	47311
~~employees, school psychologists, members of the medical~~	47312
~~profession, pediatricians when available, and representatives of~~	47313
~~parents' organizations.~~	47314

~~The task force shall hold meetings regularly. All meetings of~~	47315
~~the task force shall be open to the public and at least one of the~~	47316
~~meetings shall be for the purpose of inviting public~~	47317
~~participation. The board of education shall provide public notice~~	47318
~~of any public meeting of the task force in newspapers or other~~	47319
~~periodicals of general circulation in the school district. The~~	47320
~~task force shall report its findings and recommendations in~~	47321
~~writing to the board of education no later than July 15, 1994. The~~	47322
~~task force's written report must be available for inspection by~~	47323
~~the public at the board's offices for at least five years after~~	47324
~~being submitted to the board~~.	47325

(B)~~(1) At any time after September 1, 1996, the board of~~	47326
~~education of any city, local, exempted village, or joint~~	47327
~~vocational school district in which corporal punishment is~~	47328
~~permitted may adopt a resolution to prohibit corporal punishment.~~	47329
~~After the adoption of a resolution prohibiting corporal punishment~~	47330
~~pursuant to division (B)(1) of this section, the board of~~	47331
~~education of any city, local, exempted village, or joint~~	47332
~~vocational school district may adopt a resolution permitting~~	47333
~~corporal punishment after complying with division (B)(3) of this~~	47334
~~section.~~	47335

~~(2) At any time after September 1, 1998, the board of~~	47336
~~education of any city, local, exempted village, or joint~~	47337
~~vocational school district that did not adopt a resolution~~	47338
~~permitting corporal punishment as a means of discipline pursuant~~	47339
~~to division (A)(1) of this section may adopt a resolution~~	47340
~~permitting corporal punishment after complying with division~~	47341
~~(B)(3) of this section.~~	47342

~~(3)(a) The board of education of each city, local, exempted~~	47343
~~village, and joint vocational school district that intends to~~	47344
~~adopt a resolution permitting corporal punishment as a means of~~	47345
~~discipline pursuant to division (B)(1) or (2) of this section may~~	47346
~~adopt that resolution permitting corporal punishment as a means of~~	47347
~~discipline only after receiving and studying the report of the~~	47348
~~secondary local discipline task force appointed under division~~	47349
~~(B)(3)(b) of this section.~~	47350

~~(b) Any board of education described in division (B)(1) or~~	47351
~~(2) of this section that intends to adopt a resolution permitting~~	47352
~~corporal punishment as a means of discipline shall appoint a~~	47353
~~secondary local discipline task force to conduct a study of~~	47354
~~effective discipline measures that are appropriate for that school~~	47355
~~district. Membership on the secondary local discipline task force~~	47356
~~shall consist of the same types of persons that are required to be~~	47357
~~included as members of the local discipline task force pursuant to~~	47358
~~division (A)(2) of this section. The secondary local discipline~~	47359
~~task force shall follow the same procedures with respect to~~	47360
~~holding meetings, the provision of public notice, and the~~	47361
~~production and inspection of a written report of findings and~~	47362
~~recommendations that are applicable to the local discipline task~~	47363
~~force pursuant to division (A)(2) of this section, except that the~~	47364
~~secondary local discipline task force is not required to present~~	47365
~~its written report to the board of education on a date that is no~~	47366
~~later than July 15, 1994.~~	47367

~~(C) The prohibition of corporal punishment by division (A) of~~	47368
~~this section or by a resolution adopted under division (B) of this~~	47369
~~section does not prohibit the use of reasonable force or restraint~~	47370
~~in accordance with division (G) of this section.~~	47371

~~(D) If the board of education of any city, local, exempted~~	47372
~~village, or joint vocational school district does not prohibit~~	47373
~~corporal punishment on the effective date of this amendment but at~~	47374
~~any time after that date corporal punishment will be prohibited in~~	47375
~~the district pursuant to division (A)(1) or (B) of this section,~~	47376
~~the board shall do both of the following prior to the date on~~	47377
~~which the prohibition takes effect:~~	47378

~~(1) Adopt a disciplinary policy for the district that~~	47379
~~includes alternative disciplinary measures;~~	47380

~~(2) Consider what in-service training, if any, school~~	47381
~~district employees might need as part of implementing the policy~~	47382
~~adopted under division (D)(1) of this section.~~	47383

~~(E) A person employed or otherwise engaged as a teacher,~~	47384
~~principal, or administrator by a board of education permitting~~	47385
~~corporal punishment pursuant to division (A)(1) of this section or~~	47386
~~by a nonpublic school, except as otherwise provided by the~~	47387
~~governing authority of the nonpublic school, may inflict or cause~~	47388
~~to be inflicted reasonable corporal punishment upon a pupil~~	47389
~~attending the school to which the person is assigned whenever such~~	47390
~~punishment is reasonably necessary in order to preserve discipline~~	47391
~~while the student is subject to school authority.~~	47392

~~(F) A board of education of a school district that permits~~	47393
~~the use of corporal punishment as a means of discipline pursuant~~	47394
~~to a resolution adopted by the board pursuant to division (A)(1)~~	47395
~~of this section shall permit as part of its discipline policy the~~	47396
~~parents, guardian, or custodian of a child that is attending any~~	47397
~~school within the school district to request that corporal~~	47398
~~punishment not be used as a means of discipline on that child;~~	47399
~~upon the receipt of a request of that nature, shall ensure that an~~	47400
~~alternative disciplinary measure is applied with respect to that~~	47401
~~child; and shall include a procedure for the exercise of that~~	47402
~~option in the resolution adopted pursuant to division (A)(1) of~~	47403
~~this section.~~	47404

~~(G)~~ Persons employed or engaged as teachers, principals, or	47405
administrators in a school, whether public or private, and	47406
nonlicensed school employees and school bus drivers may, within	47407
the scope of their employment, use and apply such amount of force	47408
and restraint as is reasonable and necessary to quell a	47409
disturbance threatening physical injury to others, to obtain	47410
possession of weapons or other dangerous objects upon the person	47411
or within the control of the pupil, for the purpose of	47412
self-defense, or for the protection of persons or property.	47413

Sec. 3319.51. (A) The state board of education shall	47414
annually establish the amount of the fees required to be paid for	47415
any license, certificate, or permit issued under this chapter or	47416
division (B) of section 3301.071~~, under sections~~or section	47417
3301.074~~, 3319.088, 3319.29, 3319.302, and 3319.304, and under~~	47418
~~division (A) of section 3319.303~~ of the Revised Code. The amount	47419
of these fees shall be such that they, along with any	47420
appropriation made to the fund established under division (B) of	47421
this section, will be sufficient to cover the annual estimated	47422
cost of administering the ~~sections of law listed~~requirements	47423
described under division (B) of this section.	47424

(B) There is hereby established in the state treasury the	47425
state board of education licensure fund, which shall be used by	47426
the state board of education solely to pay the cost of	47427
administering requirements related to the issuance and renewal of	47428
licenses, certificates, and permits described in this chapter and	47429
sections 3301.071,and 3301.074~~, 3319.088, 3319.22, 3319.29,~~	47430
~~3319.291, 3319.301, 3319.302, 3319.303, 3319.304, and 3319.31~~ of	47431
the Revised Code. The fund shall consist of the amounts paid into	47432
the fund pursuant to division (B) of section 3301.071,and	47433
sections 3301.074~~, 3319.088,~~and 3319.29~~, 3319.302, and 3319.304,~~	47434
~~and division (A) of section 3319.303~~ of the Revised Code and any	47435
appropriations to the fund by the general assembly.	47436

Sec. 3319.56. The department of education shall identify	47437
promising practices in Ohio and throughout the country for	47438
engaging teachers certified by the national board for professional	47439
teaching standards, and ~~other master~~lead teachers~~, as defined~~who	47440
meet the criteria adopted by the educator standards board pursuant	47441
to section 3319.61 of the Revised Code, in ways that add value	47442
beyond their own classrooms. Practices identified by the	47443
department as promising may include placing national board	47444
certified and ~~master~~lead teachers in key roles in peer review	47445
programs; having such teachers serve as coaches, mentors, and	47446
trainers for other teachers; or having such teachers develop	47447
curricula or instructional integration strategies.	47448

Once the department has identified promising practices, the	47449
department shall inform all school districts of the practices by	47450
posting such information on the department's world wide web site.	47451

Sec. 3319.57. (A) A grant program is hereby established	47452
under which the department of education shall award grants to	47453
assist certain schools in a city, exempted village, local, or	47454
joint vocational school district in implementing one of the	47455
following innovations:	47456

(1) The use of instructional specialists to mentor and	47457
support classroom teachers;	47458

(2) The use of building managers to supervise the	47459
administrative functions of school operation so that a school	47460
principal can focus on supporting instruction, providing	47461
instructional leadership, and engaging teachers as part of the	47462
instructional leadership team;	47463

(3) The reconfiguration of school leadership structure in a	47464
manner that allows teachers to serve in leadership roles so that	47465
teachers may share the responsibility for making and implementing	47466
school decisions;	47467

(4) The adoption of new models for restructuring the school	47468
day or school year, such as including teacher planning and	47469
collaboration time as part of the school day;	47470

(5) The creation of smaller schools or smaller units within	47471
larger schools for the purpose of facilitating teacher	47472
collaboration to improve and advance the professional practice of	47473
teaching;	47474

(6) The implementation of "grow your own" recruitment	47475
strategies that are designed to assist individuals who show a	47476
commitment to education become licensed teachers, to assist	47477
experienced teachers obtain licensure in subject areas for which	47478
there is need, and to assist teachers in becoming principals;	47479

(7) The provision of better conditions for new teachers, such	47480
as reduced teaching load and reduced class size;	47481

(8) The provision of incentives to attract qualified	47482
mathematics, science, or special education teachers;	47483

(9) The development and implementation of a partnership with	47484
teacher preparation programs at colleges and universities to help	47485
attract teachers qualified to teach in shortage areas;	47486

(10) The implementation of a program to increase the cultural	47487
competency of both new and veteran teachers;	47488

(11) The implementation of a program to increase the subject	47489
matter competency of veteran teachers.	47490

(B) To qualify for a grant to implement one of the	47491
innovations described in division (A) of this section, a school	47492
must meet both of the following criteria:	47493

(1) Be hard to staff, as defined by the department.

47494

(2) Use existing school district funds for the implementation	47495
of the innovation in an amount equal to the grant amount	47496
multiplied by (1 - the district's state share percentage for the	47497
fiscal year in which the grant is awarded).	47498

For purposes of division (B)(2) of this section, "state share	47499
percentage" ~~shall be as calculated under section 3317.022 of the~~	47500
~~Revised Code, in the case of a city, local, or exempted village~~	47501
~~school district, or as calculated under section 3317.16~~has the	47502
same meaning as in section 3306.02 of the Revised Code~~, in the~~	47503
~~case of a joint vocational school district~~.	47504

(C) The amount and number of grants awarded under this	47505
section shall be determined by the department based on any	47506
appropriations made by the general assembly for grants under this	47507
section.	47508

(D) The state board of education shall adopt rules for the	47509
administration of this grant program.	47510

Sec. 3319.60. There is hereby established the educator	47511
standards board. The board shall develop and recommend to the	47512
state board of education standards for entering and continuing in	47513
the ~~teaching and principalship~~educator professions and standards	47514
for educator professional development. The board membership shall	47515
reflect the diversity of the state in terms of gender, race,	47516
ethnic background, and geographic distribution.	47517

(A) The board shall consist of the following members:

47518

(1) The following eighteen members appointed by the state	47519
board of education ~~within sixty days of the effective date of this~~	47520
~~section~~:	47521

~~(1) Eight~~(a) Ten persons employed as teachers in a school	47522
district. ~~Two~~Three persons appointed under this division shall be	47523
employed as teachers in a secondary school, two persons shall be	47524
employed as teachers in a middle school, ~~two~~three persons shall	47525
be employed as teachers in an elementary school, one person shall	47526
be employed as a teacher in a pre-kindergarten classroom, and one	47527
person shall be a teacher who serves on a local professional	47528
development committee pursuant to section 3319.22 of the Revised	47529
Code. At least one person appointed under this division shall hold	47530
a teaching certificate or license issued by the national board for	47531
professional teaching standards. The Ohio education association	47532
shall submit a list of ~~twelve~~fourteen nominees for these	47533
appointments and the state board shall appoint ~~six~~seven members	47534
to the educator standards board from that list. The Ohio	47535
federation of teachers shall submit a list of ~~four~~six nominees	47536
for these appointments and the state board shall appoint ~~two~~	47537
three members to the educator standards board from that list. If	47538
there is an insufficient number of nominees from both lists to	47539
satisfy the membership requirements of this division, the state	47540
board shall request additional nominees who satisfy those	47541
requirements.	47542

~~(2)~~(b) One person employed as a teacher in a chartered,	47543
nonpublic school. Stakeholder groups selected by the state board	47544
shall submit a list of two nominees for this appointment.	47545

~~(3) Four~~(c) Five persons employed as school administrators	47546
in a school district. Of ~~the four~~those five persons ~~appointed~~	47547
~~under this division~~, one person shall be employed as a secondary	47548
school principal, one person shall be employed as a middle school	47549
principal, one person shall be employed as an elementary school	47550
principal, one person shall be employed as a school district	47551
treasurer or business manager, and one person shall be employed as	47552
a school district superintendent. The buckeye association of	47553
school administrators shall submit a list of two nominees for the	47554
school district superintendent, the Ohio association of school	47555
business officials shall submit a list of two nominees for the	47556
school district treasurer or business manager, the Ohio	47557
association of elementary school administrators shall submit a	47558
list of two nominees for the elementary school principal, and the	47559
Ohio association of secondary school administrators shall submit a	47560
list of two nominees for the middle school principal and a list of	47561
two nominees for the secondary school principal.	47562

~~(4)~~(d) One person who is a member of a school district board	47563
of education. The Ohio school boards association shall submit a	47564
list of two nominees for this appointment.	47565

~~(5) Three persons employed by institutions of higher~~	47566
~~education that offer teacher preparation programs approved under~~	47567
~~section 3319.23 of the Revised Code. One person appointed under~~	47568
~~this division shall be employed by an institution of higher~~	47569
~~education that has a certificate of authorization under Chapter~~	47570
~~1713. of the Revised Code; one person shall be employed by a state~~	47571
~~university, as defined in section 3345.011 of the Revised Code, or~~	47572
~~a university branch; and one person shall be employed by a state~~	47573
~~community college, community college, or technical college. Of the~~	47574
~~two persons appointed under this division from an institution of~~	47575
~~higher education that has a certificate of authorization under~~	47576
~~Chapter 1713. of the Revised Code and from a state university or~~	47577
~~university branch, one shall be employed in a college of education~~	47578
~~and one shall be employed in a college of arts and sciences. The~~	47579
~~chancellor of the Ohio board of regents shall submit two slates of~~	47580
~~nominees for these appointments and the state board shall appoint~~	47581
~~one slate as members of the educator standards board.~~	47582

~~(6)~~(e) One person who is a parent of a student currently	47583
enrolled in a school operated by a school district. The Ohio	47584
parent teacher association shall submit a list of two nominees	47585
for this appointment.	47586

(2) The chancellor of the Ohio board of regents shall appoint	47587
three persons employed by institutions of higher education that	47588
offer teacher preparation programs. One person shall be employed	47589
by an institution of higher education that has a certificate of	47590
authorization under Chapter 1713. of the Revised Code; one person	47591
shall be employed by a state university, as defined in section	47592
3345.011 of the Revised Code, or a university branch; and one	47593
person shall be employed by a state community college, community	47594
college, or technical college. Of the two persons appointed from	47595
an institution of higher education that has a certificate of	47596
authorization under Chapter 1713. of the Revised Code and from a	47597
state university or university branch, one shall be employed in a	47598
college of education and one shall be employed in a college of	47599
arts and sciences.	47600

(3) The superintendent of public instruction or a designee of	47601
the superintendent, the chancellor of the Ohio board of regents or	47602
a designee of the chancellor, and the chairpersons and the ranking	47603
minority members of the education committees of the senate and	47604
house of representatives shall serve as nonvoting, ex officio	47605
members.	47606

(B) ~~Initial terms of office for nine members shall be for two~~	47607
~~years and three years for eight members, beginning on the day all~~	47608
~~members are appointed to the board. At the first meeting of the~~	47609
~~board, members shall draw lots to determine the length of the term~~	47610
~~each member shall serve. Thereafter terms~~Terms of office shall be	47611
for two years. Each member shall hold office from the date of the	47612
member's appointment until the end of the term for which the	47613
member was appointed. At the first meeting, appointed members	47614
shall select a chairperson and a vice-chairperson. Vacancies on	47615
the board shall be filled in the same manner as ~~the original~~	47616
prescribed for appointments under division (A) of this section.	47617
Any member appointed to fill a vacancy occurring prior to the	47618
expiration of the term for which the member's predecessor was	47619
appointed shall hold office for the remainder of such term. Any	47620
member shall continue in office subsequent to the expiration date	47621
of the member's term until the member's successor takes office, or	47622
until a period of sixty days has elapsed, whichever occurs first.	47623
The terms of office of members are renewable.	47624

47625

(D) The board shall establish guidelines for its operation.	47626
These guidelines shall require the creation of a standing	47627
subcommittee on higher education, and shall permit the creation of	47628
other standing subcommittees when necessary. The board shall	47629
determine the membership of any subcommittee it creates. The board	47630
may select persons who are not members of the board to participate	47631
in the deliberations of any subcommittee as representatives of	47632
stakeholder groups, but no such person shall vote on any issue	47633
before the subcommittee.	47634

Sec. 3319.61. (A) The educator standards board, in	47635
consultation with the chancellor of the Ohio board of regents,	47636
shall do all of the following:	47637

(1) Develop state standards for teachers and principals that	47638
reflect what teachers and principals are expected to know and be	47639
able to do at all stages of their careers. These standards shall	47640
be aligned with the statewide academic content standards for	47641
students adopted pursuant to section 3301.079 of the Revised Code,	47642
be primarily based on educator performance instead of years of	47643
experience or certain courses completed, and rely on	47644
evidence-based factors. These standards shall also be aligned with	47645
the operating standards adopted under division (D)(3) of section	47646
3301.07 of the Revised Code.	47647

(a) The standards for teachers shall reflect the following	47648
additional criteria:	47649

(i) Alignment with the interstate new teacher assessment and	47650
support consortium standards;	47651

(ii) Differentiation among novice, experienced, and advanced	47652
teachers;	47653

(iii) Reliance on competencies that can be measured;

47654

(iv) Reliance on content knowledge, teaching skills,	47655
discipline-specific teaching methods, and requirements for	47656
professional development;	47657

(v) Alignment with a career-long system of professional	47658
development and evaluation that ensures teachers receive the	47659
support and training needed to achieve the teaching standards as	47660
well as reliable feedback about how well they meet the standards;	47661

(vi) The standards under section 3301.079 of the Revised	47662
Code, including standards on collaborative learning environments	47663
and interdisciplinary, project-based real world learning,	47664
differentiated instruction, and community service learning;	47665

(vii) The Ohio leadership framework.

47666

(b) The standards for principals shall be aligned with the	47667
interstate school leaders licensing consortium standards.	47668

(2) Develop standards for school district superintendents	47669
that reflect what superintendents are expected to know and be able	47670
to do at all stages of their careers. The standards shall reflect	47671
knowledge of systems theory and effective management principles	47672
and be aligned with the buckeye association of school	47673
administrators standards and operating standards developed under	47674
division (D)(3) of section 3301.07 of the Revised Code.	47675

(3) Develop standards for school district treasurers and	47676
business managers that reflect what treasurers and business	47677
managers are expected to know and be able to do at all stages of	47678
their careers. The standards shall reflect knowledge of systems	47679
theory and effective management principles and be aligned with the	47680
association of school business officials international standards	47681
and the operating standards developed under division (D)(3) of	47682
section 3301.07 of the Revised Code.	47683

(4) Develop standards for the renewal of ~~educator~~ licenses	47684
under ~~section~~sections 3319.22 and 3301.074 of the Revised Code;	47685

~~(3)~~(5) Develop standards for educator professional	47686
development;	47687

(6) Investigate and make recommendations for the creation,	47688
expansion, and implementation of school building and school	47689
district leadership academies.	47690

The superintendent of public instruction, the chancellor of	47691
the Ohio board of regents, or the education standards board itself	47692
may request that the educator standards board update, review, or	47693
reconsider any standards developed under this section.	47694

(B) The educator standards board shall incorporate indicators	47695
of cultural competency into the standards developed under division	47696
(A) of this section. For this purpose, the educator standards	47697
board shall develop a definition of cultural competency based upon	47698
content and experiences that enable educators to know, understand,	47699
and appreciate the students, families, and communities that they	47700
serve and skills for addressing cultural diversity in ways that	47701
respond equitably and appropriately to the cultural needs of	47702
individual students.	47703

(C) In developing the standards under division (A) of this	47704
section, the educator standards board shall consider the impact of	47705
the standards on closing the achievement gap between students of	47706
different subgroups.	47707

(D) In developing the standards under division (A) of this	47708
section, the educator standards board shall ensure ~~that~~both of	47709
the following:	47710

(1) That teachers ~~and principals~~ have sufficient knowledge to	47711
provide appropriate instruction for students identified as gifted	47712
pursuant to Chapter 3324. of the Revised Code and to assist in the	47713
identification of such students, and have sufficient knowledge	47714
that will enable teachers to provide learning opportunities for	47715
all children to succeed;	47716

(2) That principals, superintendents, school treasurers, and	47717
school business managers have sufficient knowledge to provide	47718
principled, collaborative, foresighted, and data-based leadership	47719
that will provide learning opportunities for all children to	47720
succeed.	47721

(E) The standards for educator professional development	47722
developed under division (A)~~(3)~~(5) of this section shall include	47723
standards that address the crucial link between academic	47724
achievement and mental health issues.	47725

(F) The educator standards board shall also perform the	47726
following functions:	47727

(1) ~~Collaborate with colleges and universities that offer~~	47728
~~teacher preparation programs approved pursuant to section 3319.23~~	47729
~~of the Revised Code to align teacher and principal preparation~~	47730
~~courses with the standards developed under division (A) of this~~	47731
~~section and with student academic content standards adopted under~~	47732
~~section 3301.079 of the Revised Code. The educator standards board~~	47733
~~shall study the model developed by the college of food,~~	47734
~~agricultural, and environmental sciences and the college of~~	47735
~~education of the Ohio state university for aligning teacher~~	47736
~~preparation programs in agricultural education with recognized~~	47737
~~standards for this purpose.~~	47738

~~(2)~~ Monitor compliance with the ~~teacher and principal~~	47739
standards developed under division (A) of this section and make	47740
recommendations to the state board of education for appropriate	47741
corrective action if such standards are not met;	47742

~~(3)~~(2) Research, develop, and recommend policies on the	47743
professions of teaching and school administration;	47744

~~(4)~~(3) Recommend policies to close the achievement gap	47745
between students of different subgroups;	47746

~~(5) Define a "master teacher" in a manner that can be used~~	47747
~~uniformly by all school districts~~(4) Adopt criteria that a	47748
candidate for a lead professional educator license under section	47749
3319.22 of the Revised Code who does not hold a valid certificate	47750
issued by the national board for professional teaching standards	47751
must meet to be considered a lead teacher for purposes of division	47752
(B)(4)(d) of that section. It is the intent of the general	47753
assembly that ~~when defining "master teacher,"~~ the educator	47754
standards board shall adopt multiple, equal-weighted criteria to	47755
use in determining whether a person is a ~~master~~lead teacher. ~~Such~~	47756
The criteria shall be in addition to the other standards and	47757
qualifications prescribed in division (B)(4) of section 3319.22 of	47758
the Revised Code. The criteria may include, but shall not be	47759
limited to, ~~attainment of a master's degree in an appropriate~~	47760
~~subject area,~~ completion of ~~other~~ educational levels beyond a	47761
master's degree or other professional development courses,	47762
~~certification by the national board for professional teaching~~	47763
~~standards,~~ or demonstration of a leadership role in the teacher's	47764
school building or district. The board shall determine the number	47765
of criteria that a teacher shall satisfy to be recognized as a	47766
~~master~~lead teacher, which shall not be the total number of	47767
criteria adopted by the board.	47768

(5) Develop model teacher and principal evaluation	47769
instruments and processes. The models shall be based on the	47770
standards developed under division (A) of this section.	47771

(G) The educator standards board shall submit recommendations	47772
of standards developed under division (A) of this section to the	47773
state board of education ~~within one year after the educator~~	47774
~~standards board first convenes~~not later than September 1, 2010.	47775
The state board of education shall review those recommendations at	47776
the state board's regular meeting that next succeeds the date that	47777
the recommendations are submitted to the state board. At that	47778
meeting, the state board of education shall vote to either adopt	47779
standards based on those recommendations or request that the	47780
educator standards board reconsider its recommendations. The state	47781
board of education shall articulate reasons for requesting	47782
reconsideration of the recommendations but shall not direct the	47783
content of the recommendations. The educator standards board shall	47784
reconsider its recommendations if the state board of education so	47785
requests, may revise the recommendations, and shall resubmit the	47786
recommendations, whether revised or not, to the state board not	47787
later than two weeks prior to the state board's regular meeting	47788
that next succeeds the meeting at which the state board requested	47789
reconsideration of the initial recommendations. The state board of	47790
education shall review the recommendations as resubmitted by the	47791
educator standards board at the state board's regular meeting that	47792
next succeeds the meeting at which the state board requested	47793
reconsideration of the initial recommendations and may adopt the	47794
standards as resubmitted or, if the resubmitted standards have not	47795
addressed the state board's concerns, the state board may modify	47796
the standards prior to adopting them. The final responsibility to	47797
determine whether to adopt standards as described in division (A)	47798
of this section and the content of those standards, if adopted,	47799
belongs solely to the state board of education.	47800

Sec. 3319.611. The subcommittee on standards for	47801
superintendents of the education standards board is hereby	47802
established. The subcommittee shall consist of the following	47803
members:	47804

(A) The school district superintendent appointed to the	47805
educator standards board under section 3319.60 of the Revised	47806
Code, who shall act as chairperson of the subcommittee;	47807

(B) Three additional school district superintendents	47808
appointed by the state board of education, for terms of two years.	47809
The buckeye association of school administrators shall submit a	47810
list of six nominees for appointments under this section.	47811

(C) Three additional members of the educator standards board,	47812
appointed by the chairperson of the educator standards board;	47813

(D) The superintendent of public instruction and the	47814
chancellor of the Ohio board of regents, or their designees, who	47815
shall serve as nonvoting, ex officio members of the subcommittee.	47816

Members of the subcommittee shall receive no compensation for	47817
their services. The members appointed under divisions (B) and (C)	47818
of this section may be reappointed.	47819

The subcommittee shall assist the educator standards board in	47820
developing the standards for superintendents and with any	47821
additional matters the educator standards board directs the	47822
subcommittee to examine.	47823

Sec. 3319.612. The subcommittee on standards for school	47824
treasurers and business managers of the educator standards board	47825
is hereby established. The subcommittee shall consist of the	47826
following members:	47827

(A) The school district treasurer or business manager	47828
appointed to the educator standards board under section 3319.60 of	47829
the Revised Code, who shall act as chairperson of the	47830
subcommittee;	47831

(B) Three additional school district treasurers or business	47832
managers appointed by the state board of education for terms of	47833
two years. The Ohio association of school business officials shall	47834
submit a list of six nominees for appointments under this section.	47835

(C) Three additional members of the educator standards board,	47836
appointed by the chairperson of the educator standards board;	47837

(D) The superintendent of public instruction and the	47838
chancellor of the Ohio board of regents, or their designees, who	47839
shall serve as nonvoting, ex officio members of the subcommittee.	47840

Members of the subcommittee shall receive no compensation for	47841
their services. The members appointed under divisions (B) and (C)	47842
of this section may be reappointed.	47843

The subcommittee shall assist the educator standards board in	47844
developing the standards for school treasurers and business	47845
managers and with any additional matters the educator standards	47846
board directs the subcommittee to examine.	47847

Sec. 3319.63. The board of education of a school district	47848
that employs any person who is appointed to serve as a member of	47849
the educator standards board under division (A)(1)(a) or ~~(3)~~(c) of	47850
section 3319.60, as a member of the subcommittee on standards for	47851
superintendents under division (B) or (C) of section 3319.611, or	47852
as a member of the subcommittee on standards for school	47853
treasurers and business managers under division (B) or (C) of	47854
section 3319.612 of the Revised Code shall grant that person paid	47855
professional leave for the purpose of attending meetings and	47856
conducting official business of the educator standards board and	47857
the subcommittees.	47858

Sec. 3319.70. (A) The school health services advisory council	47859
is hereby established. The council shall consist of the following	47860
members:	47861

(1) A registered nurse licensed under Chapter 4723. of the	47862
Revised Code who also is licensed as a school nurse pursuant to	47863
section 3319.221 or former section 3319.22 of the Revised Code and	47864
is a member of the Ohio association of school nurses, appointed by	47865
the governor;	47866

(2) A representative of the board of nursing, appointed by	47867
the governor;	47868

(3) A representative of the department of health who has	47869
expertise in school and adolescent health services, appointed by	47870
the director of health;	47871

(4) A representative of the department of education,	47872
appointed by the superintendent of public instruction;	47873

(5) A representative of the chancellor of the Ohio board of	47874
regents, appointed by the chancellor;	47875

(6) A representative of a nurse education program, appointed	47876
by the chancellor;	47877

(7) A representative of the department of development who has	47878
expertise in workforce development, appointed by the director of	47879
development;	47880

(8) A representative of the department of job and family	47881
services who has expertise in child and adolescent care, appointed	47882
by the director of job and family services;	47883

(9) A representative of the public, appointed by the	47884
governor.	47885

(B) Initial appointments to the council shall be made within	47886
thirty days after the effective date of this section. Members of	47887
the council shall serve at the pleasure of their appointing	47888
authorities. Vacancies shall be filled in the same manner as the	47889
original appointment. Members shall receive no compensation for	47890
their services, except to the extent that service on the council	47891
is part of their regular employment duties.	47892

(C) The representative of the department of education shall	47893
call the first meeting of the council. At that meeting, the	47894
members shall select a chairperson and vice-chairperson.	47895
Subsequent meetings of the council shall be held at the call of	47896
the chairperson.	47897

Sec. 3319.71. (A) The school health services advisory council	47898
shall make recommendations on the following topics:	47899

(1) The content of the course of instruction required to	47900
obtain a school nurse license under section 3319.221 of the	47901
Revised Code;	47902

(2) The content of the course of instruction required to	47903
obtain a school nurse wellness coordinator license under section	47904
3319.221 of the Revised Code;	47905

(3) Best practices for the use of school nurses and school	47906
nurse wellness coordinators in providing health and wellness	47907
programs for students and employees of school districts, community	47908
schools established under Chapter 3314. of the Revised Code, and	47909
STEM schools established under Chapter 3326. of the Revised Code.	47910

(B) The council shall issue its initial recommendations not	47911
later than March 31, 2010, and may issue subsequent	47912
recommendations as it considers necessary. Copies of all	47913
recommendations shall be provided to the state board of education,	47914
the chancellor of the Ohio board of regents, the board of	47915
nursing, and the health care coverage and quality council.	47916

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	47917
"guardian," or "other person having charge or care of a child"	47918
means either parent unless the parents are separated or divorced	47919
or their marriage has been dissolved or annulled, in which case	47920
"parent" means the parent who is the residential parent and legal	47921
custodian of the child. If the child is in the legal or permanent	47922
custody of a person or government agency, "parent" means that	47923
person or government agency. When a child is a resident of a home,	47924
as defined in section 3313.64 of the Revised Code, and the child's	47925
parent is not a resident of this state, "parent," "guardian," or	47926
"other person having charge or care of a child" means the head of	47927
the home.	47928

A child between six and eighteen years of age is "of	47929
compulsory school age" for the purpose of sections 3321.01 to	47930
3321.13 of the Revised Code. A child under six years of age who	47931
has been enrolled in kindergarten also shall be considered "of	47932
compulsory school age" for the purpose of sections 3321.01 to	47933
3321.13 of the Revised Code unless at any time the child's parent	47934
or guardian, at the parent's or guardian's discretion and in	47935
consultation with the child's teacher and principal, formally	47936
withdraws the child from kindergarten. The compulsory school age	47937
of a child shall not commence until the beginning of the term of	47938
such schools, or other time in the school year fixed by the rules	47939
of the board of the district in which the child resides.	47940

(2) No child shall be admitted to a kindergarten or a first	47941
grade of a public school in a district in which all children are	47942
admitted to kindergarten and the first grade in August or	47943
September unless the child is five or six years of age,	47944
respectively, by the thirtieth day of September of the year of	47945
admittance, or by the first day of a term or semester other than	47946
one beginning in August or September in school districts granting	47947
admittance at the beginning of such term or semester, except that	47948
in those school districts using or obtaining educationally	47949
accepted standardized testing programs for determining entrance,	47950
as approved by the board of education of such districts, the board	47951
shall admit a child to kindergarten or the first grade who fails	47952
to meet the age requirement, provided the child meets necessary	47953
standards as determined by such standardized testing programs. If	47954
the board of education has not established a standardized testing	47955
program, the board shall designate the necessary standards and a	47956
testing program it will accept for the purpose of admitting a	47957
child to kindergarten or first grade who fails to meet the age	47958
requirement. Each child who will be the proper age for entrance to	47959
kindergarten or first grade by the first day of January of the	47960
school year for which admission is requested shall be so tested	47961
upon the request of the child's parent.	47962

(3) Notwithstanding divisions (A)(2) and (D) of this section,	47963
beginning with the school year that starts in 2001 and continuing	47964
thereafter the board of education of any district may adopt a	47965
resolution establishing the first day of August in lieu of the	47966
thirtieth day of September as the required date by which students	47967
must have attained the age specified in those divisions.	47968

(B) As used in divisions (C) and (D) of this section,	47969
"successfully completed kindergarten" and "successful completion	47970
of kindergarten" mean that the child has completed the	47971
kindergarten requirements at one of the following:	47972

(1) A public or chartered nonpublic school;

47973

(2) A kindergarten class that is both of the following:

47974

(a) Offered by a day-care provider licensed under Chapter	47975
5104. of the Revised Code;	47976

(b) If offered after July 1, 1991, is directly taught by a	47977
teacher who holds one of the following:	47978

(i) A valid educator license issued under section 3319.22 of	47979
the Revised Code;	47980

(ii) A Montessori preprimary credential or age-appropriate	47981
diploma granted by the American Montessori society or the	47982
association Montessori internationale;	47983

(iii) Certification determined under division (G) of this	47984
section to be equivalent to that described in division	47985
(B)(2)(b)(ii) of this section;	47986

(iv) Certification for teachers in nontax-supported schools	47987
pursuant to section 3301.071 of the Revised Code.	47988

(C) Except as provided in division (D) of this section, no	47989
school district shall admit to the first grade any child who has	47990
not successfully completed kindergarten.	47991

(D) Upon request of a parent, the requirement of division (C)	47992
of this section may be waived by the district's pupil personnel	47993
services committee in the case of a child who is at least six	47994
years of age by the thirtieth day of September of the year of	47995
admittance and who demonstrates to the satisfaction of the	47996
committee the possession of the social, emotional, and cognitive	47997
skills necessary for first grade.	47998

The board of education of each city, local, and exempted	47999
village school district shall establish a pupil personnel services	48000
committee. The committee shall be composed of all of the following	48001
to the extent such personnel are either employed by the district	48002
or employed by the governing board of the educational service	48003
center within whose territory the district is located and the	48004
educational service center generally furnishes the services of	48005
such personnel to the district:	48006

(1) The director of pupil personnel services;

48007

(2) An elementary school counselor;

48008

(3) An elementary school principal;

48009

(4) A school psychologist;

48010

(5) A teacher assigned to teach first grade;

48011

(6) A gifted coordinator.

48012

The responsibilities of the pupil personnel services	48013
committee shall be limited to the issuing of waivers allowing	48014
admittance to the first grade without the successful completion of	48015
kindergarten. The committee shall have no other authority except	48016
as specified in this section.	48017

(E) The scheduling of times for kindergarten classes and	48018
length of the school day for kindergarten shall be determined by	48019
the board of education of a city, exempted village, or local	48020
school district, subject to section 3321.05 of the Revised Code.	48021

(F) Any kindergarten class offered by a day-care provider or	48022
school described by division (B)(1) or (B)(2)(a) of this section	48023
shall be developmentally appropriate.	48024

(G) Upon written request of a day-care provider described by	48025
division (B)(2)(a) of this section, the department of education	48026
shall determine whether certification held by a teacher employed	48027
by the provider meets the requirement of division (B)(2)(b)(iii)	48028
of this section and, if so, shall furnish the provider a statement	48029
to that effect.	48030

(H) ~~As used in this division, "all-day kindergarten" has the~~	48031
~~same meaning as in section 3317.029 of the Revised Code.~~	48032

~~(1) Any school district that is not eligible to receive~~	48033
~~poverty-based assistance for all-day kindergarten under division~~	48034
~~(D) of section 3317.029 of the Revised Code may charge fees or~~	48035
~~tuition for students enrolled in all-day kindergarten. If a~~	48036
~~district charges fees or tuition for all-day kindergarten under~~	48037
~~this division, the district shall develop a sliding fee scale~~	48038
~~based on family incomes.~~	48039

~~(2)~~ The department of education shall conduct an annual	48040
survey of each school district ~~described in division (H)(1) of~~	48041
~~this section~~ to determine the following:	48042

~~(a) Whether the district charges fees or tuition for students~~	48043
~~enrolled in all-day kindergarten;~~	48044

~~(b) The amount of the fees or tuition charged;~~

48045

~~(c)~~(1) How many ~~of the~~ students ~~for whom tuition is charged~~	48046
are eligible for free lunches under the "National School Lunch	48047
Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the	48048
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as	48049
amended~~, and how many of the students for whom tuition is charged~~	48050
~~are eligible for reduced price lunches under those acts;~~	48051

~~(d)~~(2) How many students are enrolled in ~~traditional~~ half-day	48052
kindergarten ~~rather than~~and how many students are enrolled in	48053
all-day kindergarten, as defined in section 3321.05 of the Revised	48054
Code.	48055

Each district shall report to the department, in the manner	48056
prescribed by the department, the information ~~described in~~	48057
~~divisions (H)(2)(a) to (d) of this section~~required by this	48058
division.	48059

The department shall issue an annual report on the results of	48060
the survey and shall post the report on its web site. The	48061
department shall issue the first report not later than April 30,	48062
2008, and shall issue a report not later than the thirtieth day of	48063
April each year thereafter.	48064

Sec. 3321.041. (A) As used in this section, "extracurricular	48065
activity" means a pupil activity program that a school or school	48066
district operates and is not included in the school district's	48067
graded course of study, including an interscholastic	48068
extracurricular activity that a school or school district sponsors	48069
or participates in and that has participants from more than one	48070
school or school district.	48071

(B) Beginning in the 2009-2010 school year, if a student	48072
enrolled in a school district is absent from school for the sole	48073
purpose of traveling out of the state to participate in an	48074
enrichment activity approved by the district board of education or	48075
in an extracurricular activity, the district shall count that	48076
absence as an excused absence, up to a maximum of four days per	48077
school year. The district shall require any such student to	48078
complete any classroom assignments that the student misses because	48079
of the absence.	48080

(C) If a student will be absent from school for four or more	48081
consecutive school days for a purpose described in division (B) of	48082
this section, a classroom teacher employed by the school district	48083
shall accompany the student during the travel period to provide	48084
the student with instructional assistance.	48085

Sec. 3321.05. (A) As used in this section, "all-day	48086
kindergarten" means a kindergarten class that is in session five	48087
days per week for not less than the same number of clock hours	48088
each day as for students in grades one through six.	48089

(B) Any school district may operate all-day kindergarten or	48090
extended kindergarten, but nobeginning in fiscal year 2011, each	48091
city, local, and exempted village school district shall provide	48092
all-day kindergarten to each student enrolled in kindergarten,	48093
except as specified in divisions (C) and (D) of this section.	48094

(C) The board of education of a school district may apply to	48095
the superintendent of public instruction for a waiver of the	48096
requirement to provide all-day kindergarten for all kindergarten	48097
students. In making the determination to grant or deny the waiver,	48098
the state superintendent may consider space concerns or	48099
alternative delivery approaches used by the school district.	48100

(D) No district shall require any student to attend	48101
kindergarten for more than one-half of the number of clock hours	48102
required each day for ~~traditional kindergarten~~grades one through	48103
six by the minimum standards adopted under division (D) of section	48104
3301.07 of the Revised Code. Each school district ~~that operates~~	48105
~~all-day or extended kindergarten~~ shall accommodate kindergarten	48106
students whose parents or guardians elect to enroll them for	48107
one-half of the minimum number of hours required each day for	48108
grades one through six.	48109

(E) A school district may use space in child day-care centers	48110
licensed under Chapter 5104. of the Revised Code to provide	48111
all-day kindergarten under this section.	48112

Sec. 3323.05. The state board of education shall establish	48113
procedures to ensure that children with disabilities and their	48114
parents are guaranteed procedural safeguards under this chapter	48115
with respect to a free appropriate public education.	48116

The procedures shall include, but need not be limited to:

48117

(A) An opportunity for the parents of a child with a	48118
disability to examine all records related to the child and to	48119
participate in meetings with respect to identification,	48120
evaluation, and educational placement of the child, and to	48121
obtain an independent educational evaluation of the child;	48122

(B) Procedures to protect the rights of the child whenever	48123
the parents of the child are not known, an agency after making	48124
reasonable efforts cannot find the parents, or the child is a	48125
ward of the state, including the assignment~~, in accordance with~~	48126
~~section 3323.051 of the Revised Code,~~ of an individual to act as	48127
a surrogate for the parents;made by the school district or other	48128
educational agency responsible for educating the child or by the	48129
court with jurisdiction over the child's custody. Such assignment	48130
shall be made in accordance with section 3323.051 of the Revised	48131
Code.	48132

(C) Prior written notice to the child's parents of a school	48133
district's proposal or refusal to initiate or change the	48134
identification, evaluation, or educational placement of the child	48135
or the provision of a free appropriate education for the child.	48136
The procedures established under this division shall:	48137

(1) Be designed to ensure that the written prior notice is in	48138
the native language of the parents, unless it clearly is not	48139
feasible to do so.	48140

(2) Specify that the prior written notice shall include:

48141

(a) A description of the action proposed or refused by the	48142
district;	48143

(b) An explanation of why the district proposes or refuses to	48144
take the action and a description of each evaluation procedure,	48145
assessment, record, or report the district used as a basis for the	48146
proposed or refused action;	48147

(c) A statement that the parents of a child with a disability	48148
have protection under the procedural safeguards and, if the notice	48149
is not in regard to an initial referral for evaluation, the means	48150
by which a copy of a description of the procedural safeguards can	48151
be obtained;	48152

(d) Sources for parents to contact to obtain assistance in	48153
understanding the provisions of Part B of the "Individuals with	48154
Disabilities Education Improvement Act of 2004";	48155

(e) A description of other options considered by the IEP team	48156
and the reason why those options were rejected;	48157

(f) A description of the factors that are relevant to the	48158
agency's proposal or refusal.	48159

(D) An opportunity for the child's parents to present	48160
complaints to the superintendent of the child's school district	48161
of residence with respect to any matter relating to the	48162
identification, evaluation, or educational placement of the child,	48163
or the provision of a free appropriate public education under	48164
this chapter.	48165

Within twenty school days after receipt of a complaint, the	48166
district superintendent or the superintendent's designee, without	48167
undue delay and at a time and place convenient to all parties,	48168
shall review the case, may conduct an administrative review, and	48169
shall notify all parties in writing of the superintendent's or	48170
designee's decision. Where the child is placed in a program	48171
operated by a county MR/DD board or other educational agency, the	48172
superintendent shall consult with the administrator of that county	48173
MR/DD board or agency.	48174

Any party aggrieved by the decision of the district	48175
superintendent or the superintendent's designee may file a	48176
complaint with the state board as provided under division (E) of	48177
this section, request mediation as provided under division (F) of	48178
this section, or present a due process complaint notice and	48179
request for a due process hearing in writing to the superintendent	48180
of the district, with a copy to the state board, as provided under	48181
division (G) of this section.	48182

(E) An opportunity for a party to file a complaint with the	48183
state board of education with respect to the identification,	48184
evaluation, or educational placement of the child, or the	48185
provision of a free appropriate public education to such child.	48186
The department of education shall review and, where appropriate,	48187
investigate the complaint and issue findings.	48188

(F) An opportunity for parents and a school district to	48189
resolve through mediation disputes involving any matter.	48190

(1) The procedures established under this section shall	48191
ensure that the mediation process is voluntary on the part of the	48192
parties, is not used to deny or delay a parent's right to a due	48193
process hearing or to deny any other rights afforded under this	48194
chapter, and is conducted by a qualified and impartial mediator	48195
who is trained in effective mediation techniques.	48196

(2) A school district may establish procedures to offer to	48197
parents and schools that choose not to use the mediation process,	48198
an opportunity to meet, at a time and location convenient to the	48199
parents, with a disinterested party to encourage the use, and	48200
explain the benefits, of the mediation process to the parents. The	48201
disinterested party shall be an individual who is under contract	48202
with a parent training and information center or community parent	48203
resource center in the state or is under contract with an	48204
appropriate alternative dispute resolution entity.	48205

(3) The department shall maintain a list of individuals who	48206
are qualified mediators and knowledgeable in laws and regulations	48207
relating to the provision of special education and related	48208
services.	48209

(4) The department shall bear the cost of the mediation	48210
process, including the costs of meetings described in division	48211
(F)(2) of this section.	48212

(5) Each session in the mediation process shall be scheduled	48213
in a timely manner and shall be held in a location that is	48214
convenient to the parties to the dispute.	48215

(6) Discussions that occur during the mediation process shall	48216
be confidential and shall not be used as evidence in any	48217
subsequent due process hearing or civil proceeding.	48218

(7) In the case that a resolution is reached to resolve the	48219
complaint through the mediation process, the parties shall execute	48220
a legally binding agreement that sets forth the resolution and	48221
that:	48222

(a) States that all discussions that occurred during the	48223
mediation process shall be confidential and shall not be used as	48224
evidence in any subsequent due process hearing or civil	48225
proceeding;	48226

(b) Is signed by both the parent and a representative for the	48227
school district who has the authority to bind the district;	48228

(c) Is enforceable in any state court of competent	48229
jurisdiction or in a district court of the United States.	48230

(G)(1) An opportunity for parents or a school district to	48231
present a due process complaint and request for a due process	48232
hearing to the superintendent of the school district of the	48233
child's residence with respect to the identification, evaluation,	48234
or educational placement of the child, or the provision of a free	48235
appropriate public education to the child. The party presenting	48236
the due process complaint and request for a due process hearing	48237
shall provide due process complaint notice to the other party and	48238
forward a copy of the notice to the state board. The due process	48239
complaint notice shall include:	48240

(a) The name of the child, the address of the residence of	48241
the child, or the available contact information in the case of a	48242
homeless child, and the name of the school the child is attending;	48243

(b) A description of the nature of the problem of the child	48244
relating to the proposed initiation or change, including facts	48245
relating to the problem;	48246

(c) A proposed resolution of the problem to the extent known	48247
and available to the party at the time.	48248

A party shall not have a due process hearing until the party,	48249
or the attorney representing the party, files a notice that meets	48250
the requirement for filing a due process complaint notice.	48251

A due process hearing shall be conducted by an impartial	48252
hearing officer in accordance with standards and procedures	48253
adopted by the state board. A hearing officer shall not be an	48254
employee of the state board or any agency involved in the	48255
education or care of the child or a person having a personal or	48256
professional interest that conflicts with the person's objectivity	48257
in the hearing. A hearing officer shall possess knowledge of, and	48258
the ability to understand, the provisions of the "Individuals with	48259
Disabilities Education Improvement Act of 2004," federal and state	48260
regulations pertaining to that act, and legal interpretations of	48261
that act by federal and state courts; possess the knowledge and	48262
ability to conduct hearings in accordance with appropriate	48263
standard legal practice; and possess the knowledge and ability to	48264
render and write decisions in accordance with appropriate standard	48265
legal practice. The due process requirements of section 615 of the	48266
"Individuals with Disabilities Education Improvement Act of 2004,"	48267
20 U.S.C. 1415, apply to due process complaint notices and	48268
requests for due process hearings and to due process hearings held	48269
under division (G) of this section, including, but not limited to,	48270
timelines for requesting hearings, requirements for sufficient	48271
complaint notices, resolution sessions, and sufficiency and	48272
hearing decisions.	48273

(2) Discussions that occur during a resolution session shall	48274
be confidential and shall not be used as evidence in any	48275
subsequent due process hearing or civil proceeding. If a	48276
resolution to the dispute is reached at a resolution session, the	48277
parties must execute a legally binding written settlement	48278
agreement which shall state that all discussions that occurred	48279
during the resolution process shall be confidential and shall not	48280
be used as evidence in any subsequent due process hearing or civil	48281
proceeding.	48282

(3) A party to a hearing under division (G) of this section	48283
shall be accorded:	48284

(a) The right to be accompanied and advised by counsel and by	48285
individuals with special knowledge or training with respect to the	48286
problems of children with disabilities;	48287

(b) The right to present evidence and confront,	48288
cross-examine, and compel the attendance of witnesses;	48289

(c) The right to a written or electronic verbatim record of	48290
the hearing;	48291

(d) The right to written findings of fact and decisions,	48292
which findings of fact and decisions shall be made available to	48293
the public consistent with the requirements relating to the	48294
confidentiality of personally identifiable data, information, and	48295
records collected and maintained by state educational agencies and	48296
local educational agencies; and shall be transmitted to the	48297
advisory panel established and maintained by the department for	48298
the purpose of providing policy guidance with respect to special	48299
education and related services for children with disabilities in	48300
the state.	48301

(H) An opportunity for any party aggrieved by the findings	48302
and decision rendered in a hearing under division (G) of this	48303
section to appeal within forty-five days of notification of the	48304
decision to the state board, which shall appoint a state level	48305
officer who shall review the case and issue a final order. The	48306
state level officer shall be appointed and shall review the case	48307
in accordance with standards and procedures adopted by the state	48308
board.	48309

Any party aggrieved by the final order of the state level	48310
officer may appeal the final order, in accordance with Chapter	48311
119. of the Revised Code, within forty-five days after	48312
notification of the order to the court of common pleas of the	48313
county in which the child's school district of residence is	48314
located, or to a district court of the United States within	48315
ninety days after the date of the decision of the state level	48316
review officer, as provided in section 615(i)(2) of the	48317
"Individuals with Disabilities Education Improvement Act of	48318
2004," 20 U.S.C. 1415(i)(2).	48319

Sec. 3323.091. (A) The department of mental health, the	48320
department of mental retardation and developmental disabilities,	48321
the department of youth services, and the department of	48322
rehabilitation and correction shall establish and maintain special	48323
education programs for children with disabilities in institutions	48324
under their jurisdiction according to standards adopted by the	48325
state board of education.	48326

(B) The superintendent of each state institution required to	48327
provide services under division (A) of this section, and each	48328
county MR/DD board, providing special education for preschool	48329
children with disabilities under this chapter may apply to the	48330
state department of education for unit funding, which shall be	48331
paid in accordance with sections 3317.052 and 3317.053 of the	48332
Revised Code.	48333

The superintendent of each state institution required to	48334
provide services under division (A) of this section may apply to	48335
the department of education for special education and related	48336
services weighted funding for children with disabilities other	48337
than preschool children with disabilities, calculated in	48338
accordance with section 3317.201 of the Revised Code.	48339

Each county MR/DD board providing special education for	48340
children with disabilities other than preschool children with	48341
disabilities may apply to the department of education for base	48342
cost and special education and related services weighted funding	48343
calculated in accordance with section 3317.20 of the Revised	48344
Code.	48345

(C) In addition to the authorization to apply for state	48346
funding described in division (B) of this section, each state	48347
institution required to provide services under division (A) of	48348
this section is entitled to tuition payments calculated in the	48349
manner described in division (C) of this section.	48350

On or before the thirtieth day of June of each year, the	48351
superintendent of each institution that during the school year	48352
provided special education pursuant to this section shall prepare	48353
a statement for each child with a disability under twenty-two	48354
years of age who has received special education. The statement	48355
shall contain the child's data verification code assigned	48356
pursuant to division (D)(2) of section 3301.0714 of the Revised	48357
Code and the name of the child's school district of residence.	48358
Within sixty days after receipt of such statement, the department	48359
of education shall perform one of the following:	48360

(1) For any child except a preschool child with a disability	48361
described in division (C)(2) of this section, pay to the	48362
institution submitting the statement an amount equal to the	48363
tuition calculated under division (A) of section 3317.08 of the	48364
Revised Code for the period covered by the statement, and deduct	48365
the same from the amount of state funds, if any, payable under	48366
sections ~~3317.022~~3306.13 and 3317.023 of the Revised Code, to the	48367
child's school district of residence or, if the amount of such	48368
state funds is insufficient, require the child's school district	48369
of residence to pay the institution submitting the statement an	48370
amount equal to the amount determined under this division.	48371

(2) For any preschool child with a disability not included	48372
in a unit approved under division (B) of section 3317.05 of the	48373
Revised Code, perform the following:	48374

(a) Pay to the institution submitting the statement an amount	48375
equal to the tuition calculated under division (B) of section	48376
3317.08 of the Revised Code for the period covered by the	48377
statement, except that in calculating the tuition under that	48378
section the operating expenses of the institution submitting the	48379
statement under this section shall be used instead of the	48380
operating expenses of the school district of residence;	48381

(b) Deduct from the amount of state funds, if any, payable	48382
under sections ~~3317.022~~3306.13 and 3317.023 of the Revised Code	48383
to the child's school district of residence an amount equal to the	48384
amount paid under division (C)(2)(a) of this section.	48385

Sec. 3323.14. This section does not apply to any preschool	48386
child with a disability except if included in a unit approved	48387
under division (B) of section 3317.05 of the Revised Code.	48388

(A) Where a child who is a school resident of one school	48389
district receives special education from another district and the	48390
per capita cost to the educating district for that child exceeds	48391
the sum of the amount received by the educating district for that	48392
child under division (A) of section 3317.08 of the Revised Code	48393
and the amount received by the district from the state board of	48394
education for that child, then the board of education of the	48395
district of residence shall pay to the board of the school	48396
district that is providing the special education such excess cost	48397
as is determined by using a formula approved by the department of	48398
education and agreed upon in contracts entered into by the boards	48399
of the districts concerned at the time the district providing	48400
such special education accepts the child for enrollment. The	48401
department shall certify the amount of the payments under ~~Chapter~~	48402
Chapters 3306. and 3317. of the Revised Code for such pupils	48403
with disabilities for each school year ending on the thirtieth	48404
day of July.	48405

(B) In the case of a child described in division (A) of this	48406
section who has been placed in a home, as defined in section	48407
3313.64 of the Revised Code, pursuant to the order of a court and	48408
who is not subject to section 3323.141 of the Revised Code, the	48409
district providing the child with special education and related	48410
services may charge to the child's district of residence the	48411
excess cost determined by formula approved by the department,	48412
regardless of whether the district of residence has entered into a	48413
contract with the district providing the services. If the district	48414
providing the services chooses to charge excess costs, the	48415
district may report the amount calculated under this division to	48416
the department.	48417

(C) If a district providing special education for a child	48418
reports an amount for the excess cost of those services, as	48419
authorized and calculated under division (A) or (B) of this	48420
section, the department shall pay that amount of excess cost to	48421
the district providing the services and shall deduct that amount	48422
from the child's district of residence in accordance with division	48423
(N) of section 3317.023 of the Revised Code.	48424

Sec. 3323.142. This section does not apply to any preschool	48425
child with a disability except if included in a unit approved	48426
under division (B) of section 3317.05 of the Revised Code.	48427

As used in this section, "per pupil amount" for a preschool	48428
child with a disability included in such an approved unit means	48429
the amount determined by dividing the amount received for the	48430
classroom unit in which the child has been placed by the number of	48431
children in the unit. For any other child, "per pupil amount"	48432
means the amount paid for the child under section 3317.20 of the	48433
Revised Code.	48434

When a school district places or has placed a child with a	48435
county MR/DD board for special education, but another district is	48436
responsible for tuition under section 3313.64 or 3313.65 of the	48437
Revised Code and the child is not a resident of the territory	48438
served by the county MR/DD board, the board may charge the	48439
district responsible for tuition with the educational costs in	48440
excess of the per pupil amount received by the board under ~~Chapter~~	48441
Chapters 3306. and 3317. of the Revised Code. The amount of the	48442
excess cost shall be determined by the formula established by	48443
rule of the department of education under section 3323.14 of the	48444
Revised Code, and the payment for such excess cost shall be made	48445
by the school district directly to the county MR/DD board.	48446

A school district board of education and the county MR/DD	48447
board that serves the school district may negotiate and contract,	48448
at or after the time of placement, for payments by the board of	48449
education to the county MR/DD board for additional services	48450
provided to a child placed with the county MR/DD board and whose	48451
individualized education program established pursuant to section	48452
3323.08 of the Revised Code requires additional services that are	48453
not routinely provided children in the county MR/DD board's	48454
program but are necessary to maintain the child's enrollment and	48455
participation in the program. Additional services may include, but	48456
are not limited to, specialized supplies and equipment for the	48457
benefit of the child and instruction, training, or assistance	48458
provided by staff members other than staff members for which	48459
funding is received under Chapter 3306. or 3317. of the Revised	48460
Code.	48461

Sec. 3324.05. (A) Each school district shall submit an	48462
annual report to the department of education specifying the number	48463
of students in each of grades kindergarten through twelfth	48464
screened, the number assessed, and the number identified as gifted	48465
in each category specified in section 3324.03 of the Revised Code.	48466

(B) The department of education shall audit each school	48467
district's identification numbers at least once every three years	48468
and may select any district at random or upon complaint or	48469
suspicion of noncompliance for a further audit to determine	48470
compliance with sections 3324.03 to 3324.06 of the Revised Code.	48471

(C) The department shall provide technical assistance to any	48472
district found in noncompliance under division (B) of this	48473
section. The department may reduce funds received by the district	48474
under ~~Chapter~~Chapters 3306. and 3317. of the Revised Code by any	48475
amount if the district continues to be noncompliant.	48476

Sec. 3325.08. (A) A diploma shall be granted by the	48477
superintendent of the state school for the blind and the	48478
superintendent of the state school for the deaf to any student	48479
enrolled in one of these state schools to whom all of the	48480
following apply:	48481

(1) The student has successfully completed the individualized	48482
education program developed for the student for the student's high	48483
school education pursuant to section 3323.08 of the Revised Code;	48484

(2) Subject to section 3313.614 of the Revised Code, the	48485
student has met the assessment requirements of division (A)(2)(a)	48486
or (b) of this section, as applicable.	48487

(a) If the student entered the ninth grade prior to the date	48488
prescribed by rule of the state board of education under division	48489
(E)(2) of section 3301.0712 of the Revised Code, the student	48490
either:	48491

~~(a)~~(i) Has attained at least the applicable scores designated	48492
under division (B)(1) of section 3301.0710 of the Revised Code on	48493
all the ~~tests~~assessments prescribed by that division unless	48494
division (L) of section 3313.61 of the Revised Code applies to the	48495
student;	48496

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	48497
in section 3313.615 of the Revised Code.	48498

(b) If the student entered the ninth grade on or after the	48499
date prescribed by rule of the state board under division (E)(2)	48500
of section 3301.0712 of the Revised Code, the student has	48501
attained on the entire assessment system prescribed under	48502
division (B)(2) of section 3301.0710 of the Revised Code at least	48503
the required passing composite score, designated under division	48504
(C)(1) of section 3301.0712 of the Revised Code, except to the	48505
extent that division (L) of section 3313.61 of the Revised Code	48506
applies to the student.	48507

(3) The student is not eligible to receive an honors diploma	48508
granted pursuant to division (B) of this section.	48509

No diploma shall be granted under this division to anyone	48510
except as provided under this division.	48511

(B) In lieu of a diploma granted under division (A) of this	48512
section, the superintendent of the state school for the blind and	48513
the superintendent of the state school for the deaf shall grant	48514
an honors diploma, in the same manner that the boards of	48515
education of school districts grant such diplomas under division	48516
(B) of section 3313.61 of the Revised Code, to any student	48517
enrolled in one of these state schools who accomplishes all of	48518
the following:	48519

(1) Successfully completes the individualized education	48520
program developed for the student for the student's high school	48521
education pursuant to section 3323.08 of the Revised Code;	48522

(2) Subject to section 3313.614 of the Revised Code, has met	48523
the assessment requirements of division (B)(2)(a) or (b) of this	48524
section, as applicable.	48525

(a) If the student entered the ninth grade prior to the date	48526
prescribed by rule of the state board under division (E)(2) of	48527
section 3301.0712 of the Revised Code, the student either:	48528

~~(a)~~(i) Has attained at least the applicable scores designated	48529
under division (B)(1) of section 3301.0710 of the Revised Code on	48530
all the ~~tests~~assessments prescribed under that division;	48531

~~(b)~~(ii) Has satisfied the alternative conditions prescribed	48532
in section 3313.615 of the Revised Code.	48533

(b) If the student entered the ninth grade on or after the	48534
date prescribed by rule of the state board under division (E)(2)	48535
of section 3301.0712 of the Revised Code, the student has	48536
attained on the entire assessment system prescribed under	48537
division (B)(2) of section 3301.0710 of the Revised Code at least	48538
the required passing composite score, designated under division	48539
(C)(1) of section 3301.0712 of the Revised Code.	48540

(3) Has met additional criteria for granting an honors	48541
diploma.	48542

These additional criteria shall be the same as those	48543
prescribed by the state board under division (B) of section	48544
3313.61 of the Revised Code for the granting of such diplomas by	48545
school districts. No honors diploma shall be granted to anyone	48546
failing to comply with this division and not more than one honors	48547
diploma shall be granted to any student under this division.	48548

(C) A diploma or honors diploma awarded under this section	48549
shall be signed by the superintendent of public instruction and	48550
the superintendent of the state school for the blind or the	48551
superintendent of the state school for the deaf, as applicable.	48552
Each diploma shall bear the date of its issue and be in such form	48553
as the school superintendent prescribes.	48554

(D) Upon granting a diploma to a student under this section,	48555
the superintendent of the state school in which the student is	48556
enrolled shall provide notice of receipt of the diploma to the	48557
board of education of the school district where the student is	48558
entitled to attend school under section 3313.64 or 3313.65 of the	48559
Revised Code when not residing at the state school for the blind	48560
or the state school for the deaf. The notice shall indicate the	48561
type of diploma granted.	48562

Sec. 3326.11. Each science, technology, engineering, and	48563
mathematics school established under this chapter and its	48564
governing body shall comply with division (A)(9) of section	48565
3313.60 of the Revised Code and sections 9.90, 9.91, 109.65,	48566
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	48567
~~3301.0712,~~ 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16,	48568
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,	48569
3313.50, 3313.536, 3313.605, 3313.607, 3313.608, 3313.6012,	48570
3313.6013, 3313.6014, 3313.61, 3313.611, 3313.614, 3313.615,	48571
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666,	48572
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,	48573
3313.71, 3313.716, 3313.718, 3313.80, 3313.801, 3313.82,	48574
3313.821, 3313.96, 3319.073, 3319.21, 3319.32, 3319.321, 3319.35,	48575
3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13,	48576
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	48577
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,	48578
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of	48579
the Revised Code as if it were a school district.	48580

Sec. 3326.14. Each science, technology, engineering, and	48581
mathematics school and its governing body shall administer the	48582
~~tests~~assessments required by sections 3301.0710 ~~and~~, 3301.0711,	48583
and 3301.0712 of the Revised Code, as if it were a school	48584
district, except that, notwithstanding any provision of those	48585
sections to the contrary, any student enrolled in a grade lower	48586
than the tenth grade in a STEM school may take one or more of	48587
the Ohio graduation tests prescribed under division (B)(1) of	48588
section 3301.0710 of the Revised Code on any of the dates	48589
prescribed ~~in division (C)(3) of that section~~for that	48590
assessment.	48591

Sec. 3326.21. (A) Each science, technology, engineering, and	48592
mathematics school shall have a treasurer who is licensed under	48593
section 3301.074 of the Revised Code. The governing body of the	48594
school and the treasurer shall comply with sections 3301.072,	48595
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in	48596
the same manner as a school district board of education and a	48597
district treasurer.	48598

(B) Each STEM school shall comply with the financial	48599
reporting standards adopted by the state board of education under	48600
division (B)(2) of section 3301.07 of the Revised Code. Financial	48601
records of each STEM school shall be maintained in the same	48602
manner as are financial records of school districts, pursuant to	48603
rules of the auditor of state.	48604

Sec. 3326.23. The governing body of each science,	48605
technology, engineering, and mathematics school annually shall	48606
provide the following assurances in writing to the department of	48607
education not later than ten business days prior to the opening	48608
of the school:	48609

(A) That the school has a plan for providing special	48610
education and related services to students with disabilities and	48611
has demonstrated the capacity to provide those services in	48612
accordance with Chapter 3323. of the Revised Code and federal	48613
law;	48614

(B) That the school has a plan and procedures for	48615
administering the achievement ~~tests~~ and diagnostic assessments	48616
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	48617
Revised Code;	48618

(C) That school personnel have the necessary training,	48619
knowledge, and resources to properly use and submit information to	48620
all databases maintained by the department for the collection of	48621
education data, including the education management information	48622
system established under section 3301.0714 of the Revised Code;	48623

(D) That all required information about the school has been	48624
submitted to the Ohio education directory system or any successor	48625
system;	48626

(E) That all classroom teachers are licensed in accordance	48627
with sections 3319.22 to 3319.31 of the Revised Code or are	48628
engaged to teach pursuant to section 3319.301 of the Revised Code;	48629

(F) That the school's treasurer is in compliance with	48630
section 3326.21 of the Revised Code;	48631

(G) That the school has complied with sections 3319.39 and	48632
3319.391 of the Revised Code with respect to all employees and	48633
that the school has conducted a criminal records check of each	48634
of its governing body members;	48635

(H) That the school holds all of the following:

48636

(1) Proof of property ownership or a lease for the facilities	48637
used by the school;	48638

(2) A certificate of occupancy;

48639

(3) Liability insurance for the school, as required by	48640
section 3326.11 of the Revised Code;	48641

(4) A satisfactory health and safety inspection;

48642

(5) A satisfactory fire inspection;

48643

(6) A valid food permit, if applicable.

48644

(I) That the governing body has conducted a pre-opening site	48645
visit to the school for the school year for which the assurances	48646
are provided;	48647

(J) That the school has designated a date it will open for	48648
the school year for which the assurances are provided;	48649

(K) That the school has met all of the governing body's	48650
requirements for opening and any other requirements of the	48651
governing body.	48652

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	48653
Revised Code:	48654

(A) ~~"Applicable special education weight" means the multiple~~	48655
~~specified in section 3317.013 of the Revised Code for a disability~~	48656
~~described in that section.~~	48657

~~(B) "Applicable vocational education weight" means the~~	48658
~~multiple specified in section 3317.014 of the Revised Code for~~	48659
~~vocational education programs or classes described in that~~	48660
~~section.~~	48661

~~(C) "Formula amount" has the same meaning as in section~~	48662
~~3317.02 of the Revised Code.~~	48663

~~(D)~~ "IEP" means an individualized education program as	48664
defined in section 3323.01 of the Revised Code.	48665

~~(E) A student is "included in the poverty student count of~~	48666
~~the student's resident district" if the student's family receives~~	48667
~~assistance under the Ohio works first program.~~	48668

~~(F)~~(B) "Resident district" means the school district in which	48669
a student is entitled to attend school under section 3313.64 or	48670
3313.65 of the Revised Code.	48671

~~(G) "State education aid" has the same meaning as in section~~	48672
~~5751.20 of the Revised Code.~~	48673

Sec. 3326.32. Each science, technology, engineering, and	48674
mathematics school shall report to the department of education, in	48675
the form and manner required by the department, all of the	48676
following information:	48677

(A) The total number of students enrolled in the school;

48678

(B) The number of students who are receiving special	48679
education and related services pursuant to an IEP;	48680

(C) For each student reported under division (B) of this	48681
section, which category specified in divisions ~~(A) to (F)~~(C)(1) to	48682
(6) of section ~~3317.013~~3306.02 of the Revised Code applies to	48683
the student;	48684

(D) The full-time equivalent number of students who are	48685
enrolled in vocational education programs or classes described in	48686
each of divisions (A) and (B) of section 3317.014 of the Revised	48687
Code that are provided by the STEM school;	48688

(E) The resident district of each student;

48689

(F) Any additional information the department determines	48690
necessary to make payments ~~under this chapter~~to the school.	48691

Sec. 3326.33. For each student enrolled in a science,	48692
technology, engineering, and mathematics school established under	48693
this chapter other than a school that is governed as provided in	48694
section 3326.51 of the Revised Code, the department of education	48695
annually shall ~~deduct from the state education aid of a student's~~	48696
~~resident school district and, if necessary, from the payment made~~	48697
~~to the district under sections 321.24 and 323.156 of the Revised~~	48698
~~Code and~~ pay to the school the ~~sum of the following:~~	48699

~~(A) The sum of the formula amount plus the per pupil amount~~	48700
~~of the base funding supplements specified in divisions (C)(1) to~~	48701
~~(4) of section 3317.012 of the Revised Code.~~	48702

~~(B) If the student is receiving special education and related~~	48703
~~services pursuant to an IEP, the product of the applicable special~~	48704
~~education weight times the formula amount;~~	48705

~~(C) If the student is enrolled in vocational education~~	48706
~~programs or classes that are described in section 3317.014 of the~~	48707
~~Revised Code, are provided by the school, and are comparable as~~	48708
~~determined by the superintendent of public instruction to school~~	48709
~~district vocational education programs and classes eligible for~~	48710
~~state weighted funding under section 3317.014 of the Revised Code,~~	48711
~~the product of the applicable vocational education weight times~~	48712
~~the formula amount times the percentage of time the student spends~~	48713
~~in the vocational education programs or classes;~~	48714

~~(D) If the student is included in the poverty student count~~	48715
~~of the student's resident district, the per pupil amount of the~~	48716
~~district's payment under division (C) of section 3317.029 of the~~	48717
~~Revised Code;~~	48718

~~(E) If the student is identified as limited English~~	48719
~~proficient and the student's resident district receives a payment~~	48720
~~for services to limited English proficient students under division~~	48721
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	48722
~~of the district's payment under that division, calculated in the~~	48723
~~same manner as per pupil payments are calculated under division~~	48724
~~(C)(6) of section 3314.08 of the Revised Code;~~	48725

~~(F) If the student's resident district receives a payment~~	48726
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	48727
~~Code, the per pupil amount of the district's payments under each~~	48728
~~division, calculated in the same manner as per pupil payments are~~	48729
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	48730
~~the Revised Code;~~	48731

~~(G) If the student's resident district receives a parity aid~~	48732
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	48733
~~amount calculated for the district under division (C) or (D) of~~	48734
~~that section~~amount calculated for the school under section	48735
3306.17 of the Revised Code.	48736

Sec. 3326.34. If a science, technology, engineering, and	48737
mathematics school established under this chapter, other than a	48738
school that is governed as provided in section 3326.51 of the	48739
Revised Code, incurs costs for a fiscal year for a student	48740
receiving special education and related services pursuant to an	48741
IEP for a disability described in divisions ~~(B)~~(C)(1) to ~~(F)~~(6)	48742
of section ~~3317.013~~3306.02 of the Revised Code that exceed the	48743
threshold catastrophic cost for serving the student as specified	48744
in division (C)(3)(b) of section 3317.022 of the Revised Code,	48745
the STEM school may submit to the superintendent of public	48746
instruction documentation, as prescribed by the superintendent, of	48747
all its costs for that student. Upon submission of documentation	48748
for a student of the type and in the manner prescribed, the	48749
department of education shall pay to the school an amount equal to	48750
the school's costs for the student in excess of the threshold	48751
catastrophic costs.	48752

The school shall only report under this section, and the	48753
department shall only pay for, the costs of educational expenses	48754
and the related services provided to the student in accordance	48755
with the student's IEP. Any legal fees, court costs, or other	48756
costs associated with any cause of action relating to the student	48757
may not be included in the amount.	48758

Sec. 3326.36. The department of education shall reduce the	48759
amounts paid to a science, technology, engineering, and	48760
mathematics school under section 3326.33 of the Revised Code to	48761
reflect payments made to colleges under division (B) of section	48762
3365.07 of the Revised Code or through alternative funding	48763
agreements entered into under rules adopted under section 3365.12	48764
of the Revised Code. A student shall be considered enrolled in	48765
the school for any portion of the school year the student is	48766
attending a college under Chapter 3365. of the Revised Code.	48767

Sec. 3326.37. The department of education shall not pay to a	48768
science, technology, engineering, and mathematics school any	48769
amount for any of the following:	48770

(A) Any student who has graduated from the twelfth grade of a	48771
public or nonpublic school;	48772

(B) Any student who is not a resident of the state;

48773

(C) Any student who was enrolled in a STEM school during the	48774
previous school year when ~~tests~~assessments were administered	48775
under section 3301.0711 of the Revised Code but did not take one	48776
or more of the ~~tests~~assessments required by that section and was	48777
not excused pursuant to division (C)(1) or (3) of that section,	48778
unless the superintendent of public instruction grants the	48779
student a waiver from the requirement to take the ~~test~~	48780
assessment. The superintendent may grant a waiver only for good	48781
cause in accordance with rules adopted by the state board of	48782
education.	48783

(D) Any student who has attained the age of twenty-two years,	48784
except for veterans of the armed services whose attendance was	48785
interrupted before completing the recognized twelve-year course of	48786
the public schools by reason of induction or enlistment in the	48787
armed forces and who apply for enrollment in a STEM school not	48788
later than four years after termination of war or their honorable	48789
discharge. If, however, any such veteran elects to enroll in	48790
special courses organized for veterans for whom tuition is paid	48791
under federal law, or otherwise, the department shall not pay to	48792
the school any amount for that veteran.	48793

Sec. 3326.38. A science, technology, engineering, and	48794
mathematics school may do all of the following:	48795

(A) ~~Apply to the department of education for gifted unit~~	48796
~~funding;~~	48797

~~(B)~~ Apply to any state or federal agency for grants that a	48798
school district or public school may receive under federal or	48799
state law or any appropriations act of the general assembly;	48800

~~(C)~~(B) Apply to any private entity or foundation for	48801
additional funds.	48802

Sec. 3326.51. (A) As used in this section:

48803

(1) "Resident district" has the same meaning as in section	48804
3326.31 of the Revised Code.	48805

(2) "STEM school sponsoring district" means a municipal,	48806
city, local, exempted village, or joint vocational school district	48807
that governs and controls a STEM school pursuant to this section.	48808

(B) Notwithstanding any other provision of this chapter to	48809
the contrary:	48810

(1) If a proposal for a STEM school submitted under section	48811
3326.03 of the Revised Code proposes that the governing body of	48812
the school be the board of education of a municipal, city, local,	48813
exempted village, or joint vocational school district that is one	48814
of the partners submitting the proposal, and the partnership for	48815
continued learning approves that proposal, that school district	48816
board shall govern and control the STEM school as one of the	48817
schools of its district.	48818

(2) The STEM school sponsoring district shall maintain a	48819
separate accounting for the STEM school as a separate and distinct	48820
operational unit within the district's finances. The auditor of	48821
state, in the course of an annual or biennial audit of the school	48822
district serving as the STEM school sponsoring district, shall	48823
audit that school district for compliance with the financing	48824
requirements of this section.	48825

(3) With respect to students enrolled in a STEM school whose	48826
resident district is the STEM school sponsoring district:	48827

(a) ~~The department of education shall make no deductions~~	48828
~~under section 3326.33 of the Revised Code from the STEM school~~	48829
~~sponsoring district's state payments.~~	48830

~~(b)~~ The STEM school sponsoring district shall ensure that it	48831
allocates to the STEM school funds equal to or exceeding the	48832
amount ~~that would be~~ calculated pursuant to ~~division (B) of~~	48833
~~section 3313.981~~Chapter 3306. of the Revised Code for the	48834
students attending the school whose resident district is the STEM	48835
school sponsoring district.	48836

~~(c)~~(b) The STEM school sponsoring district is responsible for	48837
providing children with disabilities with a free appropriate	48838
public education under Chapter 3323. of the Revised Code.	48839

~~(d)~~(c) The STEM school sponsoring district shall provide	48840
student transportation in accordance with laws and policies	48841
generally applicable to the district.	48842

(4) With respect to students enrolled in the STEM school	48843
whose resident district is another school district, ~~the department~~	48844
~~shall make no payments or deductions under sections 3326.31 to~~	48845
~~3326.49 of the Revised Code. Instead,~~ the students shall be	48846
considered as open enrollment students and the ~~department shall~~	48847
~~make payments and deductions in accordance with~~STEM school	48848
sponsoring district shall include those students in its formula	48849
ADM reported under section ~~3313.981~~3317.03 of the Revised Code.	48850
The STEM school sponsoring district shall allocate ~~the~~state	48851
payments received under Chapter 3306. of the Revised Code that are	48852
attributable to those students to the STEM school. The STEM school	48853
sponsoring district may enter into financial agreements with the	48854
students' resident districts, which agreements may provide	48855
financial support in addition to the funds received ~~from the open~~	48856
~~enrollment calculation~~under Chapter 3306. of the Revised Code.	48857
The STEM school sponsoring district shall allocate all such	48858
additional funds to the STEM school.	48859

(5) Where the department is required to make, deny, reduce,	48860
or adjust payments to a STEM school sponsoring district pursuant	48861
to this section, it shall do so in such a manner that the STEM	48862
school sponsoring district may allocate that action to the STEM	48863
school.	48864

(6) A STEM school sponsoring district and its board may	48865
assign its district employees to the STEM school, in which case	48866
section 3326.18 of the Revised Code shall not apply. The district	48867
and board may apply any other resources of the district to the	48868
STEM school in the same manner that it applies district resources	48869
to other district schools.	48870

(7) Provisions of this chapter requiring a STEM school and	48871
its governing body to comply with specified laws as if it were a	48872
school district and in the same manner as a board of education	48873
shall instead require such compliance by the STEM school	48874
sponsoring district and its board of education, respectively, with	48875
respect to the STEM school. Where a STEM school or its governing	48876
body is required to perform a specific duty or permitted to take a	48877
specific action under this chapter, that duty is required to be	48878
performed or that action is permitted to be taken by the STEM	48879
school sponsoring district or its board of education,	48880
respectively, with respect to the STEM school.	48881

(8) No provision of this chapter limits the authority, as	48882
provided otherwise by law, of a school district and its board of	48883
education to levy taxes and issue bonds secured by tax revenues.	48884

(9) The treasurer of the STEM school sponsoring district or,	48885
if the STEM school sponsoring district is a municipal school	48886
district, the chief financial officer of the district, shall have	48887
all of the respective rights, authority, exemptions, and duties	48888
otherwise conferred upon the treasurer or chief financial officer	48889
by the Revised Code.	48890

Sec. 3327.02. (A) After considering each of the following	48891
factors, the board of education of a city, exempted village, or	48892
local school district may determine that it is impractical to	48893
transport a pupil who is eligible for transportation to and from a	48894
school under section 3327.01 of the Revised Code:	48895

(1) The time and distance required to provide the	48896
transportation;	48897

(2) The number of pupils to be transported;

48898

(3) The cost of providing transportation in terms of	48899
equipment, maintenance, personnel, and administration;	48900

(4) Whether similar or equivalent service is provided to	48901
other pupils eligible for transportation;	48902

(5) Whether and to what extent the additional service	48903
unavoidably disrupts current transportation schedules;	48904

(6) Whether other reimbursable types of transportation are	48905
available.	48906

(B)(1) Based on its consideration of the factors established	48907
in division (A) of this section, the board may pass a resolution	48908
declaring the impracticality of transportation. The resolution	48909
shall include each pupil's name and the reason for impracticality.	48910

(2) The board shall report its determination to the state	48911
board of education in a manner determined by the state board.	48912

(3) The board of education of a local school district	48913
additionally shall submit the resolution for concurrence to the	48914
educational service center that contains the local district's	48915
territory. If the educational service center governing board	48916
considers transportation by school conveyance practicable, it	48917
shall so inform the local board and transportation shall be	48918
provided by such local board. If the educational service center	48919
board agrees with the view of the local board, the local board may	48920
offer payment in lieu of transportation as provided in this	48921
section.	48922

(C) After passing the resolution declaring the impracticality	48923
of transportation, the district board shall offer to provide	48924
payment in lieu of transportation by doing the following:	48925

(1) In accordance with guidelines established by the	48926
department of education, informing the pupil's parent, guardian,	48927
or other person in charge of the pupil of both of the following:	48928

(a) The board's resolution;

48929

(b) The right of the pupil's parent, guardian, or other	48930
person in charge of the pupil to accept the offer of payment in	48931
lieu of transportation or to reject the offer and instead request	48932
the department to initiate mediation procedures.	48933

(2) Issuing the pupil's parent, guardian, or other person in	48934
charge of the pupil a contract or other form on which the parent,	48935
guardian, or other person in charge of the pupil is given the	48936
option to accept or reject the board's offer of payment in lieu of	48937
transportation.	48938

(D) If the parent, guardian, or other person in charge of the	48939
pupil accepts the offer of payment in lieu of providing	48940
transportation, the board shall pay the parent, guardian, or other	48941
person in charge of the child an amount that shall be not less	48942
than the amount determined by the department of education as the	48943
minimum for payment in lieu of transportation, and not more than	48944
the amount determined by the department as the average cost of	48945
pupil transportation for the previous school year. Payment may be	48946
prorated if the time period involved is only a part of the school	48947
year.	48948

(E)(1)(a) Upon the request of a parent, guardian, or other	48949
person in charge of the pupil who rejected the payment in lieu of	48950
transportation, the department shall conduct mediation procedures.	48951

(b) If the mediation does not resolve the dispute, the state	48952
board of education shall conduct a hearing in accordance with	48953
Chapter 119. of the Revised Code. The state board may approve the	48954
payment in lieu of transportation or may order the board of	48955
education to provide transportation. The decision of the state	48956
board is binding in subsequent years and on future parties in	48957
interest provided the facts of the determination remain	48958
comparable.	48959

(2) The school district shall provide transportation for the	48960
pupil from the time the parent, guardian, or other person in	48961
charge of the pupil requests mediation until the matter is	48962
resolved under division (E)(1)(a) or (b) of this section.	48963

(F)(1) If the department determines that a school district	48964
board has failed or is failing to provide transportation as	48965
required by division (E)(2) of this section or as ordered by the	48966
state board under division (E)(1)(b) of this section, the	48967
department shall order the school district board to pay to the	48968
pupil's parent, guardian, or other person in charge of the pupil,	48969
an amount equal to the state average daily cost of transportation	48970
as determined by the state board of education for the previous	48971
year. The school district board shall make payments on a schedule	48972
ordered by the department.	48973

(2) If the department subsequently finds that a school	48974
district board is not in compliance with an order issued under	48975
division (F)(1) of this section and the affected pupils are	48976
enrolled in a nonpublic or community school, the department shall	48977
deduct the amount that the board is required to pay under that	48978
order from any payments the department makes to the school	48979
district board under ~~division (D) of~~ section ~~3317.022~~3306.12 of	48980
the Revised Code. The department shall use the moneys so deducted	48981
to make payments to the nonpublic or community school attended by	48982
the pupil. The department shall continue to make the deductions	48983
and payments required under this division until the school	48984
district board either complies with the department's order issued	48985
under division (F)(1) of this section or begins providing	48986
transportation.	48987

(G) A nonpublic or community school that receives payments	48988
from the department under division (F)(2) of this section shall do	48989
either of the following:	48990

(1) Disburse the entire amount of the payments to the parent,	48991
guardian, or other person in control of the pupil affected by the	48992
failure of the school district of residence to provide	48993
transportation;	48994

(2) Use the entire amount of the payments to provide	48995
acceptable transportation for the affected pupil.	48996

Sec. 3327.04. (A) The board of education of any city,	48997
exempted village, or local school district may contract with the	48998
board of another district for the admission or transportation, or	48999
both, of pupils into any school in such other district, on terms	49000
agreed upon by such boards.	49001

(B) The boards of two school districts may enter into a	49002
contract under this section to share the provision of	49003
transportation to a child who resides in one school district and	49004
attends school in the other district. Under such an agreement,	49005
one district may claim the total transportation subsidy available	49006
for such child under ~~division (D) of~~ section ~~3317.022~~3306.12 of	49007
the Revised Code and may agree to pay any portion of such subsidy	49008
to the other district sharing the provision of transportation to	49009
that child. The contract shall delineate the transportation	49010
responsibilities of each district.	49011

A school district that enters into a contract under this	49012
section is not liable for any injury, death, or loss to the person	49013
or property of a student that may occur while the student is being	49014
furnished transportation by the other school district that is a	49015
party to the contract.	49016

(C) Whenever a board not maintaining a high school enters	49017
into an agreement with one or more boards maintaining such school	49018
for the schooling of all its high school pupils, the board making	49019
such agreement is exempt from the payment of tuition at other high	49020
schools of pupils living within three miles of the school	49021
designated in the agreement. In case no such agreement is entered	49022
into, the high school to be attended can be selected by the pupil	49023
holding an eighth grade diploma, and the tuition shall be paid by	49024
the board of the district of school residence.	49025

Sec. 3327.05. (A) Except as provided in division (B) of this	49026
section, no board of education of any school district shall	49027
provide transportation for any pupil who is a school resident of	49028
another school district unless the pupil is enrolled pursuant to	49029
section 3313.98 of the Revised Code or the board of the other	49030
district has given its written consent thereto. If the board of	49031
any school district files with the state board of education a	49032
written complaint that transportation for resident pupils is being	49033
provided by the board of another school district contrary to this	49034
division, the state board of education shall make an investigation	49035
of such complaint. If the state board of education finds that	49036
transportation is being provided contrary to this section, it may	49037
withdraw from state funds due the offending district any part of	49038
the amount that has been approved for transportation pursuant to	49039
~~division (D) of~~ section ~~3317.022~~3306.12 of the Revised Code.	49040

(B) Notwithstanding division (D) of section 3311.19 and	49041
division (D) of section 3311.52 of the Revised Code, this division	49042
does not apply to any joint vocational or cooperative education	49043
school district.	49044

A board of education may provide transportation to and from	49045
the nonpublic school of attendance if both of the following apply:	49046

(1) The parent, guardian, or other person in charge of the	49047
pupil agrees to pay the board for all costs incurred in providing	49048
the transportation that are not reimbursed pursuant to Chapter	49049
3306. or 3317. of the Revised Code;	49050

(2) The pupil's school district of residence does not provide	49051
transportation for public school pupils of the same grade as the	49052
pupil being transported under this division, or that district is	49053
not required under section 3327.01 of the Revised Code to	49054
transport the pupil to and from the nonpublic school because the	49055
direct travel time to the nonpublic school is more than thirty	49056
minutes.	49057

Upon receipt of the request to provide transportation, the	49058
board shall review the request and determine whether the board	49059
will accommodate the request. If the board agrees to transport the	49060
pupil, the board may transport the pupil to and from the nonpublic	49061
school and a collection point in the district, as determined by	49062
the board. If the board transports the pupil, the board may	49063
include the pupil in the district's transportation ADM reported to	49064
the department of education under section 3317.03 of the Revised	49065
Code and, accordingly, may receive a state payment under ~~division~~	49066
~~(D) of~~ section ~~3317.022~~3306.12 of the Revised Code for	49067
transporting the pupil.	49068

If the board declines to transport the pupil, the board, in a	49069
written communication to the parent, guardian, or other person in	49070
charge of the pupil, shall state the reasons for declining the	49071
request.	49072

Sec. 3329.16. If the superintendent of public instruction	49073
determines that a school district has expended for other purposes	49074
any moneys appropriated by the general assembly for the specific	49075
purpose of purchasing textbooks or other instructional materials,	49076
the superintendent shall notify the school district of this	49077
determination within seven days and shall deduct the amount so	49078
expended from payments otherwise due to the district under Chapter	49079
3306. or 3317. of the Revised Code.	49080

Sec. 3333.04. The chancellor of the Ohio board of regents	49081
shall:	49082

(A) Make studies of state policy in the field of higher	49083
education and formulate a master plan for higher education for the	49084
state, considering the needs of the people, the needs of the	49085
state, and the role of individual public and private institutions	49086
within the state in fulfilling these needs;	49087

(B)(1) Report annually to the governor and the general	49088
assembly on the findings from the chancellor's studies and the	49089
master plan for higher education for the state;	49090

(2) Report at least semiannually to the general assembly and	49091
the governor the enrollment numbers at each state-assisted	49092
institution of higher education.	49093

(C) Approve or disapprove the establishment of new branches	49094
or academic centers of state colleges and universities;	49095

(D) Approve or disapprove the establishment of state	49096
technical colleges or any other state institution of higher	49097
education;	49098

(E) Recommend the nature of the programs, undergraduate,	49099
graduate, professional, state-financed research, and public	49100
services which should be offered by the state colleges,	49101
universities, and other state-assisted institutions of higher	49102
education in order to utilize to the best advantage their	49103
facilities and personnel;	49104

(F) Recommend to the state colleges, universities, and other	49105
state-assisted institutions of higher education graduate or	49106
professional programs, including, but not limited to, doctor of	49107
philosophy, doctor of education, and juris doctor programs, that	49108
could be eliminated because they constitute unnecessary	49109
duplication, as shall be determined using the process developed	49110
pursuant to this division, or for other good and sufficient cause.	49111
Prior to recommending a program for elimination, the chancellor	49112
shall request the board of regents to hold at least one public	49113
hearing on the matter and advise the chancellor on whether the	49114
program should be recommended for elimination. The board shall	49115
provide notice of each hearing within a reasonable amount of time	49116
prior to its scheduled date. Following the hearing, the board	49117
shall issue a recommendation to the chancellor. The chancellor	49118
shall consider the board's recommendation but shall not be	49119
required to accept it.	49120

For purposes of determining the amounts of any state	49121
instructional subsidies paid to state colleges, universities, and	49122
other state-assisted institutions of higher education, the	49123
chancellor may exclude students enrolled in any program that the	49124
chancellor has recommended for elimination pursuant to this	49125
division except that the chancellor shall not exclude any such	49126
student who enrolled in the program prior to the date on which the	49127
chancellor initially commences to exclude students under this	49128
division.	49129

The chancellor and state colleges, universities, and other	49130
state-assisted institutions of higher education shall jointly	49131
develop a process for determining which existing graduate or	49132
professional programs constitute unnecessary duplication.	49133

(G) Recommend to the state colleges, universities, and other	49134
state-assisted institutions of higher education programs which	49135
should be added to their present programs;	49136

(H) Conduct studies for the state colleges, universities, and	49137
other state-assisted institutions of higher education to assist	49138
them in making the best and most efficient use of their existing	49139
facilities and personnel;	49140

(I) Make recommendations to the governor and general assembly	49141
concerning the development of state-financed capital plans for	49142
higher education; the establishment of new state colleges,	49143
universities, and other state-assisted institutions of higher	49144
education; and the establishment of new programs at the existing	49145
state colleges, universities, and other institutions of higher	49146
education;	49147

(J) Review the appropriation requests of the public community	49148
colleges and the state colleges and universities and submit to the	49149
office of budget and management and to the chairpersons of the	49150
finance committees of the house of representatives and of the	49151
senate the chancellor's recommendations in regard to the biennial	49152
higher education appropriation for the state, including	49153
appropriations for the individual state colleges and universities	49154
and public community colleges. For the purpose of determining the	49155
amounts of instructional subsidies to be paid to state-assisted	49156
colleges and universities, the chancellor shall define "full-time	49157
equivalent student" by program per academic year. The definition	49158
may take into account the establishment of minimum enrollment	49159
levels in technical education programs below which support	49160
allowances will not be paid. Except as otherwise provided in this	49161
section, the chancellor shall make no change in the definition of	49162
"full-time equivalent student" in effect on November 15, 1981,	49163
which would increase or decrease the number of subsidy-eligible	49164
full-time equivalent students, without first submitting a fiscal	49165
impact statement to the president of the senate, the speaker of	49166
the house of representatives, the legislative service commission,	49167
and the director of budget and management. The chancellor shall	49168
work in close cooperation with the director of budget and	49169
management in this respect and in all other matters concerning the	49170
expenditures of appropriated funds by state colleges,	49171
universities, and other institutions of higher education.	49172

(K) Seek the cooperation and advice of the officers and	49173
trustees of both public and private colleges, universities, and	49174
other institutions of higher education in the state in performing	49175
the chancellor's duties and making the chancellor's plans,	49176
studies, and recommendations;	49177

(L) Appoint advisory committees consisting of persons	49178
associated with public or private secondary schools, members of	49179
the state board of education, or personnel of the state department	49180
of education;	49181

(M) Appoint advisory committees consisting of college and	49182
university personnel, or other persons knowledgeable in the field	49183
of higher education, or both, in order to obtain their advice and	49184
assistance in defining and suggesting solutions for the problems	49185
and needs of higher education in this state;	49186

(N) Approve or disapprove all new degrees and new degree	49187
programs at all state colleges, universities, and other	49188
state-assisted institutions of higher education;	49189

(O) Adopt such rules as are necessary to carry out the	49190
chancellor's duties and responsibilities. The rules shall	49191
prescribe procedures for the chancellor to follow when taking	49192
actions associated with the chancellor's duties and	49193
responsibilities and shall indicate which types of actions are	49194
subject to those procedures. The procedures adopted under this	49195
division shall be in addition to any other procedures prescribed	49196
by law for such actions. However, if any other provision of the	49197
Revised Code or rule adopted by the chancellor prescribes	49198
different procedures for such an action, the procedures adopted	49199
under this division shall not apply to that action to the extent	49200
they conflict with the procedures otherwise prescribed by law. The	49201
procedures adopted under this division shall include at least the	49202
following:	49203

(1) Provision for public notice of the proposed action;

49204

(2) An opportunity for public comment on the proposed action,	49205
which may include a public hearing on the action by the board of	49206
regents;	49207

(3) Methods for parties that may be affected by the proposed	49208
action to submit comments during the public comment period;	49209

(4) Submission of recommendations from the board of regents	49210
regarding the proposed action, at the request of the chancellor;	49211

(5) Written publication of the final action taken by the	49212
chancellor and the chancellor's rationale for the action;	49213

(6) A timeline for the process described in divisions (O)(1)	49214
to (5) of this section.	49215

(P) Establish and submit to the governor and the general	49216
assembly a clear and measurable set of goals and timetables for	49217
their achievement for each program under the chancellor's	49218
supervision that is designed to accomplish any of the following:	49219

(1) Increased access to higher education;

49220

(2) Job training;

49221

(3) Adult literacy;

49222

(4) Research;

49223

(5) Excellence in higher education;

49224

(6) Reduction in the number of graduate programs within the	49225
same subject area.	49226

In July of each odd-numbered year, the chancellor shall	49227
submit to the governor and the general assembly a report on	49228
progress made toward these goals.	49229

(Q) Make recommendations to the governor and the general	49230
assembly regarding the design and funding of the student financial	49231
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	49232
~~3333.27~~3333.26, and 5910.02 of the Revised Code;	49233

(R) Participate in education-related state or federal	49234
programs on behalf of the state and assume responsibility for the	49235
administration of such programs in accordance with applicable	49236
state or federal law;	49237

(S) Adopt rules for student financial aid programs as	49238
required by sections 3333.12, 3333.122, 3333.21 to ~~3333.27~~	49239
3333.26, 3333.28, and 5910.02 of the Revised Code, and perform	49240
any other administrative functions assigned to the chancellor by	49241
those sections;	49242

(T) Conduct enrollment audits of state-supported	49243
institutions of higher education;	49244

(U) Appoint consortia of college and university personnel	49245
to advise or participate in the development and operation of	49246
statewide collaborative efforts, including the Ohio supercomputer	49247
center, the Ohio academic resources network, OhioLink, and the	49248
Ohio learning network. For each consortium, the chancellor shall	49249
designate a college or university to serve as that consortium's	49250
fiscal agent, financial officer, and employer. Any funds	49251
appropriated for the consortia shall be distributed to the	49252
fiscal agents for the operation of the consortia. A consortium	49253
shall follow the rules of the college or university that serves	49254
as its fiscal agent. The chancellor may restructure existing	49255
consortia, appointed under this division, in accordance with	49256
procedures adopted under divisions (D)(1) to (6) of this section.	49257

(V) Adopt rules establishing advisory duties and	49258
responsibilities of the board of regents not otherwise prescribed	49259
by law;	49260

(W) Respond to requests for information about higher	49261
education from members of the general assembly and direct staff to	49262
conduct research or analysis as needed for this purpose.	49263

Sec. 3333.048. (A) Not later than one year after the	49264
effective date of this section, the chancellor of the Ohio board	49265
of regents and the superintendent of public instruction jointly	49266
shall do the following:	49267

(1) In accordance with Chapter 119. of the Revised Code,	49268
establish metrics and courses of study for the preparation of	49269
educators and other school personnel and the institutions of	49270
higher education that are engaged in their preparation. The	49271
metrics and courses of study shall be aligned with the standards	49272
and qualifications for educator licenses adopted by the state	49273
board of education under section 3319.22 of the Revised Code and	49274
the requirements of the Ohio teacher residency program established	49275
under section 3319.223 of the Revised Code. The metrics and	49276
courses of study also shall ensure that educators and other school	49277
personnel are adequately prepared to use the value-added progress	49278
dimension prescribed by section 3302.021 of the Revised Code.	49279

(2) Provide for the inspection of institutions of higher	49280
education desiring to prepare educators and other school	49281
personnel.	49282

(B) Not later than one year after the effective date of this	49283
section, the chancellor shall approve institutions of higher	49284
education engaged in the preparation of educators and other school	49285
personnel that maintain satisfactory training procedures and	49286
records of performance, as determined by the chancellor.	49287

(C) If the metrics established under division (A)(1) of this	49288
section require an institution of higher education that prepares	49289
teachers to satisfy the standards of an independent accreditation	49290
organization, the chancellor shall permit each institution to	49291
satisfy the standards of either the national council for	49292
accreditation of teacher education or the teacher education	49293
accreditation council.	49294

(D) The metrics and courses of study established under	49295
division (A)(1) of this section may require an institution of	49296
higher education, as a condition of approval by the chancellor, to	49297
make changes in the curricula of its preparation programs for	49298
educators and other school personnel.	49299

Notwithstanding division (D) of section 119.03 and division	49300
(A)(1) of section 119.04 of the Revised Code, any metrics, courses	49301
of study, rules, and regulations, or any amendment or rescission	49302
of such metrics, courses of study, rules, and regulations, adopted	49303
under this section that necessitate institutions offering	49304
preparation programs for educators and other school personnel	49305
approved by the chancellor to revise the curricula of those	49306
programs shall not be effective for at least one year after the	49307
first day of January next succeeding the publication of the said	49308
change.	49309

Each institution shall allocate money from its existing	49310
appropriations to pay the cost of making the curricular changes.	49311

(E) The chancellor shall notify the state board of the	49312
metrics and courses of study established under division (A)(1) of	49313
this section and the institutions of higher education approved	49314
under division (B) of this section. The state board shall publish	49315
the metrics, courses of study, and approved institutions with the	49316
standards and qualifications for each type of educator license.	49317

(F) The graduates of institutions of higher education	49318
approved by the chancellor shall be licensed by the state board in	49319
accordance with the standards and qualifications adopted under	49320
section 3319.22 of the Revised Code.	49321

~~Sec. 3319.233.~~ Sec. 3333.049. The ~~state board of education~~	49322
chancellor of the Ohio board of regents, in collaboration with the	49323
~~Ohio board of regents~~state board of education, shall issue an	49324
annual report on the quality of institutions approved for the	49325
preparation of teachers pursuant to section ~~3319.23~~3333.048 of	49326
the Revised Code. The ~~state board~~chancellor shall prepare the	49327
report in collaboration with the state board ~~of regents~~ and the	49328
teacher quality partnership and shall use data collected by the	49329
partnership and other educational agencies as the basis for the	49330
information contained in the report. The report shall include at	49331
least the following information:	49332

(A) Identification of best practices in the preparation of	49333
teachers drawn from research conducted by the teacher quality	49334
partnership and other regional and national educational research	49335
efforts;	49336

(B) A plan for implementing best practices in approved	49337
teacher preparation institutions;	49338

(C) The number of graduates of approved teacher preparation	49339
institutions who graduated with a subject area specialty and teach	49340
grades seven through twelve. The number shall be disaggregated	49341
according to the subject areas of mathematics, science, foreign	49342
language, special education and related services, and any other	49343
subject area determined by the ~~state board~~chancellor.	49344

(D) A plan to be implemented by the teacher preparation	49345
programs approved by the ~~state board~~chancellor under section	49346
~~3319.23~~3333.048 of the Revised Code for increasing the number of	49347
classroom teachers in science, mathematics, and foreign language	49348
toward meeting the identified needs for teachers in those subject	49349
areas throughout the state but especially in hard-to-staff	49350
schools.	49351

The ~~state board~~chancellor shall submit the report to the	49352
governor, the speaker and minority leader of the house of	49353
representatives, the president and minority leader of the senate,	49354
the chairpersons and ranking minority members of the standing	49355
committees of the house of representatives and the senate that	49356
consider education legislation, and the ~~chancellor of the~~state	49357
board ~~of regents~~.	49358

Sec. 3333.122. (A) ~~As used in this section:~~

49359

~~(1) "Eligible student" means a student who is:~~

49360

~~(a) An Ohio resident who first enrolls in an undergraduate~~	49361
~~program in the 2006-2007 academic year or thereafter;~~	49362

~~(b) If the student first enrolled in an undergraduate~~	49363
~~program in the 2006-2007 or 2007-2008 academic year, the student~~	49364
~~is enrolled in one of the following:~~	49365

~~(i) An accredited institution of higher education in this~~	49366
~~state that meets the requirements of Title VI of the Civil Rights~~	49367
~~Act of 1964 and is state-assisted, is nonprofit and has a~~	49368
~~certificate of authorization pursuant to Chapter 1713. of the~~	49369
~~Revised Code, has a certificate of registration from the state~~	49370
~~board of career colleges and schools and program authorization to~~	49371
~~award an associate or bachelor's degree, or is a private~~	49372
~~institution exempt from regulation under Chapter 3332. of the~~	49373
~~Revised Code as prescribed in section 3333.046 of the Revised~~	49374
~~Code. Students who attend an institution that holds a certificate~~	49375
~~of registration shall be enrolled in a program leading to an~~	49376
~~associate or bachelor's degree for which associate or bachelor's~~	49377
~~degree program the institution has program authorization issued~~	49378
~~under section 3332.05 of the Revised Code.~~	49379

~~(ii) A technical education program of at least two years~~	49380
~~duration sponsored by a private institution of higher education in~~	49381
~~this state that meets the requirements of Title VI of the Civil~~	49382
~~Rights Act of 1964;~~	49383

~~(iii) A nursing diploma program approved by the board of~~	49384
~~nursing under division (A)(5) of section 4723.06 of the Revised~~	49385
~~Code and that meets the requirements of Title VI of the Civil~~	49386
~~Rights Act of 1964.~~	49387

~~(c) If the student first enrolled in an undergraduate program~~	49388
~~after the 2007-2008 academic year, the student is enrolled in~~	49389
~~one of the following:~~	49390

~~(i) An accredited institution of higher education in this~~	49391
~~state that meets the requirements of Title VI of the Civil Rights~~	49392
~~Act of 1964 and is state-assisted, is nonprofit and has a~~	49393
~~certificate of authorization pursuant to Chapter 1713. of the~~	49394
~~Revised Code, or is a private institution exempt from regulation~~	49395
~~under Chapter 3332. of the Revised Code as prescribed in section~~	49396
~~3333.046 of the Revised Code;~~	49397

~~(ii) An education program of at least two years duration~~	49398
~~sponsored by a private institution of higher education in this~~	49399
~~state that meets the requirements of Title VI of the Civil Rights~~	49400
~~Act of 1964 and has a certificate of authorization pursuant to~~	49401
~~Chapter 1713. of the Revised Code;~~	49402

~~(iii) A nursing diploma program approved by the board of~~	49403
~~nursing under division (A)(5) of section 4723.06 of the Revised~~	49404
~~Code and that meets the requirements of Title VI of the Civil~~	49405
~~Rights Act of 1964.~~	49406

~~(2) A student who participated in either the early college~~	49407
~~high school program administered by the department of education or~~	49408
~~in the post-secondary enrollment options program pursuant to~~	49409
~~Chapter 3365. of the Revised Code before the 2006-2007 academic~~	49410
~~year shall not be excluded from eligibility for a needs-based~~	49411
~~financial aid grant under this section.~~	49412

~~(3) "Resident~~The chancellor of the Ohio board of regents	49413
shall adopt rules to carry out this section and as authorized	49414
under section 3333.123 of the Revised Code. The rules shall	49415
include definitions of the terms "resident," "expected family	49416
contribution~~" or "EFC~~," "full-time student," "three-quarters-time	49417
student," "half-time student," "one-quarter-time student," "state	49418
cost of attendance," and "accredited" ~~shall be defined by rules~~	49419
~~adopted by the chancellor of the Ohio board of regents~~for the	49420
purpose of those sections.	49421

(B)(1) Only an Ohio resident who meets both of the following	49422
is eligible for a grant awarded under this division:	49423

(a) The resident has an expected family contribution of two	49424
thousand one hundred ninety or less;	49425

(b) The resident enrolls in an undergraduate program or in a	49426
nursing diploma program approved by the board of nursing under	49427
division (A)(5) of section 4723.06 of the Revised Code, at a	49428
state-assisted state institution of higher education, as defined	49429
in section 3345.12 of the Revised Code, that meets the	49430
requirements of Title VI of the Civil Rights Act of 1964.	49431

(2) The chancellor shall establish and administer a	49432
needs-based financial aid grants program based on the United	49433
States department of education's method of determining financial	49434
need ~~and may adopt rules to carry out this section~~. The program	49435
shall be known as the Ohio college opportunity grant program. The	49436
general assembly shall support the needs-based financial aid	49437
program by such sums and in such manner as it may provide, but	49438
the chancellor also may ~~also~~ receive funds from other sources to	49439
support the program. If, for any academic year, the amounts	49440
available for support of the program are inadequate to provide	49441
grants to all eligible students, the chancellor shall do one of	49442
the following:	49443

(a) Give preference in the payment of grants ~~shall be given~~	49444
~~in terms of~~based upon expected family contribution, beginning	49445
with the lowest expected family contribution category and	49446
proceeding upward by category to the highest expected family	49447
contribution category;	49448

(b) Proportionately reduce the amount of each grant to be	49449
awarded for the academic year under division (B) of this section;	49450

(c) Use an alternate formula for such grants that addresses	49451
the shortage of available funds and has been submitted to and	49452
approved by the controlling board.	49453

A(3) The needs-based financial aid grant shall be paid to an	49454
the eligible student through the institution in which the student	49455
is enrolled, except that no needs-based financial aid grant shall	49456
be paid to any person serving a term of imprisonment.	49457
Applications for ~~such~~the grants shall be made as prescribed by	49458
the chancellor, and such applications may be made in conjunction	49459
with and upon the basis of information provided in conjunction	49460
with student assistance programs funded by agencies of the United	49461
States government or from financial resources of the institution	49462
of higher education. The institution shall certify that the	49463
student applicant meets the requirements set forth in ~~divisions~~	49464
~~(A)(1)(a) and (b)~~division (B)(1) of this section. Needs-based	49465
financial aid grants shall be provided to an eligible student	49466
only as long as the student is making appropriate progress toward	49467
a nursing diploma or an associate or bachelor's degree. No	49468
student shall be eligible to receive a grant for more than ten	49469
semesters, fifteen quarters, or the equivalent of five academic	49470
years. A grant made to an eligible student on the basis of less	49471
than full-time enrollment shall be based on the number of credit	49472
hours for which the student is enrolled and shall be computed in	49473
accordance with a formula adopted by rule issued by the	49474
chancellor. No student shall receive more than one grant on the	49475
basis of less than full-time enrollment.	49476

~~A needs-based financial aid grant shall not exceed the total~~	49477
~~instructional and general charges of the institution.~~	49478

~~(C) The tables in this division prescribe the maximum grant~~	49479
~~amounts covering two semesters, three quarters, or a comparable~~	49480
~~portion of one academic year. Grant amounts for additional terms~~	49481
~~in the same academic year shall be determined under division (D)~~	49482
~~of this section.~~	49483

~~As used in the tables in division (C) of this section:~~

49484

~~(1) "Private institution" means an institution that is~~	49485
~~nonprofit and has a certificate of authorization pursuant to~~	49486
~~Chapter 1713. of the Revised Code.~~	49487

~~(2) "Career college" means either an institution that holds a~~	49488
~~certificate of registration from the state board of career~~	49489
~~colleges and schools or a private institution exempt from~~	49490
~~regulation under Chapter 3332. of the Revised Code as prescribed~~	49491
~~in section 3333.046 of the Revised Code.~~	49492

~~Full-time students shall be eligible to receive awards~~	49493
~~according to the following table:~~	49494

~~Full-Time Enrollment~~	49495

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	49496
~~$2,101~~	~~$2,190~~	~~$300~~	~~$600~~	~~$480~~	49497
~~2,001~~	~~2,100~~	~~402~~	~~798~~	~~642~~	49498
~~1,901~~	~~2,000~~	~~498~~	~~1,002~~	~~798~~	49499
~~1,801~~	~~1,900~~	~~600~~	~~1,200~~	~~960~~	49500
~~1,701~~	~~1,800~~	~~702~~	~~1,398~~	~~1,122~~	49501
~~1,601~~	~~1,700~~	~~798~~	~~1,602~~	~~1,278~~	49502
~~1,501~~	~~1,600~~	~~900~~	~~1,800~~	~~1,440~~	49503
~~1,401~~	~~1,500~~	~~1,002~~	~~1,998~~	~~1,602~~	49504
~~1,301~~	~~1,400~~	~~1,098~~	~~2,202~~	~~1,758~~	49505
~~1,201~~	~~1,300~~	~~1,200~~	~~2,400~~	~~1,920~~	49506
~~1,101~~	~~1,200~~	~~1,302~~	~~2,598~~	~~2,082~~	49507
~~1,001~~	~~1,100~~	~~1,398~~	~~2,802~~	~~2,238~~	49508
~~901~~	~~1,000~~	~~1,500~~	~~3,000~~	~~2,400~~	49509
~~801~~	~~900~~	~~1,602~~	~~3,198~~	~~2,562~~	49510
~~701~~	~~800~~	~~1,698~~	~~3,402~~	~~2,718~~	49511
~~601~~	~~700~~	~~1,800~~	~~3,600~~	~~2,280~~	49512
~~501~~	~~600~~	~~1,902~~	~~3,798~~	~~3,042~~	49513
~~401~~	~~500~~	~~1,998~~	~~4,002~~	~~3,198~~	49514
~~301~~	~~400~~	~~2,100~~	~~4,200~~	~~3,360~~	49515
~~201~~	~~300~~	~~2,202~~	~~4,398~~	~~3,522~~	49516
~~101~~	~~200~~	~~2,298~~	~~4,602~~	~~3,678~~	49517
1	~~100~~	~~2,400~~	~~4,800~~	~~3,840~~	49518
0	0	~~2,496~~	~~4,992~~	~~3,996~~	49519

~~Three-quarters-time students shall be eligible to receive~~	49520
~~awards according to the following table:~~	49521

~~Three-Quarters-Time Enrollment~~	49522

~~If the EFC is equal to or greater than:~~	~~And the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	49523
~~$2,101~~	~~$2,190~~	~~$228~~	~~$450~~	~~$360~~	49524
~~2,001~~	~~2,100~~	~~300~~	~~600~~	~~480~~	49525
~~1,901~~	~~2,000~~	~~372~~	~~750~~	~~600~~	49526
~~1,801~~	~~1,900~~	~~450~~	~~900~~	~~720~~	49527
~~1,701~~	~~1,800~~	~~528~~	~~1,050~~	~~840~~	49528
~~1,601~~	~~1,700~~	~~600~~	~~1,200~~	~~960~~	49529
~~1,501~~	~~1,600~~	~~678~~	~~1,350~~	~~1,080~~	49530
~~1,401~~	~~1,500~~	~~750~~	~~1,500~~	~~1,200~~	49531
~~1,301~~	~~1,400~~	~~822~~	~~1,650~~	~~1,320~~	49532
~~1,201~~	~~1,300~~	~~900~~	~~1,800~~	~~1,440~~	49533
~~1,101~~	~~1,200~~	~~978~~	~~1,950~~	~~1,560~~	49534
~~1,001~~	~~1,100~~	~~1,050~~	~~2,100~~	~~1,680~~	49535
~~901~~	~~1,000~~	~~1,128~~	~~2,250~~	~~1,800~~	49536
~~801~~	~~900~~	~~1,200~~	~~2,400~~	~~1,920~~	49537
~~701~~	~~800~~	~~1,272~~	~~2,550~~	~~2,040~~	49538
~~601~~	~~700~~	~~1,350~~	~~2,700~~	~~2,160~~	49539
~~501~~	~~600~~	~~1,428~~	~~2,850~~	~~2,280~~	49540
~~401~~	~~500~~	~~1,500~~	~~3,000~~	~~2,400~~	49541
~~301~~	~~400~~	~~1,578~~	~~3,150~~	~~2,520~~	49542
~~201~~	~~300~~	~~1,650~~	~~3,300~~	~~2,640~~	49543
~~101~~	~~200~~	~~1,722~~	~~3,450~~	~~2,760~~	49544
1	~~100~~	~~1,800~~	~~3,600~~	~~2,880~~	49545
0	0	~~1,872~~	~~3,744~~	~~3,000~~	49546

~~Half-time students shall be eligible to receive awards~~	49547
~~according to the following table:~~	49548

~~Half-Time Enrollment~~	49549

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	49550
~~$2,101~~	~~$2,190~~	~~$150~~	~~$300~~	~~$240~~	49551
~~2,001~~	~~2,100~~	~~204~~	~~402~~	~~324~~	49552
~~1,901~~	~~2,000~~	~~252~~	~~504~~	~~402~~	49553
~~1,801~~	~~1,900~~	~~300~~	~~600~~	~~480~~	49554
~~1,701~~	~~1,800~~	~~354~~	~~702~~	~~564~~	49555
~~1,601~~	~~1,700~~	~~402~~	~~804~~	~~642~~	49556
~~1,501~~	~~1,600~~	~~450~~	~~900~~	~~720~~	49557
~~1,401~~	~~1,500~~	~~504~~	~~1,002~~	~~804~~	49558
~~1,301~~	~~1,400~~	~~552~~	~~1,104~~	~~882~~	49559
~~1,201~~	~~1,300~~	~~600~~	~~1,200~~	~~960~~	49560
~~1,101~~	~~1,200~~	~~654~~	~~1,302~~	~~1,044~~	49561
~~1,001~~	~~1,100~~	~~702~~	~~1,404~~	~~1,122~~	49562
~~901~~	~~1,000~~	~~750~~	~~1,500~~	~~1,200~~	49563
~~801~~	~~900~~	~~804~~	~~1,602~~	~~1,284~~	49564
~~701~~	~~800~~	~~852~~	~~1,704~~	~~1,362~~	49565
~~601~~	~~700~~	~~900~~	~~1,800~~	~~1,440~~	49566
~~501~~	~~600~~	~~954~~	~~1,902~~	~~1,524~~	49567
~~401~~	~~500~~	~~1,002~~	~~2,004~~	~~1,602~~	49568
~~301~~	~~400~~	~~1,050~~	~~2,100~~	~~1,680~~	49569
~~201~~	~~300~~	~~1,104~~	~~2,202~~	~~1,764~~	49570
~~101~~	~~200~~	~~1,152~~	~~2,304~~	~~1,842~~	49571
1	~~100~~	~~1,200~~	~~2,400~~	~~1,920~~	49572
0	0	~~1,248~~	~~2,496~~	~~1,998~~	49573

~~One-quarter-time students shall be eligible to receive awards~~	49574
~~according to the following table:~~	49575

~~One-Quarter-Time Enrollment~~	49576

~~If the EFC is equal to or greater than:~~	~~And if the EFC is no more than:~~	~~If the student attends a public institution, the annual award shall be:~~	~~If the student attends a private institution, the annual award shall be:~~	~~If the student attends a career college, the annual award shall be:~~	49577
~~$2,101~~	~~$2,190~~	~~$78~~	~~$150~~	~~$120~~	49578
~~2,001~~	~~2,100~~	~~102~~	~~198~~	~~162~~	49579
~~1,901~~	~~2,000~~	~~126~~	~~252~~	~~198~~	49580
~~1,801~~	~~1,900~~	~~150~~	~~300~~	~~240~~	49581
~~1,701~~	~~1,800~~	~~174~~	~~348~~	~~282~~	49582
~~1,601~~	~~1,700~~	~~198~~	~~402~~	~~318~~	49583
~~1,501~~	~~1,600~~	~~228~~	~~450~~	~~360~~	49584
~~1,401~~	~~1,500~~	~~252~~	~~498~~	~~402~~	49585
~~1,301~~	~~1,400~~	~~276~~	~~552~~	~~438~~	49586
~~1,201~~	~~1,300~~	~~300~~	~~600~~	~~480~~	49587
~~1,101~~	~~1,200~~	~~324~~	~~648~~	~~522~~	49588
~~1,001~~	~~1,100~~	~~348~~	~~702~~	~~558~~	49589
~~901~~	~~1,000~~	~~378~~	~~750~~	~~600~~	49590
~~801~~	~~900~~	~~402~~	~~798~~	~~642~~	49591
~~701~~	~~800~~	~~426~~	~~852~~	~~678~~	49592
~~601~~	~~700~~	~~450~~	~~900~~	~~720~~	49593
~~501~~	~~600~~	~~474~~	~~948~~	~~762~~	49594
~~401~~	~~500~~	~~498~~	~~1,002~~	~~798~~	49595
~~301~~	~~400~~	~~528~~	~~1,050~~	~~840~~	49596
~~201~~	~~300~~	~~552~~	~~1,098~~	~~882~~	49597
~~101~~	~~200~~	~~576~~	~~1,152~~	~~918~~	49598
1	~~100~~	~~600~~	~~1,200~~	~~960~~	49599
0	0	~~624~~	~~1,248~~	~~1,002~~	49600

~~(D)~~(4)(a) Except as provided in division (B)(4)(d) of this	49601
section, no grant awarded under division (B) of this section	49602
shall exceed the total state cost of attendance.	49603

(b) Subject to divisions (B)(4)(a), (c), and (d) of this	49604
section, the amount of a grant awarded to a student under	49605
division (B) of this section shall equal the student's remaining	49606
state cost of attendance after the student's Pell grant and	49607
expected family contribution are applied to the instructional and	49608
general charges for the undergraduate program. However, for	49609
students enrolled in a state university or college as defined in	49610
section 3345.12 of the Revised Code or a university branch, the	49611
chancellor may provide that the grant amount shall equal the	49612
student's remaining instructional and general charges for the	49613
undergraduate program after the student's Pell grant and expected	49614
family contribution have been applied to those charges, but, in	49615
no case, shall the grant amount for such a student exceed any	49616
maximum that the chancellor may set by rule.	49617

(c) For a ~~full-time~~ student enrolled in ~~an eligible~~	49618
~~institution~~a program described in division (B)(1)(b) of this	49619
section for a semester or quarter in addition to the portion of	49620
the academic year covered by a grant ~~determined~~ under division	49621
~~(C)~~(B) of this section, the maximum grant amount shall be a	49622
percentage of the maximum ~~prescribed~~specified in ~~the applicable~~	49623
any table ~~of that division~~established in rules adopted by the	49624
chancellor as provided in division (A) of this section. The	49625
maximum grant for a fourth quarter shall be one-third of the	49626
maximum amount so prescribed ~~under that division~~. The maximum	49627
grant for a third semester shall be one-half of the maximum amount	49628
so prescribed ~~under that division~~.	49629

(d) If a student is enrolled in a two-year institution of	49630
higher education and is eligible for an education and training	49631
voucher through the Ohio education and training voucher program	49632
that receives federal funding under the John H. Chafee foster care	49633
independence program, 42 U.S.C. 677, the amount of a grant awarded	49634
under division (B) of this section may exceed the total state cost	49635
of attendance to additionally cover housing costs.	49636

~~(E)~~(C)(1) The chancellor shall administer and may adopt rules	49637
to carry out a block grant program to provide money to support	49638
needs-based financial aid grants for Ohio resident students	49639
enrolled in nursing or undergraduate programs of nonprofit	49640
private institutions in this state holding certificates of	49641
authorization pursuant to Chapter 1713. of the Revised Code. The	49642
chancellor shall establish by rule and administer a separate	49643
block grant program to provide money for such grants to Ohio	49644
resident students enrolled in nursing or undergraduate programs	49645
of career colleges in this state that hold certificates of	49646
registration from the state board of career colleges and schools	49647
or are exempt from regulation under Chapter 3332. of the Revised	49648
Code as prescribed in section 3333.046 of the Revised Code and	49649
hold certificates of authorization pursuant to Chapter 1713. of	49650
the Revised Code. The former shall be known as the private	49651
higher education needs-based financial aid block grant program	49652
and the latter, the career college needs-based financial aid	49653
block grant program. The general assembly shall support these	49654
programs in such sums and in such manner as it may provide, but	49655
the chancellor also may receive funds from other sources to	49656
support the programs.	49657

(2) The chancellor by rule shall determine the eligibility of	49658
the nonprofit private institutions and career colleges for, the	49659
terms and conditions of, and the manner of distributing, grants	49660
under each program, as well as determine the needs-based standard	49661
that shall apply to grants awarded to students under each program.	49662
The rules shall include a requirement that, on the financial aid	49663
statement that it shall provide to each student aid recipient, a	49664
nonprofit private institution or career college receiving a grant	49665
under this division must note that a portion of the student's	49666
award is from the state of Ohio.	49667

(D) No grant shall be made pursuant to division (B) or (C) of	49668
this section to any student in a course of study in theology,	49669
religion, or other field of preparation for a religious profession	49670
unless such course of study leads to an accredited bachelor of	49671
arts, bachelor of science, associate of arts, or associate of	49672
science degree.	49673

~~(F)~~(E)(1) Except as provided in division ~~(F)~~(E)(2) of this	49674
section, no grant shall be made to any student ~~for enrollment~~	49675
~~during a fiscal year in an~~under division (B) of this section if	49676
the state institution of higher education under that division has,	49677
and no grant shall be made to a nonprofit private institution or	49678
career college under division (C) of this section if the	49679
institution ~~with~~or college has, a cohort default rate determined	49680
by the United States secretary of education pursuant to the	49681
"Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 20	49682
U.S.C.A. 1085, as amended, as of the fifteenth day of June	49683
preceding the fiscal year, equal to or greater than thirty per	49684
cent for each of the preceding two fiscal years.	49685

(2) Division ~~(F)~~(E)(1) of this section does not apply toin	49686
the case of either of the following:	49687

(a) ~~Any student enrolled in an~~The university institution	49688
~~that under the~~or college pursuant to federal law appeals its	49689
loss of eligibility for federal financial aid and the United	49690
States secretary of education determines its cohort default rate	49691
after recalculation is lower than the rate specified in division	49692
~~(F)~~(E)(1) of this section or the secretary determines due to	49693
mitigating circumstances that the institution or college may	49694
continue to participate in federal financial aid programs. The	49695
chancellor shall adopt rules requiring ~~institutions~~any such	49696
appellant to provide information to the chancellor regarding an	49697
appeal ~~to the chancellor~~.	49698

(b) Any student who has previously received a grant ~~under~~	49699
pursuant to any provision of this section, including prior to the	49700
section's amendment by H.B. 1 of the 128th general assembly, and	49701
who meets all other eligibility requirements ~~of this section~~for	49702
the respective grant under division (B) or (C) of this section.	49703

(3) The chancellor shall adopt rules for the notification of	49704
all institutions or colleges whose students will be ineligible to	49705
participate in the grant program pursuant to division ~~(F)~~(E)(1)	49706
of this section.	49707

(4) A student's attendance at anany institution or college	49708
whose students ~~lose eligibility~~are ineligible for grants ~~under~~	49709
due to division ~~(F)~~(E)(1) of this section shall not affect that	49710
student's eligibility to receive a grant when enrolled in another	49711
institution or college.	49712

~~(G) Institutions of higher education~~(F)(1) A state	49713
university or state institution of higher education that ~~enroll~~	49714
enrolls students receiving needs-based financial aid grants under	49715
division (B) of this section shall report to the chancellor all	49716
students who have received such needs-based financial aid grants	49717
but are no longer eligible for all or part of ~~such~~those grants	49718
and shall refund any moneys due the state within thirty days	49719
after the beginning of the quarter or term immediately following	49720
the quarter or term in which the student was no longer eligible	49721
to receive all or part of the student's grant. There shall be an	49722
interest charge of one per cent per month on all moneys due and	49723
payable after such thirty-day period. The chancellor shall	49724
immediately notify the office of budget and management and the	49725
legislative service commission of all refunds so received.	49726

(2) A nonprofit private institution or career college that	49727
receives a grant under division (C) of this section shall report	49728
to the chancellor all students who have received a portion of	49729
that award and shall report the amount of its award not	49730
distributed to students. That amount shall be deducted from the	49731
next such grant amount received by the institution or college.	49732

Sec. 3333.123. (A) As used in this section:

49733

(1) "The Ohio college opportunity grant program" means the	49734
program established under section 3333.122 of the Revised Code.	49735

(2) "Rules for the Ohio college opportunity grant program"	49736
means the rules authorized in division (S) of section 3333.04 of	49737
the Revised Code for the implementation of the program.	49738

(B) In adopting rules for the Ohio college opportunity grant	49739
program, the chancellor of the Ohio board of regents may include	49740
provisions that give preferential or priority funding to	49741
low-income students who in their primary and secondary school work	49742
participate in or complete rigorous academic coursework, attain	49743
passing scores on the ~~tests~~assessments prescribed in section	49744
3301.0710 of the Revised Code, or meet other high academic	49745
performance standards determined by the chancellor to reduce the	49746
need for remediation and ensure academic success at the	49747
postsecondary education level. Any such rules shall include a	49748
specification of procedures needed to certify student achievement	49749
of primary and secondary standards as well as the timeline for	49750
implementation of the provisions authorized by this section.	49751

Sec. 3333.16. As used in this section "state institution of	49752
higher education" means an institution of higher education as	49753
defined in section 3345.12 of the Revised Code.	49754

(A) The chancellor of the Ohio board of regents shall do all	49755
of the following:	49756

(1) Establish policies and procedures applicable to all state	49757
institutions of higher education that ensure that students can	49758
begin higher education at any state institution of higher	49759
education and transfer coursework and degrees to any other state	49760
institution of higher education without unnecessary duplication or	49761
institutional barriers. The purpose of this requirement is to	49762
allow students to attain their highest educational aspirations in	49763
the most efficient and effective manner for the students and the	49764
state. These policies and procedures shall require state	49765
institutions of higher education to make changes or modifications,	49766
as needed, to strengthen course content so as to ensure	49767
equivalency for that course at any state institution of higher	49768
education.	49769

(2) Develop and implement a universal course equivalency	49770
classification system for state institutions of higher education	49771
so that the transfer of students and the transfer and articulation	49772
of equivalent courses or specified learning modules or units	49773
completed by students are not inhibited by inconsistent judgment	49774
about the application of transfer credits. Coursework completed	49775
within such a system at one state institution of higher education	49776
and transferred to another institution shall be applied to the	49777
student's degree objective in the same manner as equivalent	49778
coursework completed at the receiving institution.	49779

(3) Develop a system of transfer policies that ensure that	49780
graduates with associate degrees which include completion of	49781
approved transfer modules shall be admitted to a state institution	49782
of higher education, shall be able to compete for admission to	49783
specific programs on the same basis as students native to the	49784
institution, and shall have priority over out-of-state associate	49785
degree graduates and transfer students. To assist a student in	49786
advising and transferring, all state institutions of higher	49787
education shall fully implement the ~~course applicability~~	49788
information system for advising and transferring selected by,	49789
contracted for, or developed by the chancellor.	49790

(4) Examine the feasibility of developing a transfer	49791
marketing agenda that includes materials and interactive	49792
technology to inform the citizens of Ohio about the availability	49793
of transfer options at state institutions of higher education and	49794
to encourage adults to return to colleges and universities for	49795
additional education;	49796

(5) Study, in consultation with the state board of career	49797
colleges and schools, and in light of existing criteria and any	49798
other criteria developed by the articulation and transfer advisory	49799
council, the feasibility of credit recognition and transferability	49800
to state institutions of higher education for graduates who have	49801
received associate degrees from a career college or school with a	49802
certificate of registration from the state board of career	49803
colleges and schools under Chapter 3332. of the Revised Code.	49804

(B) All provisions of the existing articulation and transfer	49805
policy developed by the Ohio board of regents shall remain in	49806
effect except where amended by this section.	49807

Sec. 3333.28. (A) The chancellor of the Ohio board of	49808
regents shall establish the nurse education assistance program,	49809
the purpose of which shall be to make loans to students enrolled	49810
in prelicensure nurse education programs at institutions approved	49811
by the board of nursing under section 4723.06 of the Revised Code	49812
and postlicensure nurse education programs approved by the	49813
chancellor under section 3333.04 of the Revised Code or offered by	49814
an institution holding a certificate of authorization issued under	49815
Chapter 1713. of the Revised Code. The board of nursing shall	49816
assist the chancellor in administering the program.	49817

(B) There is hereby created in the state treasury the nurse	49818
education assistance fund, which shall consist of all money	49819
transferred to it pursuant to section 4743.05 of the Revised Code.	49820
The fund shall be used by the chancellor for loans made under	49821
division (A) of this section and for expenses of administering the	49822
loan program.	49823

(C) Between July 1, 2005, and January 1, 2012, the chancellor	49824
shall distribute money in the nurse education assistance fund in	49825
the following manner:	49826

(1)(a) Fifty per cent of available funds shall be awarded as	49827
loans to registered nurses enrolled in postlicensure nurse	49828
education programs described in division (A) of this section. To	49829
be eligible for a loan, the applicant shall provide the chancellor	49830
with a letter of intent to practice as a faculty member at a	49831
prelicensure or postlicensure program for nursing in this state	49832
upon completion of the applicant's academic program.	49833

(b) If the borrower of a loan under division (C)(1)(a) of	49834
this section secures employment as a faculty member of an approved	49835
nursing education program in this state within six months	49836
following graduation from an approved nurse education program, the	49837
chancellor may forgive the principal and interest of the student's	49838
loans received under division (C)(1)(a) of this section at a rate	49839
of twenty-five per cent per year, for a maximum of four years, for	49840
each year in which the borrower is so employed. A deferment of the	49841
service obligation, and other conditions regarding the forgiveness	49842
of loans may be granted as provided by the rules adopted under	49843
division (D)(7) of this section.	49844

(c) Loans awarded under division (C)(1)(a) of this section	49845
shall be awarded on the basis of the student's expected family	49846
contribution, with preference given to those applicants with the	49847
lowest expected family contribution. However, the chancellor may	49848
consider other factors the chancellor determines relevant in	49849
ranking the applications.	49850

(d) Each loan awarded to a student under division (C)(1)(a)	49851
of this section shall be not less than five thousand dollars per	49852
year.	49853

(2) Twenty-five per cent of available funds shall be awarded	49854
to students enrolled in prelicensure nurse education programs for	49855
registered nurses, as defined in section 4723.01 of the Revised	49856
Code.	49857

(3) Twenty-five per cent of available funds shall be awarded	49858
to students enrolled in ~~prelicensure professional~~ nurse education	49859
programs ~~for licensed practical nurses, as defined in section~~	49860
~~4723.01 of the Revised Code~~as determined by the chancellor, with	49861
preference given to programs aimed at increasing enrollment in an	49862
area of need.	49863

After January 1, 2012, the chancellor shall determine the	49864
manner in which to distribute loans under this section.	49865

(D) Subject to the requirements specified in division (C) of	49866
this section, the chancellor shall adopt rules in accordance with	49867
Chapter 119. of the Revised Code establishing:	49868

(1) Eligibility criteria for receipt of a loan;

49869

(2) Loan application procedures;

49870

(3) The amounts in which loans may be made and the total	49871
amount that may be loaned to an individual;	49872

(4) The total amount of loans that can be made each year;

49873

(5) The percentage of the money in the fund that must remain	49874
in the fund at all times as a fund balance;	49875

(6) Interest and principal repayment schedules;

49876

(7) Conditions under which a portion of principal and	49877
interest obligations incurred by an individual under the program	49878
will be forgiven;	49879

(8) Ways that the program may be used to encourage	49880
individuals who are members of minority groups to enter the	49881
nursing profession;	49882

(9) Any other matters incidental to the operation of the	49883
program.	49884

(E) The obligation to repay a portion of the principal and	49885
interest on a loan made under this section shall be forgiven if	49886
the recipient of the loan meets the criteria for forgiveness	49887
established by division (C)(1)(b) of this section, in the case of	49888
loans awarded under division (C)(1)(a) of this section, or by the	49889
chancellor under the rule adopted under division (D)(7) of this	49890
section, in the case of other loans awarded under this section.	49891

(F) The receipt of a loan under this section shall not affect	49892
a student's eligibility for assistance, or the amount of that	49893
assistance, granted under section 3333.12, 3333.122, 3333.22,	49894
3333.26, ~~3333.27,~~ 5910.03, 5910.032, or 5919.34 of the Revised	49895
Code, but the rules of the chancellor may provide for taking	49896
assistance received under those sections into consideration when	49897
determining a student's eligibility for a loan under this section.	49898

Sec. 3333.35. The state board of education and the	49899
chancellor of the Ohio board of regents shall strive to reduce	49900
unnecessary student remediation costs incurred by colleges and	49901
universities in this state, increase overall access for students	49902
to higher education, enhance the post-secondary enrollment options	49903
program in accordance with Chapter 3365. of the Revised Code, and	49904
enhance the alternative resident educator licensure program in	49905
accordance with section 3319.26 of the Revised Code.	49906

Sec. 3333.38. (A) As used in this section:

49907

(1) "Institution of higher education" includes all of the	49908
following:	49909

(a) A state institution of higher education, as defined in	49910
section 3345.011 of the Revised Code;	49911

(b) A nonprofit institution issued a certificate of	49912
authorization under Chapter 1713. of the Revised Code;	49913

(c) A private institution exempt from regulation under	49914
Chapter 3332. of the Revised Code, as prescribed in section	49915
3333.046 of the Revised Code;	49916

(d) An institution of higher education with a certificate of	49917
registration from the state board of career colleges and schools	49918
under Chapter 3332. of the Revised Code.	49919

(2) "Student financial assistance supported by state funds"	49920
includes assistance granted under sections 3315.33, 3333.12,	49921
3333.122, 3333.21, 3333.26, ~~3333.27,~~ 3333.28, 3333.372, 3333.391,	49922
5910.03, 5910.032, and 5919.34 of the Revised Code, financed by	49923
an award under the choose Ohio first scholarship program	49924
established under section 3333.61 of the Revised Code, or	49925
financed by an award under the Ohio co-op/internship program	49926
established under section 3333.72 of the Revised Code, and any	49927
other post-secondary student financial assistance supported by	49928
state funds.	49929

(B) An individual who is convicted of, pleads guilty to, or	49930
is adjudicated a delinquent child for one of the following	49931
violations shall be ineligible to receive any student financial	49932
assistance supported by state funds at an institution of higher	49933
education for two calendar years from the time the individual	49934
applies for assistance of that nature:	49935

(1) A violation of section 2917.02 or 2917.03 of the Revised	49936
Code;	49937

(2) A violation of section 2917.04 of the Revised Code that	49938
is a misdemeanor of the fourth degree;	49939

(3) A violation of section 2917.13 of the Revised Code that	49940
is a misdemeanor of the fourth or first degree and occurs within	49941
the proximate area where four or more others are acting in a	49942
course of conduct in violation of section 2917.11 of the Revised	49943
Code.	49944

(C) If an individual is convicted of, pleads guilty to, or is	49945
adjudicated a delinquent child for committing a violation of	49946
section 2917.02 or 2917.03 of the Revised Code, and if the	49947
individual is enrolled in a state-supported institution of higher	49948
education, the institution in which the individual is enrolled	49949
shall immediately dismiss the individual. No state-supported	49950
institution of higher education shall admit an individual of that	49951
nature for one academic year after the individual applies for	49952
admission to a state-supported institution of higher education.	49953
This division does not limit or affect the ability of a	49954
state-supported institution of higher education to suspend or	49955
otherwise discipline its students.	49956

Sec. 3333.39. The chancellor of the Ohio board of regents and	49957
the superintendent of public instruction shall establish and	49958
administer the teach Ohio program to promote and encourage	49959
citizens of this state to consider teaching as a profession. The	49960
program shall include all of the following:	49961

(A) A statewide program administered by a nonprofit	49962
corporation that has been in existence for at least fifteen years	49963
with demonstrated results in encouraging high school students from	49964
economically disadvantaged groups to enter the teaching	49965
profession. The chancellor and superintendent jointly shall select	49966
the nonprofit corporation.	49967

(B) The Ohio teaching fellows program established under	49968
sections 3333.391 and 3333.392 of the Revised Code;	49969

(C) The Ohio teacher residency program established under	49970
section 3319.223 of the Revised Code;	49971

(D) Alternative licensure procedures established under	49972
section 3319.26 of the Revised Code;	49973

(E) Any other program as identified by the chancellor and the	49974
superintendent.	49975

Sec. 3333.391. (A) As used in this section and in section	49976
3333.392 of the Revised Code:	49977

(1) "Academic year" shall be as defined by the chancellor of	49978
the Ohio board of regents.	49979

(2) "Hard-to-staff school" and "hard-to-staff subject" shall	49980
be as defined by the department of education.	49981

(3) "Parent" means the parent, guardian, or custodian of a	49982
qualified student.	49983

(4) "Qualified service" means teaching at a qualifying	49984
school.	49985

(5) "Qualifying school" means a hard-to-staff school district	49986
building or a school district building that has a performance	49987
rating of academic watch or academic emergency under section	49988
3302.03 of the Revised Code at the time the recipient becomes	49989
employed by the district.	49990

(B) The chancellor of the Ohio board of regents and the	49991
superintendent of public instruction jointly shall develop and	49992
agree on a plan for the Ohio teaching fellows program to promote	49993
and encourage high school seniors to enter and remain in the	49994
teaching profession. Upon agreement of such a plan, the chancellor	49995
shall establish and administer the program in conjunction with the	49996
superintendent and with the cooperation of teacher training	49997
institutions. Under the program, the chancellor annually shall	49998
provide scholarships to students who commit to teaching in a	49999
qualifying school for a minimum of four years upon graduation from	50000
a teacher training program at a state institution of higher	50001
education or an Ohio nonprofit institution of higher education	50002
that has a certificate of authorization under Chapter 1713. of the	50003
Revised Code. The scholarships shall be for up to four years at	50004
the undergraduate level at an amount determined by the chancellor	50005
based on state appropriations.	50006

(C) The chancellor shall adopt a competitive process for	50007
awarding scholarships under the teaching fellows program, which	50008
shall include minimum grade point average and scores on national	50009
standardized tests for college admission. The process shall also	50010
give additional consideration to all of the following:	50011

(1) A person who has participated in the program described in	50012
division (A) of section 3333.39 of the Revised Code;	50013

(2) A person who plans to specialize in teaching students	50014
with special needs;	50015

(3) A person who plans to teach in the disciplines of	50016
science, technology, engineering, or mathematics.	50017

The chancellor shall require that all applicants to the	50018
teaching fellows program shall file a statement of service status	50019
in compliance with section 3345.32 of the Revised Code, if	50020
applicable, and that all applicants have not been convicted of,	50021
plead guilty to, or adjudicated a delinquent child for any	50022
violation listed in section 3333.38 of the Revised Code.	50023

(D) Teaching fellows shall complete the four-year teaching	50024
commitment within not more than seven years after graduating from	50025
the teacher training program. Failure to fulfill the commitment	50026
shall convert the scholarship into a loan to be repaid under	50027
section 3333.392 of the Revised Code.	50028

(E) The chancellor shall adopt rules in accordance with	50029
Chapter 119. of the Revised Code to administer this section and	50030
section 3333.392 of the Revised Code.	50031

Sec. 3333.392. (A) Each recipient who accepts a scholarship	50032
under the Ohio teaching fellows program created under section	50033
3333.391 of the Revised Code, or the recipient's parent if the	50034
recipient is younger than eighteen years of age, shall sign a	50035
promissory note payable to the state in the event the recipient	50036
does not satisfy the service requirement of division (D) of	50037
section 3333.391 of the Revised Code or the scholarship is	50038
terminated. The amount payable under the note shall be the amount	50039
of total scholarships accepted by the recipient under the program	50040
plus ten per cent interest accrued annually beginning on the first	50041
day of September after graduating from the teacher training	50042
program or immediately after termination of the scholarship. The	50043
period of repayment under the note shall be determined by the	50044
chancellor of the Ohio board of regents. The note shall stipulate	50045
that the obligation to make payments under the note is canceled	50046
following completion of four years of qualified service by the	50047
recipient in accordance with division (D) of section 3333.391 of	50048
the Revised Code, or if the recipient dies, becomes totally and	50049
permanently disabled, or is unable to complete the required	50050
qualified service as a result of a reduction in force at the	50051
recipient's school of employment before the obligation under the	50052
note has been satisfied.	50053

(B) Repayment of the principal amount of the scholarship and	50054
interest accrued shall be deferred while the recipient is enrolled	50055
in an approved teaching program, while the recipient is seeking	50056
employment to fulfill the service obligation, for a period not to	50057
exceed six months, or while the recipient is engaged in qualified	50058
service.	50059

(C) During the seven-year period following the recipient's	50060
graduation from an approved teaching program, the chancellor shall	50061
deduct twenty-five per cent of the outstanding balance that may be	50062
converted to a loan for each year the recipient teaches at a	50063
qualifying school.	50064

(D) The chancellor may terminate the scholarship, in which	50065
case the scholarship shall be converted to a loan to be repaid	50066
under division (A) of this section.	50067

(E) The scholarship shall be deemed terminated upon the	50068
recipient's withdrawal from school or the recipient's failure to	50069
meet the standards of the scholarship as determined by the	50070
chancellor and shall be converted to a loan to be repaid under	50071
division (A) of this section.	50072

(F) The chancellor and the attorney general shall collect	50073
payments on the converted loan in accordance with section 131.02	50074
of the Revised Code.	50075

Sec. 3333.61. The chancellor of the Ohio board of regents	50076
shall establish and administer the Ohio innovation partnership,	50077
which shall consist of the choose Ohio first scholarship program	50078
and the Ohio research scholars program. Under the programs, the	50079
chancellor, subject to approval by the controlling board, shall	50080
make awards to state universities or colleges for programs and	50081
initiatives that recruit students and scientists in the fields of	50082
science, technology, engineering, mathematics, and medicine to	50083
state universities or colleges, in order to enhance regional	50084
educational and economic strengths and meet the needs of the	50085
state's regional economies. Awards may be granted for programs and	50086
initiatives to be implemented by a state university or college	50087
alone or in collaboration with other state institutions of higher	50088
education, nonpublic Ohio universities and colleges, or other	50089
public or private Ohio entities. If the chancellor makes an award	50090
to a program or initiative that is intended to be implemented by a	50091
state university or college in collaboration with other state	50092
institutions of higher education or nonpublic Ohio universities or	50093
colleges, the chancellor may provide that some portion of the	50094
award be received directly by the collaborating universities or	50095
colleges consistent with all terms of the Ohio innovation	50096
partnership.	50097

The choose Ohio first scholarship program shall assign a	50098
number of scholarships to state universities and colleges to	50099
recruit Ohio residents as undergraduate, or as provided in section	50100
3333.66 of the Revised Code graduate, students in the fields of	50101
science, technology, engineering, mathematics, and medicine, or	50102
in science, technology, engineering, mathematics, or medical	50103
education. Choose Ohio first scholarships shall be awarded to each	50104
participating eligible student as a grant to the state university	50105
or college the student is attending and shall be reflected on the	50106
student's tuition bill. Choose Ohio first scholarships are	50107
student-centered grants from the state to students to use to	50108
attend a university or college and are not grants from the state	50109
to universities or colleges.	50110

Notwithstanding any other provision of this section or	50111
sections 3333.62 to 3333.70 of the Revised Code, a nonpublic	50112
four-year Ohio institution of higher education may submit a	50113
proposal for choose Ohio first scholarships ~~if the proposal is to~~	50114
~~be implemented in collaboration with a state university or~~	50115
~~college~~or Ohio research scholars grants. If the chancellor ~~grants~~	50116
awards a nonpublic institution ~~an award of~~ scholarships or	50117
grants, the nonpublic institution shall comply with all	50118
requirements of this section, sections 3333.62 to 3333.70 of the	50119
Revised Code, and the rules adopted under this section that apply	50120
to state universities or colleges awarded choose Ohio first	50121
scholarships or Ohio research scholars grants.	50122

The Ohio research scholars program shall award grants to use	50123
in recruiting scientists to the faculties of state universities or	50124
colleges.	50125

The chancellor shall adopt rules in accordance with Chapter	50126
119. of the Revised Code to administer the programs.	50127

Sec. 3333.66. (A) In(1) Except as provided in division	50128
(A)(2) of this section, in each academic year, no student who	50129
receives a choose Ohio first scholarship shall receive less than	50130
one thousand five hundred dollars or more than one-half of the	50131
highest in-state undergraduate instructional and general fees	50132
charged by all state universities. For this purpose, if Miami	50133
university is implementing the pilot tuition restructuring plan	50134
originally recognized in Am. Sub. H.B. 95 of the 125th general	50135
assembly, that university's instructional and general fees shall	50136
be considered to be the average full-time in-state undergraduate	50137
instructional and general fee amount after taking into account the	50138
Ohio resident and Ohio leader scholarships and any other credit	50139
provided to all Ohio residents.	50140

(2) The chancellor of the Ohio board of regents may authorize	50141
a state university or college or a nonpublic Ohio institution of	50142
higher education to award a choose Ohio first scholarship in an	50143
amount greater than one-half of the highest in-state undergraduate	50144
instructional and general fees charged by all state universities	50145
to either of the following:	50146

(a) Any undergraduate student who qualifies for a scholarship	50147
and is enrolled in a program leading to a teaching profession in	50148
science, technology, engineering, mathematics, or medicine;	50149

(b) Any graduate student who qualifies for a scholarship, if	50150
any initiatives are selected for award under division (B) of this	50151
section.	50152

(B) The chancellor ~~of the Ohio board of regents~~ shall	50153
encourage state universities and colleges, alone or in	50154
collaboration with other state institutions of higher education,	50155
nonpublic Ohio universities and colleges, or other public or	50156
private Ohio entities, to submit proposals under the choose Ohio	50157
first scholarship program for initiatives that recruit Ohio	50158
residents enrolled in colleges and universities in other states or	50159
other countries to return to Ohio and enroll in state universities	50160
or colleges as graduate students in the fields of science,	50161
technology, engineering, mathematics, and medicine, or in the	50162
fields of science, technology, engineering, mathematics, or	50163
medical education. If such proposals are submitted and meet the	50164
chancellor's competitive criteria for awards, the chancellor,	50165
subject to approval by the controlling board, shall give at least	50166
one of the proposals preference for an award.	50167

(C) The general assembly intends that money appropriated for	50168
the choose Ohio first scholarship program in each fiscal year be	50169
used for scholarships in the following academic year.	50170

Sec. 3333.83. (A) A student who is enrolled in a school	50171
operated by a school district or in a community school or STEM	50172
school may enroll in a course through the clearinghouse only if	50173
both of the following conditions are satisfied:	50174

(1) The student's enrollment in the course is approved by the	50175
student's school district, community school, or STEM school.	50176

(2) The student's school district, community school, or	50177
STEM school agrees to accept for credit the grade assigned by	50178
the course provider, if that provider is another school	50179
district, community school, or STEM school.	50180

(B) For each student enrolled in a school operated by a	50181
school district or in a community school or STEM school who is	50182
enrolling in a course provided through the clearinghouse by	50183
another school district, community school, or STEM school, the	50184
student's school district, community school, or STEM school	50185
shall transmit the student's name to the course provider.	50186

The course provider may request from the student's school	50187
district, community school, or STEM school other information	50188
from the student's school record. The district or school shall	50189
provide the requested information only in accordance with	50190
section 3319.321 of the Revised Code.	50191

(C) The student's school district, community school, or STEM	50192
school shall determine the manner in which and facilities at	50193
which the student shall participate in the course consistent	50194
with specifications for technology and connectivity adopted by	50195
the chancellor of the Ohio board of regents.	50196

(D) A student may withdraw from a course prior to the end of	50197
the course only by a date and in a manner prescribed by the	50198
student's school district, community school, or STEM school.	50199

(E) A student who is enrolled in a school operated by a	50200
school district or in a ~~community school or~~ STEM school that is	50201
governed as provided in section 3326.51 of the Revised Code and	50202
who takes a course through the clearinghouse shall be counted	50203
in the formula ADM of a school district under section 3317.03	50204
of the Revised Code as if the student were taking the course	50205
from the student's school district~~, community school,~~ or STEM	50206
school.	50207

Sec. 3333.90. (A) As used in this section:

50208

(1) "Allocated state share of instruction" means, for any	50209
fiscal year, the amount of the state share of instruction	50210
appropriated to the Ohio board of regents by the general assembly	50211
that is allocated to a community or technical college or community	50212
or technical college district for such fiscal year.	50213

(2) "Authority" means the Ohio building authority.

50214

(3) "Bond service charges" has the same meaning as in section	50215
152.09 of the Revised Code.	50216

(4) "Chancellor" means the chancellor of the Ohio board of	50217
regents.	50218

(5) "Community or technical college" or "college" means any	50219
of the following state-supported or state-assisted institutions of	50220
higher education:	50221

(a) A community college as defined in section 3354.01 of the	50222
Revised Code;	50223

(b) A technical college as defined in section 3357.01 of the	50224
Revised Code;	50225

(c) A state community college as defined in section 3358.01	50226
of the Revised Code.	50227

(6) "Community or technical college district" or "district"	50228
means any of the following institutions of higher education that	50229
are state-supported or state-assisted:	50230

(a) A community college district as defined in section	50231
3354.01 of the Revised Code;	50232

(b) A technical college district as defined in section	50233
3357.01 of the Revised Code;	50234

(c) A state community college district as defined in section	50235
3358.01 of the Revised Code.	50236

(7) "Credit enhancement facilities" has the same meaning as	50237
in section 133.01 of the Revised Code.	50238

(8) "Obligations" has the meaning as in section 152.09 or	50239
3345.12 of the Revised Code, as the context requires.	50240

(B) The board of trustees of any community or technical	50241
college district authorizing the issuance of obligations under	50242
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	50243
Revised Code, or for whose benefit and on whose behalf the	50244
authority proposes to issue obligations under division (G) of	50245
section 152.09 of the Revised Code, may adopt a resolution	50246
requesting the chancellor to enter into an agreement with the	50247
community or technical college district and the primary paying	50248
agent or fiscal agent for such obligations, providing for the	50249
withholding and deposit of funds otherwise due the district or the	50250
community or technical college it operates in respect of its	50251
allocated state share of instruction, for the payment of bond	50252
service charges on such obligations.	50253

The board of trustees shall deliver to the chancellor a copy	50254
of the resolution and any additional pertinent information the	50255
chancellor may require.	50256

The chancellor and the office of budget and management, and	50257
the authority in the case of obligations to be issued by the	50258
authority, shall evaluate each request received from a community	50259
or technical college district under this section. The chancellor,	50260
with the advice and consent of the director of budget and	50261
management and the authority in the case of obligations to be	50262
issued by the authority, shall approve each request if all of the	50263
following conditions are met:	50264

(1) Approval of the request will enhance the marketability of	50265
the obligations for which the request is made;	50266

(2) The chancellor and the office of budget and management,	50267
and the authority in the case of obligations to be issued by the	50268
authority, have no reason to believe the requesting community or	50269
technical college district or the community or technical college	50270
it operates will be unable to pay when due the bond service	50271
charges on the obligations for which the request is made, and bond	50272
service charges on those obligations are therefore not anticipated	50273
to be paid pursuant to this section from the allocated state share	50274
of instruction for purposes of Section 17 of Article VIII, Ohio	50275
Constitution.	50276

(3) Any other pertinent conditions established in rules	50277
adopted under division (H) of this section.	50278

(C) If the chancellor approves the request of a community or	50279
technical college district to withhold and deposit funds pursuant	50280
to this section, the chancellor shall enter into a written	50281
agreement with the district and the primary paying agent or fiscal	50282
agent for the obligations, which agreement shall provide for the	50283
withholding of funds pursuant to this section for the payment of	50284
bond service charges on those obligations. The agreement may also	50285
include both of the following:	50286

(1) Provisions for certification by the district to the	50287
chancellor, prior to the deadline for payment of the applicable	50288
bond service charges, whether the district and the community or	50289
technical college it operates are able to pay those bond service	50290
charges when due;	50291

(2) Requirements that the district or the community or	50292
technical college it operates deposits amounts for the payment of	50293
those bond service charges with the primary paying agent or fiscal	50294
agent for the obligations prior to the date on which the bond	50295
service charges are due to the owners or holders of the	50296
obligations.	50297

(D) Whenever a district or the community or technical college	50298
it operates notifies the chancellor that it will not be able to	50299
pay the bond service charges when they are due, subject to the	50300
withholding provisions of this section, or whenever the applicable	50301
paying agent or fiscal agent notifies the chancellor that it has	50302
not timely received from a district or from the college it	50303
operates the full amount needed for payment of the bond service	50304
charges when due to the holders or owners of such obligations, the	50305
chancellor shall immediately contact the district or college and	50306
the paying agent or fiscal agent to confirm that the district and	50307
the college are not able to make the required payment by the date	50308
on which it is due.	50309

If the chancellor confirms that the district and the college	50310
are not able to make the payment and the payment will not be made	50311
pursuant to a credit enhancement facility, the chancellor shall	50312
promptly pay to the applicable primary paying agent or fiscal	50313
agent the lesser of the amount due for bond service charges or the	50314
amount of the next periodic distribution scheduled to be made to	50315
the district or to the college in respect of its allocated state	50316
share of instruction. If this amount is insufficient to pay the	50317
total amount then due the agent for the payment of bond service	50318
charges, the chancellor shall continue to pay to the agent from	50319
each periodic distribution thereafter, and until the full amount	50320
due the agent for unpaid bond service charges is paid in full, the	50321
lesser of the remaining amount due the agent for bond service	50322
charges or the amount of the next periodic distribution scheduled	50323
to be made to the district or college in respect of its allocated	50324
state share of instruction.	50325

(E) The chancellor may make any payments under this section	50326
by direct deposit of funds by electronic transfer.	50327

Any amount received by a paying agent or fiscal agent under	50328
this section shall be applied only to the payment of bond service	50329
charges on the obligations of the community or technical college	50330
district or community or technical college subject to this section	50331
or to the reimbursement of the provider of a credit enhancement	50332
facility that has paid the bond service charges.	50333

(F) The chancellor may make payments under this section to	50334
paying agents or fiscal agents during any fiscal biennium of the	50335
state only from and to the extent that money is appropriated to	50336
the board of regents by the general assembly for distribution	50337
during such biennium for the state share of instruction and only	50338
to the extent that a portion of the state share of instruction has	50339
been allocated to the community or technical college district or	50340
community or technical college. Obligations of the authority or of	50341
a community or technical college district to which this section is	50342
made applicable do not constitute an obligation or a debt or a	50343
pledge of the faith, credit, or taxing power of the state, and the	50344
holders or owners of those obligations have no right to have	50345
excises or taxes levied or appropriations made by the general	50346
assembly for the payment of bond service charges on the	50347
obligations, and the obligations shall contain a statement to that	50348
effect. The agreement for or the actual withholding and payment of	50349
money under this section does not constitute the assumption by the	50350
state of any debt of a community or technical college district or	50351
a community or technical college, and bond service charges on the	50352
related obligations are not anticipated to be paid from the state	50353
general revenue fund for purposes of Section 17 of Article VIII,	50354
Ohio Constitution.	50355

(G) In the case of obligations subject to the withholding	50356
provisions of this section, the issuing community or technical	50357
college district, or the authority in the case of obligations	50358
issued by the authority, shall appoint a paying agent or fiscal	50359
agent who is not an officer or employee of the district or	50360
college.	50361

(H) The chancellor, with the advice and consent of the office	50362
of budget and management, may adopt reasonable rules not	50363
inconsistent with this section for the implementation of this	50364
section to secure payment of bond service charges on obligations	50365
issued by a community or technical college district or by the	50366
authority for the benefit of a community or technical college	50367
district or the community or technical college it operates. Those	50368
rules shall include criteria for the evaluation and approval or	50369
denial of community or technical college district requests for	50370
withholding under this section.	50371

(I) The authority granted by this section is in addition to	50372
and not a limitation on any other authorizations granted by or	50373
pursuant to law for the same or similar purposes.	50374

Sec. 3333.91. (A) As used in this section, "bioscience	50375
sector" includes companies that manufacture medical devices,	50376
biopharmaceutical products, biofuel, or agricultural bioproducts;	50377
health care service companies; health care organizations; and	50378
medical research organizations.	50379

(B) The chancellor of the Ohio board of regents shall provide	50380
grants to entities that satisfy the requirements specified in	50381
this section to provide training for individuals who are not	50382
employed in the field of biotechnology or the bioscience sector	50383
and wish to receive training to be employed in that field or	50384
sector. The chancellor may provide such grants to entities	50385
engaged in any other field in which critical demands exist for	50386
certain skills.	50387

(C) The chancellor may accept applications for training grant	50388
funds awarded pursuant to this section from any of the following	50389
entities:	50390

(1) A municipal corporation that provides any of the	50391
training programs described in division (D) of this section;	50392

(2) An employer, including an intermediary or a training	50393
agent of the employer, that provides any of the training programs	50394
described in division (D) of this section;	50395

(3) Any of the following entities that sponsor multi-company	50396
employee training projects that offer programs described in	50397
division (D) of this section if those projects will address	50398
common training needs identified by employers that elect to	50399
participate in the project offered by the entity:	50400

(a) Business associations;

50401

(b) Strategic business partnerships;

50402

50403

(d) Large manufacturers for supplier network companies;

50404

(e) Agencies of the state or of a political subdivision of	50405
the state or grant recipients under the federal "Workforce	50406
Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as	50407
amended.	50408

(D) The chancellor may award grants to eligible applicants	50409
described in division (C) of this section if in the application,	50410
the applicant specifies that the money received from the grant	50411
will be used for employee training programs that include, but are	50412
not limited to, any of the following:	50413

(1) Training programs that are in response to new or changing	50414
technology introduced into the workplace;	50415

(2) Job-linked training programs that offer special skills	50416
for career advancement or that are preparatory for, and lead	50417
directly to, a job with definite career potential and long-term	50418
job security;	50419

(3) Training programs that are necessary to implement a total	50420
quality management system, a total quality improvement system, or	50421
both within the workplace;	50422

(4) Training related to learning how to operate new machinery	50423
or equipment;	50424

(5) Training for employees of companies that are expanding	50425
into new markets or expanding exports from this state and that	50426
provide jobs in this state;	50427

(6) Basic training, remedial training, or both of employees	50428
as a prerequisite for other vocational or technical skills	50429
training or as a condition for sustained employment;	50430

(7) Other training activities, training projects, or both,	50431
related to the support, development, or evaluation of job training	50432
programs, activities, and delivery systems, including training	50433
needs assessment and design.	50434

(E) The chancellor shall use the same competitive process	50435
established under section 3333.73 of the Revised Code for making	50436
awards under the Ohio co-op/internship program, adapted as	50437
necessary, to award training grants under this section.	50438

(F) The chancellor shall adopt rules in accordance with	50439
Chapter 119. of the Revised Code to establish the terms and	50440
conditions under which a grant may be awarded under this section	50441
and as necessary to implement this section. The chancellor shall	50442
include in the rules a requirement that, if an entity that	50443
applies for a grant awarded under this section is not an	50444
employer, the entity must specify in the entity's application	50445
employers that will benefit from the training the entity provides	50446
to ensure that the training provided satisfies the needs of	50447
employers located in the area where the entity provides the	50448
training programs described in division (D) of this section. No	50449
grant awarded under this section shall be for an amount that	50450
exceeds fifty per cent of the allowable costs of the training	50451
programs described in division (D) of this section provided by an	50452
entity described in division (C) of this section. Under this	50453
section, allowable costs include, but are not limited to, the	50454
following costs:	50455

(1) Administrative costs for tracking, documenting,	50456
reporting, and processing training funds or project costs;	50457

(2) Costs for developing a curriculum;

50458

(3) Wages for instructors and if the individuals receiving	50459
training are employed by the employer who offers the program,	50460
wages for those individuals;	50461

(4) Costs incurred for producing training materials,	50462
including scrap product costs;	50463

(5) Trainee travel expenses;

50464

(6) Costs for rent, purchase, or lease of training equipment;

50465

(7) Other usual and customary training costs.

50466

(G) An entity described in division (C) of this section shall	50467
use money received from a grant only for the programs that the	50468
entity specified in the entity's application in accordance with	50469
division (D) of this section. A municipal corporation that	50470
receives a grant under this section may use the money received for	50471
a training program that also is funded pursuant to the federal	50472
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	50473
as amended.	50474

(H) The chancellor shall adopt rules in accordance with	50475
Chapter 119. of the Revised Code to establish methods and	50476
procedures the chancellor shall use to identify transitional jobs	50477
and to develop and identify training strategies that will enable	50478
individuals who are not employed in the field of biotechnology or	50479
the bioscience sector to be employed in that field or sector.	50480

(I) The chancellor shall require an employee of the board of	50481
regents to conduct at least one on-site visit to monitor the	50482
application of the grant and compliance with this section and any	50483
rules the chancellor adopts pursuant to it, either during the	50484
course of the grant period or within six months after the end of	50485
the grant period. The employee shall verify that the grantee's	50486
financial management system is structured to provide for accurate,	50487
current, and complete disclosure of the financial results of the	50488
grant program in accordance with all provisions, terms, and	50489
conditions contained in the grant contract entered into by the	50490
grantee and the chancellor pursuant to this section and any rules	50491
the chancellor adopts pursuant to it.	50492

Sec. 3334.01. As used in this chapter:

50493

(A) "Aggregate original principal amount" means the aggregate	50494
of the initial offering prices to the public of college savings	50495
bonds, exclusive of accrued interest, if any. "Aggregate original	50496
principal amount" does not mean the aggregate accreted amount	50497
payable at maturity or redemption of such bonds.	50498

(B) "Beneficiary" means:

50499

(1) An individual designated by the purchaser under a tuition	50500
payment contract or through a scholarship program as the	50501
individual on whose behalf tuition units purchased under the	50502
contract or awarded through the scholarship program will be	50503
applied toward the payment of undergraduate, graduate, or	50504
professional tuition; or	50505

(2) An individual designated by the contributor under a	50506
variable college savings program contract as the individual whose	50507
tuition and other higher education expenses will be paid from a	50508
variable college savings program account.	50509

(C) "Capital appreciation bond" means a bond for which the	50510
following is true:	50511

(1) The principal amount is less than the amount payable at	50512
maturity or early redemption; and	50513

(2) No interest is payable on a current basis.

50514

(D) "Tuition unit" means a credit ~~of the Ohio tuition trust~~	50515
~~authority~~ purchased under section 3334.09 of the Revised Code.	50516
"Tuition unit" includes a tuition credit purchased prior to July	50517
1, 1994.	50518

(E) "College savings bonds" means revenue and other	50519
obligations issued on behalf of the state or any agency or issuing	50520
authority thereof as a zero-coupon or capital appreciation bond,	50521
and designated as college savings bonds as provided in this	50522
chapter. "College savings bond issue" means any issue of bonds of	50523
which any part has been designated as college savings bonds.	50524

(F) "Institution of higher education" means a state	50525
institution of higher education, a private college, university, or	50526
other postsecondary institution located in this state that	50527
possesses a certificate of authorization issued ~~by the Ohio board~~	50528
~~of regents~~ pursuant to Chapter 1713. of the Revised Code or a	50529
certificate of registration issued by the state board of career	50530
colleges and schools under Chapter 3332. of the Revised Code, or	50531
an accredited college, university, or other postsecondary	50532
institution located outside this state that is accredited by an	50533
accrediting organization or professional association recognized by	50534
the ~~authority~~chancellor of the Ohio board of regents. To be	50535
considered an institution of higher education, an institution	50536
shall meet the definition of an eligible educational institution	50537
under section 529 of the Internal Revenue Code.	50538

(G) "Issuing authority" means any authority, commission,	50539
body, agency, or individual empowered by the Ohio Constitution or	50540
the Revised Code to issue bonds or any other debt obligation of	50541
the state or any agency or department thereof. "Issuer" means the	50542
issuing authority or, if so designated under division (B) of	50543
section 3334.04 of the Revised Code, the treasurer of state.	50544

(H) "Tuition" means the charges imposed to attend an	50545
institution of higher education as an undergraduate, graduate, or	50546
professional student and all fees required as a condition of	50547
enrollment, as determined by the ~~Ohio tuition trust authority~~	50548
chancellor. "Tuition" does not include laboratory fees, room and	50549
board, or other similar fees and charges.	50550

(I) "Weighted average tuition" means the tuition cost	50551
resulting from the following calculation:	50552

(1) Add the products of the annual undergraduate tuition	50553
charged to Ohio residents at each four-year state university	50554
multiplied by that institution's total number of undergraduate	50555
fiscal year equated students; and	50556

(2) Divide the gross total of the products from division	50557
(I)(1) of this section by the total number of undergraduate fiscal	50558
year equated students attending four-year state universities.	50559

When making this calculation, the "annual undergraduate	50560
tuition charged to Ohio residents" shall not incorporate any	50561
tuition reductions that vary in amount among individual recipients	50562
and that are awarded to Ohio residents based upon their particular	50563
circumstances, beyond any minimum amount awarded uniformly to all	50564
Ohio residents. In addition, any tuition reductions awarded	50565
uniformly to all Ohio residents shall be incorporated into this	50566
calculation.	50567

(J) "Zero-coupon bond" means a bond which has a stated	50568
interest rate of zero per cent and on which no interest is payable	50569
until the maturity or early redemption of the bond, and is offered	50570
at a substantial discount from its original stated principal	50571
amount.	50572

(K) "State institution of higher education" includes the	50573
state universities listed in section 3345.011 of the Revised Code,	50574
community colleges created pursuant to Chapter 3354. of the	50575
Revised Code, university branches created pursuant to Chapter	50576
3355. of the Revised Code, technical colleges created pursuant to	50577
Chapter 3357. of the Revised Code, state community colleges	50578
created pursuant to Chapter 3358. of the Revised Code, and the	50579
northeastern Ohio universities college of medicine.	50580

(L) "Four-year state university" means those state	50581
universities listed in section 3345.011 of the Revised Code.	50582

(M) "Principal amount" refers to the initial offering price	50583
to the public of an obligation, exclusive of the accrued interest,	50584
if any. "Principal amount" does not refer to the aggregate	50585
accreted amount payable at maturity or redemption of an	50586
obligation.	50587

(N) "Scholarship program" means a program registered with the	50588
~~Ohio tuition trust authority~~chancellor pursuant to section	50589
3334.17 of the Revised Code.	50590

(O) "Internal Revenue Code" means the "Internal Revenue Code	50591
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	50592

(P) "Other higher education expenses" means room and board	50593
and books, supplies, equipment, and nontuition-related fees	50594
associated with the cost of attendance of a beneficiary at an	50595
institution of higher education, but only to the extent that such	50596
expenses meet the definition of "qualified higher education	50597
expenses" under section 529 of the Internal Revenue Code. "Other	50598
higher education expenses" does not include tuition as defined in	50599
division (H) of this section.	50600

(Q) "Purchaser" means the person signing the tuition payment	50601
contract, who controls the account and acquires tuition units for	50602
an account under the terms and conditions of the contract.	50603

(R) "Contributor" means a person who signs a variable college	50604
savings program contract with the ~~Ohio tuition trust authority~~	50605
chancellor and contributes to and owns the account created under	50606
the contract.	50607

(S) "Contribution" means any payment directly allocated to an	50608
account for the benefit of the designated beneficiary of the	50609
account.	50610

Sec. 3334.02. (A) In order to help make higher education	50611
affordable and accessible to all citizens of Ohio, to maintain	50612
state institutions of higher education by helping to provide a	50613
stable financial base to these institutions, to provide the	50614
citizens of Ohio with financing assistance for higher education	50615
and protection against rising tuition costs, to encourage saving	50616
to enhance the ability of citizens of Ohio to obtain financial	50617
access to institutions of higher education, to encourage	50618
elementary and secondary students in this state to achieve	50619
academic excellence, and to promote a well-educated and	50620
financially secure population to the ultimate benefit of all	50621
citizens of the state of Ohio, there is hereby created the Ohio	50622
college savings program. The program shall consist of the issuance	50623
of college savings bonds and the sale of tuition units.	50624

(B) The provisions of Chapter 1707. of the Revised Code shall	50625
not apply to tuition units or any agreement or transaction related	50626
thereto.	50627

(C) To provide the citizens of Ohio with a choice of	50628
tax-advantaged college savings programs and the opportunity to	50629
participate in more than one type of college savings program at a	50630
time, the chancellor of the Ohio ~~tuition trust authority~~board of	50631
regents shall establish and administer a variable college savings	50632
program as a qualified state tuition program under section 529 of	50633
the Internal Revenue Code. The program shall allow contributors to	50634
make cash contributions to variable college savings program	50635
accounts created for the purpose of paying future tuition and	50636
other higher education expenses and providing variable rates of	50637
return on contributions.	50638

(D) A person may participate simultaneously in both the Ohio	50639
college savings program and the variable college savings program.	50640

Sec. 3334.03. (A) The chancellor of the Ohio board of	50641
regents shall operate programs under this chapter as a qualified	50642
state tuition program within the meaning of section 529 of the	50643
Internal Revenue Code. The chancellor's exercise of the	50644
chancellor's powers under this chapter shall be and is hereby	50645
declared to be an essential state government function. In	50646
exercising powers under this chapter, the chancellor is subject to	50647
all provisions of law generally applicable to state agencies that	50648
do not conflict with the provisions of this chapter.	50649

(B) The chancellor shall provide the Ohio tuition trust	50650
advisory board with administrative assistance and all necessary	50651
documentation regarding the chancellor's administration of the	50652
programs established under this chapter and the costs of that	50653
administration in order to assist the advisory board in its	50654
preparation of the annual report required under section 3334.031	50655
of the Revised Code and its quarterly meetings.	50656

(C) The chancellor may adopt rules establishing advisory	50657
duties and responsibilities of the advisory board not otherwise	50658
prescribed by law.	50659

~~Sec. 3334.03.~~ Sec. 3334.031. (A) ~~There is hereby created the Ohio~~	50660
~~tuition trust authority, which shall have the powers enumerated in~~	50661
~~this chapter and which shall operate as a qualified state tuition~~	50662
~~program within the meaning of section 529 of the Internal Revenue~~	50663
~~Code. The exercise by the authority of its powers shall be and is~~	50664
~~hereby declared an essential state governmental function. The~~	50665
~~authority is subject to all provisions of law generally applicable~~	50666
~~to state agencies which do not conflict with the provisions of~~	50667
~~this chapter~~The Ohio tuition trust advisory board is hereby	50668
established to advise the chancellor of the Ohio board of regents	50669
on the chancellor's duties and responsibilities under this chapter	50670
and on other matters established by the chancellor in rules	50671
adopted under section 3334.03 of the Revised Code.	50672

(B) The ~~Ohio tuition trust authority~~advisory board shall	50673
submit to the general assembly, in accordance with division (B) of	50674
section 101.68 of the Revised Code, and to the governor, an annual	50675
report on the chancellor's administration of the programs	50676
established under this chapter.	50677

(C) The advisory board shall consist of eleven members, no	50678
more than six of whom shall be of the same political party. ~~Six~~	50679
Seven members shall be appointed by the governor with the advice	50680
and consent of the senate as follows: one shall represent state	50681
institutions of higher education, one shall represent private	50682
nonprofit colleges and universities located in Ohio, one shall	50683
have experience in the field of marketing or public relations, one	50684
shall have experience in the field of information systems design	50685
or management, and ~~two~~three shall have experience in the field of	50686
banking, investment banking, insurance, or law. Four members shall	50687
be appointed by the speaker of the house of representatives and	50688
the president of the senate as follows: the speaker of the house	50689
of representatives shall appoint one member of the house from each	50690
political party and the president of the senate shall appoint one	50691
member of the senate from each political party. ~~The chancellor of~~	50692
~~the board of regents shall be an ex officio voting member;~~	50693
~~provided, however, that the chancellor may designate a~~	50694
~~vice-chancellor of the board of regents to serve as the~~	50695
~~chancellor's representative. The political party of the chancellor~~	50696
~~shall be deemed the political party of the designee for purposes~~	50697
~~of determining that no more than six members are of the same~~	50698
~~political party.~~	50699

Initial gubernatorial appointees to the ~~authority~~advisory	50700
board shall serve staggered terms, with two terms expiring on	50701
January 31, 1991, one term expiring on January 31, 1992, and one	50702
term expiring on January 31, 1993. The governor shall appoint two	50703
additional members to the ~~authority~~advisory board no later than	50704
thirty days after March 30, 1999, and their initial terms shall	50705
expire January 31, 2002. The governor shall appoint an additional	50706
member to the advisory board not later than ninety days after the	50707
effective date of this amendment, and the member's initial term	50708
shall expire January 31, 2013. Thereafter, terms of office for	50709
gubernatorial appointees shall be for four years. The initial	50710
terms of the four legislative members shall expire on January 31,	50711
1991. Thereafter legislative members shall serve two-year terms,	50712
provided that legislative members may continue to serve on the	50713
~~authority~~advisory board only if they remain members of the	50714
general assembly. Any vacancy on the ~~authority~~advisory board	50715
shall be filled in the same manner as the original appointment,	50716
except that any person appointed to fill a vacancy shall be	50717
appointed to the remainder of the unexpired term. Any member is	50718
eligible for reappointment.	50719

~~(C)~~(D) Any member may be removed by the appointing authority	50720
for misfeasance, malfeasance, or willful neglect of duty or for	50721
other cause after notice and a public hearing, unless the notice	50722
and hearing are waived in writing by the member. Members shall	50723
serve without compensation but shall receive their reasonable and	50724
necessary expenses incurred in the conduct of authority business.	50725

~~(D)~~(E) The speaker of the house of representatives and the	50726
president of the senate shall each designate a member of the	50727
~~authority~~advisory board to serve as co-chairpersons. The ~~six~~	50728
seven gubernatorial appointees ~~and the chancellor of the board of~~	50729
~~regents or the chancellor's designee~~ shall serve as the executive	50730
committee of the ~~authority~~advisory board, and shall elect an	50731
executive chairperson from among the executive committee members.	50732
The ~~authority~~advisory board and the executive committee may elect	50733
such other officers as determined by the ~~authority~~advisory board	50734
or the executive committee respectively. The ~~authority~~advisory	50735
board shall meet at least ~~annually~~quarterly at the call of either	50736
co-chairperson and at such other times as either co-chairperson or	50737
the ~~authority~~advisory board determines necessary. In the absence	50738
of both co-chairpersons, the executive chairperson shall serve as	50739
the presiding officer of the ~~authority~~advisory board. The	50740
executive committee shall meet at the call of the executive	50741
chairperson or as the executive committee determines necessary.	50742
The ~~authority~~advisory board may delegate to the executive	50743
committee such duties and responsibilities as the ~~authority~~	50744
advisory board determines appropriate~~, except that the authority~~	50745
~~may not delegate to the executive committee the final~~	50746
~~determination of the annual price of a tuition unit, the final~~	50747
~~designation of bonds as college savings bonds, or the employment~~	50748
~~of an executive director of the authority~~. Upon such delegation,	50749
the executive committee shall have the authority to act pursuant	50750
to such delegation without further approval or action by the	50751
~~authority~~advisory board. A majority of the ~~authority~~advisory	50752
board shall constitute a quorum of the ~~authority~~advisory board,	50753
and the affirmative vote of a majority of the members present	50754
shall be necessary for any action taken by the ~~authority~~advisory	50755
board. A majority of the executive committee shall constitute a	50756
quorum of the executive committee, and the affirmative vote of a	50757
majority of the members present shall be necessary for any action	50758
taken by the executive committee. No vacancy in the membership of	50759
the ~~authority~~advisory board or the executive committee shall	50760
impair the rights of a quorum to exercise all rights and perform	50761
all duties of the ~~authority~~advisory board or the executive	50762
committee, respectively.	50763

Sec. 3334.032. Whenever the term "Ohio tuition trust	50764
authority" is used, referred to, or designated in any statute,	50765
rule, contract, grant, or other document, the use, reference, or	50766
designation shall be construed to mean the "chancellor of the Ohio	50767
board of regents."	50768

Sec. 3334.04. (A) Any bonds authorized for issuance by any	50769
issuing authority may, with the approval of the chancellor of the	50770
Ohio ~~tuitition trust authority~~board of regents and at the option	50771
of the issuing authority, be designated as college savings bonds	50772
in accordance with this chapter. Bonds so designated shall be	50773
known as college savings bonds. The issuer shall sell as college	50774
savings bonds as many bonds from such an issue as is practical.	50775

(B) Issuing authorities designating bonds as a college	50776
savings bonds issue, with the approval of the ~~authority~~	50777
chancellor, may delegate to the treasurer of state the powers and	50778
duties related to the issuance and retirement of the bonds as	50779
provided by law. The financing costs, including the expenses	50780
incurred by the treasurer of ~~the~~ state in performing the powers	50781
and duties, are payable as provided in the bond proceedings from	50782
the bond proceeds, special funds, or other moneys available.	50783

(C) In connection with the authority granted by division (B)	50784
of this section, the issuer, with the approval of the ~~authority~~	50785
chancellor, may contract for services of financial consultants,	50786
accounting experts, marketing, remarketing, underwriter and	50787
administrative agents, and other consultants and independent	50788
contractors as the issuer determines necessary to carry out such	50789
powers and duties.	50790

(D) Notwithstanding any limitation to the contrary, college	50791
savings bonds may be sold at public or private sale in a manner	50792
which assures, to the extent practicable, the broadest retail	50793
distribution of the bonds to investors residing in the state.	50794

(E) Holders of college savings bonds have all of the rights	50795
and remedies accorded to such holders under the provisions of the	50796
law pursuant to which such bonds are issued, whether or not	50797
issuance of such bonds has been delegated to the treasurer of	50798
state pursuant to division (B) of this section. In addition, the	50799
bond proceedings or other documents pertaining to the bonds may	50800
contain such covenants of the issuer and other matters deemed	50801
advisable by the issuer in consultation with the ~~authority~~	50802
chancellor, including the terms and conditions for creating and	50803
maintaining sinking funds, reserve funds, and any other special	50804
funds as may be created in the bond proceedings separate and apart	50805
from all other funds and accounts of the state or of the issuing	50806
authority.	50807

(F) In advertising or promoting the sale of college savings	50808
bonds, the issuer and the ~~authority~~chancellor jointly may	50809
encourage purchasers to apply the value at maturity of college	50810
savings bonds toward the cost of tuition at an institution of	50811
higher education; however, neither the ~~authority~~chancellor, the	50812
treasurer of state, nor the issuing authority or the issuer shall	50813
provide any guarantee, nor shall any guarantee be inferred, to the	50814
effect that the value at maturity of the bonds held by a person	50815
shall be an amount sufficient to pay for the cost of tuition at	50816
any institution of higher education attended by that person for	50817
such purposes as hethe person determines.	50818

Sec. 3334.06. (A) The chancellor of the Ohio ~~tuition trust~~	50819
~~authority~~board of regents shall, after consultation with the	50820
issuer, develop a plan for the sale of college savings bonds. The	50821
plan shall include:	50822

(1) An advertising program to inform the public about the	50823
availability of college savings bonds;	50824

(2) The estimated cost of financing and administering the	50825
plan;	50826

(3) A description of the ongoing administrative authority and	50827
responsibility for the plan.	50828

(B) The ~~authority~~chancellor shall approve the sale of a	50829
college savings bond issue under division (A) of section 3334.04	50830
of the Revised Code only after itthe chancellor has determined	50831
that the issuance would comply with section 3334.04 of the Revised	50832
Code.	50833

(C) The ~~authority~~chancellor shall cooperate with all state	50834
issuing authorities in identifying potential bond issues which may	50835
be appropriate for designation as college savings bonds and shall	50836
encourage those issuing authorities to participate in the Ohio	50837
college savings program.	50838

Sec. 3334.07. (A) The chancellor of the Ohio ~~tuition trust~~	50839
~~authority~~board of regents shall develop a plan for the sale of	50840
tuition units. ~~The Ohio board of regents shall cooperate with the~~	50841
~~authority and provide technical assistance upon request.~~	50842

(B) Annually, the ~~authority~~chancellor shall determine the	50843
weighted average tuition of four-year state universities in the	50844
academic year that begins on or after the first day of August of	50845
the current calendar year, and shall establish the price of a	50846
tuition unit in the ensuing sales period. Such price shall be	50847
based on sound actuarial principles, and shall, to the extent	50848
actuarially possible, reasonably approximate one per cent of the	50849
weighted average tuition for that academic year plus the costs of	50850
administering the program that are in excess of general revenue	50851
fund appropriations for administrative costs. The sales period to	50852
which such price applies shall consist of twelve months, and the	50853
~~authority~~chancellor by rule shall establish the date on which the	50854
sales period begins. If circumstances arise during a sales period	50855
that the ~~authority~~chancellor determines causes the price of	50856
tuition units to be insufficient to ensure the actuarial soundness	50857
of the Ohio tuition trust fund, the ~~authority~~chancellor may	50858
adjust the price of tuition units purchased during the remainder	50859
of the sales period. To promote the purchase of tuition units and	50860
in accordance with actuarially sound principles, the ~~authority~~	50861
chancellor may adjust the sales price as part of incentive	50862
programs, such as discounting for lump sum purchases and	50863
multi-year installment plans at a fixed rate of purchase.	50864

Sec. 3334.08. (A) Subject to division (B) of this section,	50865
in addition to any other powers conferred by this chapter, the	50866
chancellor of the Ohio ~~tuition trust authority~~board of regents	50867
may do any of the following:	50868

(1) Impose reasonable residency requirements for	50869
beneficiaries of tuition units;	50870

(2) Impose reasonable limits on the number of tuition unit	50871
participants;	50872

(3) Impose and collect administrative fees and charges in	50873
connection with any transaction under this chapter;	50874

(4) Purchase insurance from insurers licensed to do business	50875
in this state providing for coverage against any loss in	50876
connection with ~~the authority's~~ property, assets, or activities or	50877
to further ensure the value of tuition units;	50878

(5) Indemnify or purchase policies of insurance on behalf of	50879
~~members, officers, and~~ employees of the ~~authority~~chancellor from	50880
insurers licensed to do business in this state providing for	50881
coverage for any liability incurred in connection with any civil	50882
action, demand, or claim against ~~a director, officer, or~~an	50883
employee by reason of an act or omission by the ~~director, officer,~~	50884
or employee that was not manifestly outside the scope of the	50885
employment or official duties of the ~~director, officer, or~~	50886
employee or with malicious purpose, in bad faith, or in a wanton	50887
or reckless manner;	50888

(6) Make, execute, and deliver contracts, conveyances, and	50889
other instruments necessary to the exercise and discharge of the	50890
powers and duties of the ~~authority~~chancellor;	50891

(7) Promote, advertise, and publicize the Ohio college	50892
savings program and the variable college savings program;	50893

(8) Adopt rules under section 111.15 of the Revised Code for	50894
the implementation of the Ohio college savings program;	50895

(9) Contract, for the provision of all or part of the	50896
services necessary for the management and operation of the Ohio	50897
college savings program and the variable college savings program,	50898
with a bank, trust company, savings and loan association,	50899
insurance company, or licensed dealer in securities if the bank,	50900
company, association, or dealer is authorized to do business in	50901
this state and information about the contract is filed with the	50902
controlling board pursuant to division (D)(6) of section 127.16 of	50903
the Revised Code;	50904

(10) Contract for other services, or for goods, needed by the	50905
~~authority~~chancellor in the conduct of ~~its~~the chancellor's	50906
business under this chapter, including but not limited to credit	50907
card services;	50908

~~(11) Employ an executive director and other personnel as~~	50909
~~necessary to carry out its responsibilities under this chapter,~~	50910
~~and fix the compensation of these persons. All employees of the~~	50911
~~authority shall be in the unclassified civil service and shall be~~	50912
~~eligible for membership in the public employees retirement system.~~	50913

~~(12)~~ Contract with financial consultants, actuaries,	50914
auditors, and other consultants as necessary to carry out ~~its~~the	50915
chancellor's responsibilities under this chapter;	50916

~~(13)~~(12) Enter into agreements with any agency of the state	50917
or its political subdivisions or with private employers under	50918
which an employee may agree to have a designated amount deducted	50919
in each payroll period from the wages or salary due the employee	50920
for the purpose of purchasing tuition units pursuant to a tuition	50921
payment contract or making contributions pursuant to a variable	50922
college savings program contract;	50923

~~(14)~~(13) Enter into an agreement with the treasurer of state	50924
under which the treasurer of state will receive, and credit to the	50925
Ohio tuition trust fund or variable college savings program fund,	50926
from any bank or savings and loan association authorized to do	50927
business in this state, amounts that a depositor of the bank or	50928
association authorizes the bank or association to withdraw	50929
periodically from the depositor's account for the purpose of	50930
purchasing tuition units pursuant to a tuition payment contract or	50931
making contributions pursuant to a variable college savings	50932
program contract;	50933

~~(15)~~(14) Solicit and accept gifts, grants, and loans from any	50934
person or governmental agency and participate in any governmental	50935
program;	50936

~~(16)~~(15) Impose limits on the number of units which may be	50937
purchased on behalf of or assigned or awarded to any beneficiary	50938
and on the total amount of contributions that may be made on	50939
behalf of a beneficiary;	50940

~~(17)~~(16) Impose restrictions on the substitution of another	50941
individual for the original beneficiary under the Ohio college	50942
savings program;	50943

~~(18)~~(17) Impose a limit on the age of a beneficiary, above	50944
which tuition units may not be purchased on behalf of that	50945
beneficiary;	50946

~~(19)~~(18) Enter into a cooperative agreement with the	50947
treasurer of state to provide for the direct disbursement of	50948
payments under tuition payment or variable college savings program	50949
contracts;	50950

~~(20)~~(19) Determine the other higher education expenses for	50951
which tuition units or contributions may be used;	50952

~~(21)~~(20) Terminate any tuition payment or variable college	50953
savings program contract if no purchases or contributions are made	50954
for a period of three years or more and there are fewer than a	50955
total of five tuition units or less than a dollar amount set by	50956
rule on account, provided that notice of a possible termination	50957
shall be provided in advance, explaining any options to prevent	50958
termination, and a reasonable amount of time shall be provided	50959
within which to act to prevent a termination;	50960

~~(22)~~(21) Maintain a separate account for each tuition payment	50961
or variable college savings program contract;	50962

~~(23)~~(22) Perform all acts necessary and proper to carry out	50963
the duties and responsibilities of the ~~authority~~chancellor	50964
pursuant to this chapter.	50965

(B) The ~~authority~~chancellor shall adopt rules under section	50966
111.15 of the Revised Code for the implementation and	50967
administration of the variable college savings program. The rules	50968
shall provide taxpayers with the maximum tax advantages and	50969
flexibility consistent with section 529 of the Internal Revenue	50970
Code and regulations adopted thereunder with regard to disposition	50971
of contributions and earnings, designation of beneficiaries, and	50972
rollover of account assets to other programs.	50973

(C) Except as otherwise specified in this chapter, the	50974
provisions of Chapters 123., 125., and 4117. of the Revised Code	50975
shall not apply to the ~~authority. The department of administrative~~	50976
~~services shall, upon the request of the authority, act as the~~	50977
~~authority's agent for the purchase of equipment, supplies,~~	50978
~~insurance, or services, or the performance of administrative~~	50979
~~services pursuant to Chapter 125. of the Revised Code~~chancellor's	50980
exercise of duties and responsibilities under this chapter.	50981

Sec. 3334.09. (A) Except in the case of a scholarship	50982
program established in accordance with section 3334.17 of the	50983
Revised Code, the chancellor of the Ohio ~~tuition trust authority~~	50984
board of regents may enter into a tuition payment contract with	50985
any person for the purchase of tuition units if either the	50986
purchaser or the beneficiary is a resident of this state at the	50987
time the contract is entered into. A tuition payment contract	50988
shall allow any person to purchase tuition units at the price	50989
determined by the ~~authority~~chancellor pursuant to section 3334.07	50990
or 3334.12 of the Revised Code for the year in which the tuition	50991
unit is purchased. The purchaser shall name in the payment	50992
contract one specific individual as the beneficiary for the	50993
tuition units.	50994

In accordance with rules of the ~~authority~~chancellor, units	50995
may be transferred to the credit of another beneficiary and a new	50996
beneficiary may be substituted for the beneficiary originally	50997
named in the contract.	50998

(B) Each tuition unit shall entitle the beneficiary to an	50999
amount equal to one per cent of the weighted average tuition.	51000

(C) Nothing in this chapter or in any tuition payment	51001
contract entered into pursuant to this chapter shall be construed	51002
as a guarantee by the state, the ~~authority~~chancellor, or any	51003
institution of higher education that a beneficiary will be	51004
admitted to an institution of higher education, or, upon admission	51005
to an institution of higher education, will be permitted to	51006
continue to attend or will receive a degree from an institution of	51007
higher education. Nothing in this chapter or in any tuition	51008
payment contract entered into pursuant to this chapter shall be	51009
considered a guarantee that the beneficiary's cost of tuition at	51010
an institution of higher education other than a state institution	51011
of higher education will be covered in full by the proceeds of the	51012
beneficiary's tuition units.	51013

(D) The following information shall be disclosed in writing	51014
to each purchaser of tuition units and, where appropriate, to each	51015
entity establishing a scholarship program under section 3334.17 of	51016
the Revised Code:	51017

(1) The terms and conditions for the purchase and use of	51018
tuition units;	51019

(2) In the case of a contract described by division (A) of	51020
this section, any restrictions on the substitution of another	51021
individual for the original beneficiary and any restrictions on	51022
the transfer of ownership of units in the payment account;	51023

(3) The person or entity entitled to terminate the contract;

51024

(4) The terms and conditions under which the contract may be	51025
terminated and the amount of the refund, if any, to which the	51026
person or entity terminating the contract, or that person's or	51027
entity's designee, is entitled upon termination;	51028

(5) The obligation of the ~~authority~~chancellor to make	51029
payments to a beneficiary, or an institution of higher education	51030
on behalf of a beneficiary, under division (B) of this section	51031
based upon the number of tuition units purchased on behalf of the	51032
beneficiary or awarded to the beneficiary pursuant to a	51033
scholarship program;	51034

(6) The method by which tuition units shall be applied toward	51035
payment of tuition and other higher education expenses if in any	51036
academic term the beneficiary is a part-time student;	51037

(7) The period of time during which a beneficiary may receive	51038
benefits under the contract;	51039

(8) The terms and conditions under which money may be wholly	51040
or partially withdrawn from the program, including, but not	51041
limited to, any reasonable charges and fees that may be imposed	51042
for withdrawal;	51043

(9) All other rights and obligations of the purchaser and the	51044
~~authority~~chancellor, including the provisions of division (A) of	51045
section 3334.12 of the Revised Code, and any other terms,	51046
conditions, and provisions the ~~authority~~chancellor considers	51047
necessary and appropriate.	51048

(E) A tuition payment contract may provide that the ~~authority~~	51049
chancellor will pay directly to the institution of higher	51050
education in which a beneficiary is enrolled during a term the	51051
amount represented by the tuition units being used that term.	51052

(F) A tuition payment contract described by division (A) of	51053
this section may provide that if the contract has not been	51054
terminated or units purchased under the contract have not been	51055
applied toward the payment of tuition or other higher education	51056
expenses within a specified period of time, the ~~authority~~	51057
chancellor may, after making a reasonable effort to locate the	51058
purchaser of the tuition units, the beneficiary, and any person	51059
designated in the contract to act on behalf of the purchaser of	51060
the units or the beneficiary, terminate the contract and retain	51061
the amounts payable under the contract.	51062

(G) If, at any time after tuition units are purchased on	51063
behalf of a beneficiary or awarded to a beneficiary or pursuant to	51064
a scholarship program, the beneficiary becomes a nonresident of	51065
this state, or, if the beneficiary was not a resident of this	51066
state at the time the tuition payment contract was entered into,	51067
the purchaser becomes a nonresident of this state, units purchased	51068
or awarded while the beneficiary was a resident may be applied on	51069
behalf of the beneficiary toward the payment of tuition at an	51070
institution of higher education and other higher education	51071
expenses in the manner specified in division (B) of this section,	51072
except that if the beneficiary enrolls in a state institution of	51073
higher education, the beneficiary shall be responsible for payment	51074
of all nonresident fees charged to out-of-state residents by the	51075
institution in which the beneficiary is enrolled.	51076

Sec. 3334.10. Divisions (A) and (B) of this section do not	51077
apply to scholarship programs established under section 3334.17 of	51078
the Revised Code.	51079

(A) Unless otherwise provided for in the tuition payment	51080
contract, the purchaser may rollover amounts to another qualified	51081
tuition program under section 529 of the Internal Revenue Code or	51082
terminate the contract for any reason by filing written notice	51083
with the chancellor of the Ohio ~~tuition trust authority~~board of	51084
regents.	51085

(1) If the contract is terminated and the beneficiary is	51086
under eighteen years of age, the ~~authority~~chancellor shall use	51087
actuarially sound principles to determine the amount of the	51088
refund.	51089

(2) If the contract is terminated because of the death or	51090
permanent disability of the beneficiary, the amount of the refund	51091
shall be equal to the greater of the following:	51092

(a) One per cent of the weighted average tuition in the	51093
academic year the refund is paid, multiplied by the number of	51094
tuition units purchased and not used;	51095

(b) The total purchase price of all tuition units purchased	51096
for the beneficiary and not used.	51097

(3) If all or part of the amount accrued under the contract	51098
is liquidated for a rollover to another qualified tuition program	51099
under section 529 of the Internal Revenue Code, the rollover	51100
amount shall be determined in an actuarially sound manner.	51101

(B) The contributor of a variable college savings program	51102
account may rollover amounts to another qualified tuition program	51103
under section 529 of the Internal Revenue Code or terminate the	51104
account for any reason by filing written notice with the ~~Ohio~~	51105
~~tuition trust authority~~chancellor.	51106

The contributor may receive an amount equal to the account	51107
balance, less any applicable administrative fees.	51108

(C) A scholarship program may request a refund of tuition	51109
units in the program's account by filing a written request with	51110
the ~~authority~~chancellor. The refund shall be paid to the entity	51111
that established the scholarship program or, with that entity's	51112
approval, to the ~~authority~~chancellor if this is authorized by	51113
federal tax law. The amount of any refund shall be determined by	51114
the ~~authority~~chancellor and shall meet the requirements for	51115
refunds made on account of scholarships under section 529 of the	51116
Internal Revenue Code.	51117

(D) The ~~authority~~chancellor shall maintain a separate	51118
account for each variable college savings contract entered into	51119
pursuant to division (A) of section 3334.18 of the Revised Code	51120
for contributions made on behalf of a beneficiary, showing the	51121
name of the beneficiary of that contract and the amount of	51122
contributions made pursuant to that contract. Upon request of any	51123
beneficiary or contributor, the ~~authority~~chancellor shall provide	51124
a statement indicating, in the case of a beneficiary, the amount	51125
of contributions made pursuant to that contract on behalf of the	51126
beneficiary, or, in the case of a contributor, contributions made,	51127
disbursed, or refunded pursuant to that contract.	51128

Sec. 3334.11. (A) The assets ~~of the Ohio tuition trust~~	51129
~~authority~~ reserved for payment of the obligations ~~of the authority~~	51130
pursuant to tuition payment contracts shall be placed in a fund,	51131
which is hereby created and shall be known as the Ohio tuition	51132
trust fund. The fund shall be in the custody of the treasurer of	51133
state, but shall not be part of the state treasury. That portion	51134
of payments received by the ~~authority~~chancellor of the Ohio board	51135
of regents or the treasurer of state from persons purchasing	51136
tuition units under tuition payment contracts that the ~~authority~~	51137
chancellor determines is actuarially necessary for the payment of	51138
obligations ~~of the authority~~ pursuant to tuition payment	51139
contracts, all interest and investment income earned by the fund,	51140
and all other receipts of the ~~authority~~chancellor from any other	51141
source that the ~~authority~~chancellor determines appropriate, shall	51142
be deposited in the fund. No purchaser or beneficiary of tuition	51143
units shall have any claim against the funds of any state	51144
institution of higher education. All investment fees and other	51145
costs incurred in connection with the exercise of the investment	51146
powers of the ~~authority~~chancellor pursuant to divisions (D) and	51147
(E) of this section shall be paid from the assets of the fund.	51148

(B) Unless otherwise provided by the ~~authority~~chancellor,	51149
the assets of the Ohio tuition trust fund shall be expended in the	51150
following order:	51151

(1) To make payments to beneficiaries, or institutions of	51152
higher education on behalf of beneficiaries, under division (B) of	51153
section 3334.09 of the Revised Code;	51154

(2) To make refunds as provided in divisions (A) and (C) of	51155
section 3334.10 of the Revised Code;	51156

(3) To pay the investment fees and other costs of	51157
administering the fund.	51158

(C)(1) Except as may be provided in an agreement under	51159
division (A)~~(19)~~(18) of section 3334.08 of the Revised Code, all	51160
disbursements from the Ohio tuition trust fund shall be made by	51161
the treasurer of state on order of a designee of the ~~authority~~	51162
chancellor.	51163

(2) The treasurer of state shall deposit any portion of the	51164
Ohio tuition trust fund not needed for immediate use in the same	51165
manner as state funds are deposited.	51166

(D) The ~~authority~~chancellor is the trustee of the Ohio	51167
tuition trust fund. The ~~authority~~chancellor shall have full power	51168
to invest the assets of the fund and in exercising this power	51169
shall be subject to the limitations and requirements contained in	51170
divisions (K) to (M) of this section and sections 145.112 and	51171
145.113 of the Revised Code. The evidences of title of all	51172
investments shall be delivered to the treasurer of state or to a	51173
qualified trustee designated by the treasurer of state as provided	51174
in section 135.18 of the Revised Code. Assets of the fund shall be	51175
administered by the ~~authority~~chancellor in a manner designed to	51176
be actuarially sound so that the assets of the fund will be	51177
sufficient to satisfy the obligations ~~of the authority~~ pursuant to	51178
tuition payment contracts and defray the reasonable expenses of	51179
administering the fund.	51180

(E) ~~The public employees retirement board shall, with the~~	51181
~~approval of the authority, exercise the investment powers of the~~	51182
~~authority as set forth~~The chancellor may contract with any	51183
business, entity, or government agency to carry out the	51184
chancellor's investment powers provided in division (D) of this	51185
section ~~until the authority determines that assumption and~~	51186
~~exercise by the authority of the investment powers is financially~~	51187
~~and administratively feasible~~. The investment powers shall be	51188
exercised by the ~~public employees retirement board~~contractor in a	51189
manner agreed upon by the ~~authority~~chancellor that maximizes the	51190
return on investment and minimizes the administrative expenses.	51191

(F)(1) The ~~authority~~chancellor shall maintain a separate	51192
account for each tuition payment contract entered into pursuant to	51193
division (A) of section 3334.09 of the Revised Code for the	51194
purchase of tuition units on behalf of a beneficiary or	51195
beneficiaries showing the beneficiary or beneficiaries of that	51196
contract and the number of tuition units purchased pursuant to	51197
that contract. Upon request of any beneficiary or person who has	51198
entered into a tuition payment contract, the ~~authority~~chancellor	51199
shall provide a statement indicating, in the case of a	51200
beneficiary, the number of tuition units purchased on behalf of	51201
the beneficiary, or in the case of a person who has entered into a	51202
tuition payment contract, the number of tuition units purchased,	51203
used, or refunded pursuant to that contract. A beneficiary and	51204
person that have entered into a tuition payment contract each may	51205
file only one request under this division in any year.	51206

(2) The ~~authority~~chancellor shall maintain an account for	51207
each scholarship program showing the number of tuition units that	51208
have been purchased for or donated to the program and the number	51209
of tuition units that have been used. Upon the request of the	51210
entity that established the scholarship program, the ~~authority~~	51211
chancellor shall provide a statement indicating these numbers.	51212

(G) In addition to the Ohio tuition trust fund, there is	51213
hereby established a reserve fund that shall be in the custody of	51214
the treasurer of state but shall not be part of the state	51215
treasury, and shall be known as the Ohio tuition trust reserve	51216
fund, and an operating fund that shall be part of the state	51217
treasury, and shall be known as the Ohio tuition trust operating	51218
fund. That portion of payments received by the ~~authority~~	51219
chancellor or the treasurer of state from persons purchasing	51220
tuition units under tuition payment contracts that the ~~authority~~	51221
chancellor determines is not actuarially necessary for the payment	51222
of obligations ~~of the authority~~ pursuant to tuition payment	51223
contracts, any interest and investment income earned by the	51224
reserve fund, any administrative charges and fees imposed by the	51225
~~authority~~chancellor on transactions under this chapter or on	51226
purchasers or beneficiaries of tuition units, and all other	51227
receipts from any other source that the ~~authority~~chancellor	51228
determines appropriate, shall be deposited in the reserve fund to	51229
pay the operating expenses of the ~~authority~~chancellor and the	51230
costs of administering the program. The assets of the reserve fund	51231
may be invested in the same manner and subject to the same	51232
limitations set forth in divisions (D), (E), and (K) to (M) of	51233
this section and sections 145.112 and 145.113 of the Revised Code.	51234
All investment fees and other costs incurred in connection with	51235
the exercise of the investment powers shall be paid from the	51236
assets of the reserve fund. Except as otherwise provided for in	51237
this chapter, all operating expenses of the ~~authority~~chancellor	51238
and costs of administering the program shall be paid from the	51239
operating fund. The treasurer shall, upon request of the ~~authority~~	51240
chancellor, transfer funds from the reserve fund to the operating	51241
fund as the ~~authority~~chancellor determines appropriate to pay	51242
those current operating expenses ~~of the authority~~ and costs of	51243
administering the program as the ~~authority~~chancellor designates.	51244
Any interest or investment income earned on the assets of the	51245
operating fund shall be deposited in the operating fund.	51246

(H) In January of each year the ~~authority~~chancellor shall	51247
report to each person who received any payments or refunds under	51248
this chapter from the ~~authority~~chancellor during the preceding	51249
year information relative to the value of the payments or refunds	51250
to assist in determining that person's tax liability.	51251

(I) The ~~authority~~chancellor shall report to the tax	51252
commissioner any information, and at the times, as the tax	51253
commissioner requires to determine any tax liability that a person	51254
may have incurred during the preceding year as a result of having	51255
received any payments or refunds from the ~~authority~~chancellor.	51256

(J) All records of the ~~authority~~chancellor indicating the	51257
identity of purchasers and beneficiaries of tuition units or	51258
college savings bonds, the number of tuition units purchased,	51259
used, or refunded under a tuition payment contract, and the number	51260
of college savings bonds purchased, held, or redeemed are not	51261
public records within the meaning of section 149.43 of the Revised	51262
Code.	51263

(K) The ~~authority~~chancellor and other fiduciaries shall	51264
discharge their duties with respect to the funds with care, skill,	51265
prudence, and diligence under the circumstances then prevailing	51266
that a prudent person acting in a like capacity and familiar with	51267
such matters would use in the conduct of an enterprise of a like	51268
character and with like aims; and by diversifying the investments	51269
of the assets of the funds so as to minimize the risk of large	51270
losses, unless under the circumstances it is clearly prudent not	51271
to do so.	51272

To facilitate investment of the funds, the ~~authority~~	51273
chancellor may establish a partnership, trust, limited liability	51274
company, corporation, including a corporation exempt from taxation	51275
under the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	51276
amended, or any other legal entity authorized to transact business	51277
in this state.	51278

(L) In exercising ~~its~~the chancellor's fiduciary	51279
responsibility with respect to the investment of the assets of the	51280
funds, it shall be the intent of the ~~authority~~chancellor to give	51281
consideration to investments that enhance the general welfare of	51282
the state and its citizens where the investments offer quality,	51283
return, and safety comparable to other investments currently	51284
available to the ~~authority~~chancellor. In fulfilling this intent,	51285
equal consideration shall also be given to investments otherwise	51286
qualifying under this section that involve minority owned and	51287
controlled firms and firms owned and controlled by women, either	51288
alone or in joint venture with other firms.	51289

The ~~authority~~chancellor shall ~~adopt, in regular meeting,~~	51290
establish policies, objectives, or criteria for the operation of	51291
the investment program that include asset allocation targets and	51292
ranges, risk factors, asset class benchmarks, time horizons, total	51293
return objectives, and performance evaluation guidelines. In	51294
~~adopting~~establishing policies and criteria for the selection of	51295
agents and investment managers with whom the ~~authority~~chancellor	51296
may contract for the administration of the assets of the funds,	51297
the ~~authority shall give equal consideration to~~chancellor may set	51298
aside approximately fifteen per cent of the contracts for minority	51299
owned and controlled firms, firms owned and controlled by women,	51300
and ventures involving minority owned and controlled firms and	51301
firms owned and controlled by women that otherwise meet the	51302
policies and criteria established by the ~~authority~~chancellor.	51303
~~Amendments and additions to the policies and criteria shall be~~	51304
~~adopted in regular meeting.~~ The ~~authority~~chancellor shall	51305
publish ~~its~~the policies, objectives, and criteria under this	51306
provision no less often than annually and shall make copies	51307
available to interested parties.	51308

When reporting on the performance of investments, the	51309
~~authority~~chancellor shall comply with the performance	51310
presentation standards established by the association for	51311
investment management and research.	51312

(M) All investments shall be purchased at current market	51313
prices and the evidences of title of the investments shall be	51314
placed in the hands of the treasurer of state, who is hereby	51315
designated as custodian thereof, or in the hands of the treasurer	51316
of state's authorized agent. The treasurer of state or the agent	51317
shall collect the principal, dividends, distributions, and	51318
interest thereon as they become due and payable and place them	51319
when so collected into the custodial funds.	51320

The treasurer of state shall pay for investments purchased by	51321
the ~~authority~~chancellor on receipt of written or electronic	51322
instructions from the ~~authority~~chancellor or the ~~authority's~~	51323
chancellor's designated agent authorizing the purchase and pending	51324
receipt of the evidence of title of the investment by the	51325
treasurer of state or the treasurer of state's authorized agent.	51326
The ~~authority~~chancellor may sell investments held by the	51327
~~authority~~chancellor, and the treasurer of state or the treasurer	51328
of state's authorized agent shall accept payment from the	51329
purchaser and deliver evidence of title of the investment to the	51330
purchaser on receipt of written or electronic instructions from	51331
the ~~authority~~chancellor or the ~~authority's~~chancellor's	51332
designated agent authorizing the sale, and pending receipt of the	51333
moneys for the investments. The amount received shall be placed in	51334
the custodial funds. The ~~authority~~chancellor and the treasurer	51335
of state may enter into agreements to establish procedures for the	51336
purchase and sale of investments under this division and the	51337
custody of the investments.	51338

No purchase or sale of any investment shall be made under	51339
this section except as authorized by the ~~authority~~chancellor.	51340

Any statement of financial position distributed by the	51341
~~authority~~chancellor shall include fair value, as of the statement	51342
date, of all investments held by the ~~authority~~chancellor under	51343
this section.	51344

Sec. 3334.111. (A) As used in this section:

51345

(1) "Minority business enterprise" has the meaning defined in	51346
section 122.71 of the Revised Code.	51347

(2) "Women's business enterprise" means a business, or a	51348
partnership, corporation, limited liability company, or joint	51349
venture of any kind, that is owned and controlled by women who are	51350
United States citizens and residents of this state.	51351

(B) The chancellor of the board of regents shall submit	51352
annually to the governor and to the general assembly (under	51353
section 101.68 of the Revised Code) a report containing the	51354
following information:	51355

(1) The name of each investment manager that is a minority	51356
business enterprise or a women's business enterprise with which	51357
the chancellor contracts;	51358

(2) The amount of assets managed by investment managers that	51359
are minority business enterprises or women's business enterprises,	51360
expressed as a percentage of assets managed by investment managers	51361
with which the chancellor has contracted;	51362

(3) Efforts by the chancellor to increase utilization of	51363
investment managers that are minority business enterprises or	51364
women's business enterprises.	51365

Sec. 3334.12. Notwithstanding anything to the contrary in	51366
sections 3334.07 and 3334.09 of the Revised Code:	51367

(A) Annually, the chancellor of the Ohio ~~tuition trust~~	51368
~~authority~~board of regents shall have the actuarial soundness of	51369
the Ohio tuition trust fund evaluated by a nationally recognized	51370
actuary and shall determine whether additional assets are	51371
necessary to defray ~~the~~ obligations ~~of the authority~~. If, after	51372
the ~~authority~~chancellor sets the price for tuition units,	51373
circumstances arise that the ~~executive director~~chancellor	51374
determines necessitate an additional evaluation of the actuarial	51375
soundness of the fund, the ~~executive director~~chancellor shall	51376
have a nationally recognized actuary conduct the necessary	51377
evaluation. If the assets of the fund are insufficient to ensure	51378
the actuarial soundness of the fund, the ~~authority~~chancellor	51379
shall adjust the price of subsequent purchases of tuition units to	51380
the extent necessary to help restore the actuarial soundness of	51381
the fund. If, at any time, the adjustment is likely, in the	51382
opinion of the ~~authority~~chancellor, to diminish the marketability	51383
of tuition units to an extent that the continued sale of the units	51384
likely would not restore the actuarial soundness of the fund and	51385
external economic factors continue to negatively impact the	51386
soundness of the program, the ~~authority~~chancellor may suspend	51387
sales, either permanently or temporarily, of tuition units. During	51388
any suspension, the ~~authority~~chancellor shall continue to service	51389
existing college savings program accounts.	51390

(B) Upon termination of the program or liquidation of the	51391
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	51392
the Ohio tuition trust operating fund, any remaining assets of the	51393
funds after all obligations of the funds have been satisfied	51394
pursuant to division (B) of section 3334.11 of the Revised Code	51395
shall be transferred to the general revenue fund of the state.	51396

(C) The ~~authority~~chancellor shall prepare and cause to have	51397
audited an annual financial report on all financial activity of	51398
the ~~Ohio tuition trust authority~~chancellor under this chapter	51399
within ninety days of the end of the fiscal year. The ~~authority~~	51400
chancellor shall transmit a copy of the audited financial report	51401
to the governor, the president of the senate, the speaker of the	51402
house of representatives, and the minority leaders of the senate	51403
and the house of representatives. Copies of the audited financial	51404
report also shall be made available, upon request, to the persons	51405
entering into contracts with the ~~authority~~chancellor and to	51406
prospective purchasers of tuition units and prospective	51407
contributors to variable college savings program accounts.	51408

Sec. 3334.16. The general assembly hereby finds that the	51409
prepaid tuition program providing for the sale of tuition ~~credits~~	51410
units by the chancellor of the Ohio ~~tuition trust authority~~board	51411
of regents is an official state function, offered through an	51412
agency of this state, which agency receives state appropriations.	51413
Therefore, the ~~authority~~chancellor is directed by the state of	51414
Ohio to assume itthe program is exempt from federal tax	51415
liability.	51416

Sec. 3334.17. (A) The state, any political subdivision of	51417
the state, and any organization that is exempt from federal income	51418
taxation under section 501 (a) and described in section 501 (c)(3)	51419
of the Internal Revenue Code, including the chancellor of the Ohio	51420
~~tuition trust authority~~board of regents if this is authorized	51421
under federal tax law, may establish a scholarship program to	51422
award scholarships consisting of contributions made to any college	51423
savings program for students. Any scholarship program established	51424
under this section shall be registered with the ~~authority~~	51425
chancellor. The ~~authority~~chancellor shall be notified of the name	51426
and address of each scholarship beneficiary under the program, the	51427
amounts awarded, and the institution of higher education in which	51428
the beneficiary is enrolled. Scholarship beneficiaries shall be	51429
selected by the entity establishing the scholarship program, in	51430
accordance with criteria established by the entity.	51431

(B) Any person or governmental entity may purchase tuition	51432
units on behalf of a scholarship program that is or is to be	51433
established in accordance with division (A) of this section at the	51434
same price as is established for the purchase of units for named	51435
beneficiaries pursuant to this chapter. Tuition units shall have	51436
the same value to the beneficiary of a scholarship awarded	51437
pursuant to this section as they would have to any other	51438
beneficiary pursuant to division (B) of section 3334.09 of the	51439
Revised Code.	51440

(C) The entity establishing and maintaining a scholarship	51441
program shall specify whether a scholarship beneficiary may	51442
receive a refund or payment for the amount awarded under the	51443
scholarship program directly from the ~~authority~~chancellor, or	51444
whether the amount awarded shall be paid by the ~~authority~~	51445
chancellor only to the institution of higher education in which	51446
the student is enrolled.	51447

(D) If a scholarship beneficiary does not use the amount	51448
awarded within a length of time specified under the scholarship	51449
program, the amount may be awarded to another beneficiary.	51450

Sec. 3334.18. (A) A variable college savings program	51451
established by the chancellor of the Ohio ~~tuition trust authority~~	51452
board of regents shall include provisions for a contract to be	51453
entered into between a contributor and the ~~authority~~chancellor	51454
that will authorize the contributor to open an account for a	51455
beneficiary and authorize the contributor to substitute a new	51456
beneficiary for one originally named in the contract, to the	51457
extent permitted by section 529 of the Internal Revenue Code.	51458

(B) The ~~authority~~chancellor shall provide adequate	51459
safeguards to prevent total contributions to a variable college	51460
savings program account or purchases of tuition units, either	51461
separately or combined, that are made on behalf of a beneficiary	51462
from exceeding the amount necessary to provide for the tuition and	51463
other higher education expenses of the beneficiary, consistent	51464
with the maximum contributions permitted by section 529 of the	51465
Internal Revenue Code. However, in no event shall contributions or	51466
purchases exceed the allowable limit for a qualified tuition	51467
program under section 529 of the Internal Revenue Code.	51468

(C)(1) Participation in the variable college savings program	51469
does not guarantee that contributions and the investment return on	51470
contributions, if any, will be adequate to cover future tuition	51471
and other higher education expenses or that a beneficiary will be	51472
admitted to or permitted to continue to attend an institution of	51473
higher education.	51474

(2) Returns on contributors' investments in the variable	51475
college savings program are not guaranteed by the state and the	51476
contributors to the variable college savings program assume all	51477
investment risk, including the potential loss of principal and	51478
liability for penalties such as those levied for noneducational	51479
withdrawals.	51480

(3) The state shall have no debt or obligation to any	51481
contributor, beneficiary, or any other person as a result of the	51482
establishment of the program, and the state assumes no risk or	51483
liability for funds invested in the variable college savings	51484
program.	51485

(4) Informational materials about the variable college	51486
savings program prepared by the ~~authority~~chancellor or ~~its~~the	51487
chancellor's agents and provided to prospective contributors shall	51488
state clearly the information set forth in division (C) of this	51489
section.	51490

Sec. 3334.19. (A) The chancellor of the Ohio ~~tuition trust~~	51491
~~authority~~board of regents shall adopt an investment plan that	51492
sets forth investment policies and guidelines to be utilized in	51493
administering the variable college savings program. Except as	51494
provided in section 3334.20 of the Revised Code, the ~~authority~~	51495
chancellor shall contract with one or more insurance companies,	51496
banks, or other financial institutions to act as its investment	51497
agents and to provide such services as the ~~authority~~chancellor	51498
considers appropriate to the investment plan, including:	51499

(1) Purchase, control, and safekeeping of assets;

51500

(2) Record keeping and accounting for individual accounts and	51501
for the program as a whole;	51502

(3) Provision of consolidated statements of account.

51503

(B) The ~~authority~~chancellor or ~~its~~the chancellor's	51504
investment agents shall maintain a separate account for the	51505
beneficiary of each contract entered into under the variable	51506
college savings program. If a beneficiary has more than one such	51507
account, the ~~authority~~chancellor or ~~its~~the chancellor's agents	51508
shall track total contributions and earnings and provide a	51509
consolidated system of account distributions to institutions of	51510
higher education.	51511

(C) The ~~authority~~chancellor or ~~its~~the chancellor's	51512
investment agents may place assets of the program in savings	51513
accounts and may purchase fixed or variable life insurance or	51514
annuity contracts, securities, evidence of indebtedness, or other	51515
investment products pursuant to the investment plan.	51516

(D) Contributors shall not direct the investment of their	51517
contributions under the investment plan. The ~~authority~~chancellor	51518
shall impose other limits on contributors' investment discretion	51519
to the extent required under section 529 of the Internal Revenue	51520
Code.	51521

(E) The investment agents with which the ~~authority~~chancellor	51522
contracts shall discharge their duties with respect to program	51523
funds with the care and diligence that a prudent person familiar	51524
with such matters and with the character and aims of the program	51525
would use.	51526

(F) The assets of the program shall be preserved, invested,	51527
and expended solely for the purposes of this chapter and shall not	51528
be loaned or otherwise transferred or used by the state for any	51529
other purpose. This section shall not be construed to prohibit the	51530
investment agents of the ~~authority~~chancellor from investing, by	51531
purchase or otherwise, in bonds, notes, or other obligations of	51532
the state or any agency or instrumentality of the state. Unless	51533
otherwise specified by the ~~authority~~chancellor, assets of the	51534
program shall be expended in the following order of priority:	51535

(1) To make payments on behalf of beneficiaries;

51536

(2) To make refunds upon termination of variable college	51537
savings program contracts;	51538

(3) To pay the ~~authority's~~chancellor's costs of	51539
administering the program;	51540

(4) To pay or cover any other expenditure or disbursement the	51541
~~authority~~chancellor determines necessary or appropriate.	51542

(G) Fees, charges, and other costs imposed or collected by	51543
the ~~authority~~chancellor in connection with the variable college	51544
savings program, including any fees or other payments that the	51545
~~authority~~chancellor requires an investment agent to pay to the	51546
~~authority~~chancellor, shall be credited to either the variable	51547
operating fund or the index operating fund at the discretion of	51548
the ~~authority~~chancellor. These funds are hereby created in the	51549
state treasury. Expenses incurred in the administration of the	51550
variable college savings program, as well as other expenses,	51551
disbursements, or payments the ~~authority~~chancellor considers	51552
appropriate for the benefit of any college savings programs	51553
administered by the ~~authority~~chancellor, the state of Ohio and	51554
its citizens, shall be paid from the variable operating fund or	51555
the index operating fund at the discretion of the ~~authority~~	51556
chancellor.	51557

(H) No records ~~of the authority~~ indicating the identity of	51558
purchasers, contributors, and beneficiaries under the program or	51559
amounts contributed to, earned by, or distributed from program	51560
accounts are public records within the meaning of section 149.43	51561
of the Revised Code.	51562

Sec. 3334.20. (A) As used in this section, "state agency"	51563
means every department, bureau, board, commission, office, or	51564
other organized body established by the constitution or laws of	51565
this state for the exercise of state government.	51566

(B) If a condition arises concerning the investment of funds	51567
received under the variable college savings program and requiring	51568
an interim period for investment of program funds, which condition	51569
is determined pursuant to division (D) of this section, the	51570
chancellor of the Ohio ~~tuition trust authority~~board of regents	51571
shall choose the treasurer of state, a state agency having	51572
investment authority, or an investment agent under contract with	51573
the ~~authority~~chancellor to invest program funds pursuant to the	51574
investment plan established under division (A) of section 3334.19	51575
of the Revised Code. The treasurer of state, state agency, or	51576
investment agent chosen by the ~~authority~~chancellor pursuant to	51577
this division shall be subject to the requirements and conditions	51578
that apply to investment agents specified in section 3334.19 of	51579
the Revised Code.	51580

(C) The ~~authority~~chancellor shall be the trustee of the	51581
program. During the interim period, the ~~authority~~chancellor shall	51582
receive and hold all payments, deposits, and contributions, as	51583
well as gifts, bequests, endowments, and federal, state, or local	51584
grants and any funds from any other source, public or private, and	51585
all earnings, until disbursed to pay tuition or other higher	51586
education expenses or refunds pursuant to college savings plans	51587
contracts. The ~~authority~~chancellor shall keep such funds	51588
segregated from all other assets ~~of the authority~~.	51589

(D) The ~~authority~~chancellor shall adopt rules under section	51590
111.15 of the Revised Code defining the conditions under which an	51591
interim investment period is required and this section applies.	51592
The rules shall include any condition requiring the termination of	51593
the interim period and the authority to contract with alternative	51594
investment agents pursuant to section 3334.19 of the Revised Code	51595
and any other requirements that apply during the interim	51596
investment period.	51597

(E) When the interim period for investment of program funds	51598
terminates, the investment agents selected pursuant to section	51599
3334.19 of the Revised Code for the investment of program funds	51600
shall have the sole authority to invest program funds pursuant to	51601
the investment plan established under division (A) of that section	51602
and shall be subject to that section.	51603

Sec. 3334.21. The variable college savings program may be	51604
terminated by statute or upon the determination of the chancellor	51605
of the Ohio ~~tuition trust authority~~board of regents that the	51606
program is not financially feasible. Upon termination, all	51607
amounts held in program accounts shall be returned to account	51608
owners, to the extent possible, and any unclaimed assets in the	51609
program shall be transferred to the unclaimed funds trust fund and	51610
disposed of in accordance with section 169.05 of the Revised Code.	51611

Sec. 3345.011. "State university" means a public institution	51612
of higher education which is a body politic and corporate. Each of	51613
the following institutions of higher education shall be recognized	51614
as a state university: university of Akron, Bowling Green state	51615
university, Central state university, university of Cincinnati,	51616
Cleveland state university, Kent state university, Miami	51617
university, Ohio university, Ohio state university, Shawnee state	51618
university, university of Toledo, Wright state university, and	51619
Youngstown state university.	51620

"State institution of higher education" means any state	51621
university or college as defined in division (A)(1) of section	51622
3345.12 of the Revised Code, community college, state community	51623
college, university branch established under Chapter 3355. of the	51624
Revised Code, or technical college.	51625

"University system of Ohio" means the collective group of all	51626
of the state institutions of higher education.	51627

"Member of the university system of Ohio" means any	51628
individual state institution of higher education.	51629

Sec. 3345.12. (A) As used in this section and sections	51630
3345.07 and 3345.11 of the Revised Code, in other sections of the	51631
Revised Code that make reference to this section unless the	51632
context does not permit, and in related bond proceedings unless	51633
otherwise expressly provided:	51634

(1) "State university or college" means each of the state	51635
universities identified in section 3345.011 of the Revised Code	51636
and the northeastern Ohio universities college of medicine, and	51637
includes its board of trustees.	51638

(2) "Institution of higher education" or "institution" means	51639
a state university or college, or a community college district,	51640
technical college district, university branch district, or state	51641
community college, and includes the applicable board of trustees	51642
or, in the case of a university branch district, any other	51643
managing authority.	51644

(3) "Housing and dining facilities" means buildings,	51645
structures, and other improvements, and equipment, real estate,	51646
and interests in real estate therefor, to be used for or in	51647
connection with dormitories or other living quarters and	51648
accommodations, or related dining halls or other food service and	51649
preparation facilities, for students, members of the faculty,	51650
officers, or employees of the institution of higher education, and	51651
their spouses and families.	51652

(4) "Auxiliary facilities" means buildings, structures, and	51653
other improvements, and equipment, real estate, and interests in	51654
real estate therefor, to be used for or in connection with student	51655
activity or student service facilities, housing and dining	51656
facilities, dining halls, and other food service and preparation	51657
facilities, vehicular parking facilities, bookstores, athletic and	51658
recreational facilities, faculty centers, auditoriums, assembly	51659
and exhibition halls, hospitals, infirmaries and other medical and	51660
health facilities, research, and continuing education facilities.	51661

(5) "Education facilities" means buildings, structures, and	51662
other improvements, and equipment, real estate, and interests in	51663
real estate therefor, to be used for or in connection with,	51664
classrooms or other instructional facilities, libraries,	51665
administrative and office facilities, and other facilities, other	51666
than auxiliary facilities, to be used directly or indirectly for	51667
or in connection with the conduct of the institution of higher	51668
education.	51669

(6) "Facilities" means housing and dining facilities,	51670
auxiliary facilities, or education facilities, and includes any	51671
one, part of, or any combination of such facilities, and further	51672
includes site improvements, utilities, machinery, furnishings, and	51673
any separate or connected buildings, structures, improvements,	51674
sites, open space and green space areas, utilities or equipment to	51675
be used in, or in connection with the operation or maintenance of,	51676
or supplementing or otherwise related to the services or	51677
facilities to be provided by, such facilities.	51678

(7) "Obligations" means bonds or notes or other evidences of	51679
obligation, including interest coupons pertaining thereto,	51680
authorized to be issued under this section or section 3345.07,	51681
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	51682
Code.	51683

(8) "Bond service charges" means principal, including any	51684
mandatory sinking fund or redemption requirements for the	51685
retirement of obligations or assurances, interest, or interest	51686
equivalent and other accreted amounts, and any call premium	51687
required to be paid on obligations or assurances.	51688

(9) "Bond proceedings" means the resolutions, trust	51689
agreement, indenture, and other agreements and credit enhancement	51690
facilities, and amendments and supplements to the foregoing, or	51691
any one or more or combination thereof, authorizing, awarding, or	51692
providing for the terms and conditions applicable to, or providing	51693
for the security or liquidity of, obligations or assurances, and	51694
the provisions contained in those obligations or assurances.	51695

(10) "Costs of facilities" means the costs of acquiring,	51696
constructing, reconstructing, rehabilitating, remodeling,	51697
renovating, enlarging, improving, equipping, or furnishing	51698
facilities, and the financing thereof, including the cost of	51699
clearance and preparation of the site and of any land to be used	51700
in connection with facilities, the cost of any indemnity and	51701
surety bonds and premiums on insurance, all related direct	51702
administrative expenses and allocable portions of direct costs of	51703
the institution of higher education or state agency, cost of	51704
engineering, architectural services, design, plans, specifications	51705
and surveys, estimates of cost, legal fees, fees and expenses of	51706
trustees, depositories, bond registrars, and paying agents for the	51707
obligations, cost of issuance of the obligations and financing	51708
costs and fees and expenses of financial advisers and consultants	51709
in connection therewith, interest on the obligations from the date	51710
thereof to the time when interest is to be covered by available	51711
receipts or other sources other than proceeds of the obligations,	51712
amounts necessary to establish reserves as required by the bond	51713
proceedings, costs of audits, the reimbursements of all moneys	51714
advanced or applied by or borrowed from the institution or others,	51715
from whatever source provided, including any temporary advances	51716
from state appropriations, for the payment of any item or items of	51717
cost of facilities, and all other expenses necessary or incident	51718
to planning or determining feasibility or practicability with	51719
respect to facilities, and such other expenses as may be necessary	51720
or incident to the acquisition, construction, reconstruction,	51721
rehabilitation, remodeling, renovation, enlargement, improvement,	51722
equipment, and furnishing of facilities, the financing thereof and	51723
the placing of them in use and operation, including any one, part	51724
of, or combination of such classes of costs and expenses.	51725

(11) "Available receipts" means all moneys received by the	51726
institution of higher education, including income, revenues, and	51727
receipts from the operation, ownership, or control of facilities	51728
or entrepreneurial projects, grants, gifts, donations, and pledges	51729
and receipts therefrom, receipts from fees and charges, and the	51730
proceeds of the sale of obligations or assurances, including	51731
proceeds of obligations or assurances issued to refund obligations	51732
or assurances previously issued, but excluding any special fee,	51733
and receipts therefrom, charged pursuant to division (D) of	51734
section 154.21 of the Revised Code.	51735

(12) "Credit enhancement facilities" has the meaning given in	51736
division (H) of section 133.01 of the Revised Code.	51737

(13) "Financing costs" has the meaning given in division (K)	51738
of section 133.01 of the Revised Code.	51739

(14) "Interest" or "interest equivalent" has the meaning	51740
given in division (R) of section 133.01 of the Revised Code.	51741

(15) "Assurances" means bonds, notes, or other evidence of	51742
indebtedness, including interest coupons pertaining thereto,	51743
authorized to be issued under section 3345.36 of the Revised Code.	51744

(16) "Entrepreneurial project" has the same meaning as in	51745
section 3345.36 of the Revised Code.	51746

(17) "Costs of entrepreneurial projects" means any costs	51747
related to the establishment or development of entrepreneurial	51748
projects pursuant to a resolution adopted under section 3345.36 of	51749
the Revised Code.	51750

(B) Obligations issued under section 3345.07 or 3345.11 of	51751
the Revised Code by a state university or college shall be	51752
authorized by resolution of its board of trustees. Obligations	51753
issued by any other institution of higher education shall be	51754
authorized by resolution of its board of trustees, or managing	51755
directors in the case of certain university branch districts, as	51756
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	51757
apply to obligations and assurances. Obligations and assurances	51758
may be issued to pay costs of facilities or entrepreneurial	51759
projects even if the institution anticipates the possibility of a	51760
future state appropriation to pay all or a portion of such costs.	51761

(C) Obligations and assurances shall be secured by a pledge	51762
of and lien on all or such part of the available receipts of the	51763
institution of higher education as it provides for in the bond	51764
proceedings, excluding moneys raised by taxation and state	51765
appropriations except as permitted by section 3333.90 of the	51766
Revised Code. Such pledge and lien may be made prior to all other	51767
expenses, claims, or payments, excepting any pledge of such	51768
available receipts previously made to the contrary and except as	51769
provided by any existing restrictions on the use thereof, or such	51770
pledge and lien may be made subordinate to such other expenses,	51771
claims, or payments, as provided in the bond proceedings.	51772
Obligations or assurances may be additionally secured by covenants	51773
of the institution to make, fix, adjust, collect, and apply such	51774
charges, rates, fees, rentals, and other items of available	51775
receipts as will produce pledged available receipts sufficient to	51776
meet bond service charges, reserve, and other requirements	51777
provided for in the bond proceedings. Notwithstanding this and	51778
any other sections of the Revised Code, the holders or owners of	51779
the obligations or assurances shall not be given the right and	51780
shall have no right to have excises or taxes levied by the	51781
general assembly for the payment of bond service charges thereon,	51782
and each such obligation or assurance shall bear on its face a	51783
statement to that effect and to the effect that the right to such	51784
payment is limited to the available receipts and special funds	51785
pledged to such purpose under the bond proceedings.	51786

All pledged available receipts and funds and the proceeds of	51787
obligations or assurances are trust funds and, subject to the	51788
provisions of this section and the applicable bond proceedings,	51789
shall be held, deposited, invested, reinvested, disbursed,	51790
applied, and used to such extent, in such manner, at such times,	51791
and for such purposes, as are provided in the bond proceedings.	51792

(D) The bond proceedings for obligations or assurances shall	51793
provide for the purpose thereof and the principal amount or	51794
maximum principal amount, and provide for or authorize the manner	51795
of determining the principal maturity or maturities, the sale	51796
price including any permitted discount, the interest rate or	51797
rates, which may be a variable rate or rates, or the maximum	51798
interest rate, the date of the obligations or assurances and the	51799
date or dates of payment of interest thereon, their	51800
denominations, the manner of sale thereof, and the establishment	51801
within or without the state of a place or places of payment of	51802
bond service charges. The bond proceedings also shall provide for	51803
a pledge of and lien on available receipts of the institution of	51804
higher education as provided in division (C) of this section, and	51805
a pledge of and lien on such fund or funds provided in the bond	51806
proceedings arising from available receipts, which pledges and	51807
liens may provide for parity with obligations or assurances	51808
theretofore or thereafter issued by the institution. The available	51809
receipts so pledged and thereafter received by the institution and	51810
the funds so pledged are immediately subject to the lien of such	51811
pledge without any physical delivery thereof or further act, and	51812
the lien of any such pledge is valid and binding against all	51813
parties having claims of any kind against the institution,	51814
irrespective of whether such parties have notice thereof, and	51815
shall create a perfected security interest for all purposes of	51816
Chapter 1309. of the Revised Code, without the necessity for	51817
separation or delivery of funds or for the filing or recording of	51818
the bond proceedings by which such pledge is created or any	51819
certificate, statement, or other document with respect thereto;	51820
and the pledge of such available receipts and funds shall be	51821
effective and the money therefrom and thereof may be applied to	51822
the purposes for which pledged without necessity for any act of	51823
appropriation.	51824

(E) The bond proceedings may contain additional provisions	51825
customary or appropriate to the financing or to the obligations or	51826
assurances or to particular obligations and assurances,	51827
including:	51828

(1) The acquisition, construction, reconstruction, equipment,	51829
furnishing, improvement, operation, alteration, enlargement,	51830
maintenance, insurance, and repair of facilities or	51831
entrepreneurial projects, and the duties of the institution of	51832
higher education with reference thereto;	51833

(2) The terms of the obligations or assurances, including	51834
provisions for their redemption prior to maturity at the option of	51835
the institution of higher education at such price or prices and	51836
under such terms and conditions as are provided in the bond	51837
proceedings;	51838

(3) Limitations on the purposes to which the proceeds of the	51839
obligations or assurances may be applied;	51840

(4) The rates or rentals or other charges for the use of or	51841
right to use the facilities or entrepreneurial projects financed	51842
by the obligations or assurances, or other properties the	51843
revenues or receipts from which are pledged to the obligations or	51844
assurances, and rules for assuring any applicable use and	51845
occupancy thereof, including limitations upon the right to modify	51846
such rates, rentals, other charges, or regulations;	51847

(5) The use and expenditure of the pledged available receipts	51848
in such manner and to such extent as shall be determined, which	51849
may include provision for the payment of the expenses of	51850
operation, maintenance, and repair of facilities or	51851
entrepreneurial projects so that such expenses, or part thereof,	51852
shall be paid or provided as a charge prior or subsequent to the	51853
payment of bond service charges and any other payments required	51854
to be made by the bond proceedings;	51855

(6) Limitations on the issuance of additional obligations or	51856
assurances;	51857

(7) The terms of any trust agreement or indenture securing	51858
the obligations or assurances or under which the same may be	51859
issued;	51860

(8) The deposit, investment, and application of funds, and	51861
the safeguarding of funds on hand or on deposit without regard to	51862
Chapter 131. or 135. of the Revised Code, and any bank or trust	51863
company or other financial institution that acts as depository of	51864
any moneys under the bond proceedings shall furnish such	51865
indemnifying bonds or pledge such securities as required by the	51866
bond proceedings or otherwise by the institution of higher	51867
education;	51868

(9) The binding effect of any or every provision of the bond	51869
proceedings upon such officer, board, commission, authority,	51870
agency, department, or other person or body as may from time to	51871
time have the authority under law to take such actions as may be	51872
necessary to perform all or any part of the duty required by such	51873
provision;	51874

(10) Any provision that may be made in a trust agreement or	51875
indenture;	51876

(11) Any other or additional agreements with respect to the	51877
facilities of the institution of higher education or its	51878
entrepreneurial projects, their operation, the available receipts	51879
and funds pledged, and insurance of facilities or entrepreneurial	51880
projects and of the institution, its officers and employees.	51881

(F) Such obligations or assurances may have the seal of the	51882
institution of higher education or a facsimile thereof affixed	51883
thereto or printed thereon and shall be executed by such officers	51884
as are designated in the bond proceedings, which execution may be	51885
by facsimile signatures. Any obligations or assurances may be	51886
executed by an officer who, on the date of execution, is the	51887
proper officer although on the date of such obligations or	51888
assurances such person was not the proper officer. In case any	51889
officer whose signature or a facsimile of whose signature appears	51890
on any such obligation or assurance ceases to be such officer	51891
before delivery thereof, such signature or facsimile is	51892
nevertheless valid and sufficient for all purposes as if the	51893
person had remained such officer until such delivery; and in case	51894
the seal of the institution has been changed after a facsimile of	51895
the seal has been imprinted on such obligations or assurances,	51896
such facsimile seal continues to be sufficient as to such	51897
obligations or assurances and obligations or assurances issued in	51898
substitution or exchange therefor.	51899

(G) All such obligations or assurances are negotiable	51900
instruments and securities under Chapter 1308. of the Revised	51901
Code, subject to the provisions of the bond proceedings as to	51902
registration. The obligations or assurances may be issued in	51903
coupon or in registered form, or both. Provision may be made for	51904
the registration of any obligations or assurances with coupons	51905
attached thereto as to principal alone or as to both principal	51906
and interest, their exchange for obligations or assurances so	51907
registered, and for the conversion or reconversion into	51908
obligations or assurances with coupons attached thereto of any	51909
obligations or assurances registered as to both principal and	51910
interest, and for reasonable charges for such registration,	51911
exchange, conversion, and reconversion.	51912

(H) Pending preparation of definitive obligations or	51913
assurances, the institution of higher education may issue interim	51914
receipts or certificates which shall be exchanged for such	51915
definitive obligations or assurances.	51916

(I) Such obligations or assurances may be secured	51917
additionally by a trust agreement or indenture between the	51918
institution of higher education and a corporate trustee, which may	51919
be any trust company or bank having the powers of a trust company	51920
within or without this state but authorized to exercise trust	51921
powers within this state. Any such agreement or indenture may	51922
contain the resolution authorizing the issuance of the	51923
obligations or assurances, any provisions that may be contained	51924
in the bond proceedings as authorized by this section, and other	51925
provisions which are customary or appropriate in an agreement or	51926
indenture of such type, including:	51927

(1) Maintenance of each pledge, trust agreement, and	51928
indenture, or other instrument comprising part of the bond	51929
proceedings until the institution of higher education has fully	51930
paid the bond service charges on the obligations or assurances	51931
secured thereby, or provision therefor has been made;	51932

(2) In the event of default in any payments required to be	51933
made by the bond proceedings, or any other agreement of the	51934
institution of higher education made as a part of the contract	51935
under which the obligations or assurances were issued, enforcement	51936
of such payments or agreement by mandamus, the appointment of a	51937
receiver, suit in equity, action at law, or any combination of	51938
the foregoing;	51939

(3) The rights and remedies of the holders of obligations or	51940
assurances and of the trustee, and provisions for protecting and	51941
enforcing them, including limitations on rights of individual	51942
holders of obligations or assurances;	51943

(4) The replacement of any obligations or assurances that	51944
become mutilated or are destroyed, lost, or stolen;	51945

(5) Such other provisions as the trustee and the institution	51946
of higher education agree upon, including limitations, conditions,	51947
or qualifications relating to any of the foregoing.	51948

(J) Each duty of the institution of higher education and its	51949
officers or employees, undertaken pursuant to the bond proceedings	51950
or any related agreement or lease made under authority of law, is	51951
hereby established as a duty of such institution, and of each such	51952
officer or employee having authority to perform such duty,	51953
specially enjoined by law resulting from an office, trust, or	51954
station within the meaning of section 2731.01 of the Revised Code.	51955
The persons who are at the time the members of the board of	51956
trustees or the managing directors of the institution or its	51957
officers or employees are not liable in their personal capacities	51958
on such obligations or assurances, or lease, or other agreement of	51959
the institution.	51960

(K) The authority to issue obligations or assurances includes	51961
authority to:	51962

(1) Issue obligations or assurances in the form of bond	51963
anticipation notes and to renew them from time to time by the	51964
issuance of new notes. Such notes are payable solely from the	51965
available receipts and funds that may be pledged to the payment of	51966
such bonds, or from the proceeds of such bonds or renewal notes,	51967
or both, as the institution of higher education provides in its	51968
resolution authorizing such notes. Such notes may be additionally	51969
secured by covenants of the institution to the effect that it	51970
will do such or all things necessary for the issuance of such	51971
bonds or renewal notes in appropriate amount, and either exchange	51972
such bonds or renewal notes therefor or apply the proceeds	51973
thereof to the extent necessary, to make full payment of the bond	51974
service charges on such notes at the time or times contemplated,	51975
as provided in such resolution. Subject to the provisions of this	51976
division, all references to obligations or assurances in this	51977
section apply to such anticipation notes.	51978

(2) Issue obligations or assurances to refund, including	51979
funding and retirement of, obligations or assurances previously	51980
issued to pay costs of facilities or entrepreneurial projects.	51981
Such obligations or assurances may be issued in amounts sufficient	51982
for payment of the principal amount of the obligations or	51983
assurances to be so refunded, any redemption premiums thereon,	51984
principal maturities of any obligations or assurances maturing	51985
prior to the redemption of any other obligations or assurances on	51986
a parity therewith to be so refunded, interest accrued or to	51987
accrue to the maturity date or dates of redemption of such	51988
obligations or assurances, and any expenses incurred or to be	51989
incurred in connection with such refunding or the issuance of the	51990
obligations or assurances.	51991

(L) Obligations and assurances are lawful investments for	51992
banks, societies for savings, savings and loan associations,	51993
deposit guarantee associations, trust companies, trustees,	51994
fiduciaries, insurance companies, including domestic for life and	51995
domestic not for life, trustees or other officers having charge	51996
of sinking and bond retirement or other special funds of	51997
political subdivisions and taxing districts of this state, the	51998
commissioners of the sinking fund, the administrator of workers'	51999
compensation in accordance with the investment policy approved by	52000
the bureau of workers' compensation board of directors pursuant	52001
to section 4121.12 of the Revised Code, the state teachers	52002
retirement system, the public employees retirement system, the	52003
school employees retirement system, and the Ohio police and fire	52004
pension fund, notwithstanding any other provisions of the Revised	52005
Code or rules adopted pursuant thereto by any state agency with	52006
respect to investments by them, and are also acceptable as	52007
security for the deposit of public moneys.	52008

(M) All facilities or entrepreneurial projects purchased,	52009
acquired, constructed, or owned by an institution of higher	52010
education, or financed in whole or in part by obligations or	52011
assurances issued by an institution, and used for the purposes of	52012
the institution or other publicly owned and controlled college or	52013
university, is public property used exclusively for a public	52014
purpose, and such property and the income therefrom is exempt	52015
from all taxation and assessment within this state, including ad	52016
valorem and excise taxes. The obligations or assurances, the	52017
transfer thereof, and the income therefrom, including any profit	52018
made on the sale thereof, are at all times free from taxation	52019
within the state. The transfer of tangible personal property by	52020
lease under authority of this section or section 3345.07, 3345.11,	52021
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	52022
Code is not a sale as used in Chapter 5739. of the Revised Code.	52023

(N) The authority granted by this section is cumulative with	52024
the authority granted to institutions of higher education under	52025
Chapter 154. of the Revised Code, and nothing in this section	52026
impairs or limits the authority granted by Chapter 154. of the	52027
Revised Code. In any lease, agreement, or commitment made by an	52028
institution of higher education under Chapter 154. of the Revised	52029
Code, it may agree to restrict or subordinate any pledge it may	52030
thereafter make under authority of this section.	52031

(O) Title to lands acquired under this section and sections	52032
3345.07 and 3345.11 of the Revised Code by a state university or	52033
college shall be taken in the name of the state.	52034

(P) Except where costs of facilities or entrepreneurial	52035
projects are to be paid in whole or in part from funds	52036
appropriated by the general assembly, section 125.81 of the	52037
Revised Code and the requirement for certification with respect	52038
thereto under section 153.04 of the Revised Code do not apply to	52039
such facilities or entrepreneurial projects.	52040

(Q) A state university or college may sell or lease lands or	52041
interests in land owned by it or by the state for its use, or	52042
facilities authorized to be acquired or constructed by it under	52043
section 3345.07 or 3345.11 of the Revised Code, to permit the	52044
purchasers or lessees thereof to acquire, construct, equip,	52045
furnish, reconstruct, alter, enlarge, remodel, renovate,	52046
rehabilitate, improve, maintain, repair, or maintain and operate	52047
thereon and to provide by lease or otherwise to such institution,	52048
facilities authorized in section 3345.07 or 3345.11 of the Revised	52049
Code or entrepreneurial projects authorized under section 3345.36	52050
of the Revised Code. Such land or interests therein shall be sold	52051
for such appraised value, or leased, and on such terms as the	52052
board of trustees determines. All deeds or other instruments	52053
relating to such sales or leases shall be executed by such	52054
officer of the state university or college as the board of	52055
trustees designates. The state university or college shall hold,	52056
invest, or use the proceeds of such sales or leases for the same	52057
purposes for which proceeds of borrowings may be used under	52058
sections 3345.07 and 3345.11 of the Revised Code or, if the	52059
proceeds relate to the sale or lease of entrepreneurial projects,	52060
for purposes of section 3345.36 of the Revised Code.	52061

(R) An institution of higher education may pledge available	52062
receipts, to the extent permitted by division (C) of this section	52063
with respect to obligations, to secure the payments to be made by	52064
it under any lease, lease with option to purchase, or	52065
lease-purchase agreement authorized under this section or section	52066
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	52067
3358.10 of the Revised Code.	52068

Sec. 3345.32. (A) As used in this section:

52069

(1) "State university or college" means the institutions	52070
described in section 3345.27 of the Revised Code and the	52071
northeastern Ohio universities college of medicine.	52072

(2) "Resident" has the meaning specified by rule of the	52073
chancellor of the Ohio board of regents.	52074

(3) "Statement of selective service status" means a statement	52075
certifying one of the following:	52076

(a) That the individual filing the statement has registered	52077
with the selective service system in accordance with the "Military	52078
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	52079
amended;	52080

(b) That the individual filing the statement is not required	52081
to register with the selective service for one of the following	52082
reasons:	52083

(i) The individual is under eighteen or over twenty-six years	52084
of age.	52085

(ii) The individual is on active duty with the armed forces	52086
of the United States other than for training in a reserve or	52087
national guard unit.	52088

(iii) The individual is a nonimmigrant alien lawfully in the	52089
United States in accordance with section 101 (a)(15) of the	52090
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	52091

(iv) The individual is not a citizen of the United States and	52092
is a permanent resident of the Trust Territory of the Pacific	52093
Islands or the Northern Mariana Islands.	52094

(4) "Institution of higher education" means any eligible	52095
institution approved by the United States department of education	52096
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	52097
amended, or any institution whose students are eligible for	52098
financial assistance under any of the programs described by	52099
division (E) of this section.	52100

(B) The chancellor shall, by rule, specify the form of	52101
statements of selective service status to be filed in compliance	52102
with divisions (C) to (F) of this section. Each statement of	52103
selective service status shall contain a section wherein a male	52104
student born after December 31, 1959, certifies that the student	52105
has registered with the selective service system in accordance	52106
with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.	52107
App. 453, as amended. For those students not required to register	52108
with the selective service, as specified in divisions	52109
(A)(2)(b)(i) to (iv) of this section, a section shall be provided	52110
on the statement of selective service status for the	52111
certification of nonregistration and for an explanation of the	52112
reason for the exemption. The chancellor may require that such	52113
statements be accompanied by documentation specified by rule of	52114
the chancellor.	52115

(C) A state university or college that enrolls in any course,	52116
class, or program a male student born after December 31, 1959, who	52117
has not filed a statement of selective service status with the	52118
university or college shall, regardless of the student's	52119
residency, charge the student any tuition surcharge charged	52120
students who are not residents of this state.	52121

(D) No male born after December 31, 1959, shall be eligible	52122
to receive any loan, grant, scholarship, or other financial	52123
assistance for educational expenses granted under section 3315.33,	52124
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, ~~3333.27,~~3333.391,	52125
5910.03, 5910.032, or 5919.34 of the Revised Code, financed by an	52126
award under the choose Ohio first scholarship program established	52127
under section 3333.61 of the Revised Code, or financed by an	52128
award under the Ohio co-op/internship program established under	52129
section 3333.72 of the Revised Code, unless that person has	52130
filed a statement of selective service status with that person's	52131
institution of higher education.	52132

(E) If an institution of higher education receives a	52133
statement from an individual certifying that the individual has	52134
registered with the selective service system in accordance with	52135
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	52136
453, as amended or that the individual is exempt from registration	52137
for a reason other than that the individual is under eighteen	52138
years of age, the institution shall not require the individual to	52139
file any further statements. If it receives a statement certifying	52140
that the individual is not required to register because the	52141
individual is under eighteen years of age, the institution shall	52142
require the individual to file a new statement of selective	52143
service status each time the individual seeks to enroll for a new	52144
academic term or makes application for a new loan or loan	52145
guarantee or for any form of financial assistance for educational	52146
expenses, until it receives a statement certifying that the	52147
individual has registered with the selective service system or is	52148
exempt from registration for a reason other than that the	52149
individual is under eighteen years of age.	52150

Sec. 3345.36. (A) For purposes of this section:

52151

(1) "Entrepreneurial project" means an effort to develop or	52152
commercialize technology through research or technology transfer	52153
or investment of real or personal property, or both, including	52154
undivided and other interests therein, acquired by gift or	52155
purchase, constructed, reconstructed, enlarged, improved,	52156
furnished, or equipped, or any combination thereof, by an	52157
institution of higher education or by others.	52158

(2) "Governmental agency" has the same meaning as in section	52159
166.01 of the Revised Code.	52160

(3) "Person" means individuals or entities engaged in	52161
industry, commerce, distribution, or research.	52162

(4) "Institution of higher education" has the same meaning as	52163
in section 3345.12 of the Revised Code.	52164

(5) "Stock or other ownership" means equity or other	52165
ownership rights held or received in return for the grant of	52166
rights to intellectual property developed by an institution of	52167
higher education. "Stock or other ownership" excludes equity or	52168
other ownership rights held or received in return for the	52169
investment of money.	52170

(B) To create or preserve jobs and employment opportunities	52171
and to improve the economic welfare of the people of the state	52172
pursuant to Section 13 of Article VIII, Ohio Constitution, it is	52173
hereby declared to be the public policy of the state for	52174
institutions of higher education to facilitate and assist with	52175
establishing and developing entrepreneurial projects or to assist	52176
and cooperate with any governmental agency in achieving such	52177
purpose. An entrepreneurial project is hereby determined to	52178
qualify as property, structures, equipment, and facilities	52179
described in Section 13 of Article VIII, Ohio Constitution.	52180

In furtherance of such public policy, and pursuant to Section	52181
13 of Article VIII, Ohio Constitution, a board of trustees of an	52182
institution of higher education may do any of the following by	52183
resolution:	52184

(1) Enter into an agreement with persons and with	52185
governmental agencies to induce such persons to acquire,	52186
construct, reconstruct, rehabilitate, renovate, enlarge, improve,	52187
equip, furnish, or otherwise develop entrepreneurial projects;	52188

(2) Acquire stock or other ownership in an entrepreneurial	52189
project or a legal entity formed in connection with an	52190
entrepreneurial project;	52191

(3) Make or guarantee loans and borrow money and issue bonds,	52192
notes, or other evidence of indebtedness to provide moneys for the	52193
acquisition, construction, enlargement, improvement, equipment,	52194
maintenance, repair, or operation of entrepreneurial projects,	52195
provided that such bonds, notes, or other evidence of indebtedness	52196
shall not constitute debt for which the full faith and credit of	52197
the state or an instrumentality or political subdivision of the	52198
state may be pledged and moneys raised by taxation shall not be	52199
obligated or pledged for their repayment.	52200

Sec. 3345.61. As used in this section and sections 3345.62	52201
to 3345.66 of the Revised Code:	52202

(A) "Avoided capital costs" means a measured reduction in the	52203
cost of future equipment or other capital purchases that results	52204
from implementation of one or more energy or water conservation	52205
measures, when compared to an established baseline for previous	52206
such cost.	52207

(B) "Board of trustees of a state institution of higher	52208
education" means the board of trustees of a state institution of	52209
higher education as defined in section 3345.011 of the Revised	52210
Code.	52211

~~(B)~~(C) "Energy conservation measure" means an installation	52212
or modification of an installation in, or a remodeling of, an	52213
existing building in order to reduce energy consumption ~~and~~	52214
~~operating costs~~. The term includes any of the following:	52215

(1) Installation or modification of insulation in the	52216
building structure and systems within the building;	52217

(2) Installation or modification of a storm ~~windows and doors~~	52218
window or door, a multiglazed ~~windows and doors~~window or door,	52219
~~and~~ or a heat absorbing or heat reflective glazed and coated	52220
window and door ~~systems~~system; installation of additional	52221
glazing; ~~reductions~~a reduction in glass area; ~~and~~or other window	52222
~~and~~or door system ~~modifications~~modification that ~~reduce~~reduces	52223
energy consumption and operating costs;	52224

(3) Installation or modification of an automatic energy	52225
control ~~systems~~system;	52226

(4) Replacement or modification of a heating, ventilating, or	52227
air conditioning ~~systems~~system;	52228

(5) Application of caulking and weatherstripping;

52229

(6) Replacement or modification of a lighting ~~fixtures~~	52230
fixture to increase the energy efficiency of the system without	52231
increasing the overall illumination of a facility, unless such	52232
increase in illumination is necessary to conform to the applicable	52233
state or local building code for the proposed lighting system;	52234

(7) Installation or modification of an energy recovery	52235
~~systems~~system;	52236

(8) Installation or modification of cogeneration systems that	52237
produce steam or forms of energy such as heat, as well as	52238
electricity, for use primarily within a building or complex of	52239
buildings;	52240

(9) Any other modification, installation, or remodeling	52241
approved by the board of trustees of a state institution of higher	52242
education as an energy conservation measure for one or more	52243
buildings owned by the institution.	52244

~~(C)~~(D) "Energy saving measure" means the acquisition and	52245
installation, by purchase, lease, lease-purchase, lease with an	52246
option to buy, or installment purchase, of an energy conservation	52247
measure and any attendant architectural and engineering consulting	52248
services.	52249

(E) "Energy, water, or wastewater cost savings" means a	52250
measured reduction in, as applicable, the cost of fuel, energy or	52251
water consumption, wastewater production, or stipulated operation	52252
or maintenance resulting from the implementation of one or more	52253
energy or water conservation measures, when compared to an	52254
established baseline for previous such costs, respectively.	52255

(F) "Operating cost savings" means a measured reduction in	52256
the cost of stipulated operation or maintenance created by the	52257
installation of new equipment or implementation of a new service,	52258
when compared with an established baseline for previous such	52259
stipulated costs.	52260

(G) "Water conservation measure" means an installation or	52261
modification of an installation in, or a remodeling of, an	52262
existing building or the surrounding grounds in order to reduce	52263
water consumption. The term includes any of the following:	52264

(1) Water-conserving fixture, appliance, or equipment, or the	52265
substitution of a nonwater-using fixture, appliance, or equipment;	52266

(2) Water-conserving, landscape irrigation equipment;

52267

(3) Landscaping measure that reduces storm water runoff	52268
demand and capture and hold applied water and rainfall, including	52269
landscape contouring such as the use of a berm, swale, or terrace	52270
and including the use of a soil amendment, including compost, that	52271
increases the water-holding capacity of the soil;	52272

(4) Rainwater harvesting equipment or equipment to make use	52273
of water collected as part of a storm water system installed for	52274
water quality control;	52275

(5) Equipment for recycling or reuse of water originating on	52276
the premises or from another source, including treated, municipal	52277
effluent;	52278

(6) Equipment needed to capture water for nonpotable uses	52279
from any nonconventional, alternate source, including air	52280
conditioning condensate or gray water;	52281

(7) Any other modification, installation, or remodeling	52282
approved by the board of trustees of a state institution of higher	52283
education, as defined in section 3345.011 of the Revised Code, as	52284
a water conservation measure for one or more buildings or the	52285
surrounding grounds owned by the institution.	52286

(H) "Water saving measure" means the acquisition and	52287
installation, by the purchase, lease, lease-purchase, lease with	52288
an option to buy, or installment purchases of a water conservation	52289
measure and any attendant architectural and engineering consulting	52290
services.	52291

Sec. 3345.62. The board of trustees of a state institution	52292
of higher education may contract with an energy or water services	52293
company, architect, professional engineer, contractor, or other	52294
person experienced in the design and implementation of energy or	52295
water conservation measures for a report containing an analysis	52296
and recommendations pertaining to the implementation of energy or	52297
water conservation measures that would ~~significantly reduce~~result	52298
in energy ~~consumption and~~, water, or wastewater cost savings,	52299
operating ~~costs in buildings owned by~~cost savings, or avoided	52300
capital costs for the institution. The report shall include	52301
estimates of all costs of such installations, including the costs	52302
of design, engineering, installation, maintenance, repairs, and	52303
debt service, and estimates of the ~~amounts by which~~ energy	52304
~~consumption and~~, water, or wastewater cost savings, operating	52305
~~costs would be reduced~~cost savings, and avoided capital costs	52306
created.	52307

Sec. 3345.63. If the board of trustees of a state	52308
institution of higher education wishes to enter into a contract,	52309
other than an installment payment contract provided under section	52310
3345.64 of the Revised Code, to implement one or more energy or	52311
water saving measures, the board may proceed under the applicable	52312
competitive bidding requirements in Chapter 153. or section	52313
3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code or,	52314
notwithstanding those requirements, may enter into such a contract	52315
as provided in section 3345.65 of the Revised Code.	52316

Sec. 3345.64. In accordance with this section, the board of	52317
trustees of a state institution of higher education may enter into	52318
an installment payment contract for the implementation of one or	52319
more energy or water saving measures. Any such contract shall be	52320
subject to the competitive bidding requirements of Chapter 153. or	52321
section 3354.16, 3355.12, 3357.16, or 3358.10 of the Revised Code,	52322
as applicable to each such board, except as follows:	52323

(A) If the board does not exempt the entire installment	52324
payment contract from the applicable competitive bidding	52325
requirements pursuant to division (B) of this section, the	52326
provisions of the contract dealing with interest charges and	52327
financing terms shall not be subject to the applicable competitive	52328
bidding requirements. Each such contract shall require repayment	52329
on the following terms:	52330

(1) Not less than one-~~tenth~~fifteenth of the costs of the	52331
contract shall be paid within two years from the date of purchase;	52332

(2)~~(a)~~ The remaining balance of the costs of the contract~~, in~~	52333
~~the case of an installment payment contract for a cogeneration~~	52334
~~system described in division (B)(8) of section 3345.61 of the~~	52335
~~Revised Code,~~ shall be paid within ~~five~~fifteen years from the	52336
date of purchase;	52337

~~(b) The remaining balance of the costs of the contract, in~~	52338
~~the case of an installment payment contract for an energy saving~~	52339
~~measure that is not a cogeneration system, shall be paid within~~	52340
~~ten years from the date of purchase~~.	52341

(B) The board by majority vote may exempt from the applicable	52342
competitive bidding requirements an entire installment payment	52343
contract for the implementation of energy or water saving measures	52344
pursuant to this section and instead of those requirements shall	52345
enter into the contract as provided in section 3345.65 of the	52346
Revised Code.	52347

Sec. 3345.65. To enter into a contract under this section	52348
pursuant to section 3345.63 or division (B) of section 3345.64 of	52349
the Revised Code, a board of trustees of a state institution of	52350
higher education shall request proposals from at least three	52351
parties for the implementation of energy or water saving measures.	52352
Prior to providing any interested party a copy of any such	52353
request, the board shall advertise, in a newspaper of general	52354
circulation in the county where the contract is to be performed,	52355
its intent to request proposals for the implementation of energy	52356
or water saving measures. The notice shall invite interested	52357
parties to submit proposals for consideration and shall be	52358
published at least thirty days prior to the date for accepting	52359
proposals.	52360

Upon receiving the proposals, the board shall analyze them.	52361
After considering the cost estimates of each proposal, how	52362
qualified each party submitting a proposal is to implement its	52363
proposal, and the institution's ability to pay for each with	52364
current revenues or by financing the cost of each, the board may	52365
select one or more proposals or, instead, reject all proposals. In	52366
selecting proposals, the board shall select the proposal or	52367
proposals most likely to result in the greatest savings when the	52368
cost of the proposal is compared to the ~~reduced~~ energy ~~and~~, water,	52369
or wastewater cost savings, operating cost savings, and avoided	52370
capital costs that will result from implementing the proposal.	52371

No board shall award a contract to implement energy or water	52372
saving measures under this section unless the board finds that ~~one~~	52373
~~or both of the following circumstances exists, as applicable:~~	52374

~~(A) In the case of a contract for a cogeneration system~~	52375
~~described in division (B)(8) of section 3345.61 of the Revised~~	52376
~~Code,~~ the cost of the contract is not likely to exceed the amount	52377
of ~~money the board would save in~~ energy ~~and~~, water, or wastewater	52378
savings, operating cost savings, and avoided capital costs over no	52379
more than ~~five~~fifteen years;	52380

~~(B) In the case of any contract for any energy saving measure~~	52381
~~other than a cogeneration system, the cost of the contract is not~~	52382
~~likely to exceed the amount of money the board would save in~~	52383
~~energy and operating costs over no more than ten years~~.	52384

Sec. 3345.66. The board of trustees of a state institution	52385
of higher education may issue notes of the institution signed by	52386
the ~~chairman~~chairperson and treasurer or other chief fiscal	52387
officer of the board and specifying the terms of the purchase and	52388
securing the payments provided in section 3345.64 of the Revised	52389
Code, payable at the times provided and bearing interest at a rate	52390
not exceeding a rate determined under section 9.95 of the Revised	52391
Code. The notes may contain an option for prepayment and are not	52392
subject to Chapter 133. of the Revised Code. Revenues derived from	52393
any source, other than money appropriated by the general assembly,	52394
that may be used for the purpose of ~~conserving~~implementing energy	52395
or water saving measures or for defraying the current operating	52396
expenses of the institution may be pledged to the payment of	52397
interest and the retirement of such notes. The notes may be sold	52398
at private sale or given to the contractor under the installment	52399
payment contract authorized by section 3345.64 of the Revised	52400
Code.	52401

Sec. 3349.242. Any agreement authorized by section 3349.241	52402
of the Revised Code may provide for the amounts of such	52403
participation by such school district or districts in the	52404
development, maintenance, and operation of such municipal	52405
university, but no funds granted to school districts under Chapter	52406
3306. or 3317. of the Revised Code shall be used for such	52407
purposes. By the terms of any such agreement the school district	52408
or districts and their residents shall be entitled to the	52409
educational advantages of said municipal university at the same	52410
rate of tuition, fees, and other charges as are provided for the	52411
residents of the municipal corporation in which such municipal	52412
university is situated.	52413

Sec. 3353.09. (A) Not later than January 1, 2010, the eTech	52414
Ohio commission shall develop and implement a state technology	52415
plan to create an aligned educational technology system that spans	52416
preschool to postsecondary education and complies with federal	52417
mandates. The commission periodically shall modify the plan as it	52418
determines necessary.	52419

(B) Upon request of the commission, the state board of	52420
education shall assist in the commission's development and	52421
modification of the state technology plan.	52422

Sec. 3353.20. (A) The eTech Ohio commission shall develop	52423
and implement an interactive distance learning pilot project to	52424
provide, beginning with the 2009-2010 school year, access to at	52425
least three interactive distance learning courses in each school	52426
year free of charge for all high schools operated by school	52427
districts. The courses offered shall include two advanced	52428
placement courses and one foreign language course.	52429

The commission shall do all of the following:

52430

(1) Contract with and pay the compensation for teachers to	52431
develop and teach the interactive distance learning courses	52432
offered by the pilot project;	52433

(2) Produce and broadcast the courses offered by the pilot	52434
project;	52435

(3) Provide the funds for schools to purchase video	52436
conferencing telecommunications equipment and connectivity	52437
devices, if necessary, so that the schools may participate in the	52438
pilot project;	52439

(4) Assist schools in arranging for the purchase and	52440
installation of telecommunications equipment and connectivity	52441
devices, if necessary, so that the schools may participate in the	52442
pilot project;	52443

(5) Pay, for up to one school year, the cost of upgrading	52444
internet service for schools that currently have a connection not	52445
faster than 1.544 megabits per second;	52446

(6) Offer training in the use of the telecommunications	52447
equipment necessary to participate in the pilot project;	52448

(7) Administer and oversee the operation of the pilot	52449
project.	52450

(B) The department of education, in consultation with the	52451
chancellor of the Ohio board of regents, shall select courses to	52452
be offered by the pilot project and shall develop the standards	52453
for the curriculum of each course selected.	52454

(C) The commission and the department jointly, and in	52455
consultation with the chancellor, shall select the teachers to	52456
develop and teach the courses offered by the pilot project.	52457

(D) The commission, the department, and the chancellor	52458
jointly shall notify schools of and promote participation in the	52459
pilot project.	52460

(E) Each high school shall determine the manner in which and	52461
facilities at which students may participate in courses consistent	52462
with specifications for technology and connectivity required by	52463
the commission.	52464

(F) The grade for a student enrolled in a course offered	52465
through the pilot project shall be assigned by the course teacher	52466
and shall be transmitted to the student's high school.	52467

(G) Not later than December 31, 2010, the superintendent of	52468
public instruction, the chancellor, and the commission shall	52469
submit to the governor and the general assembly, in accordance	52470
with section 101.68 of the Revised Code, a formative evaluation of	52471
the implementation and results of and legislative recommendations	52472
for changes in the pilot project.	52473

Sec. 3354.24. (A) The provisions of this section prevail	52474
over conflicting provisions of this chapter; however, except as	52475
otherwise provided in this section, the eastern gateway community	52476
college district and its board of trustees shall comply with the	52477
provisions of this chapter.	52478

(B) The territory of Columbiana, Mahoning, and Trumbull	52479
counties is hereby added to the territory of the community college	52480
district of Jefferson county, creating a new community college	52481
district to replace the former community college district of	52482
Jefferson county. The district created under this section shall be	52483
known as and operate under the name of "eastern gateway community	52484
college district," and its charter shall be amended to this name.	52485
The Jefferson county campus is hereby part of the eastern gateway	52486
community college district and shall remain in operation unless	52487
otherwise specified by the board of trustees of the community	52488
college.	52489

The eastern gateway community college district is divided	52490
into two taxing subdistricts, one consisting of the territory of	52491
Jefferson county, and the other consisting of the territories of	52492
Columbiana, Mahoning, and Trumbull counties.	52493

(C) On the effective date of this section as enacted by H.B.	52494
1 of the 128th general assembly, the government of the eastern	52495
gateway community college district shall be vested in a board of	52496
eleven trustees to be appointed by the governor, with the advice	52497
and consent of the senate. The board of trustees of the former	52498
community college district of Jefferson county is abolished on	52499
that date.	52500

The governor shall appoint the members of the board of	52501
trustees of the eastern gateway community college district as	52502
successors to the board of trustees of Jefferson community college	52503
as follows: Three members of the board of trustees shall be	52504
residents of Jefferson county. (The initial Jefferson county	52505
members shall be members of the board of trustees of the former	52506
community college district of Jefferson county, as it existed	52507
before the effective date of this section.) Eight members of the	52508
board of trustees shall be residents of Columbiana, Mahoning, and	52509
Trumbull counties.	52510

The initial board of trustees shall be appointed within	52511
ninety days after the effective date of this section for terms as	52512
follows: Of the trustees who are residents of Jefferson county,	52513
one trustee shall be appointed for a one-year term, one trustee	52514
shall be appointed for a three-year term, and one trustee shall be	52515
appointed for a five-year term. Of the trustees who are residents	52516
of Columbiana, Mahoning, and Trumbull counties, one trustee shall	52517
be appointed for a one-year term, two trustees shall be appointed	52518
for two-year terms, two trustees shall be appointed for three-year	52519
terms, two trustees shall be appointed for four-year terms, and	52520
one trustee shall be appointed for a five-year term.	52521

At the conclusion of each initial term, the term of office of	52522
each trustee shall be five years, each term ending on the same day	52523
of the same month of the year as did the term that it succeeds.	52524

Each trustee shall hold office from the date of the trustee's	52525
appointment until the end of the term for which the trustee was	52526
appointed. Any trustee appointed to fill a vacancy occurring	52527
before the expiration of the term for which the trustee's	52528
predecessor was appointed shall hold office for the remainder of	52529
that term. Any trustee shall continue in office subsequent to the	52530
expiration date of the trustee's term until the trustee's	52531
successor takes office, or until a period of sixty days has	52532
elapsed, whichever occurs first.	52533

If a vacancy occurs and the Jefferson county tax levy is no	52534
longer in place or a conversion under division (H) of this section	52535
has occurred, the governor shall fill the vacancy with a person	52536
residing within the eastern gateway community college district.	52537

(D) The board of trustees of the eastern gateway community	52538
college district shall continue to comply with division (G) of	52539
section 3354.09 of the Revised Code regarding tuition for students	52540
who are residents of Ohio but not residents of the district, and	52541
for students who are nonresidents of Ohio. The tuition rate shall	52542
be based on the student's county of residence and shall apply to	52543
all eastern gateway community college district classes in all	52544
district locations. Except as provided in division (F)(3) of this	52545
section, students who are residents of Columbiana, Mahoning, or	52546
Trumbull county shall continue to be charged tuition at the same	52547
rate as Ohio residents who are not residents of the district.	52548

(E)(1) Except as provided in divisions (E)(2) and (3) of this	52549
section, each member of the board of trustees shall have full	52550
voting rights on all matters that come before the board.	52551

(2) The three trustees representing Jefferson county shall	52552
have sole authority to vote on the following matters:	52553

(a) The Jefferson county tax levy;

52554

(b) The expenditure of revenue from that tax levy;

52555

52556

(3) The voting restrictions under division (E)(2) of this	52557
section apply until the electors of the Columbiana, Mahoning, and	52558
Trumbull county taxing subdistrict approve a tax levy under	52559
division (F)(3) of this section that is equivalent to the tax levy	52560
approved by the electors of Jefferson county for the support of	52561
the former community college district of Jefferson county on the	52562
effective date of this section. For the purposes of this division,	52563
the tax levy is an equivalent tax levy if either:	52564

(a) In the first tax year for which the tax is collected, it	52565
yields revenue per capita equal to or greater than the yield per	52566
capita of levies of the community college district in effect that	52567
year in Jefferson county, as jointly determined by the county	52568
auditors of Jefferson, Columbiana, Mahoning, and Trumbull	52569
counties; or	52570

(b) In the first tax year for which the tax is collected, the	52571
effective tax rate of the tax is equal to or greater than the	52572
effective tax rate of levies of the community college district in	52573
effect that tax year in Jefferson county, as jointly determined by	52574
the county auditors of Jefferson, Columbiana, Mahoning, and	52575
Trumbull counties.	52576

As used in this division, "effective tax rate" means the	52577
quotient obtained by dividing the total taxes charged and payable	52578
for a taxing subdistrict for a tax year after the reduction	52579
prescribed by section 319.301 of the Revised Code but before the	52580
reduction prescribed by section 319.302 or 323.152 of the Revised	52581
Code, by the taxable value for the taxing subdistrict for that tax	52582
year.	52583

(F)(1) For each taxing subdistrict of the eastern gateway	52584
community college district, the board of trustees may propose to	52585
levy a tax in accordance with the procedures prescribed in section	52586
3354.12 of the Revised Code, except the following terms used in	52587
that section shall have the meanings given them in this section:	52588

(a) "District" and "community college district" mean the	52589
appropriate taxing subdistrict defined in this section;	52590

(b) "Board of trustees of the community college district"	52591
means the board of trustees for the entire eastern gateway	52592
community college district. That board of trustees may propose	52593
separate levies for either of the two taxing subdistricts.	52594

(c) "Tax duplicate" means the tax duplicate of only the	52595
appropriate taxing subdistrict and not the tax duplicate of the	52596
entire eastern gateway community college district.	52597

(2) The board of trustees may propose to levy a tax on	52598
taxable property in Jefferson county to be voted on by the	52599
electors of Jefferson county as provided in division (F)(1) of	52600
this section. An affirmative vote by a majority of the electors of	52601
the subdistrict voting on the question is necessary for passage.	52602
Any money raised by a tax levied by the former community college	52603
district of Jefferson county or a subsequent tax levied in	52604
Jefferson county in accordance with division (F)(1) of this	52605
section shall be used solely for the benefit of Jefferson county	52606
residents attending the eastern gateway community college in the	52607
form of student tuition subsidies, student scholarships, and	52608
instructional facilities, equipment, and support services located	52609
within Jefferson county, or for any purpose approved by the	52610
electors. Such amounts shall be deposited into a separate fund of	52611
the taxing subdistrict, and shall be budgeted separately.	52612

(3) The board of trustees may propose to levy a tax on	52613
taxable property in Columbiana, Mahoning, and Trumbull counties to	52614
be voted on by the electors of the counties as provided in	52615
division (F)(1) of this section. An affirmative vote by a majority	52616
of the electors of the subdistrict voting on the question is	52617
necessary for passage. Any amounts raised by such a tax in the tax	52618
subdistrict shall be used solely for the benefit of residents of	52619
the subdistrict attending the eastern gateway community college in	52620
the form of student tuition subsidies, student scholarships, and	52621
instructional facilities, equipment, and support services located	52622
within Columbiana, Mahoning, and Trumbull counties, or for any	52623
purpose approved by the electors. Amounts collected shall be	52624
deposited into a separate fund from all other revenues collected	52625
by each taxing subdistrict.	52626

The board of trustees may adjust the rate of tuition charged	52627
to each taxing subdistrict's residents to an amount commensurate	52628
with the amount of tax the board of trustees dedicates for	52629
instructional and general services provided to the residents of	52630
the subdistrict.	52631

(G) The board of trustees of the eastern gateway community	52632
college district may issue bonds in accordance with section	52633
3354.11 of the Revised Code, but the board may limit the question	52634
of approval of the issue of those bonds to the electors of only	52635
one of the two taxing subdistricts, in which case the board also	52636
may limit the use of the property or improvements to the residents	52637
of that subdistrict.	52638

(H) If the tax levy in Jefferson county expires, is not	52639
renewed, or is not approved by the electors of Jefferson county	52640
and the other taxing subdistrict does not levy a tax for the	52641
purposes of this section, the board of trustees of the eastern	52642
gateway community college district shall submit a proposal to the	52643
chancellor of the board of regents to convert to a state community	52644
college and, upon the chancellor's approval of the proposal, enter	52645
into a transition agreement with the chancellor following the	52646
procedures set forth in section 3358.05 of the Revised Code for a	52647
technical college district.	52648

Sec. 3365.01. As used in this chapter:

52649

(A) "College" means any state-assisted college or university	52650
described in section 3333.041 of the Revised Code, any nonprofit	52651
institution holding a certificate of authorization pursuant to	52652
Chapter 1713. of the Revised Code, any private institution exempt	52653
from regulation under Chapter 3332. of the Revised Code as	52654
prescribed in section 3333.046 of the Revised Code, and any	52655
institution holding a certificate of registration from the state	52656
board of career colleges and schools and program authorization for	52657
an associate or bachelor's degree program issued under section	52658
3332.05 of the Revised Code.	52659

(B) "School district," except as specified in division (G) of	52660
this section, means any school district to which a student is	52661
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	52662
the Revised Code and does not include a joint vocational or	52663
cooperative education school district.	52664

(C) "Parent" has the same meaning as in section 3313.64 of	52665
the Revised Code.	52666

(D) "Participant" means a student enrolled in a college under	52667
the post-secondary enrollment options program established by this	52668
chapter.	52669

(E) "Secondary grade" means the ninth through twelfth grades.

52670

(F) "School foundation payments" means the amount required to	52671
be paid to a school district for a fiscal year under ~~Chapter~~	52672
Chapters 3306. and 3317. of the Revised Code.	52673

(G) "Tuition base" means~~, with respect to a participant's~~	52674
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	52675
~~amount of the base funding supplements specified in divisions~~	52676
~~(C)(1) to (4) of section 3317.012~~, as defined in section 3317.02	52677
of the Revised Code.	52678

~~The participant's "school district" in the case of a~~	52679
~~participant enrolled in a community school shall be the school~~	52680
~~district in which the student is entitled to attend school under~~	52681
~~section 3313.64 or 3313.65 of the Revised Code.~~	52682

(H) "Educational program" means enrollment in one or more	52683
school districts, in a nonpublic school, or in a college under	52684
division (B) of section 3365.04 of the Revised Code.	52685

(I) "Nonpublic school" means a chartered or nonchartered	52686
school for which minimum standards are prescribed by the state	52687
board of education pursuant to division (D) of section 3301.07 of	52688
the Revised Code.	52689

(J) "School year" means the year beginning on the first day	52690
of July and ending on the thirtieth day of June.	52691

(K) "Community school" means any school established pursuant	52692
to Chapter 3314. of the Revised Code that includes secondary	52693
grades.	52694

(L) "STEM school" means a science, technology, engineering,	52695
and mathematics school established under Chapter 3326. of the	52696
Revised Code.	52697

Sec. 3365.04. The rules adopted under section 3365.02 of the	52698
Revised Code shall provide for students to enroll in courses under	52699
either of the following options:	52700

(A) The student may elect at the time of enrollment to be	52701
responsible for payment of all tuition and the cost of all	52702
textbooks, materials, and fees associated with the course. The	52703
college shall notify the student about payment of tuition and fees	52704
in the customary manner followed by the college. A student	52705
electing this option also shall elect, at the time of enrollment,	52706
whether to receive only college credit or high school credit and	52707
college credit for the course.	52708

(1) The student may elect to receive only college credit for	52709
the course. Except as provided in section 3365.041 of the Revised	52710
Code, if the student successfully completes the course, the	52711
college shall award the student full credit for the course, but	52712
the board of education, community school governing authority, STEM	52713
school, or nonpublic participating school shall not award the high	52714
school credit.	52715

(2) The student may elect to receive both high school credit	52716
and college credit for the course. Except as provided in section	52717
3365.041 of the Revised Code, if the student successfully	52718
completes the course, the college shall award the student full	52719
credit for the course and the board of education, community school	52720
governing authority, STEM school, or nonpublic school shall award	52721
the student high school credit.	52722

(B) The student may elect at the time of enrollment for each	52723
course to have the college reimbursed under section 3365.07 of the	52724
Revised Code or as provided in alternative funding agreements	52725
entered into under rules adopted under section 3365.12 of the	52726
Revised Code. Except as provided in section 3365.041 of the	52727
Revised Code, if the student successfully completes the course,	52728
the college shall award the student full credit for the course,	52729
the board of education, community school governing authority, STEM	52730
school, or nonpublic school shall award the student high school	52731
credit, and the college shall be reimbursed in accordance with	52732
section 3365.07 of the Revised Code or alternative funding	52733
agreements entered into under rules adopted under section 3365.12	52734
of the Revised Code.	52735

When determining a school district's formula ADM under	52736
section 3317.03 of the Revised Code, the time a participant is	52737
attending courses under division (A) of this section shall be	52738
considered as time the participant is not attending or enrolled in	52739
school anywhere, and the time a participant is attending courses	52740
under division (B) of this section shall be considered as time the	52741
participant is attending or enrolled in the district's schools.	52742

Sec. 3365.041. (A) When a school district superintendent,	52743
the governing authority of a community school, or the chief	52744
administrative officer of a STEM school expels a student under	52745
division (B) of section 3313.66 of the Revised Code, the district	52746
superintendent, governing authority, or chief administrative	52747
officer shall send a written notice of the expulsion to any	52748
college in which the expelled student is enrolled under section	52749
3365.03 of the Revised Code at the time the expulsion is imposed.	52750
The notice shall indicate the date the expulsion is scheduled to	52751
expire. The notice also shall indicate whether the district board	52752
of education, community school governing authority, or the STEM	52753
school has adopted a policy under section 3313.613 of the	52754
Revised Code to deny high school credit for post-secondary	52755
courses taken during an expulsion. If the expulsion is extended	52756
under division (F) of section 3313.66 of the Revised Code, the	52757
district superintendent, community school governing authority, or	52758
STEM school chief administrative officer shall notify the	52759
college of the extension.	52760

(B) A college may withdraw its acceptance under section	52761
3365.03 of the Revised Code of a student who is expelled from	52762
school under division (B) of section 3313.66 of the Revised Code.	52763
As provided in section 3365.03 of the Revised Code, regardless of	52764
whether the college withdraws its acceptance of the student for	52765
the college term in which the student is expelled, the student is	52766
ineligible to enroll in a college under that section for	52767
subsequent college terms during the period of the expulsion,	52768
unless the student enrolls in another school district or community	52769
school, or a participating nonpublic school during that period.	52770

If a college withdraws its acceptance of an expelled student	52771
who elected either option of division (A)(1) or (2) of section	52772
3365.04 of the Revised Code, the college shall refund tuition and	52773
fees paid by the student in the same proportion that it refunds	52774
tuition and fees to students who voluntarily withdraw from the	52775
college at the same time in the term.	52776

If a college withdraws its acceptance of an expelled student	52777
who elected the option of division (B) of section 3365.04 of the	52778
Revised Code, the school district, community school, or STEM	52779
school shall not award high school credit for the college courses	52780
in which the student was enrolled at the time the college withdrew	52781
its acceptance, and any reimbursement under section 3365.07 of the	52782
Revised Code or through alternative funding agreements entered	52783
into under rules adopted under section 3365.12 of the Revised Code	52784
for the student's attendance prior to the withdrawal shall be the	52785
same as would be paid for a student who voluntarily withdrew from	52786
the college at the same time in the term. If the withdrawal	52787
results in the college's receiving no reimbursement, the college	52788
may require the student to return or pay for the textbooks and	52789
materials it provided the student free of charge under section	52790
3365.08 of the Revised Code.	52791

(C) When a student who elected the option of division (B) of	52792
section 3365.04 of the Revised Code is expelled under division (B)	52793
of section 3313.66 of the Revised Code from a school district,	52794
community school, or STEM school that has adopted a policy under	52795
section 3313.613 of the Revised Code, that election is	52796
automatically revoked for all college courses in which the student	52797
is enrolled during the college term in which the expulsion is	52798
imposed. Any reimbursement under section 3365.07 of the Revised	52799
Code or through alternative funding agreements entered into under	52800
rules adopted under section 3365.12 of the Revised Code for the	52801
student's attendance prior to the expulsion shall be the same as	52802
would be paid for a student who voluntarily withdrew from the	52803
college at the same time in the term. If the revocation results	52804
in the college's receiving no reimbursement, the college may	52805
require the student to return or pay for the textbooks and	52806
materials it provided the student free of charge under section	52807
3365.08 of the Revised Code.	52808

No later than five days after receiving an expulsion notice	52809
from the superintendent of a district, the governing authority of	52810
a community school, or the chief administrative officer of a STEM	52811
school that has adopted a policy under section 3313.613 of the	52812
Revised Code, the college shall send a written notice to the	52813
expelled student that the student's election of division (B) of	52814
section 3365.04 of the Revised Code is revoked. If the college	52815
elects not to withdraw its acceptance of the student, the student	52816
shall pay all applicable tuition and fees for the college courses	52817
and shall pay for the textbooks and materials that the college	52818
provided under section 3365.08 of the Revised Code.	52819

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	52820
the Revised Code shall specify a method for each of the following:	52821

(1) Determining, with respect to any participant, the	52822
percentage of a full-time educational program constituted by the	52823
participant's total educational program. That percentage shall be	52824
the participant's full-time equivalency percentage for purposes of	52825
the computation required by division (B)(1) of this section.	52826

(2) In the case of a participant who is not enrolled in a	52827
participating nonpublic school, determining the percentage of a	52828
participant's school day during which the participant is	52829
participating in each of the following:	52830

(a) Programs provided by the city, local, or exempted village	52831
school district, a community school, or a STEM school;	52832

(b) Programs provided by a joint vocational school district;

52833

(c) Programs provided by a college under division (B) of	52834
section 3365.04 of the Revised Code.	52835

The sum of divisions (A)(2)(a) to (c) of this section shall equal	52836
one hundred per cent.	52837

(3) In the case of a participant who is not enrolled in a	52838
participating nonpublic school, determining the percentage of a	52839
participant's enrollment that shall be deemed to be enrollment in	52840
a joint vocational school district and the percentage that shall	52841
be deemed to be enrollment in a city, local, or exempted village	52842
school district. The sum of such percentages shall equal one	52843
hundred per cent.	52844

(4) In the case of a participant who is enrolled in a	52845
participating nonpublic school, determining the percentage of a	52846
participant's school day during which the participant is	52847
participating in programs provided by a college under division (B)	52848
of section 3365.04 of the Revised Code.	52849

(B) Each July, unless provided otherwise in an alternative	52850
funding agreement entered into under rules adopted under section	52851
3365.12 of the Revised Code, the department of education shall pay	52852
each college for any participant enrolled in the college in the	52853
prior school year under division (B) of section 3365.04 of the	52854
Revised Code an amount computed as follows:	52855

(1) Multiply the tuition base by the participant's full-time	52856
equivalency percentage and multiply the resulting amount by a	52857
percentage equal to the percentage of the participant's school day	52858
apportioned to the college under division (A)(2)(c) or (4) of this	52859
section, as applicable.	52860

(2) Pay the college the lesser of:

52861

(a) The amount computed under division (B)(1) of this	52862
section;	52863

(b) The actual costs that would have been the responsibility	52864
of the participant had the participant elected to enroll under	52865
division (A) of section 3365.04 of the Revised Code, as verified	52866
by the department, of tuition, textbooks, materials, and fees	52867
directly related to any courses elected by the participant during	52868
the prior school year under division (B) of section 3365.04 of the	52869
Revised Code.	52870

(C) The department shall not reimburse any college for any	52871
course taken by a participant under division (A) of section	52872
3365.04 of the Revised Code.	52873

(D) If the participant was not enrolled in a participating	52874
nonpublic school, the amount paid under division (B) of this	52875
section for each participant shall be subtracted from the school	52876
foundation payments made to the participant's school district or,	52877
if the participant was enrolled in a community school or a STEM	52878
school, from the payments made to the participant's school under	52879
section 3314.08 or 3326.33 of the Revised Code. If the	52880
participant was enrolled in a joint vocational school district, a	52881
portion of the amount shall be subtracted from the payments to	52882
the joint vocational school district and a portion shall be	52883
subtracted from the payments to the participant's city, local, or	52884
exempted village school district. The amount of the payment	52885
subtracted from the city, local, or exempted village school	52886
district shall be computed as follows:	52887

(1) Add the following:

52888

(a) The percentage of the participant's enrollment in the	52889
school district, determined under division (A)(3) of this section;	52890
and	52891

(b) Twenty-five per cent times the percentage of the	52892
participant's enrollment in the joint vocational school district,	52893
determined under division (A)(3) of this section.	52894

(2) Multiply the sum obtained under division (D)(1) of this	52895
section by the amount computed under division (B)(2) of this	52896
section.	52897

The balance of the payment shall be subtracted from the joint	52898
vocational district's school foundation payments.	52899

(E) If the participant was enrolled in a participating	52900
nonpublic school, the amount paid under division (B) of this	52901
section shall be subtracted from moneys set aside by the general	52902
assembly for such purpose from funds appropriated for the purposes	52903
of section 3317.06 of the Revised Code.	52904

Sec. 3365.08. (A) A college that expects to receive or	52905
receives reimbursement under section 3365.07 of the Revised Code	52906
or through alternative funding agreements entered into under rules	52907
adopted under section 3365.12 of the Revised Code shall furnish to	52908
a participant all textbooks and materials directly related to a	52909
course taken by the participant under division (B) of section	52910
3365.04 of the Revised Code. No college shall charge such	52911
participant for tuition, textbooks, materials, or other fees	52912
directly related to any such course.	52913

(B) No student enrolled under this chapter in a course for	52914
which credit toward high school graduation is awarded shall	52915
receive direct financial aid through any state or federal program.	52916

(C) If a school district provides transportation for resident	52917
school students in grades eleven and twelve under section 3327.01	52918
of the Revised Code, a parent of a pupil enrolled in a course	52919
under division (A)(2) or (B) of section 3365.04 of the Revised	52920
Code may apply to the board of education for full or partial	52921
reimbursement for the necessary costs of transporting the student	52922
between the secondary school the student attends and the college	52923
in which the student is enrolled. Reimbursement may be paid solely	52924
from funds received by the district under ~~division (D) of~~ section	52925
~~3317.022~~3306.12 of the Revised Code. The state board of education	52926
shall establish guidelines, based on financial need, under which a	52927
district may provide such reimbursement.	52928

(D) If a community school provides or arranges transportation	52929
for its pupils in grades nine through twelve under section	52930
3314.091 of the Revised Code, a parent of a pupil of the community	52931
school who is enrolled in a course under division (A)(2) or (B) of	52932
section 3365.04 of the Revised Code may apply to the governing	52933
authority of the community school for full or partial	52934
reimbursement of the necessary costs of transporting the student	52935
between the community school and the college. The governing	52936
authority may pay the reimbursement in accordance with the state	52937
board's rules adopted under division (C) of this section solely	52938
from funds paid to it under section 3314.091 of the Revised Code.	52939

Sec. 3365.09. Section 3365.07 ~~and~~, divisions (A) and (C) of	52940
section 3365.08, and agreements entered into under rules adopted	52941
under section 3365.12 of the Revised Code do not apply to any	52942
college course in which a student is enrolled if during the term	52943
such student is enrolled in the college course the student is	52944
also a full-time student in the student's district, community	52945
school, STEM school, or nonpublic school. The rules adopted under	52946
section 3365.02 of the Revised Code shall prescribe a method for	52947
determining whether a student is enrolled full-time in the	52948
student's district, community school, STEM school, or nonpublic	52949
school.	52950

Sec. 3365.10. As used in this section, the "base amount" for	52951
any school year is one million dollars. "Full-time equivalency	52952
percentage" and "percentage of the school day" enrolled in college	52953
shall be determined under the rules described by divisions (A)(1)	52954
and (4) of section 3365.07 of the Revised Code or the rules	52955
adopted under section 3365.12 of the Revised Code.	52956

(A) Each nonpublic school student who wishes to become a	52957
participant in any school year shall send to the department of	52958
education a copy of ~~his~~the student's acceptance from a college	52959
and an application. The application shall be made on forms	52960
provided by the state board and shall include information about	52961
the student's proposed participation, including the school year in	52962
which hethe student wishes to participate; the semesters or terms	52963
the student wishes to enroll during such year; the student's	52964
expected full-time equivalency percentage for each such semester	52965
or term; and the percentage of the school day each such semester	52966
or term that the student expects to be enrolled in programs	52967
provided by a college under division (B) of section 3365.04 of the	52968
Revised Code. The department shall mark each application with the	52969
date and time of receipt.	52970

(B) Calculations involving applications under this division	52971
shall be made in the order in which the applications are received.	52972

Upon receipt of an application under division (A) of this	52973
section, the department shall calculate the amount the college	52974
would be paid under division (B) of section 3365.07 of the Revised	52975
Code or through alternative funding agreements entered into under	52976
rules adopted under section 3365.12 of the Revised Code for the	52977
student's expected participation. ~~The~~For calculations made under	52978
division (B) of section 3365.07 of the Revised Code, the	52979
department shall subtract each such calculated amount from the	52980
base amount for that year, or the amount remaining for that year	52981
after the subtraction from the base amount of amounts previously	52982
calculated under this division as a result of prior applications	52983
for participation in that year, whichever is the lesser amount.	52984

(C) If such a subtraction under division (B) of this section	52985
results in a positive number, the department shall notify the	52986
applicant within three weeks of the receipt of ~~his~~the application	52987
that hesuch applicant may participate in the post-secondary	52988
enrollment options program to the extent indicated in the	52989
application.	52990

(D) If such a subtraction under division (B) of this section	52991
results in a negative number, the department shall, within one	52992
week of the receipt of such application, notify the applicant, the	52993
applicant's nonpublic school, and the college accepting the	52994
applicant that funds will not be available for the applicant's	52995
participation in the program during the year for which the	52996
application was made. The department shall also notify all	52997
applicants whose applications for that year are subsequently	52998
received, their nonpublic schools, and the colleges accepting them	52999
of the same fact.	53000

(E) No applicant receiving notification under division (D) of	53001
this section may become a participant under division (B) of	53002
section 3365.04 of the Revised Code for the year for which hethe	53003
applicant applied and no college shall be paid under division (B)	53004
of section 3365.07 of the Revised Code or through alternative	53005
funding agreements entered into under rules adopted under section	53006
3365.12 of the Revised Code for participation by any such	53007
applicant in such year.	53008

Sec. 3365.12. The superintendent of public instruction and	53009
the chancellor of the Ohio board of regents jointly may adopt	53010
rules in accordance with Chapter 119. of the Revised Code	53011
permitting a board of education of a school district or joint	53012
vocational school district, governing authority of a community	53013
school, governing body of a STEM school, or governing authority of	53014
a participating nonpublic school to enter into an agreement with a	53015
college or university to use an alternate funding formula to	53016
calculate, or an alternate method to transmit, the amount the	53017
college or university would be paid for a student participating in	53018
a program under this chapter, including the program known as	53019
seniors to sophomores.	53020

Rules adopted under this section may include, but need not be	53021
limited to, any of the following alternative funding options:	53022

(A) Direct payment of funds necessary to support students	53023
participating in a program under this chapter, including the	53024
seniors to sophomores program, by the school district, joint	53025
vocational school district, community school, STEM school, or any	53026
combination thereof, to the college or university in which the	53027
student enrolled;	53028

(B) Alternate funding formulas to calculate the amount of	53029
money to be paid to colleges for participants;	53030

(C) A negotiated amount to be paid, as agreed by the school	53031
district, joint vocational school district, community school, or	53032
STEM school and the college or university.	53033

Sec. 3375.79. There is hereby created in the state treasury	53034
the Bill and Melinda Gates foundation grant fund consisting of	53035
Bill and Melinda Gates foundation grants awarded to the state	53036
library of Ohio. The state library board shall use the fund for	53037
the improvement of public library services, interlibrary	53038
cooperation, or other library purposes. All investment earnings of	53039
the fund shall be credited to the fund.	53040

Sec. 3501.17. (A) The expenses of the board of elections	53041
shall be paid from the county treasury, in pursuance of	53042
appropriations by the board of county commissioners, in the same	53043
manner as other county expenses are paid. If the board of county	53044
commissioners fails to appropriate an amount sufficient to provide	53045
for the necessary and proper expenses of the board of elections	53046
pertaining to the conduct of elections, the board of elections	53047
may apply to the court of common pleas within the county, which	53048
shall fix the amount necessary to be appropriated and the amount	53049
shall be appropriated. Payments shall be made upon vouchers of the	53050
board of elections certified to by its chairperson or acting	53051
chairperson and the director or deputy director, upon warrants of	53052
the county auditor.	53053

The board of elections shall not incur any obligation	53054
involving the expenditure of money unless there are moneys	53055
sufficient in the funds appropriated therefor to meet the	53056
obligation. If the board of elections requests a transfer of funds	53057
from one of its appropriation items to another, the board of	53058
county commissioners shall adopt a resolution providing for the	53059
transfer except as otherwise provided in section 5705.40 of the	53060
Revised Code. The expenses of the board of elections shall be	53061
apportioned among the county and the various subdivisions as	53062
provided in this section, and the amount chargeable to each	53063
subdivision shall be withheld by the auditor from the moneys	53064
payable thereto at the time of the next tax settlement. At the	53065
time of submitting budget estimates in each year, the board of	53066
elections shall submit to the taxing authority of each	53067
subdivision, upon the request of the subdivision, an estimate of	53068
the amount to be withheld from the subdivision during the next	53069
fiscal year.	53070

(B) Except as otherwise provided in division (F) of this	53071
section, the compensation of the members of the board of	53072
elections and of the director, deputy director, and regular	53073
employees in the board's offices, other than compensation for	53074
overtime worked; the expenditures for the rental, furnishing, and	53075
equipping of the office of the board and for the necessary office	53076
supplies for the use of the board; the expenditures for the	53077
acquisition, repair, care, and custody of the polling places,	53078
booths, guardrails, and other equipment for polling places; the	53079
cost of tally sheets, maps, flags, ballot boxes, and all other	53080
permanent records and equipment; the cost of all elections held	53081
in and for the state and county; and all other expenses of the	53082
board which are not chargeable to a political subdivision in	53083
accordance with this section shall be paid in the same manner as	53084
other county expenses are paid.	53085

(C) The compensation of judges of elections and intermittent	53086
employees in the board's offices; the cost of renting, moving,	53087
heating, and lighting polling places and of placing and removing	53088
ballot boxes and other fixtures and equipment thereof, including	53089
voting machines, marking devices, and automatic tabulating	53090
equipment; the cost of printing and delivering ballots, cards of	53091
instructions, registration lists required under section 3503.23	53092
of the Revised Code, and other election supplies, including the	53093
supplies required to comply with division (H) of section 3506.01	53094
of the Revised Code; the cost of contractors engaged by the board	53095
to prepare, program, test, and operate voting machines, marking	53096
devices, and automatic tabulating equipment; and all other	53097
expenses of conducting primaries and elections in the odd-numbered	53098
years shall be charged to the subdivisions in and for which such	53099
primaries or elections are held. The charge for each primary or	53100
general election in odd-numbered years for each subdivision shall	53101
be determined in the following manner: first, the total cost of	53102
all chargeable items used in conducting such elections shall be	53103
ascertained; second, the total charge shall be divided by the	53104
number of precincts participating in such election, in order to	53105
fix the cost per precinct; third, the cost per precinct shall be	53106
prorated by the board of elections to the subdivisions conducting	53107
elections for the nomination or election of offices in such	53108
precinct; fourth, the total cost for each subdivision shall be	53109
determined by adding the charges prorated to it in each precinct	53110
within the subdivision.	53111

(D) The entire cost of special elections held on a day other	53112
than the day of a primary or general election, both in	53113
odd-numbered or in even-numbered years, shall be charged to the	53114
subdivision. Where a special election is held on the same day as a	53115
primary or general election in an even-numbered year, the	53116
subdivision submitting the special election shall be charged only	53117
for the cost of ballots and advertising. Where a special election	53118
is held on the same day as a primary or general election in an	53119
odd-numbered year, the subdivision submitting the special election	53120
shall be charged for the cost of ballots and advertising for such	53121
special election, in addition to the charges prorated to such	53122
subdivision for the election or nomination of candidates in each	53123
precinct within the subdivision, as set forth in the preceding	53124
paragraph.	53125

(E) Where a special election is held on the day specified by	53126
division (E) of section 3501.01 of the Revised Code for the	53127
holding of a primary election, for the purpose of submitting to	53128
the voters of the state constitutional amendments proposed by the	53129
general assembly, and a subdivision conducts a special election on	53130
the same day, the entire cost of the special election shall be	53131
divided proportionally between the state and the subdivision based	53132
upon a ratio determined by the number of issues placed on the	53133
ballot by each, except as otherwise provided in division (G) of	53134
this section. Such proportional division of cost shall be made	53135
only to the extent funds are available for such purpose from	53136
amounts appropriated by the general assembly to the secretary of	53137
state. If a primary election is also being conducted in the	53138
subdivision, the costs shall be apportioned as otherwise provided	53139
in this section.	53140

(F) When a precinct is open during a general, primary, or	53141
special election solely for the purpose of submitting to the	53142
voters a statewide ballot issue, the state shall bear the entire	53143
cost of the election in that precinct and shall reimburse the	53144
county for all expenses incurred in opening the precinct.	53145

(G)(1) The state shall bear the entire cost of advertising in	53146
newspapers statewide ballot issues, explanations of those issues,	53147
and arguments for or against those issues, as required by Section	53148
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	53149
and any other section of law. Appropriations made to the	53150
controlling board shall be used to reimburse the secretary of	53151
state for all expenses the secretary of state incurs for such	53152
advertising under division (G) of section 3505.062 of the	53153
Revised Code.	53154

(2) There is hereby created in the state treasury the	53155
statewide ballot advertising fund. The fund shall receive	53156
transfers approved by the controlling board, and shall be used by	53157
the secretary of state to pay the costs of advertising state	53158
ballot issues as required under division (G)(1) of this section.	53159
Any such transfers may be requested from and approved by the	53160
controlling board prior to placing the advertising, in order to	53161
facilitate timely provision of the required advertising.	53162

(H) The cost of renting, heating, and lighting registration	53163
places; the cost of the necessary books, forms, and supplies for	53164
the conduct of registration; and the cost of printing and posting	53165
precinct registration lists shall be charged to the subdivision in	53166
which such registration is held.	53167

(I) At the request of a majority of the members of the board	53168
of elections, the board of county commissioners may, by	53169
resolution, establish an elections revenue fund. Except as	53170
otherwise provided in this division, the purpose of the fund shall	53171
be to accumulate revenue withheld by or paid to the county under	53172
this section for the payment of any expense related to the duties	53173
of the board of elections specified in section 3501.11 of the	53174
Revised Code, upon approval of a majority of the members of the	53175
board of elections. The fund shall not accumulate any revenue	53176
withheld by or paid to the county under this section for the	53177
compensation of the members of the board of elections or of the	53178
director, deputy director, or other regular employees in the	53179
board's offices, other than compensation for overtime worked.	53180

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	53181
Revised Code, the board of county commissioners may, by	53182
resolution, transfer money to the elections revenue fund from any	53183
other fund of the political subdivision from which such payments	53184
lawfully may be made. Following an affirmative vote of a majority	53185
of the members of the board of elections, the board of county	53186
commissioners may, by resolution, rescind an elections revenue	53187
fund established under this division. If an elections revenue fund	53188
is rescinded, money that has accumulated in the fund shall be	53189
transferred to the county general fund.	53190

(J) As used in this section:

53191

(1) "Political subdivision" and "subdivision" mean any board	53192
of county commissioners, board of township trustees, legislative	53193
authority of a municipal corporation, board of education, or any	53194
other board, commission, district, or authority that is empowered	53195
to levy taxes or permitted to receive the proceeds of a tax levy,	53196
regardless of whether the entity receives tax settlement moneys as	53197
described in division (A) of this section;	53198

(2) "Statewide ballot issue" means any ballot issue, whether	53199
proposed by the general assembly or by initiative or referendum,	53200
that is submitted to the voters throughout the state.	53201

Sec. 3701.024. (A)(1) Under a procedure established in rules	53202
adopted under section 3701.021 of the Revised Code, the department	53203
of health shall determine the amount each county shall provide	53204
annually for the program for medically handicapped children, based	53205
on a proportion of the county's total general property tax	53206
duplicate, not to exceed one-tenth of a mill, and charge the	53207
county for any part of expenses incurred under the program for	53208
diagnostic and treatment services on behalf of medically	53209
handicapped children having legal settlement in the county that is	53210
not paid from federal funds or through the medical assistance	53211
program established under section 5111.01 of the Revised Code. The	53212
department shall not charge the county for expenses exceeding the	53213
difference between the amount determined under division (A)(1) of	53214
this section and any amounts retained under divisions (A)(2) and	53215
(3) of this section.	53216

All amounts collected by the department under division (A)(1)	53217
of this section shall be deposited into the state treasury to the	53218
credit of the medically handicapped children-county assessment	53219
fund, which is hereby created. The fund shall be used by the	53220
department to comply with sections 3701.021 to 3701.028 of the	53221
Revised Code.	53222

(2) The department, in accordance with rules adopted under	53223
section 3701.021 of the Revised Code, may allow each county to	53224
retain up to ten per cent of the amount determined under division	53225
(A)(1) of this section to provide funds to city or general health	53226
districts of the county with which the districts shall provide	53227
service coordination, public health nursing, or transportation	53228
services for medically handicapped children.	53229

(3) In addition to any amount retained under division (A)(2)	53230
of this section, the department, in accordance with rules adopted	53231
under section 3701.021 of the Revised Code, may allow counties	53232
that it determines have significant numbers of potentially	53233
eligible medically handicapped children to retain an amount equal	53234
to the difference between:	53235

(a) Twenty-five per cent of the amount determined under	53236
division (A)(1) of this section;	53237

(b) Any amount retained under division (A)(2) of this	53238
section.	53239

Counties shall use amounts retained under division (A)(3) of	53240
this section to provide funds to city or general health districts	53241
of the county with which the districts shall conduct outreach	53242
activities to increase participation in the program for medically	53243
handicapped children.	53244

(4) Prior to any increase in the millage charged to a county,	53245
the public health council shall hold a public hearing on the	53246
proposed increase and shall give notice of the hearing to each	53247
board of county commissioners that would be affected by the	53248
increase at least thirty days prior to the date set for the	53249
hearing. Any county commissioner may appear and give testimony at	53250
the hearing. Any increase in the millage any county is required to	53251
provide for the program for medically handicapped children shall	53252
be determined, and notice of the amount of the increase shall be	53253
provided to each affected board of county commissioners, no later	53254
than the first day of June of the fiscal year next preceding the	53255
fiscal year in which the increase will take effect.	53256

(B) Each board of county commissioners shall establish a	53257
medically handicapped children's fund and shall appropriate	53258
thereto an amount, determined in accordance with division (A)(1)	53259
of this section, for the county's share in providing medical,	53260
surgical, and other aid to medically handicapped children residing	53261
in such county and for the purposes specified in divisions (A)(2)	53262
and (3) of this section. Each county shall use money retained	53263
under divisions (A)(2) and (3) of this section only for the	53264
purposes specified in those divisions.	53265

Sec. 3701.0211. (A) There is hereby created the hemophilia	53266
advisory council in the department of health. The council shall	53267
consist of the following members:	53268

(1) The following nonvoting members:

53269

(a) The director of health or the director's designee;

53270

(b) The superintendent of insurance or the superintendent's	53271
designee;	53272

(c) A representative of the department of job and family	53273
services.	53274

(2) The following voting members, to be appointed by the	53275
governor with the advice and consent of the senate:	53276

(a) Two individuals authorized under Chapter 4731. of the	53277
Revised Code to practice medicine and surgery or osteopathic	53278
medicine and surgery who are currently treating patients with	53279
hemophilia or related bleeding disorders, one of whom specializes	53280
in pediatrics and one of whom specializes in the treatment of	53281
adults;	53282

(b) An individual licensed under Chapter 4723. of the Revised	53283
Code to practice nursing who is currently treating patients with	53284
hemophilia or related bleeding disorders;	53285

(c) An individual licensed under Chapter 4757. of the Revised	53286
Code as an independent social worker or social worker who is	53287
currently treating patients with hemophilia or related bleeding	53288
disorders;	53289

(d) A representative of a federally funded hemophilia	53290
treatment center;	53291

(e) A representative of a health insuring corporation that	53292
holds a certificate of authority issued under Chapter 1751. of the	53293
Revised Code or a company authorized under Chapter 3923. of the	53294
Revised Code to do the business of sickness and accident insurance	53295
in this state;	53296

(f) A representative of an Ohio chapter of the national	53297
hemophilia foundation that serves the community of persons with	53298
hemophilia and related bleeding disorders community;	53299

(g) An adult with hemophilia or caregiver of an adult with	53300
hemophilia;	53301

(h) A caregiver of a minor with hemophilia;

53302

(i) A person with a bleeding disorder other than hemophilia	53303
or caregiver of a person with a bleeding disorder other than	53304
hemophilia;	53305

(j) A person with hemophilia who is a member of the Amish	53306
sect or a health professional currently treating persons with	53307
hemophilia who are members of the Amish sect.	53308

(B) Not later than ninety days after the effective date of	53309
this section, the governor shall make initial appointments to the	53310
council. Of the initial appointments, four shall be for terms	53311
ending two years after the effective date of this section, four	53312
shall be for terms ending three years after that date, and three	53313
shall be for terms ending four years after that date. Thereafter,	53314
terms of office shall be two years, with each term ending on the	53315
same day of the same month as the term it succeeds. Each member	53316
shall hold office from the date of appointment until the end of	53317
the term for which the member was appointed. Members may be	53318
reappointed.	53319

Vacancies shall be filled in the same manner as original	53320
appointments. Any member appointed to fill a vacancy occurring	53321
prior to the expiration of the term for which the member's	53322
predecessor was appointed shall hold office for the remainder of	53323
that term. A member shall continue in office subsequent to the	53324
expiration date of the member's term until the member's successor	53325
takes office or until a period of sixty days has elapsed,	53326
whichever occurs first.	53327

(C) The voting members shall elect from among the council's	53328
members a chairperson who shall serve a one-year term. The council	53329
shall meet at the call of the chairperson, but not less than four	53330
times each year. A majority of the members of the council	53331
constitutes a quorum.	53332

(D) Members shall serve without compensation, but may be	53333
reimbursed for actual and necessary expenses incurred in the	53334
performance of their duties.	53335

(E) The council shall advise the director of health on all of	53336
the following:	53337

(1) Reviewing the impact of changes to both of the following:

53338

(a) Existing programs for persons with hemophilia and related	53339
bleeding disorders;	53340

(b) Existing policies for persons with hemophilia and	53341
related bleeding disorders.	53342

(2) Developing standards of care and standards of treatment	53343
for persons with hemophilia and related bleeding disorders;	53344

(3) Developing programs of care and programs of treatment for	53345
persons with hemophilia and related bleeding disorders, including	53346
self-administration of medication, home care, medical and dental	53347
procedures, and techniques designed to provide maximum control	53348
over bleeding episodes;	53349

(4) Reviewing data and making recommendations regarding the	53350
ability of persons with hemophilia and related bleeding disorders	53351
to obtain appropriate health insurance coverage and access to	53352
appropriate care;	53353

(5) Coordinating with other state agencies and private	53354
organizations to develop community-based initiatives to increase	53355
awareness of hemophilia and related bleeding disorders.	53356

(F) The council shall annually submit to the governor and	53357
general assembly a report with recommendations on increasing	53358
access to care and treatment and obtaining appropriate health	53359
insurance coverage for persons with hemophilia and related	53360
bleeding disorders.	53361

Sec. 3701.045. (A) The department of health, in consultation	53362
with the children's trust fund board established under section	53363
3109.15 of the Revised Code and any bodies acting as child	53364
fatality review boards on ~~the effective date of this section~~	53365
October 5, 2000, shall adopt rules in accordance with Chapter 119.	53366
of the Revised Code that establish a procedure for child fatality	53367
review boards to follow in conducting a review of the death of a	53368
child. The rules shall do all of the following:	53369

(1) Establish the format for the annual reports required by	53370
section 307.626 of the Revised Code;	53371

(2) Establish guidelines for a child fatality review board to	53372
follow in compiling statistics for annual reports so that the	53373
reports do not contain any information that would permit any	53374
person's identity to be ascertained from a report;	53375

(3) Establish guidelines for a child fatality review board to	53376
follow in creating and maintaining the comprehensive database of	53377
child deaths required by section 307.623 of the Revised Code,	53378
including provisions establishing uniform record-keeping	53379
procedures;	53380

(4) Establish guidelines for reporting child fatality review	53381
data to the department of health or a national child death review	53382
database, either of which must maintain the confidentiality of	53383
information that would permit a person's identity to be	53384
ascertained;	53385

(5) Establish guidelines, materials, and training to help	53386
educate members of child fatality review boards about the purpose	53387
of the review process and the confidentiality of the information	53388
described in section 307.629 of the Revised Code and to make them	53389
aware that such information is not a public record under section	53390
149.43 of the Revised Code.	53391

(B) On or before the thirtieth day of September of each year,	53392
the department of health and the children's trust fund board	53393
jointly shall prepare and publish a report organizing and setting	53394
forth the data from the department of health child death review	53395
database or the national child death review database, data in all	53396
the reports provided by child fatality review boards in their	53397
annual reports for the previous calendar year, and ~~recommending~~	53398
recommendations for any changes to law and policy that might	53399
prevent future deaths. The department and the children's trust	53400
fund board jointly shall provide a copy of the report to the	53401
governor, the speaker of the house of representatives, the	53402
president of the senate, the minority leaders of the house of	53403
representatives and the senate, each county or regional child	53404
fatality review board, and each county or regional family and	53405
children first council.	53406

Sec. 3701.07. (A) The public health council shall adopt	53407
rules in accordance with Chapter 119. of the Revised Code defining	53408
and classifying hospitals and dispensaries and providing for the	53409
reporting of information by hospitals and dispensaries. Except as	53410
otherwise provided in the Revised Code, the rules providing for	53411
the reporting of information shall not require inclusion of any	53412
confidential patient data or any information concerning the	53413
financial condition, income, expenses, or net worth of the	53414
facilities other than that financial information already contained	53415
in those portions of the medicare or medicaid cost report that is	53416
necessary for the department of health to certify the per diem	53417
cost under section 3701.62 of the Revised Code. The rules may	53418
require the reporting of information in the following categories:	53419

(1) Information needed to identify and classify the	53420
institution;	53421

(2) Information on facilities and type and volume of services	53422
provided by the institution;	53423

(3) The number of beds listed by category of care provided;

53424

(4) The number of licensed or certified professional	53425
employees by classification;	53426

(5) The number of births that occurred at the institution the	53427
previous calendar year;	53428

(6) Any other information that the council considers relevant	53429
to the safety of patients served by the institution.	53430

Every hospital and dispensary, public or private, annually	53431
shall register with and report to the department of health.	53432
Reports shall be submitted in the manner prescribed in rules	53433
adopted under this division.	53434

(B) Every governmental entity or private nonprofit	53435
corporation or association whose employees or representatives are	53436
defined as residents' rights advocates under divisions (E)(1) and	53437
(2) of section 3721.10 or division (A)(10) of section 3722.01 of	53438
the Revised Code shall register with the department of health on	53439
forms furnished by the director of health and shall provide such	53440
reasonable identifying information as the director may prescribe.	53441

The department shall compile a list of the governmental	53442
entities, corporations, or associations registering under this	53443
division and shall update the list annually. Copies of the list	53444
shall be made available to nursing home administrators as defined	53445
in division (C) of section 3721.10 of the Revised Code and to	53446
adult care facility managers as defined in section 3722.01 of the	53447
Revised Code.	53448

~~(C) Every governmental entity or private nonprofit~~	53449
~~corporation or association whose employees or representatives act~~	53450
~~as residents' rights advocates for community alternative homes~~	53451
~~pursuant to section 3724.08 of the Revised Code shall register~~	53452
~~with the department of health on forms furnished by the director~~	53453
~~of health and shall provide such reasonable identifying~~	53454
~~information as the director may prescribe.~~	53455

~~The department shall compile a list of the governmental~~	53456
~~entities, corporations, and associations registering under this~~	53457
~~division and shall update the list annually. Copies of the list~~	53458
~~shall be made available to operators or residence managers of~~	53459
~~community alternative homes as defined in section 3724.01 of the~~	53460
~~Revised Code.~~	53461

Sec. 3701.344. As used in this section and sections	53462
3701.345, 3701.346, and 3701.347 of the Revised Code:	53463

(A) "Private water system" means any water system for the	53464
provision of water for human consumption, if such system has fewer	53465
than fifteen service connections and does not regularly serve an	53466
average of at least twenty-five individuals daily at least sixty	53467
days out of the year. A private water system includes any well,	53468
spring, cistern, pond, or hauled water and any equipment for the	53469
collection, transportation, filtration, disinfection, treatment,	53470
or storage of such water extending from and including the source	53471
of the water to the point of discharge from any pressure tank or	53472
other storage vessel; to the point of discharge from the water	53473
pump where no pressure tank or other storage vessel is present;	53474
or, in the case of multiple service connections serving more than	53475
one dwelling, to the point of discharge from each service	53476
connection. ~~A private~~"Private water system" does not include the	53477
water service line extending from the point of discharge to a	53478
structure.	53479

(B) Notwithstanding section 3701.347 of the Revised Code and	53480
subject to division (C) of this section, rules adopted by the	53481
public health council regarding private water systems shall	53482
provide for the following:	53483

(1) Except as otherwise provided in this division, boards of	53484
health of city or general health districts shall be given the	53485
exclusive power to establish fees in accordance with section	53486
3709.09 of the Revised Code for administering and enforcing such	53487
rules. Such fees shall establish a different rate for	53488
administering and enforcing the rules relative to private water	53489
systems serving single-family dwelling houses and nonsingle-family	53490
dwelling houses. Except for an amount established by the public	53491
health council, pursuant to division (B)(5) of this section, for	53492
each new private water system installation, no portion of any fee	53493
for administering and enforcing such rules shall be returned to	53494
the department of health. If the director of health determines	53495
that a board of health of a city or general health district is	53496
unable to administer and enforce a private water system program in	53497
the district, the director shall administer and enforce such a	53498
program in the district and establish fees for such administration	53499
and enforcement.	53500

(2) Boards of health of city or general health districts	53501
shall be given the exclusive power to determine the number of	53502
inspections necessary for determining the safe drinking	53503
characteristics of a private water system.	53504

(3) Private water systems contractors, as a condition of	53505
doing business in this state, shall annually register with, and	53506
comply with surety bonding requirements of, the department of	53507
health. No such contractor shall be permitted to register if he	53508
the contractor fails to comply with all applicable rules adopted	53509
by the public health council and the board of health of the city	53510
or general health district. The annual registration fee for	53511
private water systems contractors shall be sixty-five dollars. The	53512
public health council, by rule adopted in accordance with Chapter	53513
119. of the Revised Code, may increase the annual registration	53514
fee. Before January 1, 1993, the fee shall not be increased by	53515
more than fifty per cent of the amount prescribed by this section.	53516

(4) Boards of health of city or general health districts	53517
subject to such rules of the public health council shall have the	53518
option of determining whether bacteriological examinations shall	53519
be performed at approved laboratories of the state or at approved	53520
private laboratories.	53521

(5) The public health council may establish fees for each new	53522
private water system installation, which shall be collected by the	53523
appropriate ~~city or general health district~~board of health and	53524
~~returned~~transmitted to the ~~department~~director of health	53525
pursuant to section 3709.092 of the Revised Code.	53526

(6) All fees ~~collected~~received by the director of health	53527
under divisions (B)(1), (3), and (5) of this section shall be	53528
deposited in the state treasury to the credit of the general	53529
operations fund created in section 3701.83 of the Revised Code	53530
for use in the administration and enforcement of sections	53531
3701.344 to 3701.347 of the Revised Code and the rules pertaining	53532
to private water systems adopted under those sections or section	53533
3701.34 of the Revised Code.	53534

(C) To the extent that rules adopted under division (B) of	53535
this section require health districts to follow specific	53536
procedures or use prescribed forms, no such procedure or form	53537
shall be implemented until it is approved by majority vote of an	53538
approval board of health commissioners, hereby created. Members of	53539
the board shall be the officers of the association of Ohio health	53540
commissioners, or any successor organization, and membership on	53541
the board shall be coterminous with holding an office of the	53542
association. No health district is required to follow a procedure	53543
or use a form required by a rule adopted under division (B) of	53544
this section without the approval of the board.	53545

(D) A board of health shall collect well log filing fees on	53546
behalf of the division of soil and water resources in the	53547
department of natural resources in accordance with section	53548
1521.05 of the Revised Code and rules adopted under it. The fees	53549
shall be submitted to the division quarterly as provided in those	53550
rules.	53551

Sec. 3701.611. (A) The governor shall create the help me	53552
grow advisory council in accordance with 20 U.S.C. 1441, which	53553
shall serve as the state interagency coordinating council, as	53554
described in 20 U.S.C. 1441. Members of the council shall	53555
reasonably represent the population of this state. The governor	53556
shall appoint one of its members to serve as chairperson of the	53557
council, or the governor may delegate appointment of the	53558
chairperson to the council. No member of the council representing	53559
the department of health shall serve as chairperson.	53560

(B) The council shall meet at least once in each quarter of	53561
the calendar year. The chairperson may call additional meetings if	53562
necessary.	53563

(C) A member of the council shall not vote on any matter that	53564
is likely to provide a direct financial benefit to that member or	53565
otherwise be a conflict of interest.	53566

(D) The governor may reimburse members of the council for	53567
actual and necessary expenses incurred in the performance of their	53568
official duties, including child care for the parent	53569
representatives described in 20 U.S.C. 1441(b)(1)(A). The governor	53570
also may compensate members of the council who are not employed or	53571
who must forfeit wages from other employment when performing	53572
official council business.	53573

(E) The department of health shall serve as the "lead	53574
agency," as described by 20 U.S.C. 1435(a)(10).	53575

(F) The help me grow advisory council shall do all of the	53576
following:	53577

(1) Advise and assist the department of health in the	53578
performance of the responsibilities described in 20 U.S.C.	53579
1435(a)(10), including the following:	53580

(a) Identification of the sources of fiscal and other support	53581
for services for early intervention programs;	53582

(b) Assignment of financial responsibility to the appropriate	53583
agency, in accordance with 20 U.S.C. 1437(a)(2);	53584

(c) Promotion of formal interagency agreements that define	53585
the financial responsibility of each agency for paying for early	53586
intervention services and procedures for resolving disputes;	53587

(2) Advise and assist the department of health in the	53588
preparation and amendment of applications related to the	53589
department of health's responsibilities described in 20 U.S.C.	53590
1435(a)(10);	53591

(3) Advise and assist the department of education regarding	53592
the transition of toddlers with disabilities to preschool and	53593
other appropriate services;	53594

(4) Prepare and submit an annual report to the governor,	53595
before the thirtieth day of September, on the status of early	53596
intervention programs for infants and toddlers with disabilities	53597
and their families operated within this state during the most	53598
recent fiscal year.	53599

(G) The help me grow advisory council may advise and assist	53600
the department of health and the department of education regarding	53601
the provision of appropriate services for children age five and	53602
younger. The council may advise appropriate agencies about the	53603
integration of services for infants and toddlers with	53604
disabilities, and at-risk infants and toddlers and their families,	53605
regardless of whether at-risk infants and toddlers are eligible	53606
for early intervention services.	53607

Sec. 3701.78. (A) There is hereby created the commission on	53608
minority health, consisting of ~~eighteen~~nineteen members. The	53609
governor shall appoint to the commission nine members from among	53610
health researchers, health planners, and health professionals. The	53611
speaker of the house of representatives shall appoint to the	53612
commission two members of the house of representatives, not more	53613
than one of whom is a member of the same political party, and the	53614
president of the senate shall appoint to the commission two	53615
members of the senate, not more than one of whom is a member of	53616
the same political party. The directors of health, mental health,	53617
mental retardation and developmental disabilities, alcohol and	53618
drug addiction services, and job and family services, or their	53619
designees, and the superintendent of public instruction, or the	53620
superintendent's designee, shall be members of the commission. The	53621
commission shall elect a chairperson from among its members. Of	53622
the members appointed by the governor, five shall be appointed to	53623
initial terms of one year, and four shall be appointed to initial	53624
terms of two years. Thereafter, all members appointed by the	53625
governor shall be appointed to terms of two years. All members of	53626
the commission appointed by the speaker of the house of	53627
representatives or the president of the senate shall be nonvoting	53628
members of the commission and be appointed within thirty days	53629
after the commencement of the first regular session of each	53630
general assembly, and shall serve until the expiration of the	53631
session of the general assembly during which they were appointed.	53632
Members of the commission shall serve without compensation, but	53633
shall be reimbursed for the actual and necessary expenses they	53634
incur in the performance of their official duties.	53635

(B) The commission shall promote health and the prevention of	53636
disease among members of minority groups. Each year the commission	53637
shall distribute grants from available funds to community-based	53638
health groups to be used to promote health and the prevention of	53639
disease among members of minority groups. As used in this	53640
division, "minority group" means any of the following economically	53641
disadvantaged groups: Blacks, American Indians, Hispanics, and	53642
Orientals. The commission shall adopt and maintain rules pursuant	53643
to Chapter 119. of the Revised Code to provide for the	53644
distribution of these grants. No group shall qualify to receive a	53645
grant from the commission unless it receives at least twenty per	53646
cent of its funds from sources other than grants distributed under	53647
this section.	53648

(C) The commission may appoint such employees as it considers	53649
necessary to carry out its duties under this section. The	53650
department of health shall provide office space for the	53651
commission.	53652

(D) The commission shall meet at the call of its chairperson	53653
to conduct its official business. A majority of the voting members	53654
of the commission constitute a quorum. The votes of at least eight	53655
voting members of the commission are necessary for the commission	53656
to take any official action or to approve the distribution of	53657
grants under this section.	53658

Sec. 3701.84. The department of health may prepare a plan	53659
to reduce tobacco use by Ohioans, with emphasis on reducing the	53660
use of tobacco by youth, minority and regional populations,	53661
pregnant women, and others who may be disproportionately affected	53662
by the use of tobacco. The plan may provide for periodic surveys	53663
to measure tobacco use and behavior toward tobacco use by	53664
Ohioans. If the department prepares a plan, copies of the plan	53665
shall be available to the public.	53666

The plan may also describe youth tobacco consumption	53667
prevention programs to be eligible for consideration for grants	53668
from the department and may set forth the criteria by which	53669
applications for grants for such programs will be considered by	53670
the department. Programs eligible for consideration may include:	53671

(A) Media campaigns directed to youth to prevent underage	53672
tobacco consumption;	53673

(B) School-based education programs to prevent youth tobacco	53674
consumption;	53675

(C) Community-based youth programs involving youth tobacco	53676
consumption prevention through general youth development;	53677

(D) Retailer education and compliance efforts to prevent	53678
youth tobacco consumption;	53679

(E) Mentoring programs designed to prevent or reduce tobacco	53680
use by students.	53681

Pursuant to the plan, the department may carry out, or	53682
provide funding for private or public agencies to carry out,	53683
research and programs related to tobacco use prevention and	53684
cessation. If the department provides such funding, the department	53685
shall establish an objective process to determine which research	53686
and program proposals to fund. When appropriate, proposals for	53687
research shall be peer-reviewed. No program shall be carried out	53688
or funded by the department unless there is research that	53689
indicates that the program is likely to achieve the results	53690
desired. All research and programs funded by the department shall	53691
be goal-oriented and independently and objectively evaluated	53692
annually on whether it is meeting its goals. The department shall	53693
contract for such evaluations and shall adopt rules under Chapter	53694
119. of the Revised Code regarding conflicts of interest in the	53695
research and programs it funds.	53696

The department may form a nonprofit corporation pursuant to	53697
Chapter 1702. of the Revised Code for the purpose of raising money	53698
to aid the department pursuant to this section.	53699

The department shall endeavor to coordinate its research and	53700
programs with the efforts of other agencies of this state to	53701
reduce tobacco use by Ohioans. Any state agency that conducts a	53702
survey that measures tobacco use or behavior toward tobacco use by	53703
Ohioans shall share the results of the survey with the department.	53704

The department may adopt rules under Chapter 119. of the	53705
Revised Code as necessary to implement this section.	53706

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	53707
Revised Code:	53708

(A) "Applicant" means any person that submits an application	53709
for a certificate of need and who is designated in the application	53710
as the applicant.	53711

(B) "Person" means any individual, corporation, business	53712
trust, estate, firm, partnership, association, joint stock	53713
company, insurance company, government unit, or other entity.	53714

(C) "Certificate of need" means a written approval granted by	53715
the director of health to an applicant to authorize conducting a	53716
reviewable activity.	53717

(D) "Health service area" means a geographic region	53718
designated by the director of health under section 3702.58 of the	53719
Revised Code.	53720

(E) "Health service" means a clinically related service, such	53721
as a diagnostic, treatment, rehabilitative, or preventive service.	53722

(F) "Health service agency" means an agency designated to	53723
serve a health service area in accordance with section 3702.58 of	53724
the Revised Code.	53725

(G) "Health care facility" means:

53726

(1) A hospital registered under section 3701.07 of the	53727
Revised Code;	53728

(2) A nursing home licensed under section 3721.02 of the	53729
Revised Code, or by a political subdivision certified under	53730
section 3721.09 of the Revised Code;	53731

(3) A county home or a county nursing home as defined in	53732
section 5155.31 of the Revised Code that is certified under Title	53733
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	53734
U.S.C.A. 301, as amended;	53735

(4) A freestanding dialysis center;

53736

(5) A freestanding inpatient rehabilitation facility;

53737

(6) An ambulatory surgical facility;

53738

(7) A freestanding cardiac catheterization facility;

53739

(8) A freestanding birthing center;

53740

(9) A freestanding or mobile diagnostic imaging center;

53741

(10) A freestanding radiation therapy center.

53742

A health care facility does not include the offices of	53743
private physicians and dentists whether for individual or group	53744
practice, residential facilities licensed under section 5123.19 of	53745
the Revised Code, or an institution for the sick that is operated	53746
exclusively for patients who use spiritual means for healing and	53747
for whom the acceptance of medical care is inconsistent with their	53748
religious beliefs, accredited by a national accrediting	53749
organization, exempt from federal income taxation under section	53750
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	53751
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	53752
care pursuant to the exemption in division (E) of section 4723.32	53753
of the Revised Code from the licensing requirements of Chapter	53754
4723. of the Revised Code.	53755

(H) "Medical equipment" means a single unit of medical	53756
equipment or a single system of components with related functions	53757
that is used to provide health services.	53758

(I) "Third-party payer" means a health insuring corporation	53759
licensed under Chapter 1751. of the Revised Code, a health	53760
maintenance organization as defined in division (K) of this	53761
section, an insurance company that issues sickness and accident	53762
insurance in conformity with Chapter 3923. of the Revised Code, a	53763
state-financed health insurance program under Chapter 3701.,	53764
4123., or 5111. of the Revised Code, or any self-insurance plan.	53765

(J) "Government unit" means the state and any county,	53766
municipal corporation, township, or other political subdivision of	53767
the state, or any department, division, board, or other agency of	53768
the state or a political subdivision.	53769

(K) "Health maintenance organization" means a public or	53770
private organization organized under the law of any state that is	53771
qualified under section 1310(d) of Title XIII of the "Public	53772
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	53773

(L) "Existing health care facility" means either of the	53774
following:	53775

(1) A health care facility that is licensed or otherwise	53776
authorized to operate in this state in accordance with applicable	53777
law, including a county home or a county nursing home that is	53778
certified as of February 1, 2008, under Title XVIII or Title XIX	53779
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	53780
as amended, is staffed and equipped to provide health care	53781
services, and is actively providing health services;	53782

(2) A health care facility that is licensed or otherwise	53783
authorized to operate in this state in accordance with applicable	53784
law, including a county home or a county nursing home that is	53785
certified as of February 1, 2008, under Title XVIII or Title XIX	53786
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	53787
as amended, or that has beds registered under section 3701.07 of	53788
the Revised Code as skilled nursing beds or long-term care beds	53789
and has provided services for at least three hundred sixty-five	53790
consecutive days within the twenty-four months immediately	53791
preceding the date a certificate of need application is filed with	53792
the director of health.	53793

(M) "State" means the state of Ohio, including, but not	53794
limited to, the general assembly, the supreme court, the offices	53795
of all elected state officers, and all departments, boards,	53796
offices, commissions, agencies, institutions, and other	53797
instrumentalities of the state of Ohio. "State" does not include	53798
political subdivisions.	53799

(N) "Political subdivision" means a municipal corporation,	53800
township, county, school district, and all other bodies corporate	53801
and politic responsible for governmental activities only in	53802
geographic areas smaller than that of the state to which the	53803
sovereign immunity of the state attaches.	53804

(O) "Affected person" means:

53805

(1) An applicant for a certificate of need, including an	53806
applicant whose application was reviewed comparatively with the	53807
application in question;	53808

(2) The person that requested the reviewability ruling in	53809
question;	53810

(3) Any person that resides or regularly uses health care	53811
facilities within the geographic area served or to be served by	53812
the health care services that would be provided under the	53813
certificate of need or reviewability ruling in question;	53814

(4) Any health care facility that is located in the health	53815
service area where the health care services would be provided	53816
under the certificate of need or reviewability ruling in question;	53817

(5) Third-party payers that reimburse health care facilities	53818
for services in the health service area where the health care	53819
services would be provided under the certificate of need or	53820
reviewability ruling in question;	53821

(6) Any other person who testified at a public hearing held	53822
under division (B) of section 3702.52 of the Revised Code or	53823
submitted written comments in the course of review of the	53824
certificate of need application in question.	53825

(P) "Osteopathic hospital" means a hospital registered under	53826
section 3701.07 of the Revised Code that advocates osteopathic	53827
principles and the practice and perpetuation of osteopathic	53828
medicine by doing any of the following:	53829

(1) Maintaining a department or service of osteopathic	53830
medicine or a committee on the utilization of osteopathic	53831
principles and methods, under the supervision of an osteopathic	53832
physician;	53833

(2) Maintaining an active medical staff, the majority of	53834
which is comprised of osteopathic physicians;	53835

(3) Maintaining a medical staff executive committee that has	53836
osteopathic physicians as a majority of its members.	53837

(Q) "Ambulatory surgical facility" has the same meaning as in	53838
section 3702.30 of the Revised Code.	53839

(R) ~~Except as otherwise provided in division (T) of this~~	53840
~~section, and until the termination date specified in section~~	53841
~~3702.511 of the Revised Code, "reviewable activity" means any of~~	53842
~~the following:~~	53843

~~(1) The addition by any person of any of the following health~~	53844
~~services, regardless of the amount of operating costs or capital~~	53845
~~expenditures:~~	53846

~~(a) A heart, heart-lung, lung, liver, kidney, bowel,~~	53847
~~pancreas, or bone marrow transplantation service, a stem cell~~	53848
~~harvesting and reinfusion service, or a service for~~	53849
~~transplantation of any other organ unless transplantation of the~~	53850
~~organ is designated by public health council rule not to be a~~	53851
~~reviewable activity;~~	53852

~~(b) A cardiac catheterization service;~~

53853

~~(c) An open-heart surgery service;~~

53854

~~(d) Any new, experimental medical technology that is~~	53855
~~designated by rule of the public health council.~~	53856

~~(2) The acceptance of high-risk patients, as defined in rules~~	53857
~~adopted under section 3702.57 of the Revised Code, by any cardiac~~	53858
~~catheterization service that was initiated without a certificate~~	53859
~~of need pursuant to division (R)(3)(b) of the version of this~~	53860
~~section in effect immediately prior to April 20, 1995;~~	53861

~~(3)(a) The establishment, development, or construction of a~~	53862
~~new health care facility other than a new long-term care facility~~	53863
~~or a new hospital;~~	53864

~~(b) The establishment, development, or construction of a new~~	53865
~~hospital or the relocation of an existing hospital;~~	53866

~~(c) The relocation of hospital beds, other than long-term~~	53867
~~care, perinatal, or pediatric intensive care beds, into or out of~~	53868
~~a rural area.~~	53869

~~(4)(a) The replacement of an existing hospital;~~

53870

~~(b) The replacement of an existing hospital obstetric or~~	53871
~~newborn care unit or freestanding birthing center.~~	53872

~~(5)(a) The renovation of a hospital that involves a capital~~	53873
~~expenditure, obligated on or after June 30, 1995, of five million~~	53874
~~dollars or more, not including expenditures for equipment,~~	53875
~~staffing, or operational costs. For purposes of division (R)(5)(a)~~	53876
~~of this section, a capital expenditure is obligated:~~	53877

~~(i) When a contract enforceable under Ohio law is entered~~	53878
~~into for the construction, acquisition, lease, or financing of a~~	53879
~~capital asset;~~	53880

~~(ii) When the governing body of a hospital takes formal~~	53881
~~action to commit its own funds for a construction project~~	53882
~~undertaken by the hospital as its own contractor;~~	53883

~~(iii) In the case of donated property, on the date the gift~~	53884
~~is completed under applicable Ohio law.~~	53885

~~(b) The renovation of a hospital obstetric or newborn care~~	53886
~~unit or freestanding birthing center that involves a capital~~	53887
~~expenditure of five million dollars or more, not including~~	53888
~~expenditures for equipment, staffing, or operational costs.~~	53889

~~(6) Any change in the health care services, bed capacity, or~~	53890
~~site, or any other failure to conduct the reviewable activity in~~	53891
~~substantial accordance with the approved application for which a~~	53892
~~certificate of need was granted, if the change is made prior to~~	53893
~~the date the activity for which the certificate was issued ceases~~	53894
~~to be a reviewable activity;~~	53895

~~(7) Any of the following changes in perinatal bed capacity or~~	53896
~~pediatric intensive care bed capacity:~~	53897

~~(a) An increase in bed capacity;~~

53898

~~(b) A change in service or service-level designation of~~	53899
~~newborn care beds or obstetric beds in a hospital or freestanding~~	53900
~~birthing center, other than a change of service that is provided~~	53901
~~within the service-level designation of newborn care or obstetric~~	53902
~~beds as registered by the department of health;~~	53903

~~(c) A relocation of perinatal or pediatric intensive care~~	53904
~~beds from one physical facility or site to another, excluding the~~	53905
~~relocation of beds within a hospital or freestanding birthing~~	53906
~~center or the relocation of beds among buildings of a hospital or~~	53907
~~freestanding birthing center at the same site.~~	53908

~~(8) The expenditure of more than one hundred ten per cent of~~	53909
~~the maximum expenditure specified in a certificate of need;~~	53910

~~(9) Any transfer of a certificate of need issued prior to~~	53911
~~April 20, 1995, from the person to whom it was issued to another~~	53912
~~person before the project that constitutes a reviewable activity~~	53913
~~is completed, any agreement that contemplates the transfer of a~~	53914
~~certificate of need issued prior to that date upon completion of~~	53915
~~the project, and any transfer of the controlling interest in an~~	53916
~~entity that holds a certificate of need issued prior to that date.~~	53917
~~However, the transfer of a certificate of need issued prior to~~	53918
~~that date or agreement to transfer such a certificate of need from~~	53919
~~the person to whom the certificate of need was issued to an~~	53920
~~affiliated or related person does not constitute a reviewable~~	53921
~~transfer of a certificate of need for the purposes of this~~	53922
~~division, unless the transfer results in a change in the person~~	53923
~~that holds the ultimate controlling interest in the certificate of~~	53924
~~need.~~	53925

~~(10)(a) The acquisition by any person of any of the following~~	53926
~~medical equipment, regardless of the amount of operating costs or~~	53927
~~capital expenditure:~~	53928

~~(i) A cobalt radiation therapy unit;~~

53929

~~(ii) A linear accelerator;~~

53930

~~(iii) A gamma knife unit.~~

53931

~~(b) The acquisition by any person of medical equipment with a~~	53932
~~cost of two million dollars or more. The cost of acquiring medical~~	53933
~~equipment includes the sum of the following:~~	53934

~~(i) The greater of its fair market value or the cost of its~~	53935
~~lease or purchase;~~	53936

~~(ii) The cost of installation and any other activities~~	53937
~~essential to the acquisition of the equipment and its placement~~	53938
~~into service.~~	53939

~~(11) The addition of another cardiac catheterization~~	53940
~~laboratory to an existing cardiac catheterization service.~~	53941

~~(S)~~ Except as provided in division ~~(T)~~(S) of this section,	53942
"reviewable activity" ~~also~~ means any of the following activities,	53943
~~none of which are subject to a termination date~~:	53944

(1) The establishment, development, or construction of a new	53945
long-term care facility;	53946

(2) The replacement of an existing long-term care facility;

53947

(3) The renovation of a long-term care facility that involves	53948
a capital expenditure of two million dollars or more, not	53949
including expenditures for equipment, staffing, or operational	53950
costs;	53951

(4) ~~Any~~Either of the following changes in long-term care bed	53952
capacity:	53953

(a) An increase in bed capacity;

53954

(b) A relocation of beds from one physical facility or site	53955
to another, excluding the relocation of beds within a long-term	53956
care facility or among buildings of a long-term care facility at	53957
the same site;	53958

~~(c) A recategorization of hospital beds registered under~~	53959
~~section 3701.07 of the Revised Code from another registration~~	53960
~~category to skilled nursing beds or long-term care beds~~.	53961

(5) Any change in the health services, bed capacity, or site,	53962
or any other failure to conduct the reviewable activity in	53963
substantial accordance with the approved application for which a	53964
certificate of need concerning long-term care beds was granted, if	53965
the change is made within five years after the implementation of	53966
the reviewable activity for which the certificate was granted;	53967

(6) The expenditure of more than one hundred ten per cent of	53968
the maximum expenditure specified in a certificate of need	53969
concerning long-term care beds;	53970

~~(7) Any transfer of a certificate of need that concerns~~	53971
~~long-term care beds and was issued prior to April 20, 1995, from~~	53972
~~the person to whom it was issued to another person before the~~	53973
~~project that constitutes a reviewable activity is completed, any~~	53974
~~agreement that contemplates the transfer of such a certificate of~~	53975
~~need upon completion of the project, and any transfer of the~~	53976
~~controlling interest in an entity that holds such a certificate of~~	53977
~~need. However, the transfer of a certificate of need that concerns~~	53978
~~long-term care beds and was issued prior to April 20, 1995, or~~	53979
~~agreement to transfer such a certificate of need from the person~~	53980
~~to whom the certificate was issued to an affiliated or related~~	53981
~~person does not constitute a reviewable transfer of a certificate~~	53982
~~of need for purposes of this division, unless the transfer results~~	53983
~~in a change in the person that holds the ultimate controlling~~	53984
~~interest in the certificate of need~~.	53985

~~(T)~~(S) "Reviewable activity" does not include any of the	53986
following activities:	53987

(1) Acquisition of computer hardware or software;

53988

(2) Acquisition of a telephone system;

53989

(3) Construction or acquisition of parking facilities;

53990

(4) Correction of cited deficiencies that are in violation of	53991
federal, state, or local fire, building, or safety laws and rules	53992
and that constitute an imminent threat to public health or safety;	53993

(5) Acquisition of an existing health care facility that does	53994
not involve a change in the number of the beds, by service, or in	53995
the number or type of health services;	53996

(6) Correction of cited deficiencies identified by	53997
accreditation surveys of the joint commission on accreditation of	53998
healthcare organizations or of the American osteopathic	53999
association;	54000

(7) Acquisition of medical equipment to replace the same or	54001
similar equipment for which a certificate of need has been issued	54002
if the replaced equipment is removed from service;	54003

(8) Mergers, consolidations, or other corporate	54004
reorganizations of health care facilities that do not involve a	54005
change in the number of beds, by service, or in the number or type	54006
of health services;	54007

(9) Construction, repair, or renovation of bathroom	54008
facilities;	54009

(10) Construction of laundry facilities, waste disposal	54010
facilities, dietary department projects, heating and air	54011
conditioning projects, administrative offices, and portions of	54012
medical office buildings used exclusively for physician services;	54013

(11) Acquisition of medical equipment to conduct research	54014
required by the United States food and drug administration or	54015
clinical trials sponsored by the national institute of health. Use	54016
of medical equipment that was acquired without a certificate of	54017
need under division ~~(T)~~(S)(11) of this section and for which	54018
premarket approval has been granted by the United States food and	54019
drug administration to provide services for which patients or	54020
reimbursement entities will be charged shall be a reviewable	54021
activity.	54022

(12) Removal of asbestos from a health care facility.

54023

Only that portion of a project that meets the requirements of	54024
this division ~~(T) of this section~~ is not a reviewable activity.	54025

~~(U)~~(T) "Small rural hospital" means a hospital that is	54026
located within a rural area, has fewer than one hundred beds, and	54027
to which fewer than four thousand persons were admitted during the	54028
most recent calendar year.	54029

~~(V)~~(U) "Children's hospital" means any of the following:

54030

(1) A hospital registered under section 3701.07 of the	54031
Revised Code that provides general pediatric medical and surgical	54032
care, and in which at least seventy-five per cent of annual	54033
inpatient discharges for the preceding two calendar years were	54034
individuals less than eighteen years of age;	54035

(2) A distinct portion of a hospital registered under section	54036
3701.07 of the Revised Code that provides general pediatric	54037
medical and surgical care, has a total of at least one hundred	54038
fifty registered pediatric special care and pediatric acute care	54039
beds, and in which at least seventy-five per cent of annual	54040
inpatient discharges for the preceding two calendar years were	54041
individuals less than eighteen years of age;	54042

(3) A distinct portion of a hospital, if the hospital is	54043
registered under section 3701.07 of the Revised Code as a	54044
children's hospital and the children's hospital meets all the	54045
requirements of division ~~(V)~~(U)(1) of this section.	54046

~~(W)~~(V) "Long-term care facility" means any of the following:

54047

(1) A nursing home licensed under section 3721.02 of the	54048
Revised Code or by a political subdivision certified under section	54049
3721.09 of the Revised Code;	54050

(2) The portion of any facility, including a county home or	54051
county nursing home, that is certified as a skilled nursing	54052
facility or a nursing facility under Title XVIII or XIX of the	54053
"Social Security Act";	54054

(3) The portion of any hospital that contains beds registered	54055
under section 3701.07 of the Revised Code as skilled nursing beds	54056
or long-term care beds.	54057

~~(X)~~(W) "Long-term care bed" means a bed in a long-term care	54058
facility.	54059

~~(Y) "Perinatal bed" means a bed in a hospital that is~~	54060
~~registered under section 3701.07 of the Revised Code as a newborn~~	54061
~~care bed or obstetric bed, or a bed in a freestanding birthing~~	54062
~~center.~~	54063

~~(Z)~~(X) "Freestanding birthing center" means any facility in	54064
which deliveries routinely occur, regardless of whether the	54065
facility is located on the campus of another health care facility,	54066
and which is not licensed under Chapter 3711. of the Revised Code	54067
as a level one, two, or three maternity unit or a limited	54068
maternity unit.	54069

~~(AA)~~(Y)(1) "Reviewability ruling" means a ruling issued by	54070
the director of health under division (A) of section 3702.52 of	54071
the Revised Code as to whether a particular proposed project is or	54072
is not a reviewable activity.	54073

(2) "Nonreviewability ruling" means a ruling issued under	54074
that division that a particular proposed project is not a	54075
reviewable activity.	54076

~~(BB)~~(Z)(1) "Metropolitan statistical area" means an area of	54077
this state designated a metropolitan statistical area or primary	54078
metropolitan statistical area in United States office of	54079
management and budget bulletin no. 93-17, June 30, 1993, and its	54080
attachments.	54081

(2) "Rural area" means any area of this state not located	54082
within a metropolitan statistical area.	54083

~~(CC)~~(AA) "County nursing home" has the same meaning as in	54084
section 5155.31 of the Revised Code.	54085

Sec. 3702.52. The director of health shall administer a	54086
state certificate of need program in accordance with sections	54087
3702.51 to 3702.62 of the Revised Code and rules adopted under	54088
those sections.	54089

(A) The director shall issue rulings on whether a particular	54090
proposed project is a reviewable activity. The director shall	54091
issue a ruling not later than forty-five days after receiving a	54092
request for a ruling accompanied by the information needed to make	54093
the ruling. If the director does not issue a ruling in that time,	54094
the project shall be considered to have been ruled not a	54095
reviewable activity.	54096

(B) The director shall review applications for certificates	54097
of need. Each application shall be submitted to the director on	54098
forms prescribed by the director, shall include all information	54099
required by rules adopted under division (B) of section 3702.57 of	54100
the Revised Code, and shall be accompanied by the application fee	54101
established in rules adopted under division (G) of that section.	54102

Application fees received by the director under this division	54103
shall be deposited into the state treasury to the credit of the	54104
certificate of need fund, which is hereby created. The director	54105
shall use the fund only to pay the costs of administering sections	54106
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised	54107
Code and rules adopted under those sections.	54108

The director shall mail to the applicant a written notice	54109
that the application meets the criteria for a complete application	54110
specified in rules adopted under section 3702.57 of the Revised	54111
Code, or a written request for additional information, not later	54112
than thirty days after receiving an application or a response to	54113
an earlier request for information. The director shall not make	54114
more than two requests for additional information.	54115

The director may conduct a public informational hearing in	54116
the course of reviewing any application for a certificate of need,	54117
and shall conduct one if requested to do so by any affected person	54118
not later than fifteen days after the director mails the notice	54119
that the application is complete. The hearing shall be conducted	54120
in the community in which the activities authorized by the	54121
certificate of need would be carried out. Any affected person may	54122
testify at the hearing. The director may, with the health service	54123
agency's consent, designate a health service agency to conduct the	54124
hearing.	54125

Except during a public hearing or as necessary to comply with	54126
a subpoena issued under division ~~(F)~~(E) of this section, after a	54127
notice of completeness has been received, no person shall make	54128
revisions to information that was submitted to the director before	54129
the director mailed the notice of completeness or knowingly	54130
discuss in person or by telephone the merits of the application	54131
with the director. A person may supplement an application after a	54132
notice of completeness has been received by submitting clarifying	54133
information to the director. If one or more persons request a	54134
meeting in person or by telephone, the director shall make a	54135
reasonable effort to invite interested parties to the meeting or	54136
conference call.	54137

(C) All of the following apply to the process of granting or	54138
denying a certificate of need:	54139

(1) If the project proposed in a certificate of need	54140
application meets all of the applicable certificate of need	54141
criteria for approval under sections 3702.51 to 3702.62 of the	54142
Revised Code and the rules adopted under those sections, the	54143
director shall grant a certificate of need for all or part of the	54144
~~entire~~ project that is the subject of the application ~~immediately~~	54145
~~after both of the following conditions are met:~~	54146

~~(a) The board of trustees of the health service agency of the~~	54147
~~health service area in which the reviewable activity is proposed~~	54148
~~to be conducted recommends, prior to the deadline specified in~~	54149
~~division (C)(4) of this section or any extension of it under~~	54150
~~division (C)(5) of this section, that the certificate of need be~~	54151
~~granted;~~	54152

~~(b) The director does not receive any written objections to~~	54153
~~the application from any affected person by the thirtieth day~~	54154
~~after the director mails the notice of completeness~~by the	54155
applicable deadline specified in division (C)(4) of this section	54156
or any extension of it under division (C)(5) of this section.	54157

(2) ~~In the case of certificate of need applications under~~	54158
~~comparative review, if the projects proposed in the applications~~	54159
~~meet all of the applicable certificate of need criteria for~~	54160
~~approval under sections 3702.51 to 3702.62 of the Revised Code and~~	54161
~~the rules adopted under those sections, the director shall grant~~	54162
~~certificates of need for the entire projects that are the subject~~	54163
~~of the applications immediately after both of the following~~	54164
~~conditions are met:~~	54165

~~(a) The board of trustees of the health service agency of~~	54166
~~each health service area in which the reviewable activities are~~	54167
~~proposed to be conducted recommends, prior to the deadline~~	54168
~~specified in division (C)(4) of this section or any extension of~~	54169
~~it under division (C)(5) of this section, that certificates of~~	54170
~~need be granted for each of the reviewable activities to be~~	54171
~~conducted in its health service area;~~	54172

~~(b) The director does not receive any written objections to~~	54173
~~any of the applications from any affected person by the thirtieth~~	54174
~~day after the director mails the last notice of completeness.~~	54175

~~The~~The director's grant of a certificate of need ~~under~~	54176
~~division (C)(1) or (2) of this section~~ does not affect, and sets	54177
no precedent for, the director's decision to grant or deny other	54178
applications for similar reviewable activities proposed to be	54179
conducted in the same or different health service areas.	54180

(3) If the director receives written objections to an	54181
application from any affected person by the thirtieth day after	54182
mailing the notice of completeness, ~~regardless of the health~~	54183
~~service agency's recommendation,~~ the director shall notify the	54184
applicant and assign a hearing examiner to conduct an	54185
adjudication hearing concerning the application in accordance	54186
with Chapter 119. of the Revised Code. In the case of	54187
applications under comparative review, if the director receives	54188
written objections to any of the applications from any affected	54189
person by the thirtieth day after the director mails the last	54190
notice of completeness, ~~regardless of the health service agencies'~~	54191
~~recommendation,~~ the director shall notify all of the applicants	54192
and appoint a hearing examiner to conduct a consolidated	54193
adjudication hearing concerning the applications in accordance	54194
with Chapter 119. of the Revised Code. The hearing examiner shall	54195
be employed by or under contract with the department of health.	54196

The adjudication hearings may be conducted in the health	54197
service area in which the reviewable activity is proposed to be	54198
conducted. Consolidated adjudication hearings for applications in	54199
comparative review may be conducted in the geographic region in	54200
which all of the reviewable activities will be conducted. The	54201
applicant, the director, and the affected persons that filed	54202
objections to the application shall be parties to the hearing. If	54203
none of the affected persons that submitted written objections to	54204
the application appears or prosecutes the hearing, the hearing	54205
examiner shall dismiss the hearing and the director shall grant a	54206
certificate of need for all or part of the ~~entire~~ project that is	54207
the subject of the application if the proposed project meets all	54208
of the applicable certificate of need criteria for approval under	54209
sections 3702.51 to 3702.62 of the Revised Code and the rules	54210
adopted under those sections. The affected persons bear the burden	54211
of proving by a preponderance of evidence that the project is not	54212
needed or that granting the certificate would not be in accordance	54213
with sections 3702.51 to 3702.62 of the Revised Code or the rules	54214
adopted under those sections.	54215

(4) Except as provided in ~~divisions~~division (C)~~(1) and~~	54216
~~(2)~~(5) of this section, the director shall grant or deny	54217
certificate of need applications for which an adjudication hearing	54218
is not conducted under division (C)(3) of this section not later	54219
than sixty days after mailing the notice of completeness or, in	54220
the case of an application proposing addition of long-term care	54221
beds, not later than sixty days after such other time as is	54222
specified in rules adopted under section 3702.57 of the Revised	54223
Code. ~~The~~Except as provided in division (C)(5) of this section,	54224
the director shall grant or deny certificate of need	54225
applications for which an adjudication hearing is conducted under	54226
division (C)(3) of this section not later than thirty days after	54227
the expiration of the time for filing objections to the report	54228
and recommendation of the hearing examiner under section 119.09	54229
of the Revised Code. The director shall base decisions concerning	54230
applications for which an adjudication hearing is conducted under	54231
division (C)(3) of this section on the report and recommendations	54232
of the hearing examiner.	54233

(5) Except as otherwise provided in division (C)~~(1), (2), or~~	54234
(6) of this section, the director or the applicant may extend the	54235
deadline prescribed in division (C)(4) of this section once, for	54236
no longer than thirty days, by written notice before the end of	54237
the ~~original thirty-day period~~deadline prescribed by division	54238
(C)(4) of this section. An extension by the director under	54239
division (C)(5) of this section shall apply to all applications	54240
that are in comparative review.	54241

(6) No applicant in a comparative review may extend the	54242
deadline specified in division (C)(4) of this section.	54243

(7) ~~Except as provided in divisions (C)(1) and (2) of this~~	54244
~~section, the director may grant a certificate of need for all or~~	54245
~~part of the project that is the subject of an application.~~ If the	54246
director does not grant or deny the certificate by the applicable	54247
deadline specified in division (C)(4) of this section or any	54248
extension of it under division (C)(5) of this section, the	54249
certificate shall be considered to have been granted.	54250

(8) In granting a certificate of need, the director shall	54251
specify as the maximum capital expenditure the certificate holder	54252
may obligate under the certificate a figure equal to one hundred	54253
ten per cent of the approved project cost.	54254

(9) In granting a certificate of need, the director may	54255
grant the certificate with conditions that must be met by the	54256
holder of the certificate.	54257

(D) The director shall monitor the activities of persons	54258
granted certificates of need ~~concerning long-term care beds~~ during	54259
the period beginning with the granting of the certificate of need	54260
and ending five years after implementation of the activity for	54261
which the certificate was granted.	54262

~~In the case of any other certificate of need, the director~~	54263
~~shall monitor the activities of persons granted certificates of~~	54264
~~need during the period beginning with the granting of the~~	54265
~~certificate of need and ending when the activity for which the~~	54266
~~certificate was granted ceases to be a reviewable activity in~~	54267
~~accordance with section 3702.511 of the Revised Code.~~	54268

(E) When reviewing applications for certificates of need or	54269
monitoring activities of persons granted certificates of need,	54270
the director may issue and enforce, in the manner provided in	54271
section 119.09 of the Revised Code, subpoenas duces tecum to	54272
compel the production of documents relevant to review of the	54273
application or monitoring of the activities. In addition, the	54274
director or the director's designee, which may include a health	54275
service agency, may visit the sites where the activities are or	54276
will be conducted.	54277

(F) The director may withdraw certificates of need.

54278

(G) The director shall conduct, on a regular basis, health	54279
system data collection and analysis activities and prepare	54280
reports. The director shall make recommendations based upon these	54281
activities to the public health council concerning the adoption of	54282
appropriate rules under section 3702.57 of the Revised Code. All	54283
health care facilities and other health care providers shall	54284
submit to the director, upon request, any information that is	54285
necessary to conduct reviews of certificate of need applications	54286
and to develop recommendations for criteria for reviews, and that	54287
is prescribed by rules adopted under division (H) of section	54288
3702.57 of the Revised Code.	54289

(H) Any decision to grant or deny a certificate of need shall	54290
consider the special needs and circumstances resulting from moral	54291
and ethical values and the free exercise of religious rights of	54292
health care facilities administered by religious organizations,	54293
and the special needs and circumstances of ~~children's hospitals,~~	54294
inner city ~~hospitals,~~ and ~~small~~ rural ~~hospitals~~communities.	54295

Sec. 3702.524. (A) Except as provided in division (B) ~~or (C)~~	54296
of this section, a certificate of need granted on or after April	54297
20, 1995, is not transferable prior to the completion of the	54298
reviewable activity for which it was granted. If any person	54299
holding a certificate of need issued on or after that date	54300
transfers the certificate of need to another person before the	54301
reviewable activity is completed, or enters into an agreement that	54302
contemplates the transfer of the certificate of need on the	54303
completion of the reviewable activity, the certificate of need is	54304
void. If the controlling interest in an entity that holds a	54305
certificate of need issued on or after that date is transferred	54306
prior to the completion of the reviewable activity, the	54307
certificate of need is void.	54308

(B) Division (A) of this section does not prohibit the	54309
transfer of a certificate of need issued on or after April 20,	54310
1995, between affiliated or related persons, as defined in rules	54311
adopted under section 3702.57 of the Revised Code, if the transfer	54312
does not result in a change in the person that holds the ultimate	54313
controlling interest, as defined in the rules, in the certificate	54314
of need.	54315

The transfer of a health care facility after the completion	54316
of a reviewable activity for which a certificate of need was	54317
issued on or after April 20, 1995, is not a transfer of the	54318
certificate of need, unless the facility is transferred pursuant	54319
to an agreement entered into prior to the completion of the	54320
reviewable activity.	54321

~~(C) Division (A) of this section does not apply to a transfer~~	54322
~~of a certificate of need that meets all of the following~~	54323
~~conditions:~~	54324

~~(1) The certificate of need is transferred for no more than~~	54325
~~the amount of money the person transferring the certificate~~	54326
~~expended for reasonable and necessary expenses incurred in~~	54327
~~applying for and obtaining the certificate;~~	54328

~~(2) The person holding the certificate of need is unable to~~	54329
~~complete the reviewable activity for which it was issued due to~~	54330
~~circumstances beyond the person's control, including zoning~~	54331
~~restrictions, natural disasters, or comparable events;~~	54332

~~(3) The director, after reviewing documentation supplied by~~	54333
~~the person transferring the certificate of need, certifies in~~	54334
~~writing prior to the transfer that the transfer meets the~~	54335
~~conditions specified in divisions (C)(1) and (2) of this section.~~	54336

~~If the person that acquires a certificate of need under this~~	54337
~~division intends to implement the project other than in~~	54338
~~substantial compliance with the approved application for the~~	54339
~~certificate, that change is a reviewable activity for which the~~	54340
~~person must obtain another certificate of need.~~	54341

Sec. 3702.525. (A) Not later than twenty-four months after	54342
the date the director of health mails the notice that the	54343
certificate of need has been granted or, if the grant or denial of	54344
the certificate of need is appealed under section 3702.60 of the	54345
Revised Code, not later than twenty-four months after issuance of	54346
an order granting the certificate that is not subject to further	54347
appeal, each person holding a certificate of need granted on or	54348
after April 20, 1995, shall:	54349

(1) If the project for which the certificate of need was	54350
granted primarily involves construction and is to be financed	54351
primarily through external borrowing of funds, secure financial	54352
commitment for the stated purpose of developing the project and	54353
commence construction that continues uninterrupted except for	54354
interruptions or delays that are unavoidable due to reasons beyond	54355
the person's control, including labor strikes, natural disasters,	54356
material shortages, or comparable events;	54357

(2) If the project for which the certificate of need was	54358
granted primarily involves construction and is to be financed	54359
primarily internally, receive formal approval from the holder's	54360
board of directors or trustees or other governing authority to	54361
commit specified funds for implementation of the project and	54362
commence construction that continues uninterrupted except for	54363
interruptions or delays that are unavoidable due to reasons beyond	54364
the person's control, including labor strikes, natural disasters,	54365
material shortages, or comparable events;	54366

(3) If the project for which the certificate of need was	54367
granted primarily involves acquisition of medical equipment, enter	54368
into a contract to purchase or lease the equipment and to accept	54369
the equipment at the site for which the certificate was granted;	54370

(4) If the project for which the certificate of need was	54371
granted involves no capital expenditure or only minor renovations	54372
to existing structures, provide the health service or activity by	54373
the means specified in the approved application for the	54374
certificate;	54375

(5) If the project for which the certificate of need was	54376
granted primarily involves leasing a building or space that	54377
requires only minor renovations to the existing space, execute a	54378
lease and provide the health service or activity by the means	54379
specified in the approved application for the certificate;	54380

(6) If the project for which the certificate of need was	54381
granted primarily involves leasing a building or space that has	54382
not been constructed or requires substantial renovations to	54383
existing space, commence construction for the purpose of	54384
implementing the reviewable activity that continues uninterrupted	54385
except for interruptions or delays that are unavoidable due to	54386
reasons beyond the person's control, including labor strikes,	54387
natural disasters, material shortages, or comparable events.	54388

(B) The twenty-four-month period specified in division (A) of	54389
this section shall not be extended by any means, including the	54390
~~transfer of a certificate of need under division (C) of section~~	54391
~~3702.524 of the Revised Code or~~ granting of a subsequent or	54392
replacement certificate of need. Each person holding a certificate	54393
of need granted on or after April 20, 1995, shall provide the	54394
director of health documentation of compliance with that division	54395
not later than the earlier of thirty days after complying with	54396
that division or five days after the twenty-four-month period	54397
expires. Not later than the earlier of fifteen days after	54398
receiving the documentation or fifteen days after the	54399
twenty-four-month period expires, the director shall send by	54400
certified mail a notice to the holder of the certificate of need	54401
specifying whether the holder has complied with division (A) of	54402
this section.	54403

(C) Notwithstanding division (B) of this section, the	54404
twenty-four-month period specified in division (A) of this section	54405
shall be extended for an additional twenty-four months for any	54406
certificate of need granted for the purchase and relocation of	54407
licensed nursing home beds on February 26, 1999.	54408

(D) A certificate of need granted on or after April 20, 1995,	54409
expires, regardless of whether the director sends a notice under	54410
division (B) of this section, if the holder fails to comply with	54411
division (A) or (C) of this section or to provide information	54412
under division (B) of this section as necessary for the director	54413
to determine compliance.	54414

Sec. 3702.53. (A) No person shall carry out any reviewable	54415
activity unless a certificate of need for such activity has been	54416
granted under sections 3702.51 to 3702.62 of the Revised Code or	54417
the person is exempted by division ~~(T)~~(S) of section 3702.51 or	54418
section ~~3702.527, 3702.528, 3702.529,~~ 3702.5210, or 3702.62 of the	54419
Revised Code from the requirement that a certificate of need be	54420
obtained. No person shall carry out any reviewable activity if a	54421
certificate of need authorizing that activity has been withdrawn	54422
by the director of health under section 3702.52 or 3702.526 of the	54423
Revised Code. No person shall carry out a reviewable activity if	54424
the certificate of need authorizing that activity is void pursuant	54425
to section 3702.524 of the Revised Code or has expired pursuant to	54426
section 3702.525 of the Revised Code.	54427

(B) No person shall separate portions of any proposal for any	54428
reviewable activity to evade the requirements of sections 3702.51	54429
to 3702.62 of the Revised Code.	54430

(C) No person granted a certificate of need shall carry out	54431
the reviewable activity authorized by the certificate of need	54432
other than in substantial accordance with the approved application	54433
for the certificate of need.	54434

Sec. 3702.532. When the director of health determines that a	54435
person has violated section 3702.53 of the Revised Code, the	54436
director shall send a notice to the person by certified mail,	54437
return receipt requested, specifying the activity constituting the	54438
violation and the penalties imposed under section 3702.54,or	54439
3702.541~~, or 3702.542~~ of the Revised Code.	54440

Sec. 3702.54. Except as provided in ~~sections~~section	54441
3702.541 ~~and 3702.542 and former section 3702.543~~ of the Revised	54442
Code, divisions (A) and (B) of this section apply when the	54443
director of health determines that a person has violated section	54444
3702.53 of the Revised Code.	54445

(A) The director shall impose a civil penalty on the person	54446
in an amount equal to the greatest of the following:	54447

(1) Three thousand dollars;

54448

(2) Five per cent of the operating cost of the activity that	54449
constitutes the violation during the period of time it was	54450
conducted in violation of section 3702.53 of the Revised Code;	54451

(3) ~~Two~~If a certificate of need was granted, two per cent of	54452
the total approved capital cost associated with implementation of	54453
the activity for which the certificate of need was granted.	54454

In no event, however, shall the penalty exceed two hundred	54455
fifty thousand dollars.	54456

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	54457
the director shall refuse to accept for review any application for	54458
a certificate of need filed by or on behalf of the person, or any	54459
successor to the person or entity related to the person, for a	54460
period of not less than one year and not more than three years	54461
after the director mails the notice of the director's	54462
determination under section 3702.532 of the Revised Code or, if	54463
the determination is appealed under section 3702.60 of the Revised	54464
Code, the issuance of the order upholding the determination that	54465
is not subject to further appeal. In determining the length of	54466
time during which applications will not be accepted, the director	54467
may consider any of the following:	54468

(a) The nature and magnitude of the violation;

54469

(b) The ability of the person to have averted the violation;

54470

(c) Whether the person disclosed the violation to the	54471
director before the director commenced his investigation;	54472

(d) The person's history of compliance with sections 3702.51	54473
to 3702.62 and the rules adopted under section 3702.57 of the	54474
Revised Code;	54475

(e) Any community hardship that may result from refusing to	54476
accept future applications from the person.	54477

(2) Notwithstanding the one-year minimum imposed by division	54478
(B)(1) of this section, the director may establish a period of	54479
less than one year during which the director will refuse to accept	54480
certificate of need applications if, after reviewing all	54481
information available to the director, the director determines and	54482
expressly indicates in the notice mailed under section 3702.532 of	54483
the Revised Code that refusing to accept applications for a longer	54484
period would result in hardship to the community in which the	54485
person provides health services. The director's finding of	54486
community hardship shall not affect the granting or denial of any	54487
future certificate of need application filed by the person.	54488

Sec. 3702.544. Each person required by section 3702.54,or	54489
3702.541~~, or 3702.542, or former section 3702.543~~ of the Revised	54490
Code to pay a civil penalty shall do so not later than sixty days	54491
after receiving the notice mailed under section 3702.532 of the	54492
Revised Code or, if the person appeals under section 3702.60 of	54493
the Revised Code the director of health's determination that a	54494
violation has occurred, not later than sixty days after the	54495
issuance of an order upholding the director's determination that	54496
is not subject to further appeal. The civil penalties shall be	54497
paid to the director. The director shall deposit them into the	54498
certificate of need fund created by section 3702.52 of the Revised	54499
Code.	54500

Sec. 3702.55. ~~Except as provided in section 3702.542 of the~~	54501
~~Revised Code, a~~A person that the director of health determines	54502
has violated section 3702.53 of the Revised Code shall cease	54503
conducting the activity that constitutes the violation or	54504
utilizing the equipment or facility resulting from the violation	54505
not later than thirty days after the person receives the notice	54506
mailed under section 3702.532 of the Revised Code or, if the	54507
person appeals the director's determination under section 3702.60	54508
of the Revised Code, thirty days after the person receives an	54509
order upholding the director's determination that is not subject	54510
to further appeal. ~~A person that applies for a certificate of need~~	54511
~~as described in section 3702.542 of the Revised Code shall cease~~	54512
~~conducting the activity or using the equipment or facility in~~	54513
~~accordance with the timetable established by the director of~~	54514
~~health under that section.~~	54515

If any person determined to have violated section 3702.53 of	54516
the Revised Code fails to cease conducting an activity or using	54517
equipment or a facility as required by this section ~~or a timetable~~	54518
~~established under section 3702.542 of the Revised Code,~~ or if the	54519
person continues to seek payment or reimbursement for services	54520
rendered or costs incurred in conducting the activity as	54521
prohibited by section 3702.56 of the Revised Code, in addition to	54522
the penalties imposed under section 3702.54,or 3702.541~~, or~~	54523
~~3702.542 or former section 3702.543~~ of the Revised Code:	54524

(A) The director of health may refuse to include any beds	54525
involved in the activity in the bed capacity of a hospital for	54526
purposes of registration under section 3701.07 of the Revised	54527
Code;	54528

(B) The director of health may refuse to license, or may	54529
revoke a license or reduce bed capacity previously granted to, a	54530
hospice care program under section 3712.04 of the Revised Code; a	54531
nursing home, rest home, or home for the aging under section	54532
3721.02 of the Revised Code; or any beds within any of those	54533
facilities that are involved in the activity;	54534

(C) A political subdivision certified under section 3721.09	54535
of the Revised Code may refuse to license, or may revoke a license	54536
or reduce bed capacity previously granted to, a nursing home, rest	54537
home, or home for the aging, or any beds within any of those	54538
facilities that are involved in the activity;	54539

(D) The director of mental health may refuse to license under	54540
section 5119.20 of the Revised Code, or may revoke a license or	54541
reduce bed capacity previously granted to, a hospital receiving	54542
mentally ill persons or beds within such a hospital that are	54543
involved in the activity;	54544

(E) The department of job and family services may refuse to	54545
enter into a provider agreement that includes a facility, beds, or	54546
services that result from the activity.	54547

Sec. 3702.57. (A) The public health council shall adopt	54548
rules establishing procedures and criteria for reviews of	54549
applications for certificates of need and issuance, denial, or	54550
withdrawal of certificates.	54551

(1) ~~The rules shall require that, in addition to any other~~	54552
~~applicable review requirements of sections 3702.51 to 3702.62 of~~	54553
~~the Revised Code and rules adopted thereunder, any application for~~	54554
~~a certificate of need from an osteopathic hospital be reviewed on~~	54555
~~the basis of the need for and the availability in the community of~~	54556
~~services and hospitals for osteopathic physicians and their~~	54557
~~patients, and in terms of its impact on existing and proposed~~	54558
~~institutional training programs for doctors of osteopathy and~~	54559
~~doctors of medicine at the student, internship, and residency~~	54560
~~training levels.~~	54561

~~(2)~~ In adopting rules that establish criteria for reviews of	54562
applications of certificates of need, the council shall consider	54563
the availability of and need for long-term care beds to provide	54564
care and treatment to persons diagnosed as having traumatic brain	54565
injuries and shall prescribe criteria for reviewing applications	54566
that propose to add long-term care beds to provide care and	54567
treatment to persons diagnosed as having traumatic brain injuries.	54568

~~(3)~~(2) The criteria for reviews of applications for	54569
certificates of need shall relate to the need for the reviewable	54570
activity and shall pertain to all of the following matters:	54571

(a) The impact of the reviewable activity on the cost and	54572
quality of health services in the relevant geographic area,	54573
including, but not limited, to the historical and projected	54574
utilization of the services to which the application pertains and	54575
the effect of the reviewable activity on utilization of other	54576
providers of similar services;	54577

(b) The quality of the services to be provided as the result	54578
of the activity, as evidenced by the historical performance of the	54579
persons that will be involved in providing the services and by the	54580
provisions that are proposed in the application to ensure quality,	54581
including but not limited to adequate available personnel,	54582
available ancillary and support services, available equipment,	54583
size and configuration of physical plant, and relations with other	54584
providers;	54585

(c) The impact of the reviewable activity on the availability	54586
and accessibility of the type of services proposed in the	54587
application to the population of the relevant geographic area, and	54588
the level of access to the services proposed in the application	54589
that will be provided to medically underserved individuals such as	54590
recipients of public assistance and individuals who have no health	54591
insurance or whose health insurance is insufficient;	54592

(d) The activity's short- and long-term financial feasibility	54593
and cost-effectiveness, the impact of the activity on the	54594
applicant's costs and charges, and a comparison of the applicant's	54595
costs and charges with those of providers of similar services in	54596
the applicant's proposed service area;	54597

(e) The advantages, disadvantages, and costs of alternatives	54598
to the reviewable activity;	54599

(f) The impact of the activity on all other providers of	54600
similar services in the health service area or other relevant	54601
geographic area, including the impact on their utilization, market	54602
share, and financial status;	54603

(g) The historical performance of the applicant and related	54604
or affiliated parties in complying with previously granted	54605
certificates of need and any applicable certification,	54606
accreditation, or licensure requirements;	54607

(h) The relationship of the activity to the current edition	54608
of the state health resources plan issued under section 3702.521	54609
of the Revised Code;	54610

(i) The historical performance of the applicant and related	54611
or affiliated parties in providing cost-effective health care	54612
services;	54613

(j) The special needs and circumstances of the applicant or	54614
population proposed to be served by the proposed project,	54615
including research activities, prevalence of particular diseases,	54616
unusual demographic characteristics, cost-effective contractual	54617
affiliations, and other special circumstances;	54618

(k) The appropriateness of the zoning status of the proposed	54619
site of the activity;	54620

(l) The participation by the applicant in research conducted	54621
by the United States food and drug administration or clinical	54622
trials sponsored by the national institutes of health.	54623

~~(4)~~(3) The criteria for reviews of applications shall include	54624
a formula for determining each county's long-term care bed need	54625
for purposes of section 3702.593 of the Revised Code and may	54626
include other formulas for determining need for beds ~~and~~	54627
~~services~~.	54628

~~(a) The criteria prescribing formulas shall not, either by~~	54629
~~themselves or in conjunction with any established occupancy~~	54630
~~guidelines, require, as a condition of being granted a certificate~~	54631
~~of need, that a hospital reduce its complement of registered beds~~	54632
~~or discontinue any service that is not related to the service or~~	54633
~~project for which the certificate of need is sought.~~	54634

~~(b) With respect to applications to conduct reviewable~~	54635
~~activities that are affected directly by the inpatient occupancy~~	54636
~~of a health care facility, including addition, relocation, or~~	54637
~~recategorization of beds or renovation or other construction~~	54638
~~activities relating to inpatient services, the rules shall~~	54639
~~prescribe criteria for determining whether the scope of the~~	54640
~~proposed project is appropriate in light of the historical and~~	54641
~~reasonably projected occupancy rates for the beds related to the~~	54642
~~project.~~	54643

~~(c)~~ Any rules prescribing criteria that establish ratios of	54644
beds~~, services, or equipment~~ to population shall specify the bases	54645
for establishing the ratios or mitigating factors or exceptions to	54646
the ratios.	54647

(B) The council shall adopt rules specifying all of the	54648
following:	54649

(1) Information that must be provided in applications for	54650
certificates of need, which shall include a plan for obligating	54651
the capital expenditure or implementing the proposed project on a	54652
timely basis in accordance with section 3702.525 of the Revised	54653
Code;	54654

(2) Procedures for reviewing applications for completeness of	54655
information;	54656

(3) Criteria for determining that the application is	54657
complete.	54658

(C) The council shall adopt rules specifying requirements	54659
that holders of certificates of need must meet in order for the	54660
certificates to remain valid and establishing definitions and	54661
requirements for obligation of capital expenditures and	54662
implementation of projects authorized by certificates of need.	54663

(D) The council shall adopt rules establishing criteria and	54664
procedures under which the director of health may withdraw a	54665
certificate of need if the holder fails to meet requirements for	54666
continued validity of the certificate.	54667

(E) The council shall adopt rules establishing procedures	54668
under which the department of health shall monitor project	54669
implementation activities of holders of certificates of need. The	54670
rules adopted under this division also may establish procedures	54671
for monitoring implementation activities of persons that have	54672
received nonreviewability rulings.	54673

(F) The council shall adopt rules establishing procedures	54674
under which the director of health shall review certificates of	54675
need whose holders exceed or appear likely to exceed an	54676
expenditure maximum specified in a certificate.	54677

(G) The council shall adopt rules establishing certificate of	54678
need application fees sufficient to pay the costs incurred by the	54679
department for administering sections 3702.51 to 3702.62 of the	54680
Revised Code and to pay health service agencies for the functions	54681
they perform under division (D)(5) of section 3702.58 of the	54682
Revised Code. Unless rules are adopted under this division	54683
establishing different application fees, the application fee for a	54684
project not involving a capital expenditure shall be three	54685
thousand dollars and the application fee for a project involving a	54686
capital expenditure shall be nine-tenths of one per cent of the	54687
capital expenditure proposed subject to a minimum of three	54688
thousand dollars and a maximum of twenty thousand dollars.	54689

(H) The council shall adopt rules specifying information that	54690
is necessary to conduct reviews of certificate of need	54691
applications and to develop recommendations for criteria for	54692
reviews that health care facilities and other health care	54693
providers are to submit to the director under division (G) of	54694
section 3702.52 of the Revised Code.	54695

(I) The council shall adopt rules defining "affiliated	54696
person," "related person," and "ultimate controlling interest" for	54697
purposes of section 3702.524 of the Revised Code.	54698

(J) The council shall adopt rules prescribing requirements	54699
for holders of certificates of need to demonstrate to the director	54700
under section 3702.526 of the Revised Code that reasonable	54701
progress is being made toward completion of the reviewable	54702
activity and establishing standards by which the director shall	54703
determine whether reasonable progress is being made.	54704

(K) ~~The council shall adopt rules defining high-risk cardiac~~	54705
~~catheterization patients. High-risk patients shall include~~	54706
~~patients with significant ischemic syndromes or unstable~~	54707
~~myocardial infarction, patients who need intervention such as~~	54708
~~angioplasty or bypass surgery, patients who may require difficult~~	54709
~~or complex catheterization procedures such as transeptal~~	54710
~~assessment of valvular dysfunction, patients with critical aortic~~	54711
~~stenosis or congestive heart failure, and other patients specified~~	54712
~~by the council.~~	54713

~~(L)~~ The public health council shall adopt all rules under	54714
divisions (A) to ~~(K)~~(J) of this section in accordance with Chapter	54715
119. of the Revised Code. The council may adopt other rules as	54716
necessary to carry out the purposes of sections 3702.51 to 3702.62	54717
of the Revised Code.	54718

Sec. 3702.59. (A) ~~Notwithstanding any conflicting provision~~	54719
~~of sections 3702.51 to 3702.62 of the Revised Code, other than~~	54720
~~the provisions of sections 3702.5210, 3702.5211, 3702.5212, and~~	54721
~~3702.5213 of the Revised Code, both of the following apply under~~	54722
~~the certificate of need program:~~	54723

~~(1) Divisions (B) to (E) of this section apply to the review~~	54724
~~of certificate of need applications during the period beginning~~	54725
~~July 1, 1993, and ending June 30, 2009.~~	54726

~~(2) Beginning July 1, 2009, the director of health shall not~~	54727
~~accept for review under section 3702.52 of the Revised Code any~~	54728
~~application for a certificate of need to recategorize hospital~~	54729
~~beds as described in section 3702.522 of the Revised Code.~~	54730

~~(B)(1) Except as provided in division (B)(2) of this section,~~	54731
~~the director of health shall neither grant nor deny any~~	54732
~~application for a certificate of need submitted prior to July 1,~~	54733
~~1993, if the application was for any of the following and the~~	54734
~~director had not issued a written decision concerning the~~	54735
~~application prior to that date:~~	54736

~~(a) Approval of beds in a new health care facility or an~~	54737
~~increase of beds in an existing health care facility, if the beds~~	54738
~~are proposed to be licensed as nursing home beds under Chapter~~	54739
~~3721. of the Revised Code;~~	54740

~~(b) Approval of beds in a new county home or new county~~	54741
~~nursing home as defined in section 5155.31 of the Revised Code, or~~	54742
~~an increase of beds in an existing county home or existing county~~	54743
~~nursing home, if the beds are proposed to be certified as skilled~~	54744
~~nursing facility beds under Title XVIII or nursing facility beds~~	54745
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	54746
~~42 U.S.C.A. 301, as amended;~~	54747

~~(c) Recategorization of hospital beds as described in section~~	54748
~~3702.522 of the Revised Code, an increase of hospital beds~~	54749
~~registered pursuant to section 3701.07 of the Revised Code as~~	54750
~~long-term care beds or skilled nursing facility beds, or a~~	54751
~~recategorization of hospital beds that would result in an increase~~	54752
~~of beds registered pursuant to that section as long-term care beds~~	54753
~~or skilled nursing facility beds.~~	54754

~~On July 1, 1993, the director shall return each such~~	54755
~~application to the applicant and, notwithstanding section 3702.52~~	54756
~~of the Revised Code regarding the uses of the certificate of need~~	54757
~~fund, shall refund to the applicant the application fee paid under~~	54758
~~that section. Applications returned under division (B)(1) of this~~	54759
~~section may be resubmitted in accordance with section 3702.52 of~~	54760
~~the Revised Code no sooner than July 1, 2009.~~	54761

~~(2) The director shall continue to review and shall issue a~~	54762
~~decision regarding any application submitted prior to July 1,~~	54763
~~1993, to increase beds for either of the purposes described in~~	54764
~~division (B)(1)(a) or (b) of this section if the proposed increase~~	54765
~~in beds is attributable solely to a replacement or relocation of~~	54766
~~existing beds within the same county. The director shall authorize~~	54767
~~under such an application no additional beds beyond those being~~	54768
~~replaced or relocated.~~	54769

~~(C)(1) Except as provided in division (C)(2) of this section,~~	54770
~~the director, during the period beginning July 1, 1993, and ending~~	54771
~~June 30, 2009, shall not accept for review under section 3702.52~~	54772
~~of the Revised Code any application for a certificate of need for~~	54773
~~any of the purposes described in divisions (B)(1)(a) to (c) of~~	54774
~~this section.~~	54775

~~(2)(a)~~ The director of health shall accept for review ~~any~~	54776
~~application for either of the purposes described in division~~	54777
~~(B)(1)(a) or (b) of this section if the proposed increase in beds~~	54778
~~is attributable solely to a replacement or relocation of existing~~	54779
~~beds from an existing health care facility within the same~~	54780
~~county. The director shall authorize under such an application no~~	54781
~~additional beds beyond those being replaced or relocated~~	54782
certificate of need applications as provided in sections 3702.592,	54783
3702.593, and 3702.594 of the Revised Code.	54784

(B) The director shall not approve an application for a	54785
certificate of need for addition of long-term care beds to an	54786
existing health care facility ~~by relocation of beds~~ or for the	54787
development of a new health care facility ~~by relocation of beds~~	54788
unless all of the following conditions are met:	54789

~~(i)~~(1) The existing health care facility toin which the beds	54790
are being ~~relocated~~placed has no waivers for life safety code	54791
deficiencies, no state fire code violations, and no state	54792
building code violations, or the project identified in the	54793
application proposes to correct all life safety code	54794
deficiencies for which a waiver has been granted, all state fire	54795
code violations, and all state building code violations at the	54796
existing health care facility toin which the beds are being	54797
~~relocated~~placed;	54798

~~(ii)~~(2) During the sixty-month period preceding the filing of	54799
the application, no notice of proposed revocation of the	54800
facility's license was issued under section 3721.03 of the Revised	54801
Code to the operator of the existing facility toin which the beds	54802
are being ~~relocated~~placed or to any health care facility owned or	54803
operated by the applicant or any principal participant in the same	54804
corporation or other business;	54805

~~(iii)~~(3) Neither the existing health care facility toin	54806
which the beds are being ~~relocated~~placed nor any health care	54807
facility owned or operated by the applicant or any principal	54808
participant in the same corporation or other business has had a	54809
long-standing pattern of violations of this chapter or Chapter	54810
3721. of the Revised Code or deficiencies that caused one or more	54811
residents physical, emotional, mental, or psychosocial harm.	54812

~~(b)~~(C) The director also shall accept for review any	54813
application for the conversion of infirmary beds to long-term	54814
care beds if the infirmary meets all of the following conditions:	54815

~~(i)~~(1) Is operated exclusively by a religious order;

54816

~~(ii)~~(2) Provides care exclusively to members of religious	54817
orders who take vows of celibacy and live by virtue of their vows	54818
within the orders as if related;	54819

~~(iii)~~(3) Was providing care exclusively to members of such a	54820
religious order on January 1, 1994.	54821

~~(D) The director shall issue a decision regarding any case~~	54822
~~remanded by a court as the result of a decision issued by the~~	54823
~~director prior to July 1, 1993, to grant, deny, or withdraw a~~	54824
~~certificate of need for any of the purposes described in divisions~~	54825
~~(B)(1)(a) to (c) of this section.~~	54826

~~(E) The director shall not project the need for beds listed~~	54827
~~in division (B)(1) of this section for the period beginning July~~	54828
~~1, 1993, and ending June 30, 2009~~At no time shall individuals	54829
other than those described in division (C)(2) of this section be	54830
admitted to a facility to use beds for which a certificate of need	54831
is approved under this division.	54832

Sec. 3702.592. (A) The director of health shall accept, for	54833
review under section 3702.52 of the Revised Code, certificate of	54834
need applications for any of the following purposes if the	54835
proposed increase in beds is attributable solely to a replacement	54836
or relocation of existing beds from an existing health care	54837
facility within the same county:	54838

(1) Approval of beds in a new health care facility or an	54839
increase of beds in an existing health care facility if the beds	54840
are proposed to be licensed as nursing home beds under Chapter	54841
3721. of the Revised Code;	54842

(2) Approval of beds in a new county home or new county	54843
nursing home, or an increase of beds in an existing county home or	54844
existing county nursing home if the beds are proposed to be	54845
certified as skilled nursing facility beds under the medicare	54846
program, Title XVIII of the "Social Security Act," 49 Stat. 286	54847
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	54848
the medicaid program, Title XIX of the "Social Security Act," 49	54849
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	54850

(3) An increase of hospital beds registered pursuant to	54851
section 3701.07 of the Revised Code as long-term care beds;	54852

(4) An increase of hospital beds registered pursuant to	54853
section 3701.07 of the Revised Code as special skilled nursing	54854
beds that were originally authorized by and operate in accordance	54855
with section 3702.522 of the Revised Code.	54856

(B) The director shall accept applications described in	54857
division (A) of this section at any time.	54858

Sec. 3702.593. (A) At the times specified in this section,	54859
the director of health shall accept, for review under section	54860
3702.52 of the Revised Code, certificate of need applications for	54861
any of the following purposes if the proposed increase in beds is	54862
attributable solely to relocation of existing beds from an	54863
existing health care facility in a county with excess beds to a	54864
health care facility in a county in which there are fewer	54865
long-term care beds than the county's bed need:	54866

(1) Approval of beds in a new health care facility or an	54867
increase of beds in an existing health care facility if the beds	54868
are proposed to be licensed as nursing home beds under Chapter	54869
3721. of the Revised Code;	54870

(2) Approval of beds in a new county home or new county	54871
nursing home, or an increase of beds in an existing county home or	54872
existing county nursing home if the beds are proposed to be	54873
certified as skilled nursing facility beds under the medicare	54874
program, Title XVIII of the "Social Security Act," 49 Stat. 286	54875
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under	54876
the medicaid program, Title XIX of the "Social Security Act," 49	54877
Stat. 286 (1965), 42 U.S.C. 1396, as amended;	54878

(3) An increase of hospital beds registered pursuant to	54879
section 3701.07 of the Revised Code as long-term care beds.	54880

(B) For the purpose of implementing this section, the	54881
director shall do all of the following:	54882

(1) Determine the long-term care bed supply for each county,	54883
which shall consist of all of the following:	54884

(a) Nursing home beds licensed under Chapter 3721. of the	54885
Revised Code;	54886

(b) Beds certified as skilled nursing facility beds under the	54887
medicare program or nursing facility beds under the medicaid	54888
program;	54889

(c) Beds in a county home or county nursing home that are	54890
certified under section 5155.38 of the Revised Code as having been	54891
in operation on July 1, 1993, and are eligible for licensure as	54892
nursing home beds;	54893

(d) Beds held as approved long-term care beds under a	54894
certificate of need approved by the director.	54895

(2) Determine the long-term care bed occupancy rate for the	54896
state at the time the determination is made;	54897

(3) Not later than April 1, 2010, and every four years	54898
thereafter, for each county determine, using the formula developed	54899
in rules adopted under section 3702.57 of the Revised Code, and	54900
publish on the department of health's web site, the county's bed	54901
need by identifying the number of long-term beds that would be	54902
needed in the county for the statewide occupancy rate for a	54903
projected population aged sixty-five and older to be ninety-five	54904
per cent.	54905

(C) The director's consideration of a certificate of need	54906
that would increase the number of beds in a county shall be	54907
consistent with the county's bed need determined under division	54908
(B) of this section except as follows:	54909

(1) If a county's occupancy rate is less than eighty-five per	54910
cent, the county shall be considered to have no need for	54911
additional beds.	54912

(2) Even if a county is determined not to need any additional	54913
long-term care beds, the director may approve an increase in beds	54914
equal to up to ten per cent of the county's bed supply if the	54915
county's occupancy rate is greater than ninety-five per cent.	54916

(D) Applications made under this section shall be subject to	54917
comparative review. The period for each comparative review process	54918
shall be four years with the first period beginning July 1, 2010,	54919
and ending June 30, 2014.	54920

Certificate of need applications shall be accepted and	54921
reviewed from the first day of the period through the thirtieth	54922
day of April of the following year, which shall be the initial	54923
phase of the review period. If the director determines that there	54924
will be acceptance and review of additional certificate of need	54925
applications, the second phase of the review period shall begin on	54926
the first day of July of the third year of the review period. The	54927
second phase shall be limited to acceptance and review of	54928
applications for redistribution of beds made available pursuant to	54929
division (G)(2) of this section. During the period between the	54930
first and second phases of the review period, the director shall	54931
act in accordance with division (H) of this section.	54932

(E) The director shall consider certificate of need	54933
applications in accordance with all of the following:	54934

(1) The number of beds approved for a county shall include	54935
only beds available for relocation from another county and shall	54936
not exceed the bed need of the receiving county;	54937

(2) The director shall consider the existence of community	54938
resources serving persons who are age sixty-five or older or	54939
disabled that are demonstrably effective in providing alternatives	54940
to long-term care facility placement.	54941

(3) The director shall approve relocation of beds from a	54942
county only if, after the relocation, the number of beds remaining	54943
in the county will exceed the county's bed need by at least one	54944
hundred beds;	54945

(4) The director shall approve relocation of beds from a	54946
health care facility only if, after the relocation, the number of	54947
beds within a fifteen mile radius of the facility is at least	54948
equal to the state bed need rate.	54949

(F) In determining which applicants should receive preference	54950
in the comparative review process, the director shall consider all	54951
of the following:	54952

(1) Whether the beds will be part of a continuing care	54953
retirement community;	54954

(2) Whether the beds will serve an underserved population,	54955
such as low-income individuals, individuals with disabilities, or	54956
individuals who are members of racial or ethnic minority groups;	54957

(3) Whether the project in which the beds will be included	54958
will provide alternatives to institutional care, such as adult	54959
day-care, home health care, respite or hospice care, mobile	54960
meals, residential care, independent living, or congregate living	54961
services;	54962

(4) Whether the health care facility's owner or operator will	54963
participate in medicaid waiver programs for alternatives to	54964
institutional care;	54965

(5) Whether the project in which the beds will be included	54966
will reduce alternatives to institutional care by converting	54967
residential care beds or other alternative care beds to long-term	54968
care beds;	54969

(6) Whether the facility in which the beds will be placed	54970
has positive resident and family satisfaction surveys;	54971

(7) Whether the facility in which the beds will be placed	54972
has fewer than fifty long-term care beds;	54973

(8) Whether the health care facility in which the beds will	54974
be placed is located within the service area of a hospital and is	54975
designed to accept patients for rehabilitation after an in-patient	54976
hospital stay;	54977

(9) Whether the health care facility in which the beds will	54978
be placed is or proposes to become a nurse aide training and	54979
testing site;	54980

(10) The rating, under the centers for medicare and medicaid	54981
services' five star nursing home quality rating system, of the	54982
health care facility in which the beds will be placed.	54983

(G)(1) When a certificate of need application is approved	54984
during the initial phase of a review period, on completion of the	54985
project under which the beds are relocated, that number of beds	54986
shall cease to be operated in the health care facility from which	54987
they were relocated and, if the licensure or certification of	54988
those beds cannot be or is not transferred to the facility to	54989
which the beds are relocated, the licensure or certification shall	54990
be surrendered.	54991

(2) In addition to the actions required by division (G)(1) of	54992
this section, the health care facility from which the beds were	54993
relocated shall reduce the number of beds operated in the facility	54994
by a number of beds equal to at least ten per cent of the number	54995
of beds relocated and shall surrender the licensure or	54996
certification of those beds. This reduction shall be made not	54997
later than the completion date of the project for which the beds	54998
were relocated.	54999

(H)(1) Once approval of certificate of need applications in	55000
the first phase of a review period is complete, the director shall	55001
make a new determination of the bed need for each county by	55002
reducing the county's bed need by the number of beds approved for	55003
relocation to the county. The new bed-need determination shall be	55004
made not later than the first day of April of the third year of	55005
the review period.	55006

(2) The director may publish on the department's web site the	55007
remaining bed need for counties that will be considered for	55008
redistribution of beds that, in accordance with division (G)(2) of	55009
this section, have ceased or will cease to be operated. The	55010
director shall base the determination of whether to include a	55011
county on all of the following:	55012

(a) The statewide number of beds that, in accordance with	55013
division (G)(2) of this section, have ceased or will cease to be	55014
operated;	55015

(b) The county's remaining bed need;

55016

55017

(I) If the director publishes the remaining bed need for a	55018
county under division (H)(2) of this section, the director may,	55019
beginning on the first day of the second phase of the review	55020
period, accept certificate of need applications for redistribution	55021
to health care facilities in that county of beds that have ceased	55022
or will cease operation in accordance with division (G)(2) of	55023
this section. The total number of beds approved for	55024
redistribution in the second phase of a review period shall not	55025
exceed the number that have ceased or will cease operation in	55026
accordance with division (G)(2) of this section. Beds that are	55027
not approved for redistribution during the second phase of a	55028
review period shall not be available for redistribution at any	55029
future time.	55030

Sec. 3702.594. (A) The director of health shall accept, for	55031
review under section 3702.52 of the Revised Code, certificate of	55032
need applications for an increase in beds in an existing health	55033
care facility if all of the following conditions are met:	55034

(1) The proposed increase is attributable solely to a	55035
relocation of beds from an existing health care facility to	55036
another existing health care facility located in a county that is	55037
contiguous to the county from which the beds are to be relocated.	55038

(2) If, after the proposed relocation, there will be existing	55039
beds remaining in the county from which the beds are relocated.	55040

(3) The existing health care facility to which the beds are	55041
proposed to be relocated is located in a county in which there has	55042
not been a reviewable activity implemented pursuant to a	55043
certificate of need since January 1, 2005, involving the	55044
relocation of nursing home beds from one existing health care	55045
facility to another existing health care facility that are not	55046
related by common ownership.	55047

(4) The beds are proposed to be licensed as nursing home beds	55048
under Chapter 3721. of the Revised Code.	55049

(B) The director shall accept applications described in	55050
division (A) of this section at any time.	55051

Sec. 3702.60. (A) Any affected person may appeal a	55052
reviewability ruling issued on or after April 20, 1995, to the	55053
director of health in accordance with Chapter 119. of the Revised	55054
Code, and the director shall provide an adjudication hearing in	55055
accordance with that chapter. An affected person may appeal the	55056
director's ruling in the adjudication hearing to the tenth	55057
district court of appeals.	55058

(B) The certificate of need applicant or another affected	55059
person may appeal to the director in accordance with Chapter 119.	55060
of the Revised Code a decision issued by the director on or after	55061
April 20, 1995, to grant or deny a certificate of need application	55062
for which an adjudication hearing was not conducted under section	55063
3702.52 of the Revised Code, and the director shall provide an	55064
adjudication hearing in accordance with that chapter. The	55065
certificate of need applicant or an affected person that was a	55066
party to and participated in an adjudication hearing conducted	55067
under this division or section 3702.52 of the Revised Code may	55068
appeal to the tenth district court of appeals the decision issued	55069
by the director following the adjudication hearing. No person may	55070
appeal to the director or a court the director's granting of a	55071
certificate of need prior to June 30, 1995, under the version of	55072
section 3702.52 of the Revised Code in effect immediately prior to	55073
that date due to failure to submit timely written objections, no	55074
person may appeal to the director or a court the director's	55075
granting of a certificate of need under division (C)(1) ~~or (2)~~ of	55076
section 3702.52 of the Revised Code.	55077

(C) The certificate of need holder may appeal to the director	55078
in accordance with Chapter 119. of the Revised Code a decision	55079
issued by the director under section 3702.52 or 3702.526 of the	55080
Revised Code on or after April 20, 1995, to withdraw a certificate	55081
of need, and the director shall provide an adjudication hearing in	55082
accordance with that chapter. The person may appeal the director's	55083
ruling in the adjudication hearing to the tenth district court of	55084
appeals.	55085

(D) Any person determined by the director to have violated	55086
section 3702.53 of the Revised Code may appeal that determination,	55087
or the penalties imposed under section 3702.54,or 3702.541~~, or~~	55088
~~3702.542 or former section 3702.543~~ of the Revised Code, to the	55089
director in accordance with Chapter 119. of the Revised Code, and	55090
the director shall provide an adjudication hearing in accordance	55091
with that chapter. The person may appeal the director's ruling in	55092
the adjudication hearing to the tenth district court of appeals.	55093

(E) Each person appealing under this section to the director	55094
shall file with the director, not later than thirty days after the	55095
decision, ruling, or determination of the director was mailed, a	55096
notice of appeal designating the decision, ruling, or	55097
determination appealed from.	55098

(F) Each person appealing under this section to the tenth	55099
district court of appeals shall file with the court, not later	55100
than thirty days after the date the director's adjudication order	55101
was mailed, a notice of appeal designating the order appealed	55102
from. The appellant also shall file notice with the director not	55103
later than thirty days after the date the order was mailed.	55104

(1) Not later than thirty days after receipt of the notice of	55105
appeal, the director shall prepare and certify to the court the	55106
complete record of the proceedings out of which the appeal arises.	55107
The expense of preparing and transcribing the record shall be	55108
taxed as part of the costs of the appeal. In the event that the	55109
record or a part thereof is not certified within the time	55110
prescribed by this division, the appellant may apply to the court	55111
for an order that the record be certified.	55112

(2) In hearing the appeal, the court shall consider only the	55113
evidence contained in the record certified to it by the director.	55114
The court may remand the matter to the director for the admission	55115
of additional evidence on a finding that the additional evidence	55116
is material, newly discovered, and could not with reasonable	55117
diligence have been ascertained before the hearing before the	55118
director. Except as otherwise provided by statute, the court shall	55119
give the hearing on the appeal preference over all other civil	55120
matters, irrespective of the position of the proceedings on the	55121
calendar of the court.	55122

(3) The court shall affirm the director's order if it finds,	55123
upon consideration of the entire record and any additional	55124
evidence admitted under division (F)(2) of this section, that the	55125
order is supported by reliable, probative, and substantial	55126
evidence and is in accordance with law. In the absence of such a	55127
finding, it shall reverse, vacate, or modify the order.	55128

(4) If the court determines that the director committed	55129
material procedural error, the court shall remand the matter to	55130
the director for further consideration or action.	55131

(G) The court may award reasonable attorney's fees against	55132
the appellant if it determines that the appeal was frivolous.	55133
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	55134
apply to adjudication hearings under this section or section	55135
3702.52 of the Revised Code and judicial appeals under this	55136
section.	55137

(H) No person may intervene in an appeal brought under this	55138
section.	55139

Sec. 3702.61. In addition to the sanctions imposed under	55140
sections 3702.54, 3702.541, ~~3702.542,~~ and 3702.55 ~~and former~~	55141
~~section 3702.543~~ of the Revised Code, if any person violates	55142
section 3702.53 of the Revised Code, the attorney general may	55143
commence necessary legal proceedings in the court of common pleas	55144
of Franklin county to enjoin the person from such violation until	55145
the requirements of sections 3702.51 to 3702.62 of the Revised	55146
Code have been satisfied. At the request of the director of	55147
health, the attorney general shall commence any necessary	55148
proceedings. The court has jurisdiction to grant and, on a showing	55149
of a violation, shall grant appropriate injunctive relief.	55150

Sec. 3702.87. The director of health shall designate, as	55151
dental health resource shortage areas, areas in this state that	55152
experience special dental health problems and dentist practice	55153
patterns that limit access to dental care. The designations shall	55154
be made by rule and may apply to a geographic area, one or more	55155
facilities within a particular area, or a population group within	55156
a particular area. The director shall consider for designation as	55157
a dental health resource shortage area, any area in this state	55158
that has been designated by the United States secretary of health	55159
and human services as a health professional shortage area under	55160
Title III of the "Public Health Service Act," 58 Stat. 682 (1944),	55161
42 U.S.C. 201, as amended.	55162

Sec. 3702.89. (A) An individual who iswill not ~~receiving~~	55163
~~national health service corps tuition or student~~have an	55164
outstanding obligation for dental service to the federal	55165
government, a state, or other entity at the time of participation	55166
in the dentist loan repayment ~~assistance~~program and meets one of	55167
the following requirements may apply for participation in the	55168
dentist loan repayment program:	55169

(1) The applicant is a dental student enrolled in the final	55170
year of dental college.	55171

(2) The applicant is a dental resident in the final year of	55172
residency.	55173

(3) The applicant ~~has been engaged in the~~holds a valid	55174
license to practice of dentistry ~~for not more than three years~~	55175
~~prior to submitting the application~~issued under Chapter 4715. of	55176
the Revised Code.	55177

(B) An application for participation in the dentist loan	55178
repayment program shall be submitted to the director of health on	55179
a form the director shall prescribe. The following information	55180
shall be included or supplied:	55181

(1) The applicant's name, permanent address or address at	55182
which the applicant is currently residing if different from the	55183
permanent address, and telephone number;	55184

(2) The dental college the applicant attended or is attending	55185
~~or attended~~, dates of attendance, and verification of attendance;	55186

(3) If the applicant has completed a dental residency program	55187
or is a dental resident, the facility or institution ~~at which~~	55188
where the dental residency was completed or is being performed,	55189
and, if completed, the date of completion;	55190

(4) A summary and verification of the educational expenses	55191
for which the applicant seeks reimbursement under the program;	55192

(5) If the applicant is a dentist, verification of the	55193
applicant's license issued under Chapter 4715. of the Revised Code	55194
to practice dentistry and proof of good standing;	55195

(6) Verification of the applicant's United States citizenship	55196
or status as a legal alien.	55197

Sec. 3702.90. If funds are available in the dentist loan	55198
repayment fund created under section 3702.95 of the Revised Code	55199
and the general assembly has appropriated the funds for the	55200
program, the director of health shall approve an applicant for	55201
participation in the program on finding in accordance with the	55202
priorities established under section 3702.88 of the Revised Code	55203
that the applicant is eligible for participation and is needed in	55204
a dental health resource shortage area.	55205

On approving an application, the director shall notify and	55206
enter into discussions with the applicant. The object of the	55207
discussions is to facilitate recruitment of the applicant to a	55208
site within a dental health resource shortage area at which,	55209
according to the priorities established under section 3702.88 of	55210
the Revised Code, the applicant is needed. ~~The director may pay~~	55211
~~the costs incurred by the applicant and the applicant's spouse for~~	55212
~~travel, meals, and lodging in making one visit to one dental~~	55213
~~health resource shortage area. The director may also refer an~~	55214
~~applicant to the Ohio dental association for assistance in being~~	55215
~~recruited to a site within a dental health resource shortage area~~	55216
~~at which the applicant will agree to be placed.~~	55217

If the director and applicant agree on the applicant's	55218
placement at a particular site within a dental health resource	55219
shortage area, the applicant shall sign and deliver to the	55220
director a letter of intent agreeing to that placement.	55221

Sec. 3702.91. (A) An individual who has signed a letter of	55222
intent under section 3702.90 of the Revised Code may enter into a	55223
contract with the director of health for participation in the	55224
dentist loan repayment program. ~~A lending institution~~The	55225
dentist's employer or other funding source may also be a party to	55226
the contract.	55227

(B) The contract shall include all of the following	55228
obligations:	55229

(1) The individual agrees to provide dental services in the	55230
dental health resource shortage area identified in the letter of	55231
intent for at least ~~one year~~two years.	55232

(2) When providing dental services in the dental health	55233
resource shortage area, the individual agrees to do all of the	55234
following:	55235

(a) Provide dental services for a minimum of forty hours per	55236
week;	55237

(b) Provide dental services without regard to a patient's	55238
ability to pay;	55239

(c) Meet the conditions prescribed by the "Social Security	55240
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	55241
department of job and family services for participation in the	55242
medicaid program established under Chapter 5111. of the Revised	55243
Code and enter into a contract with the department to provide	55244
dental services to medicaid recipients.	55245

(3) The department of health agrees, as provided in section	55246
3702.85 of the Revised Code, to repay, so long as the individual	55247
performs the service obligation agreed to under division (B)(1)	55248
of this section, all or part of the principal and interest of a	55249
government or other educational loan taken by the individual for	55250
expenses described in section 3702.85 of the Revised Code ~~up to~~	55251
~~but not exceeding twenty thousand dollars per year of service~~.	55252

(4) The individual agrees to pay the department of health	55253
~~the following as damages~~an amount established by rules adopted	55254
under section 3702.86 of the Revised Code, if the individual fails	55255
to complete the service obligation agreed to under division	55256
(B)(1) of this section:	55257

~~(a) If the failure occurs during the first two years of the~~	55258
~~service obligation, three times the total amount the department~~	55259
~~has agreed to repay under division (B)(3) of this section;~~	55260

~~(b) If the failure occurs after the first two years of the~~	55261
~~service obligation, three times the amount the department is~~	55262
~~still obligated to repay under division (B)(3) of this section~~.	55263

(C) The contract may include any other terms agreed upon by	55264
the parties~~, including an assignment to the department of health~~	55265
~~of the individual's duty to pay the principal and interest of a~~	55266
~~government or other educational loan taken by the individual for~~	55267
~~expenses described in section 3702.85 of the Revised Code. If the~~	55268
~~department assumes the individual's duty to pay a loan, the~~	55269
~~contract shall set forth the total amount of principal and~~	55270
~~interest to be paid, an amortization schedule, and the amount of~~	55271
~~each payment to be made under the schedule~~.	55272

(D) Not later than the thirty-first day of January of each	55273
year, the department of health shall mail to each individual to	55274
whom or on whose behalf repayment is made under the dentist loan	55275
repayment program a statement showing the amount of principal and	55276
interest repaid by the department pursuant to the contract in the	55277
preceding year. The statement shall be sent by ordinary mail with	55278
address correction and forwarding requested in the manner	55279
prescribed by the United States postal service.	55280

Sec. 3702.92. There is hereby created the dentist loan	55281
repayment advisory board. The board shall consist of the following	55282
members:	55283

(A) ~~One member~~Two members of the house of representatives,	55284
one from each political party, appointed by the speaker of the	55285
house of representatives;	55286

(B) ~~One member~~Two members of the senate, one from each	55287
political party, appointed by the president of the senate;	55288

(C) A representative of the board of regents, appointed by	55289
the chancellor;	55290

(D) The director of health or an employee of the department	55291
of health designated by the director;	55292

(E) ~~Three~~Four representatives of the dental profession,	55293
appointed by the governor from persons nominated by the Ohio	55294
dental association.	55295

Terms of office of the appointed members shall be two years,	55296
with each term commencing on the twenty-eighth day of January and	55297
ending on the twenty-seventh day of January of the second year	55298
after appointment. The governor ~~shall appoint the dental~~	55299
~~profession representatives not later than ninety days after~~	55300
~~October 29, 2003. The terms of all members shall commence~~	55301
~~ninety-one days after October 29, 2003. Of the initial~~	55302
~~appointments made by the governor, two shall serve a term of one~~	55303
~~year and one shall serve a term of two years. The initial~~	55304
~~appointment made by the~~, speaker of the house of representatives	55305
~~shall be for a term of one year. The initial appointment made by~~	55306
~~the~~, and president of the senate shall ~~be for a term of two years~~	55307
make each of their respective appointments not later than the	55308
twenty-seventh day of January of the year in which the term of the	55309
member being appointed is to commence. Each member shall hold	55310
office from the date of appointment until the end of the term for	55311
which the member was appointed, except that a legislative member	55312
ceases to be a member of the board on ceasing to be a member of	55313
the general assembly. No person shall be appointed to the board	55314
for more than two consecutive terms.	55315

Vacancies shall be filled in the manner prescribed for the	55316
original appointment. A member appointed to fill a vacancy	55317
occurring prior to the expiration of the term for which the	55318
member's predecessor was appointed shall hold office for the	55319
remainder of that term. A member shall continue in office	55320
subsequent to the expiration of the member's term until a	55321
successor takes office or until sixty days have elapsed, whichever	55322
occurs first. ~~No person shall be appointed to the board for more~~	55323
~~than two consecutive terms. Thereafter, terms of office shall be~~	55324
~~two years. Each member shall hold office from the date of~~	55325
~~appointment until the end of the term for which the member was~~	55326
~~appointed, except that a legislative member ceases to be a member~~	55327
~~of the board on ceasing to be a member of the general assembly.~~	55328

The governor, speaker, or president may remove a member for	55329
whom the governor, speaker, or president was the appointing	55330
authority, for misfeasance, malfeasance, or willful neglect of	55331
duty.	55332

The board shall designate a member to serve as chairperson of	55333
the board.	55334

The board shall meet at least once annually. The chairperson	55335
shall call special meetings as needed or upon the request of four	55336
members.	55337

~~Four~~Six members of the board constitute a quorum to transact	55338
and vote on all business coming before the board.	55339

Members of the board shall serve without compensation~~, but~~	55340
~~may be reimbursed for reasonable and necessary expenses incurred~~	55341
~~in the discharge of their duties~~.	55342

The department of health shall provide the board with staff	55343
assistance as requested by the board.	55344

Sec. 3702.93. The dentist loan repayment advisory board shall	55345
determine the amounts that will be paid as loan repayments on	55346
behalf of participants in the dentist loan repayment program. No	55347
In the first and second years, no repayment shall exceed ~~twenty~~	55348
twenty-five thousand dollars in ~~any~~each year~~, except that if~~. In	55349
the third and fourth years, no repayment shall exceed thirty-five	55350
thousand dollars in each year. If, however, a repayment results in	55351
an increase in the participant's federal, state, or local income	55352
tax liability, the department of health, at the participant's	55353
request and with the approval of the director of health, may	55354
reimburse the participant for the increased tax liability,	55355
regardless of the amount of the repayment in that year. ~~Total~~	55356
~~repayment on behalf of a participant shall not exceed eighty~~	55357
~~thousand dollars over the time of participation in the program.~~	55358

Sec. 3702.94. The dentist loan repayment advisory board,	55359
annually on or before the first day of March, shall submit a	55360
report to the governor and general assembly describing the	55361
operations of the dentist loan repayment program during the	55362
previous calendar year. The report shall include information about	55363
all of the following:	55364

(A) The number of requests received by the director of health	55365
that a particular area be designated as a dental health resource	55366
shortage area;	55367

(B) The areas that have been designated as dental health	55368
resource shortage areas and the priorities that have been assigned	55369
to them;	55370

(C) The number of applicants for participation in the dentist	55371
loan repayment program;	55372

(D) The number of dentists assigned to dental health resource	55373
shortage areas and the payments made on behalf of those dentists	55374
under the dentist loan repayment program;	55375

(E) The dental health resource shortage areas that have not	55376
been matched with all of the dentists they need;	55377

(F) The number of dentists failing to complete their service	55378
obligations, the amount of damages owed, and the amount of damages	55379
collected.	55380

Sec. 3703.01. (A) Except as otherwise provided in this	55381
section, the division of ~~industrial compliance~~labor in the	55382
department of commerce shall do all of the following:	55383

(1) Inspect all nonresidential buildings within the meaning	55384
of section 3781.06 of the Revised Code;	55385

(2) Condemn all unsanitary or defective plumbing that is	55386
found in connection with those places;	55387

(3) Order changes in plumbing necessary to insure the safety	55388
of the public health.	55389

(B)(1)(a) The division of ~~industrial compliance~~labor, boards	55390
of health of city and general health districts, and county	55391
building departments shall not inspect plumbing or collect fees	55392
for inspecting plumbing in particular types of buildings in any	55393
municipal corporation that is certified by the board of building	55394
standards under section 3781.10 of the Revised Code to exercise	55395
enforcement authority for plumbing in those types of buildings.	55396

(b) The division shall not inspect plumbing or collect fees	55397
for inspecting plumbing in particular types of buildings in any	55398
health district that employs one or more plumbing inspectors	55399
certified pursuant to division (D) of this section to enforce	55400
Chapters 3781. and 3791. of the Revised Code and the rules adopted	55401
pursuant to those chapters relating to plumbing in those types of	55402
buildings.	55403

(c) The division shall not inspect plumbing or collect fees	55404
for inspecting plumbing in particular types of buildings in any	55405
health district where the county building department is	55406
authorized to inspect those types of buildings pursuant to a	55407
contract described in division (C)(1) of this section.	55408

(d) The division shall not inspect plumbing or collect fees	55409
for inspecting plumbing in particular types of buildings in any	55410
health district where the board of health has entered into a	55411
contract with the board of health of another district to conduct	55412
inspections pursuant to division (C)(2) of this section.	55413

(2) No county building department shall inspect plumbing or	55414
collect fees for inspecting plumbing in any type of building in a	55415
health district unless the department is authorized to inspect	55416
that type of building pursuant to a contract described in division	55417
(C)(1) of this section.	55418

(3) No municipal corporation shall inspect plumbing or	55419
collect fees for inspecting plumbing in types of buildings for	55420
which it is not certified by the board of building standards	55421
under section 3781.10 of the Revised Code to exercise enforcement	55422
authority.	55423

(4) No board of health of a health district shall inspect	55424
plumbing or collect fees for inspecting plumbing in types of	55425
buildings for which it does not have a plumbing inspector	55426
certified pursuant to division (D) of this section.	55427

(C)(1) The board of health of a health district may enter	55428
into a contract with a board of county commissioners to authorize	55429
the county building department to inspect plumbing in buildings	55430
within the health district. The contract may designate that the	55431
department inspect either residential or nonresidential buildings,	55432
as those terms are defined in section 3781.06 of the Revised Code,	55433
or both types of buildings, so long as the department employs or	55434
contracts with a plumbing inspector certified pursuant to	55435
division (D) of this section to inspect the types of buildings	55436
the contract designates. The board of health may enter into a	55437
contract regardless of whether the health district employs any	55438
certified plumbing inspectors to enforce Chapters 3781. and	55439
3791. of the Revised Code.	55440

(2) The board of health of a health district, regardless of	55441
whether it employs any certified plumbing inspectors to enforce	55442
Chapters 3781. and 3791. of the Revised Code, may enter into a	55443
contract with the board of health of another health district to	55444
authorize that board to inspect plumbing in buildings within the	55445
contracting board's district. The contract may designate the	55446
inspection of either residential or nonresidential buildings as	55447
defined in section 3781.06 of the Revised Code, or both types of	55448
buildings, so long as the board that performs the inspections	55449
employs a plumbing inspector certified pursuant to division (D) of	55450
this section to inspect the types of buildings the contract	55451
designates.	55452

(D) The superintendent of ~~industrial compliance~~labor shall	55453
adopt rules prescribing minimum qualifications based on education,	55454
training, experience, or demonstrated ability, that the	55455
superintendent shall use in certifying or recertifying plumbing	55456
inspectors to do plumbing inspections for health districts and	55457
county building departments that are authorized to perform	55458
inspections pursuant to a contract under division (C)(1) of this	55459
section, and for continuing education of plumbing inspectors.	55460
Those minimum qualifications shall be related to the types of	55461
buildings for which a person seeks certification.	55462

(E) The superintendent may enter into reciprocal	55463
registration, licensure, or certification agreements with other	55464
states and other agencies of this state relative to plumbing	55465
inspectors if both of the following apply:	55466

(1) The requirements for registration, licensure, or	55467
certification of plumbing inspectors under the laws of the other	55468
state or laws administered by the other agency are substantially	55469
equal to the requirements the superintendent adopts under division	55470
(D) of this section for certifying plumbing inspectors.	55471

(2) The other state or agency extends similar reciprocity to	55472
persons certified under this chapter.	55473

(F) The superintendent may select and contract with one or	55474
more persons to do all of the following regarding examinations for	55475
certification of plumbing inspectors:	55476

(1) Prepare, administer, score, and maintain the	55477
confidentiality of the examination;	55478

(2) Maintain responsibility for all expenses required to	55479
comply with division (F)(1) of this section;	55480

(3) Charge each applicant a fee for administering the	55481
examination in an amount the superintendent authorizes;	55482

(4) Design the examination for certification of plumbing	55483
inspectors to determine an applicant's competence to inspect	55484
plumbing.	55485

(G) Standards and methods prescribed in local plumbing	55486
regulations shall not be less than those prescribed in Chapters	55487
3781. and 3791. of the Revised Code and the rules adopted pursuant	55488
to those chapters.	55489

(H) Notwithstanding any other provision of this section, the	55490
division shall make a plumbing inspection of any building or	55491
other place that there is reason to believe is in a condition to	55492
be a menace to the public health.	55493

Sec. 3703.03. In the administration of sections 3703.01 to	55494
~~3703.09~~3703.08 of the Revised Code, the division of ~~industrial~~	55495
~~compliance~~labor shall enforce rules governing plumbing adopted	55496
by the board of building standards under authority of sections	55497
3781.10 and 3781.11 of the Revised Code, and register those	55498
persons engaged in or at the plumbing business.	55499

Plans and specifications for all plumbing to be installed in	55500
or for buildings coming within such sections shall be submitted to	55501
and approved by the division before the contract for plumbing is	55502
let.	55503

Sec. 3703.04. The superintendent of ~~industrial compliance~~	55504
labor shall appoint such number of plumbing inspectors as is	55505
required. The inspectors shall be practical plumbers with at least	55506
seven years' experience, and skilled and well-trained in matters	55507
pertaining to sanitary regulations concerning plumbing work.	55508

Sec. 3703.05. Plumbing inspectors employed by the division	55509
of ~~industrial compliance~~labor assigned to the enforcement of	55510
sections 3703.01 to ~~3703.09~~3703.08 of the Revised Code may,	55511
between sunrise and sunset, enter any building where there is good	55512
and sufficient reason to believe that the sanitary condition of	55513
the premises endangers the public health, for the purpose of	55514
making an inspection to ascertain the condition of the premises.	55515

Sec. 3703.06. When any building is found to be in a sanitary	55516
condition or when changes which are ordered, under authority of	55517
this chapter, in the plumbing, drainage, or ventilation have been	55518
made, and after a thorough inspection and approval by the	55519
superintendent of ~~industrial compliance~~labor, the superintendent	55520
shall issue a certificate, which shall be posted in a conspicuous	55521
place for the benefit of the public at large. Upon notification by	55522
the superintendent, the certificate shall be revoked for any	55523
violation of those sections.	55524

Sec. 3703.07. No plumbing work shall be done in any building	55525
or place coming within the jurisdiction of the division of	55526
~~industrial compliance~~labor, except in cases of repairs or leaks	55527
in existing plumbing, until a permit has been issued by the	55528
division.	55529

Before granting such permit, an application shall be made by	55530
the owner of the property or by the person, firm, or corporation	55531
which is to do the work. The application shall be made on a form	55532
prepared by the division for the purpose, and each application	55533
shall be accompanied by a fee of twenty-seven dollars, and an	55534
additional fee of seven dollars for each trap, vented fixture,	55535
appliance, or device. Each application also shall be accompanied	55536
by a plan approval fee of eighteen dollars for work containing one	55537
through twenty fixtures; thirty-six dollars for work containing	55538
twenty-one through forty fixtures; and fifty-four dollars for work	55539
containing forty-one or more fixtures.	55540

Whenever a reinspection is made necessary by the failure of	55541
the applicant or plumbing contractor to have the work ready for	55542
inspection when so reported, or by reason of faulty or improper	55543
installation, the person shall pay a fee of forty-five dollars for	55544
each reinspection.	55545

All fees collected pursuant to this section shall be paid	55546
into the state treasury to the credit of the ~~industrial compliance~~	55547
labor operating fund created in section 121.084 of the Revised	55548
Code.	55549

The superintendent of ~~industrial compliance~~labor, by rule	55550
adopted in accordance with Chapter 119. of the Revised Code, may	55551
increase the fees required by this section and may establish fees	55552
to pay the costs of the division to fulfill its duties established	55553
by this chapter, including, but not limited to, fees for	55554
administering a program for continuing education for, and	55555
certifying and recertifying plumbing inspectors. The fees shall	55556
bear some reasonable relationship to the cost of administering and	55557
enforcing the provisions of this chapter.	55558

Sec. 3703.08. Any owner, agent, or manager of a building in	55559
which an inspection is made by the division of ~~industrial~~	55560
~~compliance~~labor, a board of health of a health district, or a	55561
certified department of building inspection of a municipal	55562
corporation or a county shall have the entire system of drainage	55563
and ventilation repaired, as the division, board of health, or	55564
department of building inspection directs by its order. After due	55565
notice to repair that work is given, the owner, agent, or manager	55566
shall notify the public authority that issued the order when the	55567
work is ready for its inspection. No person shall fail to have	55568
the work ready for inspection at the time specified in the	55569
notice.	55570

Sec. 3703.10. All prosecutions and proceedings by the	55571
division of ~~industrial compliance~~labor for the violation of	55572
sections 3703.01 to ~~3703.09~~3703.08 of the Revised Code, or for	55573
the violation of any of the orders or rules of the division under	55574
those sections, shall be instituted by the superintendent of	55575
~~industrial compliance~~labor. All fines or judgments collected by	55576
the division shall be paid into the state treasury to the credit	55577
of the ~~industrial compliance~~labor operating fund created by	55578
section 121.084 of the Revised Code.	55579

The superintendent, the board of health of a general or city	55580
health district, or any person charged with enforcing the rules of	55581
the division adopted under sections 3703.01 to ~~3703.09~~3703.08 of	55582
the Revised Code may petition the court of common pleas for	55583
injunctive or other appropriate relief requiring any person	55584
violating a rule adopted or order issued by the superintendent	55585
under those sections to comply with the rule or order. The court	55586
of common pleas of the county in which the offense is alleged to	55587
be occurring may grant injunctive or other appropriate relief.	55588

The superintendent may do all of the following:

55589

(A) Deny an applicant certification as a plumbing inspector;

55590

(B) Suspend or revoke the certification of a plumbing	55591
inspector;	55592

55593

(D) Examine the records and books of any certified plumbing	55594
inspector if the superintendent finds the material to be examined	55595
relevant to a determination described in division (A), (B), or (C)	55596
of this section.	55597

Sec. 3703.21. (A) Within ninety days after ~~the effective~~	55598
~~date of this section~~September 16, 2004, the superintendent of ~~the~~	55599
~~division of industrial compliance~~labor shall appoint a backflow	55600
advisory board consisting of not more than ten members, who shall	55601
serve at the pleasure of the superintendent. The superintendent	55602
shall appoint a representative from the plumbing section of the	55603
division of ~~industrial compliance~~labor, three representatives	55604
recommended by the plumbing administrator of the division of	55605
~~industrial compliance~~labor, a representative of the drinking	55606
water program of the Ohio environmental protection agency, three	55607
representatives recommended by the director of environmental	55608
protection, and not more than two members who are not employed by	55609
the plumbing or water industry.	55610

The board shall advise the superintendent on matters	55611
pertaining to the training and certification of backflow	55612
technicians.	55613

(B) The superintendent shall adopt rules in accordance with	55614
Chapter 119. of the Revised Code to provide for the certification	55615
of backflow technicians. The rules shall establish all of the	55616
following requirements, specifications, and procedures:	55617

(1) Requirements and procedures for the initial certification	55618
of backflow technicians, including eligibility criteria and	55619
application requirements and fees;	55620

(2) Specifications concerning and procedures for taking	55621
examinations required for certification as a backflow technician,	55622
including eligibility criteria to take the examination and	55623
application requirements and fees for taking the examination;	55624

(3) Specifications concerning and procedures for renewing a	55625
certification as a backflow technician, including eligibility	55626
criteria, application requirements, and fees for renewal;	55627

(4) Specifications concerning and procedures for both of the	55628
following:	55629

(a) Approval of training agencies authorized to teach	55630
required courses to candidates for certification as backflow	55631
technicians or continuing education courses to certified backflow	55632
technicians;	55633

(b) Renewal of the approval described in division (B)(4)(a)	55634
of this section.	55635

(5) Education requirements that candidates for initial	55636
certification as backflow technicians must satisfy and continuing	55637
education requirements that certified backflow technicians must	55638
satisfy;	55639

(6) Grounds and procedures for denying, suspending, or	55640
revoking certification, or denying the renewal of certification,	55641
as a backflow technician;	55642

(7) Procedures for issuing administrative orders for the	55643
remedy of any violation of this section or any rule adopted	55644
pursuant to division (B) of this section, including, but not	55645
limited to, procedures for assessing a civil penalty authorized	55646
under division (D) of this section;	55647

(8) Any provision the superintendent determines is necessary	55648
to administer or enforce this section.	55649

(C) No individual shall engage in the installation, testing,	55650
or repair of any isolation backflow prevention device unless that	55651
individual possesses a valid certification as a backflow	55652
technician. This division does not apply with respect to the	55653
installation, testing, or repair of any containment backflow	55654
prevention device.	55655

(D) Whoever violates division (C) of this section or any rule	55656
adopted pursuant to division (B) of this section shall pay a civil	55657
penalty of not more than five thousand dollars for each day that	55658
the violation continues. The superintendent may, by order, assess	55659
a civil penalty under this division, or may request the attorney	55660
general to bring a civil action to impose the civil penalty in the	55661
court of common pleas of the county in which the violation	55662
occurred or where the violator resides.	55663

(E) Any action taken under a rule adopted pursuant to	55664
division (B)(6) of this section is subject to the appeal process	55665
of Chapter 119. of the Revised Code. An administrative order	55666
issued pursuant to rules adopted under division (B)(7) of this	55667
section and an appeal to that type of administrative order shall	55668
be executed in accordance with Chapter 119. of the Revised Code.	55669

(F) As used in this section:

55670

(1) "Isolation backflow prevention device" means a device for	55671
the prevention of the backflow of liquids, solids, or gases that	55672
is regulated by the building code adopted pursuant to section	55673
3781.10 of the Revised Code and rules adopted pursuant to this	55674
section.	55675

(2) "Containment backflow prevention device" means a device	55676
for the prevention of the backflow of liquids, solids, or gases	55677
that is installed by the supplier of, or as a requirement of, any	55678
public water system as defined in division (A) of section 6109.01	55679
of the Revised Code.	55680

Sec. 3703.99. Whoever violates sections 3703.01 to ~~3703.09~~	55681
3703.08 of the Revised Code, or any rule the division of	55682
~~industrial compliance~~labor is required to enforce under such	55683
sections, shall be fined not less than ten nor more than one	55684
hundred dollars or imprisoned for not less than ten nor more than	55685
ninety days, or both. No person shall be imprisoned under this	55686
section for the first offense, and the prosecution always shall be	55687
as for a first offense unless the affidavit upon which the	55688
prosecution is instituted contains the allegation that the offense	55689
is a second or repeated offense.	55690

Sec. 3704.14. (A) ~~The director of environmental protection~~	55691
~~shall continue to implement an enhanced motor vehicle inspection~~	55692
~~and maintenance program for a period of two years beginning on~~	55693
~~January 1, 2006, and ending on December 31, 2007, in counties in~~	55694
~~which a motor vehicle inspection and maintenance program is~~	55695
~~federally mandated. The program shall be substantially similar to~~	55696
~~the enhanced program implemented in those counties under a~~	55697
~~contract that is scheduled to expire on December 31, 2005. The~~(1)	55698
If the director of environmental protection determines that	55699
implementation of a motor vehicle inspection and maintenance	55700
program is necessary for the state to effectively comply with the	55701
federal Clean Air Act after June 30, 2009, the director may	55702
provide for the implementation of the program in those counties in	55703
this state in which such a program is federally mandated. Upon	55704
making such a determination, the director of environmental	55705
protection may request the director of administrative services to	55706
extend the terms of the contract that was entered into under the	55707
authority of Section 7 of Am. Sub. H.B. 24 of the 127th general	55708
assembly. Upon receiving the request, the director of	55709
administrative services shall extend the contract, beginning on	55710
July 1, 2009, in accordance with this section. The contract shall	55711
be extended for a period of up to six months with the contractor	55712
who conducted the motor vehicle inspection and maintenance program	55713
under that contract.	55714

(2) Prior to the expiration of the contract extension that is	55715
authorized by division (A)(1) of this section, the director of	55716
environmental protection may request the director of	55717
administrative services to enter into a contract with a vendor to	55718
operate a motor vehicle inspection and maintenance program in each	55719
county in this state in which such a program is federally mandated	55720
through June 30, 2011, with an option for the state to renew the	55721
contract through June 30, 2012. The contract shall ensure that the	55722
motor vehicle inspection and maintenance program achieve at least	55723
the same ozone precursor reductions as achieved by the program	55724
operated under the authority of the contract that was extended	55725
under division (A)(1) of this section. The director of	55726
administrative services shall select a vendor through a	55727
competitive selection process in compliance with Chapter 125. of	55728
the Revised Code.	55729

(3) A motor vehicle inspection and maintenance program	55730
operated under this section shall comply with division (B) of this	55731
section. The director of environmental protection shall administer	55732
the motor vehicle inspection and maintenance program operated	55733
under this section.	55734

(B) The motor vehicle inspection and maintenance program	55735
authorized by this section, at a minimum, shall do all of the	55736
following:	55737

(1) Comply with the federal Clean Air Act;

55738

(2) ~~Provide for the extension of a contract for a period of~~	55739
~~two years, beginning on January 1, 2006, and ending on December~~	55740
~~31, 2007, with the contractor who conducted the enhanced motor~~	55741
~~vehicle inspection and maintenance program in those federally~~	55742
~~mandated counties pursuant to a contract entered into under former~~	55743
~~section 3704.14 of the Revised Code as that section existed prior~~	55744
~~to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th~~	55745
~~General Assembly;~~	55746

~~(3)~~ Provide for the issuance of inspection certificates;

55747

~~(4)~~(3) Provide for a new car exemption for motor vehicles	55748
four years old or newer and provide that a new motor vehicle is	55749
exempt for four years regardless of whether legal title to the	55750
motor vehicle is transferred during that period.	55751

~~(B)~~(C) The director of environmental protection shall not	55752
implement a motor vehicle inspection and maintenance program in	55753
any county other than a county in which a motor vehicle	55754
inspection and maintenance program is federally mandated.	55755

~~(C)~~(D) The director of environmental protection shall adopt	55756
rules in accordance with Chapter 119. of the Revised Code that	55757
the director determines are necessary to implement this section.	55758
The director may continue to implement and enforce rules	55759
pertaining to the ~~enhanced~~ motor vehicle inspection and	55760
maintenance program previously implemented under former section	55761
3704.14 of the Revised Code as that section existed prior to its	55762
repeal and reenactment by Am. Sub. H.B. 66 of the 126th general	55763
assembly, provided that the rules do not conflict with this	55764
section.	55765

~~(D)~~(E) There is hereby created in the state treasury the	55766
~~motor vehicle inspection and maintenance~~auto emissions test fund,	55767
which shall consist of money ~~received by the director~~of	55768
environmental protection from any ~~fees for inspections that are~~	55769
~~established in rules adopted~~cash transfers, state and local	55770
grants, and other contributions that are received for the purpose	55771
of funding the program established under this section. The	55772
director shall use money in the fund solely for the	55773
implementation, supervision, administration, operation, and	55774
enforcement of the ~~enhanced~~ motor vehicle inspection and	55775
maintenance program established under this section. Money in the	55776
fund shall not be used for either of the following:	55777

(1) To pay for the inspection costs incurred by a motor	55778
vehicle dealer so that the dealer may provide inspection	55779
certificates to an individual purchasing a motor vehicle from the	55780
dealer when that individual resides in a county that is subject to	55781
the motor vehicle inspection and maintenance program;	55782

(2) To provide payment for more than one free passing	55783
emissions inspection or a total of three emissions inspections for	55784
a motor vehicle in any three-hundred-sixty-five day period. The	55785
owner or lessee of a motor vehicle is responsible for inspection	55786
fees that are related to emissions inspections beyond one free	55787
passing emissions inspection or three total emissions inspections	55788
in any three-hundred-sixty-five day period. Inspection fees that	55789
are charged by a contractor conducting emissions inspections under	55790
a motor vehicle inspection and maintenance program shall be	55791
approved by the director of environmental protection.	55792

~~(E)~~(F) The ~~enhanced~~ motor vehicle inspection and maintenance	55793
program established under this section expires ~~on December 31,~~	55794
~~2007,~~upon the termination of all contracts entered into under	55795
this section and shall not be ~~continued~~implemented beyond ~~that~~	55796
the final date on which termination occurs unless otherwise	55797
federally mandated.	55798

Sec. 3704.144. Gifts, grants, and contributions for the	55799
purpose of adding pollution control equipment to diesel-powered	55800
school buses, including contributions that are made pursuant to	55801
the settlement of an administrative action or civil action that is	55802
brought at the request of the director of environmental protection	55803
pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the	55804
Revised Code, shall be credited to the clean diesel school bus	55805
fund, which is hereby created in the state treasury. The director	55806
shall use money credited to the fund to make grants to school	55807
districts in the state and to county boards of mental retardation	55808
and developmental disabilities for the purpose of adding pollution	55809
control equipment to diesel-powered school buses and to pay the	55810
environmental protection agency's costs incurred in administering	55811
this section. In addition, the director may use money credited to	55812
the fund to make grants to school districts and to county boards	55813
of mental retardation and developmental disabilities for the	55814
purpose of maintaining pollution control equipment that is	55815
installed on diesel-powered school buses and to pay the additional	55816
cost incurred by a school district or a county board for using	55817
ultra-low sulfur diesel fuel instead of diesel fuel for the	55818
operation of diesel-powered school buses.	55819

In making grants under this section, the director shall give	55820
priority to school districts and to county boards of mental	55821
retardation and developmental disabilities that are located in a	55822
county that is designated as nonattainment by the United States	55823
environmental protection agency for the fine particulate national	55824
ambient air quality standard under the federal Clean Air Act. In	55825
addition, the director may give a higher priority to a school	55826
district or a county board of mental retardation and developmental	55827
disabilities that employs additional measures that reduce air	55828
pollution from the district's or the county board's school bus	55829
fleet.	55830

The director shall adopt rules establishing procedures and	55831
requirements that are necessary to implement this section,	55832
including procedures and requirements governing applications for	55833
grants.	55834

Sec. 3705.24. (A)(1) The public health council shall, in	55835
accordance with section 111.15 of the Revised Code, adopt rules	55836
prescribing fees for the following items or services provided by	55837
the state office of vital statistics:	55838

(a) Except as provided in division (A)(4) of this section:

55839

(i) A certified copy of a vital record or a certification of	55840
birth;	55841

(ii) A search by the office of vital statistics of its files	55842
and records pursuant to a request for information, regardless of	55843
whether a copy of a record is provided;	55844

(iii) A copy of a record provided pursuant to a request;

55845

(b) Replacement of a birth certificate following an adoption,	55846
legitimation, paternity determination or acknowledgement, or court	55847
order;	55848

55849

(d) Amendment of a vital record that is requested later than	55850
one year after the filing date of the vital record;	55851

(e) Any other documents or services for which the public	55852
health council considers the charging of a fee appropriate.	55853

(2) Fees prescribed under division (A)(1)(a) of this section	55854
shall not be less than ~~seven~~twelve dollars.	55855

(3) Fees prescribed under division (A)(1) of this section	55856
shall be collected in addition to any fees required by sections	55857
3109.14 and 3705.242 of the Revised Code.	55858

(4) Fees prescribed under division (A) of this section shall	55859
not apply to certifications issued under division (H) of this	55860
section or copies provided under section 3705.241 of the Revised	55861
Code.	55862

(B) In addition to the fees prescribed under division (A) of	55863
this section or section 3709.09 of the Revised Code, the office of	55864
vital statistics or the board of health of a city or general	55865
health district shall charge a five-dollar fee for each certified	55866
copy of a vital record and each certification of birth. This fee	55867
shall be deposited in the general operations fund created under	55868
section 3701.83 of the Revised Code and be used to support the	55869
operations, the modernization, and the automation of the vital	55870
records program in this state. A board of health shall forward	55871
all fees collected under this division to the department of	55872
health not later than thirty days after the end of each calendar	55873
quarter.	55874

(C) Except as otherwise provided in division (H) of this	55875
section, and except as provided in section 3705.241 of the Revised	55876
Code, fees collected by the director of health under sections	55877
3705.01 to 3705.29 of the Revised Code shall be paid into the	55878
state treasury to the credit of the general operations fund	55879
created by section 3701.83 of the Revised Code. Except as	55880
provided in division (B) or (I) of this section, money generated	55881
by the fees shall be used only for administration and enforcement	55882
of this chapter and the rules adopted under it. Amounts	55883
submitted to the department of health for copies of vital records	55884
or services in excess of the fees imposed by this section shall	55885
be dealt with as follows:	55886

(1) An overpayment of two dollars or less shall be retained	55887
by the department and deposited in the state treasury to the	55888
credit of the general operations fund created by section 3701.83	55889
of the Revised Code.	55890

(2) An overpayment in excess of two dollars shall be returned	55891
to the person who made the overpayment.	55892

(D) If a local registrar is a salaried employee of a city or	55893
a general health district, any fees the local registrar receives	55894
pursuant to section 3705.23 of the Revised Code shall be paid into	55895
the general fund of the city or the health fund of the general	55896
health district.	55897

Each local registrar of vital statistics, or each health	55898
district where the local registrar is a salaried employee of the	55899
district, shall be entitled to a fee for each birth, fetal death,	55900
death, or military service certificate properly and completely	55901
made out and registered with the local registrar or district and	55902
correctly copied and forwarded to the office of vital statistics	55903
in accordance with the population of the primary registration	55904
district at the last federal census. The fee for each birth, fetal	55905
death, death, or military service certificate shall be:	55906

(1) In primary registration districts of over two hundred	55907
fifty thousand, twenty cents;	55908

(2) In primary registration districts of over one hundred	55909
twenty-five thousand and less than two hundred fifty thousand,	55910
sixty cents;	55911

(3) In primary registration districts of over fifty thousand	55912
and less than one hundred twenty-five thousand, eighty cents;	55913

(4) In primary registration districts of less than fifty	55914
thousand, one dollar.	55915

(E) The director of health shall annually certify to the	55916
county treasurers of the several counties the number of birth,	55917
fetal death, death, and military service certificates registered	55918
from their respective counties with the names of the local	55919
registrars and the amounts due each registrar and health district	55920
at the rates fixed in this section. Such amounts shall be paid by	55921
the treasurer of the county in which the registration districts	55922
are located. No fees shall be charged or collected by registrars	55923
except as provided by this chapter and section 3109.14 of the	55924
Revised Code.	55925

(F) A probate judge shall be paid a fee of fifteen cents for	55926
each certified abstract of marriage prepared and forwarded by the	55927
probate judge to the department of health pursuant to section	55928
3705.21 of the Revised Code. The fee shall be in addition to the	55929
fee paid for a marriage license and shall be paid by the	55930
applicants for the license.	55931

(G) The clerk of a court of common pleas shall be paid a fee	55932
of one dollar for each certificate of divorce, dissolution, and	55933
annulment of marriage prepared and forwarded by the clerk to the	55934
department pursuant to section 3705.21 of the Revised Code. The	55935
fee for the certified abstract of divorce, dissolution, or	55936
annulment of marriage shall be added to the court costs allowed in	55937
these cases.	55938

(H) The fee for an heirloom certification of birth issued	55939
pursuant to division (B)(2) of section 3705.23 of the Revised Code	55940
shall be an amount prescribed by rule by the director of health	55941
plus any fee required by section 3109.14 of the Revised Code. In	55942
setting the amount of the fee, the director shall establish a	55943
surcharge in addition to an amount necessary to offset the expense	55944
of processing heirloom certifications of birth. The fee prescribed	55945
by the director of health pursuant to this division shall be	55946
deposited into the state treasury to the credit of the heirloom	55947
certification of birth fund which is hereby created. Money	55948
credited to the fund shall be used by the office of vital	55949
statistics to offset the expense of processing heirloom	55950
certifications of birth. However, the money collected for the	55951
surcharge, subject to the approval of the controlling board, shall	55952
be used for the purposes specified by the family and children	55953
first council pursuant to section 121.37 of the Revised Code.	55954

(I) Four dollars of each fee collected by the director of	55955
health or the board of health of a city or general health district	55956
for an item or service described in division (A)(1)(a) of this	55957
section shall be transferred to the office of vital statistics	55958
not later than thirty days after the end of each calendar quarter.	55959

Sec. 3706.04. The Ohio air quality development authority	55960
may:	55961

(A) Adopt bylaws for the regulation of its affairs and the	55962
conduct of its business;	55963

(B) Adopt an official seal;

55964

(C) Maintain a principal office and suboffices at such places	55965
within the state as it designates;	55966

(D) Sue and plead in its own name; be sued and impleaded in	55967
its own name with respect to its contracts or torts of its	55968
members, employees, or agents acting within the scope of their	55969
employment, or to enforce its obligations and covenants made under	55970
sections 3706.05, 3706.07, and 3706.12 of the Revised Code. Any	55971
such actions against the authority shall be brought in the court	55972
of common pleas of the county in which the principal office of the	55973
authority is located, or in the court of common pleas of the	55974
county in which the cause of action arose, provided such county is	55975
located within this state, and all summonses, exceptions, and	55976
notices of every kind shall be served on the authority by leaving	55977
a copy thereof at the principal office with the person in charge	55978
thereof or with the secretary-treasurer of the authority.	55979

(E) Make loans and grants to governmental agencies for the	55980
acquisition or construction of air quality projects by any such	55981
governmental agency and adopt rules and procedures for making such	55982
loans and grants;	55983

(F) Acquire, construct, reconstruct, enlarge, improve,	55984
furnish, equip, maintain, repair, operate, lease or rent to, or	55985
contract for operation by, a person or governmental agency, air	55986
quality projects, and establish rules for the use of such	55987
projects;	55988

(G) Make available the use or services of any air quality	55989
project to one or more persons, one or more governmental agencies,	55990
or any combination thereof;	55991

(H) Issue air quality revenue bonds and notes and air quality	55992
revenue refunding bonds of the state, payable solely from revenues	55993
as provided in section 3706.05 of the Revised Code, unless the	55994
bonds be refunded by refunding bonds, for the purpose of paying	55995
any part of the cost of one or more air quality projects or parts	55996
thereof;	55997

(I) Acquire by gift or purchase, hold, and dispose of real	55998
and personal property in the exercise of the powers of the	55999
authority and the performance of its duties under this chapter;	56000

(J) Acquire, in the name of the state, by purchase or	56001
otherwise, on such terms and in such manner as the authority finds	56002
proper, or by the exercise of the right of condemnation in the	56003
manner provided by section 3706.17 of the Revised Code, such	56004
public or private lands, including public parks, playgrounds, or	56005
reservations, or parts thereof or rights therein, rights-of-way,	56006
property, rights, easements, and interests as it finds necessary	56007
for carrying out this chapter, but excluding the acquisition by	56008
the exercise of the right of condemnation of any air quality	56009
facility owned by any person or governmental agency; and	56010
compensation shall be paid for public or private lands so taken;	56011

(K) Make and enter into all contracts and agreements and	56012
execute all instruments necessary or incidental to the performance	56013
of its duties and the execution of its powers under this chapter.	56014

(1) When the cost under any such contract or agreement, other	56015
than compensation for personal services, involves an expenditure	56016
of more than two thousand dollars, the authority shall make a	56017
written contract with the lowest responsive and responsible	56018
bidder, in accordance with section 9.312 of the Revised Code,	56019
after advertisement for not less than two consecutive weeks in a	56020
newspaper of general circulation in Franklin county, and in such	56021
other publications as the authority determines, which notice shall	56022
state the general character of the work and the general character	56023
of the materials to be furnished, the place where plans and	56024
specifications therefor may be examined, and the time and place of	56025
receiving bids; provided, that a contract or lease for the	56026
operation of an air quality project constructed and owned by the	56027
authority or an agreement for cooperation in the acquisition or	56028
construction of an air quality project pursuant to section 3706.12	56029
of the Revised Code or any contract for the construction of an air	56030
quality project that is to be leased by the authority to, and	56031
operated by, persons who are not governmental agencies and the	56032
cost of such project is to be amortized exclusively from rentals	56033
or other charges paid to the authority by persons who are not	56034
governmental agencies is not subject to the foregoing requirements	56035
and the authority may enter into such contract, lease, or	56036
agreement pursuant to negotiation and upon such terms and	56037
conditions and for such period as it finds to be reasonable and	56038
proper in the circumstances and in the best interests of proper	56039
operation or of efficient acquisition or construction of such	56040
project.	56041

(2) Each bid for a contract for the construction, demolition,	56042
alteration, repair, or reconstruction of an improvement shall	56043
contain the full name of every person interested in it and meet	56044
the requirements of section 153.54 of the Revised Code.	56045

(3) Each bid for a contract except as provided in division	56046
(K)(2) of this section shall contain the full name of every person	56047
interested in it and shall be accompanied by a sufficient bond or	56048
certified check on a solvent bank that if the bid is accepted a	56049
contract will be entered into and the performance thereof secured.	56050

(4) The authority may reject any and all bids.

56051

(5) A bond with good and sufficient surety, approved by the	56052
authority, shall be required of every contractor awarded a	56053
contract except as provided in division (K)(2) of this section, in	56054
an amount equal to at least fifty per cent of the contract price,	56055
conditioned upon the faithful performance of the contract.	56056

(L) Employ managers, superintendents, and other employees and	56057
retain or contract with consulting engineers, financial	56058
consultants, accounting experts, architects, attorneys, and such	56059
other consultants and independent contractors as are necessary in	56060
its judgment to carry out this chapter, and fix the compensation	56061
thereof. All expenses thereof shall be payable solely from the	56062
proceeds of air quality revenue bonds or notes issued under this	56063
chapter, from revenues, or from funds appropriated for such	56064
purpose by the general assembly.	56065

(M) Receive and accept from any federal agency, subject to	56066
the approval of the governor, grants for or in aid of the	56067
construction of any air quality project or for research and	56068
development with respect to air quality facilities, and receive	56069
and accept aid or contributions from any source of money,	56070
property, labor, or other things of value, to be held, used, and	56071
applied only for the purposes for which such grants and	56072
contributions are made;	56073

(N) Engage in research and development with respect to air	56074
quality facilities;	56075

(O) Purchase fire and extended coverage and liability	56076
insurance for any air quality project and for the principal office	56077
and suboffices of the authority, insurance protecting the	56078
authority and its officers and employees against liability for	56079
damage to property or injury to or death of persons arising from	56080
its operations, and any other insurance the authority may agree to	56081
provide under any resolution authorizing its air quality revenue	56082
bonds or in any trust agreement securing the same;	56083

(P) Charge, alter, and collect rentals and other charges for	56084
the use or services of any air quality project as provided in	56085
section 3706.13 of the Revised Code;	56086

(Q) Develop energy initiatives, projects, and policy for the	56087
state in accordance with section 3706.35 of the Revised Code;	56088

(R) Provide coverage for its employees under Chapters 145.,	56089
4123., and 4141. of the Revised Code;	56090

~~(R)~~(S) Do all acts necessary or proper to carry out the	56091
powers expressly granted in this chapter.	56092

Any instrument by which real property is acquired pursuant to	56093
this section shall identify the agency of the state that has the	56094
use and benefit of the real property as specified in section	56095
5301.012 of the Revised Code.	56096

Sec. 3706.25. As used in sections 3706.25 to 3706.30 of the	56097
Revised Code:	56098

(A) "Advanced energy project" means any technologies,	56099
products, activities, or management practices or strategies that	56100
facilitate the generation or use of electricity or energy and that	56101
reduce or support the reduction of energy consumption or support	56102
the production of clean, renewable energy for industrial,	56103
distribution, commercial, institutional, governmental, research,	56104
not-for-profit, or residential energy users including, but not	56105
limited to, advanced energy resources and renewable energy	56106
resources. "Advanced energy project" includes any project	56107
described in division (A), (B), or (C) of section 4928.621 of the	56108
Revised Code.	56109

(B) "Advanced energy resource" means any of the following:

56110

(1) Any method or any modification or replacement of any	56111
property, process, device, structure, or equipment that increases	56112
the generation output of an electric generating facility to the	56113
extent such efficiency is achieved without additional carbon	56114
dioxide emissions by that facility;	56115

(2) Any distributed generation system consisting of customer	56116
cogeneration of electricity and thermal output simultaneously,	56117
primarily to meet the energy needs of the customer's facilities;	56118

(3) Advanced nuclear energy technology consisting of	56119
generation III technology as defined by the nuclear regulatory	56120
commission; other, later technology; or significant improvements	56121
to existing facilities;	56122

(4) Any fuel cell used in the generation of electricity,	56123
including, but not limited to, a proton exchange membrane fuel	56124
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	56125
solid oxide fuel cell;	56126

(5) Advanced solid waste or construction and demolition	56127
debris conversion technology, including, but not limited to,	56128
advanced stoker technology, and advanced fluidized bed	56129
gasification technology, that results in measurable greenhouse	56130
gas emissions reductions as calculated pursuant to the United	56131
States environmental protection agency's waste reduction model	56132
(WARM).	56133

(C) "Renewable energy resource" means solar photovoltaic or	56134
solar thermal energy, wind energy, power produced by a	56135
hydroelectric facility, geothermal energy, fuel derived from	56136
solid wastes, as defined in section 3734.01 of the Revised Code,	56137
through fractionation, biological decomposition, or other	56138
process that does not principally involve combustion, biomass	56139
energy, biologically derived methane gas, methane gas emitted	56140
from an abandoned coal mine, or energy derived from nontreated	56141
by-products of the pulping process or wood manufacturing	56142
process, including bark, wood chips, sawdust, and lignin in	56143
spent pulping liquors. "Renewable energy resource" includes,	56144
but is not limited to, any fuel cell used in the generation	56145
of electricity, including, but not limited to, a proton	56146
exchange membrane fuel cell, phosphoric acid fuel cell, molten	56147
carbonate fuel cell, or solid oxide fuel cell; wind turbine	56148
located in the state's territorial waters of Lake Erie; storage	56149
facility that will promote the better utilization of a renewable	56150
energy resource that primarily generates off peak; or	56151
distributed generation system used by a customer to generate	56152
electricity from any such energy. As used in this division,	56153
"hydroelectric facility" means a hydroelectric generating	56154
facility that is located at a dam on a river, or on any water	56155
discharged to a river, that is within or bordering this state	56156
or within or bordering an adjoining state and meets all of the	56157
following standards:	56158

(1) The facility provides for river flows that are not	56159
detrimental for fish, wildlife, and water quality, including	56160
seasonal flow fluctuations as defined by the applicable licensing	56161
agency for the facility.	56162

(2) The facility demonstrates that it complies with the	56163
water quality standards of this state, which compliance may	56164
consist of certification under Section 401 of the "Clean Water	56165
Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and	56166
demonstrates that it has not contributed to a finding by this	56167
state that the river has impaired water quality under Section	56168
303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33	56169
U.S.C. 1313.	56170

(3) The facility complies with mandatory prescriptions	56171
regarding fish passage as required by the federal energy	56172
regulatory commission license issued for the project, regarding	56173
fish protection for riverine, anadromous, and catadromus fish.	56174

(4) The facility complies with the recommendations of the	56175
Ohio environmental protection agency and with the terms of its	56176
federal energy regulatory commission license regarding watershed	56177
protection, mitigation, or enhancement, to the extent of each	56178
agency's respective jurisdiction over the facility.	56179

(5) The facility complies with provisions of the "Endangered	56180
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	56181
amended.	56182

(6) The facility does not harm cultural resources of the	56183
area. This can be shown through compliance with the terms of its	56184
federal energy regulatory commission license or, if the facility	56185
is not regulated by that commission, through development of a plan	56186
approved by the Ohio historic preservation office, to the extent	56187
it has jurisdiction over the facility.	56188

(7) The facility complies with the terms of its federal	56189
energy regulatory commission license or exemption that are related	56190
to recreational access, accommodation, and facilities or, if the	56191
facility is not regulated by that commission, the facility	56192
complies with similar requirements as are recommended by	56193
resource agencies, to the extent they have jurisdiction over the	56194
facility; and the facility provides access to water to the	56195
public without fee or charge.	56196

(8) The facility is not recommended for removal by any	56197
federal agency or agency of any state, to the extent the	56198
particular agency has jurisdiction over the facility.	56199

Sec. 3706.35. The Ohio air quality development authority	56200
shall establish the energy strategy development program for the	56201
purpose of developing energy initiatives, projects, and policy for	56202
the state. Issues addressed by such initiatives, projects, and	56203
policy shall not be limited to those governed by this chapter.	56204

There is hereby created in the state treasury the energy	56205
strategy development fund. The fund shall consist of money	56206
credited to it and money obtained for advanced energy projects	56207
from federal or private grants, loans, or other sources. Money in	56208
the fund shall be used to carry out the purposes of the program.	56209
Interest earned on the money in the fund shall be credited to the	56210
general revenue fund.	56211

Sec. 3709.09. (A) The board of health of a city or general	56212
health district may, by rule, establish a uniform system of fees	56213
to pay the costs of any services provided by the board.	56214

The fee for issuance of a certified copy of a vital record or	56215
a certification of birth shall not be less than the fee prescribed	56216
for the same service under division (A)(1) of section 3705.24 of	56217
the Revised Code and shall include the fees required by division	56218
(B) of section 3705.24 and section 3109.14 of the Revised Code.	56219

Fees for services provided by the board for purposes	56220
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	56221
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall	56222
be established in accordance with rules adopted under division (B)	56223
of this section. The district advisory council, in the case of a	56224
general health district, and the legislative authority of the	56225
city, in the case of a city health district, may disapprove any	56226
fee established by the board of health under this division, and	56227
any such fee, as disapproved, shall not be charged by the board of	56228
health.	56229

(B) The public health council shall adopt rules under section	56230
111.15 of the Revised Code that establish fee categories and a	56231
uniform ~~methodologies~~methodology for use in calculating the costs	56232
of services provided for purposes specified in sections 3701.344,	56233
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04	56234
of the Revised Code. In adopting the rules, the public health	56235
council shall consider recommendations it receives from advisory	56236
boards established either by statute or the director of health	56237
for entities subject to the fees.	56238

(C) ~~At least thirty days prior to establishing a~~Except when	56239
a board of health establishes a fee by adopting a rule as an	56240
emergency measure, the board of health shall hold a public hearing	56241
regarding each proposed fee for a service provided by the board	56242
for a purpose specified in section 3701.344, 3711.10, 3718.06,	56243
3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 of the Revised	56244
Code~~, a board of health shall notify any entity that would be~~	56245
~~affected by the proposed fee of the amount of the proposed fee~~.	56246
If a public hearing is held, at least twenty days prior to the	56247
public hearing the board shall give written notice of the hearing	56248
to each entity affected by the proposed fee. The notice shall be	56249
mailed to the last known address of each entity and shall specify	56250
the date, time, and place of the hearing and the amount of the	56251
proposed fee.	56252

(D) If a fee established under this section is not received	56253
by the end of the last day on which it is due, the board of health	56254
shall assess a penalty. The amount of the penalty shall be equal	56255
to the greater of the following amounts:	56256

(1) Twenty-five per cent of the fee;

56257

(2) Ten per cent of the fee multiplied by the number of weeks	56258
that have elapsed since the payment was due.	56259

(E) All rules adopted by a board of health under this section	56260
shall be adopted, recorded, and certified as are ordinances of	56261
municipal corporations and the record thereof shall be given in	56262
all courts the same effect as is given such ordinances, but the	56263
advertisements of such rules shall be by publication in one	56264
newspaper of general circulation within the health district.	56265
Publication shall be made once a week for two consecutive weeks	56266
and such rules shall take effect and be in force ten days from the	56267
date of the first publication.	56268

Sec. 3709.092. (A) A board of health of a city or general	56269
health district shall transmit to the director of health all fees	56270
or additional amounts that the public health council requires to	56271
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,	56272
3733.25, and 3749.04 of the Revised Code. The fees and amounts	56273
shall be transmitted according to the following schedule:	56274

(1) For fees and amounts received by the board on or after	56275
the first day of January but not later than the thirty-first day	56276
of March, transmit the fees and amounts not later than the	56277
fifteenth day of May;	56278

(2) For fees and amounts received by the board on or after	56279
the first day of April but not later than the thirtieth day of	56280
June, transmit the fees and amounts not later than the fifteenth	56281
day of August;	56282

(3) For fees and amounts received by the board on or after	56283
the first day of July but not later than the thirtieth day of	56284
September, transmit the fees and amounts not later than the	56285
fifteenth day of November;	56286

(4) For fees and amounts received by the board on or after	56287
the first day of October but not later than the thirty-first day	56288
of December, transmit the fees and amounts not later than the	56289
fifteenth day of February of the following year.	56290

(B) The director shall deposit the fees and amounts received	56291
under this section into the state treasury to the credit of the	56292
general operations fund created in section 3701.83 of the Revised	56293
Code. Each amount shall be used solely for the purpose for which	56294
it was collected.	56295

Sec. 3710.01. As used in this chapter:

56296

(A) "Asbestos" means the asbestiform varieties of chrysotile	56297
or serpentine, amosite or cummingtonitegrunerite, crocidolite or	56298
riebeckite, actinolite, tremolite, and anthophylite.	56299

(B) "Asbestos hazard abatement activity" means any activity	56300
involving the removal, renovation, enclosure, repair, or	56301
encapsulation, or operation and maintenance of reasonably related	56302
friable asbestos-containing materials in an amount greater than	56303
~~fifty~~three linear feet or ~~fifty~~three square feet. ~~"Asbestos~~	56304
~~hazard abatement activity" also includes any such activity~~	56305
~~involving such asbestos-containing materials in an amount of fifty~~	56306
~~linear or fifty square feet or less if, when combined with any~~	56307
~~other reasonably related activity in terms of time and location of~~	56308
~~the activity, the total amount is in an amount greater than fifty~~	56309
~~linear or fifty square feet.~~	56310

(C) "Asbestos hazard abatement contractor" means a business	56311
entity or public entity that engages in or intends to engage in	56312
asbestos hazard abatement ~~activities~~projects and that employs or	56313
supervises one or more asbestos hazard abatement specialists for	56314
asbestos hazard abatement activities. "Asbestos hazard abatement	56315
contractor" does not mean an employee of an asbestos hazard	56316
abatement contractor, a general contractor who subcontracts to an	56317
asbestos hazard abatement contractor an asbestos hazard abatement	56318
~~activity~~project, or any individual who engages in an asbestos	56319
hazard abatement ~~activity~~project in ~~his~~the individual's own	56320
home.	56321

(D) "Asbestos hazard abatement project" means one or more	56322
asbestos hazard abatement activities ~~that are~~the sum total of	56323
which is in an amount greater than fifty linear feet or fifty	56324
square feet of friable asbestos-containing materials and that is	56325
conducted by one asbestos hazard abatement contractor ~~and that are~~	56326
~~reasonably related to each other~~. "Asbestos hazard abatement	56327
project" also includes any such activity involving such friable	56328
asbestos-containing materials in an amount of fifty linear feet or	56329
fifty square feet or less if, when combined with any other	56330
reasonably related activity in terms of time or location of the	56331
activity, the total amount is in an amount greater than fifty	56332
linear feet or fifty square feet.	56333

(E) "Asbestos hazard abatement specialist" means a person	56334
with responsibility for the oversight or supervision of asbestos	56335
hazard abatement activities, including asbestos hazard abatement	56336
project managers, hazard abatement project supervisors and	56337
foremen, and employees of school districts or other governmental	56338
or public entities who coordinate or directly supervise or oversee	56339
asbestos hazard abatement activities performed by school district,	56340
governmental, or other public employees in school district,	56341
governmental, or other public buildings.	56342

(F) "Asbestos hazard evaluation specialist" means a person	56343
responsible for the inspection, identification, detection, and	56344
assessment of asbestos-containing materials or suspect	56345
asbestos-containing materials, the determination of appropriate	56346
response actions, or the preparation of asbestos management plans	56347
for the purpose of protecting the public health from the hazards	56348
associated with exposure to asbestos, including the performance of	56349
air and bulk sampling. This category of specialists includes	56350
inspectors, management planners, health professionals, industrial	56351
hygienists, private consultants, or other individuals involved in	56352
asbestos risk identification or assessment or regulatory	56353
activities.	56354

(G) "Business entity" means a partnership, firm, association,	56355
corporation, sole proprietorship, or other business concern.	56356

(H) "Public entity" means the state or any of its political	56357
subdivisions or any agency or instrumentality of either.	56358

(I) "License" means a document issued by the department of	56359
health to a business entity or public entity affirming that the	56360
entity has met the requirements set forth in this chapter to	56361
engage in asbestos hazard abatement ~~activities~~projects as an	56362
asbestos hazard abatement contractor.	56363

(J) "Certificate" means:

56364

(1) A document issued by the department to an individual	56365
affirming that the individual has successfully completed the	56366
training and other requirements set forth in this chapter to	56367
qualify as an asbestos hazard abatement specialist, an asbestos	56368
hazard evaluation specialist, an asbestos hazard abatement worker,	56369
an asbestos hazard abatement project designer, an asbestos hazard	56370
abatement air-monitoring technician, an approved asbestos hazard	56371
training provider, or other category of asbestos hazard specialist	56372
that the public health council establishes by rule; or	56373

(2) A document issued by a training institution in accordance	56374
with rules adopted by the public health council affirming that an	56375
individual has successfully completed the instruction required in	56376
all categories as provided in sections 3710.07 and 3710.10 of the	56377
Revised Code.	56378

(K) "Person" means any individual, business entity,	56379
governmental body, or other public or private entity.	56380

(L) "Encapsulate" means to coat, bind, or resurface	56381
asbestos-containing materials on walls, ceilings, pipes, or other	56382
structures to prevent friable asbestos from becoming airborne.	56383

(M) "Friable asbestos-containing material" means any material	56384
that contains more than one per cent asbestos ~~by weight~~as	56385
determined using the methods specified in 40 C.F.R. Part 763,	56386
Subpart E, Appendix E, Section 1, "Polarized Light Microscopy,"	56387
and that can be crumbled, pulverized, or reduced to powder, when	56388
dry, by hand pressure. "Friable asbestos-containing material"	56389
includes previously non-friable material after that material	56390
becomes damaged to the extent that, when dry, it may be crumbled,	56391
pulverized, or reduced to powder by hand pressure.	56392

(N) "Enclosure" means the permanent confinement of friable	56393
asbestos-containing materials with an airtight barrier in an area	56394
not used as an air plenum.	56395

(O) "Renovation" means the removal or stripping of friable	56396
asbestos-containing materials used on any pipe, duct, boiler,	56397
tank, reactor, turbine, furnace, or load supporting member.	56398

(P) "Asbestos hazard abatement worker" means the person	56399
responsible in a nonsupervisory capacity for the performance of an	56400
asbestos hazard abatement activity.	56401

(Q) "Asbestos hazard abatement project designer" means the	56402
person responsible for the oversight of an asbestos hazard	56403
abatement activity or the determination of the workscope, work	56404
sequence, or performance standards for an asbestos hazard	56405
abatement activity, including preparation of specifications,	56406
plans, and contract documents.	56407

(R) "Director" means the director of health or ~~his~~the	56408
director's authorized representative.	56409

(S) "Clearance air sampling" means an air sampling performed	56410
after the completion of any asbestos hazard abatement ~~activity~~	56411
project and prior to the reoccupation of the contained work area	56412
by the public and conducted for the purpose of protecting the	56413
public from the health hazards associated with exposure to friable	56414
asbestos-containing material.	56415

(T) "Asbestos hazard abatement air-monitoring technician"	56416
means the person who is responsible for environmental monitoring	56417
or work area clearance air sampling, including air monitoring	56418
performed to determine completion of response actions under the	56419
rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United	56420
States environmental protection agency pursuant to the "Asbestos	56421
Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat.	56422
2970. "Asbestos hazard abatement air-monitoring technician" does	56423
not mean an industrial hygienist ~~or industrial hygienist in~~	56424
~~training~~, certified by the American board of industrial hygiene.	56425

Sec. 3710.04. (A) To qualify for an asbestos hazard	56426
abatement contractor's license, a business entity or public entity	56427
shall meet the requirements of this section.	56428

(B) Each employee or agent of the business entity or public	56429
entity applying for a license who will come in contact with	56430
asbestos or will be responsible for an asbestos hazard abatement	56431
~~project~~activity shall do both of the following:	56432

(1) Be familiar with all applicable state and federal	56433
standards for asbestos hazard abatement projects;	56434

(2) Have successfully completed the course of instruction on	56435
asbestos hazard abatement activities, for their particular	56436
certification, approved by the department of health pursuant to	56437
section 3710.10 of the Revised Code, have passed an examination	56438
approved by the department, and demonstrate to the department that	56439
hethe employee or agent is capable of complying with all	56440
applicable standards of this state, the United States	56441
environmental protection agency, and the United States	56442
occupational safety and health administration.	56443

(C) A business entity or public entity applying for an	56444
asbestos hazard abatement contractor's license shall, in addition	56445
to the other requirements of this section, provide at least one	56446
asbestos hazard abatement specialist, certified pursuant to this	56447
chapter and the rules of the public health council adopted	56448
pursuant thereto, for each asbestos hazard abatement project, and	56449
demonstrate to the satisfaction of the department that heall of	56450
the following apply to the applicant:	56451

(1) ~~Has~~The applicant has access to at least one asbestos	56452
disposal site approved by the Ohio environmental protection agency	56453
that is sufficient for the deposit of all asbestos waste that he	56454
the applicant will generate during the term of the license;	56455

(2) IsThe applicant is sufficiently qualified to safely	56456
remove asbestos, demonstrated by reliability as an asbestos hazard	56457
abatement contractor, possesses a work program that prevents the	56458
contamination or recontamination of the environment and protects	56459
the public health from the hazards of exposure to asbestos,	56460
possesses evidence of certification of each individual employee or	56461
agent who will be responsible for others who may come in contact	56462
with friable asbestos-containing materials, possesses evidence of	56463
training of workers required by section 3710.07 of the Revised	56464
Code, and has prior successful experience in asbestos hazard	56465
abatement projects or equivalent qualifications as determined by	56466
rule by the public health council;	56467

(3) ~~Possesses~~The applicant possesses a worker protection	56468
program consistent with requirements established by the public	56469
health council if the contractor is a public entity, and a worker	56470
protection program consistent with the requirements of the United	56471
States occupational safety and health administration if the	56472
contractor is a business entity;	56473

(4) IsThe applicant is registered as a business entity with	56474
the secretary of state.	56475

(D) No applicant for licensure as an asbestos hazard	56476
abatement contractor, in order to meet the requirements of this	56477
chapter, shall list an employee of another contractor.	56478

(E) The business entity or public entity shall meet any other	56479
standards that the public health council, by rule, sets.	56480

(F) Nothing in this chapter or the rules adopted pursuant	56481
thereto relating to asbestos hazard abatement project designers	56482
shall be interpreted as authorizing or permitting an individual	56483
who is certified as an asbestos hazard abatement project designer	56484
to perform the services of a registered architect or professional	56485
engineer unless that person is registered under Chapter 4703. or	56486
4733. of the Revised Code to perform such services.	56487

Sec. 3710.05. (A) Except as otherwise provided in this	56488
chapter, no person shall engage in any asbestos hazard abatement	56489
activities in this state unless licensed or certified pursuant to	56490
this chapter.	56491

(B) To apply for licensure as an asbestos hazard abatement	56492
contractor or certification as an asbestos hazard abatement	56493
specialist, an asbestos hazard evaluation specialist, an asbestos	56494
hazard abatement project designer, or an asbestos hazard abatement	56495
air-monitoring technician, a person shall do all of the following:	56496

(1) Submit a completed application to the department of	56497
health, on a form provided by the department;	56498

(2) Pay the requisite fee as provided in division (D) of this	56499
section;	56500

(3) Submit any other information the public health council by	56501
rule requires.	56502

(C) The application form for a business entity or public	56503
entity applying for an asbestos hazard abatement contractor's	56504
license shall include all of the following:	56505

(1) A description of the protective clothing and respirators	56506
that the public entity will use to comply with rules adopted by	56507
the public health council and that the business entity will use to	56508
comply with requirements of the United States occupational safety	56509
and health administration;	56510

(2) A description of procedures the business entity or public	56511
entity will use for the selection, utilization, handling, removal,	56512
and disposal of clothing to prevent contamination or	56513
recontamination of the environment and to protect the public	56514
health from the hazards associated with exposure to asbestos;	56515

(3) The name and address of each asbestos disposal site that	56516
the business entity or public entity might use during the year;	56517

(4) A description of the site decontamination procedures that	56518
the business entity or public entity will use;	56519

(5) A description of the asbestos hazard abatement procedures	56520
that the business entity or public entity will use;	56521

(6) A description of the procedures that the business entity	56522
or public entity will use for handling waste containing asbestos;	56523

(7) A description of the air-monitoring procedures that the	56524
business entity or public entity will use to prevent contamination	56525
or recontamination of the environment and to protect the public	56526
health from the hazards of exposure to asbestos;	56527

(8) A description of the final clean-up procedures that the	56528
business entity or public entity will use;	56529

(9) A list of all partners, owners, and officers of the	56530
business entity along with their social security numbers;	56531

(10) The federal tax identification number of the business	56532
entity or the public entity.	56533

(D) The fees to be charged to each public entity and business	56534
entity and their employees and agents for licensure,	56535
certification, approval, and renewal of licenses, certifications,	56536
and approvals granted under this chapter, subject to division	56537
(A)(4) of section 3710.02 of the Revised Code, are as follows:	56538

(1) Seven hundred fifty dollars for asbestos hazard abatement	56539
contractors;	56540

(2) Two hundred dollars for asbestos hazard abatement project	56541
designers;	56542

(3) Fifty dollars for asbestos hazard abatement workers;

56543

(4) Two hundred dollars for asbestos hazard abatement	56544
specialists;	56545

(5) Two hundred dollars for asbestos hazard evaluation	56546
specialists; ~~and~~	56547

(6) Nine hundred dollars for approval or renewal of asbestos	56548
hazard training providers.	56549

(E) Notwithstanding division (A) of this section, no business	56550
entity which engages in asbestos hazard abatement ~~activities~~	56551
projects solely at its own place of business is required to be	56552
licensed as an asbestos hazard abatement contractor provided that	56553
the business entity is required to and does comply with all	56554
applicable standards of the United States environmental protection	56555
agency and the United States occupational safety and health	56556
administration and provided further that all persons employed by	56557
the business entity on the ~~activity~~project meet the requirements	56558
of this chapter.	56559

Sec. 3710.051. No ~~person~~asbestos hazard abatement	56560
contractor shall enter into an agreement to perform any aspect of	56561
an asbestos hazard abatement project unless the agreement is	56562
written and contains at least all of the following:	56563

(A) A requirement that all persons working on the project are	56564
licensed or certified by the department of health as required by	56565
this chapter;	56566

(B) A requirement that all project clearance levels and	56567
sampling be in accordance with the public health council rules;	56568

(C) A requirement that all clearance air-monitoring be	56569
conducted by asbestos hazard abatement air-monitoring technicians	56570
or asbestos hazard evaluation specialists certified by the	56571
department.	56572

Sec. 3710.06. (A) Within fifteen business days after	56573
receiving an application, the department of health shall	56574
acknowledge receipt of the application and notify the applicant of	56575
any deficiency in the application. Within sixty calendar days	56576
after receiving a completed application, including all additional	56577
information requested by the department, the department shall	56578
issue a license or certificate or deny the application. The	56579
department shall issue only one license or certificate that is in	56580
effect at one time to a business entity and its principal officers	56581
and a public entity and its principal officers.	56582

(B)(1) The department shall deny an application if it	56583
determines that the applicant has not demonstrated the ability to	56584
comply fully with all applicable federal and state requirements	56585
and all requirements, procedures, and standards established by the	56586
public health council in this chapter.	56587

(2) The department shall deny any application for an asbestos	56588
hazard abatement contractor's license if the applicant or an	56589
officer or employee of the applicant has been convicted of a	56590
felony or found liable in a civil proceeding under any state or	56591
federal law designed to protect the environment.	56592

(3) The department shall send all denials of an application	56593
by certified mail to the applicant. If the department receives a	56594
timely request for a hearing from the applicant, as provided in	56595
division (D) of section 3710.13 of the Revised Code, the	56596
department shall hold a hearing in accordance with Chapter 119. of	56597
the Revised Code.	56598

(C) In an emergency that results from a sudden, unexpected	56599
event that is not a planned asbestos hazard abatement project, the	56600
department may waive the requirements for a license or	56601
~~certificate~~. For the purposes of this division, "emergency"	56602
includes operations necessitated by nonroutine failures of	56603
equipment or by actions of fire and emergency medical personnel	56604
pursuant to duties within their official capacities. Any person	56605
who performs an asbestos hazard abatement ~~activity~~project under	56606
emergency conditions shall notify the director within three days	56607
after performance thereof.	56608

(D) Each license or certificate issued under this chapter	56609
expires one year after the date of issue, but each licensee or	56610
certificate holder may apply to the department for the extension	56611
of ~~his~~the holder's license or certificate under the standard	56612
renewal procedures of Chapter 4745. of the Revised Code.	56613

To qualify for renewal of a license or certificate issued	56614
under this chapter, each licensee or certificate holder shall send	56615
the appropriate renewal fee set forth in division (D) of section	56616
3710.05 of the Revised Code or as adopted by rule by the public	56617
health council pursuant to division (A)(4) of section 3710.02 of	56618
the Revised Code.	56619

Certificate holders also shall successfully complete an	56620
annual renewal course approved by the department pursuant to	56621
section 3710.10 of the Revised Code.	56622

(E) The department may charge a fee in addition to those	56623
specified in division (D) of section 3710.05 of the Revised Code	56624
or in rule of the public health council pursuant to division	56625
(A)(4) of section 3710.02 of the Revised Code if the licensee or	56626
certificate holder applies for renewal after the expiration	56627
thereof or requests a reissuance of any license or certificate,	56628
provided that no such fee shall exceed the original fees by more	56629
than fifty per cent.	56630

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	56631
abatement project, an asbestos hazard abatement contractor shall	56632
do all of the following:	56633

(1) Prepare a written respiratory protection program as	56634
defined by the public health council pursuant to rule, and make	56635
the program available to the department of health, and workers at	56636
the job site if the contractor is a public entity or prepare a	56637
written respiratory protection program, consistent with 29 C.F.R.	56638
1910.134 and make the program available to the department, and	56639
workers at the job site if the contractor is a business entity;	56640

(2) Ensure that each worker who will be involved in any	56641
asbestos hazard abatement project has been examined within the	56642
preceding year and has been declared by a physician to be	56643
physically capable of working while wearing a respirator;	56644

(3) Ensure that each of the contractor's employees or agents	56645
who will come in contact with asbestos-containing materials or	56646
will be responsible for an asbestos hazard abatement project	56647
receives the appropriate certification or licensure required by	56648
this chapter and completes both of the following training courses:	56649

(a) An initial course approved by the department pursuant to	56650
section 3710.10 of the Revised Code, completed before engaging in	56651
any asbestos hazard abatement ~~project~~activity; ~~and~~	56652

(b) An annual review course approved by the department	56653
pursuant to section 3710.10 of the Revised Code.	56654

(B) After obtaining or renewing a license, an asbestos hazard	56655
abatement contractor shall notify the department, on a form	56656
approved by the director of health, at least ten business days	56657
before beginning each asbestos hazard abatement project conducted	56658
during the term of the contractor's license.	56659

(C) In addition to any other fee imposed under this chapter,	56660
an asbestos hazard abatement contractor shall pay, at the time of	56661
providing notice under division (B) of this section, the	56662
department a fee of sixty-five dollars for each asbestos hazard	56663
abatement project conducted.	56664

Sec. 3710.08. (A) An asbestos hazard abatement contractor	56665
engaging in any asbestos hazard abatement project shall, during	56666
the course of the project:	56667

(1) Conduct each project in a manner that is in compliance	56668
with the requirements the director of environmental protection	56669
adopts pursuant to section 3704.03 of the Revised Code and the	56670
asbestos requirements of the United States occupational safety and	56671
health administration set forth in 29 C.F.R. ~~1926.58~~1926.1101;	56672

(2) Comply with all applicable rules adopted by the public	56673
health council pursuant to section 3710.02 of the Revised Code.	56674

(B) An asbestos hazard abatement contractor that is a public	56675
entity shall:	56676

(1) Provide workers with protective clothing and equipment	56677
and ensure that the workers involved in any asbestos hazard	56678
abatement project use the items properly. Protective clothing and	56679
equipment shall include:	56680

(a) Respirators approved by the national institute of	56681
occupational safety and health. These respirators shall be fit	56682
tested in accordance with requirements of the United States	56683
occupational safety and health administration set forth in 29	56684
C.F.R. ~~1926.58(h)~~1926.1101(h). At the request of an employee, the	56685
asbestos hazard abatement contractor shall provide the employee	56686
with a powered air purifying respirator, in which case, the	56687
testing requirements of division (B)(1)(a) of this section do not	56688
apply.	56689

(b) Items required by the public health council by rule as	56690
provided in division (A)(7) of section 3710.02 of the Revised	56691
Code.	56692

(2) Comply with all applicable standards of conduct and	56693
requirements adopted by the public health council and the director	56694
of health pursuant to section 3710.02 of the Revised Code.	56695

(C) An asbestos hazard abatement specialist engaging in any	56696
asbestos hazard abatement ~~project~~activity shall, during the	56697
course of the ~~project~~activity do all of the following:	56698

(1) Conduct each ~~project~~activity in a manner that will meet	56699
decontamination procedures, project containment procedures, and	56700
asbestos fiber dispersal methods as provided in division (A)(6) of	56701
section 3710.02 of the Revised Code;	56702

(2) Ensure that workers utilize, handle, remove, and dispose	56703
of the disposable clothing provided by abatement contractors in a	56704
manner that will prevent contamination or recontamination of the	56705
environment and protect the public health from the hazards of	56706
exposure to asbestos;	56707

(3) Ensure that workers utilize protective clothing and	56708
equipment and comply with the applicable health and safety	56709
standards set forth in division (A) of this section ~~3710.08 of the~~	56710
~~Revised Code~~;	56711

(4) Ensure that there is no smoking, eating, or drinking in	56712
the work area;	56713

(5) Comply with all applicable standards of conduct and	56714
requirements adopted by the public health council and director of	56715
health pursuant to section 3710.02 of the Revised Code.	56716

(D) An asbestos hazard evaluation specialist engaged in the	56717
identification, detection, and assessment of asbestos-containing	56718
materials, the determination of appropriate response actions, or	56719
other activities associated with an abatement project or the	56720
preparation of management plans, shall comply with the applicable	56721
standards of conduct and requirements adopted by the public health	56722
council and the director of health pursuant to section 3710.02 of	56723
the Revised Code.	56724

(E) Every asbestos hazard abatement worker shall comply with	56725
all applicable standards adopted by the public health council	56726
pursuant to section 3710.02 of the Revised Code.	56727

~~(F) The department may, on a case-by-case basis, approve an~~	56728
~~alternative to the worker protection requirements of divisions~~	56729
~~(A), (B), and (C) of this section for an asbestos hazard abatement~~	56730
~~project conducted by a public entity, provided that the asbestos~~	56731
~~hazard abatement contractor submits the alternative procedure to~~	56732
~~the department in writing and demonstrates to the satisfaction of~~	56733
~~the department that the proposed alternative procedure provides~~	56734
~~equivalent worker protection.~~	56735

Sec. 3710.12. Subject to the hearing provisions of this	56736
chapter, the department of health may deny, suspend, or revoke any	56737
license or certificate, or renewal thereof, if the licensee or	56738
certificate holder does or is doing one of the following:	56739

(A) Fraudulently or deceptively obtains or attempts to obtain	56740
a license or certificate;	56741

(B) Fails at any time to meet the qualifications for a	56742
license or certificate;	56743

(C) Is violating or threatening to violate any provisions of	56744
one of the following:	56745

(1) This chapter or the rules of the public health council or	56746
director of health adopted pursuant thereto;	56747

(2) The "National Emission Standard for Hazardous Air	56748
Pollutants" regulations of the United States environmental	56749
protection agency as the regulations pertain to asbestos; or	56750

(3) The regulations of the United States occupational safety	56751
and health administration as the regulations pertain to asbestos;	56752

(4) The regulations set forth in 40 C.F.R. Part 763 that were	56753
adopted by the United States environmental protection agency	56754
pursuant to Title II of the "Toxic Substances Control Act," Pub.	56755
L. No. 94-469, 90 Stat. 2003, as amended by the "Asbestos Hazard	56756
Emergency Response Act of 1986," Pub. L. No. 99-519, 100 Stat.	56757
2970.	56758

Sec. 3710.13. (A) Except as otherwise provided in Chapter	56759
119. of the Revised Code or this section, before the department of	56760
health takes any action under section 3710.12 of the Revised Code,	56761
it shall give the licensee or certificate holder against whom	56762
action is contemplated an opportunity for a hearing.	56763

Except as otherwise provided in this section, the department	56764
shall give notice and hold the hearing in accordance with Chapter	56765
119. of the Revised Code.	56766

(B) The department, without notice or hearing and in	56767
accordance with the rules of the public health council, may issue	56768
an order requiring any action necessary to meet a public health	56769
emergency involving asbestos. Any person to whom an order is	56770
directed shall immediately comply with the order. Upon application	56771
to the director of health, the person shall be afforded a hearing	56772
as soon as possible, but no more than twenty days after receipt of	56773
the application by the director.	56774

(C) If the director determines, pursuant to division (B) of	56775
this section, that a public health emergency exists, hethe	56776
director may order, without a hearing, the denial, suspension, or	56777
revocation of any license or certificate issued under this chapter	56778
of the parties involved, provided that an opportunity for a	56779
hearing is provided to the affected party as soon as reasonably	56780
possible.	56781

(D) All proceedings under this chapter are subject to Chapter	56782
119. of the Revised Code, except that:	56783

(1) Upon the request of a licensee or certificate holder, the	56784
location of an adjudicatory hearing is the county seat of the	56785
county in which the licensee or certificate holder conducts	56786
business.	56787

(2) The director shall notify, by certified mail or personal	56788
delivery, a licensee or certificate holder that hethe licensee or	56789
certificate holder is entitled to a hearing if hethe licensee or	56790
certificate holder requests it, in writing, within ten business	56791
days of the time that hethe licensee or certificate holder	56792
receives the notice. If the licensee or certificate holder	56793
requests such a hearing, the director shall set the hearing date	56794
no later than ten business days after the director receives the	56795
request.	56796

(3) The director shall not apply for or receive a	56797
postponement or continuation of an adjudication hearing. If a	56798
licensee or certificate holder requests a postponement or	56799
continuation of an adjudication hearing, the director only shall	56800
grant the request if the licensee or certificate holder	56801
demonstrates extreme hardship in complying with the hearing date.	56802
If the director grants a postponement or continuation on the	56803
grounds of extreme hardship, the director shall include in the	56804
record of the case, the nature and cause of the extreme hardship.	56805

(4) In lieu of an adjudicatory hearing required by this	56806
chapter, a licensee or certificate holder, by no later than the	56807
date set for a hearing pursuant to division (A)~~(3)~~(2) of this	56808
section, may by written request to the director, request that the	56809
matter be resolved by the licensee or certificate holder	56810
submitting documents, papers, and other written evidence to the	56811
director to support ~~his~~the licensee's or certificate holder's	56812
claim.	56813

(5) If the director appoints a referee or an examiner to	56814
conduct a hearing, all of the following apply:	56815

(a) The examiner or referee shall serve, by certified mail	56816
and within three business days of the conclusion of the hearing, a	56817
copy of the written adjudication report and ~~his~~the referee's or	56818
examiner's recommendations, on the director and the affected	56819
licensee or certificate holder or the licensee's or certificate	56820
holder's attorney or other representative of record.	56821

(b) The licensee or certificate holder, within three business	56822
days of receipt of the report under division (D)(5)(a) of this	56823
section, may file with the director written objections to the	56824
report and recommendations.	56825

(c) The director shall consider any objections received under	56826
division (D)(5)(b) of this section prior to approving, modifying,	56827
or disapproving the report and recommendations. Within six	56828
business days of receiving the report under division (D)(5)(a) of	56829
this section, the director shall serve ~~his~~the director's order,	56830
by certified mail or personal delivery, on the affected licensee	56831
or certificate holder or the licensee's or certificate holder's	56832
attorney or other representative of record.	56833

(6) If the director conducts an adjudicatory hearing under	56834
this chapter, hethe director shall serve ~~his~~the director's	56835
decision, by certified mail or personal delivery and within three	56836
business days of the conclusion of the hearing, on the affected	56837
licensee or certificate holder or the licensee's or certificate	56838
holder's attorney or other representative of record.	56839

(7) If no hearing is held, the director shall issue an order,	56840
by certified mail or personal delivery and within three business	56841
days of the last date possible for a hearing, based upon the	56842
record available to ~~him~~the director, to the affected licensee or	56843
certificate holder or the licensee's or certificate holder's	56844
attorney or other representative of record.	56845

(8) A licensee or certificate holder shall file a notice of	56846
appeal to an adverse adjudication decision within fifteen days	56847
after receipt of the director's order.	56848

Sec. 3710.141. The director of health may issue an order	56849
requiring any action necessary to meet a public health emergency	56850
involving asbestos. Any unlicensed or uncertified person to whom	56851
an order is directed shall comply immediately with the order. If	56852
immediate action to comply with the order and correct the	56853
emergency is not taken, the attorney general at the request of the	56854
director may commence a civil action for civil penalties and	56855
injunctions in accordance with section 3710.14 of the Revised	56856
Code.	56857

Sec. 3712.03. (A) In accordance with Chapter 119. of the	56858
Revised Code, the public health council shall adopt, and may amend	56859
and rescind, rules:	56860

(1) Providing for the licensing of persons or public agencies	56861
providing hospice care programs within this state by the	56862
department of health and for the suspension and revocation of	56863
licenses;	56864

(2) Establishing a license fee and license renewal fee ~~not~~	56865
to, neither of which shall, except as provided in division (B) of	56866
this section, exceed ~~three~~six hundred dollars. The fees shall	56867
cover the three-year period during which an existing license is	56868
valid as provided in division (B) of section 3712.04 of the	56869
Revised Code.	56870

(3) Establishing an inspection fee not to exceed, except as	56871
provided in division (B) of this section, one thousand seven	56872
hundred fifty dollars;	56873

(4) Establishing requirements for hospice care program	56874
facilities and services;	56875

(5) Providing for a waiver of the requirement for the	56876
provision of physical, occupational, or speech or language therapy	56877
contained in division (A)(2) of section 3712.01 of the Revised	56878
Code when the requirement would create a hardship because such	56879
therapy is not readily available in the geographic area served by	56880
the provider of a hospice care program;	56881

(6) Providing for the granting of licenses to provide hospice	56882
care programs to persons and public agencies that are accredited	56883
or certified to provide such programs by an entity whose standards	56884
for accreditation or certification equal or exceed those provided	56885
for licensure under this chapter and rules adopted under it; ~~and~~	56886

(7) Establishing interpretive guidelines for each rule.

56887

(B) Subject to the approval of the controlling board, the	56888
public health council may establish fees in excess of the maximum	56889
amounts ~~provided by sections 3712.01 and 3712.03 to 3712.06 of the~~	56890
~~Revised Code~~specified in this section, provided that the fees do	56891
not exceed those amounts by greater than fifty per cent.	56892

56893

(1) Grant, suspend, and revoke licenses for hospice care	56894
programs in accordance with this chapter and rules adopted under	56895
it;	56896

(2) Make such inspections as are necessary to determine	56897
whether hospice care program facilities and services meet the	56898
requirements of this chapter and rules adopted under it; and	56899

(3) Implement and enforce this chapter and rules adopted	56900
under it.	56901

Sec. 3713.01. As used in sections 3713.01 to 3713.10 of the	56902
Revised Code:	56903

(A) "Person" has the same meaning as used in division (C) of	56904
section 1.59 of the Revised Code and also means any limited	56905
company, limited liability partnership, joint stock company, or	56906
other association.	56907

(B) "Bedding" means any upholstered furniture, any mattress,	56908
upholstered spring, comforter, bolster, pad, cushion, pillow,	56909
mattress protector, quilt, and any other upholstered article, to	56910
be used for sleeping, resting, or reclining purposes, and any	56911
glider, hammock, or other substantially similar article that is	56912
wholly or partly upholstered.	56913

(C) "Secondhand" means any article, or material, or portion	56914
thereof of which prior use has been made in any manner whatsoever.	56915

(D) "Remade, repaired, or renovated articles not for sale"	56916
means any article that is remade, repaired, or renovated for and	56917
is returned to the owner for the owner's own use.	56918

(E) "Sale," "sell," or "sold" shall, in the corresponding	56919
tense, mean sell, offer to sell, or deliver or consign in sale, or	56920
possess with intent to sell, or deliver in sale.	56921

(F) "Upholstered furniture" means any article of furniture	56922
wholly or partly stuffed or filled with material and that is used	56923
or intended for use for sitting, resting, or reclining purposes.	56924

(G) "Stuffed toy" means any article intended for use as a	56925
plaything or for an educational or recreational purpose that is	56926
wholly or partially stuffed with material.	56927

(H) "Tag" or "label" means any material prescribed by the	56928
superintendent of ~~industrial compliance~~labor to be attached to an	56929
article that contains information required under this chapter.	56930

Sec. 3713.02. (A) Except as provided in section 3713.05 of	56931
the Revised Code, no person shall import, manufacture, renovate,	56932
wholesale, or reupholster stuffed toys or articles of bedding in	56933
this state without first registering to do so with the	56934
superintendent of ~~industrial compliance~~labor in accordance with	56935
section 3713.05 of the Revised Code.	56936

(B) No person shall manufacture, offer for sale, sell,	56937
deliver, or possess for the purpose of manufacturing, selling, or	56938
delivering, an article of bedding or a stuffed toy that is not	56939
labeled in accordance with section 3713.08 of the Revised Code.	56940

(C) No person shall manufacture, offer for sale, sell,	56941
deliver, or possess for the purpose of manufacturing, selling, or	56942
delivering, an article of bedding or a stuffed toy that is falsely	56943
labeled.	56944

(D) No person shall sell or offer for sale any secondhand	56945
article of bedding or any secondhand stuffed toy that has not been	56946
sanitized in accordance with section 3713.08 of the Revised Code.	56947

(E) The possession of any article of bedding or stuffed toy	56948
in the course of business by a person required to obtain	56949
registration under this chapter, or by that person's agent or	56950
servant shall be prima-facie evidence of the person's intent to	56951
sell the article of bedding or stuffed toy.	56952

Sec. 3713.03. The superintendent of ~~industrial compliance~~	56953
labor in the department of commerce shall administer and enforce	56954
this chapter.	56955

Sec. 3713.04. (A) In accordance with Chapter 119. of the	56956
Revised Code, the superintendent of ~~industrial compliance~~labor	56957
shall:	56958

(1) Adopt rules pertaining to the definition, name, and	56959
description of materials necessary to carry out this chapter;	56960

(2) Determine the testing standards, fees, and charges to be	56961
paid for making any test or analysis required pursuant to section	56962
3713.08 of the Revised Code.	56963

(B) In accordance with Chapter 119. of the Revised Code, the	56964
superintendent may adopt rules regarding the following:	56965

(1) Establishing an initial application fee or an annual	56966
registration renewal fee not more than fifty per cent higher than	56967
the fees set forth in section 4713.05 of the Revised Code;	56968

(2) Establishing standards, on a reciprocal basis, for the	56969
acceptance of labels and laboratory analyses from other states	56970
where the labeling requirements and laboratory analysis standards	56971
are substantially equal to the requirements of this state,	56972
provided the other state extends similar reciprocity to labels and	56973
laboratory analysis conducted under this chapter;	56974

(3) Any other rules necessary to administer and carry out	56975
this chapter.	56976

56977

(1) Issue administrative orders, conduct hearings, and take	56978
all actions necessary under the authority of Chapter 119. of the	56979
Revised Code for the administration of this chapter. The authority	56980
granted under this division shall include the authority to	56981
suspend, revoke, or deny registration under this chapter.	56982

(2) Establish and maintain facilities within the department	56983
of commerce to make tests and analysis of materials used in the	56984
manufacture of bedding and stuffed toys. The superintendent also	56985
may designate established laboratories in various sections of the	56986
state that are qualified to make these tests. If the	56987
superintendent exercises this authority, the superintendent shall	56988
adopt rules to determine the fees and charges to be paid for	56989
making the tests or analyses authorized under this section.	56990

(3) Exercise such other powers and duties as are necessary to	56991
carry out the purpose and intent of this chapter.	56992

Sec. 3713.05. (A) Applications to register to import,	56993
manufacture, renovate, wholesale, make, or reupholster stuffed	56994
toys or bedding in this state shall be made in writing on forms	56995
provided by the superintendent of ~~industrial compliance~~labor. The	56996
application shall be accompanied by a registration fee of fifty	56997
dollars per person unless the applicant engages only in	56998
renovation, in which case the registration fee shall be	56999
thirty-five dollars.	57000

(B) Upon receipt of the application and the appropriate fee,	57001
the superintendent shall register the applicant and assign a	57002
registration number to the registrant.	57003

(C) Notwithstanding section 3713.02 of the Revised Code and	57004
division (A) of this section, the following are exempt from	57005
registration:	57006

(1) An organization described in section 501(c)(3) of the	57007
"Internal Revenue Code of 1986," and exempt from income tax under	57008
section 501(a) of that code and that is operated exclusively to	57009
provide recreation or social services;	57010

(2) A person who is not regularly engaged in the business of	57011
manufacturing, making, wholesaling, or importing stuffed toys but	57012
who manufactures or makes stuffed toys as a leisure pursuit and	57013
who sells one hundred or fewer stuffed toys within one calendar	57014
year;	57015

(3) A person who is not regularly engaged in the business of	57016
manufacturing, making, wholesaling, or importing quilts,	57017
comforters, pillows, or cushions, but who manufactures or makes	57018
these items as a leisure pursuit and who sells five or fewer	57019
quilts, ten or fewer comforters, or twenty or fewer pillows or	57020
cushions within one calendar year.	57021

(D) Notwithstanding division (C)(2) or (3) of this section, a	57022
person exempt under that division must attach a label to each	57023
stuffed toy that contains all of the following information:	57024

(1) The person's name and address;

57025

(2) A statement that the person is not registered by the	57026
state of Ohio;	57027

(3) A statement that the contents of the product have not	57028
been inspected.	57029

Sec. 3713.06. (A) Any person required to register under	57030
division (A) of section 3713.02 of the Revised Code who imports	57031
bedding or stuffed toys into this state for retail sale or use in	57032
this state and any person required to register under division (A)	57033
of section 3713.02 of the Revised Code who manufactures bedding or	57034
stuffed toys in this state for retail sale or use in this state	57035
shall submit a report to the superintendent of ~~industrial~~	57036
~~compliance~~labor, in a form and manner prescribed by the	57037
superintendent. The form shall be submitted once every six months	57038
and shall show the total number of items of bedding or stuffed	57039
toys imported into this state or manufactured in this state. Each	57040
report shall be accompanied by a fee of four cents for each item	57041
of bedding or stuffed toy imported into this state or manufactured	57042
in this state.	57043

(B) Every importer, manufacturer, or wholesaler of stuffed	57044
toys or articles of bedding, and every mobile home and	57045
recreational vehicle dealer, conversion van dealer, secondhand	57046
dealer, and auction house shall retain records, designated by the	57047
superintendent in rule, for the time period established in rule.	57048

(C) Every importer, manufacturer, or wholesaler of stuffed	57049
toys or articles of bedding, and every mobile home and	57050
recreational vehicle dealer, conversion van dealer, secondhand	57051
dealer, and auction house shall make sufficient investigation of	57052
its records to ensure that the information reported to the	57053
superintendent under division (A) of this section is accurate.	57054

Sec. 3713.07. (A) Registration obtained under this chapter	57055
expires annually on the last day of the month in the month that	57056
the registration was obtained. The superintendent of ~~industrial~~	57057
~~compliance~~labor shall renew the registration in accordance with	57058
Chapter 4745. of the Revised Code.	57059

(B) Failure on the part of any registrant to renew	57060
registration prior to its expiration, when notified as required in	57061
this section, shall not deprive the person of the right to renewal	57062
within the ninety days that follow expiration, but the fee to be	57063
paid for renewal after its expiration shall be one hundred dollars	57064
plus the standard registration fee for the registrant.	57065

(C) If a registrant fails to renew registration within ninety	57066
days of the date that it expired, the former registrant shall	57067
comply with the registration requirements under section 3713.05 of	57068
the Revised Code to obtain valid registration.	57069

Sec. 3713.08. (A) All persons required to register under	57070
division (A) of section 3713.02 of the Revised Code manufacturing,	57071
making, or wholesaling bedding or stuffed toys, or both, that are	57072
sold or offered for sale shall have the material content of their	57073
products tested and analyzed at an established laboratory	57074
designated by the superintendent of ~~industrial compliance~~labor	57075
before the bedding or stuffed toys are sold or offered for sale.	57076

(B) Every stuffed toy or item of bedding sold or offered for	57077
sale shall have a label affixed to it that reports the contents of	57078
the stuffed toy or bedding material in conformity with	57079
requirements established by the superintendent, a registration	57080
number, and any other identifying information as required by the	57081
superintendent.	57082

(C) The seller of any secondhand articles of bedding or	57083
stuffed toys shall sanitize all items in accordance with rules	57084
established by the superintendent prior to the sale of or the	57085
offering for sale of any secondhand articles.	57086

(D) This section does not apply to any of the following:

57087

(1) Persons who meet the qualifications of division (C)(2) or	57088
(3) of section 3713.05 of the Revised Code;	57089

(2) The sale of furniture more than fifty years old;

57090

(3) The sale of furniture from the home of the owner directly	57091
to the purchaser.	57092

Sec. 3713.09. (A) The superintendent of ~~industrial compliance~~	57093
labor may appoint inspectors and periodically inspect and	57094
investigate any establishment where bedding or stuffed toys are	57095
manufactured, made, remade, renovated, repaired, sanitized, sold,	57096
or offered for sale, or where previously used material is	57097
processed for use in the manufacture of bedding or stuffed toys.	57098

(1) Each inspector shall make a written report to the	57099
superintendent of each examination and inspection complete with	57100
the inspector's findings and recommendations. Inspectors may place	57101
"off sale" any article of bedding or stuffed toy offered for sale,	57102
or found in the possession of any person with the intent to sell,	57103
in violation of section 3713.02 of the Revised Code. Inspectors	57104
shall perform other duties related to inspection and examination	57105
as prescribed by the superintendent.	57106

(2) When articles are placed "off sale" under division (A)(1)	57107
of this section, they shall be tagged, and the tag shall not be	57108
removed except by an authorized representative of the division of	57109
~~industrial compliance~~labor after the violator demonstrates to the	57110
satisfaction of the superintendent proof of compliance with the	57111
requirements of section 3713.08 of the Revised Code.	57112

(B)(1) When an inspector has cause to believe that any	57113
bedding or stuffed toy is not tagged or labeled in accordance with	57114
section 3713.08 of the Revised Code, the inspector may open any	57115
seam of the bedding or stuffed toy in question to examine the	57116
material used or contained within it and take a reasonable amount	57117
of the material for testing and analysis and, if necessary,	57118
examine any and all purchase records in order to determine the	57119
contents or the kind of material used in the bedding or stuffed	57120
toy in question. An inspector may seize and hold evidence of any	57121
article of bedding, stuffed toy, or material manufactured, made,	57122
possessed, renovated, remade, or repaired, sold, or offered for	57123
sale contrary to this chapter.	57124

(2) Immediately after seizing articles believed to be in	57125
violation of this chapter, the inspector immediately shall report	57126
the seizure to the superintendent. The superintendent shall hold a	57127
hearing in accordance with Chapter 119. of the Revised Code or	57128
make a ruling in the matter. If the superintendent finds that the	57129
article of bedding, stuffed toy, or material is not in violation	57130
of this chapter, the superintendent shall order the item or items	57131
returned to the owner. If the superintendent finds a violation of	57132
this chapter, the superintendent may do either of the following:	57133

(a) Return the articles to the owner for proper treatment,	57134
tagging or labeling, or other action as ordered by the	57135
superintendent, subject to the requirement that the articles be	57136
reinspected at cost to the owner, prior to being sold or offered	57137
for sale;	57138

(b) Report the violation to the appropriate prosecuting	57139
attorney or city law director.	57140

(C) The superintendent, at reasonable times and upon	57141
reasonable notice, may examine or cause to be examined the records	57142
of any importer, manufacturer, or wholesaler of stuffed toys or	57143
articles of bedding, mobile home and recreational vehicle dealer,	57144
conversion van dealer, secondhand dealer, or auction house to	57145
determine compliance with this chapter. The superintendent may	57146
enter into contracts, pursuant to procedures prescribed by the	57147
superintendent, with persons to examine these records to determine	57148
compliance with this chapter. These persons may collect and remit	57149
to the superintendent any amounts due under this chapter.	57150

(D) Records audited pursuant to division (C) of this section	57151
are confidential and shall not be disclosed except as required by	57152
section 149.43 of the Revised Code, or as the superintendent finds	57153
necessary for the proper administration of this chapter.	57154

(E) In the case of any investigation or examination, or both,	57155
that requires investigation or examination outside of this state	57156
of any importer, manufacturer, or wholesaler of stuffed toys or	57157
articles of bedding, or of any mobile home or recreational vehicle	57158
dealer, conversion van dealer, secondhand dealer, or auction	57159
house, the superintendent may require the investigated or examined	57160
person to pay the actual expense of the investigation or	57161
examination. The superintendent shall provide an itemized	57162
statement of actual expenses to the investigated or examined	57163
person.	57164

(F) Whenever the superintendent has reason to believe, from	57165
the superintendent's own information, upon complaint, or	57166
otherwise, that any person has engaged in, is engaging in, or is	57167
about to engage in any practice prohibited by this chapter, or	57168
when the superintendent has reason to believe that it is necessary	57169
for public health and safety, the superintendent may do any of the	57170
following:	57171

(1) Investigate violations of this chapter, and for that	57172
purpose, may subpoena witnesses in connection with the	57173
investigation. The superintendent may make application to the	57174
appropriate court of common pleas for an order enjoining the	57175
violation of this chapter, and upon a showing by the	57176
superintendent that any registrant or person acting in a manner	57177
that requires registration has violated or is about to violate	57178
this chapter, an injunction, restraining order, or other order as	57179
may be appropriate shall be granted by the court.	57180

(2) Compel by subpoena the attendance of witnesses to testify	57181
in relation to any matter over which the superintendent has	57182
jurisdiction and that is the subject of inquiry and investigation	57183
by the superintendent, and require the production of any book,	57184
paper, or document pertaining to the matter. In case any person	57185
fails to file any statement or report, obey any subpoena, give	57186
testimony, or produce any books, records, or papers as required by	57187
a subpoena, the court of common pleas of any county in the state,	57188
upon application made to it by the superintendent, shall compel	57189
obedience by attachment proceedings for contempt.	57190

(3) Suspend or revoke the registration of any importer,	57191
manufacturer, or wholesaler of stuffed toys or articles of	57192
bedding, mobile home or recreational vehicle dealer, conversion	57193
van dealer, secondhand dealer, or auction house;	57194

(4) Submit evidence of the violation or violations to any	57195
city prosecutor, city director of law, or prosecuting attorney	57196
with authority to prosecute. If the city prosecutor, city director	57197
of law, or prosecuting attorney with authority to prosecute fails	57198
to prosecute, the superintendent shall submit the evidence to the	57199
attorney general who may proceed with the prosecution.	57200

Sec. 3713.10. All money collected under this chapter shall	57201
be deposited into the state treasury to the credit of the	57202
~~industrial compliance~~labor operating fund created under section	57203
121.084 of the Revised Code.	57204

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	57205
health and the environmental protection agency in administering	57206
and enforcing this chapter and rules adopted under it, there is	57207
hereby levied on the disposal of construction and demolition	57208
debris at a construction and demolition debris facility that is	57209
licensed under this chapter or at a solid waste facility that is	57210
licensed under Chapter 3734. of the Revised Code a fee of thirty	57211
cents per cubic yard or sixty cents per ton, as applicable.	57212

(2) The owner or operator of a construction and demolition	57213
debris facility or a solid waste facility shall determine if cubic	57214
yards or tons will be used as the unit of measurement. In	57215
estimating the fee based on cubic yards, the owner or operator	57216
shall utilize either the maximum cubic yard capacity of the	57217
container, or the hauling volume of the vehicle, that transports	57218
the construction and demolition debris to the facility or the	57219
cubic yards actually logged for disposal by the owner or operator	57220
in accordance with rules adopted under section 3714.02 of the	57221
Revised Code. If basing the fee on tonnage, the owner or operator	57222
shall use certified scales to determine the tonnage of	57223
construction and demolition debris that is transported to the	57224
facility for disposal.	57225

(3) The owner or operator of a construction and demolition	57226
debris facility or a solid waste facility shall collect the fee	57227
levied under division (A) of this section as a trustee for the	57228
health district having jurisdiction over the facility, if that	57229
district is on the approved list under section 3714.09 of the	57230
Revised Code, or for the state. The owner or operator shall	57231
prepare and file with the appropriate board of health or the	57232
director of environmental protection monthly returns indicating	57233
the total volume or weight, as applicable, of construction and	57234
demolition debris received for disposal at the facility and the	57235
total amount of money required to be collected on the construction	57236
and demolition debris disposed of during that month. Not later	57237
than thirty days after the last day of the month to which the	57238
return applies, the owner or operator shall mail to the board of	57239
health or the director the return for that month together with the	57240
money required to be collected on the construction and demolition	57241
debris disposed of during that month or may submit the return and	57242
money electronically in a manner approved by the director. The	57243
owner or operator may request, in writing, an extension of not	57244
more than thirty days after the last day of the month to which the	57245
return applies. A request for extension may be denied. If the	57246
owner or operator submits the money late, the owner or operator	57247
shall pay a penalty of ten per cent of the amount of the money due	57248
for each month that it is late.	57249

(4) Of the money that is collected from a construction and	57250
demolition debris facility or a solid waste facility on a per	57251
cubic yard or per ton basis under this section, a board of health	57252
shall transmit three cents per cubic yard or six cents per ton, as	57253
applicable, to the director not later than forty-five days after	57254
the receipt of the money. The money retained by a board of health	57255
under this section shall be paid into a special fund, which is	57256
hereby created in each health district, and used solely to	57257
administer and enforce this chapter and rules adopted under it.	57258

The director shall transmit all money received from the	57259
boards of health of health districts under this section and all	57260
money from the disposal fee collected by the director under this	57261
section to the treasurer of state to be credited to the	57262
construction and demolition debris facility oversight fund, which	57263
is hereby created in the state treasury. The fund shall be	57264
administered by the director, and money credited to the fund shall	57265
be used exclusively for the administration and enforcement of this	57266
chapter and rules adopted under it.	57267

(B) The board of health of a health district or the director	57268
may enter into an agreement with the owner or operator of a	57269
construction and demolition debris facility or a solid waste	57270
facility for the quarterly payment of the money collected from the	57271
disposal fee. The board of health shall notify the director of any	57272
such agreement. Not later than forty-five days after receipt of	57273
the quarterly payment, the board of health shall transmit the	57274
amount established in division (A)(4) of this section to the	57275
director. The money retained by the board of health shall be	57276
deposited in the special fund of the district as required under	57277
that division. Upon receipt of the money from a board of health,	57278
the director shall transmit the money to the treasurer of state to	57279
be credited to the construction and demolition debris facility	57280
oversight fund.	57281

(C) If a construction and demolition debris facility or a	57282
solid waste facility is located within the territorial boundaries	57283
of a municipal corporation or the unincorporated area of a	57284
township, the municipal corporation or township may appropriate up	57285
to four cents per cubic yard or up to eight cents per ton of the	57286
disposal fee required to be paid by the facility under division	57287
(A) of this section for the same purposes that a municipal	57288
corporation or township may levy a fee under division (C) of	57289
section 3734.57 of the Revised Code.	57290

The legislative authority of the municipal corporation or	57291
township may appropriate the money from the fee by enacting an	57292
ordinance or adopting a resolution establishing the amount of the	57293
fee to be appropriated. Upon doing so, the legislative authority	57294
shall mail a certified copy of the ordinance or resolution to the	57295
board of health of the health district in which the construction	57296
and demolition debris facility or the solid waste facility is	57297
located or, if the facility is located in a health district that	57298
is not on the approved list under section 3714.09 of the Revised	57299
Code, to the director. Upon receipt of the copy of the ordinance	57300
or resolution and not later than forty-five days after receipt of	57301
money collected from the fee, the board or the director, as	57302
applicable, shall transmit to the treasurer or other appropriate	57303
officer of the municipal corporation or clerk of the township that	57304
portion of the money collected from the disposal fee by the owner	57305
or operator of the facility that is required by the ordinance or	57306
resolution to be paid to that municipal corporation or township.	57307

Money received by the treasurer or other appropriate officer	57308
of a municipal corporation under this division shall be paid into	57309
the general fund of the municipal corporation. Money received by	57310
the clerk of a township under this division shall be paid into the	57311
general fund of the township. The treasurer or other officer of	57312
the municipal corporation or the clerk of the township, as	57313
appropriate, shall maintain separate records of the money received	57314
under this division.	57315

The legislative authority of a municipal corporation or	57316
township may cease collecting money under this division by	57317
repealing the ordinance or resolution that was enacted or adopted	57318
under this division.	57319

The director shall adopt rules in accordance with Chapter	57320
119. of the Revised Code establishing requirements for prorating	57321
the amount of the fee that may be appropriated under this division	57322
by a municipal corporation or township in which only a portion of	57323
a construction and demolition debris facility is located within	57324
the territorial boundaries of the municipal corporation or	57325
township.	57326

(D) The board of county commissioners of a county in which a	57327
construction and demolition debris facility or a solid waste	57328
facility is located may appropriate up to three cents per cubic	57329
yard or up to six cents per ton of the disposal fee required to be	57330
paid by the facility under division (A) of this section for the	57331
same purposes that a solid waste management district may levy a	57332
fee under division (B) of section 3734.57 of the Revised Code.	57333

The board of county commissioners may appropriate the money	57334
from the fee by adopting a resolution establishing the amount of	57335
the fee to be appropriated. Upon doing so, the board of county	57336
commissioners shall mail a certified copy of the resolution to the	57337
board of health of the health district in which the construction	57338
and demolition debris facility or the solid waste facility is	57339
located or, if the facility is located in a health district that	57340
is not on the approved list under section 3714.09 of the Revised	57341
Code, to the director. Upon receipt of the copy of the resolution	57342
and not later than forty-five days after receipt of money	57343
collected from the fee, the board of health or the director, as	57344
applicable, shall transmit to the treasurer of the county that	57345
portion of the money collected from the disposal fee by the owner	57346
or operator of the facility that is required by the resolution to	57347
be paid to that county.	57348

Money received by a county treasurer under this division	57349
shall be paid into the general fund of the county. The county	57350
treasurer shall maintain separate records of the money received	57351
under this division.	57352

A board of county commissioners may cease collecting money	57353
under this division by repealing the resolution that was adopted	57354
under this division.	57355

(E)(1) This section does not apply to the disposal of	57356
construction and demolition debris at a solid waste facility that	57357
is licensed under Chapter 3734. of the Revised Code if there is no	57358
construction and demolition debris facility licensed under this	57359
chapter within thirty-five miles of the solid waste facility as	57360
determined by a facility's property boundaries.	57361

(2) This section does not apply to the disposal of	57362
construction and demolition debris at a solid waste facility that	57363
is licensed under Chapter 3734. of the Revised Code if the owner	57364
or operator of the facility chooses to collect fees on the	57365
disposal of the construction and demolition debris that are	57366
identical to the fees that are collected under Chapters 343. and	57367
3734. of the Revised Code on the disposal of solid wastes at that	57368
facility.	57369

(3) This section does not apply to the disposal of source	57370
separated materials that are exclusively composed of reinforced or	57371
nonreinforced concrete, asphalt, clay tile, building or paving	57372
brick, or building or paving stone at a construction and	57373
demolition debris facility that is licensed under this chapter	57374
when either of the following applies:	57375

(a) The materials are placed within the limits of	57376
construction and demolition debris placement at the facility as	57377
specified in the license issued to the facility under section	57378
3714.06 of the Revised Code, are not placed within the unloading	57379
zone of the facility, and are used as a fire prevention measure in	57380
accordance with rules adopted by the director under section	57381
3714.02 of the Revised Code.	57382

(b) The materials are not placed within the unloading zone of	57383
the facility or within the limits of construction and demolition	57384
debris placement at the facility as specified in the license	57385
issued to the facility under section 3714.06 of the Revised Code,	57386
but are used as fill material, either alone or in conjunction with	57387
clean soil, sand, gravel, or other clean aggregates, in legitimate	57388
fill operations for construction purposes at the facility or to	57389
bring the facility up to a consistent grade.	57390

(F) Notwithstanding any provision of law to the contrary, the	57391
fee levied under this section applies to the disposal of asbestos	57392
and asbestos-containing materials or products at a construction	57393
and demolition debris facility that is licensed under this	57394
chapter.	57395

Sec. 3714.073. (A) In addition to the fee levied under	57396
division (A)(1) of section 3714.07 of the Revised Code, beginning	57397
July 1, ~~2005~~2009, there is hereby levied on the disposal of	57398
construction and demolition debris at a construction and	57399
demolition debris facility that is licensed under this chapter or	57400
at a solid waste facility that is licensed under Chapter 3734. of	57401
the Revised Code the following fees:	57402

(1) A fee of ~~twelve~~one dollar and ~~one-half~~twenty-five cents	57403
per cubic yard or ~~twenty-five~~two dollars and fifty cents per ton,	57404
as applicable, the proceeds of which shall be deposited in the	57405
state treasury to the credit of the soil and water conservation	57406
district assistance fund created in section 1515.14 of the Revised	57407
Code;	57408

(2) A fee of thirty-seven and one-half cents per cubic yard	57409
or seventy-five cents per ton, as applicable, the proceeds of	57410
which shall be deposited in the state treasury to the credit of	57411
the recycling and litter prevention fund created in section	57412
1502.02 of the Revised Code.	57413

(B) The owner or operator of a construction and demolition	57414
debris facility or a solid waste facility, as a trustee of the	57415
state, shall collect the fees levied under this section and remit	57416
the money from the fees in the manner that is established in	57417
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	57418
for the fee that is levied under division (A)(1) of that section	57419
and may enter into an agreement for the quarterly payment of the	57420
fees in the manner established in division (B) of that section for	57421
the quarterly payment of the fee that is levied under division	57422
(A)(1) of that section.	57423

(C) The money that is collected from a construction and	57424
demolition debris facility or a solid waste facility and remitted	57425
to a board of health or the director of environmental protection,	57426
as applicable, pursuant to this section shall be transmitted by	57427
the board or director to the treasurer of state not later than	57428
forty-five days after the receipt of the money to be credited to	57429
the soil and water conservation district assistance fund or, the	57430
recycling and litter prevention fund, or the environmental	57431
protection fund, as applicable.	57432

(D) This section does not apply to the disposal of	57433
construction and demolition debris at a solid waste facility that	57434
is licensed under Chapter 3734. of the Revised Code if the owner	57435
or operator of the facility chooses to collect fees on the	57436
disposal of the construction and demolition debris that are	57437
identical to the fees that are collected under Chapters 343. and	57438
3734. of the Revised Code on the disposal of solid wastes at that	57439
facility.	57440

(E) This section does not apply to the disposal of source	57441
separated materials that are exclusively composed of reinforced or	57442
nonreinforced concrete, asphalt, clay tile, building or paving	57443
brick, or building or paving stone at a construction and	57444
demolition debris facility that is licensed under this chapter	57445
when either of the following applies:	57446

(1) The materials are placed within the limits of	57447
construction and demolition debris placement at the facility as	57448
specified in the license issued to the facility under section	57449
3714.06 of the Revised Code, are not placed within the unloading	57450
zone of the facility, and are used as a fire prevention measure in	57451
accordance with rules adopted by the director under section	57452
3714.02 of the Revised Code.	57453

(2) The materials are not placed within the unloading zone of	57454
the facility or within the limits of construction and demolition	57455
debris placement at the facility as specified in the license	57456
issued to the facility under section 3714.06 of the Revised Code,	57457
but are used as fill material, either alone or in conjunction with	57458
clean soil, sand, gravel, or other clean aggregates, in legitimate	57459
fill operations for construction purposes at the facility or to	57460
bring the facility up to a consistent grade.	57461

(F) Notwithstanding any provision of law to the contrary, the	57462
fees levied under this section apply to the disposal of asbestos	57463
and asbestos-containing materials or products at a construction	57464
and demolition debris facility that is licensed under this	57465
chapter.	57466

Sec. 3715.041. (A)(1) As used in this section, "food	57467
processing establishment" has the same meaning as in section	57468
3715.021 of the Revised Code.	57469

(2) A person that operates a food processing establishment	57470
shall register the establishment annually with the director of	57471
agriculture. The person shall submit an application for	57472
registration or renewal on a form prescribed and provided by the	57473
director. Except as provided in division (H) of this section, an	57474
application for registration or renewal shall be accompanied by a	57475
registration fee in an amount established in rules adopted under	57476
this section. If a person files an application for registration on	57477
or after the first day of August of any year, the fee shall be	57478
one-half of the annual registration fee.	57479

(B)(1) The director shall inspect the food processing	57480
establishment for which an application for initial registration	57481
has been submitted. If, upon inspection, the director finds that	57482
the establishment is in compliance with this section and section	57483
3715.021 or 3715.60, applicable provisions of section 3715.52, or	57484
Chapter 911., 913., 915., or 925. of the Revised Code, as	57485
applicable, or applicable rules adopted under those sections or	57486
chapters, the director shall issue a certificate of registration	57487
to the food processing establishment. A food processing	57488
establishment registration expires on the thirty-first day of	57489
January and is valid until that date unless it is suspended or	57490
revoked under this section.	57491

(2) A person that is operating a food processing	57492
establishment on the effective date of this section shall apply to	57493
the director for a certificate of registration not later than	57494
ninety days after the effective date of this section. If an	57495
application is not filed with the director or postmarked on or	57496
before ninety days after the effective date of this section, the	57497
director shall assess a late fee in an amount established in rules	57498
adopted under this section.	57499

(C)(1) A food processing establishment registration may be	57500
renewed by the director. A person seeking registration renewal	57501
shall submit an application for renewal to the director not later	57502
than the thirty-first day of January. The director shall issue a	57503
renewed certificate of registration on receipt of a complete	57504
renewal application except as provided in division (C)(2) of this	57505
section.	57506

(2) If a renewal application is not filed with the director	57507
or postmarked on or before the thirty-first day of January, the	57508
director shall assess a late fee in an amount established in rules	57509
adopted under this section. The director shall not renew the	57510
registration until the applicant pays the late fee.	57511

(D) A copy of the food processing establishment registration	57512
certificate shall be conspicuously displayed in an area of the	57513
establishment to which customers of the establishment have	57514
access.	57515

(E) Except for a food processing establishment that is	57516
operating in a home prior to the effective date of this section,	57517
no food processing establishment shall be operated in a home. If a	57518
food processing establishment that is operating in a home prior to	57519
the effective date of this section increases its existing	57520
operating capacity or transfers ownership, the person operating	57521
the food processing establishment or to whom ownership of the	57522
establishment will be transferred shall apply for a food	57523
processing establishment registration under this section.	57524

(F)(1) The director or the director's designee may issue an	57525
order suspending or revoking a food processing establishment	57526
registration upon determining that the registration holder is in	57527
violation of this section or section 3715.021 or 3715.60,	57528
applicable provisions of section 3715.52, or Chapter 911., 913.,	57529
915., or 925. of the Revised Code, as applicable, or applicable	57530
rules adopted under those sections or chapters. Except as provided	57531
in division (F)(2) of this section, a registration shall not be	57532
suspended or revoked until the registration holder is provided an	57533
opportunity to appeal the suspension or revocation in accordance	57534
with Chapter 119. of the Revised Code.	57535

(2) If the director determines that a food processing	57536
establishment presents an immediate danger to the public health,	57537
the director may issue an order immediately suspending the	57538
establishment's registration without affording the registration	57539
holder an opportunity for a hearing. The director then shall	57540
afford the registration holder a hearing in accordance with	57541
Chapter 119. of the Revised Code not later than ten days after the	57542
date of suspension.	57543

(G) The director shall adopt rules in accordance with Chapter	57544
119. of the Revised Code that establish all of the following:	57545

(1) The amount of the registration fee that must be submitted	57546
with an application for a food processing establishment	57547
registration and with an application for renewal;	57548

(2) The amount of the late fee that is required in division	57549
(B)(2) of this section;	57550

(3) The amount of the fee for the late renewal of a food	57551
processing establishment registration that is required in division	57552
(C)(2) of this section;	57553

(4) Any other procedures and requirements that are necessary	57554
to administer and enforce this section.	57555

(H) The following are not required to pay any registration	57556
fee that is otherwise required in this section:	57557

(1) Home bakeries registered under section 911.02 of the	57558
Revised Code;	57559

(2) Canneries licensed under section 913.02 of the Revised	57560
Code;	57561

(3) Soft drink plants licensed under section 913.23 of the	57562
Revised Code;	57563

(4) Cold-storage warehouses licensed under section 915.02 of	57564
the Revised Code;	57565

(5) Persons licensed under section 915.15 of the Revised	57566
Code;	57567

(6) Persons that are engaged in egg production and that	57568
maintain annually five hundred or fewer laying hens.	57569

(J) All money that is collected under this section shall be	57570
credited to the food safety fund created in section 915.24 of the	57571
Revised Code.	57572

Sec. 3717.07. (A) For purposes of establishing a licensing	57573
fee under sections 3717.25 and 3717.45 of the Revised Code, all of	57574
the following apply:	57575

(1) The director of agriculture ~~and the public health council~~	57576
shall adopt rules establishing a uniform ~~methodologies~~methodology	57577
for use in calculating the costs of licensing retail food	57578
establishments in the categories specified by the director ~~and~~.	57579

(2) The public health council shall adopt rules establishing	57580
a uniform methodology for use in calculating the costs of	57581
licensing food service operations in the categories specified by	57582
the council. In	57583

(3) In adopting the rules, the director of agriculture and	57584
the public health council shall consider any recommendations	57585
received from advisory boards or other entities representing the	57586
interests of retail food establishments and food service	57587
operations.	57588

(B) The rules shall include provisions that do all of the	57589
following:	57590

(1) Provide for calculations to be made according to fiscal	57591
years rather than licensing periods;	57592

(2) Limit the direct costs that may be attributed to the use	57593
of sanitarians by establishing appropriate statewide averages that	57594
may not be exceeded;	57595

(3) Limit the indirect costs that may be included in the	57596
calculation of fees to an amount that does not exceed thirty per	57597
cent of the cost of the licensing program;	57598

(4) Provide for a proportionate reduction in the fees to be	57599
charged if a licensor included anticipated costs in the	57600
immediately preceding calculation of licensing fees and the total	57601
amount of the anticipated costs was not incurred;	57602

(5) Provide for a proportionate reduction in the fees to be	57603
charged if it is discovered through an audit by the auditor of	57604
state or through any other means that the licensor has charged or	57605
is charging a licensing fee that exceeds the amount that should	57606
have been charged;	57607

(6) Provide for a twenty per cent reduction in the fees to be	57608
charged when the reduction is imposed as a penalty under division	57609
(C) of section 3717.071 of the Revised Code;	57610

(7) With regard to any fees charged for licensing vending	57611
machine locations, the rules shall prohibit a licensor from	57612
increasing fees by a percentage of increase over the previous	57613
year's fee that exceeds the percentage of increase in the consumer	57614
price index for all urban consumers (United States city average,	57615
all items), prepared by the United States department of labor,	57616
bureau of labor statistics, for the immediately preceding calendar	57617
year.	57618

Sec. 3717.23. (A) Each person or government entity seeking a	57619
retail food establishment license or the renewal of a license	57620
shall apply to the appropriate licensor on a form provided by the	57621
licensor. A licensor shall use a form prescribed and furnished to	57622
the licensor by the director of agriculture or a form prescribed	57623
by the licensor that has been approved by the director. The	57624
applicant shall include with the application all information	57625
necessary for the licensor to process the application, as	57626
requested by the licensor.	57627

An application for a retail food establishment license, other	57628
than an application for a mobile retail food establishment	57629
license, shall be submitted to the licensor for the health	57630
district in which the retail food establishment is located. An	57631
application for a mobile retail food establishment license shall	57632
be submitted to the licensor for the health district in which the	57633
applicant's business headquarters are located, or, if the	57634
headquarters are located outside this state, to the licensor for	57635
the district where the applicant will first operate in this state.	57636

(B) The licensor shall review all applications received. The	57637
licensor shall issue a license for a new retail food establishment	57638
when the applicant submits a complete application and the licensor	57639
determines that the applicant meets all other requirements of this	57640
chapter and the rules adopted under it for receiving the license.	57641
The licensor shall issue a renewed license on receipt of a	57642
complete renewal application.	57643

The licensor shall issue licenses for retail food	57644
establishments on forms prescribed and furnished by the director	57645
of agriculture. If the license is for a mobile retail food	57646
establishment, the licensor shall post the establishment's layout,	57647
equipment, and items to be sold on the back of the license.	57648

A mobile retail food establishment license issued by one	57649
licensor shall be recognized by all other licensors in this state.	57650

(C)(1) A retail food establishment license expires at the end	57651
of the licensing period for which the license is issued, except as	57652
follows:	57653

(a) A license issued to a new retail food establishment after	57654
the first day of December does not expire until the end of the	57655
licensing period next succeeding issuance of the license.	57656

(b) A temporary retail food establishment license expires at	57657
the end of the period for which it is issued.	57658

(2) All retail food establishment licenses remain valid until	57659
scheduled to expire unless earlier suspended or revoked under	57660
section 3717.29 or 3717.30 of the Revised Code.	57661

(D) A retail food establishment license may be renewed,	57662
except that a temporary retail food establishment license is not	57663
renewable. A person or government entity seeking license renewal	57664
shall submit an application for renewal to the licensor not later	57665
than the first day of March, except in the case of a mobile or	57666
seasonal retail food establishment, when the renewal application	57667
shall be submitted before commencing operation in a new licensing	57668
period. A licensor may renew a license prior to the first day of	57669
March or the first day of operation in a new licensing period, but	57670
not before the first day of February immediately preceding the	57671
licensing period for which the license is being renewed.	57672

If a person or government entity does not file a renewal	57673
application with the licensor postmarked on or before the first	57674
day of March or, in the case of a mobile or seasonal retail food	57675
establishment, the first day of operation in a new licensing	57676
period, the licensor shall assess a penalty if the licensor	57677
charges a license renewal fee. The amount of the penalty shall be	57678
the ~~lesser of fifty dollars or~~greater of twenty-five per cent of	57679
the renewal fee ~~charged for renewing the license~~, ~~if the licensor~~	57680
~~charges renewal fees~~or ten per cent of the renewal fee multiplied	57681
by the number of weeks that have elapsed since payment of the fee	57682
was due. If an applicant is subject to a penalty, the licensor	57683
shall not renew the license until the applicant pays the penalty.	57684

(E)(1) A licensor may issue not more than ten temporary	57685
retail food establishment licenses per licensing period to the	57686
same person or government entity to operate at different events	57687
within the licensor's jurisdiction. For each particular event, a	57688
licensor may issue only one temporary retail food establishment	57689
license to the same person or government entity.	57690

(2) A licensor may issue a temporary retail food	57691
establishment license to operate for more than five consecutive	57692
days if both of the following apply:	57693

(a) The establishment will be operated at an event organized	57694
by a county agricultural society or independent agricultural	57695
society organized under Chapter 1711. of the Revised Code.	57696

(b) The person who will receive the license is a resident of	57697
the county or one of the counties for which the agricultural	57698
society was organized.	57699

(3) A person may be granted only one temporary retail food	57700
establishment license per licensing period pursuant to division	57701
(E)(2) of this section.	57702

(F) The licensor may place restrictions or conditions on a	57703
retail food establishment license, based on the equipment or	57704
facilities of the establishment, limiting the types of food that	57705
may be stored, processed, prepared, manufactured, or otherwise	57706
held or handled for retail sale. Limitations pertaining to a	57707
mobile retail food establishment shall be posted on the back of	57708
the license.	57709

(G) The person or government entity holding a license for a	57710
retail food establishment shall display the license for that	57711
retail food establishment at all times at the licensed location.	57712

(H) With the assistance of the department of agriculture, the	57713
licensor, to the extent practicable, shall computerize the process	57714
for licensing retail food establishments.	57715

Sec. 3717.25. (A) A licensor may charge fees for issuing and	57716
renewing retail food establishment licenses. Any licensing fee	57717
charged shall be used solely for the administration and	57718
enforcement of the provisions of this chapter and the rules	57719
adopted under it applicable to retail food establishments.	57720

Any licensing fee charged under this section shall be based	57721
on the licensor's costs of regulating retail food establishments,	57722
as determined according to the uniform ~~methodologies~~methodology	57723
established under section 3717.07 of the Revised Code. If the	57724
licensor is a board of health, a fee may be disapproved by the	57725
district advisory council in the case of a general health district	57726
or the legislative authority of the city in the case of a city	57727
health district. A disapproved fee shall not be charged by the	57728
board of health.	57729

~~At least thirty days prior to establishing~~Except when a	57730
licensing fee is established as an emergency measure, the licensor	57731
shall hold a public hearing regarding the proposed fee. AtIf a	57732
public hearing is held, at least ~~thirty~~twenty days prior to the	57733
public hearing, the licensor shall give written notice of the	57734
hearing to each person or government entity holding a retail food	57735
establishment license that may be affected by the proposed fee.	57736
The notice shall be mailed to the last known address of the	57737
licensee and shall specify the date, time, and place of the	57738
hearing and the amount of the proposed fee. On request, the	57739
licensor shall provide the completed uniform methodology used in	57740
the calculation of the licensor's costs and the proposed fee.	57741

(B) In addition to licensing fees, a licensor may charge fees	57742
for any of the following:	57743

(1) Review of facility layout and equipment specifications	57744
pertaining to retail food establishments, other than mobile and	57745
temporary retail food establishments;	57746

(2) Any necessary collection and bacteriological examination	57747
of samples from retail food establishments or similar services	57748
specified in rules adopted under this chapter by the director of	57749
agriculture;	57750

(3) Attendance at a course of study offered by the licensor	57751
in food protection as it pertains to retail food establishments,	57752
if the course is approved under section 3717.09 of the Revised	57753
Code.	57754

(C)(1) The director may determine by rule an amount to be	57755
collected from applicants for retail food establishment licenses	57756
for use by the director in administering and enforcing the	57757
provisions of this chapter and the rules adopted under it	57758
applicable to retail food establishments. Licensors shall collect	57759
the amount prior to issuing an applicant's new or renewed license.	57760
If a licensing fee is charged under this section, the licensor	57761
shall collect the amount at the same time the fee is collected.	57762
Licensors are not required to provide notice or hold public	57763
hearings regarding amounts to be collected ~~under this division~~.	57764

~~Not later than sixty days after the last day of the month in~~	57765
~~which a license is issued, the~~	57766

(2) A licensor shall certify the amount collected under ~~this~~	57767
division (C)(1) of this section and transmit the amount to the	57768
treasurer of state~~. All~~according to the following schedule:	57769

(a) For amounts received by the licensor on or after the	57770
first day of January but not later than the thirty-first day of	57771
March, transmit the amounts not later than the fifteenth day of	57772
May;	57773

(b) For amounts received by the licensor on or after the	57774
first day of April but not later than the thirtieth day of June,	57775
transmit the amounts not later than the fifteenth day of August;	57776

(c) For amounts received by the licensor on or after the	57777
first day of July but not later than the thirtieth day of	57778
September, transmit the amounts not later than the fifteenth day	57779
of November;	57780

(d) For amounts received by the licensor on or after the	57781
first day of October but not later than the thirty-first day of	57782
December, transmit the amounts not later than the fifteenth day of	57783
February of the following year.	57784

(3) All amounts received shall be deposited into the food	57785
safety fund created in section 915.24 of the Revised Code. The	57786
director shall use the amounts solely for the administration and	57787
enforcement of the provisions of this chapter and the rules	57788
adopted under it applicable to retail food establishments.	57789

(4) When adopting rules regarding the amounts collected under	57790
this division, the director shall make available during the rule	57791
making process the current and projected expenses of administering	57792
and enforcing the provisions of this chapter and the rules adopted	57793
under it applicable to retail food establishments and the total of	57794
all amounts that have been deposited in the food safety fund	57795
pursuant to ~~this~~ division (C)(3) of this section.	57796

Sec. 3717.43. (A) Each person or government entity	57797
requesting a food service operation license or the renewal of a	57798
license shall apply to the appropriate licensor on a form provided	57799
by the licensor. Licensors shall use a form prescribed and	57800
furnished to the licensor by the director of health or a form	57801
prescribed by the licensor that has been approved by the director.	57802
The applicant shall include with the application all information	57803
necessary for the licensor to process the application, as	57804
requested by the licensor.	57805

An application for a food service operation license, other	57806
than an application for a mobile or catering food service	57807
operation license, shall be submitted to the licensor for the	57808
health district in which the food service operation is located. An	57809
application for a mobile food service operation license shall be	57810
submitted to the licensor for the health district in which the	57811
applicant's business headquarters are located, or, if the	57812
headquarters are located outside this state, to the licensor for	57813
the district where the applicant will first operate in this state.	57814
An application for a catering food service operation license shall	57815
be submitted to the licensor for the district where the	57816
applicant's base of operation is located.	57817

(B) The licensor shall review all applications received. The	57818
licensor shall issue a license for a new food service operation	57819
when the applicant submits a complete application and the licensor	57820
determines that the applicant meets all other requirements of this	57821
chapter and the rules adopted under it for receiving the license.	57822
The licensor shall issue a renewed license on receipt of a	57823
complete renewal application.	57824

The licensor shall issue licenses for food service operations	57825
on forms prescribed and furnished by the director of health. If	57826
the license is for a mobile food service operation, the licensor	57827
shall post the operation's layout, equipment, and menu on the back	57828
of the license.	57829

A mobile or catering food service operation license issued by	57830
one licensor shall be recognized by all other licensors in this	57831
state.	57832

(C)(1) A food service operation license expires at the end of	57833
the licensing period for which the license is issued, except as	57834
follows:	57835

(a) A license issued to a new food service operation after	57836
the first day of December shall not expire until the end of the	57837
licensing period next succeeding issuance of the license.	57838

(b) A temporary food service operation license expires at the	57839
end of the period for which it is issued.	57840

(2) All food service operation licenses remain valid until	57841
they are scheduled to expire unless earlier suspended or revoked	57842
under section 3717.49 of the Revised Code.	57843

(D) A food service operation license may be renewed, except	57844
that a temporary food service operation license is not renewable.	57845
A person or government entity seeking license renewal shall submit	57846
an application for renewal to the licensor not later than the	57847
first day of March, except that in the case of a mobile or	57848
seasonal food service operation the renewal application shall be	57849
submitted before commencing operation in a new licensing period. A	57850
licensor may renew a license prior to the first day of March or	57851
the first day of operation in a new licensing period, but not	57852
before the first day of February immediately preceding the	57853
licensing period for which the license is being renewed.	57854

If a renewal application is not filed with the licensor or	57855
postmarked on or before the first day of March or, in the case of	57856
a mobile or seasonal food service operation, the first day of	57857
operation in a new licensing period, the licensor shall assess a	57858
penalty if the licensor charges a license renewal fee. The amount	57859
of the penalty shall be the ~~lesser of fifty dollars or~~greater of	57860
twenty-five per cent of the renewal fee ~~charged for renewing~~	57861
~~licenses~~, ~~if the licensor charges renewal fees~~or ten per cent of	57862
the renewal fee multiplied by the number of weeks that have	57863
elapsed since payment of the fee was due. If an applicant is	57864
subject to a penalty, the licensor shall not renew the license	57865
until the applicant pays the penalty.	57866

(E)(1) A licensor may issue not more than ten temporary food	57867
service operation licenses per licensing period to the same person	57868
or government entity to operate at different events within the	57869
licensor's jurisdiction. For each particular event, a licensor may	57870
issue only one temporary food service operation license to the	57871
same person or government entity.	57872

(2) A licensor may issue a temporary food service operation	57873
license to operate for more than five consecutive days if both of	57874
the following apply:	57875

(a) The operation will be operated at an event organized by a	57876
county agricultural society or independent agricultural society	57877
organized under Chapter 1711. of the Revised Code;	57878

(b) The person who will receive the license is a resident of	57879
the county or one of the counties for which the agricultural	57880
society was organized.	57881

(3) A person may be granted only one temporary food service	57882
operation license per licensing period pursuant to division (E)(2)	57883
of this section.	57884

(F) The licensor may place restrictions or conditions on a	57885
food service operation license limiting the types of food that may	57886
be prepared or served by the food service operation based on the	57887
equipment or facilities of the food service operation. Limitations	57888
pertaining to a mobile or catering food service operation shall be	57889
posted on the back of the license.	57890

(G) The person or government entity holding a license for a	57891
food service operation shall display the license for that food	57892
service operation at all times at the licensed location. A person	57893
or government entity holding a catering food service operation	57894
license shall also maintain a copy of the license at each catered	57895
event.	57896

(H) With the assistance of the department of health, the	57897
licensor, to the extent practicable, shall computerize the process	57898
for licensing food service operations.	57899

Sec. 3717.45. (A) A licensor may charge fees for issuing and	57900
renewing food service operation licenses. Any licensing fee	57901
charged shall be used solely for the administration and	57902
enforcement of the provisions of this chapter and the rules	57903
adopted under it applicable to food service operations.	57904

Any licensing fee charged under this section shall be based	57905
on the licensor's costs of regulating food service operations, as	57906
determined according to the uniform ~~methodologies~~methodology	57907
established under section 3717.07 of the Revised Code. If the	57908
licensor is a board of health, a fee may be disapproved by the	57909
district advisory council in the case of a general health district	57910
or the legislative authority of the city in the case of a city	57911
health district. A disapproved fee shall not be charged by the	57912
board of health.	57913

~~At least thirty days prior to establishing~~Except when a	57914
licensing fee is established as an emergency measure, the licensor	57915
shall hold a public hearing regarding the proposed fee. AtIf a	57916
public hearing is held, at least ~~thirty~~twenty days prior to the	57917
public hearing, the licensor shall give written notice of the	57918
hearing to each person or government entity holding a food service	57919
operation license that may be affected by the proposed fee. The	57920
notice shall be mailed to the last known address of the licensee	57921
and shall specify the date, time, and place of the hearing and the	57922
amount of the proposed fee. On request, the licensor shall provide	57923
the completed uniform methodology used in the calculation of the	57924
licensor's costs and the proposed fee.	57925

(B) In addition to licensing fees, a licensor may charge fees	57926
for the following:	57927

(1) Review of facility layout and equipment specifications	57928
pertaining to food service operations, other than mobile and	57929
temporary food service operations, or similar reviews conducted	57930
for vending machine locations;	57931

(2) Any necessary collection and bacteriological examination	57932
of samples from food service operations, or similar services	57933
specified in rules adopted under this chapter by the public health	57934
council;	57935

(3) Attendance at a course of study offered by the licensor	57936
in food protection as it pertains to food service operations, if	57937
the course is approved under section 3717.09 of the Revised Code.	57938

(C)(1) The public health council may determine by rule an	57939
amount to be collected from applicants for food service operation	57940
licenses for use by the director of health in administering and	57941
enforcing the provisions of this chapter and the rules adopted	57942
under it applicable to food service operations. Licensors shall	57943
collect the amount prior to issuing an applicant's new or renewed	57944
license. If a licensing fee is charged under this section, the	57945
licensor shall collect the amount at the same time the fee is	57946
collected. Licensors are not required to provide notice or hold	57947
public hearings regarding amounts to be collected ~~under this~~	57948
~~division~~.	57949

~~Not later than sixty days after the last day of the month in~~	57950
~~which a license is issued, the~~	57951

(2) A licensor shall certify the amount collected under ~~this~~	57952
division (C)(1) of this section and transmit the amount to the	57953
treasurer of state~~. All~~according to the following schedule:	57954

(a) For amounts received by the licensor on or after the	57955
first day of January but not later than the thirty-first day of	57956
March, transmit the amounts not later than the fifteenth day of	57957
May;	57958

(b) For amounts received by the licensor on or after the	57959
first day of April but not later than the thirtieth day of June,	57960
transmit the amounts not later than the fifteenth day of August;	57961

(c) For amounts received by the licensor on or after the	57962
first day of July but not later than the thirtieth day of	57963
September, transmit the amounts not later than the fifteenth day	57964
of November;	57965

(d) For amounts received by the licensor on or after the	57966
first day of October but not later than the thirty-first day of	57967
December, transmit the amounts not later than the fifteenth day of	57968
February of the following year.	57969

(3) All amounts received shall be deposited into the general	57970
operations fund created in section 3701.83 of the Revised Code.	57971
The director shall use the amounts solely for the administration	57972
and enforcement of the provisions of this chapter and the rules	57973
adopted under it applicable to food service operations.	57974

(4) The director may submit recommendations to the public	57975
health council regarding the amounts collected under this	57976
division. When making recommendations, the director shall submit a	57977
report stating the current and projected expenses of administering	57978
and enforcing the provisions of this chapter and the rules adopted	57979
under it applicable to food service operations and the total of	57980
all amounts that have been deposited in the general operations	57981
fund pursuant to ~~this~~ division (C)(3) of this section. The	57982
director may include in the report any recommendations for	57983
modifying the department's administration and enforcement of the	57984
provisions of this chapter and the rules adopted under it	57985
applicable to food service operations.	57986

Sec. 3718.03. (A) There is hereby created the sewage	57987
treatment system technical advisory committee consisting of the	57988
director of health or the director's designee and ten members who	57989
are knowledgeable about sewage treatment systems and technologies.	57990
Of the ten members, four shall be appointed by the governor,	57991
three shall be appointed by the president of the senate, and	57992
three shall be appointed by the speaker of the house of	57993
representatives.	57994

(1) Of the members appointed by the governor, one shall	57995
represent academia, one shall be a representative of the public	57996
who is not employed by the state or any of its political	57997
subdivisions and who does not have a pecuniary interest in	57998
household sewage treatment systems, one shall be an engineer from	57999
the environmental protection agency, and one shall be selected	58000
from among soil scientists in the division of soil and water	58001
~~conservation~~resources in the department of natural resources.	58002

(2) Of the members appointed by the president of the senate,	58003
one shall be a health commissioner who is a member of and	58004
recommended by the association of Ohio health commissioners, one	58005
shall represent the interests of manufacturers of household sewage	58006
treatment systems, and one shall represent installers and service	58007
providers.	58008

(3) Of the members appointed by the speaker of the house of	58009
representatives, one shall be a health commissioner who is a	58010
member of and recommended by the association of Ohio health	58011
commissioners, one shall represent the interests of manufacturers	58012
of household sewage treatment systems, and one shall be a	58013
sanitarian who is registered under Chapter 4736. of the Revised	58014
Code and who is a member of the Ohio environmental health	58015
association.	58016

(B) Terms of members appointed to the committee shall be for	58017
three years, with each term ending on the same day of the same	58018
month as did the term that it succeeds. Each member shall serve	58019
from the date of appointment until the end of the term for which	58020
the member was appointed.	58021

Members may be reappointed. Vacancies shall be filled in the	58022
same manner as provided for original appointments. Any member	58023
appointed to fill a vacancy occurring prior to the expiration date	58024
of the term for which the member was appointed shall hold office	58025
for the remainder of that term. A member shall continue to serve	58026
after the expiration date of the member's term until the member's	58027
successor is appointed or until a period of sixty days has	58028
elapsed, whichever occurs first. The applicable appointing	58029
authority may remove a member from the committee for failure to	58030
attend two consecutive meetings without showing good cause for	58031
the absences.	58032

(C) The technical advisory committee annually shall select	58033
from among its members a chairperson and a vice-chairperson and a	58034
secretary to keep a record of its proceedings. A majority vote of	58035
the members of the full committee is necessary to take action on	58036
any matter. The committee may adopt bylaws governing its	58037
operation, including bylaws that establish the frequency of	58038
meetings.	58039

(D) Serving as a member of the sewage treatment system	58040
technical advisory committee does not constitute holding a public	58041
office or position of employment under the laws of this state and	58042
does not constitute grounds for removal of public officers or	58043
employees from their offices or positions of employment. Members	58044
of the committee shall serve without compensation for attending	58045
committee meetings.	58046

(E) A member of the committee shall not have a conflict of	58047
interest with the position. For the purposes of this division,	58048
"conflict of interest" means the taking of any action that	58049
violates any provision of Chapter 102. or 2921. of the Revised	58050
Code.	58051

(F) The sewage treatment system technical advisory committee	58052
shall do all of the following:	58053

(1) Develop with the department of health standards and	58054
guidelines for approving or disapproving a sewage treatment	58055
system or components of a system under section 3718.04 of the	58056
Revised Code;	58057

(2) Develop with the department an application form to be	58058
submitted to the director by an applicant for approval or	58059
disapproval of a sewage treatment system or components of a system	58060
and specify the information that must be included with an	58061
application form;	58062

(3) Advise the director on the approval or disapproval of an	58063
application sent to the director under section 3718.04 of the	58064
Revised Code requesting approval of a sewage treatment system or	58065
components of a system;	58066

(4) Pursue and recruit in an active manner the research,	58067
development, introduction, and timely approval of innovative and	58068
cost-effective household sewage treatment systems and components	58069
of a system for use in this state, which shall include conducting	58070
pilot projects to assess the effectiveness of a system or	58071
components of a system;	58072

(5) By January 1, 2008, provide the household sewage and	58073
small flow on-site sewage treatment system study commission	58074
created by Am. Sub. H.B. 119 of the 127th general assembly with a	58075
list of available alternative systems and the estimated cost of	58076
each system.	58077

(G) The chairperson of the committee shall prepare and	58078
submit an annual report concerning the activities of the	58079
committee to the general assembly not later than ninety days after	58080
the end of the calendar year. The report shall discuss the number	58081
of applications submitted under section 3718.04 of the Revised	58082
Code for the approval of a new sewage treatment system or a	58083
component of a system, the number of such systems and components	58084
that were approved, any information that the committee considers	58085
beneficial to the general assembly, and any other information that	58086
the chairperson determines is beneficial to the general assembly.	58087
If other members of the committee determine that certain	58088
information should be included in the report, they shall submit	58089
the information to the chairperson not later than thirty days	58090
after the end of the calendar year.	58091

(H) The department shall provide meeting space for the	58092
committee. The committee shall be assisted in its duties by the	58093
staff of the department.	58094

(I) Sections 101.82 to 101.87 of the Revised Code do not	58095
apply to the sewage treatment system technical advisory committee.	58096

Sec. 3718.06. (A)(1) A board of health shall establish fees	58097
in accordance with section 3709.09 of the Revised Code for the	58098
purpose of carrying out its duties under this chapter and rules	58099
adopted under it, including a fee for an installation permit	58100
issued by the board. All fees so established and collected by the	58101
board shall be deposited in a special fund of the district to be	58102
used exclusively by the board in carrying out those duties.	58103

(2) In accordance with Chapter 119. of the Revised Code, the	58104
public health council may establish by rule a fee to be collected	58105
from applicants for installation permits issued under rules	58106
adopted under this chapter. The director of health shall use the	58107
proceeds from that fee for administering and enforcing this	58108
chapter and the rules adopted under it by the council. A board of	58109
health shall collect and transmit the fee ~~at the same time that it~~	58110
~~collects the fee established by it under division (A)(1) of this~~	58111
~~section for installation permits~~.	58112

~~Not later than sixty days after the last day of the month in~~	58113
~~which an installation permit is issued, a board shall certify the~~	58114
~~amount collected under division (A)(2) of this section and~~	58115
~~transmit the amount to the treasurer of state. All money so~~	58116
~~received shall be deposited in the state treasury to the credit of~~	58117
~~the general operations fund created in section 3701.83 of the~~	58118
~~Revised Code~~to the director pursuant to section 3709.092 of the	58119
Revised Code. The director shall use the money so credited solely	58120
for the administration and enforcement of this chapter and the	58121
rules adopted under it by the public health council.	58122

(B) The director may submit recommendations to the council	58123
regarding the amount of the fee collected under division (A)(2) of	58124
this section for installation permits. When making the	58125
recommendations, the director shall submit a report stating the	58126
current and projected expenses of administering and enforcing this	58127
chapter and the rules adopted under it by the council and the	58128
total of all money that has been deposited to the credit of the	58129
general operations fund under division (A)(2) of this section. The	58130
director may include in the report any recommendations for	58131
modifying the requirements established under this chapter and the	58132
rules adopted under it by the council.	58133

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	58134
3721.99 of the Revised Code:	58135

(1)(a) "Home" means an institution, residence, or facility	58136
that provides, for a period of more than twenty-four hours,	58137
whether for a consideration or not, accommodations to three or	58138
more unrelated individuals who are dependent upon the services of	58139
others, including a nursing home, residential care facility, home	58140
for the aging, and a veterans' home operated under Chapter 5907.	58141
of the Revised Code.	58142

(b) "Home" also means both of the following:

58143

(i) Any facility that a person, as defined in section 3702.51	58144
of the Revised Code, proposes for certification as a skilled	58145
nursing facility or nursing facility under Title XVIII or XIX of	58146
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	58147
as amended, and for which a certificate of need, other than a	58148
certificate to recategorize hospital beds as described in section	58149
3702.522 of the Revised Code or division (R)(7)(d) of the version	58150
of section 3702.51 of the Revised Code in effect immediately prior	58151
to April 20, 1995, has been granted to the person under sections	58152
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	58153

(ii) A county home or district home that is or has been	58154
licensed as a residential care facility.	58155

58156

(i) Except as provided in division (A)(1)(b) of this section,	58157
a public hospital or hospital as defined in section 3701.01 or	58158
5122.01 of the Revised Code;	58159

(ii) A residential facility for mentally ill persons as	58160
defined under section 5119.22 of the Revised Code;	58161

(iii) A residential facility as defined in section 5123.19 of	58162
the Revised Code;	58163

(iv) ~~A community alternative home as defined in section~~	58164
~~3724.01 of the Revised Code;~~	58165

~~(v)~~ An adult care facility as defined in section 3722.01 of	58166
the Revised Code;	58167

~~(vi)~~(v) An alcohol or drug addiction program as defined in	58168
section 3793.01 of the Revised Code;	58169

~~(vii)~~(vi) A facility licensed to provide methadone treatment	58170
under section 3793.11 of the Revised Code;	58171

~~(viii)~~(vii) A facility providing services under contract with	58172
the department of mental retardation and developmental	58173
disabilities under section 5123.18 of the Revised Code;	58174

~~(ix)~~(viii) A facility operated by a hospice care program	58175
licensed under section 3712.04 of the Revised Code that is used	58176
exclusively for care of hospice patients;	58177

~~(x)~~(ix) A facility, infirmary, or other entity that is	58178
operated by a religious order, provides care exclusively to	58179
members of religious orders who take vows of celibacy and live by	58180
virtue of their vows within the orders as if related, and does not	58181
participate in the medicare program established under Title XVIII	58182
of the "Social Security Act" or the medical assistance program	58183
established under Chapter 5111. of the Revised Code and Title XIX	58184
of the "Social Security Act," if on January 1, 1994, the facility,	58185
infirmary, or entity was providing care exclusively to members of	58186
the religious order;	58187

~~(xi)~~(x) A county home or district home that has never been	58188
licensed as a residential care facility.	58189

(2) "Unrelated individual" means one who is not related to	58190
the owner or operator of a home or to the spouse of the owner or	58191
operator as a parent, grandparent, child, grandchild, brother,	58192
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	58193
uncle.	58194

(3) "Mental impairment" does not mean mental illness as	58195
defined in section 5122.01 of the Revised Code or mental	58196
retardation as defined in section 5123.01 of the Revised Code.	58197

(4) "Skilled nursing care" means procedures that require	58198
technical skills and knowledge beyond those the untrained person	58199
possesses and that are commonly employed in providing for the	58200
physical, mental, and emotional needs of the ill or otherwise	58201
incapacitated. "Skilled nursing care" includes, but is not limited	58202
to, the following:	58203

(a) Irrigations, catheterizations, application of dressings,	58204
and supervision of special diets;	58205

(b) Objective observation of changes in the patient's	58206
condition as a means of analyzing and determining the nursing care	58207
required and the need for further medical diagnosis and treatment;	58208

58209

(d) Administration of medication by any method ordered by a	58210
physician, such as hypodermically, rectally, or orally, including	58211
observation of the patient after receipt of the medication;	58212

(e) Carrying out other treatments prescribed by the physician	58213
that involve a similar level of complexity and skill in	58214
administration.	58215

(5)(a) "Personal care services" means services including, but	58216
not limited to, the following:	58217

(i) Assisting residents with activities of daily living;

58218

(ii) Assisting residents with self-administration of	58219
medication, in accordance with rules adopted under section 3721.04	58220
of the Revised Code;	58221

(iii) Preparing special diets, other than complex therapeutic	58222
diets, for residents pursuant to the instructions of a physician	58223
or a licensed dietitian, in accordance with rules adopted under	58224
section 3721.04 of the Revised Code.	58225

(b) "Personal care services" does not include "skilled	58226
nursing care" as defined in division (A)(4) of this section. A	58227
facility need not provide more than one of the services listed in	58228
division (A)(5)(a) of this section to be considered to be	58229
providing personal care services.	58230

(6) "Nursing home" means a home used for the reception and	58231
care of individuals who by reason of illness or physical or mental	58232
impairment require skilled nursing care and of individuals who	58233
require personal care services but not skilled nursing care. A	58234
nursing home is licensed to provide personal care services and	58235
skilled nursing care.	58236

(7) "Residential care facility" means a home that provides	58237
either of the following:	58238

(a) Accommodations for seventeen or more unrelated	58239
individuals and supervision and personal care services for three	58240
or more of those individuals who are dependent on the services of	58241
others by reason of age or physical or mental impairment;	58242

(b) Accommodations for three or more unrelated individuals,	58243
supervision and personal care services for at least three of those	58244
individuals who are dependent on the services of others by reason	58245
of age or physical or mental impairment, and, to at least one of	58246
those individuals, any of the skilled nursing care authorized by	58247
section 3721.011 of the Revised Code.	58248

(8) "Home for the aging" means a home that provides services	58249
as a residential care facility and a nursing home, except that the	58250
home provides its services only to individuals who are dependent	58251
on the services of others by reason of both age and physical or	58252
mental impairment.	58253

The part or unit of a home for the aging that provides	58254
services only as a residential care facility is licensed as a	58255
residential care facility. The part or unit that may provide	58256
skilled nursing care beyond the extent authorized by section	58257
3721.011 of the Revised Code is licensed as a nursing home.	58258

(9) "County home" and "district home" mean a county home or	58259
district home operated under Chapter 5155. of the Revised Code.	58260

(B) The public health council may further classify homes. For	58261
the purposes of this chapter, any residence, institution, hotel,	58262
congregate housing project, or similar facility that meets the	58263
definition of a home under this section is such a home regardless	58264
of how the facility holds itself out to the public.	58265

(C) For purposes of this chapter, personal care services or	58266
skilled nursing care shall be considered to be provided by a	58267
facility if they are provided by a person employed by or	58268
associated with the facility or by another person pursuant to an	58269
agreement to which neither the resident who receives the services	58270
nor the resident's sponsor is a party.	58271

(D) Nothing in division (A)(4) of this section shall be	58272
construed to permit skilled nursing care to be imposed on an	58273
individual who does not require skilled nursing care.	58274

Nothing in division (A)(5) of this section shall be construed	58275
to permit personal care services to be imposed on an individual	58276
who is capable of performing the activity in question without	58277
assistance.	58278

(E) Division (A)(1)(c)~~(x)~~(ix) of this section does not	58279
prohibit a facility, infirmary, or other entity described in that	58280
division from seeking licensure under sections 3721.01 to 3721.09	58281
of the Revised Code or certification under Title XVIII or XIX of	58282
the "Social Security Act." However, such a facility, infirmary, or	58283
entity that applies for licensure or certification must meet the	58284
requirements of those sections or titles and the rules adopted	58285
under them and obtain a certificate of need from the director of	58286
health under section 3702.52 of the Revised Code.	58287

(F) Nothing in this chapter, or rules adopted pursuant to it,	58288
shall be construed as authorizing the supervision, regulation, or	58289
control of the spiritual care or treatment of residents or	58290
patients in any home who rely upon treatment by prayer or	58291
spiritual means in accordance with the creed or tenets of any	58292
recognized church or religious denomination.	58293

Sec. 3721.02. (A) The director of health shall license homes	58294
and establish procedures to be followed in inspecting and	58295
licensing homes. The director may inspect a home at any time. Each	58296
home shall be inspected by the director at least once prior to the	58297
issuance of a license and at least once every fifteen months	58298
thereafter. The state fire marshal or a township, municipal, or	58299
other legally constituted fire department approved by the marshal	58300
shall also inspect a home prior to issuance of a license, at least	58301
once every fifteen months thereafter, and at any other time	58302
requested by the director. A home does not have to be inspected	58303
prior to issuance of a license by the director, state fire	58304
marshal, or a fire department if ownership of the home is assigned	58305
or transferred to a different person and the home was licensed	58306
under this chapter immediately prior to the assignment or	58307
transfer. The director may enter at any time, for the purposes of	58308
investigation, any institution, residence, facility, or other	58309
structure that has been reported to the director or that the	58310
director has reasonable cause to believe is operating as a nursing	58311
home, residential care facility, or home for the aging without a	58312
valid license required by section 3721.05 of the Revised Code or,	58313
in the case of a county home or district home, is operating	58314
despite the revocation of its residential care facility license.	58315
The director may delegate the director's authority and duties	58316
under this chapter to any division, bureau, agency, or official of	58317
the department of health.	58318

(B) A single facility may be licensed both as a nursing home	58319
pursuant to this chapter and as an adult care facility pursuant to	58320
Chapter 3722. of the Revised Code if the director determines that	58321
the part or unit to be licensed as a nursing home can be	58322
maintained separate and discrete from the part or unit to be	58323
licensed as an adult care facility.	58324

(C) In determining the number of residents in a home for the	58325
purpose of licensing, the director shall consider all the	58326
individuals for whom the home provides accommodations as one group	58327
unless one of the following is the case:	58328

(1) The home is a home for the aging, in which case all the	58329
individuals in the part or unit licensed as a nursing home shall	58330
be considered as one group, and all the individuals in the part or	58331
unit licensed as a rest home shall be considered as another group.	58332

(2) The home is both a nursing home and an adult care	58333
facility. In that case, all the individuals in the part or unit	58334
licensed as a nursing home shall be considered as one group, and	58335
all the individuals in the part or unit licensed as an adult care	58336
facility shall be considered as another group.	58337

(3) The home maintains, in addition to a nursing home or	58338
residential care facility, a separate and discrete part or unit	58339
that provides accommodations to individuals who do not require or	58340
receive skilled nursing care and do not receive personal care	58341
services from the home, in which case the individuals in the	58342
separate and discrete part or unit shall not be considered in	58343
determining the number of residents in the home if the separate	58344
and discrete part or unit is in compliance with the Ohio basic	58345
building code established by the board of building standards under	58346
Chapters 3781. and 3791. of the Revised Code and the home permits	58347
the director, on request, to inspect the separate and discrete	58348
part or unit and speak with the individuals residing there, if	58349
they consent, to determine whether the separate and discrete part	58350
or unit meets the requirements of this division.	58351

(D)(1) The director of health shall charge anthe following	58352
application fee and an annual renewal licensing and inspection fee	58353
~~of one hundred seventy dollars~~ for each fifty persons or part	58354
thereof of a home's licensed capacity:	58355

(a) For state fiscal year 2010, two hundred twenty dollars;

58356

(b) For state fiscal year 2011, two hundred seventy dollars;

58357

(c) For each state fiscal year thereafter, three hundred	58358
twenty dollars. ~~All~~	58359

(2) All fees collected by the director for the issuance or	58360
renewal of licenses shall be deposited into the state treasury to	58361
the credit of the general operations fund created in section	58362
3701.83 of the Revised Code for use only in administering and	58363
enforcing this chapter and rules adopted under it.	58364

(E)(1) Except as otherwise provided in this section, the	58365
results of an inspection or investigation of a home that is	58366
conducted under this section, including any statement of	58367
deficiencies and all findings and deficiencies cited in the	58368
statement on the basis of the inspection or investigation, shall	58369
be used solely to determine the home's compliance with this	58370
chapter or another chapter of the Revised Code in any action or	58371
proceeding other than an action commenced under division (I) of	58372
section 3721.17 of the Revised Code. Those results of an	58373
inspection or investigation, that statement of deficiencies, and	58374
the findings and deficiencies cited in that statement shall not be	58375
used in any court or in any action or proceeding that is pending	58376
in any court and are not admissible in evidence in any action or	58377
proceeding unless that action or proceeding is an appeal of an	58378
action by the department of health under this chapter or is an	58379
action by any department or agency of the state to enforce this	58380
chapter or another chapter of the Revised Code.	58381

(2) Nothing in division (E)(1) of this section prohibits the	58382
results of an inspection or investigation conducted under this	58383
section from being used in a criminal investigation or	58384
prosecution.	58385

Sec. 3721.071. The buildings in which a home is housed shall	58386
be equipped with both an automatic fire extinguishing system and	58387
fire alarm system. Such systems shall conform to standards set	58388
forth in the regulations of the board of building standards and	58389
the state fire marshal.	58390

The time for compliance with the requirements imposed by this	58391
section shall be January 1, 1975, except that the date for	58392
compliance with the automatic fire extinguishing requirements is	58393
extended to January 1, 1976, provided the buildings of the home	58394
are otherwise in compliance with fire safety laws and regulations	58395
and:	58396

(A) The home within thirty days after August 4, 1975, files a	58397
written plan with the state fire marshal's office that:	58398

(1) Outlines the interim safety procedures which shall be	58399
carried out to reduce the possibility of a fire;	58400

(2) Provides evidence that the home has entered into an	58401
agreement for a fire safety inspection to be conducted not less	58402
than monthly by a qualified independent safety engineer consultant	58403
or a township, municipal, or other legally constituted fire	58404
department, or by a township or municipal fire prevention officer;	58405

(3) Provides verification that the home has entered into a	58406
valid contract for the installation of an automatic fire	58407
extinguishing system or fire alarm system, or both, as required to	58408
comply with this section;	58409

(4) Includes a statement regarding the expected date for the	58410
completion of the fire extinguishing system or fire alarm system,	58411
or both.	58412

(B) Inspections by a qualified independent safety engineer	58413
consultant or a township, municipal, or other legally constituted	58414
fire department, or by a township or municipal fire prevention	58415
officer are initiated no later than sixty days after August 4,	58416
1975, and are conducted no less than monthly thereafter, and	58417
reports of the consultant, fire department, or fire prevention	58418
officer identifying existing hazards and recommended corrective	58419
actions are submitted to the state fire marshal, the division of	58420
~~industrial compliance~~labor in the department of commerce, and the	58421
department of health.	58422

It is the express intent of the general assembly that the	58423
department of job and family services shall terminate payments	58424
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	58425
42 U.S.C. 301, as amended, to those homes which do not comply with	58426
the requirements of this section for the submission of a written	58427
fire safety plan and the deadline for entering into contracts for	58428
the installation of systems.	58429

Sec. 3721.23. (A) The director of health shall receive,	58430
review, and investigate allegations of abuse or neglect of a	58431
resident or misappropriation of the property of a resident by any	58432
individual used by a long-term care facility or residential care	58433
facility to provide services to residents.	58434

(B) The director shall make findings regarding alleged abuse,	58435
neglect, or misappropriation of property after doing both of the	58436
following:	58437

(1) Investigating the allegation and determining that there	58438
is a reasonable basis for itthe allegation;	58439

(2) Giving notice to the individual named in the allegation	58440
and affording the individual a reasonable opportunity for a	58441
hearing.	58442

Notice to the person named in an allegation shall be given	58443
and the hearing shall be conducted pursuant to rules adopted by	58444
the director under section 3721.26 of the Revised Code. For	58445
purposes of conducting a hearing under this section, the director	58446
may issue subpoenas compelling attendance of witnesses or	58447
production of documents or other evidence. The subpoenas ~~shall~~may	58448
be served in the same manner as subpoenas and subpoenas duces	58449
tecum issued for a trial of a civil action in a court of common	58450
pleas or they may be served by a representative of the director.	58451
If a person who is served a subpoena fails to attend a hearing or	58452
to produce documents or other evidence, or refuses to be sworn or	58453
to answer any questions, the director may apply to the common	58454
pleas court of the county in which the person resides, or the	58455
county in which the long-term care facility or residential care	58456
facility is located, for a contempt order, as in the case of a	58457
failure of a person who is served a subpoena issued by the court	58458
to attend or to produce documents or other evidence or a refusal	58459
of such person to testify.	58460

(C)(1) If the director finds that an individual used by a	58461
long-term care facility or residential care facility has neglected	58462
or abused a resident or misappropriated property of a resident,	58463
the director shall notify the individual, the facility using the	58464
individual, and the attorney general, county prosecutor, or other	58465
appropriate law enforcement official. The director also shall do	58466
the following:	58467

(a) If the individual is used by a long-term care facility as	58468
a nurse aide, the director shall, in accordance with section	58469
3721.32 of the Revised Code, include in the nurse aide registry	58470
established under that section a statement detailing the findings	58471
pertaining to the individual.	58472

(b) If the individual is a licensed health professional used	58473
by a long-term care facility or residential care facility to	58474
provide services to residents, the director shall notify the	58475
appropriate professional licensing authority established under	58476
Title XLVII of the Revised Code.	58477

(c) If the individual is used by a long-term care facility	58478
and is neither a nurse aide nor a licensed health professional, or	58479
is used by a residential care facility and is not a licensed	58480
health professional, the director shall, in accordance with	58481
section 3721.32 of the Revised Code, include in the nurse aide	58482
registry a statement detailing the findings pertaining to the	58483
individual.	58484

(2) A nurse aide or other individual about whom a statement	58485
is required by this division to be included in the nurse aide	58486
registry may provide the director with a statement disputing the	58487
director's findings and explaining the circumstances of the	58488
allegation. The statement shall be included in the nurse aide	58489
registry with the director's findings.	58490

(D)(1) If the director finds that alleged neglect or abuse of	58491
a resident or misappropriation of property of a resident cannot be	58492
substantiated, the director shall notify the individual and	58493
expunge all files and records of the investigation and the hearing	58494
by doing all of the following:	58495

(a) Removing and destroying the files and records, originals	58496
and copies, and deleting all index references;	58497

(b) Reporting to the individual the nature and extent of any	58498
information about the individual transmitted to any other person	58499
or government entity by the director of health;	58500

(c) Otherwise ensuring that any examination of files and	58501
records in question show no record whatever with respect to the	58502
individual.	58503

(2)(a) If, in accordance with division (C)(1)(a) or (c) of	58504
this section, the director includes in the nurse aide registry a	58505
statement of a finding of neglect, the individual found to have	58506
neglected a resident may, not earlier than one year after the date	58507
of the finding, petition the director to rescind the finding and	58508
remove the statement and any accompanying information from the	58509
nurse aide registry. The director shall consider the petition. If,	58510
in the judgment of the director, the neglect was a singular	58511
occurrence and the employment and personal history of the	58512
individual does not evidence abuse or any other incident of	58513
neglect of residents, the director shall notify the individual and	58514
remove the statement and any accompanying information from the	58515
nurse aide registry. The director shall expunge all files and	58516
records of the investigation and the hearing, except the petition	58517
for rescission of the finding of neglect and the director's notice	58518
that the rescission has been approved.	58519

(b) A petition for rescission of a finding of neglect and the	58520
director's notice that the rescission has been approved are not	58521
public records for the purposes of section 149.43 of the Revised	58522
Code.	58523

(3) When files and records have been expunged under division	58524
(D)(1) or (2) of this section, all rights and privileges are	58525
restored, and the individual, the director, and any other person	58526
or government entity may properly reply to an inquiry that no such	58527
record exists as to the matter expunged.	58528

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	58529
Revised Code:	58530

(A) "Hospital" has the same meaning as in section 3727.01 of	58531
the Revised Code.	58532

(B) "Inpatient days" means all days during which a resident	58533
of a nursing facility, regardless of payment source, occupies a	58534
bed in the nursing facility that is included in the facility's	58535
certified capacity under Title XIX. Therapeutic or hospital leave	58536
days for which payment is made under section 5111.26 of the	58537
Revised Code are considered inpatient days proportionate to the	58538
percentage of the facility's per resident per day rate paid for	58539
those days.	58540

(C) "Medicaid" has the same meaning as in section 5111.01 of	58541
the Revised Code.	58542

(D) "Medicaid day" means all days during which a resident who	58543
is a medicaid recipient occupies a bed in a nursing facility that	58544
is included in the facility's certified capacity under Title XIX.	58545
Therapeutic or hospital leave days for which payment is made under	58546
section 5111.26 of the Revised Code are considered medicaid days	58547
proportionate to the percentage of the nursing facility's per	58548
resident per day rate for those days.	58549

(E) "Medicare" means the program established by Title XVIII.

58550

(F) "Nursing facility" has the same meaning as in section	58551
5111.20 of the Revised Code.	58552

~~(F)~~(G)(1) "Nursing home" means all of the following:

58553

(a) A nursing home licensed under section 3721.02 or 3721.09	58554
of the Revised Code, including any part of a home for the aging	58555
licensed as a nursing home;	58556

(b) A facility or part of a facility, other than a hospital,	58557
that is certified as a skilled nursing facility under Title XVIII;	58558

(c) A nursing facility, other than a portion of a hospital	58559
certified as a nursing facility.	58560

(2) "Nursing home" does not include any of the following:

58561

(a) A county home, county nursing home, or district home	58562
operated pursuant to Chapter 5155. of the Revised Code;	58563

(b) A nursing home maintained and operated by the Ohio	58564
veterans' home agency under section 5907.01 of the Revised Code;	58565

(c) A nursing home or part of a nursing home licensed under	58566
section 3721.02 or 3721.09 of the Revised Code that is certified	58567
as an intermediate care facility for the mentally retarded under	58568
Title XIX.	58569

~~(G)~~(H) "Title XIX" means Title XIX of the "Social Security	58570
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	58571

~~(H)~~(I) "Title XVIII" means Title XVIII of the "Social	58572
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	58573

Sec. 3721.51. The department of job and family services	58574
shall do all of the following:	58575

(A) Subject to sections 3721.512 and 3721.513 of the Revised	58576
Code and division (C) of this section and for the purposes	58577
specified in sections 3721.56 and 3721.561 of the Revised Code,	58578
determine an annual franchise permit fee on each nursing home in	58579
an amount equal to ~~six~~eleven dollars ~~and twenty-five cents~~,	58580
multiplied by the product of the following:	58581

(1) The number of beds licensed as nursing home beds, plus	58582
any other beds certified as skilled nursing facility beds under	58583
Title XVIII or nursing facility beds under Title XIX on the first	58584
day of May of the calendar year in which the fee is determined	58585
pursuant to division (A) of section 3721.53 of the Revised Code;	58586

(2) The number of days in the fiscal year beginning on the	58587
first day of July of the calendar year in which the fee is	58588
determined pursuant to division (A) of section 3721.53 of the	58589
Revised Code.	58590

(B) Subject to sections 3721.512 and 3721.513 of the Revised	58591
Code and division (C) of this section and for the purposes	58592
specified in sections 3721.56 and 3721.561 of the Revised Code,	58593
determine an annual franchise permit fee on each hospital in an	58594
amount equal to ~~six~~eleven dollars ~~and twenty-five cents~~,	58595
multiplied by the product of the following:	58596

(1) The number of beds registered pursuant to section 3701.07	58597
of the Revised Code as skilled nursing facility beds or long-term	58598
care beds, plus any other beds licensed as nursing home beds under	58599
section 3721.02 or 3721.09 of the Revised Code, on the first day	58600
of May of the calendar year in which the fee is determined	58601
pursuant to division (A) of section 3721.53 of the Revised Code;	58602

(2) The number of days in the fiscal year beginning on the	58603
first day of July of the calendar year in which the fee is	58604
determined pursuant to division (A) of section 3721.53 of the	58605
Revised Code.	58606

(C) If the United States centers for medicare and medicaid	58607
services determines that the franchise permit fee established by	58608
sections 3721.50 to 3721.58 of the Revised Code is an	58609
impermissible health care related tax under section 1903(w) of the	58610
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	58611
amended, take all necessary actions to cease implementation of	58612
sections 3721.50 to 3721.58 of the Revised Code in accordance with	58613
rules adopted under section 3721.58 of the Revised Code.	58614

Sec. 3721.511. (A) Not later than one month after the	58615
effective date of this section, the department of job and family	58616
services shall apply to the United States secretary of health and	58617
human services for a waiver under 42 U.S.C. 1396b(w)(3)(E) as	58618
necessary to do both of the following regarding the franchise	58619
permit fee imposed by section 3721.51 of the Revised Code:	58620

(1) Reduce the franchise permit fee to zero dollars for each	58621
nursing home licensed under section 3721.02 or 3721.09 of the	58622
Revised Code that meets all of the following requirements:	58623

(a) It is exempt from state taxation under section 140.08 of	58624
the Revised Code or is exempt from state taxation as a home for	58625
the aged as defined in section 5701.13 of the Revised Code.	58626

(b) It is exempt from federal income taxation under section	58627
501 of the Internal Revenue Code of 1986.	58628

58629

(d) It provides services for the life of each resident	58630
without regard to the resident's ability to secure payment for the	58631
services.	58632

(2) For each nursing facility with more than two hundred beds	58633
certified as nursing facility beds under Title XIX, reduce the	58634
franchise permit fee for a number of the nursing facility's beds	58635
specified by the department to the amount necessary to obtain	58636
approval of the waiver sought under this section.	58637

(B) The effective date of the waiver sought under this	58638
section shall be the first day of the calendar quarter beginning	58639
after the United States secretary approves the waiver.	58640

Sec. 3721.512. If the United States secretary of health and	58641
human services approves the waiver sought under section 3721.511	58642
of the Revised Code, the department of job and family services	58643
shall, for each nursing home and hospital that qualifies for a	58644
reduction of its franchise permit fee under the waiver, reduce the	58645
franchise permit fee in accordance with the terms of the waiver.	58646
For purposes of the first fiscal year during which the waiver	58647
takes effect, the department shall determine the amount of the	58648
reduction not later than the effective date of the waiver and	58649
shall mail to each nursing home and hospital qualifying for the	58650
reduction notice of the reduction not later than the last day of	58651
the first month of the calendar quarter that begins after the	58652
United States secretary approves the waiver. For purposes of	58653
subsequent fiscal years, the department shall make such	58654
determinations and mail such notices in accordance with section	58655
3721.53 of the Revised Code.	58656

Sec. 3721.513. (A) If the United States secretary of health	58657
and human services approves the waiver sought under section	58658
3721.511 of the Revised Code, the department of job and family	58659
services may do both of the following regarding the franchise	58660
permit fee imposed by section 3721.51 of the Revised Code:	58661

(1) Determine how much money the franchise permit fee would	58662
have raised in a fiscal year if not for the waiver;	58663

(2) For each nursing home and hospital subject to the	58664
franchise permit fee, other than a nursing home or hospital that	58665
has its franchise permit fee reduced under section 3721.512 of the	58666
Revised Code, uniformly increase the amount of the franchise	58667
permit fee for a fiscal year to an amount that will have the	58668
franchise permit fee raise an amount of money that does not exceed	58669
the amount determined under division (A)(1) of this section for	58670
that fiscal year.	58671

(B) If the department increases the franchise permit fee in	58672
accordance with division (A) of this section for the first fiscal	58673
year during which the waiver takes effect, the department shall	58674
determine the amount of the increase not later than the effective	58675
date of the waiver and shall mail to each nursing home and	58676
hospital subject to the increase notice of the increase not later	58677
than the last day of the first month of the calendar quarter that	58678
begins after the United States secretary approves the waiver. If	58679
the department increases the franchise permit fee in accordance	58680
with division (A) of this section for a subsequent fiscal year,	58681
the department shall make such determinations and mail such	58682
notices in accordance with section 3721.53 of the Revised Code.	58683

Sec. 3721.53. (A) Not later than the fifteenth day of August	58684
of each year, the department of job and family services shall	58685
determine the annual franchise permit fee for each nursing home	58686
and hospital in accordance with ~~division (A) of~~ section 3721.51 of	58687
the Revised Code and ~~the annual franchise permit fee for each~~	58688
~~hospital~~any adjustments made in accordance with ~~division (B) of~~	58689
~~that section~~sections 3721.512 and 3721.513 of the Revised Code.	58690

(B) Not later than the first day of September of each year,	58691
the department shall mail to each nursing home and hospital notice	58692
of the amount of the franchise permit fee that has been determined	58693
for the nursing home or hospital.	58694

(C) Each nursing home and hospital shall pay its fee under	58695
section 3721.51 of the Revised Code, as adjusted in accordance	58696
with sections 3721.512 and 3721.513 of the Revised Code, to the	58697
department in quarterly installment payments not later than	58698
forty-five days after the last day of each September, December,	58699
March, and June.	58700

(D) No nursing home or hospital shall directly bill its	58701
residents for the fee paid under this section, or otherwise	58702
directly pass the fee through to its residents.	58703

Sec. 3721.55. (A) A nursing home or hospital may appeal the	58704
fee imposed under section 3721.51 of the Revised Code, as adjusted	58705
under section 3721.512 or 3721.513 of the Revised Code, solely on	58706
the grounds that the department of job and family services	58707
committed a material error in determining the amount of the fee. A	58708
request for an appeal must be received by the department not later	58709
than fifteen days after the date the department mails the notice	58710
of the fee and must include written materials setting forth the	58711
basis for the appeal.	58712

(B) If a nursing home or hospital submits a request for an	58713
appeal within the time required under division (A) of this	58714
section, the department of job and family services shall hold a	58715
public hearing in Columbus not later than thirty days after the	58716
date the department receives the request for an appeal. The	58717
department shall, not later than ten days before the date of the	58718
hearing, mail a notice of the date, time, and place of the hearing	58719
to the nursing home or hospital. The department may hear all the	58720
requested appeals in one public hearing.	58721

(C) On the basis of the evidence presented at the hearing or	58722
any other evidence submitted by the nursing home or hospital, the	58723
department may adjust a fee. The department's decision is final.	58724

Sec. 3721.56. There is hereby created in the state treasury	58725
the home- and community-based services for the aged fund. ~~Sixteen~~	58726
Nine and nine hundredths per cent of all payments and penalties	58727
paid by nursing homes and hospitals under sections 3721.53 and	58728
3721.54 of the Revised Code shall be deposited into the fund.	58729
The departments of job and family services and aging shall use	58730
the moneys in the fund to fund the following in accordance with	58731
rules adopted under section 3721.58 of the Revised Code:	58732

(A) The medicaid program established under Chapter 5111. of	58733
the Revised Code, including the PASSPORT program established under	58734
section 173.40 of the Revised Code;	58735

(B) The residential state supplement program established	58736
under section 173.35 of the Revised Code.	58737

Sec. 3722.01. (A) As used in this chapter:

58738

(1) "Owner" means the person who owns the business of and who	58739
ultimately controls the operation of an adult care facility and to	58740
whom the manager, if different from the owner, is responsible.	58741

(2) "Manager" means the person responsible for the daily	58742
operation of an adult care facility. The manager and the owner of	58743
a facility may be the same person.	58744

(3) "Adult" means an individual eighteen years of age or	58745
older.	58746

(4) "Unrelated" means that an adult resident is not related	58747
to the owner or manager of an adult care facility or to the	58748
owner's or manager's spouse as a parent, grandparent, child,	58749
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	58750
uncle, or as the child of an aunt or uncle.	58751

(5) "Skilled nursing care" means skilled nursing care as	58752
defined in section 3721.01 of the Revised Code.	58753

(6)(a) "Personal care services" means services including, but	58754
not limited to, the following:	58755

(i) ~~Assisting residents~~Assistance with activities of daily	58756
living;	58757

(ii) ~~Assisting residents~~Assistance with self-administration	58758
of medication, in accordance with rules adopted by the public	58759
health council pursuant to this chapter;	58760

(iii) ~~Preparing~~Preparation of special diets, other than	58761
complex therapeutic diets, for residents pursuant to the	58762
instructions of a physician or a licensed dietitian, in accordance	58763
with rules adopted by the public health council pursuant to this	58764
chapter.	58765

(b) "Personal care services" does not include "skilled	58766
nursing care" as defined in section 3721.01 of the Revised Code. A	58767
facility need not provide more than one of the services listed in	58768
division (A)(6)(a) of this section for the facility to be	58769
considered to be providing personal care services.	58770

(7) "Adult family home" means a residence or facility that	58771
provides accommodations and supervision to three to five unrelated	58772
adults ~~and supervision and personal care services to~~, at least	58773
three of ~~those adults~~whom require personal care services.	58774

(8) "Adult group home" means a residence or facility that	58775
provides accommodations and supervision to six to sixteen	58776
unrelated adults ~~and provides supervision and personal care~~	58777
~~services to~~, at least three of ~~the unrelated adults~~whom require	58778
personal care services.	58779

(9) "Adult care facility" means an adult family home or an	58780
adult group home. For the purposes of this chapter, any residence,	58781
facility, institution, hotel, congregate housing project, or	58782
similar facility that provides accommodations and supervision to	58783
three to sixteen unrelated adults, at least three of whom ~~are~~	58784
~~provided~~require personal care services, is an adult care facility	58785
regardless of how the facility holds itself out to the public.	58786
"Adult care facility" does not include:	58787

(a) A facility operated by a hospice care program licensed	58788
under section 3712.04 of the Revised Code that is used exclusively	58789
for care of hospice patients;	58790

(b) A nursing home, residential care facility, or home for	58791
the aging as defined in section 3721.01 of the Revised Code;	58792

(c) ~~A community alternative home as defined in section~~	58793
~~3724.01 of the Revised Code;~~	58794

~~(d)~~ An alcohol and drug addiction program as defined in	58795
section 3793.01 of the Revised Code;	58796

~~(e)~~(d) A residential facility for the mentally ill licensed	58797
by the department of mental health under section 5119.22 of the	58798
Revised Code;	58799

~~(f)~~(e) A facility licensed to provide methadone treatment	58800
under section 3793.11 of the Revised Code;	58801

~~(g)~~(f) A residential facility licensed under section 5123.19	58802
of the Revised Code or otherwise regulated by the department of	58803
mental retardation and developmental disabilities;	58804

~~(h)~~(g) Any residence, institution, hotel, congregate housing	58805
project, or similar facility that provides personal care services	58806
to fewer than three residents or that provides, for any number of	58807
residents, only housing, housekeeping, laundry, meal preparation,	58808
social or recreational activities, maintenance, security,	58809
transportation, and similar services that are not personal care	58810
services or skilled nursing care;	58811

~~(i)~~(h) Any facility that receives funding for operating costs	58812
from the department of development under any program established	58813
to provide emergency shelter housing or transitional housing for	58814
the homeless;	58815

~~(j)~~(i) A terminal care facility for the homeless that has	58816
entered into an agreement with a hospice care program under	58817
section 3712.07 of the Revised Code;	58818

~~(k)~~(j) A facility approved by the veterans administration	58819
under section 104(a) of the "Veterans Health Care Amendments of	58820
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	58821
exclusively for the placement and care of veterans;	58822

~~(l) Until January 1, 1994, the portion of a facility in which~~	58823
~~care is provided exclusively to members of a religious order if~~	58824
~~the facility is owned by or part of a nonprofit institution of~~	58825
~~higher education authorized to award degrees by the Ohio board of~~	58826
~~regents under Chapter 1713. of the Revised Code~~.	58827

(10) "Residents' rights advocate" means:

58828

(a) An employee or representative of any state or local	58829
government entity that has a responsibility for residents of adult	58830
care facilities and has registered with the department of health	58831
under section 3701.07 of the Revised Code;	58832

(b) An employee or representative, other than a manager or	58833
employee of an adult care facility or nursing home, of any private	58834
nonprofit corporation or association that qualifies for tax-exempt	58835
status under section 501(a) of the "Internal Revenue Code of	58836
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	58837
registered with the department of health under section 3701.07 of	58838
the Revised Code, and whose purposes include educating and	58839
counseling residents, assisting residents in resolving problems	58840
and complaints concerning their care and treatment, and assisting	58841
them in securing adequate services.	58842

(11) "Sponsor" means an adult relative, friend, or guardian	58843
of a resident of an adult care facility who has an interest in or	58844
responsibility for the resident's welfare.	58845

(12) "Ombudsperson" means a "representative of the office of	58846
the state long-term care ombudsperson program" as defined in	58847
section 173.14 of the Revised Code.	58848

(13) "Mental health agency" means a community mental health	58849
agency, as defined in section 5119.22 of the Revised Code, under	58850
contract with a board of alcohol, drug addiction, and mental	58851
health services pursuant to division (A)(8)(a) of section 340.03	58852
of the Revised Code.	58853

(B) For purposes of this chapter, personal care services or	58854
skilled nursing care shall be considered to be provided by a	58855
facility if they are provided by a person employed by or	58856
associated with the facility or by another person pursuant to an	58857
agreement to which neither the resident who receives the services	58858
nor the resident's sponsor is a party.	58859

(C) Nothing in division (A)(6) of this section shall be	58860
construed to permit personal care services to be imposed upon a	58861
resident who is capable of performing the activity in question	58862
without assistance.	58863

Sec. 3722.011. (A) All medication taken by residents of an	58864
adult care facility shall be self-administered, except that	58865
medication may be administered to a resident ~~by a home health~~	58866
~~agency, hospice care program, nursing home staff, mental health~~	58867
~~agency, or board of alcohol, drug addiction, and mental health~~	58868
~~services under~~as part of the skilled nursing care provided in	58869
accordance with division (B) of section 3722.16 of the Revised	58870
Code. ~~Members of the staff of an adult care facility shall not~~	58871
~~administer medication to residents.~~ No person shall be admitted to	58872
or retained by an adult care facility unless the person is capable	58873
of ~~taking~~self-administering the person's ~~own~~ medication ~~and~~	58874
~~biologicals~~, as determined in writing by ~~the person's personal~~a	58875
physician, except that a person may be admitted to or retained by	58876
such a facility if the person's medication is administered ~~by a~~	58877
~~home health agency, hospice care program, nursing home staff,~~	58878
~~mental health agency, or board of alcohol, drug addiction, and~~	58879
~~mental health services under~~as part of the skilled nursing care	58880
provided in accordance with division (B) of section 3722.16 of	58881
the Revised Code. ~~Members~~	58882

(B) Members of the staff of an adult care facility shall not	58883
administer medication to residents but may do any of the	58884
following:	58885

~~(A)~~ Remind a resident when to take medication and watch to	58886
ensure that the resident follows the directions on the container;	58887

~~(B)~~ Assist a resident in the self-administration of	58888
medication by taking the medication from the locked area where it	58889
is stored, in accordance with rules adopted by the public health	58890
council pursuant to this chapter, and handing it to the resident.	58891
If the resident is physically unable to open the container, a	58892
staff member may open the container for the resident.	58893

~~(C)~~ Assist a physically impaired but mentally alert resident,	58894
such as a resident with arthritis, cerebral palsy, or Parkinson's	58895
disease, in removing oral or topical medication from containers	58896
and in consuming or applying the medication, upon request by or	58897
with the consent of the resident. If a resident is physically	58898
unable to place a dose of medicine to the resident's mouth without	58899
spilling it, a staff member may place the dose in a container and	58900
place the container to the mouth of the resident.	58901

Sec. 3722.02. A person seeking a license to operate an adult	58902
care facility shall submit to the director of health an	58903
application on a form prescribed by the director and the	58904
following:	58905

(A) In the case of an adult group home seeking licensure as	58906
an adult care facility, evidence that the home has been inspected	58907
and approved by a local certified building department or by the	58908
division of ~~industrial compliance~~labor in the department of	58909
commerce as meeting the applicable requirements of sections	58910
3781.06 to 3781.18 and 3791.04 of the Revised Code and any rules	58911
adopted under those sections and evidence that the home has been	58912
inspected by the state fire marshal or fire prevention officer of	58913
a municipal, township, or other legally constituted fire	58914
department approved by the state fire marshal and found to be in	58915
compliance with rules adopted under section 3737.83 of the	58916
Revised Code regarding fire prevention and safety in adult group	58917
homes;	58918

(B) Valid approvals of the facility's water and sewage	58919
systems issued by the responsible governmental entity, if	58920
applicable;	58921

(C) A statement of ownership containing the following	58922
information:	58923

(1) If the owner is an individual, the owner's name, address,	58924
telephone number, business address, business telephone number, and	58925
occupation. If the owner is an association, corporation, or	58926
partnership, the business activity, address, and telephone number	58927
of the entity and the name of every person who has an ownership	58928
interest of five per cent or more in the entity.	58929

(2) If the owner does not own the building or if the owner	58930
owns only part of the building in which the facility is housed,	58931
the name of each person who has an ownership interest of five per	58932
cent or more in the building;	58933

(3) The address of any adult care facility and any facility	58934
described in divisions (A)(9)(a) to ~~(h)~~(j) of section 3722.01 of	58935
the Revised Code in which the owner has an ownership interest of	58936
five per cent or more;	58937

(4) The identity of the manager of the adult care facility,	58938
if different from the owner;	58939

(5) The name and address of any adult care facility and any	58940
facility described in divisions (A)(9)(a) to ~~(h)~~(j) of section	58941
3722.01 of the Revised Code with which either the owner or manager	58942
has been affiliated through ownership or employment in the five	58943
years prior to the date of the application;	58944

(6) The names and addresses of three persons not employed by	58945
or associated in business with the owner who will provide	58946
information about the character, reputation, and competence of the	58947
owner and the manager and the financial responsibility of the	58948
owner;	58949

(7) Information about any arrest of the owner or manager for,	58950
or adjudication or conviction of, a criminal offense related to	58951
the provision of care in an adult care facility or any facility	58952
described in divisions (A)(9)(a) to ~~(h)~~(j) of section 3722.01 of	58953
the Revised Code or the ability to operate a facility;	58954

(8) Any other information the director may require regarding	58955
the owner's ability to operate the facility.	58956

(D) If the facility is an adult group home, a balance sheet	58957
showing the assets and liabilities of the owner and a statement	58958
projecting revenues and expenses for the first twelve months of	58959
the facility's operation;	58960

(E) ~~Proof of insurance in an amount and type determined in~~	58961
~~rules adopted by the public health council pursuant to this~~	58962
~~chapter to be adequate;~~A statement containing the following	58963
information regarding admissions to the facility:	58964

(1) The intended bed capacity of the facility;

58965

(2) Whether the facility will admit persons referred by or	58966
receiving services from a board of alcohol, drug addiction, and	58967
mental health services board or a mental health agency;	58968

(3) If the facility will admit persons referred by or	58969
receiving services from a board of alcohol, drug addiction, and	58970
mental health services board or a mental health agency, the total	58971
number of beds anticipated to be occupied as a result of those	58972
admissions.	58973

(F) A nonrefundable license application fee in an amount	58974
established in rules adopted by the public health council pursuant	58975
to this chapter.	58976

Sec. 3722.021. In determining the number of residents in a	58977
facility for the purpose of licensure under this chapter, the	58978
director of health shall consider all the individuals for whom the	58979
facility provides accommodations as one group unless either of the	58980
following is the case:	58981

(A) ~~The~~In addition to being an adult care facility, the	58982
facility is ~~both~~ a nursing home licensed under Chapter 3721. of	58983
the Revised Code ~~and an adult care facility~~, a residential	58984
facility licensed under that chapter, or both. In that case, all	58985
the individuals in the part or unit licensed as a nursing home,	58986
residential care facility, or both, shall be considered as one	58987
group and all the individuals in the part or unit licensed as an	58988
adult care facility shall be considered as another group.	58989

(B) The facility maintains, in addition to an adult care	58990
facility, a separate and discrete part or unit that provides	58991
accommodations to individuals who do not receive supervision or	58992
personal care services from the adult care facility, in which case	58993
the individuals in the separate and discrete part or unit shall	58994
not be considered in determining the number of residents in the	58995
adult care facility if the separate and discrete part or unit is	58996
in compliance with the Ohio basic building code established by the	58997
board of building standards under Chapters 3781. and 3791. of the	58998
Revised Code and the adult care facility, to the extent of its	58999
authority, permits the director, on request, to inspect the	59000
separate and discrete part or unit and speak with the individuals	59001
residing there, if they consent, to determine whether the separate	59002
and discrete part or unit meets the requirements of this division.	59003

Sec. 3722.022. A person may not apply for a license to	59004
operate an adult care facility if the person is or has been the	59005
owner or manager of an adult care facility for which a license to	59006
operate was revoked or for which renewal of a license was refused	59007
for any reason other than nonpayment of the license renewal fee,	59008
unless both of the following conditions are met:	59009

(A) A period of not less than two years has elapsed since the	59010
date the director of health issued the order revoking or refusing	59011
to renew the facility's license.	59012

(B) The director's revocation or refusal to renew the license	59013
was not based on an act or omission at the facility that violated	59014
a resident's right to be free from abuse, neglect, or	59015
exploitation.	59016

Sec. 3722.04. (A)~~(1)~~ The director of health shall inspect,	59017
license, and regulate adult care facilities. Except as otherwise	59018
provided in division (D) of this section, the director shall issue	59019
a license to an adult care facility that meets the requirements of	59020
section 3722.02 of the Revised Code and that the director	59021
determines to be in substantial compliance with the rules adopted	59022
by the public health council pursuant to this chapter. The	59023
director shall consider the past record of the owner and manager	59024
and any individuals who are principal participants in an entity	59025
that is the owner or manager in operating facilities providing	59026
care to adults. The director may, in accordance with Chapter 119.	59027
of the Revised Code, deny a license if the past record indicates	59028
that the owner or manager is not suitable to own or manage an	59029
adult care facility.	59030

The license shall contain the name and address of the	59031
facility for which it was issued, the date of expiration of the	59032
license, and the maximum number of residents that may be	59033
accommodated by the facility. A license for an adult care facility	59034
shall be valid for a period of two years after the date of	59035
issuance. No single facility may be licensed to operate as more	59036
than one adult care facility.	59037

~~(2) Notwithstanding division (A)(1) of this section and~~	59038
~~sections 3722.02 and 3722.041 of the Revised Code, the director~~	59039
~~may issue a temporary license if the requirements of divisions~~	59040
~~(C), (D), and (F) of section 3722.02 of the Revised Code have been~~	59041
~~met. A temporary license shall be valid for a period of ninety~~	59042
~~days and, except as otherwise provided in division (A)(3) of~~	59043
~~section 3722.05 of the Revised Code, may be renewed, without~~	59044
~~payment of an additional application fee, for an additional ninety~~	59045
~~days.~~	59046

(B) The director shall renew a license for a two-year period	59047
if the facility continues to be in compliance with the	59048
requirements of this chapter and in substantial compliance with	59049
the rules adopted under this chapter. The owner shall submit a	59050
nonrefundable license renewal application fee in an amount	59051
established in rules adopted by the public health council pursuant	59052
to this chapter. Before the license of an adult group home is	59053
renewed, if any alterations have been made to the buildings, a	59054
certificate of occupancy for the facility shall have been issued	59055
by the division of ~~industrial compliance~~labor in the department	59056
of commerce or a local certified building department. The facility	59057
shall have water and sewage system approvals, if required by law,	59058
and, in the case of an adult group home, documentation of	59059
continued compliance with the rules adopted by the state fire	59060
marshal under division (F) of section 3737.83 of the Revised Code.	59061

(C) ~~The~~(1) During each licensure period, the director shall	59062
make at least one ~~unannounced~~ inspection of an adult care facility	59063
~~during each licensure period~~ in addition to inspecting the	59064
facility to determine whether a license should be issued or	59065
renewed, and may make additional ~~unannounced~~ inspections as the	59066
director considers necessary. Other inspections may be made at any	59067
time that the director considers appropriate. ~~The~~	59068

The director shall determine whether an inspection is to be	59069
conducted as an announced or unannounced inspection. In the case	59070
of an unannounced inspection, the director shall take all	59071
reasonable actions to avoid giving notice of anthe inspection by	59072
the manner in which the inspection is scheduled or performed. ~~Not~~	59073

Not later than sixty days after the date of an inspection of	59074
a facility, the director shall send a report of the inspection to	59075
the ombudsperson in whose region the facility is located. ~~The~~	59076

(2) The state fire marshal or fire prevention officer of a	59077
municipal, township, or other legally constituted fire department	59078
approved by the state fire marshal shall inspect an adult group	59079
home seeking a license or renewal under this chapter as an adult	59080
care facility prior to issuance of a license or renewal, at least	59081
once annually thereafter, and at any other time at the request of	59082
the director, to determine compliance with the rules adopted under	59083
division (F) of section 3737.83 of the Revised Code.	59084

(D) The director may waive any of the licensing requirements	59085
having to do with fire and safety requirements or building	59086
standards established by rule adopted by the public health council	59087
pursuant to this chapter upon written request of the facility. The	59088
director may grant a waiver if the director determines that the	59089
strict application of the licensing requirement would cause undue	59090
hardship to the facility and that granting the waiver would not	59091
jeopardize the health or safety of any resident. The director may	59092
provide a facility with an informal hearing concerning the denial	59093
of a waiver request, but the facility shall not be entitled to a	59094
hearing under Chapter 119. of the Revised Code unless the director	59095
takes an action that requires a hearing to be held under section	59096
3722.05 of the Revised Code.	59097

(E)(1) Not later than thirty days after each of the	59098
following, the owner of an adult care facility shall submit an	59099
inspection fee of twenty dollars for each bed for which the	59100
facility is licensed:	59101

(a) Issuance or renewal of a license~~, other than a temporary~~	59102
~~license~~;	59103

(b) The ~~unannounced~~ inspection required by division (C)(1) of	59104
this section that is in addition to the inspection conducted to	59105
determine whether a license should be issued or renewed;	59106

(c) If, during an inspection conducted in addition to the two	59107
inspections required by division (C)(1) of this section, the	59108
facility was found to be in violation of this chapter or the rules	59109
adopted under it, receipt by the facility of the report of that	59110
investigation.	59111

(2) The director may revoke the license of any adult care	59112
facility that fails to submit the fee within the thirty-day	59113
period.	59114

(3) All inspection fees received by the director, all civil	59115
penalties assessed under section 3722.08 of the Revised Code, all	59116
fines imposed under section 3722.99 of the Revised Code, and all	59117
license application and renewal application fees received under	59118
division (F) of section 3722.02 of the Revised Code or under	59119
division (B) of this section shall be deposited into the general	59120
operations fund created in section 3701.83 of the Revised Code and	59121
shall be used only to pay the costs of administering and enforcing	59122
the requirements of this chapter and rules adopted under it.	59123

(F)(1) An owner shall inform the director in writing of any	59124
changes in the information contained in the statement of ownership	59125
made pursuant to division (C) of section 3722.02 of the Revised	59126
Code or in the identity of the manager, not later than ten days	59127
after the change occurs.	59128

(2) An owner who sells or transfers an adult care facility	59129
shall be responsible and liable for the following:	59130

(a) Any civil penalties imposed against the facility under	59131
section 3722.08 of the Revised Code for violations that occur	59132
before the date of transfer of ownership or during any period in	59133
which the seller or the seller's agent operates the facility;	59134

(b) Any outstanding liability to the state, unless the buyer	59135
or transferee has agreed, as a condition of the sale or transfer,	59136
to accept the outstanding liabilities and to guarantee their	59137
payment, except that if the buyer or transferee fails to meet	59138
these obligations the seller or transferor shall remain	59139
responsible for the outstanding liability.	59140

(G) The director shall annually publish a list of licensed	59141
adult care facilities, facilities ~~whose~~for which licenses have	59142
been revoked ~~or not renewed~~, facilities for which license renewal	59143
has been refused, any facilities under an order suspending	59144
admissions pursuant to section 3722.07 of the Revised Code, and	59145
any facilities that have been assessed a civil penalty pursuant to	59146
section 3722.08 of the Revised Code. The director shall furnish	59147
information concerning the status of licensure of any facility to	59148
any person upon request. The director shall annually send a copy	59149
of the list to the department of job and family services, to the	59150
department of mental health, and to the department of aging.	59151

Sec. 3722.041. (A) Sections 3781.06 to 3781.18 and 3791.04	59152
of the Revised Code do not apply to an adult family home for which	59153
application is made to the director of health for licensure as an	59154
adult care facility under this chapter. Adult family homes shall	59155
not be required to submit evidence to the director of health that	59156
the home has been inspected by a local certified building	59157
department or the division of ~~industrial compliance~~labor in the	59158
department of commerce or by the state fire marshal or a fire	59159
prevention officer under section 3722.02 of the Revised Code, but	59160
shall be inspected by the director of health to determine	59161
compliance with this section. An inspection made under this	59162
section may be made at the same time as an inspection made under	59163
section 3722.04 of the Revised Code.	59164

(B) The director shall not license or renew the license of an	59165
adult family home unless it meets the fire protection standards	59166
established by rules adopted by the public health council pursuant	59167
to this chapter.	59168

Sec. 3722.05. ~~(A)(1)~~ If an adult care facility fails to	59169
comply with any requirement of this chapter or with any rule	59170
adopted pursuant to this chapter, the director of health may do	59171
any one or all of the following:	59172

~~(a)~~(A) In accordance with Chapter 119. of the Revised Code,	59173
deny, revoke, or refuse to renew the license of the facility;	59174

~~(b)~~(B) Give the facility an opportunity to correct the	59175
violation, in accordance with section 3722.06 of the Revised Code;	59176

~~(c)~~(C) Issue an order suspending the admission of residents	59177
to the facility, in accordance with section 3722.07 of the Revised	59178
Code;	59179

~~(d)~~(D) Impose a civil penalty in accordance with section	59180
3722.08 of the Revised Code;	59181

~~(e)~~(E) Petition the court of common pleas for injunctive	59182
relief in accordance with section 3722.09 of the Revised Code.	59183

~~(2) The director may refuse to renew the temporary license of~~	59184
~~any adult care facility for failure to make reasonable progress~~	59185
~~toward compliance with the requirements for licensure under~~	59186
~~section 3722.02 of the Revised Code and rules adopted by the~~	59187
~~public health council pursuant to this chapter. The director may~~	59188
~~revoke a temporary license upon a finding that the facility~~	59189
~~jeopardizes the health or safety of any of its residents.~~	59190
~~Proceedings initiated to deny, revoke, or refuse to renew a~~	59191
~~temporary license are not subject to Chapter 119. of the Revised~~	59192
~~Code.~~	59193

~~(3) The director may renew a temporary license for the~~	59194
~~duration of proceedings under Chapter 119. of the Revised Code~~	59195
~~regarding the denial of a permanent license if he determines that~~	59196
~~the continued operation of the facility will not jeopardize the~~	59197
~~health or safety of the residents.~~	59198

Sec. 3722.06. Except as otherwise provided in sections	59199
3722.07 to 3722.09 of the Revised Code and except in cases of	59200
violations that jeopardize the health and safety of any of the	59201
residents, if the director determines that a licensed adult care	59202
facility is in violation of this chapter or of rules adopted	59203
pursuant to this chapter, hethe director shall give the facility	59204
an opportunity to correct the violation. The director shall notify	59205
the facility of the violation~~, prescribe the steps necessary to~~	59206
~~correct the condition,~~ and specify a reasonable time for making	59207
the corrections. Notice of the violation ~~and the prescribed~~	59208
~~corrections~~ shall be in writing and shall include a citation to	59209
the statute or rule violated. The director shall state the action	59210
that hethe director will take if the corrections are not made	59211
within the specified period of time.	59212

The facility shall submit to the director a plan of	59213
correction stating the actions that will be taken to correct the	59214
violation. The director shall conduct an inspection to determine	59215
whether the facility has corrected the violation in accordance	59216
with the plan of correction.	59217

If the director determines that the facility has failed to	59218
correct the violation in accordance with the plan of correction,	59219
the director may impose a penalty under section 3722.08 of the	59220
Revised Code. If the director ~~subsequently~~ determines that the	59221
license of the facility should be revoked or should not be renewed	59222
because the facility has failed to correct the violation within	59223
the time specified or because the violation jeopardizes the health	59224
or safety of any of the residents, the director shall revoke or	59225
refuse to renew the license in accordance with Chapter 119. of the	59226
Revised Code.	59227

Sec. 3722.08. (A) If the director of health determines that	59228
an adult care facility is in violation of this chapter or rules	59229
adopted under it, the director may impose a civil penalty on the	59230
owner of the facility, pursuant to rules adopted by the public	59231
health council under this chapter~~, on the owner of the facility~~.	59232
The director shall determine the classification and amount of the	59233
penalty by considering the following factors:	59234

(1) The gravity of the violation, the severity of the actual	59235
or potential harm, and the extent to which the provisions of this	59236
chapter or rules adopted under it were violated;	59237

(2) Actions taken by the owner or manager to correct the	59238
violation;	59239

(3) The number, if any, of previous violations by the adult	59240
care facility.	59241

(B) The director shall give written notice of the order	59242
imposing a civil penalty to the adult care facility by certified	59243
mail, return receipt requested, or shall provide for delivery of	59244
the notice in person. The notice shall specify the classification	59245
of the violation as determined by rules adopted by the public	59246
health council pursuant to this chapter, the amount of the penalty	59247
and the rate of interest, the action that is required to be taken	59248
to correct the violation, the time within which it is to be	59249
corrected as specified in division (C) of this section, and the	59250
procedures for the facility to follow to request a conference on	59251
the order imposing a civil penalty. If the facility requests a	59252
conference in a letter mailed or delivered not later than two	59253
working days after it has received the notice, the director shall	59254
hold a conference with representatives of the facility concerning	59255
the civil penalty. The conference shall be held not later than	59256
seven days after the director receives the request. The conference	59257
shall be conducted as prescribed in division (C) of section	59258
3722.07 of the Revised Code. If the director issues an order	59259
upholding the civil penalty, the facility may request an	59260
adjudication hearing pursuant to Chapter 119. of the Revised Code,	59261
but the order of the director shall be in effect during	59262
proceedings instituted pursuant to that chapter until a final	59263
adjudication is made.	59264

(C) The director shall order that the condition or practice	59265
constituting a class I violation be abated or eliminated within	59266
twenty-four hours or any longer period that the director considers	59267
reasonable. The notice for a class II or a class III violation	59268
shall specify a time within which the violation is required to be	59269
corrected.	59270

(D) If the facility does not request a conference or if,	59271
after a conference, it fails to take action to correct a violation	59272
in the time prescribed by the director, the director shall issue	59273
an order upholding the penalty, plus interest at the rate	59274
specified in section 1343.03 of the Revised Code for each day	59275
beyond the date set for payment of the penalty. The director may	59276
waive the interest payment for the period prior to the conference	59277
if the director concludes that the conference was necessitated by	59278
a legitimate dispute.	59279

(E) The director may cancel or reduce the penalty for a class	59280
I violation if the facility corrects the violation within the time	59281
specified in the notice ~~unless~~, except that the director shall	59282
impose the penalty even though the facility has corrected the	59283
violation if a resident suffers physical harm because of the	59284
violation or ~~unless~~ the facility has been cited previously for	59285
the same violation~~, in which case the director shall impose the~~	59286
~~penalty even though the facility has corrected the violation~~. The	59287
director ~~shall~~may cancel the penalty for a class II or class III	59288
violation if the facility corrects the violation within the time	59289
specified in the notice ~~unless~~and the facility has not been	59290
cited previously for the same violation. Each day of a violation	59291
of any class, after the date the director sets for abatement or	59292
elimination, constitutes a separate and additional violation.	59293

(F) If an adult care facility fails to pay a penalty imposed	59294
under this section, the director may commence a civil action to	59295
collect the penalty. The license of an adult care facility that	59296
has failed to pay a penalty imposed under this section shall not	59297
be renewed until the penalty has been paid.	59298

(G) If a penalty is imposed under this section, a fine shall	59299
not be imposed under section 3722.99 of the Revised Code for the	59300
same violation.	59301

~~(H) Notwithstanding any other division of this section, the~~	59302
~~director shall not impose a penalty for a class I violation if all~~	59303
~~of the following apply:~~	59304

~~(1) A resident has not suffered physical harm because of the~~	59305
~~violation;~~	59306

~~(2) The violation has been corrected and is no longer~~	59307
~~occurring;~~	59308

~~(3) The violation is discovered by an inspector authorized to~~	59309
~~inspect an adult care facility pursuant to this chapter by an~~	59310
~~examination of the records of the facility.~~	59311

Sec. 3722.09. (A) If the director of health determines that	59312
the operation of an adult care facility jeopardizes the health or	59313
safety of any of the residents of the facility or if the director	59314
determines that an adult care facility is operating without a	59315
license, the director may petition the court of common pleas in	59316
the county in which the facility is located for appropriate	59317
injunctive relief against the facility. ~~The~~If injunctive relief	59318
is granted against a facility for operating without a license and	59319
the facility continues to operate without a license, the director	59320
shall refer the case to the attorney general for further action.	59321

(B) The court petitioned under division (A) of this section	59322
shall grant injunctive relief upon a showing that the operation of	59323
the facility jeopardizes the health or safety of any of the	59324
residents of the facility or that the facility is operating	59325
without a license. When the court grants injunctive relief in the	59326
case of a facility operating without a license, the court shall	59327
issue, at a minimum, an order enjoining the facility from	59328
admitting new residents to the facility and an order requiring the	59329
facility to assist resident rights advocates with the safe and	59330
orderly relocation of the facility's residents.	59331

Sec. 3722.10. (A) The public health council shall have the	59332
exclusive authority to adopt, and the council shall adopt, rules	59333
~~in accordance with Chapter 119. of the Revised Code~~ governing the	59334
licensing and operation of adult care facilities. The rules shall	59335
be adopted in accordance with Chapter 119. of the Revised Code and	59336
shall specify all of the following:	59337

(1) Procedures for the issuance, renewal, and revocation of	59338
licenses ~~and temporary licenses~~, for the granting and denial of	59339
waivers, and for the issuance and termination of orders of	59340
suspension of admission pursuant to section 3722.07 of the Revised	59341
Code;	59342

(2) The qualifications required for owners, managers, and	59343
employees of adult care facilities, including character, training,	59344
education, experience, and financial resources and the number of	59345
staff members required in a facility;	59346

(3) Adequate space, equipment, safety, and sanitation	59347
standards for the premises of adult care facilities, and fire	59348
protection standards for adult family homes as required by section	59349
3722.041 of the Revised Code;	59350

(4) The personal, social, dietary, and recreational services	59351
to be provided to each resident of adult care facilities;	59352

(5) Rights of residents of adult care facilities, in addition	59353
to the rights enumerated under section 3722.12 of the Revised	59354
Code, and procedures to protect and enforce the rights of these	59355
residents;	59356

(6) Provisions for keeping records of residents and for	59357
maintaining the confidentiality of the records as required by	59358
division (B) of section 3722.12 of the Revised Code. The	59359
provisions for maintaining the confidentiality of records shall,	59360
at the minimum, meet the requirements for maintaining the	59361
confidentiality of records under Title XIX of the "Social Security	59362
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	59363
promulgated thereunder.	59364

(7) Measures to be taken by adult care facilities relative to	59365
residents' medication, including policies and procedures	59366
concerning medication, storage of medication in a locked area, and	59367
disposal of medication and assistance with self-administration of	59368
medication, if the facility provides assistance;	59369

(8) Requirements for initial and periodic health assessments	59370
of prospective and current adult care facility residents by	59371
physicians or other health professionals to ensure that they do	59372
not require a level of care beyond that which is provided by the	59373
adult care facility, including assessment of their capacity to	59374
self-administer the medications prescribed for them;	59375

(9) Requirements relating to preparation of special diets;

59376

(10) The amount of the fees for new and renewal license	59377
applications made pursuant to sections 3722.02 and 3722.04 of the	59378
Revised Code;	59379

(11) Measures to be taken by any employee of the state or any	59380
political subdivision of the state authorized by this chapter to	59381
enter an adult care facility to inspect the facility or for any	59382
other purpose, to ensure that the employee respects the privacy	59383
and dignity of residents of the facility, cooperates with	59384
residents of the facility and behaves in a congenial manner toward	59385
them, and protects the rights of residents;	59386

(12) How an owner or manager of an adult care facility is to	59387
comply with section 3722.18 of the Revised Code. ~~The~~At a minimum,	59388
the rules shall ~~do at least both of the following:~~	59389

~~(a) Establish~~establish the procedures an owner or manager is	59390
to follow under division (A)~~(2)~~ of section 3722.18 of the Revised	59391
Code regarding referrals to the facility of prospective residents	59392
with mental illness or severe mental disability and effective	59393
arrangements for ongoing mental health services for such	59394
prospective residents. The procedures may provide for any of the	59395
following:	59396

~~(i)~~(a) That the owner or manager sign written agreements with	59397
the mental health agencies and boards of alcohol, drug addiction,	59398
and mental health services that refer such prospective residents	59399
to the facility. Each agreement shall cover all such prospective	59400
residents referred by the agency or board with which the owner or	59401
manager enters into the agreement.	59402

~~(ii)~~(b) That the owner or manager and the mental health	59403
agencies and boards of alcohol, drug addiction, and mental health	59404
services that refer such prospective residents to the facility	59405
develop and sign a plan for services for each such prospective	59406
resident;	59407

~~(iii)~~(c) Any other process regarding referrals and effective	59408
arrangements for ongoing mental health services.	59409

~~(b) Specify the date an owner or manager must begin to follow~~	59410
~~the procedures established by division (A)(12)(a) of this section.~~	59411

(13) Any other rules necessary for the administration and	59412
enforcement of this chapter.	59413

(B) After consulting with relevant constituencies, the	59414
director of mental health shall prepare and submit to the director	59415
of health recommendations for the content of rules to be adopted	59416
under division (A)(12) of this section. The public health council	59417
shall adopt the rules required by division (A)(12) of this section	59418
no later than July 1, 2000.	59419

(C) The director of health shall advise adult care facilities	59420
regarding compliance with the requirements of this chapter and	59421
with the rules adopted pursuant to this chapter.	59422

(D) Any duty or responsibility imposed upon the director of	59423
health by this chapter may be carried out by an employee of the	59424
department of health.	59425

(E) Employees of the department of health may enter, for the	59426
purposes of investigation, any institution, residence, facility,	59427
or other structure which has been reported to the department as,	59428
or that the department has reasonable cause to believe is,	59429
operating as an adult care facility without a valid license.	59430

Sec. 3722.13. (A) Each adult care facility shall establish a	59431
written residents' rights policy containing the text of sections	59432
3722.12 and 3722.14 of the Revised Code and rules adopted by the	59433
public health council pursuant to this chapter, a discussion of	59434
the rights and responsibilities of residents under that section,	59435
and the text of any additional rule for residents promulgated by	59436
the facility. At the time of admission the manager shall give a	59437
copy of the residents' rights policy to the resident and ~~his~~the	59438
resident's sponsor, if any, and explain the contents of the policy	59439
to them. The facility shall establish procedures for facilitating	59440
the residents' exercise of their rights.	59441

(B) Each adult care facility shall post prominently within	59442
the facility a copy of the residents' rights listed in division	59443
(B) of section 3722.12 of the Revised Code and any additional	59444
residents' rights established by rules adopted by the public	59445
health council pursuant to this chapter, ~~and~~ the addresses and	59446
telephone numbers of the state long-term care ~~facilities ombudsman~~	59447
ombudsperson and the regional ~~ombudsman~~ombudsperson for the area	59448
in which the facility is located, and ~~of the central and district~~	59449
~~offices of~~the telephone number maintained by the department of	59450
health for accepting complaints.	59451

Sec. 3722.14. (A)(1) Except as provided in division (A)(2)	59452
of this section, an adult care facility may transfer or discharge	59453
a resident, in the absence of a request from the resident, only	59454
for the following reasons:	59455

(a) Charges for the resident's accommodations and services	59456
have not been paid within thirty days after the date on which they	59457
became due;	59458

(b) The mental, emotional, or physical condition of the	59459
resident requires a level of care that the facility is unable to	59460
provide;	59461

(c) The health, safety, or welfare of the resident or of	59462
another resident requires a transfer or discharge;	59463

(d) The facility's license has been revoked or renewal has	59464
been denied pursuant to this chapter;	59465

(e) The owner closes the facility;

59466

(f) The resident is relocated as the result of a court's	59467
order issued under section 3722.09 of the Revised Code as part of	59468
the injunctive relief granted against a facility that is operating	59469
without a license.	59470

(2) An adult family home may transfer or discharge a resident	59471
if transfer or discharge is required for the health, safety, or	59472
welfare of an individual who resides in the home but is not a	59473
resident for whom supervision or personal services are provided.	59474

(B)(1) The facility shall give a resident thirty days advance	59475
notice, in writing, of a proposed transfer or discharge, except	59476
that if the transfer or discharge is for a reason given in	59477
divisions (A)(1)(b) to (f) or (A)(2) ~~to (5)~~ of this section and an	59478
emergency exists, the notice need not be given thirty days in	59479
advance. ~~The resident may request and the director of health shall~~	59480
~~conduct a hearing if the transfer or discharge is based upon~~	59481
~~division (A)(1), (2), or (3) of this section. The public health~~	59482
~~council shall adopt rules governing the procedure for conducting~~	59483
~~such a hearing.~~ The facility shall state in the written notice the	59484
reasons for the proposed transfer or discharge. If the resident is	59485
entitled to a hearing as specified in division (B)(2) of this	59486
section, the written notice shall outline the procedure for the	59487
resident to follow in requesting a hearing.	59488

(2) A resident may request a hearing if a proposed transfer	59489
or discharge is based on reason given in division (A)(1)(a) to (c)	59490
or (A)(2) of this section. If the resident seeks a hearing, hethe	59491
resident shall submit a request to the director not later than ten	59492
days after receiving the written notice. The director shall hold	59493
the hearing not later than ten days after receiving the request. A	59494
representative of the director shall preside over the hearing and	59495
shall issue a written recommendation of action to be taken by the	59496
director not later than three days after the hearing. The director	59497
shall issue an order regarding the transfer or discharge not later	59498
than two days after receipt of the recommendation. The order may	59499
prohibit or place conditions on the discharge or transfer. In the	59500
case of a transfer, the order may require that the transfer be to	59501
an institution or facility specified by the director. The hearing	59502
is not subject to section 121.22 of the Revised Code. The public	59503
health council shall adopt rules governing any additional	59504
procedures necessary for conducting the hearing.	59505

(C)(1) The owner of an adult care facility who is closing the	59506
facility shall inform the director of health in writing at least	59507
thirty days prior to the proposed date of closing. At the same	59508
time, the owner or manager shall inform each resident, ~~his~~the	59509
resident's guardian, ~~his~~the resident's sponsor, or any	59510
organization or agency acting on behalf of the resident, of the	59511
closing of the facility and the date of the closing.	59512

(2) Immediately upon receiving notice that a facility is to	59513
be closed, the director shall monitor the transfer of residents to	59514
other facilities and ensure that residents' rights are protected.	59515
The director shall notify the ~~ombudsman~~ombudsperson in the region	59516
in which the facility is located of the closing.	59517

(3) All charges shall be prorated as of the date on which the	59518
facility closes. If payments have been made in advance, the	59519
payments for services not rendered shall be refunded to the	59520
resident or the resident's guardian not later than seven days	59521
after the closing of the facility.	59522

(4) Immediately upon the closing of a facility, the owner	59523
shall surrender the license to the director, and the license shall	59524
be canceled.	59525

Sec. 3722.15. (A) The following may enter an adult care	59526
facility at any time:	59527

(1) Employees designated by the director of health;

59528

(2) Employees designated by the director of aging;

59529

(3) Employees designated by the attorney general;

59530

(4) Employees designated by a county department of job and	59531
family services to implement sections 5101.60 to 5101.71 of the	59532
Revised Code;	59533

(5) Persons employed pursuant to division (M) of section	59534
173.01 of the Revised Code in the long-term care ~~facilities~~	59535
ombudsperson program;	59536

(6) Employees of the department of mental health designated	59537
by the director of mental health;	59538

(7) Employees of a mental health agency~~, if~~under either of	59539
the following circumstances:	59540

(a) When the agency has a client residing in the facility;

59541

(b) When the agency is acting as an agent of a board of	59542
alcohol, drug addiction, or mental health services other than the	59543
board with which it is under contract.	59544

(8) Employees of a board of alcohol, drug addiction, and	59545
mental health services~~, when~~under any of the following	59546
circumstances:	59547

(a) When authorized by section 340.05 of the Revised Code or	59548
~~if an individual~~;	59549

(b) When a resident of the facility is receiving mental	59550
health services provided by ~~the~~that board or another board of	59551
alcohol, drug addiction, and mental health services pursuant to	59552
division (A)(8)(b) of section 340.03 of the Revised Code or;	59553

(c) When a resident of the facility is receiving services	59554
from a mental health agency under contract with ~~the~~that board	59555
~~resides in the facility~~or another board of alcohol, drug	59556
addiction, and mental health services.	59557

~~These~~The employees specified in divisions (A)(1) to (8) of	59558
this section shall be afforded access to all records of the	59559
facility, including records pertaining to residents, and may copy	59560
the records. Neither these employees nor the director of health	59561
shall release, without consent, any information obtained from the	59562
records of an adult care facility that reasonably would tend to	59563
identify a specific resident of the facility, except as ordered by	59564
a court of competent jurisdiction.	59565

(B) The following persons may enter any adult care facility	59566
during reasonable hours:	59567

(1) A resident's sponsor;

59568

(2) Residents' rights advocates;

59569

(3) A resident's attorney;

59570

(4) A minister, priest, rabbi, or other person ministering to	59571
a resident's religious needs;	59572

(5) A physician or other person providing health care	59573
services to a resident;	59574

(6) Employees authorized by county departments of job and	59575
family services and local boards of health or health departments	59576
to enter adult care facilities;	59577

(7) A prospective resident and prospective resident's	59578
sponsor.	59579

(C) The manager of an adult care facility may require a	59580
person seeking to enter the facility to present identification	59581
sufficient to identify the person as an authorized person under	59582
this section.	59583

Sec. 3722.16. (A) No person shall:

59584

(1) Operate an adult care facility unless the facility is	59585
validly licensed by the director of health under section 3722.04	59586
of the Revised Code;	59587

(2) Admit to an adult care facility more residents than the	59588
number authorized in the facility's license;	59589

(3) Admit a resident to an adult care facility after the	59590
director has issued an order pursuant to section 3722.07 of the	59591
Revised Code suspending admissions to the facility. Violation of	59592
division (A)(3) of this section is cause for revocation of the	59593
facility's license.	59594

(4) Interfere with any authorized inspection of an adult care	59595
facility conducted pursuant to section 3722.02 or 3722.04 of the	59596
Revised Code;	59597

(5) Admit to an adult care facility a resident requiring	59598
publicly funded mental health services without first notifying the	59599
board of alcohol, drug addiction, and mental health services	59600
serving the alcohol, drug addiction, and mental health service	59601
district in which the facility is located;	59602

(6) Violate any of the provisions of this chapter or any of	59603
the rules adopted pursuant to it.	59604

(B) No adult care facility shall provide, or admit or retain	59605
any resident in need of, skilled nursing care unless all of the	59606
following conditions are ~~the case~~met:	59607

(1) The care will be provided on a part-time, intermittent	59608
basis for not more than a total of one hundred twenty days in any	59609
twelve-month period.	59610

(2) The care will be provided by one or more of the	59611
following:	59612

(a) A home health agency certified under Title XVIII of the	59613
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	59614
amended:;	59615

(b) A hospice care program licensed under Chapter 3712. of	59616
the Revised Code;	59617

(c) A nursing home licensed under Chapter 3721. of the	59618
Revised Code and owned and operated by the same person and located	59619
on the same site as the adult care facility;	59620

(d) A mental health agency or, pursuant to division (A)(8)(b)	59621
of section 340.03 of the Revised Code, a board of alcohol, drug	59622
addiction, and mental health services.	59623

~~(2)~~(3) Each individual employed by, under contract with, or	59624
otherwise used by any of the entities specified in division (B)(2)	59625
of this section to perform the skilled nursing care is authorized	59626
under the laws of this state to perform the care by being	59627
appropriately licensed, as specified in rules adopted under	59628
division (G) of this section.	59629

(4) The staff of the ~~home health agency, hospice care~~	59630
~~program, nursing home, mental health agency, or board of alcohol,~~	59631
~~drug addiction, and mental health services~~one or more entities	59632
providing the skilled nursing care does not train the adult care	59633
facility staff to provide the skilled nursing care;	59634

~~(3)~~(5) The individual to whom the skilled nursing care is	59635
provided is suffering from a short-term illness;	59636

~~(4)~~(6) If the skilled nursing care is to be provided by the	59637
nursing staff of a nursing home, all of the following are the	59638
case:	59639

(a) The adult care facility evaluates the individual	59640
receiving the skilled nursing care at least once every seven days	59641
to determine whether the individual should be transferred to a	59642
nursing home;	59643

(b) The adult care facility meets at all times staffing	59644
requirements established by rules adopted under section 3722.10 of	59645
the Revised Code;	59646

(c) The nursing home does not include the cost of providing	59647
skilled nursing care to the adult care facility residents in a	59648
cost report filed under section 5111.26 of the Revised Code;	59649

(d) The nursing home meets at all times the nursing home	59650
licensure staffing ratios established by rules adopted under	59651
section 3721.04 of the Revised Code;	59652

(e) The nursing home staff providing skilled nursing care to	59653
adult care facility residents are registered nurses or licensed	59654
practical nurses licensed under Chapter 4723. of the Revised Code	59655
and meet the personnel qualifications for nursing home staff	59656
established by rules adopted under section 3721.04 of the Revised	59657
Code;	59658

(f) The skilled nursing care is provided in accordance with	59659
rules established for nursing homes under section 3721.04 of the	59660
Revised Code;	59661

(g) The nursing home meets the skilled nursing care needs of	59662
the adult care facility residents;	59663

(h) Using the nursing home's nursing staff does not prevent	59664
the nursing home or adult care facility from meeting the needs of	59665
the nursing home and adult care facility residents in a quality	59666
and timely manner.	59667

(7) No adult care facility staff shall provide skilled	59668
nursing care.	59669

Notwithstanding section 3721.01 of the Revised Code, an adult	59670
care facility in which residents receive skilled nursing care as	59671
described in division (B) of this section is not a nursing home.	59672
~~No adult care facility shall provide skilled nursing care.~~	59673

(C) A home health agency or hospice care program that	59674
provides skilled nursing care pursuant to division (B) of this	59675
section may not be associated with the adult care facility unless	59676
the facility is part of a home for the aged as defined in section	59677
5701.13 of the Revised Code or the adult care facility is owned	59678
and operated by the same person and located on the same site as a	59679
nursing home licensed under Chapter 3721. of the Revised Code that	59680
is associated with the home health agency or hospice care program.	59681
In addition, the following requirements shall be met:	59682

(1) The adult care facility shall evaluate the individual	59683
receiving the skilled nursing care not less than once every seven	59684
days to determine whether the individual should be transferred to	59685
a nursing home;	59686

(2) If the costs of providing the skilled nursing care are	59687
included in a cost report filed pursuant to section 5111.26 of the	59688
Revised Code by the nursing home that is part of the same home for	59689
the aged, the home health agency or hospice care program shall not	59690
seek reimbursement for the care under the medical assistance	59691
program established under Chapter 5111. of the Revised Code.	59692

(D)~~(1)~~ No person knowingly shall place or recommend placement	59693
of any person in an adult care facility that is operating without	59694
a license.	59695

~~(2)~~(E) No employee of a unit of local or state government,	59696
board of alcohol, drug addiction, and mental health services,	59697
mental health agency, or PASSPORT administrative agency shall	59698
place or recommend placement of any person in an adult care	59699
facility if the employee knows ~~that~~either of the following:	59700

(1) That the facility cannot meet the needs of the potential	59701
resident;	59702

(2) That placement of the resident would cause the facility	59703
to exceed its licensed capacity.	59704

~~(3)~~(F) No person who has reason to believe that an adult care	59705
facility is operating without a license shall fail to report this	59706
information to the director of health.	59707

~~(E)~~(G) In accordance with Chapter 119. of the Revised Code,	59708
the public health council shall adopt rules ~~that define~~for	59709
purposes of division (B) of this section that do all of the	59710
following:	59711

(1) Define a short-term illness for purposes of division	59712
(B)~~(3)~~(5) of this section ~~and specify~~;	59713

(2) Specify, consistent with rules pertaining to home health	59714
care adopted by the director of job and family services under the	59715
medical assistance program established under Chapter 5111. of the	59716
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	59717
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	59718
part-time, intermittent basis for purposes of division (B)(1) of	59719
this section;	59720

(3) Specify what constitutes being appropriately licensed for	59721
purposes of division (B)(3) of this section.	59722

Sec. 3722.17. (A) Any person who believes that an adult care	59723
facility is in violation of this chapter or of any of the rules	59724
promulgated pursuant to it may report the information to the	59725
director of health. The director shall investigate each report	59726
made under this section or section 3722.16 of the Revised Code and	59727
shall inform the facility of the results of the investigation.	59728
When investigating a report made pursuant to section 340.05 of the	59729
Revised Code, the director shall consult with the board of	59730
alcohol, drug addiction, and mental health services that made the	59731
report. The director shall keep a record of the investigation and	59732
the action taken as a result of the investigation.	59733

The director shall not reveal, without consent, the identity	59734
of a person who makes a report under this section or division	59735
~~(D)(3)~~(G) of section 3722.16 of the Revised Code, the identity of	59736
a specific resident or residents referred to in such a report, or	59737
any other information that could reasonably be expected to reveal	59738
the identity of the person making the report or the resident or	59739
residents referred to in the report, except that the director may	59740
provide this information to a government agency responsible for	59741
enforcing laws applying to adult care facilities.	59742

(B) Any person who believes that a resident's rights under	59743
sections 3722.12 to 3722.15 of the Revised Code have been violated	59744
may report the information to the state or regional long-term care	59745
~~facilities~~ ombudsperson or to the director of health. If the	59746
person believes that the resident has mental illness or severe	59747
mental disability and is suffering abuse or neglect, the person	59748
may report the information to the board of alcohol, drug	59749
addiction, and mental health services serving the alcohol, drug	59750
addiction, and mental health service district in which the adult	59751
care facility is located or a mental health agency under contract	59752
with the board in addition to or instead of the ombudsperson or	59753
director.	59754

(C) Any person who makes a report pursuant to division (A) or	59755
(B) of this section or division ~~(D)(3)~~(G) of section 3722.16 of	59756
the Revised Code or any person who participates in an	59757
administrative or judicial proceeding resulting from such a report	59758
is immune from any civil liability or criminal liability, other	59759
than perjury, that might otherwise be incurred or imposed as a	59760
result of these actions, unless the person has acted in bad faith	59761
or with malicious purpose.	59762

Sec. 3722.18. Before an adult care facility admits a	59763
prospective resident who the owner or manager of the facility	59764
knows has been assessed as having a mental illness or severe	59765
mental disability, the owner or manager ~~shall do~~is subject to	59766
both of the following ~~in accordance with rules adopted under~~	59767
~~division (A)(12) of section 3722.10 of the Revised Code~~:	59768

(A) If the prospective resident is referred to the facility	59769
by a mental health agency or board of alcohol, drug addiction, and	59770
mental health services, ~~do the following:~~	59771

~~(1) Except in an emergency and only until the date an owner~~	59772
~~or manager of an adult care facility must begin to follow~~	59773
~~procedures under division (A)(2) of this section, enter into an~~	59774
~~affiliation agreement with the agency or board. An affiliation~~	59775
~~agreement with the agency is subject to the board's approval. An~~	59776
~~affiliation agreement must be consistent with the residential~~	59777
~~portion of the board's community mental health plan submitted to~~	59778
~~the department of mental health under section 340.03 of the~~	59779
~~Revised Code.~~	59780

~~(2) Beginning on the date specified in rules adopted under~~	59781
~~division (A)(12) of section 3722.10 of the Revised Code,~~the owner	59782
or manager shall follow procedures established in ~~those~~ rules	59783
adopted under division (A)(12) of section 3722.10 of the Revised	59784
Code regarding referrals and effective arrangements for ongoing	59785
mental health services.	59786

(B) If the prospective resident is not referred to the	59787
facility by a mental health agency or board of alcohol, drug	59788
addiction, and mental health services, ~~document that~~ the owner or	59789
manager ~~has offered~~shall offer to assist the prospective resident	59790
in obtaining appropriate mental health services and document the	59791
offer of assistance in accordance with rules adopted under	59792
division (A)(12) of section 3722.10 of the Revised Code.	59793

Sec. 3722.99. Whoever violates division (A) ~~or (B)~~(1) of	59794
section 3722.16 of the Revised Code shall be fined ~~five hundred~~	59795
two thousand dollars for a first offense; for each subsequent	59796
offense, such person shall be fined ~~one~~five thousand dollars.	59797

Whoever violates division (C) of section 3722.12 or division	59798
(A)(2), (3), (4), (5) or (6), (B), (C), (D), (E), or (F) of	59799
section 3722.16 of the Revised Code shall be fined ~~one~~five	59800
hundred dollars for a first offense; for each subsequent offense,	59801
such person shall be fined ~~five hundred~~one thousand dollars.	59802

Sec. 3727.02. (A) No person and no political subdivision,	59803
agency, or instrumentality of this state shall operate a hospital	59804
unless it is certified under Title XVIII of the "Social Security	59805
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is	59806
accredited by ~~the joint commission or the American osteopathic~~	59807
~~association~~a national accrediting organization approved by the	59808
centers for medicare and medicaid services and the director of	59809
health.	59810

(B) No person and no political subdivision, agency, or	59811
instrumentality of this state shall hold out as a hospital any	59812
health facility that is not certified or accredited as required in	59813
division (A) of this section.	59814

~~Sec. 3727.05.~~ Sec. 3727.04. The director of health may petition	59815
the court of common pleas of the county in which a hospital is	59816
located for an order enjoining any person or any political	59817
subdivision, agency, or instrumentality of this state from	59818
violating section 3727.02 of the Revised Code. Irrespective of any	59819
other remedy the director may have in law or equity, the court may	59820
grant the order upon a showing that the respondent named in the	59821
petition is violating section 3727.02 of the Revised Code.	59822

~~Sec. 3701.71.~~ Sec. 3727.05. ~~To comply with the Social Security Act~~	59823
~~Amendments of 1950, known as Public Law 734-81st Congress, the~~	59824
~~Ohio~~The department of health ~~is hereby designated as the state~~	59825
~~authority responsible for establishing and maintaining~~shall	59826
establish, maintain, and enforce minimum standards for ~~voluntary~~	59827
~~and governmental hospitals~~every hospital and ~~in units~~for every	59828
unit providing medical and nursing care in city and county	59829
institutions.	59830

~~Sec. 3701.72.~~ Sec. 3727.051. ~~Subject to the provisions of sections~~	59831
~~119.01 to 119.13 inclusive, of the Revised Code, the~~The Ohio	59832
department of health ~~shall have the power to~~may adopt reasonable	59833
rules ~~and regulations~~ to ~~establish and maintain such minimum~~	59834
~~standards~~implement section 3727.05 of the Revised Code. The rules	59835
shall be adopted under Chapter 119. of the Revised Code.	59836

Sec. 3727.052. All prosecutions and proceedings by the	59837
department of health for a violation of the minimum standards	59838
established under section 3727.05 of the Revised Code, a violation	59839
of any of the rules adopted under section 3727.051 of the Revised	59840
Code, or a violation of any order issued by the department to	59841
enforce those standards or rules shall be instituted by the	59842
director of health. All fines or judgments the department	59843
collects shall be paid into the state treasury to the credit of	59844
the general revenue fund.	59845

The director may petition the court of common pleas for	59846
injunctive or other appropriate relief requiring any person	59847
committing the alleged violation to comply with the applicable	59848
standard, rule, or order. The court of common pleas of the county	59849
in which the offense is alleged to be occurring may grant such	59850
injunctive or other appropriate relief as the equities of the case	59851
require.	59852

~~Sec. 3727.04.~~ Sec. 3727.053. In addition to any other inspections	59853
authorized by law, the director of health may inspect any hospital	59854
if there are substantial allegations or evidence of a significant	59855
deficiency or deficiencies that would, if found to be present,	59856
adversely affect the health or safety of its patients and may make	59857
such other inspections as are necessary to enforce this chapter.	59858

Sec. 3729.07. The licensor of a recreational vehicle park,	59859
recreation camp, or combined park-camp may charge a fee for an	59860
annual license to operate such a park, camp, or park-camp. In the	59861
case of a temporary park-camp, the licensor may charge a fee for a	59862
license to operate the temporary park-camp for the period	59863
specified in division (A) of section 3729.05 of the Revised Code.	59864
The fees for both types of licenses shall be determined in	59865
accordance with section 3709.09 of the Revised Code and shall	59866
include the cost of licensing and all inspections.	59867

Except for the fee for a temporary park-camp license, the fee	59868
also shall include any additional amount determined by rule of the	59869
public health council, which shall be collected and transmitted by	59870
the board of health to the ~~treasurer of state to be credited to~~	59871
~~the general operations fund created in section 3701.83 of the~~	59872
~~Revised Code~~director of health pursuant to section 3709.092 of	59873
the Revised Code and used only for the purpose of administering	59874
and enforcing this chapter and rules adopted under it. The portion	59875
of any fee retained by the board of health shall be paid into a	59876
special fund and used only for the purpose of administering and	59877
enforcing this chapter and rules adopted under it.	59878

Sec. 3733.02. (A)(1) The public health council, subject to	59879
Chapter 119. of the Revised Code, shall adopt, and has the	59880
exclusive power to adopt, rules of uniform application throughout	59881
the state governing the review of plans, issuance of flood plain	59882
management permits, and issuance of licenses for manufactured home	59883
parks; the location, layout, density, construction, drainage,	59884
sanitation, safety, and operation of those parks; and notices of	59885
flood events concerning, and flood protection at, those parks.	59886
The rules pertaining to flood plain management shall be consistent	59887
with and not less stringent than the flood plain management	59888
criteria of the national flood insurance program adopted under the	59889
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	59890
4001, as amended. The rules shall not apply to the construction,	59891
erection, or manufacture of any building to which section 3781.06	59892
of the Revised Code is applicable.	59893

(2) The rules pertaining to manufactured home parks	59894
constructed after June 30, 1971, shall specify that each home must	59895
be placed on its lot to provide not less than fifteen feet between	59896
the side of one home and the side of another home, ten feet	59897
between the end of one home and the side of another home, and five	59898
feet between the ends of two homes placed end to end.	59899

(3) The ~~department of health~~manufactured homes commission	59900
shall determine compliance with the installation, blocking,	59901
tiedown, foundation, and base support system standards for	59902
manufactured housing located in manufactured home parks adopted by	59903
the ~~manufactured homes~~ commission pursuant to section 4781.04 of	59904
the Revised Code. All inspections of the installation, blocking,	59905
tiedown, foundation, and base support systems of manufactured	59906
housing in a manufactured home park that the department of health	59907
or a licensor conducts shall be conducted by a person who has	59908
completed an installation training course approved by the	59909
manufactured homes commission pursuant to division (B)(12) of	59910
section 4781.04 of the Revised Code.	59911

As used in division (A)(3) of this section, "manufactured	59912
housing" has the same meaning as in section 4781.01 of the Revised	59913
Code.	59914

(B) The public health council, in accordance with Chapter	59915
119. of the Revised Code, shall adopt rules of uniform application	59916
throughout the state establishing requirements and procedures in	59917
accordance with which the director of health may authorize	59918
licensors for the purposes of sections 3733.022 and 3733.025 of	59919
the Revised Code. The rules shall include at least provisions	59920
under which a licensor may enter into contracts for the purpose of	59921
fulfilling the licensor's responsibilities under either or both of	59922
those sections.	59923

Sec. 3733.04. The licensor of a manufactured home park may	59924
charge a fee for an annual license to operate such a park. The fee	59925
for a license shall be determined in accordance with section	59926
3709.09 of the Revised Code and shall include the cost of	59927
licensing and all inspections.	59928

The fee also shall include any additional amount determined	59929
by rule of the public health council, which shall be collected and	59930
transmitted by the board of health to the ~~treasurer of state to be~~	59931
~~credited to the general operations fund created in section 3701.83~~	59932
~~of the Revised Code~~director of health pursuant to section	59933
3709.092 of the Revised Code and used only for the purpose of	59934
administering and enforcing sections 3733.01 to 3733.08 of the	59935
Revised Code and the rules adopted under those sections. The	59936
portion of any fee retained by the board of health shall be paid	59937
into a special fund and used only for the purpose of administering	59938
and enforcing sections 3733.01 to 3733.08 of the Revised Code and	59939
the rules adopted thereunder.	59940

Sec. 3733.25. Any fee for the license required by section	59941
3733.24 of the Revised Code shall be determined in accordance with	59942
section 3709.09 of the Revised Code. The license fee shall include	59943
any additional amount determined by rule of the public health	59944
council, which shall be collected and transmitted by the board of	59945
health ~~district~~ to the director of health ~~for deposit in the state~~	59946
~~treasury to the credit of the general operations fund created in~~	59947
~~section 3701.83 of the Revised Code~~pursuant to section 3709.092	59948
of the Revised Code and shall be used by the director to	59949
administer and enforce sections 3733.21 to 3733.30 of the Revised	59950
Code and rules adopted thereunder. The portion of any fee retained	59951
by the health district shall be paid into a special fund which is	59952
hereby created in each health district and shall be used only by	59953
the board for the purpose of administering and enforcing sections	59954
3733.21 to 3733.30 of the Revised Code and the rules adopted	59955
thereunder. The health district may charge additional reasonable	59956
fees for the collection and bacteriological examination of any	59957
necessary water samples taken from a marina.	59958

Sec. 3733.43. (A) Except as otherwise provided in this	59959
division, prior to the fifteenth day of April in each year, every	59960
person who intends to operate an agricultural labor camp shall	59961
make application to the licensor for a license to operate such	59962
camp, effective for the calendar year in which it is issued. The	59963
licensor may accept an application on or after the fifteenth day	59964
of April. The license fees specified in this division shall be	59965
submitted to the licensor with the application for a license. No	59966
agricultural labor camp shall be operated in this state without a	59967
license. Any person operating an agricultural labor camp without a	59968
current and valid agricultural labor camp license is not excepted	59969
from compliance with sections 3733.41 to 3733.49 of the Revised	59970
Code by holding a valid and current hotel license. Each person	59971
proposing to open an agricultural labor camp shall submit with the	59972
application for a license any plans required by any rule adopted	59973
under section 3733.42 of the Revised Code. ~~The~~For any license	59974
issued on or after July 1, 2009, the annual license fee is	59975
~~seventy-five~~one hundred fifty dollars, unless the application for	59976
a license is made on or after the fifteenth day of April in any	59977
given year, in which case the annual license fee is one hundred	59978
sixty-six dollars. AnFor any license issued on or after July 1,	59979
2009, an additional fee of ~~ten~~twenty dollars per housing unit per	59980
year shall be assessed to defray the costs of enforcing sections	59981
3733.41 to 3733.49 of the Revised Code, unless the application for	59982
a license is made on or after the fifteenth day of April in any	59983
given year, in which case an additional fee of ~~fifteen~~forty-two	59984
dollars and fifty cents per housing unit shall be assessed. All	59985
fees collected under this division shall be deposited in the state	59986
treasury to the credit of the general operations fund created in	59987
section 3701.83 of the Revised Code and shall be used for the	59988
administration and enforcement of sections 3733.41 to 3733.49 of	59989
the Revised Code and rules adopted thereunder.	59990

(B) Any license under this section may be denied, suspended,	59991
or revoked by the licensor for violation of sections 3733.41 to	59992
3733.49 of the Revised Code or the rules adopted thereunder.	59993
Unless there is an immediate serious public health hazard, no	59994
denial, suspension, or revocation of a license shall be made	59995
effective until the person operating the agricultural labor camp	59996
has been given notice in writing of the specific violations and a	59997
reasonable time to make corrections. When the licensor determines	59998
that an immediate serious public health hazard exists, the	59999
licensor shall issue an order denying or suspending the license	60000
without a prior hearing.	60001

(C) All proceedings under this section are subject to Chapter	60002
119. of the Revised Code except as provided in section 3733.431 of	60003
the Revised Code.	60004

(D) Every occupant of an agricultural labor camp shall keep	60005
that part of the dwelling unit, and premises thereof, that the	60006
occupant occupies and controls in a clean and sanitary condition.	60007

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	60008
(8), and (9) of this section, no person shall operate or maintain	60009
a solid waste facility without a license issued under this	60010
division by the board of health of the health district in which	60011
the facility is located or by the director of environmental	60012
protection when the health district in which the facility is	60013
located is not on the approved list under section 3734.08 of the	60014
Revised Code.	60015

During the month of December, but before the first day of	60016
January of the next year, every person proposing to continue to	60017
operate an existing solid waste facility shall procure a license	60018
under this division to operate the facility for that year from the	60019
board of health of the health district in which the facility is	60020
located or, if the health district is not on the approved list	60021
under section 3734.08 of the Revised Code, from the director. The	60022
application for such a license shall be submitted to the board of	60023
health or to the director, as appropriate, on or before the last	60024
day of September of the year preceding that for which the license	60025
is sought. In addition to the application fee prescribed in	60026
division (A)(2) of this section, a person who submits an	60027
application after that date shall pay an additional ten per cent	60028
of the amount of the application fee for each week that the	60029
application is late. Late payment fees accompanying an application	60030
submitted to the board of health shall be credited to the special	60031
fund of the health district created in division (B) of section	60032
3734.06 of the Revised Code, and late payment fees accompanying an	60033
application submitted to the director shall be credited to the	60034
general revenue fund. A person who has received a license, upon	60035
sale or disposition of a solid waste facility, and upon consent of	60036
the board of health and the director, may have the license	60037
transferred to another person. The board of health or the director	60038
may include such terms and conditions in a license or revision to	60039
a license as are appropriate to ensure compliance with this	60040
chapter and rules adopted under it. The terms and conditions may	60041
establish the authorized maximum daily waste receipts for the	60042
facility. Limitations on maximum daily waste receipts shall be	60043
specified in cubic yards of volume for the purpose of regulating	60044
the design, construction, and operation of solid waste facilities.	60045
Terms and conditions included in a license or revision to a	60046
license by a board of health shall be consistent with, and pertain	60047
only to the subjects addressed in, the rules adopted under	60048
division (A) of section 3734.02 and division (D) of section	60049
3734.12 of the Revised Code.	60050

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	60051
(9) of this section, each person proposing to open a new solid	60052
waste facility or to modify an existing solid waste facility shall	60053
submit an application for a permit with accompanying detail plans	60054
and specifications to the environmental protection agency for	60055
required approval under the rules adopted by the director pursuant	60056
to division (A) of section 3734.02 of the Revised Code and	60057
applicable rules adopted under division (D) of section 3734.12 of	60058
the Revised Code at least two hundred seventy days before proposed	60059
operation of the facility and shall concurrently make application	60060
for the issuance of a license under division (A)(1) of this	60061
section with the board of health of the health district in which	60062
the proposed facility is to be located.	60063

(b) On and after the effective date of the rules adopted	60064
under division (A) of section 3734.02 of the Revised Code and	60065
division (D) of section 3734.12 of the Revised Code governing	60066
solid waste transfer facilities, each person proposing to open a	60067
new solid waste transfer facility or to modify an existing solid	60068
waste transfer facility shall submit an application for a permit	60069
with accompanying engineering detail plans, specifications, and	60070
information regarding the facility and its method of operation to	60071
the environmental protection agency for required approval under	60072
those rules at least two hundred seventy days before commencing	60073
proposed operation of the facility and concurrently shall make	60074
application for the issuance of a license under division (A)(1) of	60075
this section with the board of health of the health district in	60076
which the facility is located or proposed.	60077

(c) Each application for a permit under division (A)(2)(a) or	60078
(b) of this section shall be accompanied by a nonrefundable	60079
application fee of four hundred dollars that shall be credited to	60080
the general revenue fund. Each application for an annual license	60081
under division (A)(1) or (2) of this section shall be accompanied	60082
by a nonrefundable application fee of one hundred dollars. If the	60083
application for an annual license is submitted to a board of	60084
health on the approved list under section 3734.08 of the Revised	60085
Code, the application fee shall be credited to the special fund of	60086
the health district created in division (B) of section 3734.06 of	60087
the Revised Code. If the application for an annual license is	60088
submitted to the director, the application fee shall be credited	60089
to the general revenue fund. If a permit or license is issued, the	60090
amount of the application fee paid shall be deducted from the	60091
amount of the permit fee due under division (Q) of section 3745.11	60092
of the Revised Code or the amount of the license fee due under	60093
division (A)(1), (2), (3), or (4) of section 3734.06 of the	60094
Revised Code.	60095

(d) As used in divisions (A)(2)(d), (e), and (f) of this	60096
section, "modify" means any of the following:	60097

(i) Any increase of more than ten per cent in the total	60098
capacity of a solid waste facility;	60099

(ii) Any expansion of the limits of solid waste placement at	60100
a solid waste facility;	60101

(iii) Any increase in the depth of excavation at a solid	60102
waste facility;	60103

(iv) Any change in the technique of waste receipt or type of	60104
waste received at a solid waste facility that may endanger human	60105
health, as determined by the director by rules adopted in	60106
accordance with Chapter 119. of the Revised Code.	60107

Not later than thirty-five days after submitting an	60108
application under division (A)(2)(a) or (b) of this section for a	60109
permit to open a new or modify an existing solid waste facility,	60110
the applicant, in conjunction with an officer or employee of the	60111
environmental protection agency, shall hold a public meeting on	60112
the application within the county in which the new or modified	60113
solid waste facility is or is proposed to be located or within a	60114
contiguous county. Not less than thirty days before holding the	60115
public meeting on the application, the applicant shall publish	60116
notice of the meeting in each newspaper of general circulation	60117
that is published in the county in which the facility is or is	60118
proposed to be located. If no newspaper of general circulation is	60119
published in the county, the applicant shall publish the notice in	60120
a newspaper of general circulation in the county. The notice shall	60121
contain the date, time, and location of the public meeting and a	60122
general description of the proposed new or modified facility. Not	60123
later than five days after publishing the notice, the applicant	60124
shall send by certified mail a copy of the notice and the date the	60125
notice was published to the director and the legislative authority	60126
of each municipal corporation, township, and county, and to the	60127
chief executive officer of each municipal corporation, in which	60128
the facility is or is proposed to be located. At the public	60129
meeting, the applicant shall provide information and describe the	60130
application and respond to comments or questions concerning the	60131
application, and the officer or employee of the agency shall	60132
describe the permit application process. At the public meeting,	60133
any person may submit written or oral comments on or objections to	60134
the application. Not more than thirty days after the public	60135
meeting, the applicant shall provide the director with a copy of a	60136
transcript of the full meeting, copies of any exhibits, displays,	60137
or other materials presented by the applicant at the meeting, and	60138
the original copy of any written comments submitted at the	60139
meeting.	60140

(e) Except as provided in division (A)(2)(f) of this section,	60141
prior to taking an action, other than a proposed or final denial,	60142
upon an application submitted under division (A)(2)(a) of this	60143
section for a permit to open a new or modify an existing solid	60144
waste facility, the director shall hold a public information	60145
session and a public hearing on the application within the county	60146
in which the new or modified solid waste facility is or is	60147
proposed to be located or within a contiguous county. If the	60148
application is for a permit to open a new solid waste facility,	60149
the director shall hold the hearing not less than fourteen days	60150
after the information session. If the application is for a permit	60151
to modify an existing solid waste facility, the director may hold	60152
both the information session and the hearing on the same day	60153
unless any individual affected by the application requests in	60154
writing that the information session and the hearing not be held	60155
on the same day, in which case the director shall hold the hearing	60156
not less than fourteen days after the information session. The	60157
director shall publish notice of the public information session or	60158
public hearing not less than thirty days before holding the	60159
information session or hearing, as applicable. The notice shall be	60160
published in each newspaper of general circulation that is	60161
published in the county in which the facility is or is proposed to	60162
be located. If no newspaper of general circulation is published in	60163
the county, the director shall publish the notice in a newspaper	60164
of general circulation in the county. The notice shall contain the	60165
date, time, and location of the information session or hearing, as	60166
applicable, and a general description of the proposed new or	60167
modified facility. At the public information session, an officer	60168
or employee of the environmental protection agency shall describe	60169
the status of the permit application and be available to respond	60170
to comments or questions concerning the application. At the public	60171
hearing, any person may submit written or oral comments on or	60172
objections to the approval of the application. The applicant, or a	60173
representative of the applicant who has knowledge of the location,	60174
construction, and operation of the facility, shall attend the	60175
information session and public hearing to respond to comments or	60176
questions concerning the facility directed to the applicant or	60177
representative by the officer or employee of the environmental	60178
protection agency presiding at the information session and	60179
hearing.	60180

(f) The solid waste management policy committee of a county	60181
or joint solid waste management district may adopt a resolution	60182
requesting expeditious consideration of a specific application	60183
submitted under division (A)(2)(a) of this section for a permit to	60184
modify an existing solid waste facility within the district. The	60185
resolution shall make the finding that expedited consideration of	60186
the application without the public information session and public	60187
hearing under division (A)(2)(e) of this section is in the public	60188
interest and will not endanger human health, as determined by the	60189
director by rules adopted in accordance with Chapter 119. of the	60190
Revised Code. Upon receiving such a resolution, the director, at	60191
the director's discretion, may issue a final action upon the	60192
application without holding a public information session or public	60193
hearing pursuant to division (A)(2)(e) of this section.	60194

(3) Except as provided in division (A)(10) of this section,	60195
and unless the owner or operator of any solid waste facility,	60196
other than a solid waste transfer facility or a compost facility	60197
that accepts exclusively source separated yard wastes, that	60198
commenced operation on or before July 1, 1968, has obtained an	60199
exemption from the requirements of division (A)(3) of this section	60200
in accordance with division (G) of section 3734.02 of the Revised	60201
Code, the owner or operator shall submit to the director an	60202
application for a permit with accompanying engineering detail	60203
plans, specifications, and information regarding the facility and	60204
its method of operation for approval under rules adopted under	60205
division (A) of section 3734.02 of the Revised Code and applicable	60206
rules adopted under division (D) of section 3734.12 of the Revised	60207
Code in accordance with the following schedule:	60208

(a) Not later than September 24, 1988, if the facility is	60209
located in the city of Garfield Heights or Parma in Cuyahoga	60210
county;	60211

(b) Not later than December 24, 1988, if the facility is	60212
located in Delaware, Greene, Guernsey, Hamilton, Madison,	60213
Mahoning, Ottawa, or Vinton county;	60214

(c) Not later than March 24, 1989, if the facility is located	60215
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	60216
Washington county, or is located in the city of Brooklyn or	60217
Cuyahoga Heights in Cuyahoga county;	60218

(d) Not later than June 24, 1989, if the facility is located	60219
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	60220
Summit county or is located in Cuyahoga county outside the cities	60221
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	60222

(e) Not later than September 24, 1989, if the facility is	60223
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	60224
county;	60225

(f) Not later than December 24, 1989, if the facility is	60226
located in a county not listed in divisions (A)(3)(a) to (e) of	60227
this section;	60228

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	60229
section, not later than December 31, 1990, if the facility is a	60230
solid waste facility owned by a generator of solid wastes when the	60231
solid waste facility exclusively disposes of solid wastes	60232
generated at one or more premises owned by the generator	60233
regardless of whether the facility is located on a premises where	60234
the wastes are generated and if the facility disposes of more than	60235
one hundred thousand tons of solid wastes per year, provided that	60236
any such facility shall be subject to division (A)(5) of this	60237
section.	60238

(4) Except as provided in divisions (A)(8), (9), and (10) of	60239
this section, unless the owner or operator of any solid waste	60240
facility for which a permit was issued after July 1, 1968, but	60241
before January 1, 1980, has obtained an exemption from the	60242
requirements of division (A)(4) of this section under division (G)	60243
of section 3734.02 of the Revised Code, the owner or operator	60244
shall submit to the director an application for a permit with	60245
accompanying engineering detail plans, specifications, and	60246
information regarding the facility and its method of operation for	60247
approval under those rules.	60248

(5) The director may issue an order in accordance with	60249
Chapter 3745. of the Revised Code to the owner or operator of a	60250
solid waste facility requiring the person to submit to the	60251
director updated engineering detail plans, specifications, and	60252
information regarding the facility and its method of operation for	60253
approval under rules adopted under division (A) of section 3734.02	60254
of the Revised Code and applicable rules adopted under division	60255
(D) of section 3734.12 of the Revised Code if, in the director's	60256
judgment, conditions at the facility constitute a substantial	60257
threat to public health or safety or are causing or contributing	60258
to or threatening to cause or contribute to air or water pollution	60259
or soil contamination. Any person who receives such an order shall	60260
submit the updated engineering detail plans, specifications, and	60261
information to the director within one hundred eighty days after	60262
the effective date of the order.	60263

(6) The director shall act upon an application submitted	60264
under division (A)(3) or (4) of this section and any updated	60265
engineering plans, specifications, and information submitted under	60266
division (A)(5) of this section within one hundred eighty days	60267
after receiving them. If the director denies any such permit	60268
application, the order denying the application or disapproving the	60269
plans shall include the requirements that the owner or operator	60270
submit a plan for closure and post-closure care of the facility to	60271
the director for approval within six months after issuance of the	60272
order, cease accepting solid wastes for disposal or transfer at	60273
the facility, and commence closure of the facility not later than	60274
one year after issuance of the order. If the director determines	60275
that closure of the facility within that one-year period would	60276
result in the unavailability of sufficient solid waste management	60277
facility capacity within the county or joint solid waste	60278
management district in which the facility is located to dispose of	60279
or transfer the solid waste generated within the district, the	60280
director in the order of denial or disapproval may postpone	60281
commencement of closure of the facility for such period of time as	60282
the director finds necessary for the board of county commissioners	60283
or directors of the district to secure access to or for there to	60284
be constructed within the district sufficient solid waste	60285
management facility capacity to meet the needs of the district,	60286
provided that the director shall certify in the director's order	60287
that postponing the date for commencement of closure will not	60288
endanger ground water or any property surrounding the facility,	60289
allow methane gas migration to occur, or cause or contribute to	60290
any other type of environmental damage.	60291

If an emergency need for disposal capacity that may affect	60292
public health and safety exists as a result of closure of a	60293
facility under division (A)(6) of this section, the director may	60294
issue an order designating another solid waste facility to accept	60295
the wastes that would have been disposed of at the facility to be	60296
closed.	60297

(7) If the director determines that standards more stringent	60298
than those applicable in rules adopted under division (A) of	60299
section 3734.02 of the Revised Code and division (D) of section	60300
3734.12 of the Revised Code, or standards pertaining to subjects	60301
not specifically addressed by those rules, are necessary to ensure	60302
that a solid waste facility constructed at the proposed location	60303
will not cause a nuisance, cause or contribute to water pollution,	60304
or endanger public health or safety, the director may issue a	60305
permit for the facility with such terms and conditions as the	60306
director finds necessary to protect public health and safety and	60307
the environment. If a permit is issued, the director shall state	60308
in the order issuing it the specific findings supporting each such	60309
term or condition.	60310

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	60311
not apply to a solid waste compost facility that accepts	60312
exclusively source separated yard wastes and that is registered	60313
under division (C) of section 3734.02 of the Revised Code or,	60314
unless otherwise provided in rules adopted under division (N)(3)	60315
of section 3734.02 of the Revised Code, to a solid waste compost	60316
facility if the director has adopted rules establishing an	60317
alternative system for authorizing the establishment, operation,	60318
or modification of a solid waste compost facility under that	60319
division.	60320

(9) Divisions (A)(1) to (7) of this section do not apply to	60321
scrap tire collection, storage, monocell, monofill, and recovery	60322
facilities. The approval of plans and specifications, as	60323
applicable, and the issuance of registration certificates,	60324
permits, and licenses for those facilities are subject to sections	60325
3734.75 to 3734.78 of the Revised Code, as applicable, and section	60326
3734.81 of the Revised Code.	60327

(10) Divisions (A)(3) and (4) of this section do not apply to	60328
a solid waste incinerator that was placed into operation on or	60329
before October 12, 1994, and that is not authorized to accept and	60330
treat infectious wastes pursuant to division (B) of this section.	60331

(B)(1) Each person who is engaged in the business of treating	60332
infectious wastes for profit at a treatment facility located off	60333
the premises where the wastes are generated that is in operation	60334
on August 10, 1988, and who proposes to continue operating the	60335
facility shall submit to the board of health of the health	60336
district in which the facility is located an application for a	60337
license to operate the facility.	60338

Thereafter, no person shall operate or maintain an infectious	60339
waste treatment facility without a license issued by the board of	60340
health of the health district in which the facility is located or	60341
by the director when the health district in which the facility is	60342
located is not on the approved list under section 3734.08 of the	60343
Revised Code.	60344

(2)(a) During the month of December, but before the first day	60345
of January of the next year, every person proposing to continue to	60346
operate an existing infectious waste treatment facility shall	60347
procure a license to operate the facility for that year from the	60348
board of health of the health district in which the facility is	60349
located or, if the health district is not on the approved list	60350
under section 3734.08 of the Revised Code, from the director. The	60351
application for such a license shall be submitted to the board of	60352
health or to the director, as appropriate, on or before the last	60353
day of September of the year preceding that for which the license	60354
is sought. In addition to the application fee prescribed in	60355
division (B)(2)(c) of this section, a person who submits an	60356
application after that date shall pay an additional ten per cent	60357
of the amount of the application fee for each week that the	60358
application is late. Late payment fees accompanying an application	60359
submitted to the board of health shall be credited to the special	60360
infectious waste fund of the health district created in division	60361
(C) of section 3734.06 of the Revised Code, and late payment fees	60362
accompanying an application submitted to the director shall be	60363
credited to the general revenue fund. A person who has received a	60364
license, upon sale or disposition of an infectious waste treatment	60365
facility and upon consent of the board of health and the director,	60366
may have the license transferred to another person. The board of	60367
health or the director may include such terms and conditions in a	60368
license or revision to a license as are appropriate to ensure	60369
compliance with the infectious waste provisions of this chapter	60370
and rules adopted under them.	60371

(b) Each person proposing to open a new infectious waste	60372
treatment facility or to modify an existing infectious waste	60373
treatment facility shall submit an application for a permit with	60374
accompanying detail plans and specifications to the environmental	60375
protection agency for required approval under the rules adopted by	60376
the director pursuant to section 3734.021 of the Revised Code two	60377
hundred seventy days before proposed operation of the facility and	60378
concurrently shall make application for a license with the board	60379
of health of the health district in which the facility is or is	60380
proposed to be located. Not later than ninety days after receiving	60381
a completed application under division (B)(2)(b) of this section	60382
for a permit to open a new infectious waste treatment facility or	60383
modify an existing infectious waste treatment facility to expand	60384
its treatment capacity, or receiving a completed application under	60385
division (A)(2)(a) of this section for a permit to open a new	60386
solid waste incineration facility, or modify an existing solid	60387
waste incineration facility to also treat infectious wastes or to	60388
increase its infectious waste treatment capacity, that pertains to	60389
a facility for which a notation authorizing infectious waste	60390
treatment is included or proposed to be included in the solid	60391
waste incineration facility's license pursuant to division (B)(3)	60392
of this section, the director shall hold a public hearing on the	60393
application within the county in which the new or modified	60394
infectious waste or solid waste facility is or is proposed to be	60395
located or within a contiguous county. Not less than thirty days	60396
before holding the public hearing on the application, the director	60397
shall publish notice of the hearing in each newspaper that has	60398
general circulation and that is published in the county in which	60399
the facility is or is proposed to be located. If there is no	60400
newspaper that has general circulation and that is published in	60401
the county, the director shall publish the notice in a newspaper	60402
of general circulation in the county. The notice shall contain the	60403
date, time, and location of the public hearing and a general	60404
description of the proposed new or modified facility. At the	60405
public hearing, any person may submit written or oral comments on	60406
or objections to the approval or disapproval of the application.	60407
The applicant, or a representative of the applicant who has	60408
knowledge of the location, construction, and operation of the	60409
facility, shall attend the public hearing to respond to comments	60410
or questions concerning the facility directed to the applicant or	60411
representative by the officer or employee of the environmental	60412
protection agency presiding at the hearing.	60413

(c) Each application for a permit under division (B)(2)(b) of	60414
this section shall be accompanied by a nonrefundable application	60415
fee of four hundred dollars that shall be credited to the general	60416
revenue fund. Each application for an annual license under	60417
division (B)(2)(a) of this section shall be accompanied by a	60418
nonrefundable application fee of one hundred dollars. If the	60419
application for an annual license is submitted to a board of	60420
health on the approved list under section 3734.08 of the Revised	60421
Code, the application fee shall be credited to the special	60422
infectious waste fund of the health district created in division	60423
(C) of section 3734.06 of the Revised Code. If the application for	60424
an annual license is submitted to the director, the application	60425
fee shall be credited to the general revenue fund. If a permit or	60426
license is issued, the amount of the application fee paid shall be	60427
deducted from the amount of the permit fee due under division (Q)	60428
of section 3745.11 of the Revised Code or the amount of the	60429
license fee due under division (C) of section 3734.06 of the	60430
Revised Code.	60431

(d) The owner or operator of any infectious waste treatment	60432
facility that commenced operation on or before July 1, 1968, shall	60433
submit to the director an application for a permit with	60434
accompanying engineering detail plans, specifications, and	60435
information regarding the facility and its method of operation for	60436
approval under rules adopted under section 3734.021 of the Revised	60437
Code in accordance with the following schedule:	60438

(i) Not later than December 24, 1988, if the facility is	60439
located in Delaware, Greene, Guernsey, Hamilton, Madison,	60440
Mahoning, Ottawa, or Vinton county;	60441

(ii) Not later than March 24, 1989, if the facility is	60442
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	60443
or Washington county, or is located in the city of Brooklyn,	60444
Cuyahoga Heights, or Parma in Cuyahoga county;	60445

(iii) Not later than June 24, 1989, if the facility is	60446
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	60447
Lucas, or Summit county or is located in Cuyahoga county outside	60448
the cities of Brooklyn, Cuyahoga Heights, and Parma;	60449

(iv) Not later than September 24, 1989, if the facility is	60450
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	60451
county;	60452

(v) Not later than December 24, 1989, if the facility is	60453
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	60454
of this section.	60455

The owner or operator of an infectious waste treatment	60456
facility required to submit a permit application under division	60457
(B)(2)(d) of this section is not required to pay any permit	60458
application fee under division (B)(2)(c) of this section, or	60459
permit fee under division (Q) of section 3745.11 of the Revised	60460
Code, with respect thereto unless the owner or operator also	60461
proposes to modify the facility.	60462

(e) The director may issue an order in accordance with	60463
Chapter 3745. of the Revised Code to the owner or operator of an	60464
infectious waste treatment facility requiring the person to submit	60465
to the director updated engineering detail plans, specifications,	60466
and information regarding the facility and its method of operation	60467
for approval under rules adopted under section 3734.021 of the	60468
Revised Code if, in the director's judgment, conditions at the	60469
facility constitute a substantial threat to public health or	60470
safety or are causing or contributing to or threatening to cause	60471
or contribute to air or water pollution or soil contamination. Any	60472
person who receives such an order shall submit the updated	60473
engineering detail plans, specifications, and information to the	60474
director within one hundred eighty days after the effective date	60475
of the order.	60476

(f) The director shall act upon an application submitted	60477
under division (B)(2)(d) of this section and any updated	60478
engineering plans, specifications, and information submitted under	60479
division (B)(2)(e) of this section within one hundred eighty days	60480
after receiving them. If the director denies any such permit	60481
application or disapproves any such updated engineering plans,	60482
specifications, and information, the director shall include in the	60483
order denying the application or disapproving the plans the	60484
requirement that the owner or operator cease accepting infectious	60485
wastes for treatment at the facility.	60486

(3) Division (B) of this section does not apply to an	60487
infectious waste treatment facility that meets any of the	60488
following conditions:	60489

(a) Is owned or operated by the generator of the wastes and	60490
exclusively treats, by methods, techniques, and practices	60491
established by rules adopted under division (C)(1) or (3) of	60492
section 3734.021 of the Revised Code, wastes that are generated at	60493
any premises owned or operated by that generator regardless of	60494
whether the wastes are generated on the same premises where the	60495
generator's treatment facility is located or, if the generator is	60496
a hospital as defined in section 3727.01 of the Revised Code,	60497
infectious wastes that are described in division (A)(1)(g), (h),	60498
or (i) of section 3734.021 of the Revised Code;	60499

(b) Holds a license or renewal of a license to operate a	60500
crematory facility issued under Chapter 4717. and a permit issued	60501
under Chapter 3704. of the Revised Code;	60502

(c) Treats or disposes of dead animals or parts thereof, or	60503
the blood of animals, and is subject to any of the following:	60504

(i) Inspection under the "Federal Meat Inspection Act," 81	60505
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	60506

(ii) Chapter 918. of the Revised Code;

60507

(iii) Chapter 953. of the Revised Code.

60508

Nothing in division (B) of this section requires a facility	60509
that holds a license issued under division (A) of this section as	60510
a solid waste facility and that also treats infectious wastes by	60511
the same method, technique, or process to obtain a license under	60512
division (B) of this section as an infectious waste treatment	60513
facility. However, the solid waste facility license for the	60514
facility shall include the notation that the facility also treats	60515
infectious wastes.	60516

On and after the effective date of the amendments to the	60517
rules adopted under division (C)(2) of section 3734.021 of the	60518
Revised Code that are required by Section 6 of Substitute House	60519
Bill No. 98 of the 120th General Assembly, the director shall not	60520
issue a permit to open a new solid waste incineration facility	60521
unless the proposed facility complies with the requirements for	60522
the location of new infectious waste incineration facilities	60523
established in the required amendments to those rules.	60524

(C) Except for a facility or activity described in division	60525
(E)(3) of section 3734.02 of the Revised Code, a person who	60526
proposes to establish or operate a hazardous waste facility shall	60527
submit a complete application for a hazardous waste facility	60528
installation and operation permit and accompanying detail plans,	60529
specifications, and such information as the director may require	60530
to the environmental protection agency at least one hundred eighty	60531
days before the proposed beginning of operation of the facility.	60532
The applicant shall notify by certified mail the legislative	60533
authority of each municipal corporation, township, and county in	60534
which the facility is proposed to be located of the submission of	60535
the application within ten days after the submission or at such	60536
earlier time as the director may establish by rule. If the	60537
application is for a proposed new hazardous waste disposal or	60538
thermal treatment facility, the applicant also shall give actual	60539
notice of the general design and purpose of the facility to the	60540
legislative authority of each municipal corporation, township, and	60541
county in which the facility is proposed to be located at least	60542
ninety days before the permit application is submitted to the	60543
environmental protection agency.	60544

In accordance with rules adopted under section 3734.12 of the	60545
Revised Code, prior to the submission of a complete application	60546
for a hazardous waste facility installation and operation permit,	60547
the applicant shall hold at least one meeting in the township or	60548
municipal corporation in which the facility is proposed to be	60549
located, whichever is geographically closer to the proposed	60550
location of the facility. The meeting shall be open to the public	60551
and shall be held to inform the community of the proposed	60552
hazardous waste management activities and to solicit questions	60553
from the community concerning the activities.	60554

(D)(1) Except as provided in section 3734.123 of the Revised	60555
Code, upon receipt of a complete application for a hazardous waste	60556
facility installation and operation permit under division (C) of	60557
this section, the director shall consider the application and	60558
accompanying information to determine whether the application	60559
complies with agency rules and the requirements of division (D)(2)	60560
of this section. After making a determination, the director shall	60561
issue either a draft permit or a notice of intent to deny the	60562
permit. The director, in accordance with rules adopted under	60563
section 3734.12 of the Revised Code or with rules adopted to	60564
implement Chapter 3745. of the Revised Code, shall provide public	60565
notice of the application and the draft permit or the notice of	60566
intent to deny the permit, provide an opportunity for public	60567
comments, and, if significant interest is shown, schedule a public	60568
meeting in the county in which the facility is proposed to be	60569
located and give public notice of the date, time, and location of	60570
the public meeting in a newspaper of general circulation in that	60571
county.	60572

(2) The director shall not approve an application for a	60573
hazardous waste facility installation and operation permit or an	60574
application for a modification under division (I)(3) of this	60575
section unless the director finds and determines as follows:	60576

(a) The nature and volume of the waste to be treated, stored,	60577
or disposed of at the facility;	60578

(b) That the facility complies with the director's hazardous	60579
waste standards adopted pursuant to section 3734.12 of the Revised	60580
Code;	60581

(c) That the facility represents the minimum adverse	60582
environmental impact, considering the state of available	60583
technology and the nature and economics of various alternatives,	60584
and other pertinent considerations;	60585

(d) That the facility represents the minimum risk of all of	60586
the following:	60587

(i) Fires or explosions from treatment, storage, or disposal	60588
methods;	60589

(ii) Release of hazardous waste during transportation of	60590
hazardous waste to or from the facility;	60591

(iii) Adverse impact on the public health and safety.

60592

(e) That the facility will comply with this chapter and	60593
Chapters 3704. and 6111. of the Revised Code and all rules and	60594
standards adopted under them;	60595

(f) That if the owner of the facility, the operator of the	60596
facility, or any other person in a position with the facility from	60597
which the person may influence the installation and operation of	60598
the facility has been involved in any prior activity involving	60599
transportation, treatment, storage, or disposal of hazardous	60600
waste, that person has a history of compliance with this chapter	60601
and Chapters 3704. and 6111. of the Revised Code and all rules and	60602
standards adopted under them, the "Resource Conservation and	60603
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	60604
amended, and all regulations adopted under it, and similar laws	60605
and rules of other states if any such prior operation was located	60606
in another state that demonstrates sufficient reliability,	60607
expertise, and competency to operate a hazardous waste facility	60608
under the applicable provisions of this chapter and Chapters 3704.	60609
and 6111. of the Revised Code, the applicable rules and standards	60610
adopted under them, and terms and conditions of a hazardous waste	60611
facility installation and operation permit, given the potential	60612
for harm to the public health and safety and the environment that	60613
could result from the irresponsible operation of the facility. For	60614
off-site facilities, as defined in section 3734.41 of the Revised	60615
Code, the director may use the investigative reports of the	60616
attorney general prepared pursuant to section 3734.42 of the	60617
Revised Code as a basis for making a finding and determination	60618
under division (D)(2)(f) of this section.	60619

(g) That the active areas within a new hazardous waste	60620
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	60621
(e), as amended, or organic waste that is toxic and is listed	60622
under 40 C.F.R. 261, as amended, is being stored, treated, or	60623
disposed of and where the aggregate of the storage design capacity	60624
and the disposal design capacity of all hazardous waste in those	60625
areas is greater than two hundred fifty thousand gallons, are not	60626
located or operated within any of the following:	60627

(i) Two thousand feet of any residence, school, hospital,	60628
jail, or prison;	60629

(ii) Any naturally occurring wetland;

60630

(iii) Any flood hazard area if the applicant cannot show that	60631
the facility will be designed, constructed, operated, and	60632
maintained to prevent washout by a one-hundred-year flood.	60633

Division (D)(2)(g) of this section does not apply to the	60634
facility of any applicant who demonstrates to the director that	60635
the limitations specified in that division are not necessary	60636
because of the nature or volume of the waste and the manner of	60637
management applied, the facility will impose no substantial danger	60638
to the health and safety of persons occupying the structures	60639
listed in division (D)(2)(g)(i) of this section, and the facility	60640
is to be located or operated in an area where the proposed	60641
hazardous waste activities will not be incompatible with existing	60642
land uses in the area.	60643

(h) That the facility will not be located within the	60644
boundaries of a state park established or dedicated under Chapter	60645
1541. of the Revised Code, a state park purchase area established	60646
under section 1541.02 of the Revised Code, any unit of the	60647
national park system, or any property that lies within the	60648
boundaries of a national park or recreation area, but that has not	60649
been acquired or is not administered by the secretary of the	60650
United States department of the interior, located in this state,	60651
or any candidate area located in this state identified for	60652
potential inclusion in the national park system in the edition of	60653
the "national park system plan" submitted under paragraph (b) of	60654
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	60655
U.S.C.A. 1a-5, as amended, current at the time of filing of the	60656
application for the permit, unless the facility will be used	60657
exclusively for the storage of hazardous waste generated within	60658
the park or recreation area in conjunction with the operation of	60659
the park or recreation area. Division (D)(2)(h) of this section	60660
does not apply to the facility of any applicant for modification	60661
of a permit unless the modification application proposes to	60662
increase the land area included in the facility or to increase the	60663
quantity of hazardous waste that will be treated, stored, or	60664
disposed of at the facility.	60665

(3) Not later than one hundred eighty days after the end of	60666
the public comment period, the director, without prior hearing,	60667
shall issue or deny the permit in accordance with Chapter 3745. of	60668
the Revised Code. If the director approves an application for a	60669
hazardous waste facility installation and operation permit, the	60670
director shall issue the permit, upon such terms and conditions as	60671
the director finds are necessary to ensure the construction and	60672
operation of the hazardous waste facility in accordance with the	60673
standards of this section.	60674

(E); No political subdivision of this state shall require any	60675
additional zoning or other approval, consent, permit, certificate,	60676
or condition for the construction or operation of a hazardous	60677
waste facility authorized by a hazardous waste facility	60678
installation and operation permit issued pursuant to this chapter,	60679
nor shall any political subdivision adopt or enforce any law,	60680
ordinance, or rule that in any way alters, impairs, or limits the	60681
authority granted in the permit.	60682

(F) The director may issue a single hazardous waste facility	60683
installation and operation permit to a person who operates two or	60684
more adjoining facilities where hazardous waste is stored,	60685
treated, or disposed of if the application includes detail plans,	60686
specifications, and information on all facilities. For the	60687
purposes of this section, "adjoining" means sharing a common	60688
boundary, separated only by a public road, or in such proximity	60689
that the director determines that the issuance of a single permit	60690
will not create a hazard to the public health or safety or the	60691
environment.	60692

(G) No person shall falsify or fail to keep or submit any	60693
plans, specifications, data, reports, records, manifests, or other	60694
information required to be kept or submitted to the director by	60695
this chapter or the rules adopted under it.	60696

(H)(1) Each person who holds an installation and operation	60697
permit issued under this section and who wishes to obtain a permit	60698
renewal shall submit a completed application for an installation	60699
and operation permit renewal and any necessary accompanying	60700
general plans, detail plans, specifications, and such information	60701
as the director may require to the director no later than one	60702
hundred eighty days prior to the expiration date of the existing	60703
permit or upon a later date prior to the expiration of the	60704
existing permit if the permittee can demonstrate good cause for	60705
the late submittal. The director shall consider the application	60706
and accompanying information, inspection reports of the facility,	60707
results of performance tests, a report regarding the facility's	60708
compliance or noncompliance with the terms and conditions of its	60709
permit and rules adopted by the director under this chapter, and	60710
such other information as is relevant to the operation of the	60711
facility and shall issue a draft renewal permit or a notice of	60712
intent to deny the renewal permit. The director, in accordance	60713
with rules adopted under this section or with rules adopted to	60714
implement Chapter 3745. of the Revised Code, shall give public	60715
notice of the application and draft renewal permit or notice of	60716
intent to deny the renewal permit, provide for the opportunity for	60717
public comments within a specified time period, schedule a public	60718
meeting in the county in which the facility is located if	60719
significant interest is shown, and give public notice of the	60720
public meeting.	60721

(2) Within sixty days after the public meeting or close of	60722
the public comment period, the director, without prior hearing,	60723
shall issue or deny the renewal permit in accordance with Chapter	60724
3745. of the Revised Code. The director shall not issue a renewal	60725
permit unless the director determines that the facility under the	60726
existing permit has a history of compliance with this chapter,	60727
rules adopted under it, the existing permit, or orders entered to	60728
enforce such requirements that demonstrates sufficient	60729
reliability, expertise, and competency to operate the facility	60730
henceforth under this chapter, rules adopted under it, and the	60731
renewal permit. If the director approves an application for a	60732
renewal permit, the director shall issue the permit subject to the	60733
payment of the annual permit fee required under division (E) of	60734
section 3734.02 of the Revised Code and upon such terms and	60735
conditions as the director finds are reasonable to ensure that	60736
continued operation, maintenance, closure, and post-closure care	60737
of the hazardous waste facility are in accordance with the rules	60738
adopted under section 3734.12 of the Revised Code.	60739

(3) An installation and operation permit renewal application	60740
submitted to the director that also contains or would constitute	60741
an application for a modification shall be acted upon by the	60742
director in accordance with division (I) of this section in the	60743
same manner as an application for a modification. In approving or	60744
disapproving the renewal portion of a permit renewal application	60745
containing an application for a modification, the director shall	60746
apply the criteria established under division (H)(2) of this	60747
section.	60748

(4) An application for renewal or modification of a permit	60749
that does not contain an application for a modification as	60750
described in divisions (I)(3)(a) to (d) of this section shall not	60751
be subject to division (D)(2) of this section.	60752

(I)(1) As used in this section, "modification" means a change	60753
or alteration to a hazardous waste facility or its operations that	60754
is inconsistent with or not authorized by its existing permit or	60755
authorization to operate. Modifications shall be classified as	60756
Class 1, 2, or 3 modifications in accordance with rules adopted	60757
under division (K) of this section. Modifications classified as	60758
Class 3 modifications, in accordance with rules adopted under that	60759
division, shall be further classified by the director as either	60760
Class 3 modifications that are to be approved or disapproved by	60761
the director under divisions (I)(3)(a) to (d) of this section or	60762
as Class 3 modifications that are to be approved or disapproved by	60763
the director under division (I)(5) of this section. Not later than	60764
thirty days after receiving a request for a modification under	60765
division (I)(4) of this section that is not listed in Appendix I	60766
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	60767
section, the director shall classify the modification and shall	60768
notify the owner or operator of the facility requesting the	60769
modification of the classification. Notwithstanding any other law	60770
to the contrary, any modification that involves the transfer of a	60771
hazardous waste facility installation and operation permit to a	60772
new owner or operator for an off-site facility as defined in	60773
section 3734.41 of the Revised Code shall be classified as a Class	60774
3 modification. The transfer of a hazardous waste facility	60775
installation and operation permit to a new owner or operator for a	60776
facility that is not an off-site facility shall be classified as a	60777
Class 1 modification requiring prior approval of the director.	60778

(2) Except as provided in section 3734.123 of the Revised	60779
Code, a hazardous waste facility installation and operation permit	60780
may be modified at the request of the director or upon the written	60781
request of the permittee only if any of the following applies:	60782

(a) The permittee desires to accomplish alterations,	60783
additions, or deletions to the permitted facility or to undertake	60784
alterations, additions, deletions, or activities that are	60785
inconsistent with or not authorized by the existing permit;	60786

(b) New information or data justify permit conditions in	60787
addition to or different from those in the existing permit;	60788

(c) The standards, criteria, or rules upon which the existing	60789
permit is based have been changed by new, amended, or rescinded	60790
standards, criteria, or rules, or by judicial decision after the	60791
existing permit was issued, and the change justifies permit	60792
conditions in addition to or different from those in the existing	60793
permit;	60794

(d) The permittee proposes to transfer the permit to another	60795
person.	60796

(3) The director shall approve or disapprove an application	60797
for a modification in accordance with division (D)(2) of this	60798
section and rules adopted under division (K) of this section for	60799
all of the following categories of Class 3 modifications:	60800

(a) Authority to conduct treatment, storage, or disposal at a	60801
site, location, or tract of land that has not been authorized for	60802
the proposed category of treatment, storage, or disposal activity	60803
by the facility's permit;	60804

(b) Modification or addition of a hazardous waste management	60805
unit, as defined in rules adopted under section 3734.12 of the	60806
Revised Code, that results in an increase in a facility's storage	60807
capacity of more than twenty-five per cent over the capacity	60808
authorized by the facility's permit, an increase in a facility's	60809
treatment rate of more than twenty-five per cent over the rate so	60810
authorized, or an increase in a facility's disposal capacity over	60811
the capacity so authorized. The authorized disposal capacity for a	60812
facility shall be calculated from the approved design plans for	60813
the disposal units at that facility. In no case during a five-year	60814
period shall a facility's storage capacity or treatment rate be	60815
modified to increase by more than twenty-five per cent in the	60816
aggregate without the director's approval in accordance with	60817
division (D)(2) of this section. Notwithstanding any provision of	60818
division (I) of this section to the contrary, a request for	60819
modification of a facility's annual total waste receipt limit	60820
shall be classified and approved or disapproved by the director	60821
under division (I)(5) of this section.	60822

(c) Authority to add any of the following categories of	60823
regulated activities not previously authorized at a facility by	60824
the facility's permit: storage at a facility not previously	60825
authorized to store hazardous waste, treatment at a facility not	60826
previously authorized to treat hazardous waste, or disposal at a	60827
facility not previously authorized to dispose of hazardous waste;	60828
or authority to add a category of hazardous waste management unit	60829
not previously authorized at the facility by the facility's	60830
permit. Notwithstanding any provision of division (I) of this	60831
section to the contrary, a request for authority to add or to	60832
modify an activity or a hazardous waste management unit for the	60833
purposes of performing a corrective action shall be classified and	60834
approved or disapproved by the director under division (I)(5) of	60835
this section.	60836

(d) Authority to treat, store, or dispose of waste types	60837
listed or characterized as reactive or explosive, in rules adopted	60838
under section 3734.12 of the Revised Code, or any acute hazardous	60839
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	60840
previously authorized to treat, store, or dispose of those types	60841
of wastes by the facility's permit unless the requested authority	60842
is limited to wastes that no longer exhibit characteristics	60843
meeting the criteria for listing or characterization as reactive	60844
or explosive wastes, or for listing as acute hazardous waste, but	60845
still are required to carry those waste codes as established in	60846
rules adopted under section 3734.12 of the Revised Code because of	60847
the requirements established in 40 C.F.R. 261(a) and (e), as	60848
amended, that is, the "mixture," "derived-from," or "contained-in"	60849
regulations.	60850

(4) A written request for a modification from the permittee	60851
shall be submitted to the director and shall contain such	60852
information as is necessary to support the request. Requests for	60853
modifications shall be acted upon by the director in accordance	60854
with this section and rules adopted under it.	60855

(5) Class 1 modification applications that require prior	60856
approval of the director, as provided in division (I)(1) of this	60857
section or as determined in accordance with rules adopted under	60858
division (K) of this section, Class 2 modification applications,	60859
and Class 3 modification applications that are not described in	60860
divisions (I)(3)(a) to (d) of this section shall be approved or	60861
disapproved by the director in accordance with rules adopted under	60862
division (K) of this section. The board of county commissioners of	60863
the county, the board of township trustees of the township, and	60864
the city manager or mayor of the municipal corporation in which a	60865
hazardous waste facility is located shall receive notification of	60866
any application for a modification for that facility and shall be	60867
considered as interested persons with respect to the director's	60868
consideration of the application.	60869

~~For those modification applications for a transfer of a~~	60870
~~permit to a new owner or operator of a facility, the director also~~	60871
~~shall determine that, if the transferee owner or operator has been~~	60872
~~involved in any prior activity involving the transportation,~~	60873
~~treatment, storage, or disposal of hazardous waste, the transferee~~	60874
~~owner or operator has a history of compliance with this chapter~~	60875
~~and Chapters 3704. and 6111. of the Revised Code and all rules and~~	60876
~~standards adopted under them, the "Resource Conservation and~~	60877
~~Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as~~	60878
~~amended, and all regulations adopted under it, and similar laws~~	60879
~~and rules of another state if the transferee owner or operator~~	60880
~~owns or operates a facility in that state, that demonstrates~~	60881
~~sufficient reliability, expertise, and competency to operate a~~	60882
~~hazardous waste facility under this chapter and Chapters 3704. and~~	60883
~~6111. of the Revised Code, all rules and standards adopted under~~	60884
~~them, and terms and conditions of a hazardous waste facility~~	60885
~~installation and operation permit, given the potential for harm to~~	60886
~~the public health and safety and the environment that could result~~	60887
~~from the irresponsible operation of the facility. A permit may be~~	60888
~~transferred to a new owner or operator only pursuant to a Class 3~~	60889
~~permit modification.~~	60890

~~As used in division (I)(5) of this section:~~

60891

~~(a) "Owner" means the person who owns a majority or~~	60892
~~controlling interest in a facility.~~	60893

~~(b) "Operator" means the person who is responsible for the~~	60894
~~overall operation of a facility.~~	60895

The director shall approve or disapprove an application for a	60896
Class 1 modification that requires the director's approval within	60897
sixty days after receiving the request for modification. The	60898
director shall approve or disapprove an application for a Class 2	60899
modification within three hundred days after receiving the request	60900
for modification. The director shall approve or disapprove an	60901
application for a Class 3 modification within three hundred	60902
sixty-five days after receiving the request for modification.	60903

(6) The approval or disapproval by the director of a Class 1	60904
modification application is not a final action that is appealable	60905
under Chapter 3745. of the Revised Code. The approval or	60906
disapproval by the director of a Class 2 modification or a Class 3	60907
modification is a final action that is appealable under that	60908
chapter. In approving or disapproving a request for a	60909
modification, the director shall consider all comments pertaining	60910
to the request that are received during the public comment period	60911
and the public meetings. The administrative record for appeal of a	60912
final action by the director in approving or disapproving a	60913
request for a modification shall include all comments received	60914
during the public comment period relating to the request for	60915
modification, written materials submitted at the public meetings	60916
relating to the request, and any other documents related to the	60917
director's action.	60918

(7) Notwithstanding any other provision of law to the	60919
contrary, a change or alteration to a hazardous waste facility	60920
described in division (E)(3)(a) or (b) of section 3734.02 of the	60921
Revised Code, or its operations, is a modification for the	60922
purposes of this section. An application for a modification at	60923
such a facility shall be submitted, classified, and approved or	60924
disapproved in accordance with divisions (I)(1) to (6) of this	60925
section in the same manner as a modification to a hazardous waste	60926
facility installation and operation permit.	60927

(J)(1) Except as provided in division (J)(2) of this section,	60928
an owner or operator of a hazardous waste facility that is	60929
operating in accordance with a permit by rule under rules adopted	60930
by the director under division (E)(3)(b) of section 3734.02 of the	60931
Revised Code shall submit either a hazardous waste facility	60932
installation and operation permit application for the facility or	60933
a modification application, whichever is required under division	60934
(J)(1)(a) or (b) of this section, within one hundred eighty days	60935
after the director has requested the application or upon a later	60936
date if the owner or operator demonstrates to the director good	60937
cause for the late submittal.	60938

(a) If the owner or operator does not have a hazardous waste	60939
facility installation and operation permit for any hazardous waste	60940
treatment, storage, or disposal activities at the facility, the	60941
owner or operator shall submit an application for such a permit to	60942
the director for the activities authorized by the permit by rule.	60943
Notwithstanding any other provision of law to the contrary, the	60944
director shall approve or disapprove the application for the	60945
permit in accordance with the procedures governing the approval or	60946
disapproval of permit renewals under division (H) of this section.	60947

(b) If the owner or operator has a hazardous waste facility	60948
installation and operation permit for hazardous waste treatment,	60949
storage, or disposal activities at the facility other than those	60950
authorized by the permit by rule, the owner or operator shall	60951
submit to the director a request for modification in accordance	60952
with division (I) of this section. Notwithstanding any other	60953
provision of law to the contrary, the director shall approve or	60954
disapprove the modification application in accordance with	60955
division (I)(5) of this section.	60956

(2) The owner or operator of a boiler or industrial furnace	60957
that is conducting thermal treatment activities in accordance with	60958
a permit by rule under rules adopted by the director under	60959
division (E)(3)(b) of section 3734.02 of the Revised Code shall	60960
submit a hazardous waste facility installation and operation	60961
permit application if the owner or operator does not have such a	60962
permit for any hazardous waste treatment, storage, or disposal	60963
activities at the facility or, if the owner or operator has such a	60964
permit for hazardous waste treatment, storage, or disposal	60965
activities at the facility other than thermal treatment activities	60966
authorized by the permit by rule, a modification application to	60967
add those activities authorized by the permit by rule, whichever	60968
is applicable, within one hundred eighty days after the director	60969
has requested the submission of the application or upon a later	60970
date if the owner or operator demonstrates to the director good	60971
cause for the late submittal. The application shall be accompanied	60972
by information necessary to support the request. The director	60973
shall approve or disapprove an application for a hazardous waste	60974
facility installation and operation permit in accordance with	60975
division (D) of this section and approve or disapprove an	60976
application for a modification in accordance with division (I)(3)	60977
of this section, except that the director shall not disapprove an	60978
application for the thermal treatment activities on the basis of	60979
the criteria set forth in division (D)(2)(g) or (h) of this	60980
section.	60981

(3) As used in division (J) of this section:

60982

(a) "Modification application" means a request for a	60983
modification submitted in accordance with division (I) of this	60984
section.	60985

(b) "Thermal treatment," "boiler," and "industrial furnace"	60986
have the same meanings as in rules adopted under section 3734.12	60987
of the Revised Code.	60988

(K) The director shall adopt, and may amend, suspend, or	60989
rescind, rules in accordance with Chapter 119. of the Revised Code	60990
in order to implement divisions (H) and (I) of this section.	60991
Except when in actual conflict with this section, rules governing	60992
the classification of and procedures for the modification of	60993
hazardous waste facility installation and operation permits shall	60994
be substantively and procedurally identical to the regulations	60995
governing hazardous waste facility permitting and permit	60996
modifications adopted under the "Resource Conservation and	60997
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	60998
amended.	60999

Sec. 3734.28. ~~All~~Except as otherwise provided in section	61000
3734.282 of the Revised Code, moneys collected under sections	61001
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the	61002
Revised Code and ~~natural resource damages collected by the state~~	61003
under the "Comprehensive Environmental Response, Compensation, and	61004
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	61005
amended, shall be paid into the state treasury to the credit of	61006
the hazardous waste clean-up fund, which is hereby created. In	61007
addition, any moneys recovered for costs paid from the fund for	61008
activities described in ~~division~~divisions (A)(1) and (2) of	61009
section 3745.12 of the Revised Code shall be credited to the fund.	61010
The environmental protection agency shall use the moneys in the	61011
fund for the purposes set forth in division (D) of section	61012
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	61013
3734.26, and 3734.27, ~~and, through October 15, 2005,~~ divisions	61014
(A)(1) and (2) of section 3745.12, and Chapter 3746. of the	61015
Revised Code, including any related enforcement expenses. In	61016
addition, the agency shall use the moneys in the fund to pay the	61017
state's long-term operation and maintenance costs or matching	61018
share for actions taken under the "Comprehensive Environmental	61019
Response, Compensation, and Liability Act of 1980," as amended. If	61020
those moneys are reimbursed by grants or other moneys from the	61021
United States or any other person, the moneys shall be placed in	61022
the fund and not in the general revenue fund.	61023

The director of environmental protection may enter into	61024
contracts and grant agreements with federal, state, or local	61025
government agencies, nonprofit organizations, and colleges and	61026
universities for the purpose of carrying out the responsibilities	61027
of the environmental protection agency for which money may be	61028
expended from the fund.	61029

Sec. 3734.281. ~~Notwithstanding any provision of law to the~~	61030
~~contrary, any moneys set aside by the state for the cleanup and~~	61031
~~remediation of the Ashtabula river; any~~Except as otherwise	61032
provided in section 3734.282 of the Revised Code, moneys collected	61033
from judgements for the state or settlements ~~made by~~with the	61034
director of environmental protection, including those associated	61035
with bankruptcies, related to actions brought under Chapter 3714.	61036
and section 3734.13, 3734.20, 3734.22, 6111.03, or 6111.04 of the	61037
Revised Code; and ~~any~~ moneys received under the "Comprehensive	61038
Environmental Response, Compensation, and Liability Act of 1980,"	61039
94 Stat. 2767, 42 U.S.C. ~~9602~~9601 et seq., as amended, may be	61040
paid into the state treasury to the credit of the environmental	61041
protection remediation fund, which is hereby created. The	61042
environmental protection agency shall use the moneys in the fund	61043
only for the purpose of remediating conditions at a hazardous	61044
waste facility, a solid waste facility, a construction and	61045
demolition debris facility licensed under Chapter 3714. of the	61046
Revised Code, or another location at which the director has reason	61047
to believe there is a substantial threat to public health or	61048
safety or the environment. Remediation may include the direct and	61049
indirect costs associated with the overseeing, supervising,	61050
performing, verifying, or reviewing of remediation activities by	61051
agency employees. All investment earnings of the fund shall be	61052
credited to the fund.	61053

The director of environmental protection may enter into	61054
contracts and grant agreements with federal, state, or local	61055
government agencies, nonprofit organizations, and colleges and	61056
universities for the purpose of carrying out the responsibilities	61057
of the environmental protection agency for which money may be	61058
expended from the fund.	61059

Sec. 3734.282. All money collected by the state for natural	61060
resources damages under the "Comprehensive Environmental Response,	61061
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.	61062
9601 et seq., as amended, the "Oil Pollution Act of 1990," 104	61063
Stat. 484, 33 U.S.C. 2701 et seq., as amended, the "Clean Water	61064
Act," 86 Stat. 862, 33 U.S.C. 1321, as amended, or any other	61065
applicable federal or state law shall be paid into the state	61066
treasury to the credit of the natural resource damages fund, which	61067
is hereby created. The director of environmental protection shall	61068
use money in the fund only in accordance with the purposes of and	61069
the limitations on natural resources damages set forth in the	61070
"Comprehensive Environmental Response, Compensation, and Liability	61071
Act of 1980," as amended, the "Oil Pollution Act of 1990," as	61072
amended, the "Clean Water Act," as amended, or another applicable	61073
federal or state law. All investment earnings of the fund shall be	61074
credited to the fund.	61075

The director of environmental protection may enter into	61076
contracts and grant agreements with federal, state, or local	61077
government agencies, nonprofit organizations, and colleges and	61078
universities for the purpose of carrying out the director's	61079
responsibilities for which money may be expended from the fund.	61080

Sec. 3734.53. (A) The solid waste management plan of any	61081
county or joint solid waste management district shall be prepared	61082
in a format prescribed by the director of environmental protection	61083
and shall provide for compliance with the objectives of the state	61084
solid waste management plan and rules adopted under section	61085
3734.50 of the Revised Code. The plan shall provide for,	61086
demonstrate, and certify the availability of and access to	61087
sufficient solid waste management facility capacity to meet the	61088
solid waste management needs of the district for the ten-year	61089
period covered by the plan. The solid waste management policy	61090
committee of a county or joint district created in section 3734.54	61091
of the Revised Code may prepare and submit a solid waste	61092
management plan that covers and makes the required demonstration	61093
for a longer period of time.	61094

The solid waste management plan shall contain all of the	61095
following:	61096

(1) An inventory of the sources, composition, and quantities	61097
of solid wastes generated in the district during the current year;	61098

(2) An inventory of all existing facilities where solid	61099
wastes are being disposed of, all resource recovery facilities,	61100
and all recycling activities within the district. The inventory	61101
shall identify each such facility or activity and, for each	61102
disposal facility, shall estimate the remaining disposal capacity	61103
available at the facility. The inventory shall be accompanied by a	61104
map that shows the location of each such existing facility or	61105
activity.	61106

(3) An inventory of existing solid waste collection systems	61107
and routes, transportation systems and routes, and transfer	61108
facilities within the district. The inventory shall identify the	61109
entities engaging in solid waste collection within the district.	61110

(4) An inventory of open dumping sites for solid wastes,	61111
including solid wastes consisting of scrap tires, and facilities	61112
for the disposal of fly ash and bottom ash, foundry sand, and slag	61113
within the district. The inventory shall identify each such site	61114
or facility and shall be accompanied by a map that shows the	61115
location of each of them.	61116

(5) A projection of population changes within the district	61117
during the next ten years;	61118

(6) For each year of the forecast period, projections of the	61119
amounts and composition of solid wastes that will be generated	61120
within the district, the amounts of solid wastes originating	61121
outside the district that will be brought into the district for	61122
disposal or resource recovery, the nature of industrial activities	61123
within the district, and the effect of newly regulated waste	61124
streams, solid waste minimization activities, and solid waste	61125
recycling and reuse activities on solid waste generation rates.	61126
For each year of the forecast period, projections of waste	61127
quantities shall be compiled as an aggregate quantity of wastes.	61128

(7) An identification of the additional solid waste	61129
management facilities and the amount of additional capacity needed	61130
to dispose of the quantities of wastes projected in division	61131
(A)(6) of this section;	61132

(8) A strategy for identification of sites for the additional	61133
solid waste management facilities and capacity identified under	61134
division (A)(7) of this section;	61135

(9) An analysis and comparison of the capital and operating	61136
costs of the solid waste disposal facilities, solid waste resource	61137
recovery facilities, and solid waste recycling and reuse	61138
activities necessary to meet the solid waste management needs of	61139
the district, projected in five- and ten-year increments;	61140

(10) An analysis of expenses for which the district is liable	61141
under section 3734.35 of the Revised Code;	61142

(11) A projection of solid waste transfer facilities that	61143
will be needed in conjunction with existing solid waste facilities	61144
and those projected under division (A)(7) of this section;	61145

(12) Such other projections as the district considers	61146
necessary or appropriate to ascertain and meet the solid waste	61147
management needs of the district during the period covered by the	61148
plan;	61149

(13) A schedule for implementation of the plan that, when	61150
applicable, contains all of the following:	61151

(a) An identification of the solid waste disposal, transfer,	61152
and resource recovery facilities and recycling activities	61153
contained in the plan where solid wastes generated within or	61154
transported into the district will be taken for disposal,	61155
transfer, resource recovery, or recycling. An initial or amended	61156
plan prepared and ordered to be implemented by the director under	61157
section 3734.521, 3734.55, or 3734.56 of the Revised Code may	61158
designate solid waste disposal, transfer, or resource recovery	61159
facilities or recycling activities that are owned by a municipal	61160
corporation, county, county or joint solid waste management	61161
district, township, or township waste disposal district created	61162
under section 505.28 of the Revised Code for which debt issued	61163
under Chapter 133., 343., or 6123. of the Revised Code is	61164
outstanding where solid wastes generated within or transported	61165
into the district shall be taken for disposal, transfer, resource	61166
recovery, or recycling.	61167

(b) A schedule for closure of existing solid waste	61168
facilities, expansion of existing facilities, and establishment of	61169
new facilities. The schedule for expansion of existing facilities	61170
or establishment of new facilities shall include, without	61171
limitation, the approximate dates for filing applications for	61172
appropriate permits to install or modify those facilities under	61173
section 3734.05 of the Revised Code.	61174

(c) A schedule for implementation of solid waste recycling,	61175
reuse, and reduction programs needed to meet the waste reduction,	61176
recycling, reuse, and minimization objectives of the state solid	61177
waste management plan and rules adopted by the director under	61178
section 3734.50 of the Revised Code;	61179

(d) The methods of financing implementation of the plan and a	61180
demonstration of the availability of financial resources for that	61181
purpose.	61182

(14) A program for providing informational or technical	61183
assistance regarding source reduction to solid waste generators,	61184
or particular categories of solid waste generators, within the	61185
district. The plan shall set forth the types of assistance to be	61186
provided by the district and the specific categories of generators	61187
that are to be served. The district has the sole discretion to	61188
determine the types of assistance that are to be provided under	61189
the program and the categories of generators to be served by it.	61190

(B) In addition to the information, projections,	61191
demonstrations, and certification required by division (A) of this	61192
section, a plan shall do all of the following:	61193

(1) Establish the schedule of fees, if any, to be levied	61194
under divisions (B)(1) to (3) of section 3734.57 of the Revised	61195
Code;	61196

(2) Establish the fee, if any, to be levied under division	61197
(A) of section 3734.573 of the Revised Code;	61198

(3) Contain provisions governing the allocation among the	61199
purposes enumerated in divisions (G)(1) to (10) of section 3734.57	61200
of the Revised Code of the moneys credited to the special fund of	61201
the district under division (G) of that section that are available	61202
for expenditure by the district under that division. The plan	61203
shall do all of the following:	61204

(a) Ensure that sufficient of the moneys so credited to and	61205
available from the special fund are available for use by the solid	61206
waste management policy committee of the district at the time the	61207
moneys are needed to monitor implementation of the plan and	61208
conduct its periodic review and amendment as required under	61209
section 3734.56 of the Revised Code;	61210

(b) Contain provisions governing the allocation and	61211
distribution of moneys credited to and available from the special	61212
fund of the district to health districts within the county or	61213
joint district that have approved programs under section 3734.08	61214
of the Revised Code for the purposes of division (G)(3) of section	61215
3734.57 of the Revised Code;	61216

(c) Contain provisions governing the allocation and	61217
distribution of moneys credited to and available from the special	61218
fund of the district to the county in which solid waste facilities	61219
are or are to be located and operated under the plan for the	61220
purposes of division (G)(4) of section 3734.57 of the Revised	61221
Code;	61222

(d) Contain provisions governing the allocation and	61223
distribution, pursuant to contracts entered into for that purpose,	61224
of moneys credited to and available from the special fund of the	61225
district to boards of health within the district in which solid	61226
waste facilities contained in the district's plan are located for	61227
the purposes of division (G)(5) of section 3734.57 of the Revised	61228
Code.	61229

(4) Incorporate all solid waste recycling activities that	61230
were in operation within the district on the effective date of the	61231
plan.	61232

(C) The solid waste management plan of a county or joint	61233
district may provide for the adoption of rules under division (G)	61234
of section 343.01 of the Revised Code after approval of the plan	61235
under section 3734.521 or 3734.55 of the Revised Code doing any or	61236
all of the following:	61237

(1) Prohibiting or limiting the receipt at facilities ~~covered~~	61238
~~by the plan~~located within the solid waste management district of	61239
solid wastes generated outside the district or outside a	61240
prescribed service area consistent with the projections under	61241
divisions (A)(6) and (7) of this section~~, except that~~. However,	61242
rules adopted by a board under division (C)(1) of this section	61243
may be adopted and enforced with respect to facilities in the	61244
solid waste management district that are not owned by a county	61245
or the solid waste management district only if the board submits	61246
an application to the director of environmental protection that	61247
demonstrates that there is insufficient capacity to dispose of all	61248
solid wastes that are generated within the district at the	61249
facilities located within the district and the director approves	61250
the application. The demonstration in the application shall be	61251
based on projections contained in the plan or amended plan of the	61252
district. The director shall establish the form of the	61253
application. The approval or disapproval of such an application by	61254
the director is an action that is appealable under section 3745.04	61255
of the Revised Code.	61256

In addition, the director of environmental protection may	61257
issue an order modifying a rule authorized to be adopted under	61258
division (C)(1) of this section to allow the disposal in the	61259
district of wastes from another county or joint solid waste	61260
management district if all of the following apply:	61261

(a) The district in which the wastes were generated does not	61262
have sufficient capacity to dispose of solid wastes generated	61263
within it for six months following the date of the director's	61264
order;	61265

(b) No new solid waste facilities will begin operation during	61266
those six months in the district in which the wastes were	61267
generated and, despite good faith efforts to do so, it is	61268
impossible to site new solid waste facilities within the district	61269
because of its high population density;	61270

(c) The district in which the wastes were generated has made	61271
good faith efforts to negotiate with other districts to	61272
incorporate its disposal needs within those districts' solid waste	61273
management plans, including efforts to develop joint facilities	61274
authorized under section 343.02 of the Revised Code, and the	61275
efforts have been unsuccessful;	61276

(d) The district in which the wastes were generated has	61277
located a facility willing to accept the district's solid wastes	61278
for disposal within the receiving district;	61279

(e) The district in which the wastes were generated has	61280
demonstrated to the director that the conditions specified in	61281
divisions (C)(1)(a) to (d) of this section have been met;	61282

(f) The director finds that the issuance of the order will be	61283
consistent with the state solid waste management plan and that	61284
receipt of the out-of-district wastes will not limit the capacity	61285
of the receiving district to dispose of its in-district wastes to	61286
less than eight years. Any order issued under division (C)(1) of	61287
this section shall not become final until thirty days after it has	61288
been served by certified mail upon the county or joint solid waste	61289
management district that will receive the out-of-district wastes.	61290

(2) Governing the maintenance, protection, and use of solid	61291
waste collection, storage, disposal, transfer, recycling,	61292
processing, and resource recovery facilities within the district	61293
and requiring the submission of general plans and specifications	61294
for the construction, enlargement, or modification of any such	61295
facility to the board of county commissioners or board of	61296
directors of the district for review and approval as complying	61297
with the plan or amended plan of the district;	61298

(3) Governing development and implementation of a program for	61299
the inspection of solid wastes generated outside the boundaries of	61300
the state that are being disposed of at solid waste facilities	61301
included in the district's plan;	61302

(4) Exempting the owner or operator of any existing or	61303
proposed solid waste facility provided for in the plan from	61304
compliance with any amendment to a township zoning resolution	61305
adopted under section 519.12 of the Revised Code or to a county	61306
rural zoning resolution adopted under section 303.12 of the	61307
Revised Code that rezoned or redistricted the parcel or parcels	61308
upon which the facility is to be constructed or modified and that	61309
became effective within two years prior to the filing of an	61310
application for a permit required under division (A)(2)(a) of	61311
section 3734.05 of the Revised Code to open a new or modify an	61312
existing solid waste facility.	61313

(D) Except for the inventories required by divisions (A)(1),	61314
(2), and (4) of this section and the projections required by	61315
division (A)(6) of this section, neither this section nor the	61316
solid waste management plan of a county or joint district applies	61317
to the construction, operation, use, repair, or maintenance of	61318
either of the following:	61319

(1) A solid waste facility owned by a generator of solid	61320
wastes when the solid waste facility exclusively disposes of solid	61321
wastes generated at one or more premises owned by the generator	61322
regardless of whether the facility is located on a premises where	61323
the wastes are generated;	61324

(2) A facility that exclusively disposes of wastes that are	61325
generated from the combustion of coal, or from the combustion of	61326
primarily coal in combination with scrap tires, that is not	61327
combined in any way with garbage at one or more premises owned by	61328
the generator.	61329

(E)(1) The initial solid waste management plans prepared by	61330
county or joint districts under section 3734.521 of the Revised	61331
Code and the amended plans prepared under section 3734.521 or	61332
3734.56 of the Revised Code shall contain a clear statement as to	61333
whether the board of county commissioners or directors is	61334
authorized to or precluded from establishing facility designations	61335
under section 343.014 of the Revised Code.	61336

(2) A policy committee that is preparing a draft or revised	61337
draft plan under section 3734.55 of the Revised Code on October	61338
29, 1993, may include in the draft or revised draft plan only one	61339
of the following pertaining to the solid waste facilities or	61340
recycling activities where solid wastes generated within or	61341
transported into the district are to be taken for disposal,	61342
transfer, resource recovery, or recycling:	61343

(a) The designations required under former division	61344
(A)(12)(a) of this section as it existed prior to October 29,	61345
1993;	61346

(b) The identifications required in division (A)(12)(a) of	61347
this section and the statement required under division (E)(1) of	61348
this section;	61349

61350

(i) The designations required under former division	61351
(A)(12)(a) of this section as it existed prior to October 29,	61352
1993, except that those designations only shall pertain to solid	61353
waste disposal, transfer, or resource recovery facilities or	61354
recycling activities that are owned by a municipal corporation,	61355
county, county or joint solid waste management district, township,	61356
or township waste disposal district created under section 505.28	61357
of the Revised Code for which debt issued under Chapter 133.,	61358
343., or 6123. of the Revised Code is outstanding;	61359

(ii) The identifications required under division (A)(12)(a)	61360
of this section, and the statement required under division (E)(1)	61361
of this section, pertaining to the solid waste facilities and	61362
recycling activities described in division (A) of section 343.014	61363
of the Revised Code.	61364

(F) Notwithstanding section 3734.01 of the Revised Code,	61365
"solid wastes" does not include scrap tires and "facility" does	61366
not include any scrap tire collection, storage, monocell,	61367
monofill, or recovery facility in either of the following	61368
circumstances:	61369

(1) For the purposes of an initial plan prepared and ordered	61370
to be implemented by the director under section 3734.55 of the	61371
Revised Code;	61372

(2) For the purposes of an initial or amended plan prepared	61373
and ordered to be implemented by the director under division (D)	61374
or (F)(1) or (2) of section 3734.521 of the Revised Code in	61375
connection with a change in district composition as defined in	61376
that section that involves an existing district that is operating	61377
under either an initial plan approved or prepared and ordered to	61378
be implemented under section 3734.55 of the Revised Code or an	61379
initial or amended plan approved or prepared and ordered to be	61380
implemented under section 3734.521 of the Revised Code that does	61381
not provide for the management of scrap tires and scrap tire	61382
facilities.	61383

(G) Notwithstanding section 3734.01 of the Revised Code, and	61384
except as provided in division (A)(4) of this section, "solid	61385
wastes" need not include scrap tires and "facility" need not	61386
include any scrap tire collection, storage, monocell, monofill, or	61387
recovery facility in either of the following circumstances:	61388

(1) For the purposes of an initial plan prepared under	61389
sections 3734.54 and 3734.55 of the Revised Code unless the solid	61390
waste management policy committee preparing the initial plan	61391
chooses to include the management of scrap tires and scrap tire	61392
facilities in the plan;	61393

(2) For the purposes of a preliminary demonstration of	61394
capacity as defined in section 3734.521 of the Revised Code, if	61395
any, and an initial or amended plan prepared under that section by	61396
the solid waste management policy committee of a solid waste	61397
management district resulting from proceedings for a change in	61398
district composition under sections 343.012 and 3734.521 of the	61399
Revised Code that involves an existing district that is operating	61400
either under an initial plan approved or prepared and ordered to	61401
be implemented under section 3734.55 of the Revised Code or under	61402
an initial or amended plan approved or prepared and ordered to be	61403
implemented under section 3734.521 of the Revised Code that does	61404
not provide for the management of scrap tires and scrap tire	61405
facilities unless the solid waste management policy committee of	61406
the district resulting from the change chooses to include the	61407
management of scrap tires and scrap tire facilities in the	61408
preliminary demonstration of capacity, if any, and the initial or	61409
amended plan prepared under section 3734.521 of the Revised Code	61410
in connection with the change proceedings.	61411

If a policy committee chooses to include the management of	61412
scrap tires and scrap tire facilities in an initial plan pursuant	61413
to division (G)(1) of this section, the initial plan shall	61414
incorporate all of the elements required under this section, and	61415
may incorporate any of the elements authorized under this section,	61416
for the purpose of managing solid wastes that consist of scrap	61417
tires and solid waste facilities that are scrap tire collection,	61418
storage, monocell, monofill, or recovery facilities. If a policy	61419
committee chooses to provide for the management of scrap tires and	61420
scrap tire facilities pursuant to division (G)(2) of this section,	61421
the preliminary demonstration of capacity, if one is required,	61422
shall incorporate all of the elements required under division	61423
(E)(1) or (2) of section 3734.521 of the Revised Code, as	61424
appropriate, for the purpose of managing solid wastes that consist	61425
of scrap tires and solid waste facilities that are scrap tire	61426
collection, storage, monocell, monofill, or recovery facilities.	61427
The initial or amended plan also shall incorporate all of the	61428
elements required under this section, and may incorporate any of	61429
the elements authorized under this section, for the purpose of	61430
managing solid wastes that consist of scrap tires and solid waste	61431
facilities that are scrap tire collection, storage, monocell,	61432
monofill, or recovery facilities.	61433

(H) Neither this section nor the solid waste management plan	61434
of a county or joint district applies to the construction,	61435
operation, use, repair, or maintenance of any compost facility	61436
that exclusively composts raw rendering material.	61437

Sec. 3734.57. (A) The following fees are hereby levied on	61438
the transfer or disposal of solid wastes in this state:	61439

(1) One dollar per ton on and after July 1, 2003, through	61440
June 30, ~~2010~~2012, one-half of the proceeds of which shall be	61441
deposited in the state treasury to the credit of the hazardous	61442
waste facility management fund created in section 3734.18 of the	61443
Revised Code and one-half of the proceeds of which shall be	61444
deposited in the state treasury to the credit of the hazardous	61445
waste clean-up fund created in section 3734.28 of the Revised	61446
Code;	61447

(2) An additional one dollar per ton on and after July 1,	61448
2003, through June 30, ~~2010~~2012, the proceeds of which shall be	61449
deposited in the state treasury to the credit of the solid waste	61450
fund, which is hereby created. The environmental protection agency	61451
shall use money in the solid waste fund to pay the costs of	61452
administering and enforcing the laws pertaining to solid wastes,	61453
infectious wastes, and construction and demolition debris,	61454
including, without limitation, ground water evaluations related to	61455
solid wastes, infectious wastes, and construction and demolition	61456
debris, under this chapter and Chapter 3714. of the Revised Code	61457
and any rules adopted under them, providing compliance assistance	61458
to small businesses, and paying a share of the administrative	61459
costs of the environmental protection agency pursuant to section	61460
3745.014 of the Revised Code.	61461

(3) An additional ~~one dollar~~two dollars and fifty cents per	61462
ton on and after July 1, ~~2005~~2009, through June 30, ~~2010~~2012,	61463
the proceeds of which shall be deposited in the state treasury	61464
to the credit of the environmental protection fund created in	61465
section 3745.015 of the Revised Code;	61466

(4) An additional twenty-five cents per ton on and after July	61467
1, 2009, through June 30, 2012, the proceeds of which shall be	61468
deposited in the state treasury to the credit of the soil and	61469
water conservation district assistance fund created in section	61470
1515.14 of the Revised Code.	61471

In the case of solid wastes that are taken to a solid waste	61472
transfer facility located in this state prior to being transported	61473
for disposal at a solid waste disposal facility located in this	61474
state or outside of this state, the fees levied under this	61475
division shall be collected by the owner or operator of the	61476
transfer facility as a trustee for the state. The amount of fees	61477
required to be collected under this division at such a transfer	61478
facility shall equal the total tonnage of solid wastes received at	61479
the facility multiplied by the fees levied under this division. In	61480
the case of solid wastes that are not taken to a solid waste	61481
transfer facility located in this state prior to being transported	61482
to a solid waste disposal facility, the fees shall be collected by	61483
the owner or operator of the solid waste disposal facility as a	61484
trustee for the state. The amount of fees required to be collected	61485
under this division at such a disposal facility shall equal the	61486
total tonnage of solid wastes received at the facility that was	61487
not previously taken to a solid waste transfer facility located in	61488
this state multiplied by the fees levied under this division. Fees	61489
levied under this division do not apply to materials separated	61490
from a mixed waste stream for recycling by a generator or	61491
materials removed from the solid waste stream through recycling,	61492
as "recycling" is defined in rules adopted under section 3734.02	61493
of the Revised Code.	61494

The owner or operator of a solid waste transfer facility or	61495
disposal facility, as applicable, shall prepare and file with the	61496
director of environmental protection each month a return	61497
indicating the total tonnage of solid wastes received at the	61498
facility during that month and the total amount of the fees	61499
required to be collected under this division during that month. In	61500
addition, the owner or operator of a solid waste disposal facility	61501
shall indicate on the return the total tonnage of solid wastes	61502
received from transfer facilities located in this state during	61503
that month for which the fees were required to be collected by the	61504
transfer facilities. The monthly returns shall be filed on a form	61505
prescribed by the director. Not later than thirty days after the	61506
last day of the month to which a return applies, the owner or	61507
operator shall mail to the director the return for that month	61508
together with the fees required to be collected under this	61509
division during that month as indicated on the return or may	61510
submit the return and fees electronically in a manner approved by	61511
the director. If the return is filed and the amount of the fees	61512
due is paid in a timely manner as required in this division, the	61513
owner or operator may retain a discount of three-fourths of one	61514
per cent of the total amount of the fees that are required to be	61515
paid as indicated on the return.	61516

The owner or operator may request an extension of not more	61517
than thirty days for filing the return and remitting the fees,	61518
provided that the owner or operator has submitted such a request	61519
in writing to the director together with a detailed description of	61520
why the extension is requested, the director has received the	61521
request not later than the day on which the return is required to	61522
be filed, and the director has approved the request. If the fees	61523
are not remitted within thirty days after the last day of the	61524
month to which the return applies or are not remitted by the last	61525
day of an extension approved by the director, the owner or	61526
operator shall not retain the three-fourths of one per cent	61527
discount and shall pay an additional ten per cent of the amount of	61528
the fees for each month that they are late. For purposes of	61529
calculating the late fee, the first month in which fees are late	61530
begins on the first day after the deadline has passed for timely	61531
submitting the return and fees, and one additional month shall be	61532
counted every thirty days thereafter.	61533

The owner or operator of a solid waste facility may request a	61534
refund or credit of fees levied under this division and remitted	61535
to the director that have not been paid to the owner or operator.	61536
Such a request shall be made only if the fees have not been	61537
collected by the owner or operator, have become a debt that has	61538
become worthless or uncollectable for a period of six months or	61539
more, and may be claimed as a deduction, including a deduction	61540
claimed if the owner or operator keeps accounts on an accrual	61541
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	61542
U.S.C. 166, as amended, and regulations adopted under it. Prior to	61543
making a request for a refund or credit, an owner or operator	61544
shall make reasonable efforts to collect the applicable fees. A	61545
request for a refund or credit shall not include any costs	61546
resulting from those efforts to collect unpaid fees.	61547

A request for a refund or credit of fees shall be made in	61548
writing, on a form prescribed by the director, and shall be	61549
supported by evidence that may be required in rules adopted by the	61550
director under this chapter. After reviewing the request, and if	61551
the request and evidence submitted with the request indicate that	61552
a refund or credit is warranted, the director shall grant a refund	61553
to the owner or operator or shall permit a credit to be taken by	61554
the owner or operator on a subsequent monthly return submitted by	61555
the owner or operator. The amount of a refund or credit shall not	61556
exceed an amount that is equal to ninety days' worth of fees owed	61557
to an owner or operator by a particular debtor of the owner or	61558
operator. A refund or credit shall not be granted by the director	61559
to an owner or operator more than once in any twelve-month period	61560
for fees owed to the owner or operator by a particular debtor.	61561

If, after receiving a refund or credit from the director, an	61562
owner or operator receives payment of all or part of the fees, the	61563
owner or operator shall remit the fees with the next monthly	61564
return submitted to the director together with a written	61565
explanation of the reason for the submittal.	61566

For purposes of computing the fees levied under this division	61567
or division (B) of this section, any solid waste transfer or	61568
disposal facility that does not use scales as a means of	61569
determining gate receipts shall use a conversion factor of three	61570
cubic yards per ton of solid waste or one cubic yard per ton for	61571
baled waste, as applicable.	61572

The fees levied under this division and divisions (B) and (C)	61573
of this section are in addition to all other applicable fees and	61574
taxes and shall be paid by the customer or a political subdivision	61575
to the owner or operator of a solid waste transfer or disposal	61576
facility. In the alternative, the fees shall be paid by a customer	61577
or political subdivision to a transporter of waste who	61578
subsequently transfers the fees to the owner or operator of such a	61579
facility. The fees shall be paid notwithstanding the existence of	61580
any provision in a contract that the customer or a political	61581
subdivision may have with the owner or operator or with a	61582
transporter of waste to the facility that would not require or	61583
allow such payment regardless of whether the contract was entered	61584
prior to or after the effective date of this amendment. For those	61585
purposes, "customer" means a person who contracts with, or	61586
utilizes the solid waste services of, the owner or operator of a	61587
solid waste transfer or disposal facility or a transporter of	61588
solid waste to such a facility.	61589

(B) For the purposes specified in division (G) of this	61590
section, the solid waste management policy committee of a county	61591
or joint solid waste management district may levy fees upon the	61592
following activities:	61593

(1) The disposal at a solid waste disposal facility located	61594
in the district of solid wastes generated within the district;	61595

(2) The disposal at a solid waste disposal facility within	61596
the district of solid wastes generated outside the boundaries of	61597
the district, but inside this state;	61598

(3) The disposal at a solid waste disposal facility within	61599
the district of solid wastes generated outside the boundaries of	61600
this state.	61601

The solid waste management plan of the county or joint	61602
district approved under section 3734.521 or 3734.55 of the Revised	61603
Code and any amendments to it, or the resolution adopted under	61604
this division, as appropriate, shall establish the rates of the	61605
fees levied under divisions (B)(1), (2), and (3) of this section,	61606
if any, and shall specify whether the fees are levied on the basis	61607
of tons or cubic yards as the unit of measurement. A solid waste	61608
management district that levies fees under this division on the	61609
basis of cubic yards shall do so in accordance with division (A)	61610
of this section.	61611

The fee levied under division (B)(1) of this section shall be	61612
not less than one dollar per ton nor more than two dollars per	61613
ton, the fee levied under division (B)(2) of this section shall be	61614
not less than two dollars per ton nor more than four dollars per	61615
ton, and the fee levied under division (B)(3) of this section	61616
shall be not more than the fee levied under division (B)(1) of	61617
this section.	61618

Prior to the approval of the solid waste management plan of a	61619
district under section 3734.55 of the Revised Code, the solid	61620
waste management policy committee of a district may levy fees	61621
under this division by adopting a resolution establishing the	61622
proposed amount of the fees. Upon adopting the resolution, the	61623
committee shall deliver a copy of the resolution to the board of	61624
county commissioners of each county forming the district and to	61625
the legislative authority of each municipal corporation and	61626
township under the jurisdiction of the district and shall prepare	61627
and publish the resolution and a notice of the time and location	61628
where a public hearing on the fees will be held. Upon adopting the	61629
resolution, the committee shall deliver written notice of the	61630
adoption of the resolution; of the amount of the proposed fees;	61631
and of the date, time, and location of the public hearing to the	61632
director and to the fifty industrial, commercial, or institutional	61633
generators of solid wastes within the district that generate the	61634
largest quantities of solid wastes, as determined by the	61635
committee, and to their local trade associations. The committee	61636
shall make good faith efforts to identify those generators within	61637
the district and their local trade associations, but the	61638
nonprovision of notice under this division to a particular	61639
generator or local trade association does not invalidate the	61640
proceedings under this division. The publication shall occur at	61641
least thirty days before the hearing. After the hearing, the	61642
committee may make such revisions to the proposed fees as it	61643
considers appropriate and thereafter, by resolution, shall adopt	61644
the revised fee schedule. Upon adopting the revised fee schedule,	61645
the committee shall deliver a copy of the resolution doing so to	61646
the board of county commissioners of each county forming the	61647
district and to the legislative authority of each municipal	61648
corporation and township under the jurisdiction of the district.	61649
Within sixty days after the delivery of a copy of the resolution	61650
adopting the proposed revised fees by the policy committee, each	61651
such board and legislative authority, by ordinance or resolution,	61652
shall approve or disapprove the revised fees and deliver a copy of	61653
the ordinance or resolution to the committee. If any such board or	61654
legislative authority fails to adopt and deliver to the policy	61655
committee an ordinance or resolution approving or disapproving the	61656
revised fees within sixty days after the policy committee	61657
delivered its resolution adopting the proposed revised fees, it	61658
shall be conclusively presumed that the board or legislative	61659
authority has approved the proposed revised fees. The committee	61660
shall determine if the resolution has been ratified in the same	61661
manner in which it determines if a draft solid waste management	61662
plan has been ratified under division (B) of section 3734.55 of	61663
the Revised Code.	61664

The committee may amend the schedule of fees levied pursuant	61665
to a resolution adopted and ratified under this division by	61666
adopting a resolution establishing the proposed amount of the	61667
amended fees. The committee may repeal the fees levied pursuant to	61668
such a resolution by adopting a resolution proposing to repeal	61669
them. Upon adopting such a resolution, the committee shall proceed	61670
to obtain ratification of the resolution in accordance with this	61671
division.	61672

Not later than fourteen days after declaring the new fees to	61673
be ratified or the fees to be repealed under this division, the	61674
committee shall notify by certified mail the owner or operator of	61675
each solid waste disposal facility that is required to collect the	61676
fees of the ratification and the amount of the fees or of the	61677
repeal of the fees. Collection of any fees shall commence or	61678
collection of repealed fees shall cease on the first day of the	61679
second month following the month in which notification is sent to	61680
the owner or operator.	61681

Fees levied under this division also may be established,	61682
amended, or repealed by a solid waste management policy committee	61683
through the adoption of a new district solid waste management	61684
plan, the adoption of an amended plan, or the amendment of the	61685
plan or amended plan in accordance with sections 3734.55 and	61686
3734.56 of the Revised Code or the adoption or amendment of a	61687
district plan in connection with a change in district composition	61688
under section 3734.521 of the Revised Code.	61689

Not later than fourteen days after the director issues an	61690
order approving a district's solid waste management plan, amended	61691
plan, or amendment to a plan or amended plan that establishes,	61692
amends, or repeals a schedule of fees levied by the district, the	61693
committee shall notify by certified mail the owner or operator of	61694
each solid waste disposal facility that is required to collect the	61695
fees of the approval of the plan or amended plan, or the amendment	61696
to the plan, as appropriate, and the amount of the fees, if any.	61697
In the case of an initial or amended plan approved under section	61698
3734.521 of the Revised Code in connection with a change in	61699
district composition, other than one involving the withdrawal of a	61700
county from a joint district, the committee, within fourteen days	61701
after the change takes effect pursuant to division (G) of that	61702
section, shall notify by certified mail the owner or operator of	61703
each solid waste disposal facility that is required to collect the	61704
fees that the change has taken effect and of the amount of the	61705
fees, if any. Collection of any fees shall commence or collection	61706
of repealed fees shall cease on the first day of the second month	61707
following the month in which notification is sent to the owner or	61708
operator.	61709

If, in the case of a change in district composition involving	61710
the withdrawal of a county from a joint district, the director	61711
completes the actions required under division (G)(1) or (3) of	61712
section 3734.521 of the Revised Code, as appropriate, forty-five	61713
days or more before the beginning of a calendar year, the policy	61714
committee of each of the districts resulting from the change that	61715
obtained the director's approval of an initial or amended plan in	61716
connection with the change, within fourteen days after the	61717
director's completion of the required actions, shall notify by	61718
certified mail the owner or operator of each solid waste disposal	61719
facility that is required to collect the district's fees that the	61720
change is to take effect on the first day of January immediately	61721
following the issuance of the notice and of the amount of the fees	61722
or amended fees levied under divisions (B)(1) to (3) of this	61723
section pursuant to the district's initial or amended plan as so	61724
approved or, if appropriate, the repeal of the district's fees by	61725
that initial or amended plan. Collection of any fees set forth in	61726
such a plan or amended plan shall commence on the first day of	61727
January immediately following the issuance of the notice. If such	61728
an initial or amended plan repeals a schedule of fees, collection	61729
of the fees shall cease on that first day of January.	61730

If, in the case of a change in district composition involving	61731
the withdrawal of a county from a joint district, the director	61732
completes the actions required under division (G)(1) or (3) of	61733
section 3734.521 of the Revised Code, as appropriate, less than	61734
forty-five days before the beginning of a calendar year, the	61735
director, on behalf of each of the districts resulting from the	61736
change that obtained the director's approval of an initial or	61737
amended plan in connection with the change proceedings, shall	61738
notify by certified mail the owner or operator of each solid waste	61739
disposal facility that is required to collect the district's fees	61740
that the change is to take effect on the first day of January	61741
immediately following the mailing of the notice and of the amount	61742
of the fees or amended fees levied under divisions (B)(1) to (3)	61743
of this section pursuant to the district's initial or amended plan	61744
as so approved or, if appropriate, the repeal of the district's	61745
fees by that initial or amended plan. Collection of any fees set	61746
forth in such a plan or amended plan shall commence on the first	61747
day of the second month following the month in which notification	61748
is sent to the owner or operator. If such an initial or amended	61749
plan repeals a schedule of fees, collection of the fees shall	61750
cease on the first day of the second month following the month in	61751
which notification is sent to the owner or operator.	61752

If the schedule of fees that a solid waste management	61753
district is levying under divisions (B)(1) to (3) of this section	61754
is amended or repealed, the fees in effect immediately prior to	61755
the amendment or repeal shall continue to be collected until	61756
collection of the amended fees commences or collection of the	61757
repealed fees ceases, as applicable, as specified in this	61758
division. In the case of a change in district composition, money	61759
so received from the collection of the fees of the former	61760
districts shall be divided among the resulting districts in	61761
accordance with division (B) of section 343.012 of the Revised	61762
Code and the agreements entered into under division (B) of section	61763
343.01 of the Revised Code to establish the former and resulting	61764
districts and any amendments to those agreements.	61765

For the purposes of the provisions of division (B) of this	61766
section establishing the times when newly established or amended	61767
fees levied by a district are required to commence and the	61768
collection of fees that have been amended or repealed is required	61769
to cease, "fees" or "schedule of fees" includes, in addition to	61770
fees levied under divisions (B)(1) to (3) of this section, those	61771
levied under section 3734.573 or 3734.574 of the Revised Code.	61772

(C) For the purposes of defraying the added costs to a	61773
municipal corporation or township of maintaining roads and other	61774
public facilities and of providing emergency and other public	61775
services, and compensating a municipal corporation or township for	61776
reductions in real property tax revenues due to reductions in real	61777
property valuations resulting from the location and operation of a	61778
solid waste disposal facility within the municipal corporation or	61779
township, a municipal corporation or township in which such a	61780
solid waste disposal facility is located may levy a fee of not	61781
more than twenty-five cents per ton on the disposal of solid	61782
wastes at a solid waste disposal facility located within the	61783
boundaries of the municipal corporation or township regardless of	61784
where the wastes were generated.	61785

The legislative authority of a municipal corporation or	61786
township may levy fees under this division by enacting an	61787
ordinance or adopting a resolution establishing the amount of the	61788
fees. Upon so doing the legislative authority shall mail a	61789
certified copy of the ordinance or resolution to the board of	61790
county commissioners or directors of the county or joint solid	61791
waste management district in which the municipal corporation or	61792
township is located or, if a regional solid waste management	61793
authority has been formed under section 343.011 of the Revised	61794
Code, to the board of trustees of that regional authority, the	61795
owner or operator of each solid waste disposal facility in the	61796
municipal corporation or township that is required to collect the	61797
fee by the ordinance or resolution, and the director of	61798
environmental protection. Although the fees levied under this	61799
division are levied on the basis of tons as the unit of	61800
measurement, the legislative authority, in its ordinance or	61801
resolution levying the fees under this division, may direct that	61802
the fees be levied on the basis of cubic yards as the unit of	61803
measurement based upon a conversion factor of three cubic yards	61804
per ton generally or one cubic yard per ton for baled wastes.	61805

Not later than five days after enacting an ordinance or	61806
adopting a resolution under this division, the legislative	61807
authority shall so notify by certified mail the owner or operator	61808
of each solid waste disposal facility that is required to collect	61809
the fee. Collection of any fee levied on or after March 24, 1992,	61810
shall commence on the first day of the second month following the	61811
month in which notification is sent to the owner or operator.	61812

(D)(1) The fees levied under divisions (A), (B), and (C) of	61813
this section do not apply to the disposal of solid wastes that:	61814

(a) Are disposed of at a facility owned by the generator of	61815
the wastes when the solid waste facility exclusively disposes of	61816
solid wastes generated at one or more premises owned by the	61817
generator regardless of whether the facility is located on a	61818
premises where the wastes are generated;	61819

(b) Are disposed of at facilities that exclusively dispose of	61820
wastes that are generated from the combustion of coal, or from the	61821
combustion of primarily coal in combination with scrap tires, that	61822
is not combined in any way with garbage at one or more premises	61823
owned by the generator.	61824

(2) Except as provided in section 3734.571 of the Revised	61825
Code, any fees levied under division (B)(1) of this section apply	61826
to solid wastes originating outside the boundaries of a county or	61827
joint district that are covered by an agreement for the joint use	61828
of solid waste facilities entered into under section 343.02 of the	61829
Revised Code by the board of county commissioners or board of	61830
directors of the county or joint district where the wastes are	61831
generated and disposed of.	61832

(3) When solid wastes, other than solid wastes that consist	61833
of scrap tires, are burned in a disposal facility that is an	61834
incinerator or energy recovery facility, the fees levied under	61835
divisions (A), (B), and (C) of this section shall be levied upon	61836
the disposal of the fly ash and bottom ash remaining after burning	61837
of the solid wastes and shall be collected by the owner or	61838
operator of the sanitary landfill where the ash is disposed of.	61839

(4) When solid wastes are delivered to a solid waste transfer	61840
facility, the fees levied under divisions (B) and (C) of this	61841
section shall be levied upon the disposal of solid wastes	61842
transported off the premises of the transfer facility for disposal	61843
and shall be collected by the owner or operator of the solid waste	61844
disposal facility where the wastes are disposed of.	61845

(5) The fees levied under divisions (A), (B), and (C) of this	61846
section do not apply to sewage sludge that is generated by a waste	61847
water treatment facility holding a national pollutant discharge	61848
elimination system permit and that is disposed of through	61849
incineration, land application, or composting or at another	61850
resource recovery or disposal facility that is not a landfill.	61851

(6) The fees levied under divisions (A), (B), and (C) of this	61852
section do not apply to solid wastes delivered to a solid waste	61853
composting facility for processing. When any unprocessed solid	61854
waste or compost product is transported off the premises of a	61855
composting facility and disposed of at a landfill, the fees levied	61856
under divisions (A), (B), and (C) of this section shall be	61857
collected by the owner or operator of the landfill where the	61858
unprocessed waste or compost product is disposed of.	61859

(7) When solid wastes that consist of scrap tires are	61860
processed at a scrap tire recovery facility, the fees levied under	61861
divisions (A), (B), and (C) of this section shall be levied upon	61862
the disposal of the fly ash and bottom ash or other solid wastes	61863
remaining after the processing of the scrap tires and shall be	61864
collected by the owner or operator of the solid waste disposal	61865
facility where the ash or other solid wastes are disposed of.	61866

(8) The director of environmental protection may issue an	61867
order exempting from the fees levied under this section solid	61868
wastes, including, but not limited to, scrap tires, that are	61869
generated, transferred, or disposed of as a result of a contract	61870
providing for the expenditure of public funds entered into by the	61871
administrator or regional administrator of the United States	61872
environmental protection agency, the director of environmental	61873
protection, or the director of administrative services on behalf	61874
of the director of environmental protection for the purpose of	61875
remediating conditions at a hazardous waste facility, solid waste	61876
facility, or other location at which the administrator or regional	61877
administrator or the director of environmental protection has	61878
reason to believe that there is a substantial threat to public	61879
health or safety or the environment or that the conditions are	61880
causing or contributing to air or water pollution or soil	61881
contamination. An order issued by the director of environmental	61882
protection under division (D)(8) of this section shall include a	61883
determination that the amount of the fees not received by a solid	61884
waste management district as a result of the order will not	61885
adversely impact the implementation and financing of the	61886
district's approved solid waste management plan and any approved	61887
amendments to the plan. Such an order is a final action of the	61888
director of environmental protection.	61889

(E) The fees levied under divisions (B) and (C) of this	61890
section shall be collected by the owner or operator of the solid	61891
waste disposal facility where the wastes are disposed of as a	61892
trustee for the county or joint district and municipal corporation	61893
or township where the wastes are disposed of. Moneys from the fees	61894
levied under division (B) of this section shall be forwarded to	61895
the board of county commissioners or board of directors of the	61896
district in accordance with rules adopted under division (H) of	61897
this section. Moneys from the fees levied under division (C) of	61898
this section shall be forwarded to the treasurer or such other	61899
officer of the municipal corporation as, by virtue of the charter,	61900
has the duties of the treasurer or to the fiscal officer of the	61901
township, as appropriate, in accordance with those rules.	61902

(F) Moneys received by the treasurer or other officer of the	61903
municipal corporation under division (E) of this section shall be	61904
paid into the general fund of the municipal corporation. Moneys	61905
received by the fiscal officer of the township under that division	61906
shall be paid into the general fund of the township. The treasurer	61907
or other officer of the municipal corporation or the township	61908
fiscal officer, as appropriate, shall maintain separate records of	61909
the moneys received from the fees levied under division (C) of	61910
this section.	61911

(G) Moneys received by the board of county commissioners or	61912
board of directors under division (E) of this section or section	61913
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	61914
shall be paid to the county treasurer, or other official acting in	61915
a similar capacity under a county charter, in a county district or	61916
to the county treasurer or other official designated by the board	61917
of directors in a joint district and kept in a separate and	61918
distinct fund to the credit of the district. If a regional solid	61919
waste management authority has been formed under section 343.011	61920
of the Revised Code, moneys received by the board of trustees of	61921
that regional authority under division (E) of this section shall	61922
be kept by the board in a separate and distinct fund to the credit	61923
of the district. Moneys in the special fund of the county or joint	61924
district arising from the fees levied under division (B) of this	61925
section and the fee levied under division (A) of section 3734.573	61926
of the Revised Code shall be expended by the board of county	61927
commissioners or directors of the district in accordance with the	61928
district's solid waste management plan or amended plan approved	61929
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	61930
exclusively for the following purposes:	61931

(1) Preparation of the solid waste management plan of the	61932
district under section 3734.54 of the Revised Code, monitoring	61933
implementation of the plan, and conducting the periodic review and	61934
amendment of the plan required by section 3734.56 of the Revised	61935
Code by the solid waste management policy committee;	61936

(2) Implementation of the approved solid waste management	61937
plan or amended plan of the district, including, without	61938
limitation, the development and implementation of solid waste	61939
recycling or reduction programs;	61940

(3) Providing financial assistance to boards of health within	61941
the district, if solid waste facilities are located within the	61942
district, for enforcement of this chapter and rules, orders, and	61943
terms and conditions of permits, licenses, and variances adopted	61944
or issued under it, other than the hazardous waste provisions of	61945
this chapter and rules adopted and orders and terms and conditions	61946
of permits issued under those provisions;	61947

(4) Providing financial assistance to each county within the	61948
district to defray the added costs of maintaining roads and other	61949
public facilities and of providing emergency and other public	61950
services resulting from the location and operation of a solid	61951
waste facility within the county under the district's approved	61952
solid waste management plan or amended plan;	61953

(5) Pursuant to contracts entered into with boards of health	61954
within the district, if solid waste facilities contained in the	61955
district's approved plan or amended plan are located within the	61956
district, for paying the costs incurred by those boards of health	61957
for collecting and analyzing samples from public or private water	61958
wells on lands adjacent to those facilities;	61959

(6) Developing and implementing a program for the inspection	61960
of solid wastes generated outside the boundaries of this state	61961
that are disposed of at solid waste facilities included in the	61962
district's approved solid waste management plan or amended plan;	61963

(7) Providing financial assistance to boards of health within	61964
the district for the enforcement of section 3734.03 of the Revised	61965
Code or to local law enforcement agencies having jurisdiction	61966
within the district for enforcing anti-littering laws and	61967
ordinances;	61968

(8) Providing financial assistance to boards of health of	61969
health districts within the district that are on the approved list	61970
under section 3734.08 of the Revised Code to defray the costs to	61971
the health districts for the participation of their employees	61972
responsible for enforcement of the solid waste provisions of this	61973
chapter and rules adopted and orders and terms and conditions of	61974
permits, licenses, and variances issued under those provisions in	61975
the training and certification program as required by rules	61976
adopted under division (L) of section 3734.02 of the Revised Code;	61977

(9) Providing financial assistance to individual municipal	61978
corporations and townships within the district to defray their	61979
added costs of maintaining roads and other public facilities and	61980
of providing emergency and other public services resulting from	61981
the location and operation within their boundaries of a	61982
composting, energy or resource recovery, incineration, or	61983
recycling facility that either is owned by the district or is	61984
furnishing solid waste management facility or recycling services	61985
to the district pursuant to a contract or agreement with the board	61986
of county commissioners or directors of the district;	61987

(10) Payment of any expenses that are agreed to, awarded, or	61988
ordered to be paid under section 3734.35 of the Revised Code and	61989
of any administrative costs incurred pursuant to that section. In	61990
the case of a joint solid waste management district, if the board	61991
of county commissioners of one of the counties in the district is	61992
negotiating on behalf of affected communities, as defined in that	61993
section, in that county, the board shall obtain the approval of	61994
the board of directors of the district in order to expend moneys	61995
for administrative costs incurred.	61996

Prior to the approval of the district's solid waste	61997
management plan under section 3734.55 of the Revised Code, moneys	61998
in the special fund of the district arising from the fees shall be	61999
expended for those purposes in the manner prescribed by the solid	62000
waste management policy committee by resolution.	62001

Notwithstanding division (G)(6) of this section as it existed	62002
prior to October 29, 1993, or any provision in a district's solid	62003
waste management plan prepared in accordance with division	62004
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	62005
prior to that date, any moneys arising from the fees levied under	62006
division (B)(3) of this section prior to January 1, 1994, may be	62007
expended for any of the purposes authorized in divisions (G)(1) to	62008
(10) of this section.	62009

(H) The director shall adopt rules in accordance with Chapter	62010
119. of the Revised Code prescribing procedures for collecting and	62011
forwarding the fees levied under divisions (B) and (C) of this	62012
section to the boards of county commissioners or directors of	62013
county or joint solid waste management districts and to the	62014
treasurers or other officers of municipal corporations and the	62015
fiscal officers of townships. The rules also shall prescribe the	62016
dates for forwarding the fees to the boards and officials and may	62017
prescribe any other requirements the director considers necessary	62018
or appropriate to implement and administer divisions (A), (B), and	62019
(C) of this section.	62020

Sec. 3734.573. (A) For the purposes specified in division	62021
(G) of section 3734.57 of the Revised Code, the solid waste	62022
management policy committee of a county or joint solid waste	62023
management district may levy a fee on the generation of solid	62024
wastes within the district.	62025

The initial or amended solid waste management plan of the	62026
county or joint district approved under section 3734.521, 3734.55,	62027
or 3734.56 of the Revised Code, an amendment to the district's	62028
plan adopted under division (E) of section 3734.56 of the Revised	62029
Code, or the resolution adopted and ratified under division (B) of	62030
this section shall establish the rate of the fee levied under this	62031
division and shall specify whether the fee is levied on the basis	62032
of tons or cubic yards as the unit of measurement.	62033

(B) Prior to the approval under division (A) of section	62034
3734.56 of the Revised Code of the first amended plan that the	62035
district is required to submit for approval under that section,	62036
the approval of an initial plan under section 3734.521 of the	62037
Revised Code, the approval of an amended plan under section	62038
3734.521 or division (D) of section 3734.56 of the Revised Code,	62039
or the amendment of the district's plan under division (E) of	62040
section 3734.56 of the Revised Code, the solid waste management	62041
policy committee of a county or joint district that is operating	62042
under an initial plan approved under section 3734.55 of the	62043
Revised Code, or one for which approval of its initial plan is	62044
pending before the director of environmental protection on	62045
October 29, 1993, under section 3734.55 of the Revised Code, may	62046
levy a fee under division (A) of this section by adopting and	62047
obtaining ratification of a resolution establishing the amount of	62048
the fee. A policy committee that, after December 1, 1993,	62049
concurrently proposes to levy a fee under division (A) of this	62050
section and to amend the fees levied by the district under	62051
divisions (B)(1) to (3) of section 3734.57 of the Revised Code may	62052
adopt and obtain ratification of one resolution proposing to do	62053
both. The requirements and procedures set forth in division (B) of	62054
section 3734.57 of the Revised Code governing the adoption,	62055
amendment, and repeal of resolutions levying fees under divisions	62056
(B)(1) to (3) of that section, the ratification of those	62057
resolutions, and the notification of owners and operators of solid	62058
waste facilities required to collect fees levied under those	62059
divisions govern the adoption of the resolutions authorized to be	62060
adopted under this division, the ratification thereof, and the	62061
notification of owners and operators required to collect the fees,	62062
except as otherwise specifically provided in division (C) of this	62063
section.	62064

(C) Any initial or amended plan of a district adopted under	62065
section 3734.521 or 3734.56 of the Revised Code, or resolution	62066
adopted under division (B) of this section, that proposes to levy	62067
a fee under division (A) of this section that exceeds five dollars	62068
per ton shall be ratified in accordance with the provisions of	62069
section 3734.55 or division (B) of section 3734.57 of the Revised	62070
Code, as applicable, except that such an initial or amended plan	62071
or resolution shall be approved by a combination of municipal	62072
corporations and townships with a combined population within the	62073
boundaries of the district comprising at least seventy-five per	62074
cent, rather than at least sixty per cent, of the total population	62075
of the district.	62076

(D) The policy committee of a county or joint district may	62077
amend the fee levied by the district under division (A) of this	62078
section by adopting and obtaining ratification of a resolution	62079
establishing the amount of the amended fee. The policy committee	62080
may abolish the fee or an amended fee established under this	62081
division by adopting and obtaining ratification of a resolution	62082
proposing to repeal it. The requirements and procedures under	62083
division (B) and, if applicable, division (C) of this section	62084
govern the adoption and ratification of a resolution authorized to	62085
be adopted under this division and the notification of owners and	62086
operators of solid waste facilities required to collect the fees.	62087

(E) Collection of a fee or amended fee levied under division	62088
(A) or (D) of this section shall commence or cease in accordance	62089
with division (B) of section 3734.57 of the Revised Code. If a	62090
district is levying a fee under section 3734.572 of the Revised	62091
Code, collection of that fee shall cease on the date on which	62092
collection of the fee levied under division (A) of this section	62093
commences in accordance with division (B) of section 3734.57 of	62094
the Revised Code.	62095

(F) In the case of solid wastes that are taken to a solid	62096
waste transfer facility prior to being transported to a solid	62097
waste disposal facility for disposal, the fee levied under	62098
division (A) of this section shall be collected by the owner or	62099
operator of the transfer facility as a trustee for the district.	62100
In the case of solid wastes that are not taken to a solid waste	62101
transfer facility prior to being transported to a solid waste	62102
disposal facility, the fee shall be collected by the owner or	62103
operator of the solid waste disposal facility where the wastes are	62104
disposed of. An owner or operator of a solid waste transfer or	62105
disposal facility who is required to collect the fee shall collect	62106
and forward the fee to the district in accordance with section	62107
3734.57 of the Revised Code and rules adopted under division (H)	62108
of that section.	62109

If the owner or operator of a solid waste transfer or	62110
disposal facility who did not receive notice pursuant to division	62111
(B) of this section to collect the fee levied by a district under	62112
division (A) of this section receives solid wastes generated in	62113
the district, the owner or operator, within thirty days after	62114
receiving the wastes, shall send written notice of that fact to	62115
the board of county commissioners or directors of the district.	62116
Within thirty days after receiving such a notice, the board of	62117
county commissioners or directors shall send written notice to the	62118
owner or operator indicating whether the district is levying a fee	62119
under division (A) of this section and, if so, the amount of the	62120
fee.	62121

(G) Moneys received by a district levying a fee under	62122
division (A) of this section shall be credited to the special fund	62123
of the district created in division (G) of section 3734.57 of the	62124
Revised Code and shall be used exclusively for the purposes	62125
specified in that division. Prior to the approval under division	62126
(A) of section 3734.56 of the Revised Code of the first amended	62127
plan that the district is required to submit for approval under	62128
that section, the approval of an initial plan under section	62129
3734.521 of the Revised Code, the approval of an amended plan	62130
under that section or division (D) of section 3734.56 of the	62131
Revised Code, or the amendment of the district's plan under	62132
division (E) of section 3734.56 of the Revised Code, moneys	62133
credited to the special fund arising from the fee levied pursuant	62134
to a resolution adopted and ratified under division (B) of this	62135
section shall be expended for those purposes in the manner	62136
prescribed by the solid waste management policy committee by	62137
resolution.	62138

(H) The fee levied under division (A) of this section does	62139
not apply to the management of solid wastes that:	62140

(1) Are disposed of at a facility owned by the generator of	62141
the wastes when the solid waste facility exclusively disposes of	62142
solid wastes generated at one or more premises owned by the	62143
generator regardless of whether the facility is located on a	62144
premises where the wastes were generated;	62145

(2) Are disposed of at facilities that exclusively dispose of	62146
wastes that are generated from the combustion of coal, or from the	62147
combustion of primarily coal in combination with scrap tires, that	62148
is not combined in any way with garbage at one or more premises	62149
owned by the generator.	62150

(I) When solid wastes that are burned in a disposal facility	62151
that is an incinerator or energy recovery facility are delivered	62152
to a solid waste transfer facility prior to being transported to	62153
the incinerator or energy recovery facility where they are burned,	62154
the fee levied under division (A) of this section shall be levied	62155
on the wastes delivered to the transfer facility.	62156

(J) When solid wastes that are burned in a disposal facility	62157
that is an incinerator or energy recovery facility are not	62158
delivered to a solid waste transfer facility prior to being	62159
transported to the incinerator or energy recovery facility where	62160
they are burned, the fee levied under division (A) of this section	62161
shall be levied on the wastes delivered to the incinerator or	62162
energy recovery facility.	62163

(K) The fee levied under division (A) of this section does	62164
not apply to sewage sludge that is generated by a waste water	62165
treatment facility holding a national pollutant discharge	62166
elimination system permit and that is disposed of through	62167
incineration, land application, or composting or at another	62168
resource recovery or disposal facility that is not a landfill.	62169

(L) The fee levied under division (A) of this section does	62170
not apply to ~~yard waste~~solid waste delivered to a solid waste	62171
composting facility for processing ~~or to a solid waste transfer~~	62172
~~facility~~. If any unprocessed solid waste or compost product is	62173
transported off the premises of a composting facility for disposal	62174
at a landfill, the fee levied under division (A) of this section	62175
applies and shall be collected by the owner or operator of the	62176
landfill.	62177

(M) The fee levied under division (A) of this section does	62178
not apply to materials separated from a mixed waste stream for	62179
recycling by the generator or materials removed from the solid	62180
waste stream as a result of recycling, as "recycling" is defined	62181
in rules adopted under section 3734.02 of the Revised Code.	62182

(N) The director of environmental protection may issue an	62183
order exempting from the fees levied under this section solid	62184
wastes, including, but not limited to, scrap tires, that are	62185
generated, transferred, or disposed of as a result of a contract	62186
providing for the expenditure of public funds entered into by the	62187
administrator or regional administrator of the United States	62188
environmental protection agency, the director of environmental	62189
protection, or the director of administrative services on behalf	62190
of the director of environmental protection for the purpose of	62191
remediating conditions at a hazardous waste facility, solid waste	62192
facility, or other location at which the administrator or regional	62193
administrator or the director of environmental protection has	62194
reason to believe that there is a substantial threat to public	62195
health or safety or the environment or that the conditions are	62196
causing or contributing to air or water pollution or soil	62197
contamination. An order issued by the director of environmental	62198
protection under this division shall include a determination that	62199
the amount of fees not received by a solid waste management	62200
district as a result of the order will not adversely impact the	62201
implementation and financing of the district's approved solid	62202
waste ~~managment~~management plan and any approved amendments to the	62203
plan. Such an order is a final action of the director of	62204
environmental protection.	62205

Sec. 3734.82. (A) The annual fee for a scrap tire recovery	62206
facility license issued under section 3734.81 of the Revised Code	62207
shall be in accordance with the following schedule:	62208

Daily Design	Annual	62209
Input Capacity	License	62210
(Tons)	Fee	62211

1 or less	$ 100	62212
2 to 25	500	62213
26 to 50	1,000	62214
51 to 100	1,500	62215
101 to 200	2,500	62216
201 to 500	3,500	62217
501 or more	5,500	62218

For the purpose of determining the applicable license fee	62219
under this division, the daily design input capacity shall be the	62220
quantity of scrap tires the facility is designed to process daily	62221
as set forth in the registration certificate or permit for the	62222
facility, and any modifications to the permit, if applicable,	62223
issued under section 3734.78 of the Revised Code.	62224

(B) The annual fee for a scrap tire monocell or monofill	62225
facility license shall be in accordance with the following	62226
schedule:	62227

Authorized Maximum	Annual	62228
Daily Waste Receipt	License	62229
(Tons)	Fee	62230
100 or less	$ 5,000	62231
101 to 200	12,500	62232
201 to 500	30,000	62233
501 or more	60,000	62234

For the purpose of determining the applicable license fee	62235
under this division, the authorized maximum daily waste receipt	62236
shall be the maximum amount of scrap tires the facility is	62237
authorized to receive daily that is established in the permit for	62238
the facility, and any modification to that permit, issued under	62239
section 3734.77 of the Revised Code.	62240

(C)(1) Except as otherwise provided in division (C)(2) of	62241
this section, the annual fee for a scrap tire storage facility	62242
license shall equal one thousand dollars times the number of acres	62243
on which scrap tires are to be stored at the facility during the	62244
license year, as set forth on the application for the annual	62245
license, except that the total annual license fee for any such	62246
facility shall not exceed three thousand dollars.	62247

(2) The annual fee for a scrap tire storage facility license	62248
for a storage facility that is owned or operated by a motor	62249
vehicle salvage dealer licensed under Chapter 4738. of the Revised	62250
Code is one hundred dollars.	62251

(D)(1) Except as otherwise provided in division (D)(2) of	62252
this section, the annual fee for a scrap tire collection facility	62253
license is two hundred dollars.	62254

(2) The annual fee for a scrap tire collection facility	62255
license for a collection facility that is owned or operated by a	62256
motor vehicle salvage dealer licensed under Chapter 4738. of the	62257
Revised Code is fifty dollars.	62258

(E) Except as otherwise provided in divisions (C)(2) and	62259
(D)(2) of this section, the same fees apply to private operators	62260
and to the state and its political subdivisions and shall be paid	62261
within thirty days after the issuance of a license. The fees	62262
include the cost of licensing, all inspections, and other costs	62263
associated with the administration of the scrap tire provisions of	62264
this chapter and rules adopted under them. Each license shall	62265
specify that it is conditioned upon payment of the applicable fee	62266
to the board of health or the director of environmental	62267
protection, as appropriate, within thirty days after the issuance	62268
of the license.	62269

(F) The board of health shall retain fifteen thousand dollars	62270
of each license fee collected by the board under division (B) of	62271
this section, or the entire amount of any such fee that is less	62272
than fifteen thousand dollars, and the entire amount of each	62273
license fee collected by the board under divisions (A), (C), and	62274
(D) of this section. The moneys retained shall be paid into a	62275
special fund, which is hereby created in each health district, and	62276
used solely to administer and enforce the scrap tire provisions of	62277
this chapter and rules adopted under them. The remainder, if any,	62278
of each license fee collected by the board under division (B) of	62279
this section shall be transmitted to the director within	62280
forty-five days after receipt of the fee.	62281

(G) The director shall transmit the moneys received by the	62282
director from license fees collected under division (B) of this	62283
section to the treasurer of state to be credited to the scrap tire	62284
management fund, which is hereby created in the state treasury.	62285
The fund shall consist of all federal moneys received by the	62286
environmental protection agency for the scrap tire management	62287
program; all grants, gifts, and contributions made to the director	62288
for that program; and all other moneys that may be provided by law	62289
for that program. The director shall use moneys in the fund as	62290
follows:	62291

(1) Expend ~~not more than seven hundred fifty thousand dollars~~	62292
~~during each fiscal year~~amounts determined necessary by the	62293
director to implement, administer, and enforce the scrap tire	62294
provisions of this chapter and rules adopted under them;	62295

(2) During each fiscal year, request the director of budget	62296
and management to, and the director of budget and management	62297
shall, transfer one million dollars to the scrap tire grant fund	62298
created in section 1502.12 of the Revised Code for ~~the purposes~~	62299
~~specified in that section;~~supporting market development	62300
activities for scrap tires and synthetic rubber from tire	62301
manufacturing processes and tire recycling processes. In addition,	62302
during a fiscal year, the director of environmental protection may	62303
request the director of budget and management to, and the director	62304
of budget and management shall, transfer up to an additional five	62305
hundred thousand dollars to the scrap tire grant fund for scrap	62306
tire amnesty events and scrap tire cleanup events.	62307

(3) ~~Expend not more than three million dollars per year~~	62308
~~during fiscal years 2002 and 2003 to conduct removal actions under~~	62309
~~section 3734.85 of the Revised Code and to make grants to boards~~	62310
~~of health under section 3734.042 of the Revised Code. However,~~	62311
~~more than three million dollars may be expended in fiscal years~~	62312
~~2002 and 2003 for the purposes of division (G)(3) of this section~~	62313
~~if more moneys are collected from the fee levied under division~~	62314
~~(A)(2) of section 3734.901 of the Revised Code. During each~~	62315
~~subsequent fiscal year the director shall expend not more than~~	62316
~~four million five hundred thousand dollars to conduct removal~~	62317
~~actions under section 3734.85 of the Revised Code and to make~~	62318
~~grants to boards of health under section 3734.042 of the Revised~~	62319
~~Code. However, more than four million five hundred thousand~~	62320
~~dollars may be expended in a fiscal year for the purposes of~~	62321
~~division (G)(3) of this section if more moneys are collected from~~	62322
~~the fee levied under division (A)(2) of section 3734.901 of the~~	62323
~~Revised Code. The director shall request the approval of the~~	62324
~~controlling board prior to the use of the moneys to conduct~~	62325
~~removal actions under section 3734.85 of the Revised Code. The~~	62326
~~request shall be accompanied by a plan describing the removal~~	62327
~~actions to be conducted during the fiscal year and an estimate of~~	62328
~~the costs of conducting them. The controlling board shall approve~~	62329
~~the plan only if it finds that the proposed removal actions are in~~	62330
~~accordance with the priorities set forth in division (B) of~~	62331
~~section 3734.85 of the Revised Code and that the costs of~~	62332
~~conducting them are reasonable. Controlling board approval is not~~	62333
~~required for grants made to boards of health under section~~	62334
~~3734.042 of the Revised Code.~~	62335

~~(H) If, during a fiscal year, more than seven million dollars~~	62336
~~are credited to the scrap tire management fund, the director, at~~	62337
~~the conclusion of the fiscal year, shall request the director of~~	62338
~~budget and management to, and the director of budget and~~	62339
~~management shall, transfer one-half of those excess moneys to the~~	62340
~~scrap tire grant fund. The director shall expend the remaining~~	62341
~~excess moneys in the scrap tire management fund to conduct removal~~	62342
~~actions under section 3734.85 of the Revised Code in accordance~~	62343
~~with the procedures established under division (I) of this~~	62344
~~section.~~	62345

~~(I) After the actions in divisions (G)(1) to (3) and (H) of~~	62346
~~this section are completed during each prior fiscal year, the~~	62347
~~director may expend up to the balance remaining from prior fiscal~~	62348
~~years in the scrap tire management fund to conduct removal actions~~	62349
~~under section 3734.85 of the Revised Code. Prior to using any~~	62350
~~moneys in the fund for that purpose in a fiscal year, the director~~	62351
~~shall request the approval of the controlling board for that use~~	62352
~~of the moneys. The request shall be accompanied by a plan~~	62353
~~describing the removal actions to be conducted during the fiscal~~	62354
~~year and an estimate of the costs of conducting them. The~~	62355
~~controlling board shall approve the plan only if the board finds~~	62356
~~that the proposed removal actions are in accordance with the~~	62357
~~priorities set forth in division (B) of section 3734.85 of the~~	62358
~~Revised Code and that the costs of conducting them are reasonable~~	62359
After the expenditures and transfers are made under divisions	62360
(G)(1) and (2) of this section, expend the balance of the money	62361
in the scrap tire management fund remaining in each fiscal year	62362
to conduct removal actions under section 3734.85 of the Revised	62363
Code and to provide grants to boards of health under section	62364
3734.042 of the Revised Code.	62365

Sec. 3734.901. (A)(1) For the purpose of providing revenue	62366
to defray the cost of administering and enforcing the scrap tire	62367
provisions of this chapter, rules adopted under those provisions,	62368
and terms and conditions of orders, variances, and licenses issued	62369
under those provisions; to abate accumulations of scrap tires; to	62370
make grants ~~to promote research regarding alternative methods of~~	62371
~~recycling scrap tires and~~supporting market development activities	62372
for scrap tires and synthetic rubber from tire manufacturing	62373
processes and tire recycling processes and to support scrap tire	62374
amnesty and cleanup events; to make loans to promote the recycling	62375
or recovery of energy from scrap tires; and to defray the costs of	62376
administering and enforcing sections 3734.90 to 3734.9014 of the	62377
Revised Code, a fee of fifty cents per tire is hereby levied on	62378
the sale of tires. The proceeds of the fee shall be deposited in	62379
the state treasury to the credit of the scrap tire management fund	62380
created in section 3734.82 of the Revised Code. The fee is levied	62381
from the first day of the calendar month that begins next after	62382
thirty days from October 29, 1993, through June 30, 2011.	62383

(2) Beginning on September 5, 2001, and ending on June 30,	62384
2011, there is hereby levied an additional fee of fifty cents per	62385
tire on the sale of tires the proceeds of which shall be deposited	62386
in the state treasury to the credit of the scrap tire management	62387
fund ~~created in section 3734.82 of the Revised Code~~ and be used	62388
exclusively for the purposes specified in division (G)(3) of that	62389
section.	62390

(B) Only one sale of the same article shall be used in	62391
computing the amount of the fee due.	62392

Sec. 3734.9010. Two per cent of all amounts paid to the	62393
treasurer of state pursuant to sections 3734.90 to 3734.9014 of	62394
the Revised Code shall be certified directly to the credit of the	62395
tire fee administrative fund, which is hereby created in the state	62396
treasury, for appropriation to the department of taxation for use	62397
in administering those sections. The remainder of the amounts paid	62398
to the treasurer of state shall be deposited ~~to the credit of the~~	62399
~~scrap tire management fund created~~and credited in accordance	62400
with section ~~3734.82~~3734.901 of the Revised Code.	62401

Sec. 3737.71. Each insurance company doing business in this	62402
state shall pay to the state in installments, at the time of	62403
making the payments required by section 5729.05 of the Revised	62404
Code, in addition to the taxes required to be paid by it,	62405
three-fourths of one per cent on the gross premium receipts	62406
derived from fire insurance and that portion of the premium	62407
reasonably allocable to insurance against the hazard of fire	62408
included in other coverages except life and sickness and accident	62409
insurance, after deducting return premiums paid and considerations	62410
received for reinsurances as shown by the annual statement of such	62411
company made pursuant to sections 3929.30, 3931.06, and 5729.02 of	62412
the Revised Code. The money received shall be paid into the state	62413
treasury to the credit of the state fire marshal's fund, which is	62414
hereby created. The fund shall be used for the maintenance and	62415
administration of the office of the fire marshal and the Ohio fire	62416
academy established by section 3737.33 of the Revised Code. If the	62417
director of commerce certifies to the director of budget and	62418
management that the cash balance in the state fire marshal's fund	62419
is in excess of the amount needed to pay ongoing operating	62420
expenses, the director of commerce, with the approval of the	62421
director of budget and management, may use the excess amount to	62422
acquire by purchase, lease, or otherwise, real property or	62423
interests in real property to be used for the benefit of the	62424
office of the state fire marshal, or to construct, acquire,	62425
enlarge, equip, furnish, or improve the fire marshal's office	62426
facilities or the facilities of the Ohio fire academy. The state	62427
fire marshal's fund shall be assessed a proportionate share of	62428
the administrative costs of the department of commerce in	62429
accordance with procedures prescribed by the director of commerce	62430
and approved by the director of budget and management. Such	62431
assessment shall be paid from the state fire marshal's fund to	62432
the division of administration fund.	62433

Notwithstanding any other provision in this section, if the	62434
director of budget and management determines at any time that the	62435
money in the state fire marshal's fund exceeds the amount	62436
necessary to defray ongoing operating expenses in a fiscal year,	62437
the director may transfer the excess to the general revenue fund	62438
.	62439

Sec. 3743.04. (A) The license of a manufacturer of fireworks	62440
is effective for one year beginning on the first day of December.	62441
The state fire marshal shall issue or renew a license only on that	62442
date and at no other time. If a manufacturer of fireworks wishes	62443
to continue manufacturing fireworks at the designated fireworks	62444
plant after its then effective license expires, it shall apply no	62445
later than the first day of October for a new license pursuant to	62446
section 3743.02 of the Revised Code. The state fire marshal shall	62447
send a written notice of the expiration of its license to a	62448
licensed manufacturer at least three months before the expiration	62449
date.	62450

(B) If, during the effective period of its licensure, a	62451
licensed manufacturer of fireworks wishes to construct, locate, or	62452
relocate any buildings or other structures on the premises of its	62453
fireworks plant, to make any structural change or renovation in	62454
any building or other structure on the premises of its fireworks	62455
plant, or to change the nature of its manufacturing of fireworks	62456
so as to include the processing of fireworks, the manufacturer	62457
shall notify the state fire marshal in writing. The state fire	62458
marshal may require a licensed manufacturer also to submit	62459
documentation, including, but not limited to, plans covering the	62460
proposed construction, location, relocation, structural change or	62461
renovation, or change in manufacturing of fireworks, if the state	62462
fire marshal determines the documentation is necessary for	62463
evaluation purposes in light of the proposed construction,	62464
location, relocation, structural change or renovation, or change	62465
in manufacturing of fireworks.	62466

Upon receipt of the notification and additional documentation	62467
required by the state fire marshal, the state fire marshal shall	62468
inspect the premises of the fireworks plant to determine if the	62469
proposed construction, location, relocation, structural change or	62470
renovation, or change in manufacturing of fireworks conforms to	62471
sections 3743.02 to 3743.08 of the Revised Code and the rules	62472
adopted by the state fire marshal pursuant to section 3743.05 of	62473
the Revised Code. The state fire marshal shall issue a written	62474
authorization to the manufacturer for the construction, location,	62475
relocation, structural change or renovation, or change in	62476
manufacturing of fireworks if the state fire marshal determines,	62477
upon the inspection and a review of submitted documentation, that	62478
the construction, location, relocation, structural change or	62479
renovation, or change in manufacturing of fireworks conforms to	62480
those sections and rules. Upon authorizing a change in	62481
manufacturing of fireworks to include the processing of	62482
fireworks, the state fire marshal shall make notations on the	62483
manufacturer's license and in the list of licensed manufacturers	62484
in accordance with section 3743.03 of the Revised Code.	62485

On or before June 1, 1998, a licensed manufacturer shall	62486
install, in every licensed building in which fireworks are	62487
manufactured, stored, or displayed and to which the public has	62488
access, interlinked fire detection, smoke exhaust, and smoke	62489
evacuation systems that are approved by the superintendent of ~~the~~	62490
~~division of industrial compliance~~labor, and shall comply with	62491
floor plans showing occupancy load limits and internal circulation	62492
and egress patterns that are approved by the state fire marshal	62493
and superintendent, and that are submitted under seal as required	62494
by section 3791.04 of the Revised Code. Notwithstanding section	62495
3743.59 of the Revised Code, the construction and safety	62496
requirements established in this division are not subject to any	62497
variance, waiver, or exclusion.	62498

(C) The license of a manufacturer of fireworks authorizes the	62499
manufacturer to engage only in the following activities:	62500

(1) The manufacturing of fireworks on the premises of the	62501
fireworks plant as described in the application for licensure or	62502
in the notification submitted under division (B) of this section,	62503
except that a licensed manufacturer shall not engage in the	62504
processing of fireworks unless authorized to do so by its license.	62505

(2) To possess for sale at wholesale and sell at wholesale	62506
the fireworks manufactured by the manufacturer, to persons who are	62507
licensed wholesalers of fireworks, to out-of-state residents in	62508
accordance with section 3743.44 of the Revised Code, to residents	62509
of this state in accordance with section 3743.45 of the Revised	62510
Code, or to persons located in another state provided the	62511
fireworks are shipped directly out of this state to them by the	62512
manufacturer. A person who is licensed as a manufacturer of	62513
fireworks on June 14, 1988, also may possess for sale and sell	62514
pursuant to division (C)(2) of this section fireworks other than	62515
those the person manufactures. The possession for sale shall be on	62516
the premises of the fireworks plant described in the application	62517
for licensure or in the notification submitted under division (B)	62518
of this section, and the sale shall be from the inside of a	62519
licensed building and from no other structure or device outside a	62520
licensed building. At no time shall a licensed manufacturer sell	62521
any class of fireworks outside a licensed building.	62522

(3) Possess for sale at retail and sell at retail the	62523
fireworks manufactured by the manufacturer, other than 1.4G	62524
fireworks as designated by the state fire marshal in rules adopted	62525
pursuant to division (A) of section 3743.05 of the Revised Code,	62526
to licensed exhibitors in accordance with sections 3743.50 to	62527
3743.55 of the Revised Code, and possess for sale at retail and	62528
sell at retail the fireworks manufactured by the manufacturer,	62529
including 1.4G fireworks, to out-of-state residents in accordance	62530
with section 3743.44 of the Revised Code, to residents of this	62531
state in accordance with section 3743.45 of the Revised Code, or	62532
to persons located in another state provided the fireworks are	62533
shipped directly out of this state to them by the manufacturer. A	62534
person who is licensed as a manufacturer of fireworks on June 14,	62535
1988, may also possess for sale and sell pursuant to division	62536
(C)(3) of this section fireworks other than those the person	62537
manufactures. The possession for sale shall be on the premises of	62538
the fireworks plant described in the application for licensure or	62539
in the notification submitted under division (B) of this section,	62540
and the sale shall be from the inside of a licensed building and	62541
from no other structure or device outside a licensed building. At	62542
no time shall a licensed manufacturer sell any class of fireworks	62543
outside a licensed building.	62544

A licensed manufacturer of fireworks shall sell under	62545
division (C) of this section only fireworks that meet the	62546
standards set by the consumer product safety commission or by the	62547
American fireworks standard laboratories or that have received an	62548
EX number from the United States department of transportation.	62549

(D) The license of a manufacturer of fireworks shall be	62550
protected under glass and posted in a conspicuous place on the	62551
premises of the fireworks plant. Except as otherwise provided in	62552
this division, the license is not transferable or assignable. A	62553
license may be transferred to another person for the same	62554
fireworks plant for which the license was issued if the assets of	62555
the plant are transferred to that person by inheritance or by a	62556
sale approved by the state fire marshal. The license is subject to	62557
revocation in accordance with section 3743.08 of the Revised Code.	62558

(E) The state fire marshal shall not place the license of a	62559
manufacturer of fireworks in a temporarily inactive status while	62560
the holder of the license is attempting to qualify to retain the	62561
license.	62562

(F) Each licensed manufacturer of fireworks that possesses	62563
fireworks for sale and sells fireworks under division (C) of	62564
section 3743.04 of the Revised Code, or a designee of the	62565
manufacturer, whose identity is provided to the state fire marshal	62566
by the manufacturer, annually shall attend a continuing education	62567
program. The state fire marshal shall develop the program and the	62568
state fire marshal or a person or public agency approved by the	62569
state fire marshal shall conduct it. A licensed manufacturer or	62570
the manufacturer's designee who attends a program as required	62571
under this division, within one year after attending the program,	62572
shall conduct in-service training as approved by the state fire	62573
marshal for other employees of the licensed manufacturer	62574
regarding the information obtained in the program. A licensed	62575
manufacturer shall provide the state fire marshal with notice of	62576
the date, time, and place of all in-service training. For any	62577
program conducted under this division, the state fire marshal	62578
shall, in accordance with rules adopted by the state fire	62579
marshal under Chapter 119. of the Revised Code, establish the	62580
subjects to be taught, the length of classes, the standards for	62581
approval, and time periods for notification by the licensee to	62582
the state fire marshal of any in-service training.	62583

(G) A licensed manufacturer shall maintain comprehensive	62584
general liability insurance coverage in the amount and type	62585
specified under division (B)(2) of section 3743.02 of the Revised	62586
Code at all times. Each policy of insurance required under this	62587
division shall contain a provision requiring the insurer to give	62588
not less than fifteen days' prior written notice to the state fire	62589
marshal before termination, lapse, or cancellation of the policy,	62590
or any change in the policy that reduces the coverage below the	62591
minimum required under this division. Prior to canceling or	62592
reducing the amount of coverage of any comprehensive general	62593
liability insurance coverage required under this division, a	62594
licensed manufacturer shall secure supplemental insurance in an	62595
amount and type that satisfies the requirements of this division	62596
so that no lapse in coverage occurs at any time. A licensed	62597
manufacturer who secures supplemental insurance shall file	62598
evidence of the supplemental insurance with the state fire marshal	62599
prior to canceling or reducing the amount of coverage of any	62600
comprehensive general liability insurance coverage required under	62601
this division.	62602

(H) The state fire marshal shall adopt rules for the	62603
expansion or contraction of a licensed premises and for approval	62604
of such expansions or contractions. The boundaries of a licensed	62605
premises, including any geographic expansion or contraction of	62606
those boundaries, shall be approved by the state fire marshal in	62607
accordance with rules the state fire marshal adopts. If the	62608
licensed premises consists of more than one parcel of real	62609
estate, those parcels shall be contiguous unless an exception is	62610
allowed pursuant to division (I) of this section.	62611

(I)(1) A licensed manufacturer may expand its licensed	62612
premises within this state to include not more than two storage	62613
locations that are located upon one or more real estate parcels	62614
that are noncontiguous to the licensed premises as that licensed	62615
premises exists on the date a licensee submits an application as	62616
described below, if all of the following apply:	62617

(a) The licensee submits an application to the state fire	62618
marshal and an application fee of one hundred dollars per storage	62619
location for which the licensee is requesting approval.	62620

(b) The identity of the holder of the license remains the	62621
same at the storage location.	62622

(c) The storage location has received a valid certificate of	62623
zoning compliance as applicable and a valid certificate of	62624
occupancy for each building or structure at the storage location	62625
issued by the authority having jurisdiction to issue the	62626
certificate for the storage location, and those certificates	62627
permit the distribution and storage of fireworks regulated under	62628
this chapter at the storage location and in the buildings or	62629
structures. The storage location shall be in compliance with all	62630
other applicable federal, state, and local laws and regulations.	62631

(d) Every building or structure located upon the storage	62632
location is separated from occupied residential and nonresidential	62633
buildings or structures, railroads, highways, or any other	62634
buildings or structures on the licensed premises in accordance	62635
with the distances specified in the rules adopted by the state	62636
fire marshal pursuant to section 3743.05 of the Revised Code.	62637

(e) Neither the licensee nor any person holding, owning, or	62638
controlling a five per cent or greater beneficial or equity	62639
interest in the licensee has been convicted of or pleaded guilty	62640
to a felony under the laws of this state, any other state, or the	62641
United States, after September 29, 2005.	62642

(f) The state fire marshal approves the application for	62643
expansion.	62644

(2) The state fire marshal shall approve an application for	62645
expansion requested under division (I)(1) of this section if the	62646
state fire marshal receives the application fee and proof that	62647
the requirements of divisions (I)(1)(b) to (e) of this section	62648
are satisfied. The storage location shall be considered part of	62649
the original licensed premises and shall use the same distinct	62650
number assigned to the original licensed premises with any	62651
additional designations as the state fire marshal deems necessary	62652
in accordance with section 3743.03 of the Revised Code.	62653

(J)(1) A licensee who obtains approval for the use of a	62654
storage location in accordance with division (I) of this section	62655
shall use the storage location exclusively for the following	62656
activities, in accordance with division (C) of this section:	62657

(a) The packaging, assembling, or storing of fireworks, which	62658
shall only occur in buildings or structures approved for such	62659
hazardous uses by the building code official having jurisdiction	62660
for the storage location or, for 1.4G fireworks, in containers or	62661
trailers approved for such hazardous uses by the state fire	62662
marshal if such containers or trailers are not subject to	62663
regulation by the building code adopted in accordance with	62664
Chapter 3781. of the Revised Code. All such storage shall be in	62665
accordance with the rules adopted by the state fire marshal	62666
under division (G) of section 3743.05 of the Revised Code for	62667
the packaging, assembling, and storage of fireworks.	62668

(b) Distributing fireworks to other parcels of real estate	62669
located on the manufacturer's licensed premises, to licensed	62670
wholesalers or other licensed manufacturers in this state or to	62671
similarly licensed persons located in another state or country;	62672

(c) Distributing fireworks to a licensed exhibitor of	62673
fireworks pursuant to a properly issued permit in accordance with	62674
section 3743.54 of the Revised Code.	62675

(2) A licensed manufacturer shall not engage in any sales	62676
activity, including the retail sale of fireworks otherwise	62677
permitted under division (C)(2) or (C)(3) of this section, or	62678
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	62679
storage location approved under this section.	62680

(3) A storage location may not be relocated for a minimum	62681
period of five years after the storage location is approved by the	62682
state fire marshal in accordance with division (I) of this	62683
section.	62684

(K) The licensee shall prohibit public access to the storage	62685
location. The state fire marshal shall adopt rules to describe the	62686
acceptable measures a manufacturer shall use to prohibit access to	62687
the storage site.	62688

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	62689
of this section, all retail sales of 1.4G fireworks by a licensed	62690
manufacturer or wholesaler shall only occur from an approved	62691
retail sales showroom on a licensed premises or from a	62692
representative sample showroom as described in this section on a	62693
licensed premises. For the purposes of this section, a retail sale	62694
includes the transfer of the possession of the 1.4G fireworks from	62695
the licensed manufacturer or wholesaler to the purchaser of the	62696
fireworks.	62697

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	62698
properly permitted exhibition shall occur in accordance with the	62699
provisions of the Revised Code and rules adopted by the state fire	62700
marshal under Chapter 119. of the Revised Code. Such rules shall	62701
specify, at a minimum, that the licensed exhibitor holds a license	62702
under section 3743.51 of the Revised Code, that the exhibitor	62703
possesses a valid exhibition permit issued in accordance with	62704
section 3743.54 of the Revised Code, and that the fireworks	62705
shipped are to be used at the specifically permitted exhibition.	62706

(B) All wholesale sales of fireworks by a licensed	62707
manufacturer or wholesaler shall only occur from a licensed	62708
premises to persons who intend to resell the fireworks purchased	62709
at wholesale. A wholesale sale by a licensed manufacturer or	62710
wholesaler may occur as follows:	62711

(1) The direct sale and shipment of fireworks to a person	62712
outside of this state;	62713

(2) From an approved retail sales showroom as described in	62714
this section;	62715

(3) From a representative sample showroom as described in	62716
this section;	62717

(4) By delivery of wholesale fireworks to a purchaser at a	62718
licensed premises outside of a structure or building on that	62719
premises. All other portions of the wholesale sales transaction	62720
may occur at any location on a licensed premises.	62721

(5) Any other method as described in rules adopted by the	62722
state fire marshal under Chapter 119. of the Revised Code.	62723

(C) A licensed manufacturer or wholesaler shall only sell	62724
1.4G fireworks from a representative sample showroom or a retail	62725
sales showroom. Each licensed premises shall only contain one	62726
sales structure.	62727

A representative sample showroom shall consist of a structure	62728
constructed and maintained in accordance with the nonresidential	62729
building code adopted under Chapter 3781. of the Revised Code and	62730
the fire code adopted under section 3737.82 of the Revised Code	62731
for a use and occupancy group that permits mercantile sales. A	62732
representative sample showroom shall not contain any pyrotechnics,	62733
pyrotechnic materials, fireworks, explosives, explosive materials,	62734
or any similar hazardous materials or substances. A representative	62735
sample showroom shall be used only for the public viewing of	62736
fireworks product representations, including paper materials,	62737
packaging materials, catalogs, photographs, or other similar	62738
product depictions. The delivery of product to a purchaser of	62739
fireworks at a licensed premises that has a representative sample	62740
structure shall not occur inside any structure on a licensed	62741
premises. Such product delivery shall occur on the licensed	62742
premises in a manner prescribed by rules adopted by the state fire	62743
marshal pursuant to Chapter 119. of the Revised Code.	62744

If a manufacturer or wholesaler elects to conduct sales from	62745
a retail sales showroom, the showroom structures, to which the	62746
public may have any access and in which employees are required to	62747
work, on all licensed premises, shall comply with the following	62748
safety requirements:	62749

(1) A fireworks showroom that is constructed or upon which	62750
expansion is undertaken on and after June 30, 1997, shall be	62751
equipped with interlinked fire detection, fire suppression, smoke	62752
exhaust, and smoke evacuation systems that are approved by the	62753
superintendent of ~~the division of industrial compliance~~labor in	62754
the department of commerce.	62755

(2) A fireworks showroom that first begins to operate on or	62756
after June 30, 1997, and to which the public has access for	62757
retail purposes shall not exceed five thousand square feet in	62758
floor area.	62759

(3) A newly constructed or an existing fireworks showroom	62760
structure that exists on ~~the effective date of this amendment~~	62761
September 23, 2008, but that, on or after ~~the effective date of~~	62762
~~this amendment~~September 23, 2008, is altered or added to in a	62763
manner requiring the submission of plans, drawings,	62764
specifications, or data pursuant to section 3791.04 of the	62765
Revised Code, shall comply with a graphic floor plan layout	62766
that is approved by the state fire marshal and superintendent of	62767
~~the division of industrial compliance~~ showing width of aisles,	62768
parallel arrangement of aisles to exits, number of exits per	62769
wall, maximum occupancy load, evacuation plan for occupants,	62770
height of storage or display of merchandise, and other	62771
information as may be required by the state fire marshal and	62772
superintendent.	62773

(4) A fireworks showroom structure that exists on June 30,	62774
1997, shall be in compliance on or after June 30, 1997, with	62775
floor plans showing occupancy load limits and internal	62776
circulation and egress patterns that are approved by the state	62777
fire marshal and superintendent ~~of industrial compliance~~, and	62778
that are submitted under seal as required by section 3791.04 of	62779
the Revised Code.	62780

(D) The safety requirements established in division (C) of	62781
this section are not subject to any variance, waiver, or	62782
exclusion pursuant to this chapter or any applicable building	62783
code.	62784

Sec. 3745.015. There is hereby created in the state treasury	62785
the environmental protection fund consisting of money credited to	62786
the fund under division (A)(3) of section 3714.073 and division	62787
(A)(3) of section 3734.57 of the Revised Code. The environmental	62788
protection agency shall use money in the fund to pay the agency's	62789
costs associated with administering and enforcing, or otherwise	62790
conducting activities under, this chapter and Chapters 3704.,	62791
3734., 3746., 3747., 3748., 3750., 3751., 3752., 3753., 5709.,	62792
6101., 6103., 6105., 6109., 6111., 6112., 6113., 6115., 6117., and	62793
6119. and sections 122.65 and 1521.19 of the Revised Code.	62794

Sec. 3745.11. (A) Applicants for and holders of permits,	62795
licenses, variances, plan approvals, and certifications issued by	62796
the director of environmental protection pursuant to Chapters	62797
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	62798
to the environmental protection agency for each such issuance and	62799
each application for an issuance as provided by this section. No	62800
fee shall be charged for any issuance for which no application has	62801
been submitted to the director.	62802

(B) Each person who is issued a permit to install prior to	62803
July 1, 2003, pursuant to rules adopted under division (F) of	62804
section 3704.03 of the Revised Code shall pay the fees specified	62805
in the following schedules:	62806

(1) Fuel-burning equipment (boilers)

62807

Input capacity (maximum)					62808
(million British thermal units per hour)		Permit to install			62809

Greater than 0, but less than 10	$ 200	62810
10 or more, but less than 100	400	62811
100 or more, but less than 300	800	62812
300 or more, but less than 500	1500	62813
500 or more, but less than 1000	2500	62814
1000 or more, but less than 5000	4000	62815
5000 or more	6000	62816

Units burning exclusively natural gas, number two fuel oil,	62817
or both shall be assessed a fee that is one-half of the applicable	62818
amount established in division (F)(1) of this section.	62819

(2) Incinerators

62820

Input capacity (pounds per hour)

Permit to install

62821

0 to 100	$ 100	62822
101 to 500	400	62823
501 to 2000	750	62824
2001 to 20,000	1000	62825
more than 20,000	2500	62826

(3)(a) Process

62827

Process weight rate (pounds per hour)

Permit to install

62828

0 to 1000	$ 200	62829
1001 to 5000	400	62830
5001 to 10,000	600	62831
10,001 to 50,000	800	62832
more than 50,000	1000	62833

In any process where process weight rate cannot be	62834
ascertained, the minimum fee shall be assessed.	62835

(b) Notwithstanding division (B)(3)(a) of this section, any	62836
person issued a permit to install pursuant to rules adopted under	62837
division (F) of section 3704.03 of the Revised Code shall pay the	62838
fees established in division (B)(3)(c) of this section for a	62839
process used in any of the following industries, as identified by	62840
the applicable four-digit standard industrial classification code	62841
according to the Standard Industrial Classification Manual	62842
published by the United States office of management and budget in	62843
the executive office of the president, 1972, as revised:	62844

1211 Bituminous coal and lignite mining;

62845

1213 Bituminous coal and lignite mining services;

62846

1411 Dimension stone;

62847

1422 Crushed and broken limestone;

62848

1427 Crushed and broken stone, not elsewhere classified;

62849

1442 Construction sand and gravel;

62850

1446 Industrial sand;

62851

3281 Cut stone and stone products;

62852

3295 Minerals and earth, ground or otherwise treated.

62853

(c) The fees established in the following schedule apply to	62854
the issuance of a permit to install pursuant to rules adopted	62855
under division (F) of section 3704.03 of the Revised Code for a	62856
process listed in division (B)(3)(b) of this section:	62857

Process weight rate (pounds per hour)

Permit to install

62858

0 to 1000	$ 200	62859
10,001 to 50,000	300	62860
50,001 to 100,000	400	62861
100,001 to 200,000	500	62862
200,001 to 400,000	600	62863
400,001 or more	700	62864

(4) Storage tanks

62865

Gallons (maximum useful capacity)

Permit to install

62866

0 to 20,000	$ 100	62867
20,001 to 40,000	150	62868
40,001 to 100,000	200	62869
100,001 to 250,000	250	62870
250,001 to 500,000	350	62871
500,001 to 1,000,000	500	62872
1,000,001 or greater	750	62873

(5) Gasoline/fuel dispensing facilities

62874

For each gasoline/fuel dispensing		Permit to install			62875
facility		$ 100			62876

(6) Dry cleaning facilities

62877

For each dry cleaning facility		Permit to install			62878
(includes all units at the facility)		$ 100			62879

(7) Registration status

62880

For each source covered		Permit to install			62881
by registration status		$ 75			62882

(C)(1) Except as otherwise provided in division (C)(2) of	62883
this section, beginning July 1, 1994, each person who owns or	62884
operates an air contaminant source and who is required to apply	62885
for and obtain a Title V permit under section 3704.036 of the	62886
Revised Code shall pay the fees set forth in division (C)(1) of	62887
this section. For the purposes of that division, total emissions	62888
of air contaminants may be calculated using engineering	62889
calculations, emissions factors, material balance calculations, or	62890
performance testing procedures, as authorized by the director.	62891

The following fees shall be assessed on the total actual	62892
emissions from a source in tons per year of the regulated	62893
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	62894
organic compounds, and lead:	62895

(a) Fifteen dollars per ton on the total actual emissions of	62896
each such regulated pollutant during the period July through	62897
December 1993, to be collected no sooner than July 1, 1994;	62898

(b) Twenty dollars per ton on the total actual emissions of	62899
each such regulated pollutant during calendar year 1994, to be	62900
collected no sooner than April 15, 1995;	62901

(c) Twenty-five dollars per ton on the total actual emissions	62902
of each such regulated pollutant in calendar year 1995, and each	62903
subsequent calendar year, to be collected no sooner than the	62904
fifteenth day of April of the year next succeeding the calendar	62905
year in which the emissions occurred.	62906

The fees levied under division (C)(1) of this section do not	62907
apply to that portion of the emissions of a regulated pollutant at	62908
a facility that exceed four thousand tons during a calendar year.	62909

(2) The fees assessed under division (C)(1) of this section	62910
are for the purpose of providing funding for the Title V permit	62911
program.	62912

(3) The fees assessed under division (C)(1) of this section	62913
do not apply to emissions from any electric generating unit	62914
designated as a Phase I unit under Title IV of the federal Clean	62915
Air Act prior to calendar year 2000. Those fees shall be assessed	62916
on the emissions from such a generating unit commencing in	62917
calendar year 2001 based upon the total actual emissions from the	62918
generating unit during calendar year 2000 and shall continue to be	62919
assessed each subsequent calendar year based on the total actual	62920
emissions from the generating unit during the preceding calendar	62921
year.	62922

(4) The director shall issue invoices to owners or operators	62923
of air contaminant sources who are required to pay a fee assessed	62924
under division (C) or (D) of this section. Any such invoice shall	62925
be issued no sooner than the applicable date when the fee first	62926
may be collected in a year under the applicable division, shall	62927
identify the nature and amount of the fee assessed, and shall	62928
indicate that the fee is required to be paid within thirty days	62929
after the issuance of the invoice.	62930

(D)(1) Except as provided in division (D)(3) of this section,	62931
from January 1, 1994, through December 31, 2003, each person who	62932
owns or operates an air contaminant source; who is required to	62933
apply for a permit to operate pursuant to rules adopted under	62934
division (G), or a variance pursuant to division (H), of section	62935
3704.03 of the Revised Code; and who is not required to apply for	62936
and obtain a Title V permit under section 3704.036 of the Revised	62937
Code shall pay a single fee based upon the sum of the actual	62938
annual emissions from the facility of the regulated pollutants	62939
particulate matter, sulfur dioxide, nitrogen oxides, organic	62940
compounds, and lead in accordance with the following schedule:	62941

Total tons per year		62942
of regulated pollutants	Annual fee	62943
emitted	per facility	62944
More than 0, but less than 50	$ 75	62945
50 or more, but less than 100	300	62946
100 or more	700	62947

(2) Except as provided in division (D)(3) of this section,	62948
beginning January 1, 2004, each person who owns or operates an air	62949
contaminant source; who is required to apply for a permit to	62950
operate pursuant to rules adopted under division (G), or a	62951
variance pursuant to division (H), of section 3704.03 of the	62952
Revised Code; and who is not required to apply for and obtain a	62953
Title V permit under section 3704.03 of the Revised Code shall pay	62954
a single fee based upon the sum of the actual annual emissions	62955
from the facility of the regulated pollutants particulate matter,	62956
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	62957
accordance with the following schedule:	62958

Total tons per year		62959
of regulated pollutants	Annual fee	62960
emitted	per facility	62961
More than 0, but less than 10	$ 100	62962
10 or more, but less than 50	200	62963
50 or more, but less than 100	300	62964
100 or more	700	62965

(3)(a) As used in division (D) of this section, "synthetic	62966
minor facility" means a facility for which one or more permits to	62967
install or permits to operate have been issued for the air	62968
contaminant sources at the facility that include terms and	62969
conditions that lower the facility's potential to emit air	62970
contaminants below the major source thresholds established in	62971
rules adopted under section 3704.036 of the Revised Code.	62972

(b) Beginning January 1, 2000, through June 30, ~~2010~~2012,	62973
each person who owns or operates a synthetic minor facility shall	62974
pay an annual fee based on the sum of the actual annual emissions	62975
from the facility of particulate matter, sulfur dioxide, nitrogen	62976
dioxide, organic compounds, and lead in accordance with the	62977
following schedule:	62978

Combined total tons		62979
per year of all regulated	Annual fee	62980
pollutants emitted	per facility	62981

Less than 10	$ 170	62982
10 or more, but less than 20	340	62983
20 or more, but less than 30	670	62984
30 or more, but less than 40	1,010	62985
40 or more, but less than 50	1,340	62986
50 or more, but less than 60	1,680	62987
60 or more, but less than 70	2,010	62988
70 or more, but less than 80	2,350	62989
80 or more, but less than 90	2,680	62990
90 or more, but less than 100	3,020	62991
100 or more	3,350	62992

(4) The fees assessed under division (D)(1) of this section	62993
shall be collected annually no sooner than the fifteenth day of	62994
April, commencing in 1995. The fees assessed under division	62995
(D)(2) of this section shall be collected annually no sooner than	62996
the fifteenth day of April, commencing in 2005. The fees assessed	62997
under division (D)(3) of this section shall be collected no sooner	62998
than the fifteenth day of April, commencing in 2000. The fees	62999
assessed under division (D) of this section in a calendar year	63000
shall be based upon the sum of the actual emissions of those	63001
regulated pollutants during the preceding calendar year. For the	63002
purpose of division (D) of this section, emissions of air	63003
contaminants may be calculated using engineering calculations,	63004
emission factors, material balance calculations, or performance	63005
testing procedures, as authorized by the director. The director,	63006
by rule, may require persons who are required to pay the fees	63007
assessed under division (D) of this section to pay those fees	63008
biennially rather than annually.	63009

(E)(1) Consistent with the need to cover the reasonable costs	63010
of the Title V permit program, the director annually shall	63011
increase the fees prescribed in division (C)(1) of this section by	63012
the percentage, if any, by which the consumer price index for the	63013
most recent calendar year ending before the beginning of a year	63014
exceeds the consumer price index for calendar year 1989. Upon	63015
calculating an increase in fees authorized by division (E)(1) of	63016
this section, the director shall compile revised fee schedules for	63017
the purposes of division (C)(1) of this section and shall make the	63018
revised schedules available to persons required to pay the fees	63019
assessed under that division and to the public.	63020

(2) For the purposes of division (E)(1) of this section:

63021

(a) The consumer price index for any year is the average of	63022
the consumer price index for all urban consumers published by the	63023
United States department of labor as of the close of the	63024
twelve-month period ending on the thirty-first day of August of	63025
that year.	63026

(b) If the 1989 consumer price index is revised, the director	63027
shall use the revision of the consumer price index that is most	63028
consistent with that for calendar year 1989.	63029

(F) Each person who is issued a permit to install pursuant to	63030
rules adopted under division (F) of section 3704.03 of the Revised	63031
Code on or after July 1, 2003, shall pay the fees specified in the	63032
following schedules:	63033

(1) Fuel-burning equipment (boilers, furnaces, or process	63034
heaters used in the process of burning fuel for the primary	63035
purpose of producing heat or power by indirect heat transfer)	63036

Input capacity (maximum)		63037
(million British thermal units per hour)	Permit to install	63038
Greater than 0, but less than 10	$ 200	63039
10 or more, but less than 100	400	63040
100 or more, but less than 300	1000	63041
300 or more, but less than 500	2250	63042
500 or more, but less than 1000	3750	63043
1000 or more, but less than 5000	6000	63044
5000 or more	9000	63045

Units burning exclusively natural gas, number two fuel oil,	63046
or both shall be assessed a fee that is one-half the applicable	63047
amount shown in division (F)(1) of this section.	63048

(2) Combustion turbines and stationary internal combustion	63049
engines designed to generate electricity	63050

Generating capacity (mega watts)	Permit to install	63051
0 or more, but less than 10	$ 25	63052
10 or more, but less than 25	150	63053
25 or more, but less than 50	300	63054
50 or more, but less than 100	500	63055
100 or more, but less than 250	1000	63056
250 or more	2000	63057

(3) Incinerators

63058

Input capacity (pounds per hour)	Permit to install	63059
0 to 100	$ 100	63060
101 to 500	500	63061
501 to 2000	1000	63062
2001 to 20,000	1500	63063
more than 20,000	3750	63064

(4)(a) Process

63065

Process weight rate (pounds per hour)	Permit to install	63066
0 to 1000	$ 200	63067
1001 to 5000	500	63068
5001 to 10,000	750	63069
10,001 to 50,000	1000	63070
more than 50,000	1250	63071

In any process where process weight rate cannot be	63072
ascertained, the minimum fee shall be assessed. A boiler, furnace,	63073
combustion turbine, stationary internal combustion engine, or	63074
process heater designed to provide direct heat or power to a	63075
process not designed to generate electricity shall be assessed a	63076
fee established in division (F)(4)(a) of this section. A	63077
combustion turbine or stationary internal combustion engine	63078
designed to generate electricity shall be assessed a fee	63079
established in division (F)(2) of this section.	63080

(b) Notwithstanding division (F)(4)(a) of this section, any	63081
person issued a permit to install pursuant to rules adopted under	63082
division (F) of section 3704.03 of the Revised Code shall pay the	63083
fees set forth in division (F)(4)(c) of this section for a process	63084
used in any of the following industries, as identified by the	63085
applicable two-digit, three-digit, or four-digit standard	63086
industrial classification code according to the Standard	63087
Industrial Classification Manual published by the United States	63088
office of management and budget in the executive office of the	63089
president, 1987, as revised:	63090

Major group 10, metal mining;

63091

Major group 12, coal mining;

63092

Major group 14, mining and quarrying of nonmetallic minerals;

63093

Industry group 204, grain mill products;

63094

2873 Nitrogen fertilizers;

63095

2874 Phosphatic fertilizers;

63096

3281 Cut stone and stone products;

63097

3295 Minerals and earth, ground or otherwise treated;

63098

4221 Grain elevators (storage only);

63099

5159 Farm related raw materials;

63100

5261 Retail nurseries and lawn and garden supply stores.

63101

(c) The fees set forth in the following schedule apply to the	63102
issuance of a permit to install pursuant to rules adopted under	63103
division (F) of section 3704.03 of the Revised Code for a process	63104
identified in division (F)(4)(b) of this section:	63105

Process weight rate (pounds per hour)	Permit to install	63106
0 to 10,000	$ 200	63107
10,001 to 50,000	400	63108
50,001 to 100,000	500	63109
100,001 to 200,000	600	63110
200,001 to 400,000	750	63111
400,001 or more	900	63112

(5) Storage tanks

63113

Gallons (maximum useful capacity)	Permit to install	63114
0 to 20,000	$ 100	63115
20,001 to 40,000	150	63116
40,001 to 100,000	250	63117
100,001 to 500,000	400	63118
500,001 or greater	750	63119

(6) Gasoline/fuel dispensing facilities

63120

For each gasoline/fuel		63121
dispensing facility (includes all	Permit to install	63122
units at the facility)	$ 100	63123

(7) Dry cleaning facilities

63124

For each dry cleaning		63125
facility (includes all units	Permit to install	63126
at the facility)	$ 100	63127

(8) Registration status

63128

For each source covered			Permit to install			63129
by registration status			$ 75			63130

(G) An owner or operator who is responsible for an asbestos	63131
demolition or renovation project pursuant to rules adopted under	63132
section 3704.03 of the Revised Code shall pay the fees set forth	63133
in the following schedule:	63134

Action	Fee	63135
Each notification	$75	63136
Asbestos removal	$3/unit	63137
Asbestos cleanup	$4/cubic yard	63138

For purposes of this division, "unit" means any combination of	63139
linear feet or square feet equal to fifty.	63140

(H) A person who is issued an extension of time for a permit	63141
to install an air contaminant source pursuant to rules adopted	63142
under division (F) of section 3704.03 of the Revised Code shall	63143
pay a fee equal to one-half the fee originally assessed for the	63144
permit to install under this section, except that the fee for such	63145
an extension shall not exceed two hundred dollars.	63146

(I) A person who is issued a modification to a permit to	63147
install an air contaminant source pursuant to rules adopted under	63148
section 3704.03 of the Revised Code shall pay a fee equal to	63149
one-half of the fee that would be assessed under this section to	63150
obtain a permit to install the source. The fee assessed by this	63151
division only applies to modifications that are initiated by the	63152
owner or operator of the source and shall not exceed two thousand	63153
dollars.	63154

(J) Notwithstanding division (B) or (F) of this section, a	63155
person who applies for or obtains a permit to install pursuant to	63156
rules adopted under division (F) of section 3704.03 of the Revised	63157
Code after the date actual construction of the source began shall	63158
pay a fee for the permit to install that is equal to twice the fee	63159
that otherwise would be assessed under the applicable division	63160
unless the applicant received authorization to begin construction	63161
under division (W) of section 3704.03 of the Revised Code. This	63162
division only applies to sources for which actual construction of	63163
the source begins on or after July 1, 1993. The imposition or	63164
payment of the fee established in this division does not preclude	63165
the director from taking any administrative or judicial	63166
enforcement action under this chapter, Chapter 3704., 3714.,	63167
3734., or 6111. of the Revised Code, or a rule adopted under any	63168
of them, in connection with a violation of rules adopted under	63169
division (F) of section 3704.03 of the Revised Code.	63170

As used in this division, "actual construction of the source"	63171
means the initiation of physical on-site construction activities	63172
in connection with improvements to the source that are permanent	63173
in nature, including, without limitation, the installation of	63174
building supports and foundations and the laying of underground	63175
pipework.	63176

(K) Fifty cents per ton of each fee assessed under division	63177
(C) of this section on actual emissions from a source and received	63178
by the environmental protection agency pursuant to that division	63179
shall be deposited into the state treasury to the credit of the	63180
small business assistance fund created in section 3706.19 of the	63181
Revised Code. The remainder of the moneys received by the division	63182
pursuant to that division and moneys received by the agency	63183
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	63184
section shall be deposited in the state treasury to the credit of	63185
the clean air fund created in section 3704.035 of the Revised	63186
Code.	63187

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	63188
or (c) of this section, a person issued a water discharge permit	63189
or renewal of a water discharge permit pursuant to Chapter 6111.	63190
of the Revised Code shall pay a fee based on each point source to	63191
which the issuance is applicable in accordance with the following	63192
schedule:	63193

Design flow discharge (gallons per day)	Fee	63194
0 to 1000	$ 0	63195
1,001 to 5000	100	63196
5,001 to 50,000	200	63197
50,001 to 100,000	300	63198
100,001 to 300,000	525	63199
over 300,000	750	63200

(b) Notwithstanding the fee schedule specified in division	63201
(L)(1)(a) of this section, the fee for a water discharge permit	63202
that is applicable to coal mining operations regulated under	63203
Chapter 1513. of the Revised Code shall be two hundred fifty	63204
dollars per mine.	63205

(c) Notwithstanding the fee schedule specified in division	63206
(L)(1)(a) of this section, the fee for a water discharge permit	63207
for a public discharger identified by I in the third character of	63208
the permittee's NPDES permit number shall not exceed seven hundred	63209
fifty dollars.	63210

(2) A person applying for a plan approval for a wastewater	63211
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	63212
of the Revised Code shall pay a fee of one hundred dollars plus	63213
sixty-five one-hundredths of one per cent of the estimated project	63214
cost through June 30, ~~2010~~2012, and one hundred dollars plus	63215
two-tenths of one per cent of the estimated project cost on and	63216
after July 1, ~~2010~~2012, except that the total fee shall not	63217
exceed fifteen thousand dollars through June 30, ~~2010~~2012, and	63218
five thousand dollars on and after July 1, ~~2010~~2012. The fee	63219
shall be paid at the time the application is submitted.	63220

(3) A person issued a modification of a water discharge	63221
permit shall pay a fee equal to one-half the fee that otherwise	63222
would be charged for a water discharge permit, except that the fee	63223
for the modification shall not exceed four hundred dollars.	63224

(4) A person who has entered into an agreement with the	63225
director under section 6111.14 of the Revised Code shall pay an	63226
administrative service fee for each plan submitted under that	63227
section for approval that shall not exceed the minimum amount	63228
necessary to pay administrative costs directly attributable to	63229
processing plan approvals. The director annually shall calculate	63230
the fee and shall notify all persons who have entered into	63231
agreements under that section, or who have applied for agreements,	63232
of the amount of the fee.	63233

(5)(a)(i) Not later than January 30, ~~2008~~2010, and January	63234
30, ~~2009~~2011, a person holding an NPDES discharge permit issued	63235
pursuant to Chapter 6111. of the Revised Code with an average	63236
daily discharge flow of five thousand gallons or more shall pay a	63237
nonrefundable annual discharge fee. Any person who fails to pay	63238
the fee at that time shall pay an additional amount that equals	63239
ten per cent of the required annual discharge fee.	63240

(ii) The billing year for the annual discharge fee	63241
established in division (L)(5)(a)(i) of this section shall consist	63242
of a twelve-month period beginning on the first day of January of	63243
the year preceding the date when the annual discharge fee is due.	63244
In the case of an existing source that permanently ceases to	63245
discharge during a billing year, the director shall reduce the	63246
annual discharge fee, including the surcharge applicable to	63247
certain industrial facilities pursuant to division (L)(5)(c) of	63248
this section, by one-twelfth for each full month during the	63249
billing year that the source was not discharging, but only if the	63250
person holding the NPDES discharge permit for the source notifies	63251
the director in writing, not later than the first day of October	63252
of the billing year, of the circumstances causing the cessation of	63253
discharge.	63254

(iii) The annual discharge fee established in division	63255
(L)(5)(a)(i) of this section, except for the surcharge applicable	63256
to certain industrial facilities pursuant to division (L)(5)(c) of	63257
this section, shall be based upon the average daily discharge flow	63258
in gallons per day calculated using first day of May through	63259
thirty-first day of October flow data for the period two years	63260
prior to the date on which the fee is due. In the case of NPDES	63261
discharge permits for new sources, the fee shall be calculated	63262
using the average daily design flow of the facility until actual	63263
average daily discharge flow values are available for the time	63264
period specified in division (L)(5)(a)(iii) of this section. The	63265
annual discharge fee may be prorated for a new source as described	63266
in division (L)(5)(a)(ii) of this section.	63267

(b) An NPDES permit holder that is a public discharger shall	63268
pay the fee specified in the following schedule:	63269

Average daily	Fee due by	63270
discharge flow	January 30,	63271
	~~2008~~ 2010, and	63272
	January 30, ~~2009~~ 2011	63273

5,000 to 49,999	$ 200	63274
50,000 to 100,000	500	63275
100,001 to 250,000	1,050	63276
250,001 to 1,000,000	2,600	63277
1,000,001 to 5,000,000	5,200	63278
5,000,001 to 10,000,000	10,350	63279
10,000,001 to 20,000,000	15,550	63280
20,000,001 to 50,000,000	25,900	63281
50,000,001 to 100,000,000	41,400	63282
100,000,001 or more	62,100	63283

Public dischargers owning or operating two or more publicly	63284
owned treatment works serving the same political subdivision, as	63285
"treatment works" is defined in section 6111.01 of the Revised	63286
Code, and that serve exclusively political subdivisions having a	63287
population of fewer than one hundred thousand shall pay an annual	63288
discharge fee under division (L)(5)(b) of this section that is	63289
based on the combined average daily discharge flow of the	63290
treatment works.	63291

(c) An NPDES permit holder that is an industrial discharger,	63292
other than a coal mining operator identified by P in the third	63293
character of the permittee's NPDES permit number, shall pay the	63294
fee specified in the following schedule:	63295

Average daily	Fee due by	63296
discharge flow	January 30,	63297
	~~2008~~ 2010, and	63298
	January 30, ~~2009~~ 2011	63299

5,000 to 49,999	$ 250	63300
50,000 to 250,000	1,200	63301
250,001 to 1,000,000	2,950	63302
1,000,001 to 5,000,000	5,850	63303
5,000,001 to 10,000,000	8,800	63304
10,000,001 to 20,000,000	11,700	63305
20,000,001 to 100,000,000	14,050	63306
100,000,001 to 250,000,000	16,400	63307
250,000,001 or more	18,700	63308

In addition to the fee specified in the above schedule, an	63309
NPDES permit holder that is an industrial discharger classified as	63310
a major discharger during all or part of the annual discharge fee	63311
billing year specified in division (L)(5)(a)(ii) of this section	63312
shall pay a nonrefundable annual surcharge of seven thousand five	63313
hundred dollars not later than January 30, ~~2008~~2010, and not	63314
later than January 30, ~~2009~~2011. Any person who fails to pay the	63315
surcharge at that time shall pay an additional amount that equals	63316
ten per cent of the amount of the surcharge.	63317

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	63318
section, a public discharger identified by I in the third	63319
character of the permittee's NPDES permit number and an industrial	63320
discharger identified by I, J, L, V, W, X, Y, or Z in the third	63321
character of the permittee's NPDES permit number shall pay a	63322
nonrefundable annual discharge fee of one hundred eighty dollars	63323
not later than January 30, ~~2008~~2010, and not later than January	63324
30, ~~2009~~2011. Any person who fails to pay the fee at that time	63325
shall pay an additional amount that equals ten per cent of the	63326
required fee.	63327

(6) Each person obtaining a national pollutant discharge	63328
elimination system general or individual permit for municipal	63329
storm water discharge shall pay a nonrefundable storm water	63330
discharge fee of one hundred dollars per square mile of area	63331
permitted. The fee shall not exceed ten thousand dollars and shall	63332
be payable on or before January 30, 2004, and the thirtieth day of	63333
January of each year thereafter. Any person who fails to pay the	63334
fee on the date specified in division (L)(6) of this section shall	63335
pay an additional amount per year equal to ten per cent of the	63336
annual fee that is unpaid.	63337

(7) The director shall transmit all moneys collected under	63338
division (L) of this section to the treasurer of state for deposit	63339
into the state treasury to the credit of the surface water	63340
protection fund created in section 6111.038 of the Revised Code.	63341

(8) As used in division (L) of this section:

63342

(a) "NPDES" means the federally approved national pollutant	63343
discharge elimination system program for issuing, modifying,	63344
revoking, reissuing, terminating, monitoring, and enforcing	63345
permits and imposing and enforcing pretreatment requirements under	63346
Chapter 6111. of the Revised Code and rules adopted under it.	63347

(b) "Public discharger" means any holder of an NPDES permit	63348
identified by P in the second character of the NPDES permit number	63349
assigned by the director.	63350

(c) "Industrial discharger" means any holder of an NPDES	63351
permit identified by I in the second character of the NPDES permit	63352
number assigned by the director.	63353

(d) "Major discharger" means any holder of an NPDES permit	63354
classified as major by the regional administrator of the United	63355
States environmental protection agency in conjunction with the	63356
director.	63357

(M) Through June 30, ~~2010~~2012, a person applying for a	63358
license or license renewal to operate a public water system under	63359
section 6109.21 of the Revised Code shall pay the appropriate fee	63360
established under this division at the time of application to the	63361
director. Any person who fails to pay the fee at that time shall	63362
pay an additional amount that equals ten per cent of the required	63363
fee. The director shall transmit all moneys collected under this	63364
division to the treasurer of state for deposit into the drinking	63365
water protection fund created in section 6109.30 of the Revised	63366
Code.	63367

Except as provided in division (M)(4) of this section, fees	63368
required under this division shall be calculated and paid in	63369
accordance with the following schedule:	63370

(1) For the initial license required under division (A)(1) of	63371
section 6109.21 of the Revised Code for any public water system	63372
that is a community water system as defined in section 6109.01 of	63373
the Revised Code, and for each license renewal required for such a	63374
system prior to January 31, ~~2010~~2012, the fee is:	63375

Number of service connections		Fee amount	63376
	Not more than 49	$ 112	63377
	50 to 99	176	63378

Number of service connections		Average cost per connection	63379
	100 to 2,499	$ 1.92	63380
	2,500 to 4,999	1.48	63381
	5,000 to 7,499	1.42	63382
	7,500 to 9,999	1.34	63383
	10,000 to 14,999	1.16	63384
	15,000 to 24,999	1.10	63385
	25,000 to 49,999	1.04	63386
	50,000 to 99,999	.92	63387
	100,000 to 149,999	.86	63388
	150,000 to 199,999	.80	63389
	200,000 or more	.76	63390

A public water system may determine how it will pay the total	63391
amount of the fee calculated under division (M)(1) of this	63392
section, including the assessment of additional user fees that may	63393
be assessed on a volumetric basis.	63394

As used in division (M)(1) of this section, "service	63395
connection" means the number of active or inactive pipes,	63396
goosenecks, pigtails, and any other fittings connecting a water	63397
main to any building outlet.	63398

(2) For the initial license required under division (A)(2) of	63399
section 6109.21 of the Revised Code for any public water system	63400
that is not a community water system and serves a nontransient	63401
population, and for each license renewal required for such a	63402
system prior to January 31, ~~2010~~2012, the fee is:	63403

Population served	Fee amount	63404
Fewer than 150	$ 112	63405
150 to 299	176	63406
300 to 749	384	63407
750 to 1,499	628	63408
1,500 to 2,999	1,268	63409
3,000 to 7,499	2,816	63410
7,500 to 14,999	5,510	63411
15,000 to 22,499	9,048	63412
22,500 to 29,999	12,430	63413
30,000 or more	16,820	63414

As used in division (M)(2) of this section, "population	63415
served" means the total number of individuals receiving water from	63416
the water supply during a twenty-four-hour period for at least	63417
sixty days during any calendar year. In the absence of a specific	63418
population count, that number shall be calculated at the rate of	63419
three individuals per service connection.	63420

(3) For the initial license required under division (A)(3) of	63421
section 6109.21 of the Revised Code for any public water system	63422
that is not a community water system and serves a transient	63423
population, and for each license renewal required for such a	63424
system prior to January 31, ~~2010~~2012, the fee is:	63425

Number of wells supplying system		Fee amount	63426
	1	$112	63427
	2	112	63428
	3	176	63429
	4	278	63430
	5	568	63431
	System designated as using a		63432
	surface water source	792	63433

As used in division (M)(3) of this section, "number of wells	63434
supplying system" means those wells that are physically connected	63435
to the plumbing system serving the public water system.	63436

(4) A public water system designated as using a surface water	63437
source shall pay a fee of seven hundred ninety-two dollars or the	63438
amount calculated under division (M)(1) or (2) of this section,	63439
whichever is greater.	63440

(N)(1) A person applying for a plan approval for a public	63441
water supply system under section 6109.07 of the Revised Code	63442
shall pay a fee of one hundred fifty dollars plus thirty-five	63443
hundredths of one per cent of the estimated project cost, except	63444
that the total fee shall not exceed twenty thousand dollars	63445
through June 30, ~~2010~~2012, and fifteen thousand dollars on and	63446
after July 1, ~~2010~~2012. The fee shall be paid at the time the	63447
application is submitted.	63448

(2) A person who has entered into an agreement with the	63449
director under division (A)(2) of section 6109.07 of the Revised	63450
Code shall pay an administrative service fee for each plan	63451
submitted under that section for approval that shall not exceed	63452
the minimum amount necessary to pay administrative costs directly	63453
attributable to processing plan approvals. The director annually	63454
shall calculate the fee and shall notify all persons that have	63455
entered into agreements under that division, or who have applied	63456
for agreements, of the amount of the fee.	63457

(3) Through June 30, ~~2010~~2012, the following fee, on a per	63458
survey basis, shall be charged any person for services rendered by	63459
the state in the evaluation of laboratories and laboratory	63460
personnel for compliance with accepted analytical techniques and	63461
procedures established pursuant to Chapter 6109. of the Revised	63462
Code for determining the qualitative characteristics of water:	63463

microbiological			63464
	MMO-MUG	$2,000	63465
	MF	2,100	63466
	MMO-MUG and MF	2,550	63467
organic chemical		5,400	63468
trace metals		5,400	63469
standard chemistry		2,800	63470
limited chemistry		1,550	63471

On and after July 1, ~~2010~~2012, the following fee, on a per	63472
survey basis, shall be charged any such person:	63473

microbiological	$ 1,650	63474
organic chemicals	3,500	63475
trace metals	3,500	63476
standard chemistry	1,800	63477
limited chemistry	1,000	63478

The fee for those services shall be paid at the time the request	63479
for the survey is made. Through June 30, ~~2010~~ 2012, an individual	63480
laboratory shall not be assessed a fee under this division more	63481
than once in any three-year period unless the person requests the	63482
addition of analytical methods or analysts, in which case the	63483
person shall pay eighteen hundred dollars for each additional	63484
survey requested.	63485

As used in division (N)(3) of this section:

63486

(a) "MF" means microfiltration.

63487

(b) "MMO" means minimal medium ONPG.

63488

63489

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

63490

The director shall transmit all moneys collected under this	63491
division to the treasurer of state for deposit into the drinking	63492
water protection fund created in section 6109.30 of the Revised	63493
Code.	63494

(O) Any person applying to the director for examination for	63495
certification as an operator of a water supply system or	63496
wastewater system under Chapter 6109. or 6111. of the Revised	63497
Code, at the time the application is submitted, shall pay an	63498
application fee of forty-five dollars through November 30, ~~2010~~	63499
2012, and twenty-five dollars on and after December 1, ~~2010~~2012.	63500
Upon approval from the director that the applicant is eligible to	63501
take the examination therefor, the applicant shall pay a fee in	63502
accordance with the following schedule through November 30, ~~2010~~	63503
2012:	63504

Class A operator	$35	63505
Class I operator	60	63506
Class II operator	75	63507
Class III operator	85	63508
Class IV operator	100	63509

On and after December 1, ~~2010~~2012, the applicant shall pay a	63510
fee in accordance with the following schedule:	63511

Class A operator	$25	63512
Class I operator	$45	63513
Class II operator	55	63514
Class III operator	65	63515
Class IV operator	75	63516

A person shall pay a biennial certification renewal fee for	63517
each applicable class of certification in accordance with the	63518
following schedule:	63519

Class A operator	$25	63520
Class I operator	35	63521
Class II operator	45	63522
Class III operator	55	63523
Class IV operator	65	63524

If a certification renewal fee is received by the director	63525
more than thirty days, but not more than one year after the	63526
expiration date of the certification, the person shall pay a	63527
certification renewal fee in accordance with the following	63528
schedule:	63529

Class A operator	$45	63530
Class I operator	55	63531
Class II operator	65	63532
Class III operator	75	63533
Class IV operator	85	63534

A person who requests a replacement certificate shall pay a	63535
fee of twenty-five dollars at the time the request is made.	63536

The director shall transmit all moneys collected under this	63537
division to the treasurer of state for deposit into the drinking	63538
water protection fund created in section 6109.30 of the Revised	63539
Code.	63540

(P) Any person submitting an application for an industrial	63541
water pollution control certificate under section 6111.31 of the	63542
Revised Code, as that section existed before its repeal by H.B. 95	63543
of the 125th general assembly, shall pay a nonrefundable fee of	63544
five hundred dollars at the time the application is submitted. The	63545
director shall transmit all moneys collected under this division	63546
to the treasurer of state for deposit into the surface water	63547
protection fund created in section 6111.038 of the Revised Code. A	63548
person paying a certificate fee under this division shall not pay	63549
an application fee under division (S)(1) of this section. On and	63550
after June 26, 2003, persons shall file such applications and pay	63551
the fee as required under sections 5709.20 to 5709.27 of the	63552
Revised Code, and proceeds from the fee shall be credited as	63553
provided in section 5709.212 of the Revised Code.	63554

(Q) Except as otherwise provided in division (R) of this	63555
section, a person issued a permit by the director for a new solid	63556
waste disposal facility other than an incineration or composting	63557
facility, a new infectious waste treatment facility other than an	63558
incineration facility, or a modification of such an existing	63559
facility that includes an increase in the total disposal or	63560
treatment capacity of the facility pursuant to Chapter 3734. of	63561
the Revised Code shall pay a fee of ten dollars per thousand cubic	63562
yards of disposal or treatment capacity, or one thousand dollars,	63563
whichever is greater, except that the total fee for any such	63564
permit shall not exceed eighty thousand dollars. A person issued a	63565
modification of a permit for a solid waste disposal facility or an	63566
infectious waste treatment facility that does not involve an	63567
increase in the total disposal or treatment capacity of the	63568
facility shall pay a fee of one thousand dollars. A person issued	63569
a permit to install a new, or modify an existing, solid waste	63570
transfer facility under that chapter shall pay a fee of two	63571
thousand five hundred dollars. A person issued a permit to install	63572
a new or to modify an existing solid waste incineration or	63573
composting facility, or an existing infectious waste treatment	63574
facility using incineration as its principal method of treatment,	63575
under that chapter shall pay a fee of one thousand dollars. The	63576
increases in the permit fees under this division resulting from	63577
the amendments made by Amended Substitute House Bill 592 of the	63578
117th general assembly do not apply to any person who submitted an	63579
application for a permit to install a new, or modify an existing,	63580
solid waste disposal facility under that chapter prior to	63581
September 1, 1987; any such person shall pay the permit fee	63582
established in this division as it existed prior to June 24, 1988.	63583
In addition to the applicable permit fee under this division, a	63584
person issued a permit to install or modify a solid waste facility	63585
or an infectious waste treatment facility under that chapter who	63586
fails to pay the permit fee to the director in compliance with	63587
division (V) of this section shall pay an additional ten per cent	63588
of the amount of the fee for each week that the permit fee is	63589
late.	63590

Permit and late payment fees paid to the director under this	63591
division shall be credited to the general revenue fund.	63592

(R)(1) A person issued a registration certificate for a scrap	63593
tire collection facility under section 3734.75 of the Revised Code	63594
shall pay a fee of two hundred dollars, except that if the	63595
facility is owned or operated by a motor vehicle salvage dealer	63596
licensed under Chapter 4738. of the Revised Code, the person shall	63597
pay a fee of twenty-five dollars.	63598

(2) A person issued a registration certificate for a new	63599
scrap tire storage facility under section 3734.76 of the Revised	63600
Code shall pay a fee of three hundred dollars, except that if the	63601
facility is owned or operated by a motor vehicle salvage dealer	63602
licensed under Chapter 4738. of the Revised Code, the person shall	63603
pay a fee of twenty-five dollars.	63604

(3) A person issued a permit for a scrap tire storage	63605
facility under section 3734.76 of the Revised Code shall pay a fee	63606
of one thousand dollars, except that if the facility is owned or	63607
operated by a motor vehicle salvage dealer licensed under Chapter	63608
4738. of the Revised Code, the person shall pay a fee of fifty	63609
dollars.	63610

(4) A person issued a permit for a scrap tire monocell or	63611
monofill facility under section 3734.77 of the Revised Code shall	63612
pay a fee of ten dollars per thousand cubic yards of disposal	63613
capacity or one thousand dollars, whichever is greater, except	63614
that the total fee for any such permit shall not exceed eighty	63615
thousand dollars.	63616

(5) A person issued a registration certificate for a scrap	63617
tire recovery facility under section 3734.78 of the Revised Code	63618
shall pay a fee of one hundred dollars.	63619

(6) A person issued a permit for a scrap tire recovery	63620
facility under section 3734.78 of the Revised Code shall pay a fee	63621
of one thousand dollars.	63622

(7) In addition to the applicable registration certificate or	63623
permit fee under divisions (R)(1) to (6) of this section, a person	63624
issued a registration certificate or permit for any such scrap	63625
tire facility who fails to pay the registration certificate or	63626
permit fee to the director in compliance with division (V) of this	63627
section shall pay an additional ten per cent of the amount of the	63628
fee for each week that the fee is late.	63629

(8) The registration certificate, permit, and late payment	63630
fees paid to the director under divisions (R)(1) to (7) of this	63631
section shall be credited to the scrap tire management fund	63632
created in section 3734.82 of the Revised Code.	63633

(S)(1) Except as provided by divisions (L), (M), (N), (O),	63634
(P), and (S)(2) of this section, division (A)(2) of section	63635
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	63636
and rules adopted under division (T)(1) of this section, any	63637
person applying for a registration certificate under section	63638
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	63639
variance, or plan approval under Chapter 3734. of the Revised Code	63640
shall pay a nonrefundable fee of fifteen dollars at the time the	63641
application is submitted.	63642

Except as otherwise provided, any person applying for a	63643
permit, variance, or plan approval under Chapter 6109. or 6111. of	63644
the Revised Code shall pay a nonrefundable fee of one hundred	63645
dollars at the time the application is submitted through June 30,	63646
~~2010~~2012, and a nonrefundable fee of fifteen dollars at the time	63647
the application is submitted on and after July 1, ~~2010~~2012.	63648
Through June 30, ~~2010~~2012, any person applying for a national	63649
pollutant discharge elimination system permit under Chapter 6111.	63650
of the Revised Code shall pay a nonrefundable fee of two hundred	63651
dollars at the time of application for the permit. On and after	63652
July 1, ~~2010~~2012, such a person shall pay a nonrefundable fee of	63653
fifteen dollars at the time of application.	63654

In addition to the application fee established under division	63655
(S)(1) of this section, any person applying for a national	63656
pollutant discharge elimination system general storm water	63657
construction permit shall pay a nonrefundable fee of twenty	63658
dollars per acre for each acre that is permitted above five acres	63659
at the time the application is submitted. However, the per acreage	63660
fee shall not exceed three hundred dollars. In addition, any	63661
person applying for a national pollutant discharge elimination	63662
system general storm water industrial permit shall pay a	63663
nonrefundable fee of one hundred fifty dollars at the time the	63664
application is submitted.	63665

The director shall transmit all moneys collected under	63666
division (S)(1) of this section pursuant to Chapter 6109. of the	63667
Revised Code to the treasurer of state for deposit into the	63668
drinking water protection fund created in section 6109.30 of the	63669
Revised Code.	63670

The director shall transmit all moneys collected under	63671
division (S)(1) of this section pursuant to Chapter 6111. of the	63672
Revised Code to the treasurer of state for deposit into the	63673
surface water protection fund created in section 6111.038 of the	63674
Revised Code.	63675

If a registration certificate is issued under section	63676
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	63677
the application fee paid shall be deducted from the amount of the	63678
registration certificate fee due under division (R)(1), (2), or	63679
(5) of this section, as applicable.	63680

If a person submits an electronic application for a	63681
registration certificate, permit, variance, or plan approval for	63682
which an application fee is established under division (S)(1) of	63683
this section, the person shall pay the applicable application fee	63684
as expeditiously as possible after the submission of the	63685
electronic application. An application for a registration	63686
certificate, permit, variance, or plan approval for which an	63687
application fee is established under division (S)(1) of this	63688
section shall not be reviewed or processed until the applicable	63689
application fee, and any other fees established under this	63690
division, are paid.	63691

(2) Division (S)(1) of this section does not apply to an	63692
application for a registration certificate for a scrap tire	63693
collection or storage facility submitted under section 3734.75 or	63694
3734.76 of the Revised Code, as applicable, if the owner or	63695
operator of the facility or proposed facility is a motor vehicle	63696
salvage dealer licensed under Chapter 4738. of the Revised Code.	63697

(T) The director may adopt, amend, and rescind rules in	63698
accordance with Chapter 119. of the Revised Code that do all of	63699
the following:	63700

(1) Prescribe fees to be paid by applicants for and holders	63701
of any license, permit, variance, plan approval, or certification	63702
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	63703
the Revised Code that are not specifically established in this	63704
section. The fees shall be designed to defray the cost of	63705
processing, issuing, revoking, modifying, denying, and enforcing	63706
the licenses, permits, variances, plan approvals, and	63707
certifications.	63708

The director shall transmit all moneys collected under rules	63709
adopted under division (T)(1) of this section pursuant to Chapter	63710
6109. of the Revised Code to the treasurer of state for deposit	63711
into the drinking water protection fund created in section 6109.30	63712
of the Revised Code.	63713

The director shall transmit all moneys collected under rules	63714
adopted under division (T)(1) of this section pursuant to Chapter	63715
6111. of the Revised Code to the treasurer of state for deposit	63716
into the surface water protection fund created in section 6111.038	63717
of the Revised Code.	63718

(2) Exempt the state and political subdivisions thereof,	63719
including education facilities or medical facilities owned by the	63720
state or a political subdivision, or any person exempted from	63721
taxation by section 5709.07 or 5709.12 of the Revised Code, from	63722
any fee required by this section;	63723

(3) Provide for the waiver of any fee, or any part thereof,	63724
otherwise required by this section whenever the director	63725
determines that the imposition of the fee would constitute an	63726
unreasonable cost of doing business for any applicant, class of	63727
applicants, or other person subject to the fee;	63728

(4) Prescribe measures that the director considers necessary	63729
to carry out this section.	63730

(U) When the director reasonably demonstrates that the direct	63731
cost to the state associated with the issuance of a permit to	63732
install, license, variance, plan approval, or certification	63733
exceeds the fee for the issuance or review specified by this	63734
section, the director may condition the issuance or review on the	63735
payment by the person receiving the issuance or review of, in	63736
addition to the fee specified by this section, the amount, or any	63737
portion thereof, in excess of the fee specified under this	63738
section. The director shall not so condition issuances for which	63739
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	63740
section.	63741

(V) Except as provided in divisions (L), (M), and (P) of this	63742
section or unless otherwise prescribed by a rule of the director	63743
adopted pursuant to Chapter 119. of the Revised Code, all fees	63744
required by this section are payable within thirty days after the	63745
issuance of an invoice for the fee by the director or the	63746
effective date of the issuance of the license, permit, variance,	63747
plan approval, or certification. If payment is late, the person	63748
responsible for payment of the fee shall pay an additional ten per	63749
cent of the amount due for each month that it is late.	63750

(W) As used in this section, "fuel-burning equipment,"	63751
"fuel-burning equipment input capacity," "incinerator,"	63752
"incinerator input capacity," "process," "process weight rate,"	63753
"storage tank," "gasoline dispensing facility," "dry cleaning	63754
facility," "design flow discharge," and "new source treatment	63755
works" have the meanings ascribed to those terms by applicable	63756
rules or standards adopted by the director under Chapter 3704. or	63757
6111. of the Revised Code.	63758

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	63759
and (J) of this section, and in any other provision of this	63760
section pertaining to fees paid pursuant to Chapter 3704. of the	63761
Revised Code:	63762

(1) "Facility," "federal Clean Air Act," "person," and "Title	63763
V permit" have the same meanings as in section 3704.01 of the	63764
Revised Code.	63765

(2) "Title V permit program" means the following activities	63766
as necessary to meet the requirements of Title V of the federal	63767
Clean Air Act and 40 C.F.R. part 70, including at least:	63768

(a) Preparing and adopting, if applicable, generally	63769
applicable rules or guidance regarding the permit program or its	63770
implementation or enforcement;	63771

(b) Reviewing and acting on any application for a Title V	63772
permit, permit revision, or permit renewal, including the	63773
development of an applicable requirement as part of the processing	63774
of a permit, permit revision, or permit renewal;	63775

(c) Administering the permit program, including the	63776
supporting and tracking of permit applications, compliance	63777
certification, and related data entry;	63778

(d) Determining which sources are subject to the program and	63779
implementing and enforcing the terms of any Title V permit, not	63780
including any court actions or other formal enforcement actions;	63781

(e) Emission and ambient monitoring;

63782

(f) Modeling, analyses, or demonstrations;

63783

(g) Preparing inventories and tracking emissions;

63784

(h) Providing direct and indirect support to small business	63785
stationary sources to determine and meet their obligations under	63786
the federal Clean Air Act pursuant to the small business	63787
stationary source technical and environmental compliance	63788
assistance program required by section 507 of that act and	63789
established in sections 3704.18, 3704.19, and 3706.19 of the	63790
Revised Code.	63791

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	63792
of this section, each sewage sludge facility shall pay a	63793
nonrefundable annual sludge fee equal to three dollars and fifty	63794
cents per dry ton of sewage sludge, including the dry tons of	63795
sewage sludge in materials derived from sewage sludge, that the	63796
sewage sludge facility treats or disposes of in this state. The	63797
annual volume of sewage sludge treated or disposed of by a sewage	63798
sludge facility shall be calculated using the first day of January	63799
through the thirty-first day of December of the calendar year	63800
preceding the date on which payment of the fee is due.	63801

(2)(a) Except as provided in division (Y)(2)(d) of this	63802
section, each sewage sludge facility shall pay a minimum annual	63803
sewage sludge fee of one hundred dollars.	63804

(b) The annual sludge fee required to be paid by a sewage	63805
sludge facility that treats or disposes of exceptional quality	63806
sludge in this state shall be thirty-five per cent less per dry	63807
ton of exceptional quality sludge than the fee assessed under	63808
division (Y)(1) of this section, subject to the following	63809
exceptions:	63810

(i) Except as provided in division (Y)(2)(d) of this section,	63811
a sewage sludge facility that treats or disposes of exceptional	63812
quality sludge shall pay a minimum annual sewage sludge fee of one	63813
hundred dollars.	63814

(ii) A sewage sludge facility that treats or disposes of	63815
exceptional quality sludge shall not be required to pay the annual	63816
sludge fee for treatment or disposal in this state of exceptional	63817
quality sludge generated outside of this state and contained in	63818
bags or other containers not greater than one hundred pounds in	63819
capacity.	63820

A thirty-five per cent reduction for exceptional quality	63821
sludge applies to the maximum annual fees established under	63822
division (Y)(3) of this section.	63823

(c) A sewage sludge facility that transfers sewage sludge to	63824
another sewage sludge facility in this state for further treatment	63825
prior to disposal in this state shall not be required to pay the	63826
annual sludge fee for the tons of sewage sludge that have been	63827
transferred. In such a case, the sewage sludge facility that	63828
disposes of the sewage sludge shall pay the annual sludge fee.	63829
However, the facility transferring the sewage sludge shall pay the	63830
one-hundred-dollar minimum fee required under division (Y)(2)(a)	63831
of this section.	63832

In the case of a sewage sludge facility that treats sewage	63833
sludge in this state and transfers it out of this state to another	63834
entity for disposal, the sewage sludge facility in this state	63835
shall be required to pay the annual sludge fee for the tons of	63836
sewage sludge that have been transferred.	63837

(d) A sewage sludge facility that generates sewage sludge	63838
resulting from an average daily discharge flow of less than five	63839
thousand gallons per day is not subject to the fees assessed under	63840
division (Y) of this section.	63841

(3) No sewage sludge facility required to pay the annual	63842
sludge fee shall be required to pay more than the maximum annual	63843
fee for each disposal method that the sewage sludge facility uses.	63844
The maximum annual fee does not include the additional amount that	63845
may be charged under division (Y)(5) of this section for late	63846
payment of the annual sludge fee. The maximum annual fee for the	63847
following methods of disposal of sewage sludge is as follows:	63848

(a) Incineration: five thousand dollars;

63849

(b) Preexisting land reclamation project or disposal in a	63850
landfill: five thousand dollars;	63851

(c) Land application, land reclamation, surface disposal, or	63852
any other disposal method not specified in division (Y)(3)(a) or	63853
(b) of this section: twenty thousand dollars.	63854

(4)(a) In the case of an entity that generates sewage sludge	63855
or a sewage sludge facility that treats sewage sludge and	63856
transfers the sewage sludge to an incineration facility for	63857
disposal, the incineration facility, and not the entity generating	63858
the sewage sludge or the sewage sludge facility treating the	63859
sewage sludge, shall pay the annual sludge fee for the tons of	63860
sewage sludge that are transferred. However, the entity or	63861
facility generating or treating the sewage sludge shall pay the	63862
one-hundred-dollar minimum fee required under division (Y)(2)(a)	63863
of this section.	63864

(b) In the case of an entity that generates sewage sludge and	63865
transfers the sewage sludge to a landfill for disposal or to a	63866
sewage sludge facility for land reclamation or surface disposal,	63867
the entity generating the sewage sludge, and not the landfill or	63868
sewage sludge facility, shall pay the annual sludge fee for the	63869
tons of sewage sludge that are transferred.	63870

(5) Not later than the first day of April of the calendar	63871
year following March 17, 2000, and each first day of April	63872
thereafter, the director shall issue invoices to persons who are	63873
required to pay the annual sludge fee. The invoice shall identify	63874
the nature and amount of the annual sludge fee assessed and state	63875
the first day of May as the deadline for receipt by the director	63876
of objections regarding the amount of the fee and the first day of	63877
July as the deadline for payment of the fee.	63878

Not later than the first day of May following receipt of an	63879
invoice, a person required to pay the annual sludge fee may submit	63880
objections to the director concerning the accuracy of information	63881
regarding the number of dry tons of sewage sludge used to	63882
calculate the amount of the annual sludge fee or regarding whether	63883
the sewage sludge qualifies for the exceptional quality sludge	63884
discount established in division (Y)(2)(b) of this section. The	63885
director may consider the objections and adjust the amount of the	63886
fee to ensure that it is accurate.	63887

If the director does not adjust the amount of the annual	63888
sludge fee in response to a person's objections, the person may	63889
appeal the director's determination in accordance with Chapter	63890
119. of the Revised Code.	63891

Not later than the first day of June, the director shall	63892
notify the objecting person regarding whether the director has	63893
found the objections to be valid and the reasons for the finding.	63894
If the director finds the objections to be valid and adjusts the	63895
amount of the annual sludge fee accordingly, the director shall	63896
issue with the notification a new invoice to the person	63897
identifying the amount of the annual sludge fee assessed and	63898
stating the first day of July as the deadline for payment.	63899

Not later than the first day of July, any person who is	63900
required to do so shall pay the annual sludge fee. Any person who	63901
is required to pay the fee, but who fails to do so on or before	63902
that date shall pay an additional amount that equals ten per cent	63903
of the required annual sludge fee.	63904

(6) The director shall transmit all moneys collected under	63905
division (Y) of this section to the treasurer of state for deposit	63906
into the surface water protection fund created in section 6111.038	63907
of the Revised Code. The moneys shall be used to defray the costs	63908
of administering and enforcing provisions in Chapter 6111. of the	63909
Revised Code and rules adopted under it that govern the use,	63910
storage, treatment, or disposal of sewage sludge.	63911

(7) Beginning in fiscal year 2001, and every two years	63912
thereafter, the director shall review the total amount of moneys	63913
generated by the annual sludge fees to determine if that amount	63914
exceeded six hundred thousand dollars in either of the two	63915
preceding fiscal years. If the total amount of moneys in the fund	63916
exceeded six hundred thousand dollars in either fiscal year, the	63917
director, after review of the fee structure and consultation with	63918
affected persons, shall issue an order reducing the amount of the	63919
fees levied under division (Y) of this section so that the	63920
estimated amount of moneys resulting from the fees will not exceed	63921
six hundred thousand dollars in any fiscal year.	63922

If, upon review of the fees under division (Y)(7) of this	63923
section and after the fees have been reduced, the director	63924
determines that the total amount of moneys collected and	63925
accumulated is less than six hundred thousand dollars, the	63926
director, after review of the fee structure and consultation with	63927
affected persons, may issue an order increasing the amount of the	63928
fees levied under division (Y) of this section so that the	63929
estimated amount of moneys resulting from the fees will be	63930
approximately six hundred thousand dollars. Fees shall never be	63931
increased to an amount exceeding the amount specified in division	63932
(Y)(7) of this section.	63933

Notwithstanding section 119.06 of the Revised Code, the	63934
director may issue an order under division (Y)(7) of this section	63935
without the necessity to hold an adjudicatory hearing in	63936
connection with the order. The issuance of an order under this	63937
division is not an act or action for purposes of section 3745.04	63938
of the Revised Code.	63939

(8) As used in division (Y) of this section:

63940

(a) "Sewage sludge facility" means an entity that performs	63941
treatment on or is responsible for the disposal of sewage sludge.	63942

(b) "Sewage sludge" means a solid, semi-solid, or liquid	63943
residue generated during the treatment of domestic sewage in a	63944
treatment works as defined in section 6111.01 of the Revised Code.	63945
"Sewage sludge" includes, but is not limited to, scum or solids	63946
removed in primary, secondary, or advanced wastewater treatment	63947
processes. "Sewage sludge" does not include ash generated during	63948
the firing of sewage sludge in a sewage sludge incinerator, grit	63949
and screenings generated during preliminary treatment of domestic	63950
sewage in a treatment works, animal manure, residue generated	63951
during treatment of animal manure, or domestic septage.	63952

(c) "Exceptional quality sludge" means sewage sludge that	63953
meets all of the following qualifications:	63954

(i) Satisfies the class A pathogen standards in 40 C.F.R.	63955
503.32(a);	63956

(ii) Satisfies one of the vector attraction reduction	63957
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	63958

(iii) Does not exceed the ceiling concentration limitations	63959
for metals listed in table one of 40 C.F.R. 503.13;	63960

(iv) Does not exceed the concentration limitations for metals	63961
listed in table three of 40 C.F.R. 503.13.	63962

(d) "Treatment" means the preparation of sewage sludge for	63963
final use or disposal and includes, but is not limited to,	63964
thickening, stabilization, and dewatering of sewage sludge.	63965

(e) "Disposal" means the final use of sewage sludge,	63966
including, but not limited to, land application, land reclamation,	63967
surface disposal, or disposal in a landfill or an incinerator.	63968

(f) "Land application" means the spraying or spreading of	63969
sewage sludge onto the land surface, the injection of sewage	63970
sludge below the land surface, or the incorporation of sewage	63971
sludge into the soil for the purposes of conditioning the soil or	63972
fertilizing crops or vegetation grown in the soil.	63973

(g) "Land reclamation" means the returning of disturbed land	63974
to productive use.	63975

(h) "Surface disposal" means the placement of sludge on an	63976
area of land for disposal, including, but not limited to,	63977
monofills, surface impoundments, lagoons, waste piles, or	63978
dedicated disposal sites.	63979

(i) "Incinerator" means an entity that disposes of sewage	63980
sludge through the combustion of organic matter and inorganic	63981
matter in sewage sludge by high temperatures in an enclosed	63982
device.	63983

(j) "Incineration facility" includes all incinerators owned	63984
or operated by the same entity and located on a contiguous tract	63985
of land. Areas of land are considered to be contiguous even if	63986
they are separated by a public road or highway.	63987

(k) "Annual sludge fee" means the fee assessed under division	63988
(Y)(1) of this section.	63989

(l) "Landfill" means a sanitary landfill facility, as defined	63990
in rules adopted under section 3734.02 of the Revised Code, that	63991
is licensed under section 3734.05 of the Revised Code.	63992

(m) "Preexisting land reclamation project" means a	63993
property-specific land reclamation project that has been in	63994
continuous operation for not less than five years pursuant to	63995
approval of the activity by the director and includes the	63996
implementation of a community outreach program concerning the	63997
activity.	63998

Sec. 3745.50. As used in sections 3745.50 to 3745.58 of the	63999
Revised Code:	64000

(A) "State agency" means the department of administrative	64001
services, the department of agriculture, the department of	64002
commerce, the department of development, the department of	64003
education, the environmental protection agency, the department of	64004
health, the industrial commission, the department of insurance,	64005
the department of natural resources, the department of	64006
rehabilitation and correction, and the department of	64007
transportation.	64008

(B) "Environmental justice" means the fair treatment of all	64009
people regardless of race, color, national origin, educational	64010
level, or income with respect to the development, implementation,	64011
and enforcement of laws related to human health or the	64012
environment, and rules and policies adopted under those laws, and	64013
with respect to compliance with those laws, rules, and policies by	64014
state agencies.	64015

(C) "Fair treatment" means policies and practices that ensure	64016
that no group of people, including racial, ethnic, or	64017
socio-economic groups, bears disproportionately high and adverse	64018
human health or environmental effects resulting from the	64019
implementation of laws related to human health or the environment	64020
and rules and policies adopted under those laws.	64021

Sec. 3745.51. (A) The head of a state agency shall appoint	64022
an employee of the state agency to serve as the environmental	64023
justice coordinator for the state agency. An environmental justice	64024
coordinator shall be a part of the senior management of the state	64025
agency. An environmental justice coordinator shall be appointed	64026
for a period of three years. A vacancy in the position of	64027
environmental justice coordinator shall be filled in the same	64028
manner as the original appointment. An environmental justice	64029
coordinator may be reappointed.	64030

(B) A state agency environmental justice coordinator shall do	64031
all of the following:	64032

(1) Promote compliance with or implementation and enforcement	64033
of applicable laws related to human health or the environment and	64034
rules and policies adopted under those laws to ensure, to the	64035
extent possible, the fair treatment of all people;	64036

(2) Promote public participation with regard to the state	64037
agency's compliance with or implementation and enforcement of	64038
applicable laws related to human health or the environment and	64039
rules and policies adopted under those laws, in particular, public	64040
participation by racial and ethnic minority populations and	64041
low-income populations;	64042

(3) Implement recommendations of the environmental justice	64043
task force created in section 3745.53 of the Revised Code and the	64044
environmental justice advisory commission created in section	64045
3745.54 of the Revised Code;	64046

(4) Oversee the programs, policies, and activities of the	64047
state agency to ensure that those programs, policies, and	64048
activities that substantially affect human health or the	64049
environment are conducted in a manner that results in the fair	64050
treatment of all people;	64051

(5) Coordinate the implementation of and provide for agency	64052
environmental justice strategies;	64053

(6) Consult with and review information received from the	64054
environmental justice task force for the purpose of assisting the	64055
environmental justice coordinator in meeting the requirements of	64056
division (B) of this section.	64057

Sec. 3745.52. A state agency, under the direction of its	64058
environmental justice coordinator, shall do all of the following:	64059

(A) Conduct any programs or activities and implement any	64060
policies that substantially affect human health or the environment	64061
in a manner that ensures the fair treatment of all people;	64062

(B) Promote the enforcement of and compliance with any	64063
applicable laws related to human health or the environment and	64064
rules or policies adopted under those laws in a manner that	64065
ensures the fair treatment of all people;	64066

(C) Ensure public participation with regard to the state	64067
agency's compliance with or implementation and enforcement of	64068
applicable laws related to human health or the environment and	64069
rules and policies adopted under those laws, in particular, public	64070
participation by racial and ethnic minority populations and	64071
low-income populations;	64072

(D) Improve research and data collection regarding the	64073
agency's compliance with or implementation and enforcement of	64074
applicable laws related to human health or the environment and any	64075
rules and policies adopted under those laws;	64076

(E) For the purpose of providing assistance and resources to	64077
economically and environmentally distressed communities,	64078
coordinate environmental justice-related activities with the	64079
United States environmental protection agency's working group on	64080
environmental justice.	64081

Sec. 3745.53. There is hereby created the environmental	64082
justice task force consisting of all of the environmental justice	64083
coordinators from state agencies. The task force shall convene its	64084
first meeting not later than ninety days after the effective date	64085
of this section. At that meeting, the task force shall elect a	64086
chairperson and a vice-chairperson who each shall serve a term of	64087
two years. The chairperson or vice-chairperson may be reelected.	64088
After the first meeting, the task force shall hold meetings at	64089
least once every three months. The task force shall do all of the	64090
following:	64091

(A) Develop strategies for identifying and addressing gaps in	64092
existing state programs, policies, or activities that may impede	64093
the achievement of environmental justice;	64094

(B) Recommend procedures and provide guidance to state agency	64095
environmental justice coordinators for the implementation and	64096
coordination of environmental justice strategies;	64097

(C) Recommend procedures to state agency environmental	64098
justice coordinators for collecting, maintaining, analyzing, and	64099
coordinating information relating to environmental justice	64100
strategies;	64101

(D) Recommend procedures to state agency environmental	64102
justice coordinators to ensure that public documents and notices	64103
related to human health or the environment are concise,	64104
understandable, and readily accessible to the public. The	64105
recommendations shall include guidance for determining when it is	64106
appropriate for a state agency to translate crucial public	64107
documents and notices related to human health or the environment	64108
into languages other than English or conduct public hearings in	64109
languages other than English.	64110

(E) Develop a comprehensive inventory, by county, of all	64111
facilities requiring environmental permits and an inventory of all	64112
closed or abandoned solid waste landfills, construction and	64113
demolition debris facilities, hazardous waste disposal locations,	64114
brownfield sites, and property that is subject to the	64115
"Comprehensive Environmental Response, Compensation, and Liability	64116
Act of 1980," 94 Stat. 2779, 42 U.S.C. 9601, as amended, and	64117
regulations adopted under it;	64118

(F) Review state laws related to human health or the	64119
environment and rules and policies adopted under those laws to	64120
determine if they adequately identify, evaluate, and prevent the	64121
inequitable distribution of adverse human health and environmental	64122
impacts;	64123

(G) Make recommendations to the environmental justice	64124
advisory commission created in section 3745.54 of the Revised Code	64125
regarding statutory or regulatory changes that would enhance the	64126
state's policies regarding environmental justice.	64127

Sec. 3745.54. (A) There is hereby created the environmental	64128
justice advisory commission consisting of the following members:	64129

(1) The director of environmental protection or the	64130
director's designee;	64131

(2) Six members appointed by the governor as follows:

64132

(a) Two representatives of local or regional land use	64133
planning agencies;	64134

(b) Two members representing local air pollution control	64135
authorities, county sewer districts, or regional water and sewer	64136
districts;	64137

(c) Two members representing statewide environmental advocacy	64138
organizations.	64139

(3) Six members appointed by the president of the senate as	64140
follows:	64141

(a) Two members representing the business community;

64142

(b) Two members representing local health, social service, or	64143
public interest organizations;	64144

(c) Two members from institutions of higher education with	64145
expertise in environmental justice issues.	64146

(4) Ten members appointed by the speaker of the house of	64147
representatives as follows:	64148

(a) Six members representing groups from communities that are	64149
particularly impacted by environmental contamination, including	64150
representatives of low-income communities and communities	64151
consisting of racial and ethnic minority populations. Members	64152
appointed under division (A)(4)(a) of this section may be from	64153
nonprofit advocacy groups concerned with health and the	64154
environment in low-income communities and communities consisting	64155
of racial and ethnic minority populations.	64156

(b) Two members representing civil rights organizations;

64157

64158

(d) One member representing labor organizations.

64159

(B) Each member appointed to the advisory commission under	64160
division (A) of this section shall be appointed for a two-year	64161
term, except that each member appointed under division (A)(4)(a)	64162
of this section shall be appointed for a four-year term. Each	64163
member shall hold office from the date of appointment until the	64164
end of the term for which the member was appointed.	64165

Members may be reappointed. Members shall not be appointed	64166
for a period longer than two successive terms. Terms shall be	64167
considered successive unless separated by a period of four or more	64168
years for a member appointed under division (A)(4)(a) of this	64169
section or a period of two or more years for all other appointed	64170
members. Vacancies shall be filled in the manner provided for	64171
original appointments. Any member appointed to fill a vacancy	64172
occurring prior to the expiration date of the term for which the	64173
member was appointed shall serve for the remainder of that term.	64174
A member shall continue to serve subsequent to the expiration	64175
date of the member's term until the member's successor takes	64176
office or until a period of sixty days has elapsed, whichever	64177
occurs first. A member of the advisory commission may be removed	64178
by the member's appointing authority for inefficiency,	64179
malfeasance, misfeasance, or nonfeasance.	64180

Members of the advisory commission shall receive no	64181
compensation, but shall be reimbursed for their actual and	64182
necessary expenses incurred in the course of the performance of	64183
their duties as members of the advisory commission, including lost	64184
wages and mileage. Serving as a member of the commission does not	64185
constitute holding a public office or position of employment	64186
under the laws of this state and does not constitute grounds for	64187
removal of public officers or employees from their offices or	64188
positions of employment. The environmental protection agency	64189
shall provide office space and technical and administrative	64190
assistance to the advisory commission.	64191

(C) The advisory commission shall elect, by majority vote,	64192
one of its members to serve as chairperson. The chairperson shall	64193
facilitate and preside over meetings. The advisory commission also	64194
shall elect, by majority vote, one of its members as a liaison to	64195
the governor and one of its members as a liaison to the	64196
environmental justice task force.	64197

The advisory commission may form subcommittees to address	64198
specific environmental justice program areas.	64199

(D) The advisory commission shall do all of the following:

64200

(1) Coordinate with, provide guidance to, and serve as an	64201
information clearinghouse for state agency environmental justice	64202
coordinators, the environmental justice task force created in	64203
section 3745.53 of the Revised Code, and the environmental justice	64204
ombudsperson created in section 3745.57 of the Revised Code	64205
regarding environmental justice issues;	64206

(2) Assist state agencies and the environmental justice task	64207
force in the development of environmental justice strategies that	64208
will help to ensure that state government programs, activities,	64209
and policies are administered, interpreted, and enforced	64210
consistently, effectively, and fairly;	64211

(3) Appoint subcommittees for the purpose of holding public	64212
meetings throughout each area of the state to receive comments and	64213
recommendations from citizens on the development of issue and	64214
community specific environmental justice strategies. The	64215
subcommittees shall hold not fewer than ten meetings throughout	64216
the state.	64217

(4) Recommend statutory or regulatory changes to the governor	64218
or the general assembly, as applicable, that would enhance the	64219
state's environmental justice policies;	64220

(5) Make recommendations to the governor and the	64221
environmental justice task force regarding the implementation of	64222
environmental justice strategies;	64223

(6) Develop environmental justice guidance documents for use	64224
by state agencies in developing and implementing environmental	64225
justice strategies;	64226

(7) Conduct public meetings to receive and respond to public	64227
comments regarding any recommendations that are required to be	64228
made under division (D) of this section. The advisory commission	64229
shall provide appropriate public notice of each public meeting not	64230
later than sixty days prior to the meeting.	64231

(8) Submit a report of the activities and findings of the	64232
advisory commission at least semiannually to the governor, general	64233
assembly, and the environmental justice task force;	64234

(9) Create and oversee the office of the advocate for	64235
environmental justice and assign duties and tasks to the office	64236
consistent with the duties established in section 3745.55 of the	64237
Revised Code;	64238

(10) Determine and locate office space for the environmental	64239
justice ombudsperson.	64240

Sec. 3745.55. The office of the advocate for environmental	64241
justice created under division (D)(9) of section 3745.54 of the	64242
Revised Code shall do all of the following:	64243

(A) Perform all duties and tasks assigned to it by the	64244
environmental justice advisory commission created in section	64245
3745.54 of the Revised Code;	64246

(B) Take actions necessary to provide education and training	64247
regarding environmental justice to elected officials, employees of	64248
state agencies, and members of the public;	64249

(C) Coordinate and conduct meetings with members of local	64250
communities and state agencies and elected officials regarding	64251
environmental justice issues;	64252

(D) Establish a web site that provides all of the following:

64253

(1) An explanation of the duties of the office of the	64254
advocate for environmental justice;	64255

(2) A listing of notices of violations issued by the	64256
environmental protection agency and other state agencies under	64257
laws related to human health or the environment;	64258

(3) A listing of permit applications that are submitted to	64259
the environmental protection agency and other state agencies under	64260
laws related to human health or the environment;	64261

(4) Any other information that the office of the advocate for	64262
environmental justice determines to be appropriate for inclusion	64263
on its web site.	64264

(E) Gather background information regarding permit applicants	64265
as provided in section 3745.56 of the Revised Code;	64266

(F) Establish partnerships with universities, colleges,	64267
nonprofit organizations, libraries, and professional	64268
organizations.	64269

Sec. 3745.56. (A) At the same time that an application for a	64270
permit for a facility or a proposed facility is submitted under	64271
Chapter 3704. or 6111. of the Revised Code to the director of	64272
environmental protection, the owner or operator of the facility or	64273
proposed facility shall submit the following to the office of the	64274
advocate for environmental justice created under division (D)(9)	64275
of section 3745.54 of the Revised Code:	64276

(1) A listing of all facilities permitted under Chapter 3704.	64277
or 6111. of the Revised Code that the owner or operator or a key	64278
employee of the owner or operator has operated or is operating in	64279
this state;	64280

(2) A listing of facilities that the owner or operator or a	64281
key employee of the owner or operator has operated or is operating	64282
elsewhere in the United States for which a permit or permits have	64283
been issued that are equivalent in nature to permits issued under	64284
Chapter 3704. or 6111. of the Revised Code together with a listing	64285
of such facilities that the owner or operator or a key employee of	64286
the owner or operator has operated or is operating outside the	64287
United States;	64288

(3) A listing of all administrative enforcement orders issued	64289
to the owner or operator or a key employee of the owner or	64290
operator, all civil actions in which the owner or operator or a	64291
key employee of the owner or operator was determined by the trier	64292
of fact to be liable in damages or was the subject of injunctive	64293
relief or another type of civil relief, and all criminal actions	64294
in which the owner or operator or a key employee of the owner or	64295
operator pleaded guilty or was convicted, during the ten years	64296
immediately preceding the submission of the application, in	64297
connection with any violation by the owner or operator or a key	64298
employee of the owner or operator of an applicable state or	64299
federal law pertaining to environmental protection or the	64300
environmental laws of another country;	64301

(4) A listing of all administrative enforcement orders, civil	64302
actions, or criminal actions pending at the time of the submission	64303
of the application for a permit under Chapter 3704. or 6111. of	64304
the Revised Code in connection with a violation of any applicable	64305
state or federal law or law of another country pertaining to	64306
environmental protection that was alleged to have been committed	64307
by the owner or operator or a key employee of the owner or	64308
operator.	64309

The lists of facilities operated by the owner or operator or	64310
a key employee of the owner or operator within or outside this	64311
state or outside the United States shall include all such	64312
facilities operated by the owner or operator or a key employee of	64313
the owner or operator during the ten-year period immediately	64314
preceding the submission of the application.	64315

(B) After the submission of information under division (A) of	64316
this section, the office of the advocate for environmental justice	64317
shall forward copies of the information to the director of	64318
environmental protection. The office of the advocate for	64319
environmental justice may make recommendations to the director	64320
regarding the approval or disapproval of an application for a	64321
permit under Chapter 3704. or 6111. of the Revised Code based on	64322
information received by the office under this section.	64323

(C) If an applicant for a permit under Chapter 3704. or 6111.	64324
of the Revised Code has been involved in any prior activity	64325
involving the operation of a facility for which permits have been	64326
issued under Chapter 3704. or 6111. of the Revised Code or an	64327
equivalent permit under the jurisdiction of another state, the	64328
United States, or another country, the director of environmental	64329
protection may deny the application if the director finds from the	64330
application, the information submitted under division (A) of this	64331
section, pertinent information submitted to the director,	64332
information included with recommendations made by the office of	64333
the advocate for environmental justice, and other pertinent	64334
information obtained by the director at the director's discretion	64335
that the applicant or any other person listed on the application,	64336
in the operation of facilities in this state, another state, or	64337
another country, has a history of substantial noncompliance with	64338
state and federal laws pertaining to environmental protection or	64339
the environmental laws of another country that indicates that the	64340
applicant lacks sufficient reliability, expertise, and competence	64341
to operate the facility or proposed facility in substantial	64342
compliance with Chapter 3704. or 6111. of the Revised Code and	64343
rules adopted under either chapter, as applicable.	64344

(D) A person to whom a permit issued under Chapter 3704. or	64345
6111. of the Revised Code is proposed to be transferred shall	64346
submit to the office of the advocate for environmental justice the	64347
information that is required to be submitted under division (A) of	64348
this section by an applicant for a permit under those chapters not	64349
later than one hundred twenty days prior to the proposed	64350
acquisition of the facility by the transferee. The office of the	64351
advocate for environmental justice shall transfer a copy of the	64352
information to the director. The director may deny the transfer of	64353
the permit if the information regarding the transferee indicates	64354
any of the reasons specified in division (C) of this section for	64355
the denial of an application for a permit.	64356

(E) When the owner or operator of a facility permitted under	64357
Chapter 3704. or 6111. of the Revised Code employs a new key	64358
employee, the owner or operator shall submit or shall require the	64359
new key employee to submit to the office of the advocate for	64360
environmental justice information regarding the new key employee	64361
that is required to be submitted under division (A) of this	64362
section by an applicant for a permit issued under Chapter 3704. or	64363
6111. of the Revised Code. The office of the advocate for	64364
environmental justice shall transfer a copy of the information to	64365
the director. The director may revoke any applicable permits for	64366
the facility issued under Chapter 3704. or 6111. of the Revised	64367
Code if the information regarding the new key employee indicates	64368
any of the reasons specified in division (C) of this section for	64369
the denial of an application for a permit.	64370

(F) As used in this section, "key employee" means an	64371
individual employed by the owner or operator of a facility or a	64372
proposed facility who has submitted an application for a permit	64373
for the facility under Chapter 3704. or 6111. of the Revised Code,	64374
or by the proposed transferee of such a permit, in a supervisory	64375
capacity or who is empowered to make discretionary management	64376
decisions with respect to the operations of the applicant or	64377
transferee.	64378

Sec. 3745.57. (A) There is created the environmental justice	64379
ombudsperson who shall be appointed by the governor with the	64380
advice and consent of the senate. The environmental justice	64381
ombudsperson shall serve during the term of the appointing	64382
governor and is subject to removal at the pleasure of the	64383
governor.	64384

(B) The environmental justice ombudsperson shall do all of	64385
the following:	64386

(1) Act as a liaison between the citizens of this state and a	64387
state agency regarding environmental justice issues;	64388

(2) Furnish information and assistance to persons concerning	64389
state laws and rules that are relevant to environmental justice.	64390
In conjunction with those duties, the ombudsperson shall keep a	64391
record of all state agency rules that are relevant to	64392
environmental justice and may testify before the joint committee	64393
on agency rule review concerning any proposed rule that is	64394
relevant to environmental justice.	64395

(3) Receive complaints from citizens of this state concerning	64396
state agency activity, compile and analyze those complaints, and	64397
periodically make recommendations to the governor and the general	64398
assembly on changes in state laws or agency rules that are needed	64399
to promote environmental justice;	64400

(4) Receive complaints or questions from citizens of this	64401
state concerning environmental justice and direct those citizens	64402
to the appropriate state agency. If, within a reasonable period of	64403
time, a complaint is not satisfactorily resolved or a question is	64404
not satisfactorily answered, the ombudsperson shall make every	64405
effort to secure a satisfactory result on behalf of the citizen.	64406
For that purpose, the ombudsperson may consult with any state	64407
agency and may make any suggestion or request that is appropriate.	64408

(5) Represent a citizen's concerns regarding environmental	64409
justice before a state agency;	64410

(6) Utilize, to the maximum extent possible, the printed and	64411
electronic media to disseminate information regarding	64412
environmental justice of current concern and interest to the	64413
citizens of this state and to make known to the citizens the	64414
services that are available through the ombudsperson;	64415

(7) Maintain and publicize a toll-free telephone number that	64416
the citizens of this state may call to reach the ombudsperson.	64417

(C) The ombudsperson, upon the request of a state agency,	64418
shall assist the agency with the preparation of any rule that	64419
substantially will affect human health or the environment to	64420
ensure the fair treatment of all people.	64421

(D) The ombudsperson shall be located in office space that is	64422
selected by the environmental justice advisory commission under	64423
division (D)(10) of section 3745.54 of the Revised Code.	64424

Sec. 3745.58. (A) There is hereby created in the state	64425
treasury the environmental justice fund consisting of money	64426
appropriated to the fund, money transferred to the fund from the	64427
general revenue fund, and money transferred to the fund in	64428
accordance with division (B) of this section.	64429

(B) The director of environmental protection shall annually	64430
determine the funding needs of the environmental justice advisory	64431
commission created in section 3745.54 of the Revised Code, the	64432
office of the advocate for environmental justice created under	64433
division (D)(9) of that section, and the environmental justice	64434
ombudsperson created in section 3745.58 of the Revised Code. Upon	64435
making the determination, the director shall request the director	64436
of budget and management to transfer the amount of money that the	64437
director has determined is needed from funds administered by the	64438
environmental protection agency to the environmental justice	64439
fund. Notwithstanding any provision of the Revised Code to the	64440
contrary, the director of budget and management shall comply with	64441
the request.	64442

(C) Money in the environmental justice fund shall be used to	64443
fund the operations of the environmental justice advisory	64444
commission, the office of the advocate for environmental justice,	64445
and the environmental justice ombudsperson.	64446

Sec. 3748.01. As used in this chapter:

64447

(A) "Byproduct material" means either of the following:

64448

(1) Any radioactive material, except special nuclear	64449
material, yielded in or made radioactive by exposure to radiation	64450
incident to the process of producing or utilizing special nuclear	64451
material;	64452

(2) The tailings or wastes produced by the extraction or	64453
concentration of uranium or thorium from any ore processed	64454
primarily for its source material content.	64455

(B) "Certified radiation expert" means an individual who has	64456
complied with all of the following:	64457

(1) Applied to the director of health for certification as a	64458
radiation expert under section 3748.12 of the Revised Code;	64459

(2) Met minimum education and experience requirements	64460
established in rules adopted under division (C) of section 3748.04	64461
of the Revised Code;	64462

(3) Been granted a certificate as a radiation expert by the	64463
director under section 3748.12 of the Revised Code.	64464

(C) "Closure" or "site closure" refers to a facility for the	64465
disposal of low-level radioactive waste or a byproduct material	64466
site, as "byproduct material" is defined in division (A)(2) of	64467
this section, and means all activities performed at a licensed	64468
operation, such as stabilization and contouring, to ensure that	64469
the site where the operation occurred is in a stable condition so	64470
that only minor custodial care, surveillance, and monitoring are	64471
necessary at the site following the termination of the licensed	64472
operation.	64473

(D) "Decommissioning" means to safely remove any licensed	64474
operation from service and reduce residual radioactivity to a	64475
level that permits release of the licensee's property for	64476
unrestricted use. With regard to a facility for the disposal of	64477
low-level radioactive waste or a byproduct material site, as	64478
"byproduct material" is defined in division (A)(2) of this	64479
section, "decommissioning" does not include the reduction of	64480
residual radioactivity to a level that permits release of the	64481
facility for unrestricted use.	64482

(E) "Director of health" includes a designee or authorized	64483
representative of the director.	64484

(F) "Disposal," with regard to low-level radioactive waste,	64485
means the permanent isolation of that waste in accordance with	64486
requirements established by the United States nuclear regulatory	64487
commission or the licensing agreement state.	64488

(G) "Disposal site" means that portion of a facility that is	64489
used for the disposal of low-level radioactive waste and that	64490
consists of disposal units and a buffer zone. "Disposal unit"	64491
means a discrete portion of such a facility into which low-level	64492
radioactive waste is placed for disposal.	64493

(H)(1) Except as provided in division (H)(2) of this section,	64494
"facility" means the state, any political subdivision, person,	64495
public or private institution, or group, or any unit of one of	64496
those entities, but does not include the federal government or any	64497
of its agencies.	64498

(2) For the purposes of the disposal of low-level radioactive	64499
waste, "facility" has the same meaning as in section 3747.01 of	64500
the Revised Code.	64501

(I) "Handle" means receive, possess, use, store, transfer,	64502
install, service, or dispose of sources of radiation unless	64503
possession is solely for the purpose of transportation.	64504

(J) "Handler" means a facility that handles sources of	64505
radiation unless possession is solely for the purpose of	64506
transportation.	64507

(K) "Inspection" means an official review, examination, or	64508
observation, including, without limitation, tests, surveys, and	64509
monitoring, that is used to determine compliance with rules,	64510
orders, requirements, and conditions of the department of health	64511
and that is conducted by the director of health.	64512

(L) "Low-level radioactive waste" has the same meaning as in	64513
section 3747.01 of the Revised Code with regard to the disposal of	64514
low-level radioactive waste. In regard to regulatory control at	64515
locations other than a disposal facility, "low-level radioactive	64516
waste" has the same meaning as in 42 U.S.C.A. 2021b.	64517

(M) "Quality assurance program" means a program providing for	64518
verification by written procedures such as testing, auditing, and	64519
inspection to ensure that deficiencies, deviations, defective	64520
equipment, or unsafe practices, or a combination thereof, relating	64521
to the use, disposal, management, or manufacture of radiation	64522
sources are identified, promptly corrected, and reported to the	64523
appropriate regulatory authorities.	64524

(N) "Radiation" means ionizing and nonionizing radiation.

64525

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	64526
and beta particles, high-speed electrons, neutrons, protons, and	64527
other nuclear particles, but does not include sound or radio waves	64528
or visible, infrared, or ultraviolet light.	64529

(2) "Nonionizing radiation" means any electromagnetic	64530
radiation, other than ionizing electromagnetic radiation, or any	64531
sonic, ultrasonic, or infrasonic wave.	64532

(O) "Radioactive material" means any solid, liquid, or	64533
gaseous material that emits ionizing radiation spontaneously.	64534
"Radioactive material" includes accelerator-produced and naturally	64535
occurring materials and byproduct, source, and special nuclear	64536
material.	64537

(P) "Radiation-generating equipment" means any manufactured	64538
product or device, or component of such a product or device, or	64539
any machine or system that during operation can generate or emit	64540
radiation, except those that emit radiation only from radioactive	64541
material. "Radiation-generating equipment" does not include either	64542
of the following:	64543

(1) Diathermy machines;

64544

(2) Microwave ovens, including food service microwave ovens	64545
used for commercial and industrial uses, television receivers,	64546
electric lamps, and other household appliances and products that	64547
generate very low levels of radiation.	64548

(Q) "Source material" means uranium, thorium, or any	64549
combination thereof in any physical or chemical form, or any ores	64550
that contain by weight at least one-twentieth of one per cent of	64551
uranium, thorium, or any combination thereof. "Source material"	64552
does not include special nuclear material.	64553

(R) "Source of radiation" means radioactive material or	64554
radiation-generating equipment.	64555

(S) "Special nuclear material" means either of the following:

64556

(1) Plutonium, uranium 233, uranium enriched in the isotope	64557
233 or in the isotope 235, and any other material that the United	64558
States nuclear regulatory commission determines to be special	64559
nuclear material, but does not include source material pursuant to	64560
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	64561
U.S.C.A. 2071."	64562

(2) Except for any source material, any material artificially	64563
enriched by any of the materials identified in division (S)(1) of	64564
this section.	64565

(T) "Storage" means the retention of radioactive materials,	64566
including low-level radioactive waste, prior to disposal in a	64567
manner that allows for surveillance, control, and subsequent	64568
retrieval.	64569

(U) "Medical practitioner" means a person who is authorized	64570
pursuant to Chapter 4715. of the Revised Code to practice	64571
dentistry; pursuant to Chapter 4731. of the Revised Code to	64572
practice medicine and surgery, osteopathic medicine and surgery,	64573
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	64574
the Revised Code to practice chiropractic.	64575

(V) "Medical-practitioner group" means a corporation,	64576
partnership, or other business entity, other than a hospital as	64577
defined in section 3727.01 of the Revised Code, consisting of	64578
medical practitioners.	64579

Sec. 3748.04. The public health council, in accordance with	64580
Chapter 119. of the Revised Code, shall adopt and may amend or	64581
rescind rules doing all of the following:	64582

(A) Listing types of radioactive material for which licensure	64583
by its handler is required and types of radiation-generating	64584
equipment for which registration by its handler is required, and	64585
establishing requirements governing them. Rules adopted under	64586
division (A) of this section shall be compatible with applicable	64587
federal regulations and shall establish all of the following,	64588
without limitation:	64589

(1) Requirements governing both of the following:

64590

(a) The licensing and inspection of handlers of radioactive	64591
material. Standards established in rules adopted under division	64592
(A)(1)(a) of this section regarding byproduct material or any	64593
activity that results in the production of that material, to the	64594
extent practicable, shall be equivalent to or more stringent than	64595
applicable standards established by the United States nuclear	64596
regulatory commission.	64597

(b) The registration and inspection of handlers of	64598
radiation-generating equipment. Standards established in rules	64599
adopted under division (A)(1)(b) of this section, to the extent	64600
practicable, shall be equivalent to applicable standards	64601
established by the food and drug administration in the United	64602
States department of health and human services.	64603

(2) Identification of and requirements governing possession	64604
and use of specifically licensed and generally licensed quantities	64605
of radioactive material as either sealed sources or unsealed	64606
sources;	64607

(3) A procedure for the issuance of and the frequency of	64608
renewal of the licenses of handlers of radioactive material, other	64609
than a license for a facility for the disposal of low-level	64610
radioactive waste, and of the certificates of registration of	64611
handlers of radiation-generating equipment;	64612

(4) Procedures for suspending and revoking the licenses of	64613
handlers of radioactive material and the certificates of	64614
registration of handlers of radiation-generating equipment;	64615

(5) Criteria to be used by the director of health in amending	64616
the license of a handler of radioactive material or the	64617
certificate of registration of a handler of radiation-generating	64618
equipment subsequent to its issuance;	64619

(6) Criteria for achieving and maintaining compliance with	64620
this chapter and rules adopted under it by licensees and	64621
registrants;	64622

(7) Criteria governing environmental monitoring of licensed	64623
and registered activities to assess compliance with this chapter	64624
and rules adopted under it;	64625

(8) ~~Except as otherwise provided in division (A)(8) of this~~	64626
~~section, fees~~Fees for ~~the~~both of the following:	64627

(a) The licensing of handlers ~~of radioactive material~~, other	64628
than ~~a facility~~facilities for the disposal of low-level	64629
radioactive waste, ~~and the~~of radioactive material;	64630

(b) The registration of handlers, other than facilities that	64631
are, or are operated by, medical practitioners or	64632
medical-practitioner groups, of radiation-generating equipment ~~and~~	64633
a.	64634

(9) A fee schedule for ~~their~~both of the following that	64635
includes fees for reviews, conducted during an inspection, of	64636
shielding plans or the adequacy of shielding:	64637

(a) The inspection of handlers of radioactive material;

64638

(b) The inspection of handlers, other than facilities that	64639
are, or are operated by, medical practitioners or	64640
medical-practitioner groups, of radiation-generating equipment.	64641
~~Rules adopted under division (A)(8) of this section shall not~~	64642
~~revise any fees established in section 3748.07 or 3748.13 of the~~	64643
~~Revised Code to be paid by any handler of radiation-generating~~	64644
~~equipment that is a medical practitioner or a corporation,~~	64645
~~partnership, or other business entity consisting of medical~~	64646
~~practitioners, other than a hospital as defined in section~~	64647
~~3727.01 of the Revised Code.~~	64648

~~As used in division (A)(8) of this section, "medical~~	64649
~~practitioner" means a person who is authorized to practice~~	64650
~~dentistry pursuant to Chapter 4715. of the Revised Code; medicine~~	64651
~~and surgery, osteopathic medicine and surgery, or podiatry~~	64652
~~pursuant to Chapter 4731. of the Revised Code; or chiropractic~~	64653
~~pursuant to Chapter 4734. of the Revised Code.~~	64654

(B)(1) Identifying sources of radiation, circumstances of	64655
possession, use, or disposal of sources of radiation, and levels	64656
of radiation that constitute an unreasonable or unnecessary risk	64657
to human health or the environment;	64658

(2) Establishing requirements for the achievement and	64659
maintenance of compliance with standards for the receipt,	64660
possession, use, storage, installation, transfer, servicing, and	64661
disposal of sources of radiation to prevent levels of radiation	64662
that constitute an unreasonable or unnecessary risk to human	64663
health or the environment;	64664

(3) Requiring the maintenance of records on the receipt, use,	64665
storage, transfer, and disposal of radioactive material and on the	64666
radiological safety aspects of the use and maintenance of	64667
radiation-generating equipment.	64668

In adopting rules under divisions (A) and (B) of this	64669
section, the council shall use standards no less stringent than	64670
the "suggested state regulations for control of radiation"	64671
prepared by the conference of radiation control program directors,	64672
inc., and regulations adopted by the United States nuclear	64673
regulatory commission, the United States environmental protection	64674
agency, and the United States department of health and human	64675
services and shall consider reports of the national council on	64676
radiation protection and measurement and the relevant standards of	64677
the American national standards institute.	64678

(C) Establishing fees, procedures, and requirements for	64679
certification as a radiation expert, including all of the	64680
following, without limitation:	64681

(1) Minimum training and experience requirements;

64682

(2) Procedures for applying for certification;

64683

(3) Procedures for review of applications and issuance of	64684
certificates;	64685

(4) Procedures for suspending and revoking certification.

64686

(D) Establishing a schedule for inspection of sources of	64687
radiation and their shielding and surroundings;	64688

(E) Establishing the responsibilities of a radiation expert;

64689

(F) Establishing criteria for quality assurance programs for	64690
licensees of radioactive material and registrants of	64691
radiation-generating equipment;	64692

(G) Establishing fees to be paid by any facility that, on	64693
September 8, 1995, holds a license from the United States nuclear	64694
regulatory commission in order to provide moneys necessary for the	64695
transfer of licensing and other regulatory authority from the	64696
commission to the state pursuant to section 3748.03 of the Revised	64697
Code. Rules adopted under this division shall stipulate that fees	64698
so established do not apply to any functions dealing specifically	64699
with a facility for the disposal of low-level radioactive waste.	64700
Fees collected under this division shall be deposited into the	64701
state treasury to the credit of the general operations fund	64702
created in section 3701.83 of the Revised Code. The fees shall be	64703
used solely to administer and enforce this chapter and rules	64704
adopted under it.	64705

(H) Establishing fees to be collected annually from	64706
generators of low-level radioactive waste, which shall be based	64707
upon the volume and radioactivity of the waste generated and the	64708
costs of administering low-level radioactive waste management	64709
activities under this chapter and rules adopted under it. All fees	64710
collected under this division shall be deposited into the state	64711
treasury to the credit of the general operations fund created in	64712
section 3701.83 of the Revised Code. The fees shall be used solely	64713
to administer and enforce this chapter and rules adopted under it.	64714
Any fee required under this division that has not been paid within	64715
ninety days after the invoice date shall be assessed at two times	64716
the original invoiced fee. Any fee that has not been paid within	64717
one hundred eighty days after the invoice date shall be assessed	64718
at five times the original invoiced fee.	64719

(I) Establishing requirements governing closure,	64720
decontamination, decommissioning, reclamation, and long-term	64721
surveillance and care of a facility licensed under this chapter	64722
and rules adopted under it. Rules adopted under division (I) of	64723
this section shall include, without limitation, all of the	64724
following:	64725

(1) Standards and procedures to ensure that a licensee	64726
prepares a decommissioning funding plan that provides an adequate	64727
financial guaranty to permit the completion of all requirements	64728
governing the closure, decontamination, decommissioning, and	64729
reclamation of sites, structures, and equipment used in	64730
conjunction with a licensed activity;	64731

(2) For licensed activities where radioactive material that	64732
will require surveillance or care is likely to remain at the site	64733
after the licensed activities cease, as indicated in the	64734
application for the license submitted under section 3748.07 of the	64735
Revised Code, standards and procedures to ensure that the licensee	64736
prepares an additional decommissioning funding plan for long-term	64737
surveillance and care, before termination of the license, that	64738
provides an additional adequate financial guaranty as necessary to	64739
provide for that surveillance and care;	64740

(3) For the purposes of the decommissioning funding plans	64741
required in rules adopted under divisions (I)(1) and (2) of this	64742
section, the types of acceptable financial guaranties, which shall	64743
include bonds issued by fidelity or surety companies authorized to	64744
do business in the state, certificates of deposit, deposits of	64745
government securities, irrevocable letters or lines of credit,	64746
trust funds, escrow accounts, or other similar types of	64747
arrangements, but shall not include any arrangement that	64748
constitutes self-insurance;	64749

(4) A requirement that the decommissioning funding plans	64750
required in rules adopted under divisions (I)(1) and (2) of this	64751
section contain financial guaranties in amounts sufficient to	64752
ensure compliance with any standards established by the United	64753
States nuclear regulatory commission, or by the state if it has	64754
become an agreement state pursuant to section 3748.03 of the	64755
Revised Code, pertaining to closure, decontamination,	64756
decommissioning, reclamation, and long-term surveillance and care	64757
of licensed activities and sites of licensees.	64758

Standards established in rules adopted under division (I) of	64759
this section regarding any activity that resulted in the	64760
production of byproduct material, as defined in division (A)(2) of	64761
section 3748.01 of the Revised Code, to the extent practicable,	64762
shall be equivalent to or more stringent than standards	64763
established by the United States nuclear regulatory commission for	64764
sites at which ores were processed primarily for their source	64765
material content and at which byproduct material, as defined in	64766
division (A)(2) of section 3748.01 of the Revised Code, is	64767
deposited.	64768

(J) Establishing criteria governing inspections of a facility	64769
for the disposal of low-level radioactive waste, including,	64770
without limitation, the establishment of a resident inspector	64771
program at such a facility;	64772

(K) Establishing requirements and procedures governing the	64773
filing of complaints under section 3748.16 of the Revised Code,	64774
including, without limitation, those governing intervention in a	64775
hearing held under division (B)(3) of that section.	64776

Sec. 3748.07. (A) Every facility that proposes to handle	64777
radioactive material or radiation-generating equipment for which	64778
licensure or registration, respectively, by its handler is	64779
required shall apply in writing to the director of health on forms	64780
prescribed and provided by the director for licensure or	64781
registration. Terms and conditions of licenses and certificates of	64782
registration may be amended in accordance with rules adopted under	64783
section 3748.04 of the Revised Code or orders issued by the	64784
director pursuant to section 3748.05 of the Revised Code.	64785

(B) ~~Until rules are adopted under section 3748.04 of the~~	64786
~~Revised Code~~(1) Except as provided in division (B)(2) of this	64787
section, an application for a license, registration certificate,	64788
or renewal of either shall be accompanied by the appropriate fee	64789
specified in rules adopted under section 3748.04 of the Revised	64790
Code.	64791

(2) In the case of an applicant that is, or is operated by, a	64792
medical practitioner or medical-practitioner group and proposes to	64793
handle radiation-generating equipment, an application for a	64794
certificate of registration shall be accompanied by a biennial	64795
registration fee of two hundred ~~eighteen~~sixty-two dollars and,	64796
in the case of a renewal application, a biennial renewal fee in	64797
the same amount. ~~On and after the effective date of those rules,~~	64798
~~an applicant for a license, registration certificate, or renewal~~	64799
~~of either shall pay the appropriate fee established in those~~	64800
~~rules.~~	64801

(C) All fees collected under this section shall be deposited	64802
in the state treasury to the credit of the general operations fund	64803
created in section 3701.83 of the Revised Code. The fees shall be	64804
used solely to administer and enforce this chapter and rules	64805
adopted under it.	64806

(D) Any fee required under this section that has not been	64807
paid within ninety days after the invoice date shall be assessed	64808
at two times the original invoiced fee. Any fee that has not been	64809
paid within one hundred eighty days after the invoice date shall	64810
be assessed at five times the original invoiced fee.	64811

~~(C)~~(E) The director shall grant a license or registration to	64812
any applicant who has paid the required fee and is in compliance	64813
with this chapter and rules adopted under it.	64814

~~Until rules are adopted under section 3748.04 of the Revised~~	64815
~~Code, certificates of registration shall be effective for two~~	64816
~~years from the date of issuance. On and after the effective date~~	64817
~~of those rules~~(F) Except as provided in division (B)(2) of this	64818
section, licenses and certificates of registration shall be	64819
effective for the applicable period established in ~~those~~ rules	64820
adopted under section 3748.04 of the Revised Code. Licenses and	64821
certificates of registration shall be renewed in accordance with	64822
the ~~standard~~ renewal procedure established in ~~Chapter 4745.~~rules	64823
adopted under section 3748.04 of the Revised Code.	64824

Sec. 3748.12. The director of health shall certify radiation	64825
experts pursuant to rules adopted under division (C) of section	64826
3748.04 of the Revised Code. The director shall issue a	64827
certificate to each person certified under this section. An	64828
individual certified by the director is qualified to develop,	64829
provide periodic review of, and conduct audits of the quality	64830
assurance program for sources of radiation for which such a	64831
program is required under division (A) of section 3748.13 of the	64832
Revised Code.	64833

The public health council shall establish an application fee	64834
for applying for certification and a biennial certification	64835
renewal fee in rules adopted under division (C) of section 3748.04	64836
of the Revised Code. ~~Until those rules are adopted, the~~	64837
~~application fee for initial certification shall be fifty dollars~~	64838
~~plus an additional twenty-five dollars for each type of~~	64839
~~radiation-generating equipment listed in division (B) of section~~	64840
~~3748.13 of the Revised Code for which application is being made.~~	64841
~~The certification renewal fee shall be one hundred fifteen~~	64842
~~dollars.~~ A certificate issued under this section shall expire two	64843
years after the date of its issuance. To maintain certification, a	64844
radiation expert shall apply to the director for renewal of	64845
certification in accordance with the standard renewal procedures	64846
established in Chapter 4745. of the Revised Code. The	64847
certification renewal fee is not required for initial	64848
certification, but shall be paid for every renewal of	64849
certification. Fees collected under this section shall be	64850
deposited into the state treasury to the credit of the general	64851
operations fund created in section 3701.83 of the Revised Code.	64852
The fees shall be used solely to administer and enforce this	64853
chapter and rules adopted under it. Any fee required under this	64854
section that has not been paid within ninety days after the	64855
invoice date shall be assessed at two times the original invoiced	64856
fee. Any fee that has not been paid within one hundred eighty days	64857
after the invoice date shall be assessed at five times the	64858
original invoiced fee.	64859

Sec. 3748.13. (A) The director of health shall inspect	64860
sources of radiation for which licensure or registration by the	64861
handler is required, and the sources' shielding and surroundings,	64862
according to the schedule established in rules adopted under	64863
division (D) of section 3748.04 of the Revised Code. In accordance	64864
with rules adopted under ~~that~~ section 3748.04 of the Revised Code,	64865
the director shall inspect all records and operating procedures	64866
of handlers that install or service sources of radiation and all	64867
sources of radiation for which licensure of radioactive material	64868
or registration of radiation-generating equipment by the handler	64869
is required. The director may make other inspections upon	64870
receiving complaints or other evidence of a violation of this	64871
chapter or rules adopted under it.	64872

The director shall require any hospital registered under	64873
division (A) of section 3701.07 of the Revised Code to develop and	64874
maintain a quality assurance program for all sources of	64875
radiation-generating equipment. A certified radiation expert	64876
shall conduct oversight and maintenance of the program and shall	64877
file a report of audits of the program with the director on forms	64878
prescribed by the director. The audit reports shall become part of	64879
the inspection record.	64880

(B) ~~Until rules are adopted under division (A)(8) of section~~	64881
~~3748.04 of the Revised Code~~(1) Except as provided in division	64882
(B)(2) of this section, a facility shall pay inspection fees for	64883
radioactive material and radiation-generating equipment according	64884
to the ~~following~~ schedule and categories established in rules	64885
adopted under division (A)(9) of section 3748.04 of the Revised	64886
Code.	64887

(2) A facility that is, or is operated by, a medical	64888
practitioner or medical-practitioner group shall pay inspection	64889
fees for radiation-generating equipment according to the following	64890
schedule and categories:	64891

First dental x-ray tube	$ ~~129.00~~ 155.00	64892
Each additional dental x-ray tube at the same location	$ ~~64.00~~ 77.00	64893
First medical x-ray tube	$ ~~256.00~~ 307.00	64894
Each additional medical x-ray tube at the same location	$ ~~136.00~~ 163.00	64895
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ ~~508.00~~ 610.00	64896
First nonionizing radiation-generating equipment of any kind	$ ~~256.00~~ 307.00	64897
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~136.00~~ 163.00	64898
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$ ~~317.00~~ 380.00	64899

~~Until rules are adopted under division (A)(8) of section~~	64900
~~3748.04 of the Revised Code, the fee for an inspection to~~	64901
~~determine whether violations cited in a previous inspection have~~	64902
~~been corrected is fifty per cent of the fee applicable under the~~	64903
~~schedule in this division. Until those rules are adopted~~(C)(1)	64904
Except as provided in division (C)(2) of this section, the fee	64905
for the inspection of a facility that proposes to handle	64906
radioactive material or radiation-generating equipment and is not	64907
licensed or registered, and for which no license or registration	64908
application is pending at the time of inspection, is ~~three~~four	64909
hundred ~~ninety-five~~seventy-four dollars plus the applicable fee	64910
specified in rules adopted under division (A)(9) of section	64911
3748.04 of the Revised Code.	64912

(2) For a facility that is, or is operated by, a medical	64913
practitioner or medical-practitioner group and proposes to handle	64914
radiation-generating equipment, the fee for an inspection if the	64915
facility is not licensed or registered, and no license or	64916
registration is pending at the time of inspection, is four hundred	64917
seventy-four dollars plus the fee applicable under the schedule in	64918
~~this~~ division (B)(2) of this section.	64919

(D)(1) Except as provided in division (D)(2) of this section,	64920
for a facility that handles radioactive material or	64921
radiation-generating equipment, the fee for an inspection to	64922
determine whether violations cited in a previous inspection have	64923
been corrected is the amount specified in rules adopted under	64924
division (A)(9) of section 3748.04 of the Revised Code.	64925

(2) For a facility that is, or is operated by, a medical	64926
practitioner or medical-practitioner group and handles	64927
radiation-generating equipment, the fee for an inspection to	64928
determine whether violations cited in a previous inspection have	64929
been corrected is fifty per cent of the applicable fee under the	64930
schedule in division (B)(2) of this section.	64931

(E) The director may conduct a review of shielding plans or	64932
the adequacy of shielding on the request of a licensee or	64933
registrant or an applicant for licensure or registration or	64934
during an inspection when the director considers a review to be	64935
necessary. ~~Until rules are adopted under division (A)(8) of~~	64936
~~section 3748.04 of the Revised Code~~	64937

(1) Except as provided in division (E)(2) of this section,	64938
the fee for the review is ~~six~~the applicable amount specified in	64939
rules adopted under division (A)(9) of section 3748.04 of the	64940
Revised Code.	64941

(2) For a facility that is, or is operated by, a medical	64942
practitioner or medical-practitioner group and handles or proposes	64943
to handle radiation-generating equipment, the fee for the review	64944
is seven hundred ~~thirty-five~~sixty-two dollars for each room	64945
where a source of radiation is used and is in addition to any	64946
other fee applicable under the schedule in ~~this~~ division (B)(2)	64947
of this section.	64948

(F) All fees shall be paid to the department of health no	64949
later than thirty days after the invoice for the fee is mailed.	64950
Fees shall be deposited in the general operations fund created in	64951
section 3701.83 of the Revised Code. The fees shall be used solely	64952
to administer and enforce this chapter and rules adopted under it.	64953

(G) Any fee required under this section that has not been	64954
paid within ninety days after the invoice date shall be assessed	64955
at two times the original invoiced fee. Any fee that has not been	64956
paid within one hundred eighty days after the invoice date shall	64957
be assessed at five times the original invoiced fee.	64958

~~(C)~~(H) If the director determines that a board of health of a	64959
city or general health district is qualified to conduct	64960
inspections of radiation-generating equipment, the director may	64961
delegate to the board, by contract, the authority to conduct such	64962
inspections. In making a determination of the qualifications of a	64963
board of health to conduct those inspections, the director shall	64964
evaluate the credentials of the individuals who are to conduct the	64965
inspections of radiation-generating equipment and the radiation	64966
detection and measuring equipment available to them for that	64967
purpose. If a contract is entered into, the board shall have the	64968
same authority to make inspections of radiation-generating	64969
equipment as the director has under this chapter and rules adopted	64970
under it. The contract shall stipulate that only individuals	64971
approved by the director as qualified shall be permitted to	64972
inspect radiation-generating equipment under the contract's	64973
provisions. The contract shall provide for such compensation for	64974
services as is agreed to by the director and the board of health	64975
of the contracting health district. The director may reevaluate	64976
the credentials of the inspection personnel and their radiation	64977
detecting and measuring equipment as often as the director	64978
considers necessary and may terminate any contract with the board	64979
of health of any health district that, in the director's opinion,	64980
is not satisfactorily performing the terms of the contract.	64981

~~(D)~~(I) The director may enter at all reasonable times upon	64982
any public or private property to determine compliance with this	64983
chapter and rules adopted under it.	64984

Sec. 3749.04. (A) No person shall operate or maintain a	64985
public swimming pool, public spa, or special-use pool without a	64986
license issued by the licensor having jurisdiction.	64987

(B) Every person who intends to operate or maintain an	64988
existing public swimming pool, public spa, or special-use pool	64989
shall, during the month of April of each year, apply to the	64990
licensor having jurisdiction for a license to operate the pool or	64991
spa. Any person proposing to operate or maintain a new or	64992
otherwise unlicensed public swimming pool, public spa, or	64993
special-use pool shall apply to the licensor having jurisdiction	64994
at least thirty days prior to the intended start of operation of	64995
the pool or spa. Within thirty days of receipt of an application	64996
for licensure of a public swimming pool, public spa, or	64997
special-use pool, the licensor shall process the application and	64998
either issue a license or otherwise respond to the applicant	64999
regarding the application.	65000

(C) Each license issued shall be effective from the date of	65001
issuance until the last day of May of the following year.	65002

(D) Each licensor administering and enforcing sections	65003
3749.01 to 3749.09 of the Revised Code and the rules adopted	65004
thereunder may establish licensing and inspection fees in	65005
accordance with section 3709.09 of the Revised Code, which shall	65006
not exceed the cost of licensing and inspecting public swimming	65007
pools, public spas, and special-use pools.	65008

(E) Except as provided in division (F) of this section and in	65009
division (B) of section 3749.07 of the Revised Code, all license	65010
fees collected by a licensor shall be deposited into a swimming	65011
pool fund, which is hereby created in each health district. The	65012
fees shall be used by the licensor solely for the purpose of	65013
administering and enforcing this chapter and the rules adopted	65014
under this chapter.	65015

(F) An annual license fee established under division (D) of	65016
this section shall include any additional amount determined by	65017
rule of the public health council, which the ~~licensor~~board of	65018
health shall collect and transmit to the ~~treasurer of state to be~~	65019
~~deposited in the general operations fund created by section~~	65020
~~3701.83 of the Revised Code~~director of health pursuant to section	65021
3709.092 of the Revised Code. The amounts collected under this	65022
division shall be administered by the director of health and shall	65023
be used solely for the administration and enforcement of this	65024
chapter and the rules adopted under this chapter.	65025

Sec. 3770.05. (A) As used in this section, "person" means	65026
any person, association, corporation, partnership, club, trust,	65027
estate, society, receiver, trustee, person acting in a fiduciary	65028
or representative capacity, instrumentality of the state or any of	65029
its political subdivisions, or any other combination of	65030
individuals meeting the requirements set forth in this section or	65031
established by rule or order of the state lottery commission.	65032

(B) The director of the state lottery commission may license	65033
any person as a lottery sales agent. No license shall be issued to	65034
any person or group of persons to engage in the sale of lottery	65035
tickets as the person's or group's sole occupation or business.	65036

Before issuing any license to a lottery sales agent, the	65037
director shall consider all of the following:	65038

(1) The financial responsibility and security of the	65039
applicant and the applicant's business or activity;	65040

(2) The accessibility of the applicant's place of business or	65041
activity to the public;	65042

(3) The sufficiency of existing licensed agents to serve the	65043
public interest;	65044

(4) The volume of expected sales by the applicant;

65045

(5) Any other factors pertaining to the public interest,	65046
convenience, or trust.	65047

(C) Except as otherwise provided in division (F) of this	65048
section, the director of the state lottery commission shall refuse	65049
to grant, or shall suspend or revoke, a license if the applicant	65050
or licensee:	65051

(1) Has been convicted of a felony or has been convicted of a	65052
crime involving moral turpitude;	65053

(2) Has been convicted of an offense that involves illegal	65054
gambling;	65055

(3) Has been found guilty of fraud or misrepresentation in	65056
any connection;	65057

(4) Has been found to have violated any rule or order of the	65058
commission; or	65059

(5) Has been convicted of illegal trafficking in ~~food stamps~~	65060
supplemental nutrition assistance program benefits.	65061

(D) Except as otherwise provided in division (F) of this	65062
section, the director of the state lottery commission shall refuse	65063
to grant, or shall suspend or revoke, a license if the applicant	65064
or licensee is a corporation and any of the following applies:	65065

(1) Any of the corporation's directors, officers, or	65066
controlling shareholders has been found guilty of any of the	65067
activities specified in divisions (C)(1) to (5) of this section;	65068

(2) It appears to the director of the state lottery	65069
commission that, due to the experience, character, or general	65070
fitness of any director, officer, or controlling shareholder of	65071
the corporation, the granting of a license as a lottery sales	65072
agent would be inconsistent with the public interest, convenience,	65073
or trust;	65074

(3) The corporation is not the owner or lessee of the	65075
business at which it would conduct a lottery sales agency pursuant	65076
to the license applied for;	65077

(4) Any person, firm, association, or corporation other than	65078
the applicant or licensee shares or will share in the profits of	65079
the applicant or licensee, other than receiving dividends or	65080
distributions as a shareholder, or participates or will	65081
participate in the management of the affairs of the applicant or	65082
licensee.	65083

(E)(1) The director of the state lottery commission shall	65084
refuse to grant a license to an applicant for a lottery sales	65085
agent license and shall revoke a lottery sales agent license if	65086
the applicant or licensee is or has been convicted of a violation	65087
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	65088

(2) The director shall refuse to grant a license to an	65089
applicant for a lottery sales agent license that is a corporation	65090
and shall revoke the lottery sales agent license of a corporation	65091
if the corporation is or has been convicted of a violation of	65092
division (A) or (C)(1) of section 2913.46 of the Revised Code.	65093

(F) The director of the state lottery commission shall	65094
request the bureau of criminal identification and investigation,	65095
the department of public safety, or any other state, local, or	65096
federal agency to supply the director with the criminal records of	65097
any applicant for a lottery sales agent license, and may	65098
periodically request the criminal records of any person to whom a	65099
lottery sales agent license has been issued. At or prior to the	65100
time of making such a request, the director shall require an	65101
applicant or licensee to obtain fingerprint impressions on	65102
fingerprint cards prescribed by the superintendent of the bureau	65103
of criminal identification and investigation at a qualified law	65104
enforcement agency, and the director shall cause those	65105
fingerprint cards to be forwarded to the bureau of criminal	65106
identification and investigation, to the federal bureau of	65107
investigation, or to both bureaus. The commission shall assume the	65108
cost of obtaining the fingerprint cards.	65109

The director shall pay to each agency supplying criminal	65110
records for each investigation a reasonable fee, as determined by	65111
the agency.	65112

The commission may adopt uniform rules specifying time	65113
periods after which the persons described in divisions (C)(1) to	65114
(5) and (D)(1) to (4) of this section may be issued a license and	65115
establishing requirements for those persons to seek a court order	65116
to have records sealed in accordance with law.	65117

(G)(1) Each applicant for a lottery sales agent license shall	65118
do both of the following:	65119

(a) Pay to the state lottery commission, at the time the	65120
application is submitted, a fee in an amount that the director of	65121
the state lottery commission determines by rule adopted under	65122
Chapter 119. of the Revised Code and that the controlling board	65123
approves;	65124

(b) Prior to approval of the application, obtain a surety	65125
bond in an amount the director determines by rule adopted under	65126
Chapter 119. of the Revised Code or, alternatively, with the	65127
director's approval, deposit the same amount into a dedicated	65128
account for the benefit of the state lottery. The director also	65129
may approve the obtaining of a surety bond to cover part of the	65130
amount required, together with a dedicated account deposit to	65131
cover the remainder of the amount required.	65132

A surety bond may be with any company that complies with the	65133
bonding and surety laws of this state and the requirements	65134
established by rules of the commission pursuant to this chapter. A	65135
dedicated account deposit shall be conducted in accordance with	65136
policies and procedures the director establishes.	65137

A surety bond, dedicated account, or both, as applicable, may	65138
be used to pay for the lottery sales agent's failure to make	65139
prompt and accurate payments for lottery ticket sales, for missing	65140
or stolen lottery tickets, or for damage to equipment or materials	65141
issued to the lottery sales agent, or to pay for expenses the	65142
commission incurs in connection with the lottery sales agent's	65143
license.	65144

(2) A lottery sales agent license is effective for one year.

65145

A licensed lottery sales agent, on or before the date	65146
established by the director, shall renew the agent's license and	65147
provide at that time evidence to the director that the surety	65148
bond, dedicated account deposit, or both, required under division	65149
(G)(1)(b) of this section has been renewed or is active, whichever	65150
applies.	65151

Before the commission renews a lottery sales agent license,	65152
the lottery sales agent shall submit a renewal fee to the	65153
commission in an amount that the director determines by rule	65154
adopted under Chapter 119. of the Revised Code and that the	65155
controlling board approves. The renewal fee shall not exceed the	65156
actual cost of administering the license renewal and processing	65157
changes reflected in the renewal application. The renewal of the	65158
license is effective for up to one year.	65159

(3) A lottery sales agent license shall be complete,	65160
accurate, and current at all times during the term of the license.	65161
Any changes to an original license application or a renewal	65162
application may subject the applicant or lottery sales agent, as	65163
applicable, to paying an administrative fee that shall be in an	65164
amount that the director determines by rule adopted under Chapter	65165
119. of the Revised Code, that the controlling board approves, and	65166
that shall not exceed the actual cost of administering and	65167
processing the changes to an application.	65168

(4) The relationship between the commission and a lottery	65169
sales agent is one of trust. A lottery sales agent collects funds	65170
on behalf of the commission through the sale of lottery tickets	65171
for which the agent receives a compensation.	65172

(H) Pending a final resolution of any question arising under	65173
this section, the director of the state lottery commission may	65174
issue a temporary lottery sales agent license, subject to the	65175
terms and conditions the director considers appropriate.	65176

(I) If a lottery sales agent's rental payments for the	65177
lottery sales agent's premises are determined, in whole or in	65178
part, by the amount of retail sales the lottery sales agent makes,	65179
and if the rental agreement does not expressly provide that the	65180
amount of those retail sales includes the amounts the lottery	65181
sales agent receives from lottery ticket sales, only the amounts	65182
the lottery sales agent receives as compensation from the state	65183
lottery commission for selling lottery tickets shall be considered	65184
to be amounts the lottery sales agent receives from the retail	65185
sales the lottery sales agent makes, for the purpose of computing	65186
the lottery sales agent's rental payments.	65187

Sec. 3773.35. Any person who wishes to conduct a public or	65188
private competition that involves boxing or, wrestling ~~match or~~	65189
~~exhibition~~, mixed martial arts, kick boxing, tough man contests,	65190
tough guy contests, or any other form of boxing or martial arts	65191
shall apply to the Ohio athletic commission for a promoter's	65192
license. Each application shall be filed with the commission on	65193
forms provided by the commission, and shall be accompanied by an	65194
application fee as prescribed in section 3773.43 of the Revised	65195
Code and, with the exception of wrestling events, by a ~~cash~~	65196
~~bond, certified check, bank draft, or~~ surety bond of not less	65197
than ~~five~~twenty thousand dollars conditioned for compliance	65198
with sections 3773.31 to 3773.57 of the Revised Code and the	65199
rules of the commission. ~~The applicant shall verify the~~	65200
~~application under oath.~~	65201

The commission shall prescribe the form of the application	65202
for the promoter's license. The application shall include the name	65203
of the applicant, the post office address of the applicant, and	65204
any other information the commission requires.	65205

Sec. 3773.36. Upon the proper filing of an application to	65206
conduct any public or private competition that involves boxing or	65207
~~wrestling matches or exhibitions~~, mixed martial arts, kick boxing,	65208
tough man contests, tough guy contests, or any other form of	65209
boxing or martial arts, accompanied by the ~~cash bond, certified~~	65210
~~check, bank draft, or~~ surety bond ~~required by section 3773.35,~~ and	65211
the application fee ~~required by section 3773.43 of the Revised~~	65212
~~Code~~, or upon the proper filing of an application to conduct any	65213
public or private competition that involves wrestling accompanied	65214
by the application fee, the Ohio athletic commission shall issue a	65215
promoter's license to the applicant if it finds that the applicant	65216
is not in default on any payment, obligation, or debt payable to	65217
the state under sections 3773.31 to 3773.57 of the Revised Code,	65218
is financially responsible, and is knowledgeable in the proper	65219
conduct of such matches or exhibitions.	65220

Each license issued pursuant to this section shall bear the	65221
name of the licensee, the post office address of the licensee, the	65222
date of ~~issue~~expiration, ~~a serial~~an identification number	65223
designated by the commission, and the seal of the commission~~, and~~	65224
~~the signature of the commission chairperson~~.	65225

A promoter's license shall expire twelve months after its	65226
date of issuance and shall become invalid on that date unless	65227
renewed. A promoter's license may be renewed upon application to	65228
the commission and upon payment of the renewal fee prescribed in	65229
section 3773.43 of the Revised Code. The commission shall renew	65230
the license unless it denies the application for renewal for one	65231
or more reasons stated in section 3123.47 or 3773.53 of the	65232
Revised Code.	65233

Sec. 3773.43. The Ohio athletic commission shall charge the	65234
following fees:	65235

(A) For an application for or renewal of a promoter's license	65236
for a public or private competition that involves boxing ~~matches~~	65237
~~or exhibitions~~, mixed martial arts, kick boxing, tough man	65238
contests, tough guy contests, or any other form of boxing or	65239
martial arts, one hundred dollars.	65240

(B) For an application for or renewal of a license to	65241
participate in a public boxing match or exhibition as a	65242
contestant, or as a referee, judge, matchmaker, manager,	65243
timekeeper, trainer, or second of a contestant, twenty dollars.	65244

(C) For a permit to conduct a public boxing match or	65245
exhibition, fifty dollars.	65246

(D) For an application for or renewal of a promoter's license	65247
for ~~professional~~a public or private competition that involves	65248
wrestling ~~matches or exhibitions~~, two hundred dollars.	65249

(E) For a permit to conduct a professional wrestling match or	65250
exhibition, one hundred dollars.	65251

The commission, subject to the approval of the controlling	65252
board, may establish fees in excess of the amounts provided in	65253
this section, provided that such fees do not exceed the amounts	65254
permitted by this section by more than fifty per cent.	65255

The fees prescribed by this section shall be paid to the	65256
treasurer of state, who shall deposit the fees in the occupational	65257
licensing and regulatory fund.	65258

Sec. 3773.45. (A) ~~Each contestant in a public boxing match~~	65259
~~or exhibition shall be examined not more than twenty-four hours~~	65260
~~before entering the ring by a licensed physician, a physician~~	65261
~~assistant, a clinical nurse specialist, a certified nurse~~	65262
~~practitioner, or a certified nurse-midwife. Each contestant who~~	65263
~~has had a previous match or exhibition on or after July 27, 1981,~~	65264
~~and was knocked out at that match or exhibition shall present to~~	65265
~~the examiner a record of the physical examination performed at the~~	65266
~~conclusion of that match or exhibition. If, after reviewing such~~	65267
~~record and performing a physical examination of the contestant,~~	65268
~~the examiner determines that the contestant is physically fit to~~	65269
~~compete, the physician shall certify that fact on the contestant's~~	65270
~~physical examination form. No physician, physician assistant,~~	65271
~~clinical nurse specialist, certified nurse practitioner, or~~	65272
~~certified nurse-midwife shall certify a contestant as physically~~	65273
~~fit to compete if the physician, physician assistant, clinical~~	65274
~~nurse specialist, certified nurse practitioner, or certified~~	65275
~~nurse-midwife determines that the contestant was knocked out in a~~	65276
~~contest that took place within the preceding thirty days. No~~	65277
~~contestant shall compete in a public boxing match or exhibition~~	65278
~~unless the contestant has been certified as physically fit in~~	65279
~~accordance with this section.~~	65280

~~Immediately after the end of a match or exhibition, the~~	65281
~~examiner shall examine each contestant who was knocked out in the~~	65282
~~match or exhibition, and record the outcome of the match or~~	65283
~~exhibition and any physical injuries sustained by the contestant~~	65284
~~on the contestant's physical examination form.~~	65285

~~Within twenty-four hours after the match or exhibition, the~~	65286
~~examiner shall mail one copy of the examination report to the Ohio~~	65287
~~athletic commission and one copy to the contestant. The commission~~	65288
~~shall furnish blank copies of the examination report to the~~	65289
~~examiner. The examiner shall answer all questions on the form. The~~	65290
~~person conducting the match or exhibition shall compensate the~~	65291
~~examiner. No person shall conduct such a match or exhibition~~	65292
~~unless an examiner appointed by the commission is in attendance.~~	65293
The Ohio athletic commission shall adopt, and may amend or	65294
rescind, rules that do both of the following:	65295

(1) Require the physical examination by appropriate medical	65296
personnel of each contestant in any public competition that	65297
involves boxing, mixed martial arts, kick boxing, karate, tough	65298
man contests, or any other form of boxing or martial arts within a	65299
specified time period before and after the competition to	65300
determine whether the contestant is physically fit to compete in	65301
the competition under specified standards, has sustained physical	65302
injuries in the competition, or requires follow-up examination;	65303
and	65304

(2) Require the reporting of each examination to the	65305
commission.	65306

(B) No holder of a promoter's license shall conduct a boxing	65307
match or exhibition that exceeds twelve rounds. Each round shall	65308
be not more than three minutes in length. A period of at least one	65309
minute, during which no boxing or sparring takes place, shall	65310
occur between rounds.	65311

No holder of a promoter's license or a permit issued under	65312
section 3773.39 of the Revised Code shall allow a professional	65313
boxer to participate in more than twelve rounds of boxing within a	65314
period of seventy-two consecutive hours. For any match or	65315
exhibition or for a class of contestants, the commission may limit	65316
the number of rounds within the maximum of twelve rounds.	65317

(C) No person shall conduct a boxing match or exhibition	65318
unless a licensed referee appointed by the commission and paid by	65319
the person is present. The referee shall direct and control the	65320
match or exhibition. Before each match or exhibition the referee	65321
shall obtain from each contestant the name of the contestant's	65322
chief second and shall hold the chief second responsible for the	65323
conduct of any assistant seconds during the match or exhibition.	65324
The referee may declare a prize, remuneration, or purse or any	65325
part thereof to which a contestant is otherwise entitled withheld	65326
if, in the referee's judgment, the contestant is not competing or	65327
did not compete honestly. A contestant may appeal the referee's	65328
decision in a hearing before the commission conducted in	65329
accordance with section 3773.52 of the Revised Code.	65330

(D) No person shall hold or conduct a boxing match or	65331
exhibition unless three licensed judges appointed by the	65332
commission and paid by the person are present. Each judge shall	65333
render a decision at the end of each match or exhibition. The	65334
judges shall determine the outcome of the match or exhibition, and	65335
their decision shall be final.	65336

(E) Each contestant in a boxing match or exhibition shall	65337
wear gloves weighing not less than six ounces during the boxing	65338
match or exhibition.	65339

Sec. 3773.53. The Ohio athletic commission may revoke,	65340
suspend, or refuse to renew any license issued under sections	65341
3773.31 to 3773.57 of the Revised Code if the licensee:	65342

(A) Has committed an act detrimental to any sport regulated	65343
by this chapter or to the public interest, convenience, or	65344
necessity;	65345

(B) Is associating or consorting with any person who has been	65346
convicted of a crime involving the sports regulated by the	65347
commission;	65348

(C) Is or has been consorting with bookmakers or gamblers, or	65349
has engaged in similar pursuits;	65350

(D) Is financially irresponsible;

65351

(E) Has been found guilty of any fraud or misrepresentation	65352
in connection with any sport regulated by this chapter;	65353

(F) Has violated any law with respect to any sport regulated	65354
by this chapter or any rule or order of the commission;	65355

(G) Has engaged in any other activity that the commission	65356
determines is detrimental to any sport regulated by this chapter.	65357

The commission, in addition to any other action it may take	65358
under this chapter, may impose a fine ~~of not more than one~~	65359
~~hundred dollars~~in an amount to be determined by rule of the	65360
commission adopted under Chapter 119. of the Revised Code against	65361
any person licensed under sections 3773.31 to 3773.57 of the	65362
Revised Code for a violation of any of these sections or a	65363
violation of any rule or order of the commission. The amount of	65364
fines collected shall be deposited into the general revenue	65365
fund.	65366

Sec. 3781.03. (A) The state fire marshal, the fire chief of a	65367
municipal corporation that has a fire department, or the fire	65368
chief of a township that has a fire department shall enforce the	65369
provisions of this chapter and Chapter 3791. of the Revised Code	65370
that relate to fire prevention.	65371

(B) The superintendent of ~~the division of industrial~~	65372
~~compliance~~labor, or the building inspector or commissioner of	65373
buildings in a municipal corporation, county, or township in which	65374
the building department is certified by the board of building	65375
standards under section 3781.10 of the Revised Code shall enforce	65376
in the jurisdiction of each entity all the provisions in this	65377
chapter and Chapter 3791. of the Revised Code and any rules	65378
adopted pursuant to those chapters that relate to the	65379
construction, arrangement, and erection of all buildings or parts	65380
of buildings, as defined in section 3781.06 of the Revised Code,	65381
including the sanitary condition of those buildings in relation to	65382
heating and ventilation.	65383

(C) The division of ~~industrial compliance~~labor in the	65384
department of commerce, boards of health of health districts,	65385
certified departments of building inspection of municipal	65386
corporations, and county building departments that have authority	65387
to perform inspections pursuant to a contract under division	65388
(C)(1) of section 3703.01 of the Revised Code, subject to	65389
Chapter 3703. of the Revised Code, shall enforce this chapter	65390
and Chapter 3791. of the Revised Code and the rules adopted	65391
pursuant to those chapters that relate to plumbing. Building	65392
drains are considered plumbing for the purposes of enforcement	65393
of those chapters.	65394

(D)(1) In accordance with Chapter 3703. of the Revised Code,	65395
the department of the city engineer, in cities having such	65396
departments, the boards of health of health districts, or the	65397
sewer purveyor, as appropriate, shall have complete authority to	65398
supervise and regulate the entire sewerage and drainage system in	65399
the jurisdiction in which it is exercising the authority described	65400
in this division, including the building sewer and all laterals	65401
draining into the street sewers.	65402

(2) In accordance with Chapter 3703. of the Revised Code, the	65403
department of the city engineer, the boards of health of health	65404
districts, or the sewer purveyor, as appropriate, shall control	65405
and supervise the installation and construction of all drains and	65406
sewers that become a part of the sewerage system and shall issue	65407
all the necessary permits and licenses for the construction and	65408
installation of all building sewers and of all other lateral	65409
drains that empty into the main sewers. The department of the city	65410
engineer, the boards of health of health districts, and the sewer	65411
purveyor, as appropriate, shall keep a permanent record of the	65412
installation and location of every drain and sewer of the drainage	65413
and sewerage system of the jurisdiction in which it has exercised	65414
the authority described in this division.	65415

(E) This section does not exempt any officer or department	65416
from the obligation to enforce this chapter and Chapter 3791. of	65417
the Revised Code.	65418

Sec. 3781.102. (A) Any county or municipal building	65419
department certified pursuant to division (E) of section 3781.10	65420
of the Revised Code as of September 14, 1970, and that, as of	65421
that date, was inspecting single-family, two-family, and	65422
three-family residences, and any township building department	65423
certified pursuant to division (E) of section 3781.10 of the	65424
Revised Code, is hereby declared to be certified to inspect	65425
single-family, two-family, and three-family residences containing	65426
industrialized units, and shall inspect the buildings or classes	65427
of buildings subject to division (E) of section 3781.10 of the	65428
Revised Code.	65429

(B) Each board of county commissioners may adopt, by	65430
resolution, rules establishing standards and providing for the	65431
licensing of electrical and heating, ventilating, and air	65432
conditioning contractors who are not required to hold a valid and	65433
unexpired license pursuant to Chapter 4740. of the Revised Code.	65434

Rules adopted by a board of county commissioners pursuant to	65435
this division may be enforced within the unincorporated areas of	65436
the county and within any municipal corporation where the	65437
legislative authority of the municipal corporation has contracted	65438
with the board for the enforcement of the county rules within the	65439
municipal corporation pursuant to section 307.15 of the Revised	65440
Code. The rules shall not conflict with rules adopted by the board	65441
of building standards pursuant to section 3781.10 of the Revised	65442
Code or by the department of commerce pursuant to Chapter 3703. of	65443
the Revised Code. This division does not impair or restrict the	65444
power of municipal corporations under Section 3 of Article XVIII,	65445
Ohio Constitution, to adopt rules concerning the erection,	65446
construction, repair, alteration, and maintenance of buildings and	65447
structures or of establishing standards and providing for the	65448
licensing of specialty contractors pursuant to section 715.27 of	65449
the Revised Code.	65450

A board of county commissioners, pursuant to this division,	65451
may require all electrical contractors and heating, ventilating,	65452
and air conditioning contractors, other than those who hold a	65453
valid and unexpired license issued pursuant to Chapter 4740. of	65454
the Revised Code, to successfully complete an examination, test,	65455
or demonstration of technical skills, and may impose a fee and	65456
additional requirements for a license to engage in their	65457
respective occupations within the jurisdiction of the board's	65458
rules under this division.	65459

(C) No board of county commissioners shall require any	65460
specialty contractor who holds a valid and unexpired license	65461
issued pursuant to Chapter 4740. of the Revised Code to	65462
successfully complete an examination, test, or demonstration of	65463
technical skills in order to engage in the type of contracting	65464
for which the license is held, within the unincorporated areas of	65465
the county and within any municipal corporation whose legislative	65466
authority has contracted with the board for the enforcement of	65467
county regulations within the municipal corporation, pursuant to	65468
section 307.15 of the Revised Code.	65469

(D) A board may impose a fee for registration of a specialty	65470
contractor who holds a valid and unexpired license issued pursuant	65471
to Chapter 4740. of the Revised Code before that specialty	65472
contractor may engage in the type of contracting for which the	65473
license is held within the unincorporated areas of the county and	65474
within any municipal corporation whose legislative authority has	65475
contracted with the board for the enforcement of county	65476
regulations within the municipal corporation, pursuant to section	65477
307.15 of the Revised Code, provided that the fee is the same for	65478
all specialty contractors who wish to engage in that type of	65479
contracting. If a board imposes such a fee, the board immediately	65480
shall permit a specialty contractor who presents proof of holding	65481
a valid and unexpired license and pays the required fee to engage	65482
in the type of contracting for which the license is held within	65483
the unincorporated areas of the county and within any municipal	65484
corporation whose legislative authority has contracted with the	65485
board for the enforcement of county regulations within the	65486
municipal corporation, pursuant to section 307.15 of the Revised	65487
Code.	65488

(E) The political subdivision associated with each municipal,	65489
township, and county building department the board of building	65490
standards certifies pursuant to division (E) of section 3781.10 of	65491
the Revised Code may prescribe fees to be paid by persons,	65492
political subdivisions, or any department, agency, board,	65493
commission, or institution of the state, for the acceptance and	65494
approval of plans and specifications, and for the making of	65495
inspections, pursuant to sections 3781.03 and 3791.04 of the	65496
Revised Code.	65497

(F) Each political subdivision that prescribes fees pursuant	65498
to division (E) of this section shall collect, on behalf of the	65499
board of building standards, fees equal to the following:	65500

(1) Three per cent of the fees the political subdivision	65501
collects in connection with nonresidential buildings;	65502

(2) One per cent of the fees the political subdivision	65503
collects in connection with residential buildings.	65504

(G)(1) The board shall adopt rules, in accordance with	65505
Chapter 119. of the Revised Code, specifying the manner in which	65506
the fee assessed pursuant to division (F) of this section shall be	65507
collected and remitted monthly to the board. The board shall pay	65508
the fees into the state treasury to the credit of the ~~industrial~~	65509
~~compliance~~labor operating fund created in section 121.084 of the	65510
Revised Code.	65511

(2) All money credited to the ~~industrial compliance~~labor	65512
operating fund under this division shall be used exclusively for	65513
the following:	65514

(a) Operating costs of the board;

65515

(b) Providing services, including educational programs, for	65516
the building departments that are certified by the board pursuant	65517
to division (E) of section 3781.10 of the Revised Code;	65518

(c) Paying the expenses of the residential construction	65519
advisory committee, including the expenses of committee members as	65520
provided in section 4740.14 of the Revised Code.	65521

(H) A board of county commissioners that adopts rules	65522
providing for the licensing of electrical and heating,	65523
ventilating, and air conditioning contractors, pursuant to	65524
division (B) of this section, may accept, for purposes of	65525
satisfying the requirements of rules adopted under that division,	65526
a valid and unexpired license issued pursuant to Chapter 4740. of	65527
the Revised Code that is held by an electrical or heating,	65528
ventilating, and air conditioning contractor, for the	65529
construction, replacement, maintenance, or repair of one-family,	65530
two-family, or three-family dwelling houses or accessory	65531
structures incidental to those dwelling houses.	65532

(I) A board of county commissioners shall not register a	65533
specialty contractor who is required to hold a license under	65534
Chapter 4740. of the Revised Code but does not hold a valid	65535
license issued under that chapter.	65536

(J) As used in this section, "specialty contractor" means a	65537
heating, ventilating, and air conditioning contractor,	65538
refrigeration contractor, electrical contractor, plumbing	65539
contractor, or hydronics contractor, as those contractors are	65540
described in Chapter 4740. of the Revised Code.	65541

Sec. 3781.11. (A) The rules of the board of building	65542
standards shall:	65543

(1) For nonresidential buildings, provide uniform minimum	65544
standards and requirements, and for residential buildings, provide	65545
standards and requirements that are uniform throughout the state,	65546
for construction and construction materials, including	65547
construction of industrialized units, to make residential and	65548
nonresidential buildings safe and sanitary as defined in section	65549
3781.06 of the Revised Code;	65550

(2) Formulate such standards and requirements, so far as may	65551
be practicable, in terms of performance objectives, so as to make	65552
adequate performance for the use intended the test of	65553
acceptability;	65554

(3) Permit, to the fullest extent feasible, the use of	65555
materials and technical methods, devices, and improvements,	65556
including the use of industrialized units which tend to reduce the	65557
cost of construction and erection without affecting minimum	65558
requirements for the health, safety, and security of the occupants	65559
or users of buildings or industrialized units and without	65560
preferential treatment of types or classes of materials or	65561
products or methods of construction;	65562

(4) Encourage, so far as may be practicable, the	65563
standardization of construction practices, methods, equipment,	65564
material, and techniques, including methods employed to produce	65565
industrialized units;	65566

(5) Not require any alteration or repair of any part of a	65567
school building owned by a chartered nonpublic school or a city,	65568
local, exempted village, or joint vocational school district and	65569
operated in conjunction with any primary or secondary school	65570
program that is not being altered or repaired if all of the	65571
following apply:	65572

(a) The school building meets all of the applicable building	65573
code requirements in existence at the time of the construction of	65574
the building.	65575

(b) The school building otherwise satisfies the requirements	65576
of section 3781.06 of the Revised Code.	65577

(c) The part of the school building altered or repaired	65578
conforms to all rules of the board existing on the date of the	65579
repair or alteration.	65580

(6) Not require any alteration or repair to any part of a	65581
workshop or factory that is not otherwise being altered, repaired,	65582
or added to if all of the following apply:	65583

(a) The workshop or factory otherwise satisfies the	65584
requirements of section 3781.06 of the Revised Code.	65585

(b) The part of the workshop or factory altered, repaired, or	65586
added conforms to all rules of the board existing on the date of	65587
plan approval of the repair, alteration, or addition.	65588

(B) The rules of the board shall supersede and govern any	65589
order, standard, or rule of the division of ~~industrial compliance~~	65590
labor in the department of commerce, division of the state fire	65591
marshal, the department of health, and of counties and townships,	65592
in all cases where such orders, standards, or rules are in	65593
conflict with the rules of the board, except that rules adopted	65594
and orders issued by the state fire marshal pursuant to Chapter	65595
3743. of the Revised Code prevail in the event of a conflict.	65596

(C) The construction, alteration, erection, and repair of	65597
buildings including industrialized units, and the materials and	65598
devices of any kind used in connection with them and the heating	65599
and ventilating of them and the plumbing and electric wiring in	65600
them shall conform to the statutes of this state or the rules	65601
adopted and promulgated by the board, and to provisions of local	65602
ordinances not inconsistent therewith. Any building, structure, or	65603
part thereof, constructed, erected, altered, manufactured, or	65604
repaired not in accordance with the statutes of this state or with	65605
the rules of the board, and any building, structure, or part	65606
thereof in which there is installed, altered, or repaired any	65607
fixture, device, and material, or plumbing, heating, or	65608
ventilating system, or electric wiring not in accordance with such	65609
statutes or rules is a public nuisance.	65610

(D) As used in this section:

65611

(1) "Nonpublic school" means a chartered school for which	65612
minimum standards are prescribed by the state board of education	65613
pursuant to division (D) of section 3301.07 of the Revised Code.	65614

(2) "Workshop or factory" includes manufacturing, mechanical,	65615
electrical, mercantile, art, and laundering establishments,	65616
printing, telegraph, and telephone offices, railroad depots, and	65617
memorial buildings, but does not include hotels and tenement and	65618
apartment houses.	65619

Sec. 3783.05. The board of building standards, in accordance	65620
with Chapters 119., 3781., and 3791. of the Revised Code, shall	65621
adopt, amend, or repeal such rules as may be reasonably necessary	65622
to administer this chapter. All fees collected by the board	65623
pursuant to this chapter shall be paid into the state treasury to	65624
the credit of the ~~industrial compliance~~labor operating fund	65625
created in section 121.084 of the Revised Code.	65626

Sec. 3791.02. No owner, or person having the control as an	65627
officer or member of a board or committee or otherwise of any	65628
opera house, hall, theater, church, schoolhouse, college, academy,	65629
seminary, infirmary, sanitarium, children's home, hospital,	65630
medical institute, asylum, memorial building, armory, assembly	65631
hall, or other building for the assemblage or betterment of people	65632
shall fail to obey any order of the state fire marshal, boards of	65633
health of city and general health districts, the building	65634
inspector or commissioner in cities having a building inspection	65635
department, or the superintendent of ~~the division of industrial~~	65636
~~compliance~~labor in the department of commerce under Chapters	65637
3781. and 3791. of the Revised Code or rules or regulations	65638
adopted pursuant thereto.	65639

Whoever violates this section shall be fined not more than	65640
one thousand dollars.	65641

Sec. 3791.04. (A)(1) Before beginning the construction,	65642
erection, or manufacture of any building to which section 3781.06	65643
of the Revised Code applies, including all industrialized units,	65644
the owner of that building, in addition to any other submission	65645
required by law, shall submit plans or drawings, specifications,	65646
and data prepared for the construction, erection, equipment,	65647
alteration, or addition that indicate the portions that have been	65648
approved pursuant to section 3781.12 of the Revised Code and for	65649
which no further approval is required, to the municipal, township,	65650
or county building department having jurisdiction unless one of	65651
the following applies:	65652

(a) If no municipal, township, or county building department	65653
certified for nonresidential buildings pursuant to division (E) of	65654
section 3781.10 of the Revised Code has jurisdiction, the owner	65655
shall make the submissions described in division (A)(1) of this	65656
section to the superintendent of ~~the division of industrial~~	65657
~~compliance~~labor.	65658

(b) If no certified municipal, township, or county building	65659
department certified for residential buildings pursuant to	65660
division (E) of section 3781.10 of the Revised Code has	65661
jurisdiction, the owner is not required to make the submissions	65662
described in division (A)(1) of this section.	65663

(2)(a) The seal of an architect registered under Chapter	65664
4703. of the Revised Code or an engineer registered under Chapter	65665
4733. of the Revised Code is required for any plans, drawings,	65666
specifications, or data submitted for approval, unless the plans,	65667
drawings, specifications, or data are permitted to be prepared by	65668
persons other than registered architects pursuant to division (C)	65669
or (D) of section 4703.18 of the Revised Code, or by persons other	65670
than registered engineers pursuant to division (C) or (D) of	65671
section 4733.18 of the Revised Code.	65672

(b) No seal is required for any plans, drawings,	65673
specifications, or data submitted for approval for any residential	65674
buildings, as defined in section 3781.06 of the Revised Code, or	65675
erected as industrialized one-, two-, or three-family units or	65676
structures within the meaning of "industrialized unit" as defined	65677
in section 3781.06 of the Revised Code.	65678

(c) No seal is required for approval of the installation of	65679
replacement equipment or systems that are similar in type or	65680
capacity to the equipment or systems being replaced. No seal is	65681
required for approval for any new construction, improvement,	65682
alteration, repair, painting, decorating, or other modification of	65683
any buildings or structures subject to sections 3781.06 to 3781.18	65684
and 3791.04 of the Revised Code if the proposed work does not	65685
involve technical design analysis, as defined by rule adopted by	65686
the board of building standards.	65687

(B) No owner shall proceed with the construction, erection,	65688
alteration, or equipment of any building until the plans or	65689
drawings, specifications, and data have been approved as this	65690
section requires, or the industrialized unit inspected at the	65691
point of origin. No plans or specifications shall be approved or	65692
inspection approval given unless the building represented would,	65693
if constructed, repaired, erected, or equipped, comply with	65694
Chapters 3781. and 3791. of the Revised Code and any rule made	65695
under those chapters.	65696

(C) The approval of plans or drawings and specifications or	65697
data pursuant to this section is invalid if construction,	65698
erection, alteration, or other work upon the building has not	65699
commenced within twelve months of the approval of the plans or	65700
drawings and specifications. One extension shall be granted for an	65701
additional twelve-month period if the owner requests at least ten	65702
days in advance of the expiration of the permit and upon payment	65703
of a fee not to exceed one hundred dollars. If in the course of	65704
construction, work is delayed or suspended for more than six	65705
months, the approval of plans or drawings and specifications or	65706
data is invalid. Two extensions shall be granted for six months	65707
each if the owner requests at least ten days in advance of the	65708
expiration of the permit and upon payment of a fee for each	65709
extension of not more than one hundred dollars. Before any work	65710
may continue on the construction, erection, alteration, or	65711
equipment of any building for which the approval is invalid, the	65712
owner of the building shall resubmit the plans or drawings and	65713
specifications for approval pursuant to this section.	65714

(D) Subject to section 3791.042 of the Revised Code, the	65715
board of building standards or the legislative authority of a	65716
municipal corporation, township, or county, by rule, may regulate	65717
the requirements for the submission of plans and specifications to	65718
the respective enforcing departments and for processing by those	65719
departments. The board of building standards or the legislative	65720
authority of a municipal corporation, township, or county may	65721
adopt rules to provide for the approval, subject to section	65722
3791.042 of the Revised Code, by the department having	65723
jurisdiction of the plans for construction of a foundation or any	65724
other part of a building or structure before the complete plans	65725
and specifications for the entire building or structure are	65726
submitted. When any plans are approved by the department having	65727
jurisdiction, the structure and every particular represented by	65728
and disclosed in those plans shall, in the absence of fraud or a	65729
serious safety or sanitation hazard, be conclusively presumed to	65730
comply with Chapters 3781. and 3791. of the Revised Code and any	65731
rule issued pursuant to those chapters, if constructed, altered,	65732
or repaired in accordance with those plans and any rule in effect	65733
at the time of approval.	65734

(E) The approval of plans and specifications, including	65735
inspection of industrialized units, under this section is a	65736
"license" and the failure to approve plans or specifications as	65737
submitted or to inspect the unit at the point of origin within	65738
thirty days after the plans or specifications are filed or the	65739
request to inspect the industrialized unit is made, the	65740
disapproval of plans and specifications, or the refusal to approve	65741
an industrialized unit following inspection at the point of origin	65742
is "an adjudication order denying the issuance of a license"	65743
requiring an "adjudication hearing" as provided by sections 119.07	65744
to 119.13 of the Revised Code and as modified by sections 3781.031	65745
and 3781.19 of the Revised Code. An adjudication order denying the	65746
issuance of a license shall specify the reasons for that denial.	65747

(F) The board of building standards shall not require the	65748
submission of site preparation plans or plot plans to the division	65749
of ~~industrial compliance~~labor when industrialized units are used	65750
exclusively as one-, two-, or three-family dwellings.	65751

(G) Notwithstanding any procedures the board establishes, if	65752
the agency having jurisdiction objects to any portion of the plans	65753
or specifications, the owner or the owner's representative may	65754
request the agency to issue conditional approval to proceed with	65755
construction up to the point of the objection. Approval shall be	65756
issued only when the objection results from conflicting	65757
interpretations of the rules of the board of building standards	65758
rather than the application of specific technical requirements of	65759
the rules. Approval shall not be issued where the correction of	65760
the objection would cause extensive changes in the building design	65761
or construction. The giving of conditional approval is a	65762
"conditional license" to proceed with construction up to the point	65763
where the construction or materials objected to by the agency are	65764
to be incorporated into the building. No construction shall	65765
proceed beyond that point without the prior approval of the agency	65766
or another agency that conducts an adjudication hearing relative	65767
to the objection. The agency having jurisdiction shall specify its	65768
objections to the plans or specifications, which is an	65769
"adjudication order denying the issuance of a license" and may be	65770
appealed pursuant to sections 119.07 to 119.13 of the Revised Code	65771
and as modified by sections 3781.031 and 3781.19 of the Revised	65772
Code.	65773

(H) A certified municipal, township, or county building	65774
department having jurisdiction, or the superintendent ~~of the~~	65775
~~division of industrial compliance~~, as appropriate, shall review	65776
any plans, drawings, specifications, or data described in this	65777
section that are submitted to it or to the superintendent.	65778

(I) No owner or persons having control as an officer, or as a	65779
member of a board or committee, or otherwise, of a building to	65780
which section 3781.06 of the Revised Code is applicable, and no	65781
architect, designer, engineer, builder, contractor, subcontractor,	65782
or any officer or employee of a municipal, township, or county	65783
building department shall violate this section.	65784

(J) Whoever violates this section shall be fined not more	65785
than five hundred dollars.	65786

Sec. 3791.05. No owner, lessee, agent, factor, architect, or	65787
contractor engaged in and having supervision or charge of the	65788
building, erection, or construction of a block, building, or	65789
structure, shall neglect or refuse to place or have placed upon	65790
the joists of each story thereof, as soon as joists are in	65791
position, counter floors of such quality and strength as to render	65792
perfectly safe the going to and from thereon of all mechanics,	65793
laborers, and other persons engaged upon the work of construction	65794
or supervision, or in placing materials for such construction.	65795

Whoever violates this section shall be fined not less than	65796
twenty-five nor more than two hundred dollars.	65797

Each day that such person neglects or refuses to have such	65798
counter floors so placed, after notice is given by a building	65799
inspector, a chief inspector, or deputy inspector of the city	65800
building inspection department in cities where such department is	65801
organized, or by the superintendent of ~~the division of industrial~~	65802
~~compliance~~labor of the state, in cities where such departments	65803
are not organized, or from a person whose life or personal safety	65804
may be endangered by such neglect or refusal, is a separate	65805
offense.	65806

Sec. 3791.07. (A) The board of building standards may	65807
establish such reasonable inspection fee schedules as it	65808
determines necessary or desirable relating to the inspection of	65809
all plans and specifications submitted for approval to the	65810
division of ~~industrial compliance~~labor, and all industrialized	65811
units inspected at the point of origin and at the construction	65812
site of the building. The inspection fee schedule established	65813
shall bear some reasonable relationship to the cost of	65814
administering and enforcing the provisions of Chapters 3781. and	65815
3791. of the Revised Code.	65816

(B) In addition to the fee assessed in division (A) of this	65817
section, the board shall assess a fee of not more than five	65818
dollars for each application for acceptance and approval of plans	65819
and specifications and for making inspections pursuant to section	65820
3791.04 of the Revised Code. The board shall adopt rules, in	65821
accordance with Chapter 119. of the Revised Code, specifying the	65822
manner by which the superintendent of ~~the division of industrial~~	65823
~~compliance~~labor shall collect and remit to the board the fees	65824
assessed under this division and requiring that remittance of the	65825
fees be made at least quarterly.	65826

(C) Any person who fails to pay an inspection fee required	65827
for any inspection conducted by the department of commerce	65828
pursuant to Chapters 3781. and 3791. of the Revised Code, except	65829
for fees charged for the inspection of plans and specifications,	65830
within forty-five days after the inspection is conducted, shall	65831
pay a late payment fee equal to twenty-five per cent of the	65832
inspection fee.	65833

(D) The board shall pay the fees assessed under this section	65834
into the state treasury to the credit of the ~~industrial compliance~~	65835
labor operating fund created in section 121.084 of the Revised	65836
Code.	65837

Sec. 3793.02. (A) The department of alcohol and drug	65838
addiction services shall promote, assist in developing, and	65839
coordinate or conduct programs of education and research for the	65840
prevention of alcohol and drug addiction, the prevention of	65841
gambling addiction, the treatment, including intervention, of	65842
alcoholics and persons who abuse drugs of abuse, including	65843
anabolic steroids, and the treatment, including intervention, of	65844
persons with gambling addictions. Programs established by the	65845
department shall include abstinence-based prevention and treatment	65846
programs.	65847

(B) In addition to the other duties prescribed by this	65848
chapter, the department shall do all of the following:	65849

(1) Promote and coordinate efforts in the provision of	65850
alcohol and drug addiction services and of gambling addiction	65851
services by other state agencies, as defined in section 1.60 of	65852
the Revised Code; courts; hospitals; clinics; physicians in	65853
private practice; public health authorities; boards of alcohol,	65854
drug addiction, and mental health services; alcohol and drug	65855
addiction programs; law enforcement agencies; gambling addiction	65856
programs; and related groups;	65857

(2) Provide for education and training in prevention,	65858
diagnosis, treatment, and control of alcohol and drug addiction	65859
and of gambling addiction for medical students, physicians,	65860
nurses, social workers, professional counselors, psychologists,	65861
and other persons who provide alcohol and drug addiction services	65862
or gambling addiction services;	65863

(3) Provide training and consultation for persons who	65864
supervise alcohol and drug addiction programs and facilities or	65865
gambling addiction programs and facilities;	65866

(4) Develop measures for evaluating the effectiveness of	65867
alcohol and drug addiction services, including services that use	65868
methadone treatment, and of gambling addiction services, and for	65869
increasing the accountability of alcohol and drug addiction	65870
programs and of gambling addiction programs;	65871

(5) Provide to each court of record, and biennially update, a	65872
list of the treatment and education programs within that court's	65873
jurisdiction that the court may require an offender, sentenced	65874
pursuant to section 4511.19 of the Revised Code, to attend;	65875

(6) ~~Print and distribute~~Make the warning sign described in	65876
sections 3313.752, 3345.41, and 3707.50 of the Revised Code	65877
available on the department's internet web site;	65878

(7) Provide a program of gambling addiction services on	65879
behalf of the state lottery commission, pursuant to an agreement	65880
entered into with the director of the commission under division	65881
(K) of section 3770.02 of the Revised Code.	65882

(C) The department may accept and administer grants from	65883
public or private sources for carrying out any of the duties	65884
enumerated in this section.	65885

(D) Pursuant to Chapter 119. of the Revised Code, the	65886
department shall adopt a rule defining the term "intervention" as	65887
it is used in this chapter in connection with alcohol and drug	65888
addiction services and in connection with gambling addiction	65889
services. The department may adopt other rules as necessary to	65890
implement the requirements of this chapter.	65891

Sec. 3793.04. The department of alcohol and drug addiction	65892
services shall develop, administer, and revise as necessary a	65893
comprehensive statewide alcohol and drug addiction services plan	65894
for the implementation of this chapter. The plan shall emphasize	65895
abstinence from the use of alcohol and drugs of abuse as the	65896
primary goal of alcohol and drug addiction services. The council	65897
on alcohol and drug addiction services shall advise the department	65898
in the development and implementation of the plan.	65899

The plan shall provide for the allocation of state and	65900
federal funds for service furnished by alcohol and drug addiction	65901
programs under contract with boards of alcohol, drug addiction,	65902
and mental health services and for distribution of the funds to	65903
such boards. The plan shall specify the methodology that the	65904
department will use for determining how funds will be allocated	65905
and distributed. A portion of the funds shall be allocated on the	65906
basis of the ratio of the population of each alcohol, drug	65907
addiction, and mental health service district to the total	65908
population of the state as determined from the most recent federal	65909
census or the most recent official estimate made by the United	65910
States census bureau.	65911

The plan shall ensure that alcohol and drug addiction	65912
services of a high quality are accessible to, and responsive to	65913
the needs of, all persons, especially those who are members of	65914
underserved groups, including, but not limited to, African	65915
Americans, Hispanics, native Americans, Asians, juvenile and adult	65916
offenders, women, and persons with special services needs due to	65917
age or disability. The plan shall include a program to promote and	65918
protect the rights of those who receive services.	65919

To aid in formulating the plan and in evaluating the	65920
effectiveness and results of alcohol and drug addiction services,	65921
the department, in consultation with the department of mental	65922
health, shall establish and maintain an information system or	65923
systems. The department of alcohol and drug addiction services	65924
shall specify the information that must be provided by boards of	65925
alcohol, drug addiction, and mental health services and by alcohol	65926
and drug addiction programs for inclusion in the system. The	65927
department shall not collect any personal information ~~for the~~	65928
~~purpose of identifying by name any person who receives a service~~	65929
~~through a board,~~from the boards except as required or permitted	65930
by ~~the~~ state or federal law ~~to validate appropriate reimbursement~~	65931
for purposes related to payment, health care operations, program	65932
and service evaluation, reporting activities, research, system	65933
administration, and oversight.	65934

In consultation with boards, programs, and persons receiving	65935
services, the department shall establish guidelines for the use of	65936
state and federal funds and for the boards' development of plans	65937
for services required by sections 340.033 and 3793.05 of the	65938
Revised Code.	65939

In any fiscal year, the department shall spend, or allocate	65940
to boards, for methadone maintenance programs or any similar	65941
programs not more than eight per cent of the total amount	65942
appropriated to the department for the fiscal year.	65943

Sec. 3793.21. (A) The department of alcohol and drug	65944
addiction services shall annually establish a limit on the amount	65945
or portion of state and federal funds provided by the department	65946
to boards of alcohol, drug addiction, and mental health services	65947
that may be used for a board's administrative functions. The	65948
department may deny state or federal funds to a board that	65949
exceeds the limit established by the department. Administrative	65950
functions for which funds may be provided may include continuous	65951
quality improvement, utilization review, resource development,	65952
fiscal administration, general administration, and any other	65953
administrative function required by Chapter 340. of the Revised	65954
Code.	65955

(B) Any state or federal funds used for board administrative	65956
functions shall be from the funds allocated by the department to	65957
the boards according to the methodology specified by the	65958
department under the plan described in section 3793.04 of the	65959
Revised Code.	65960

(C) The director of alcohol and drug addiction services may	65961
waive the limit described by this section for a board of alcohol,	65962
drug addiction, and mental health services if, based on the	65963
board's prior written request, the director determines that an	65964
exception to the limit is warranted.	65965

(D) Each board shall submit an annual report to the	65966
department detailing its use of state and federal funds for the	65967
administrative functions of the board.	65968

Sec. 3901.38. As used in this section and sections 3901.381	65969
to 3901.3814 of the Revised Code:	65970

(A) "Beneficiary" means any policyholder, subscriber, member,	65971
employee, or other person who is eligible for benefits under a	65972
benefits contract.	65973

(B) "Benefits contract" means a sickness and accident	65974
insurance policy providing hospital, surgical, or medical expense	65975
coverage, or a health insuring corporation contract or other	65976
policy or agreement under which a third-party payer agrees to	65977
reimburse for covered health care or dental services rendered to	65978
beneficiaries, up to the limits and exclusions contained in the	65979
benefits contract.	65980

(C) "Hospital" has the same meaning as in section 3727.01 of	65981
the Revised Code.	65982

(D) "Medicaid managed care organization" means a managed care	65983
organization that has a contract with the department of job and	65984
family services pursuant to section 5111.17 of the Revised Code.	65985

(E) "Provider" means a hospital, nursing home, physician,	65986
podiatrist, dentist, pharmacist, chiropractor, or other health	65987
care provider entitled to reimbursement by a third-party payer for	65988
services rendered to a beneficiary under a benefits contract.	65989

~~(E)~~(F) "Reimburse" means indemnify, make payment, or	65990
otherwise accept responsibility for payment for health care	65991
services rendered to a beneficiary, or arrange for the provision	65992
of health care services to a beneficiary.	65993

~~(F)~~(G) "Third-party payer" means any of the following:

65994

(1) An insurance company;

65995

(2) A health insuring corporation;

65996

(3) A labor organization;

65997

(4) An employer;

65998

(5) An intermediary organization, as defined in section	65999
1751.01 of the Revised Code, that is not a health delivery network	66000
contracting solely with self-insured employers;	66001

(6) An administrator subject to sections 3959.01 to 3959.16	66002
of the Revised Code;	66003

(7) A health delivery network, as defined in section 1751.01	66004
of the Revised Code;	66005

(8) A medicaid managed care organization;

66006

(9) Any other person that is obligated pursuant to a benefits	66007
contract to reimburse for covered health care services rendered to	66008
beneficiaries under such contract.	66009

Sec. 3901.383. (A) A provider and a third-party payer may do	66010
either of the following:	66011

(1) Enter into a contractual agreement under which time	66012
periods shorter than those set forth in section 3901.381 of the	66013
Revised Code are applicable to the third-party payer in paying a	66014
claim for any amount due for health care services rendered by the	66015
provider;	66016

(2) Enter into a contractual agreement under which the timing	66017
of payments by the third-party payer is not directly related to	66018
the receipt of a claim form. The contractual arrangement may	66019
include periodic interim payment arrangements, capitation payment	66020
arrangements, or other periodic payment arrangements acceptable to	66021
the provider and the third-party payer. Under a capitation payment	66022
arrangement, the third-party payer shall begin paying the	66023
capitated amounts to the beneficiary's primary care provider not	66024
later than sixty days after the date the beneficiary selects or is	66025
assigned to the provider. Under any other contractual periodic	66026
payment arrangement, the contractual agreement shall state, with	66027
specificity, the timing of payments by the third-party payer.	66028

(B) ~~Regardless of whether a third-party payer is exempted~~	66029
~~under division (D) of section 3901.3814 from sections 3901.38 and~~	66030
~~3901.381 to 3901.3813 of the Revised Code, a~~A provider and ~~the~~a	66031
third-party payer, including a third-party payer that provides	66032
coverage under the medicaid program, shall not enter into a	66033
contractual arrangement under which time periods longer than those	66034
provided for in paragraph (c)(1) of 42 C.F.R. 447.46 are	66035
applicable to the third-party payer in paying a claim for any	66036
amount due for health care services rendered by the provider.	66037

Sec. 3901.3812. (A) If, after completion of an examination	66038
involving information collected from a six-month period, the	66039
superintendent finds that a third-party payer has committed a	66040
series of violations that, taken together, constitutes a	66041
consistent pattern or practice of violating division (A) of	66042
section 3901.3811 of the Revised Code, the superintendent may	66043
impose on the third-party payer any of the administrative remedies	66044
specified in division (B) of this section. In making a finding	66045
under this division, the superintendent shall apply the error	66046
tolerance standards for claims processing contained in the market	66047
conduct examiners handbook issued by the national association of	66048
insurance commissioners in effect at the time the claims were	66049
processed.	66050

Before imposing an administrative remedy, the superintendent	66051
shall provide written notice to the third-party payer informing	66052
the third-party payer of the reasons for the superintendent's	66053
finding, the administrative remedy the superintendent proposes to	66054
impose, and the opportunity to submit a written request for an	66055
administrative hearing regarding the finding and proposed remedy.	66056
If the third-party payer requests a hearing, the superintendent	66057
shall conduct the hearing in accordance with Chapter 119. of the	66058
Revised Code not later than fifteen days after receipt of the	66059
request.	66060

(B)(1) In imposing administrative remedies under division (A)	66061
of this section for violations of section 3901.381 of the Revised	66062
Code, the superintendent may do any of the following:	66063

(a) Levy a monetary penalty in an amount determined in	66064
accordance with division (B)(3) of this section;	66065

(b) Order the payment of interest directly to the provider in	66066
accordance with section 3901.389 of the Revised Code;	66067

(c) Order the third-party payer to cease and desist from	66068
engaging in the violations;	66069

(d) If a monetary penalty is not levied under division	66070
(B)(1)(a) of this section, impose any of the administrative	66071
remedies provided for in section 3901.22 of the Revised Code,	66072
other than those specified in divisions (D)(4) and (5) and (G) of	66073
that section.	66074

(2) In imposing administrative remedies under division (A)	66075
of this section for violations of sections 3901.384 to 3901.3810	66076
of the Revised Code, the superintendent may do any of the	66077
following:	66078

(a) Levy a monetary penalty in an amount determined in	66079
accordance with division (B)(3) of this section;	66080

(b) Order the payment of interest directly to the provider in	66081
accordance with section 3901.38 of the Revised Code;	66082

(c) Order the third-party payer to cease and desist from	66083
engaging in the violations;	66084

(d) If a monetary penalty is not levied under division	66085
(B)(2)(a) of this section, impose any of the administrative	66086
remedies provided for in section 3901.22 of the Revised Code,	66087
other than those specified in divisions (D)(4) and (5) and (G) of	66088
that section. For violations of sections 3901.384 to 3901.3810 of	66089
the Revised Code that did not comply with section 3901.381 of the	66090
Revised Code, the superintendent may also use section 3901.22 of	66091
the Revised Code except divisions (D)(4) and (5) of that section.	66092

(3) A finding by the superintendent that a third-party payer	66093
has committed a series of violations that, taken together,	66094
constitutes a consistent pattern or practice of violating division	66095
(A) of section 3901.3811 of the Revised Code, shall constitute a	66096
single offense for purposes of levying a fine under division	66097
(B)(1)(a) and (B)(2)(a) of this section. For a first offense, the	66098
superintendent may levy a fine of not more than one hundred	66099
thousand dollars. For a second offense that occurs on or earlier	66100
than four years from the first offense, the superintendent may	66101
levy a fine of not more than one hundred fifty thousand dollars.	66102
For a third or additional offense that occurs on or earlier than	66103
seven years after a first offense, the superintendent may levy a	66104
fine of not more than three hundred thousand dollars. In	66105
determining the amount of a fine to be levied within the specified	66106
limits, the superintendent shall consider the following factors:	66107

(a) The extent and frequency of the violations;

66108

(b) Whether the violations were due to circumstances beyond	66109
the third-party payer's control;	66110

(c) Any remedial actions taken by the third-party payer to	66111
prevent future violations;	66112

(d) The actual or potential harm to others resulting from the	66113
violations;	66114

(e) If the third-party payer knowingly and willingly	66115
committed the violations;	66116

(f) The third-party payer's financial condition;

66117

(g) Any other factors the superintendent considers	66118
appropriate.	66119

(C) The remedies imposed by the superintendent under this	66120
section are in addition to, and not in lieu of, such other	66121
remedies as providers and beneficiaries may otherwise have by law.	66122

(D) Any fine collected under this section shall be paid into	66123
the state treasury as follows:	66124

(1) Twenty-five per cent of the total to the credit of the	66125
department of insurance operating fund created by section 3901.021	66126
of the Revised Code;	66127

(2) Sixty-five per cent of the total to the credit of the	66128
general revenue fund;	66129

(3) Ten per cent of the total to the credit of claims	66130
processing education ~~fund~~account, which is hereby created within	66131
the department of insurance operating fund created by section	66132
3901.021 of the Revised Code.	66133

All money credited to the claims processing education ~~fund~~	66134
account shall be used by the department of insurance to make	66135
technical assistance available to third-party payers, providers,	66136
and beneficiaries for effective implementation of the provisions	66137
of sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code.	66138

Sec. 3901.3814. (A) Sections 3901.38 and 3901.381 to	66139
3901.3813 of the Revised Code do not apply to the following:	66140

~~(A)~~(1) Policies offering coverage that is regulated under	66141
Chapters 3935. and 3937. of the Revised Code;	66142

~~(B)~~(2) An employer's self-insurance plan and any of its	66143
administrators, as defined in section 3959.01 of the Revised Code,	66144
to the extent that federal law supersedes, preempts, prohibits, or	66145
otherwise precludes the application of any provisions of those	66146
sections to the plan and its administrators;	66147

~~(C)~~(3) A third-party payer for coverage provided under the	66148
medicare advantage program operated under Title XVIII of the	66149
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	66150
amended;	66151

~~(D) A third-party payer for coverage provided under the~~	66152
~~medicaid program operated under Title XIX of the "Social Security~~	66153
~~Act," except that if a federal waiver applied for under section~~	66154
~~5111.178 of the Revised Code is granted or the director of job and~~	66155
~~family services determines that this provision can be implemented~~	66156
~~without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of~~	66157
~~the Revised Code apply to claims submitted electronically or~~	66158
~~non-electronically that are made with respect to coverage of~~	66159
~~medicaid recipients by health insuring corporations licensed under~~	66160
~~Chapter 1751. of the Revised Code, instead of the prompt payment~~	66161
~~requirements of 42 C.F.R. 447.46;~~	66162

~~(E)~~(4) A third-party payer for coverage provided under the	66163
tricare program offered by the United States department of	66164
defense.;	66165

~~(F)~~(5) A third-party payer for coverage provided under the	66166
children's buy-in program established under sections 5101.5211 to	66167
5101.5216 of the Revised Code.	66168

(B) The application of sections 3901.38 to 3901.3813 of the	66169
Revised Code to medicaid managed care organizations neither	66170
affects the department of job and family services' authority	66171
under section 5111.01 of the Revised Code to act as the single	66172
state medicaid agency nor affects the department's authority to	66173
enter into contracts with managed care organizations under section	66174
5111.17 of the Revised Code.	66175

Sec. 3903.77. (A) Every property and casualty insurance	66176
company doing business in this state, except as exempted by rule	66177
adopted by the superintendent of insurance, annually, shall cause	66178
to be prepared by an actuary, appointed by the company, the	66179
following documents:	66180

(1) An actuarial opinion that certifies to the current	66181
adequacy of the insurance company's reserves and that shall be	66182
entitled a "statement of actuarial opinion";	66183

(2) A summary that shall be in support of the statement of	66184
actuarial opinion and that shall be entitled an "actuarial opinion	66185
summary." An insurance company licensed but not domiciled in this	66186
state need not include the actuarial opinion summary in its	66187
submissions to the superintendent but shall make the summary	66188
available to the superintendent upon request.	66189

(B) The insurance company annually shall submit the documents	66190
prepared pursuant to division (A) of this section to the	66191
superintendent in accordance with the national association of	66192
insurance commissioners' property and casualty annual statement	66193
instructions. The documents shall accompany the insurance	66194
company's annual financial statement described in section 3901.77	66195
of the Revised Code.	66196

(C)(1) Every property and casualty insurance company doing	66197
business in this state shall prior to preparation of the statement	66198
of actuarial opinion and the actuarial opinion summary prepare an	66199
actuarial report and underlying work papers to support the	66200
statement of actuarial opinion and the actuarial opinion summary	66201
required under division (A) of this section in accordance with the	66202
national association of insurance commissioners' property and	66203
casualty statement instructions. The insurance company shall make	66204
the actuarial report and underlying work papers available to the	66205
superintendent upon request.	66206

(2) If an insurance company fails to provide the actuarial	66207
report or work papers at the request of the superintendent	66208
pursuant to division (C)(1) of this section or the superintendent	66209
determines that the actuarial report or work papers provided are	66210
unacceptable, the superintendent may contract with a qualified	66211
actuary at the expense of the insurance company to review the	66212
statement of actuarial opinion provided by the insurance company	66213
pursuant to division (A) of this section and the basis for that	66214
opinion and to prepare an actuarial report and work papers.	66215

(D) Except in cases of fraud or willful misconduct on the	66216
part of the actuary, no actuary appointed by an insurance company	66217
to prepare the statement of actuarial opinion and actuarial	66218
opinion summary required under division (A) of this section is	66219
liable for damages to any person except the insurance company and	66220
the superintendent for any act, error, omission, decision, or	66221
conduct with respect to the actuary's opinion.	66222

(E) The statement of actuarial opinion required under	66223
division (A) of this section is a public document and a public	66224
record as defined in section 149.43 of the Revised Code. However,	66225
the actuarial opinion summary, actuarial report, work papers, and	66226
any documents, materials or other information provided in support	66227
of the statement of actuarial opinion are privileged and	66228
confidential, are not a public record, and are not subject to	66229
subpoena or to discovery, and are not admissible in evidence in	66230
any private civil action.	66231

Neither the superintendent nor any person who receives	66232
documents, materials, or other information required to be kept	66233
confidential under this division while acting under the authority	66234
of the superintendent shall testify in any private civil action	66235
concerning any documents, materials, or other information required	66236
to be kept confidential under this division.	66237

This section shall not be construed to limit the	66238
superintendent's authority to release documents to the actuarial	66239
board for counseling and discipline so long as the documents are	66240
necessary for the purpose of professional disciplinary proceedings	66241
and the actuarial board for counseling and discipline establishes	66242
procedures satisfactory to the superintendent for preserving the	66243
confidentiality of the documents. Neither shall this section be	66244
construed to limit the superintendent's authority to use	66245
documents, materials, nor other information in furtherance of any	66246
regulatory or legal action brought as part of the superintendent's	66247
official duties.	66248

(F) In order to assist in the performance of the	66249
superintendent's duties, the superintendent may do all of the	66250
following:	66251

(1) Share documents, materials, or other information,	66252
including any documents, materials, or other information required	66253
to be kept confidential under division (E) of this section, with	66254
other state, federal, and international regulatory and law	66255
enforcement agencies and with the national association of	66256
insurance commissioners including its affiliates and subsidiaries	66257
if the recipient agrees to maintain the confidentiality and	66258
privileged status of the document, material, or other information	66259
and has the legal authority to maintain confidentiality;	66260

(2) Receive documents, materials, or other information,	66261
including otherwise confidential and privileged documents,	66262
materials, and information from other state, federal, and	66263
international regulatory and law enforcement agencies and from the	66264
national association of insurance commissioners including its	66265
affiliates and subsidiaries. The superintendent shall maintain the	66266
confidentiality and privileged status of any document, material,	66267
or other information received with notice of confidential and	66268
privileged status under the laws of the jurisdiction that is the	66269
source of the document, material, or information.	66270

(3) Enter into agreements consistent with divisions (E) and	66271
(F) of this section for the sharing and use of information.	66272

(G) No waiver of any privilege or claim of confidentiality of	66273
documents, materials, or other information shall occur as a result	66274
of any disclosure to the superintendent under this section or as a	66275
result of any sharing of documents, materials, or other	66276
information authorized by the superintendent under division (G) of	66277
this section.	66278

(H) As used in this section, "qualified actuary" means a	66279
person who is a member in good standing of the American academy of	66280
actuaries and who meets the requirements identified in the	66281
national association of insurance commissioners' property and	66282
casualty statement instructions.	66283

Sec. 3923.021. (A) As used in this section~~, "benefits~~:

66284

(1) "Benefits provided are not unreasonable in relation to	66285
the premium charged" means the rates were calculated in accordance	66286
with sound actuarial principles.	66287

(2) "Individual policy of sickness and accident insurance"	66288
includes sickness and accident insurance made available by	66289
insurers in the individual market to individuals, with or without	66290
family members or dependents, through group policies issued to one	66291
or more associations or entities.	66292

(B) With respect to any filing, made pursuant to section	66293
3923.02 of the Revised Code, of any premium rates for any	66294
individual policy of sickness and accident insurance or	66295
certificates made available by an insurer to individuals in the	66296
individual market through a group policy or for any indorsement or	66297
rider pertaining thereto, the superintendent of insurance may,	66298
within thirty days after filing:	66299

(1) Disapprove such filing after finding that the benefits	66300
provided are unreasonable in relation to the premium charged.	66301
Such disapproval shall be effected by written order of the	66302
superintendent, a copy of which shall be mailed to the insurer	66303
that has made the filing. In the order, the superintendent shall	66304
specify the reasons for the disapproval and state that a hearing	66305
will be held within fifteen days after requested in writing by the	66306
insurer. If a hearing is so requested, the superintendent shall	66307
also give such public notice as the superintendent considers	66308
appropriate. The superintendent, within fifteen days after the	66309
commencement of any hearing, shall issue a written order, a copy	66310
of which shall be mailed to the insurer that has made the filing,	66311
either affirming the prior disapproval or approving such filing	66312
after finding that the benefits provided are not unreasonable in	66313
relation to the premium charged.	66314

(2) Set a date for a public hearing to commence no later than	66315
forty days after the filing. The superintendent shall give the	66316
insurer making the filing twenty days' written notice of the	66317
hearing and shall give such public notice as the superintendent	66318
considers appropriate. The superintendent, within twenty days	66319
after the commencement of a hearing, shall issue a written order,	66320
a copy of which shall be mailed to the insurer that has made the	66321
filing, either approving such filing if the superintendent finds	66322
that the benefits provided are not unreasonable in relation to the	66323
premium charged, or disapproving such filing if the superintendent	66324
finds that the benefits provided are unreasonable in relation to	66325
the premium charged. This division does not apply to any insurer	66326
organized or transacting the business of insurance under Chapter	66327
3907. or 3909. of the Revised Code.	66328

(3) Take no action, in which case such filing shall be deemed	66329
to be approved and shall become effective upon the thirty-first	66330
day after such filing, unless the superintendent has previously	66331
given to the insurer a written approval.	66332

(C) At any time after any filing has been approved pursuant	66333
to this section, the superintendent may, after a hearing of which	66334
at least twenty days' written notice has been given to the insurer	66335
that has made such filing and for which such public notice as the	66336
superintendent considers appropriate has been given, withdraw	66337
approval of such filing after finding that the benefits provided	66338
are unreasonable in relation to the premium charged. Such	66339
withdrawal of approval shall be effected by written order of the	66340
superintendent, a copy of which shall be mailed to the insurer	66341
that has made the filing, which shall state the ground for such	66342
withdrawal and the date, not less than forty days after the date	66343
of such order, when the withdrawal or approval shall become	66344
effective.	66345

(D) The superintendent may retain at the insurer's expense	66346
such attorneys, actuaries, accountants, and other experts not	66347
otherwise a part of the superintendent's staff as shall be	66348
reasonably necessary to assist in the preparation for and conduct	66349
of any public hearing under this section. The expense for	66350
retaining such experts and the expenses of the department of	66351
insurance incurred in connection with such public hearing shall be	66352
assessed against the insurer in an amount not to exceed one	66353
one-hundredth of one per cent of the sum of premiums earned plus	66354
net realized investment gain or loss of such insurer as reflected	66355
in the most current annual statement on file with the	66356
superintendent. Any person retained shall be under the direction	66357
and control of the superintendent and shall act in a purely	66358
advisory capacity.	66359

Sec. 3923.022. (A) As used in this section:

66360

(1)(a) "Administrative expense" means the amount resulting	66361
from the following: the amount of premiums ~~received~~earned by the	66362
insurer for sickness and accident insurance business plus the	66363
amount of losses recovered from reinsurance coverage minus the sum	66364
of the amount of claims for losses paid; the amount of losses	66365
incurred but not reported; the amount ~~paid~~incurred for state	66366
fees, federal and state taxes, and reinsurance; and the incurred	66367
costs and expenses related, either directly or indirectly, to the	66368
payment of commissions, measures to control fraud, and managed	66369
care.	66370

(b) "Administrative expense" does not include any amounts	66371
collected, or administrative expenses incurred, by an insurer for	66372
the administration of an employee health benefit plan subject to	66373
regulation by the federal "Employee Retirement Income Security Act	66374
of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended. "Amounts	66375
collected or administrative expenses incurred" means the total	66376
amount paid to an administrator for the administration and payment	66377
of claims minus the sum of the amount of claims for losses paid	66378
and the amount of losses incurred but not reported.	66379

(2) "Insurer" means any insurance company authorized under	66380
Title XXXIX of the Revised Code to do the business of sickness and	66381
accident insurance in this state.	66382

(3) "Sickness and accident insurance business" does not	66383
include coverage provided by an insurer for specific diseases or	66384
accidents only; any hospital indemnity, medicare supplement,	66385
long-term care, disability income, one-time-limited-duration	66386
policy of no longer than six months, or other policy that offers	66387
only supplemental benefits; or coverage provided to individuals	66388
who are not residents of this state.	66389

(4) "Individual business" includes both individual sickness	66390
and accident insurance and sickness and accident insurance made	66391
available by insurers in the individual market to individuals,	66392
with or without family members or dependents, through group	66393
policies issued to one or more associations or entities.	66394

(B) Notwithstanding section 3941.14 of the Revised Code, ~~the~~	66395
~~following apply to every insurer:~~	66396

~~(1) For calendar year 1993, each insurer shall have aggregate~~	66397
~~administrative expenses of no more than forty per cent of the~~	66398
~~premium income of the insurer, based on the premiums received in~~	66399
~~that year on the sickness and accident insurance business of the~~	66400
~~insurer.~~	66401

~~(2) For calendar year 1994, each insurer shall have aggregate~~	66402
~~administrative expenses of no more than thirty per cent of the~~	66403
~~premium income of the insurer, based on the premiums received in~~	66404
~~that year on the sickness and accident insurance business of the~~	66405
~~insurer.~~	66406

~~(3) For calendar year 1995, each insurer shall have aggregate~~	66407
~~administrative expenses of no more than twenty-five per cent of~~	66408
~~the premium income of the insurer, based on the premiums received~~	66409
~~in that year on the sickness and accident insurance business of~~	66410
~~the insurer.~~	66411

~~(4) For calendar year 1996 and every calendar year~~	66412
~~thereafter,~~ each insurer shall have aggregate administrative	66413
expenses of no more than twenty per cent of the premium income of	66414
the insurer, based on the premiums ~~received~~earned in that year on	66415
the sickness and accident insurance business of the insurer.	66416

(C)(1) Each insurer, on the first day of January or within	66417
sixty days thereafter, shall annually prepare, under oath, and	66418
deposit in the office of the superintendent of insurance a	66419
statement of the aggregate administrative expenses of the insurer,	66420
based on the premiums ~~received~~earned in the immediately preceding	66421
calendar year on the sickness and accident insurance business of	66422
the insurer. The statement shall itemize and separately detail all	66423
of the following information with respect to the insurer's	66424
sickness and accident insurance business:	66425

(a) The amount of premiums earned by the insurer both before	66426
and after any costs related to the insurer's purchase of	66427
reinsurance coverage;	66428

(b) The total amount of claims for losses paid by the insurer	66429
both before and after any reimbursement from reinsurance coverage;	66430

(c) The amount of any losses incurred by the insurer but not	66431
reported by the insurer in the current or prior year;	66432

(d) The amount of costs incurred by the insurer for state	66433
fees and federal and state taxes;	66434

(e) The amount of costs incurred by the insurer for	66435
reinsurance coverage;	66436

(f) The amount of costs incurred by the insurer that are	66437
related to the insurer's payment of commissions;	66438

(g) The amount of costs incurred by the insurer that are	66439
related to the insurer's fraud prevention measures;	66440

(h) The amount of costs incurred by the insurer that are	66441
related to managed care; and	66442

(i) Any other administrative expenses incurred by the	66443
insurer.	66444

(2) The statement also shall include all of the information	66445
required under division (C)(1) of this section separately detailed	66446
for the insurer's individual business, small group business, and	66447
large group business.	66448

(D) No insurer shall fail to comply with ~~division (B) of~~ this	66449
section.	66450

(E) If the superintendent determines that an insurer has	66451
violated ~~division (D) of~~ this section, the superintendent,	66452
pursuant to an adjudication conducted in accordance with Chapter	66453
119. of the Revised Code, may order the suspension of the	66454
insurer's license to do the business of sickness and accident	66455
insurance in this state until the superintendent is satisfied that	66456
the insurer is in compliance with ~~division (B) of~~ this section. If	66457
the insurer continues to do the business of sickness and accident	66458
insurance in this state while under the suspension order, the	66459
superintendent shall order the insurer to pay one thousand dollars	66460
for each day of the violation.	66461

(F) Any money collected by the superintendent under division	66462
(E) of this section shall be deposited by ~~him~~the superintendent	66463
into the state treasury to the credit of the department of	66464
insurance operating fund.	66465

Sec. 3923.122. (A) Every policy of group sickness and	66466
accident insurance providing hospital, surgical, or medical	66467
expense coverage for other than specific diseases or accidents	66468
only, and delivered, issued for delivery, or renewed in this state	66469
on or after January 1, 1976, shall include a provision giving each	66470
insured the option to convert to the following:	66471

(1) In the case of an individual who is not a federally	66472
eligible individual, any of the individual policies of hospital,	66473
surgical, or medical expense insurance then being issued by the	66474
insurer with benefit limits not to exceed those in effect under	66475
the group policy;	66476

(2) In the case of a federally eligible individual, a basic	66477
or standard plan established ~~by the board of directors of the Ohio~~	66478
~~health reinsurance program~~in accordance with section 3924.10 of	66479
the Revised Code or plans substantially similar to the basic and	66480
standard plan in benefit design and scope of covered services. For	66481
purposes of division (A)(2) of this section, the superintendent of	66482
insurance shall determine whether a plan is substantially similar	66483
to the basic or standard plan in benefit design and scope of	66484
covered services.	66485

(B) An option for conversion to an individual policy shall be	66486
available without evidence of insurability to every insured,	66487
including any person eligible under division (D) of this section,	66488
who terminates employment or membership in the group holding the	66489
policy after having been continuously insured thereunder for at	66490
least one year.	66491

Upon receipt of the insured's written application and upon	66492
payment of at least the first quarterly premium not later than	66493
thirty-one days after the termination of coverage under the group	66494
policy, the insurer shall issue a converted policy on a form then	66495
available for conversion. The premium shall be in accordance with	66496
the insurer's table of premium rates in effect on the later of the	66497
following dates:	66498

(1) The effective date of the converted policy;

66499

(2) The date of application therefor; and shall be applicable	66500
to the class of risk to which each person covered belongs and to	66501
the form and amount of the policy at the person's then attained	66502
age. However, premiums charged federally eligible individuals may	66503
not exceed an amount that is ~~two~~one and one-half times the	66504
~~midpoint of the standard~~base rate charged any other individual of	66505
a group to which the insurer is currently accepting new business	66506
and for which similar copayments and deductibles are applied.	66507

At the election of the insurer, a separate converted policy	66508
may be issued to cover any dependent of an employee or member of	66509
the group.	66510

Except as provided in division (H) of this section, any	66511
converted policy shall become effective as of the day following	66512
the date of termination of insurance under the group policy.	66513

Any probationary or waiting period set forth in the converted	66514
policy is deemed to commence on the effective date of the	66515
insured's coverage under the group policy.	66516

(C) No insurer shall be required to issue a converted policy	66517
to any person who is, or is eligible to be, covered for benefits	66518
at least comparable to the group policy under:	66519

(1) Title XVIII of the Social Security Act, as amended or	66520
superseded;	66521

(2) Any act of congress or law under this or any other state	66522
of the United States that duplicates coverage offered under	66523
division (C)(1) of this section;	66524

(3) Any policy that duplicates coverage offered under	66525
division (C)(1) of this section;	66526

(4) Any other group sickness and accident insurance providing	66527
hospital, surgical, or medical expense coverage for other than	66528
specific diseases or accidents only.	66529

(D) The option for conversion shall be available:

66530

(1) Upon the death of the employee or member, to the	66531
surviving spouse with respect to such of the spouse and dependents	66532
as are then covered by the group policy;	66533

(2) To a child solely with respect to the child upon	66534
attaining the limiting age of coverage under the group policy	66535
while covered as a dependent thereunder;	66536

(3) Upon the divorce, dissolution, or annulment of the	66537
marriage of the employee or member, to the divorced spouse, or	66538
former spouse in the event of annulment, of such employee or	66539
member, or upon the legal separation of the spouse from such	66540
employee or member, to the spouse.	66541

Persons possessing the option for conversion pursuant to this	66542
division shall be considered members for the purposes of division	66543
(H) of this section.	66544

(E) If coverage is continued under a group policy on an	66545
employee following retirement prior to the time the employee is,	66546
or is eligible to be, covered by Title XVIII of the Social	66547
Security Act, the employee may elect, in lieu of the continuance	66548
of group insurance, to have the same conversion rights as would	66549
apply had the employee's insurance terminated at retirement by	66550
reason of termination of employment.	66551

(F) If the insurer and the group policyholder agree upon one	66552
or more additional plans of benefits to be available for converted	66553
policies, the applicant for the converted policy may elect such a	66554
plan in lieu of a converted policy.	66555

(G) The converted policy may contain provisions for avoiding	66556
duplication of benefits provided pursuant to divisions (C)(1),	66557
(2), (3), and (4) of this section or provided under any other	66558
insured or noninsured plan or program.	66559

(H) If an employee or member becomes entitled to obtain a	66560
converted policy pursuant to this section, and if the employee or	66561
member has not received notice of the conversion privilege at	66562
least fifteen days prior to the expiration of the thirty-one-day	66563
conversion period provided in division (B) of this section, then	66564
the employee or member has an additional period within which to	66565
exercise the privilege. This additional period shall expire	66566
fifteen days after the employee or member receives notice, but in	66567
no event shall the period extend beyond sixty days after the	66568
expiration of the thirty-one-day conversion period.	66569

Written notice presented to the employee or member, or mailed	66570
by the policyholder to the last known address of the employee or	66571
member as indicated on its records, constitutes notice for the	66572
purpose of this division. In the case of a person who is eligible	66573
for a converted policy under division (D)(2) or (D)(3) of this	66574
section, a policyholder shall not be responsible for presenting or	66575
mailing such notice, unless such policyholder has actual knowledge	66576
of the person's eligibility for a converted policy.	66577

If an additional period is allowed by an employee or member	66578
for the exercise of a conversion privilege, and if written	66579
application for the converted policy, accompanied by at least the	66580
first quarterly premium, is made after the expiration of the	66581
thirty-one-day conversion period, but within the additional period	66582
allowed an employee or member in accordance with this division,	66583
the effective date of the converted policy shall be the date of	66584
application.	66585

(I) The converted policy may provide that any hospital,	66586
surgical, or medical expense benefits otherwise payable with	66587
respect to any person may be reduced by the amount of any such	66588
benefits payable under the group policy for the same loss after	66589
termination of coverage.	66590

(J) The converted policy may contain:

66591

(1) Any exclusion, reduction, or limitation contained in the	66592
group policy or customarily used in individual policies issued by	66593
the insurer;	66594

(2) Any provision permitted in this section;

66595

(3) Any other provision not prohibited by law.

66596

Any provision required or permitted in this section may be	66597
made a part of any converted policy by means of an endorsement or	66598
rider.	66599

(K) The time limit specified in a converted policy for	66600
certain defenses with respect to any person who was covered by a	66601
group policy shall commence on the effective date of such person's	66602
coverage under the group policy.	66603

(L) No insurer shall use deterioration of health as the basis	66604
for refusing to renew a converted policy.	66605

(M) No insurer shall use age or health status as the basis	66606
for refusing to renew a converted policy.	66607

(N) A converted policy made available pursuant to this	66608
section shall, if delivery of the policy is to be made in this	66609
state, comply with this section. If delivery of a converted policy	66610
is to be made in another state, it may be on a form offered by the	66611
insurer in the jurisdiction where the delivery is to be made and	66612
which provides benefits substantially in compliance with those	66613
required in a policy delivered in this state.	66614

(O) As used in this section~~, "federally~~:

66615

(1) "Base rate" means, as to any health benefit plan that is	66616
issued by an insurer in the individual market, the lowest premium	66617
rate for new or existing business prescribed by the insurer for	66618
the same or similar coverage under a plan or arrangement covering	66619
any individual with similar case characteristics.	66620

(2) "Federally eligible individual" means an eligible	66621
individual as defined in 45 C.F.R. 148.103.	66622

Sec. 3923.24. ~~Every~~(A) Notwithstanding section 3901.71 of	66623
the Revised Code, every certificate furnished by an insurer in	66624
connection with, or pursuant to any provision of, any group	66625
sickness and accident insurance policy delivered, issued for	66626
delivery, renewed, or used in this state on or after January 1,	66627
1972, ~~and~~ every policy of sickness and accident insurance	66628
delivered, issued for delivery, renewed, or used in this state on	66629
or after January 1, 1972, and every multiple employer welfare	66630
arrangement offering an insurance program, which provides that	66631
coverage of an unmarried dependent child of a parent or legal	66632
guardian will terminate upon attainment of the limiting age for	66633
dependent children specified in the contract shall also provide	66634
in substance ~~that~~both of the following:	66635

(1) That the limiting age shall not be less than twenty-nine	66636
years of age if all of the following are true:	66637

(a) The child is a resident of this state or a full-time	66638
student at an accredited public or private institution of higher	66639
education.	66640

(b) The child is not employed by an employer that offers any	66641
health benefit plan under which the child is eligible for	66642
coverage.	66643

(c) The child is not eligible for coverage under the medicaid	66644
program established under Chapter 5111. of the Revised Code or the	66645
medicare program established under Title XVIII of the "Social	66646
Security Act," 42 U.S.C. 1395.	66647

(2) That attainment of such limiting age shall not operate to	66648
terminate the coverage of such child if the child is and continues	66649
to be both of the following:	66650

~~(A)~~(a) Incapable of self-sustaining employment by reason of	66651
mental retardation or physical handicap;	66652

~~(B)~~(b) Primarily dependent upon the policyholder or	66653
certificate holder for support and maintenance.	66654

(B) Proof of such incapacity and dependence shall be	66655
furnished by the policyholder or by the certificate holder to the	66656
insurer within thirty-one days of the child's attainment of the	66657
limiting age. Upon request, but not more frequently than annually	66658
after the two-year period following the child's attainment of the	66659
limiting age, the insurer may require proof satisfactory to it of	66660
the continuance of such incapacity and dependency.	66661

(C) Nothing in this section shall require an insurer to cover	66662
a dependent child who is mentally retarded or physically	66663
handicapped if the contract is underwritten on evidence of	66664
insurability based on health factors set forth in the application,	66665
or if such dependent child does not satisfy the conditions of the	66666
contract as to any requirement for evidence of insurability or	66667
other provision of the contract, satisfaction of which is required	66668
for coverage thereunder to take effect. In any such case, the	66669
terms of the contract shall apply with regard to the coverage or	66670
exclusion of the dependent from such coverage. Nothing in this	66671
section shall apply to accidental death or dismemberment benefits	66672
provided by any such policy of sickness and accident insurance.	66673

(D) Nothing in this section shall require an insurer to cover	66674
a dependent child's children as dependents on the policy of the	66675
parent or legal guardian of the dependent.	66676

(E) This section does not apply to any policies or	66677
certificates covering only accident, credit, dental, disability	66678
income, long-term care, hospital indemnity, medicare supplement,	66679
specified disease, or vision care; coverage under a	66680
one-time-limited-duration policy of not longer than six months;	66681
coverage issued as a supplement to liability insurance; insurance	66682
arising out of a workers' compensation or similar law; automobile	66683
medical-payment insurance; or insurance under which benefits are	66684
payable with or without regard to fault and that is statutorily	66685
required to be contained in any liability insurance policy or	66686
equivalent self-insurance.	66687

(F) A sickness and accident insurer that offers	66688
employer-sponsored group policies shall separately identify any	66689
additional premium costs for coverage of dependent children who	66690
are not described in division (A)(2) of this section and are	66691
either nineteen to twenty-three years of age and are not	66692
full-time students or are twenty-four years of age or older.	66693
Nothing in this section shall be construed to require an employer	66694
to offer coverage to the dependents of any employee.	66695

(G) As used in this section, "health benefit plan" has the	66696
same meaning as in section 3924.01 of the Revised Code and also	66697
includes both of the following:	66698

(1) A public employee benefit plan;

66699

(2) A health benefit plan as regulated under the "Employee	66700
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	66701

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	66702
Revised Code, any public employee benefit plan that provides that	66703
coverage of an unmarried dependent child will terminate upon	66704
attainment of the limiting age for dependent children specified in	66705
the plan shall also provide in substance both of the following:	66706

(1) That the limiting age shall not be less than twenty-nine	66707
years of age if all of the following are true:	66708

(a) The child is a resident of this state or a full-time	66709
student at an accredited public or private institution of higher	66710
education.	66711

(b) The child is not employed by an employer that offers any	66712
health benefit plan under which the child is eligible for	66713
coverage.	66714

(c) The child is not eligible for coverage under the medicaid	66715
program established under Chapter 5111. of the Revised Code or the	66716
medicare program established under Title XVIII of the "Social	66717
Security Act," 42 U.S.C. 1395.	66718

(2) That attainment of the limiting age shall not operate to	66719
terminate the coverage of the child if the child is and continues	66720
to be both of the following:	66721

(a) Incapable of self-sustaining employment by reason of	66722
mental retardation or physical handicap;	66723

(b) Primarily dependent upon the plan member for support and	66724
maintenance.	66725

(B) Proof of incapacity and dependence for purposes of	66726
division (A) of this section shall be furnished to the public	66727
employee benefit plan within thirty-one days of the child's	66728
attainment of the limiting age. Upon request, but not more	66729
frequently than annually, the public employee benefit plan may	66730
require proof satisfactory to it of the continuance of such	66731
incapacity and dependency.	66732

(C) Nothing in this section shall require a public employee	66733
benefit plan to cover a dependent child's children as dependents	66734
on the public employee benefit plan of the parent or legal	66735
guardian of the dependent.	66736

(D) This section does not apply to any public employee	66737
benefit plan covering only accident, credit, dental, disability	66738
income, long-term care, hospital indemnity, medicare supplement,	66739
specified disease, or vision care; coverage under a	66740
one-time-limited-duration policy of not longer than six months;	66741
coverage issued as a supplement to liability insurance; insurance	66742
arising out of a workers' compensation or similar law; automobile	66743
medical-payment insurance; or insurance under which benefits are	66744
payable with or without regard to fault and which is statutorily	66745
required to be contained in any liability insurance policy or	66746
equivalent self-insurance.	66747

(E) A public employee benefit plan shall separately identify	66748
any additional premium costs for coverage of dependent children	66749
who are not described in division (A)(2) of this section and are	66750
either nineteen to twenty-three years of age and are not full-time	66751
students or are twenty-four years of age or older. Nothing in this	66752
section shall be construed to require an employer to offer	66753
coverage to the dependents of any employee.	66754

(F) As used in this section, "health benefit plan" has the	66755
same meaning as in section 3924.01 of the Revised Code and also	66756
includes both of the following:	66757

(1) A public employee benefit plan;

66758

(2) A health benefit plan as regulated under the "Employee	66759
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	66760

Sec. 3923.57. Notwithstanding any provision of this chapter,	66761
every individual policy of sickness and accident insurance that is	66762
delivered, issued for delivery, or renewed in this state is	66763
subject to the following conditions, as applicable:	66764

(A) Pre-existing conditions provisions shall not exclude or	66765
limit coverage for a period beyond twelve months following the	66766
policyholder's effective date of coverage and may only relate to	66767
conditions during the six months immediately preceding the	66768
effective date of coverage.	66769

(B) In determining whether a pre-existing conditions	66770
provision applies to a policyholder or dependent, each policy	66771
shall credit the time the policyholder or dependent was covered	66772
under a previous policy, contract, or plan if the previous	66773
coverage was continuous to a date not more than ~~thirty~~sixty-three	66774
days prior to the effective date of the new coverage, exclusive of	66775
any applicable service waiting period under the policy.	66776

(C)(1) Except as otherwise provided in division (C) of this	66777
section, an insurer that provides an individual sickness and	66778
accident insurance policy to an individual shall renew or continue	66779
in force such coverage at the option of the individual.	66780

(2) An insurer may nonrenew or discontinue coverage of an	66781
individual in the individual market based only on one or more of	66782
the following reasons:	66783

(a) The individual failed to pay premiums or contributions in	66784
accordance with the terms of the policy or the insurer has not	66785
received timely premium payments.	66786

(b) The individual performed an act or practice that	66787
constitutes fraud or made an intentional misrepresentation of	66788
material fact under the terms of the policy.	66789

(c) The insurer is ceasing to offer coverage in the	66790
individual market in accordance with division (D) of this section	66791
and the applicable laws of this state.	66792

(d) If the insurer offers coverage in the market through a	66793
network plan, the individual no longer resides, lives, or works in	66794
the service area, or in an area for which the insurer is	66795
authorized to do business; provided, however, that such coverage	66796
is terminated uniformly without regard to any health	66797
status-related factor of covered individuals.	66798

(e) If the coverage is made available in the individual	66799
market only through one or more bona fide associations, the	66800
membership of the individual in the association, on the basis of	66801
which the coverage is provided, ceases; provided, however, that	66802
such coverage is terminated under division (C)(2)(e) of this	66803
section uniformly without regard to any health status-related	66804
factor of covered individuals.	66805

An insurer offering coverage to individuals solely through	66806
membership in a bona fide association shall not be deemed, by	66807
virtue of that offering, to be in the individual market for	66808
purposes of sections 3923.58 and 3923.581 of the Revised Code.	66809
Such an insurer shall not be required to accept applicants for	66810
coverage in the individual market pursuant to sections 3923.58 and	66811
3923.581 of the Revised Code unless the insurer also offers	66812
coverage to individuals other than through bona fide associations.	66813

(3) An insurer may cancel or decide not to renew the coverage	66814
of a dependent of an individual if the dependent has performed an	66815
act or practice that constitutes fraud or made an intentional	66816
misrepresentation of material fact under the terms of the coverage	66817
and if the cancellation or nonrenewal is not based, either	66818
directly or indirectly, on any health status-related factor in	66819
relation to the dependent.	66820

(D)(1) If an insurer decides to discontinue offering a	66821
particular type of health insurance coverage offered in the	66822
individual market, coverage of such type may be discontinued by	66823
the insurer if the insurer does all of the following:	66824

(a) Provides notice to each individual provided coverage of	66825
this type in such market of the discontinuation at least ninety	66826
days prior to the date of the discontinuation of the coverage;	66827

(b) Offers to each individual provided coverage of this type	66828
in such market, the option to purchase any other individual health	66829
insurance coverage currently being offered by the insurer for	66830
individuals in that market;	66831

(c) In exercising the option to discontinue coverage of this	66832
type and in offering the option of coverage under division	66833
(D)(1)(b) of this section, acts uniformly without regard to any	66834
health status-related factor of covered individuals or of	66835
individuals who may become eligible for such coverage.	66836

(2) If an insurer elects to discontinue offering all health	66837
insurance coverage in the individual market in this state, health	66838
insurance coverage may be discontinued by the insurer only if both	66839
of the following apply:	66840

(a) The insurer provides notice to the department of	66841
insurance and to each individual of the discontinuation at least	66842
one hundred eighty days prior to the date of the expiration of the	66843
coverage.	66844

(b) All health insurance delivered or issued for delivery in	66845
this state in such market is discontinued and coverage under that	66846
health insurance in that market is not renewed.	66847

(3) In the event of a discontinuation under division (D)(2)	66848
of this section in the individual market, the insurer shall not	66849
provide for the issuance of any health insurance coverage in the	66850
market and this state during the five-year period beginning on the	66851
date of the discontinuation of the last health insurance coverage	66852
not so renewed.	66853

(E) Notwithstanding divisions (C) and (D) of this section, an	66854
insurer may, at the time of coverage renewal, modify the health	66855
insurance coverage for a policy form offered to individuals in the	66856
individual market if the modification is consistent with the law	66857
of this state and effective on a uniform basis among all	66858
individuals with that policy form.	66859

(F) Such policies are subject to sections 2743 and 2747 of	66860
the "Health Insurance Portability and Accountability Act of 1996,"	66861
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-43 and	66862
300gg-47, as amended.	66863

(G) Sections 3924.031 and 3924.032 of the Revised Code shall	66864
apply to sickness and accident insurance policies offered in the	66865
individual market in the same manner as they apply to health	66866
benefit plans offered in the small employer market.	66867

In accordance with 45 C.F.R. 148.102, divisions (C) to (G) of	66868
this section also apply to all group sickness and accident	66869
insurance policies that are not sold in connection with an	66870
employment-related group health plan and that provide more than	66871
short-term, limited duration coverage.	66872

In applying divisions (C) to (G) of this section with respect	66873
to health insurance coverage that is made available by an insurer	66874
in the individual market to individuals only through one or more	66875
associations, the term "individual" includes the association of	66876
which the individual is a member.	66877

For purposes of this section, any policy issued pursuant to	66878
division (C) of section 3923.13 of the Revised Code in connection	66879
with a public or private college or university student health	66880
insurance program is considered to be issued to a bona fide	66881
association.	66882

As used in this section, "bona fide association" has the same	66883
meaning as in section 3924.03 of the Revised Code, and "health	66884
status-related factor" and "network plan" have the same meanings	66885
as in section 3924.031 of the Revised Code.	66886

This section does not apply to any policy that provides	66887
coverage for specific diseases or accidents only, or to any	66888
hospital indemnity, medicare supplement, long-term care,	66889
disability income, one-time-limited-duration policy of no longer	66890
than six months, or other policy that offers only supplemental	66891
benefits.	66892

Sec. 3923.58. (A) As used in sections 3923.58 and 3923.59 of	66893
the Revised Code:	66894

(1) ~~"Health~~"Base rate" means, as to any health benefit plan	66895
that is issued by an insurer in the individual market, the lowest	66896
premium rate for new or existing business prescribed by the	66897
insurer for the same or similar coverage under a plan or	66898
arrangement covering any individual with similar case	66899
characteristics.	66900

(2) "Carrier," "health benefit plan," and "MEWA" have the	66901
same meanings as in section 3924.01 of the Revised Code.	66902

~~(2)~~(3) "Insurer" means any sickness and accident insurance	66903
company authorized to do business in this state, or MEWA	66904
authorized to issue insured health benefit plans in this state.	66905
"Insurer" does not include any health insuring corporation that is	66906
owned or operated by an insurer.	66907

~~(3)~~(4) "Ohio health care basic and standard plans" means	66908
those plans established under section 3924.10 of the Revised Code.	66909

(5) "Pre-existing conditions provision" means a policy	66910
provision that excludes or limits coverage for charges or expenses	66911
incurred during a specified period following the insured's	66912
effective date of coverage as to a condition which, during a	66913
specified period immediately preceding the effective date of	66914
coverage, had manifested itself in such a manner as would cause an	66915
ordinarily prudent person to seek medical advice, diagnosis, care,	66916
or treatment or for which medical advice, diagnosis, care, or	66917
treatment was recommended or received, or a pregnancy existing on	66918
the effective date of coverage.	66919

(B) Beginning in January of each year, insurers in the	66920
business of issuing individual policies of sickness and accident	66921
insurance as contemplated by section 3923.021 of the Revised Code,	66922
except individual policies issued pursuant to section 3923.122 of	66923
the Revised Code, shall accept applicants for open enrollment	66924
coverage, as set forth in this division, in the order in which	66925
they apply for coverage and subject to the limitation set forth in	66926
division (G) of this section. Insurers shall accept for coverage	66927
pursuant to this section individuals to whom both of the following	66928
conditions apply:	66929

(1) The individual is not applying for coverage as an	66930
employee of an employer, as a member of an association, or as a	66931
member of any other group.	66932

(2) The individual is not covered, and is not eligible for	66933
coverage, under any other private or public health benefits	66934
arrangement, including the medicare program established under	66935
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	66936
U.S.C.A. 301, as amended, or any other act of congress or law of	66937
this or any other state of the United States that provides	66938
benefits comparable to the benefits provided under this section,	66939
any medicare supplement policy, or any continuation of coverage	66940
policy under state or federal law.	66941

(C) An insurer shall offer to any individual accepted under	66942
this section the Ohio health care basic and standard plans	66943
~~established by the board of directors of the Ohio health~~	66944
~~reinsurance program under division (A) of section 3924.10 of the~~	66945
~~Revised Code~~ or health benefit plans that are substantially	66946
similar to the Ohio health care basic and standard plans in	66947
benefit plan design and scope of covered services.	66948

An insurer may offer other health benefit plans in addition	66949
to, but not in lieu of, the plans required to be offered under	66950
this division. A basic health benefit plan shall provide, at a	66951
minimum, the coverage provided by the Ohio health care basic plan	66952
or any health benefit plan that is substantially similar to the	66953
Ohio health care basic plan in benefit plan design and scope of	66954
covered services. A standard health benefit plan shall provide, at	66955
a minimum, the coverage provided by the Ohio health care standard	66956
plan or any health benefit plan that is substantially similar to	66957
the Ohio health care standard plan in benefit plan design and	66958
scope of covered services.	66959

For purposes of this division, the superintendent of	66960
insurance shall determine whether a health benefit plan is	66961
substantially similar to the Ohio health care basic and standard	66962
plans in benefit plan design and scope of covered services.	66963

(D)(1) Health benefit plans issued under this section may	66964
establish pre-existing conditions provisions that exclude or limit	66965
coverage for a period of up to twelve months following the	66966
individual's effective date of coverage and that may relate only	66967
to conditions during the six months immediately preceding the	66968
effective date of coverage.	66969

(2) In determining whether a pre-existing conditions	66970
provision applies to a policyholder or dependent, each policy	66971
shall credit the time the policyholder or dependent was covered	66972
under a previous policy, contract, or plan if the previous	66973
coverage was continuous to a date not more than sixty-three days	66974
prior to the effective date of the new coverage, exclusive of any	66975
applicable service waiting period under the policy.	66976

(E) Premiums charged to individuals under this section may	66977
not exceed an amount that is ~~two~~one and one-half times the	66978
~~highest~~base rate ~~charged~~for coverage offered to any other	66979
individual to which the insurer is currently accepting new	66980
business, and for which similar copayments and deductibles are	66981
applied.	66982

(F) In offering health benefit plans under this section, an	66983
insurer may require the purchase of health benefit plans that	66984
condition the reimbursement of health services upon the use of a	66985
specific network of providers.	66986

(G)(1) ~~In no event shall an~~An insurer shall not be required	66987
to accept new applicants under this section if the total number of	66988
new insureds accepted annually under this section ~~individuals who,~~	66989
~~in the aggregate, would cause the insurer to have a total number~~	66990
~~of new insureds that is more than~~and section 3923.581 of the	66991
Revised Code exceeds four and one-half per cent of ~~its~~the	66992
insurer's total number of insured individuals and nonemployer	66993
group insureds in this state per year, ~~as contemplated by section~~	66994
~~3923.021 of the Revised Code,~~ calculated as of the immediately	66995
preceding thirty-first day of December and excluding the insurer's	66996
medicare supplement policies and conversion or continuation of	66997
coverage policies under state or federal law and any policies	66998
described in division (L) of this section.	66999

(2) An officer of the insurer shall certify to the department	67000
of insurance when it has met the enrollment limit set forth in	67001
division (G)(1) of this section. Upon providing such	67002
certification, the insurer shall be relieved of its open	67003
enrollment requirement under this section for the remainder of the	67004
calendar year.	67005

(H) An insurer shall not be required to accept under this	67006
section applicants who, at the time of enrollment, are confined to	67007
a health care facility because of chronic illness, permanent	67008
injury, or other infirmity that would cause economic impairment to	67009
the insurer if the applicants were accepted~~, or~~. An insurer shall	67010
not be required to make the effective date of benefits for	67011
individuals accepted under this section earlier than ninety days	67012
after the date of acceptance, except that when the individual had	67013
prior coverage with a health benefit plan that was terminated by a	67014
carrier because the carrier exited the market and the individual	67015
was accepted for open enrollment under this section within	67016
sixty-three days of that termination, the effective date of	67017
benefits shall be the date of enrollment.	67018

(I) The requirements of this section do not apply to any	67019
insurer that is currently in a state of supervision, insolvency,	67020
or liquidation. If an insurer demonstrates to the satisfaction of	67021
the superintendent that the requirements of this section would	67022
place the insurer in a state of supervision, insolvency, or	67023
liquidation, the superintendent may waive or modify the	67024
requirements of division (B) or (G) of this section. The actions	67025
of the superintendent under this division shall be effective for a	67026
period of not more than one year. At the expiration of such time,	67027
a new showing of need for a waiver or modification by the insurer	67028
shall be made before a new waiver or modification is issued or	67029
imposed.	67030

(J) No hospital, health care facility, or health care	67031
practitioner, and no person who employs any health care	67032
practitioner, shall balance bill any individual or dependent of an	67033
individual for any health care supplies or services provided to	67034
the individual or dependent who is insured under a policy issued	67035
under this section. The hospital, health care facility, or health	67036
care practitioner, or any person that employs the health care	67037
practitioner, shall accept payments made to it by the insurer	67038
under the terms of the policy or contract insuring or covering	67039
such individual as payment in full for such health care supplies	67040
or services.	67041

As used in this division, "hospital" has the same meaning as	67042
in section 3727.01 of the Revised Code; "health care practitioner"	67043
has the same meaning as in section 4769.01 of the Revised Code;	67044
and "balance bill" means charging or collecting an amount in	67045
excess of the amount reimbursable or payable under the policy or	67046
health care service contract issued to an individual under this	67047
section for such health care supply or service. "Balance bill"	67048
does not include charging for or collecting copayments or	67049
deductibles required by the policy or contract.	67050

(K) An insurer ~~shall~~may pay an agent a commission in the	67051
amount of not more than five per cent of the premium charged for	67052
initial placement or for otherwise securing the issuance of a	67053
policy or contract issued to an individual under this section, and	67054
not more than four per cent of the premium charged for the renewal	67055
of such a policy or contract. The superintendent may adopt, in	67056
accordance with Chapter 119. of the Revised Code, such rules as	67057
are necessary to enforce this division.	67058

(L) This section does not apply to any policy that provides	67059
coverage for specific diseases or accidents only, or to any	67060
hospital indemnity, medicare supplement, long-term care,	67061
disability income, one-time-limited-duration policy of no longer	67062
than six months, or other policy that offers only supplemental	67063
benefits.	67064

Sec. 3923.581. (A) As used in this section:

67065

(1) "Base rate" means, as to any health benefit plan that is	67066
issued by a carrier in the individual market, the lowest premium	67067
rate for new or existing business prescribed by the carrier for	67068
the same or similar coverage under a plan or arrangement covering	67069
any individual with similar case characteristics.	67070

(2) "Carrier," "health benefit plan," "MEWA," and	67071
"pre-existing conditions provision" have the same meanings as in	67072
section 3924.01 of the Revised Code.	67073

~~(2)~~(3) "Federally eligible individual" means an eligible	67074
individual as defined in 45 C.F.R. 148.103.	67075

~~(3)~~(4) "Health status-related factor" means any of the	67076
following:	67077

(a) Health status;

67078

(b) Medical condition, including both physical and mental	67079
illnesses;	67080

67081

(d) Receipt of health care;

67082

(e) Medical history;

67083

(f) Genetic information;

67084

(g) Evidence of insurability, including conditions arising	67085
out of acts of domestic violence;	67086

(h) Disability.

67087

~~(4) "Midpoint rate" means, for individuals with similar case~~	67088
~~characteristics and plan designs and as determined by the~~	67089
~~applicable carrier for a rating period, the arithmetic average of~~	67090
~~the applicable base premium rate and the corresponding highest~~	67091
~~premium rate.~~	67092

(5) "Network plan" means a health benefit plan of a carrier	67093
under which the financing and delivery of medical care, including	67094
items and services paid for as medical care, are provided, in	67095
whole or in part, through a defined set of providers under	67096
contract with the carrier.	67097

(6) "Ohio health care basic and standard plans" means those	67098
plans established under section 3924.10 of the Revised Code.	67099

(B) Beginning in January of each year, carriers in the	67100
business of issuing health benefit plans to individuals or	67101
nonemployer groups shall accept federally eligible individuals for	67102
open enrollment coverage, as provided in this section, in the	67103
order in which they apply for coverage and subject to the	67104
limitation set forth in division (J) of this section.	67105

67106

(1) Decline to offer such coverage to, or deny enrollment of,	67107
such individuals;	67108

(2) Apply any pre-existing conditions provision to such	67109
coverage.	67110

(D) A carrier shall offer to federally eligible individuals	67111
the Ohio health care basic and standard ~~plan established by the~~	67112
~~board of directors of the Ohio health reinsurance program~~plans or	67113
plans substantially similar to the basic and standard ~~plan~~plans	67114
in benefit design and scope of covered services. For purposes of	67115
this division, the superintendent of insurance shall determine	67116
whether a plan is substantially similar to the basic or standard	67117
plan in benefit design and scope of covered services.	67118

(E) Premiums charged to individuals under this section may	67119
not exceed an amount that is ~~two~~one and one-half times the	67120
~~midpoint~~base rate ~~charged~~for coverage offered to any other	67121
individual to which the carrier is currently accepting new	67122
business, and for which similar copayments and deductibles are	67123
applied.	67124

(F) If a carrier offers a health benefit plan in the	67125
individual market through a network plan, the carrier may do both	67126
of the following:	67127

(1) Limit the federally eligible individuals that may apply	67128
for such coverage to those who live, work, or reside in the	67129
service area of the network plan;	67130

(2) Within the service area of the network plan, deny the	67131
coverage to federally eligible individuals if the carrier has	67132
demonstrated both of the following to the superintendent:	67133

(a) The carrier will not have the capacity to deliver	67134
services adequately tto any additional individuals because of the	67135
carrier's obligations to existing group contract holders and	67136
individuals.	67137

(b) The carrier is applying division (F)(2) of this section	67138
uniformly to all federally eligible individuals without regard to	67139
any health status-related factor of those individuals.	67140

(G) A carrier that, pursuant to division (F)(2) of this	67141
section, denies coverage to an individual in the service area of a	67142
network plan, shall not offer coverage in the individual market	67143
within that service area for at least one hundred eighty days	67144
after the date the coverage is denied.	67145

(H) A carrier may refuse to issue health benefit plans to	67146
federally eligible individuals if the carrier has demonstrated	67147
both of the following to the superintendent:	67148

(1) The carrier does not have the financial reserves	67149
necessary to underwrite additional coverage.	67150

(2) The carrier is applying division (H) of this section	67151
uniformly to all federally eligible individuals in this state	67152
consistent with the applicable laws and rules of this state and	67153
without regard to any health status-related factor relating to	67154
those individuals.	67155

(I) A carrier that, pursuant to division (H) of this section,	67156
refuses to issue health benefit plans to federally eligible	67157
individuals, shall not offer health benefit plans in the	67158
individual market in this state for at least one hundred eighty	67159
days after the date the coverage is denied or until the carrier	67160
has demonstrated to the superintendent that the carrier has	67161
sufficient financial reserves to underwrite additional coverage,	67162
whichever is later.	67163

(J)(1) Except as provided in division (J)(2) of this section,	67164
a carrier shall not be required to accept ~~annually~~new applicants	67165
under this section ~~federally eligible individuals who, in the~~	67166
~~aggregate, would cause the carrier to have a total number of new~~	67167
~~insureds that is more than~~if the total number of new insureds	67168
accepted annually under this section and section 3923.58 of the	67169
Revised Code exceeds four and one-half per cent of ~~its~~the	67170
carrier's total number of insured individuals and nonemployer	67171
~~groups~~group insureds in this state per year, calculated as of the	67172
immediately preceding thirty-first day of December and excluding	67173
the carrier's medicare supplement policies and conversion or	67174
continuation of coverage policies under state or federal law and	67175
any policies described in division ~~(M)~~(L) of section 3923.58 of	67176
the Revised Code.	67177

(2) An officer of the carrier shall certify to the department	67178
of insurance when it has met the enrollment limit set forth in	67179
division (J)(1) of this section. Upon providing such	67180
certification, the carrier shall be relieved of its open	67181
enrollment requirement under this section for the remainder of the	67182
calendar year unless, prior to the end of the calendar year, all	67183
the carriers subject to this section have individually met the	67184
enrollment limit set forth in division (J)(1) of this section. In	67185
that event, carriers shall again accept applicants for open	67186
enrollment coverage pursuant to this section, subject to ~~the~~an	67187
additional enrollment limit equal to that set forth in division	67188
(J)(1) of this section.	67189

(K) The superintendent may provide for the application of	67190
this section on a service-area-specific basis.	67191

(L) The requirements of this section do not apply to any	67192
health benefit plan described in division ~~(M)~~(L) of section	67193
3923.58 of the Revised Code.	67194

(M) A carrier may pay an agent a commission in the amount of	67195
not more than five per cent of the premium charged for initial	67196
placement or for otherwise securing the issuance of a policy or	67197
contract issued to an individual under this section, and not more	67198
than four per cent of the premium charged for the renewal of such	67199
a policy or contract. The superintendent may adopt, in accordance	67200
with Chapter 119. of the Revised Code, such rules as are necessary	67201
to enforce this division.	67202

Sec. 3923.66. (A) As used in sections 3923.66 to 3923.70 of	67203
the Revised Code:	67204

(1) "Clinical peer" and "physician" have the same meanings as	67205
in section 1751.77 of the Revised Code.	67206

(2) "Authorized person" means a parent, guardian, or other	67207
person authorized to act on behalf of an insured with respect to	67208
health care decisions.	67209

(B) Sections 3923.66 to 3923.70 of the Revised Code do not	67210
apply to any individual or group policy of sickness and accident	67211
insurance covering only accident, credit, dental, disability	67212
income, long-term care, hospital indemnity, medicare supplement,	67213
medicare, tricare, specified disease, or vision care; coverage	67214
issued as a supplement to liability insurance; insurance arising	67215
out of workers' compensation or similar law; automobile medical	67216
payment insurance; or insurance under which benefits are payable	67217
with or without regard to fault and which is statutorily required	67218
to be contained in any liability insurance policy or equivalent	67219
self-insurance.	67220

(C) The superintendent of insurance shall establish and	67221
maintain a system for receiving and reviewing requests for review	67222
from insureds who have been denied coverage of a health care	67223
service on the grounds that the service is not a service covered	67224
under the terms of the insured's policy or certificate.	67225

On receipt of a written request from an insured or authorized	67226
person, the superintendent shall consider whether the health care	67227
service is a service covered under the terms of the insured's	67228
policy or certificate, except that the superintendent shall not	67229
conduct a review under this section unless the insured has	67230
exhausted the insurer's internal review process. The insurer and	67231
the insured or authorized person shall provide the superintendent	67232
with any information required by the superintendent that is in	67233
their possession and is germane to the review.	67234

Unless the superintendent is not able to do so because making	67235
the determination requires resolution of a medical issue, the	67236
superintendent shall determine whether the health care service at	67237
issue is a service covered under the terms of the insured's policy	67238
or certificate. The superintendent shall notify the insured, or	67239
authorized person, and the insurer of its determination or that it	67240
is not able to make a determination because the determination	67241
requires the resolution of a medical issue.	67242

If the superintendent notifies the insurer that making the	67243
determination requires the resolution of a medical issue, the	67244
insurer shall ~~afford the insured an opportunity for~~initiate an	67245
external review under section 3923.67 or 3923.68 of the Revised	67246
Code. If the superintendent notifies the insurer that the health	67247
care service is not a covered service, the insurer is not required	67248
to cover the service or afford the insured an external review.	67249

Sec. 3923.67. (A) Except as provided in divisions (B) and	67250
(C) of this section, an insurer shall afford an insured an	67251
opportunity for an external review of a coverage denial when	67252
requested by the insured or authorized person, if both of the	67253
following are the case:	67254

(1) The insurer has denied, reduced, or terminated coverage	67255
for what would be a covered health care service except that the	67256
insurer has determined that the health care service is not	67257
medically necessary.	67258

(2) Except in the case of expedited review, the proposed	67259
service, plus any ancillary services and follow-up care, will cost	67260
the insured more than five hundred dollars if the proposed service	67261
is not covered by the insurer.	67262

External review shall be conducted in accordance with this	67263
section, except that if an insured with a terminal condition meets	67264
all of the criteria of division (A) of section 3923.68 of the	67265
Revised Code, an external review shall be conducted under that	67266
section.	67267

(B) An insured need not be afforded a review under this	67268
section in any of the following circumstances:	67269

(1) The superintendent of insurance has determined under	67270
section 3923.66 of the Revised Code that the health care service	67271
is not a service covered under the terms of the insured's policy	67272
or certificate.	67273

(2) The insured has failed to exhaust the insurer's internal	67274
review process.	67275

(3) The insured has previously afforded an external review	67276
for the same denial of coverage, and no new clinical information	67277
has been submitted to the insurer.	67278

(C)(1) ~~An insurer may deny a request for an external review~~	67279
~~if it is requested later than sixty days after receipt by the~~	67280
~~insured of notice from the superintendent of insurance under~~	67281
~~section 3923.66 of the Revised Code that making a determination~~	67282
~~requires the resolution of a medical issue.~~ An external review may	67283
be requested by the insured, an authorized person, the insured's	67284
provider, or a health care facility rendering health care service	67285
to the insured. The insured may request a review without the	67286
approval of the provider or the health care facility rendering the	67287
health care service. The provider or health care facility may not	67288
request a review without the prior consent of the insured.	67289

(2) An external review must be requested in writing, except	67290
that if the insured has a condition that requires expedited	67291
review, the review may be requested orally or by electronic means.	67292
When an oral or electronic request for review is made, written	67293
confirmation of the request must be submitted to the insurer not	67294
later than five days after the request is made.	67295

Except in the case of an expedited review, a request for an	67296
external review must be accompanied by written certification from	67297
the insured's provider or the health care facility rendering the	67298
health care service to the insured that the proposed service, plus	67299
any ancillary services and follow-up care, will cost the insured	67300
more than five hundred dollars if the proposed service is not	67301
covered by the insurer.	67302

(3) For an expedited review, the insured's provider must	67303
certify that the insured's condition could, in the absence of	67304
immediate medical attention, result in any of the following:	67305

(a) Placing the health of the insured or, with respect to a	67306
pregnant woman, the health of the insured or the unborn child, in	67307
serious jeopardy;	67308

(b) Serious impairment to bodily functions;

67309

67310

(D) The procedures used in conducting an external review	67311
shall include all of the following:	67312

(1) The review shall be conducted by an independent review	67313
organization assigned by the superintendent of insurance under	67314
section 3901.80 of the Revised Code.	67315

(2) Except as provided in divisions (D)(3) and (4) of this	67316
section, neither the clinical peer nor any health care facility	67317
with which the clinical peer is affiliated shall have any	67318
professional, familial, or financial affiliation with any of the	67319
following:	67320

(a) The insurer or any officer, director, or managerial	67321
employee of the insurer;	67322

(b) The insured, the insured's provider, or the practice	67323
group of the insured's provider;	67324

(c) The health care facility at which the health care service	67325
requested by the insured would be provided;	67326

(d) The development or manufacture of the principal drug,	67327
device, procedure, or therapy proposed for the insured.	67328

(3) Division (D)(2) of this section does not prohibit a	67329
clinical peer from conducting a review under any of the following	67330
circumstances:	67331

(a) The clinical peer is affiliated with an academic medical	67332
center that provides health care services to insureds of the	67333
insurer.	67334

(b) The clinical peer has staff privileges at a health care	67335
facility that provides health care services to insureds of the	67336
insurer.	67337

(c) The clinical peer has a contractual relationship with the	67338
insurer but was not involved with the insurer's coverage decision.	67339

(4) Division (D)(2) of this section does not prohibit the	67340
insurer from paying the independent review organization for the	67341
conduct of the review.	67342

(5) An insured shall not be required to pay for any part of	67343
the cost of the review. The cost of the review shall be borne by	67344
the insurer.	67345

(6)(a) The insurer shall provide to the independent review	67346
organization conducting the review a copy of those records in its	67347
possession that are relevant to the insured's medical condition	67348
and the review.	67349

Records shall be used solely for the purpose of this	67350
division. At the request of the independent review organization,	67351
the insurer, insured, provider, or health care facility rendering	67352
health care services to the insured shall provide any additional	67353
information the independent review organization requests to	67354
complete the review. A request for additional information may be	67355
made in writing, orally, or by electronic means. The independent	67356
review organization shall submit the request to the insured and	67357
insurer. If a request is submitted orally or by electronic means	67358
to an insured or insurer, not later than five days after the	67359
request is submitted, the independent review organization shall	67360
provide written confirmation of the request. If the review was	67361
initiated by a provider or health care facility, a copy of the	67362
request shall be submitted to the provider or health care	67363
facility.	67364

(b) An independent review organization is not required to	67365
make a decision if it has not received any requested information	67366
that it considers necessary to complete a review. An independent	67367
review organization that does not make a decision for this reason	67368
shall notify the insured and the insurer that a decision is not	67369
being made. The notice may be made in writing, orally, or by	67370
electronic means. An oral or electronic notice shall be confirmed	67371
in writing not later than five days after the oral or electronic	67372
notice is made. If the review was initiated by a provider or	67373
health care facility, a copy of the notice shall be submitted to	67374
the provider or health care facility.	67375

(7) The insurer may elect to cover the service requested and	67376
terminate the review. The insurer shall notify the insured and all	67377
other parties involved with the decision by mail, or with the	67378
consent or approval of the insured, by electronic means.	67379

(8) In making its decision, an independent review	67380
organization conducting the review shall take into account all of	67381
the following:	67382

(a) Information submitted by the insurer, the insured, the	67383
insured's provider, and the health care facility rendering the	67384
health care service, including the following:	67385

(i) The insured's medical records;

67386

(ii) The standards, criteria, and clinical rationale used by	67387
the insurer to make its decision.	67388

(b) Findings, studies, research, and other relevant documents	67389
of government agencies and nationally recognized organizations,	67390
including the national institutes of health or any board	67391
recognized by the national institutes of health, the national	67392
cancer institute, the national academy of sciences, the United	67393
States food and drug administration, the health care financing	67394
administration of the United States department of health and human	67395
services, and the agency for health care policy and research;	67396

(c) Relevant findings in peer-reviewed medical or scientific	67397
literature, published opinions of nationally recognized medical	67398
experts, and clinical guidelines adopted by relevant national	67399
medical societies.	67400

(9)(a) In the case of an expedited review, the independent	67401
review organization shall issue a written decision not later than	67402
seven days after the filing of the request for review. In all	67403
other cases, the independent review organization shall issue a	67404
written decision not later than thirty days after the filing of	67405
the request. The independent review organization shall send a copy	67406
of its decision to the insurer and the insured. If the insured's	67407
provider or the health care facility rendering health care	67408
services to the insured requested the review, the independent	67409
review organization shall also send a copy of its decision to the	67410
insured's provider or the health care facility.	67411

(b) The independent review organization's decision shall	67412
include a description of the insured's condition and the principal	67413
reasons for the decision and an explanation of the clinical	67414
rationale for the decision.	67415

(E) The independent review organization shall base its	67416
decision on the information submitted under division (D)(8) of	67417
this section. In making its decision, the independent review	67418
organization shall consider safety, efficacy, appropriateness, and	67419
cost-effectiveness.	67420

(F) The insurer shall provide any coverage determined by the	67421
independent review organization's decision to be medically	67422
necessary, subject to the other terms, limitations, and conditions	67423
of the insured's policy or certificate.	67424

Sec. 3923.68. (A) Each insurer shall establish a reasonable	67425
external, independent review process to examine the insurer's	67426
coverage decisions for insureds who meet all of the following	67427
criteria:	67428

(1) The insured has a terminal condition that, according to	67429
the current diagnosis of the insured's physician, has a high	67430
probability of causing death within two years.	67431

(2) ~~The insured requests a review not later than sixty days~~	67432
~~after receipt by the insured of notice from the superintendent of~~	67433
~~insurance under section 3923.66 of the Revised Code that making a~~	67434
~~determination requires resolution of a medical issue.~~	67435

~~(3)~~ The insured's physician certifies that the insured has	67436
the condition described in division (A)(1) of this section and any	67437
of the following situations are applicable:	67438

(a) Standard therapies have not been effective in improving	67439
the condition of the insured.	67440

(b) Standard therapies are not medically appropriate for the	67441
insured.	67442

(c) There is no standard therapy covered by the insurer that	67443
is more beneficial than therapy described in division (A)~~(4)~~(3) of	67444
this section.	67445

~~(4)~~(3) The insured's physician has recommended a drug,	67446
device, procedure, or other therapy that the physician certifies,	67447
in writing, is likely to be more beneficial to the insured, in the	67448
physician's opinion, than standard therapies, or the insured has	67449
requested a therapy that has been found in a preponderance of	67450
peer-reviewed published studies to be associated with effective	67451
clinical outcomes for the same condition.	67452

~~(5)~~(4) The insured has been denied coverage by the insurer	67453
for a drug, device, procedure, or other therapy recommended or	67454
requested pursuant to division (A)~~(4)~~(3) of this section, and has	67455
exhausted the insurer's internal review process.	67456

~~(6)~~(5) The drug, device, procedure, or other therapy, for	67457
which coverage has been denied, would be a covered health care	67458
service except for the insurer's determination that the drug,	67459
device, procedure, or other therapy is experimental or	67460
investigational.	67461

(B) A review shall be requested in writing, except that if	67462
the insured's physician determines that a therapy would be	67463
significantly less effective if not promptly initiated, the review	67464
may be requested orally or by electronic means. When an oral or	67465
electronic request for review is made, written confirmation of the	67466
request shall be submitted to the insurer not later than five days	67467
after the oral or written request is submitted.	67468

(C) The external, independent review process established by	67469
an insurer shall meet all of the following criteria:	67470

(1) Except as provided in division (E) of this section, the	67471
process shall afford all insureds who meet the criteria set forth	67472
in division (A) of this section the opportunity to have the	67473
insurer's decision to deny coverage of the recommended or	67474
requested therapy reviewed under the process. Each eligible	67475
insured shall be notified of that opportunity within thirty	67476
business days after the insurer denies coverage.	67477

(2) The review shall be conducted by an independent review	67478
organization assigned by the superintendent of insurance under	67479
section 3901.80 of the Revised Code.	67480

The independent review organization shall select a panel to	67481
conduct the review, which panel shall be composed of at least	67482
three physicians or other providers who, through clinical	67483
experience in the past three years, are experts in the treatment	67484
of the insured's medical condition and knowledgeable about the	67485
recommended or requested therapy.	67486

In either of the following circumstances, an exception may be	67487
made to the requirement that the review be conducted by an expert	67488
panel composed of a minimum of three physicians or other	67489
providers:	67490

(a) A review may be conducted by an expert panel composed of	67491
only two physicians or other providers if an insured has consented	67492
in writing to a review by the smaller panel.	67493

(b) A review may be conducted by a single expert physician or	67494
other provider if only the expert physician or other provider is	67495
available for the review.	67496

(3) Neither the insurer nor the insured shall choose, or	67497
control the choice of, the physician or other provider experts.	67498

(4) The selected experts, any health care facility with which	67499
an expert is affiliated, and the independent review organization	67500
arranging for the experts' review shall not have any professional,	67501
familial, or financial affiliation with any of the following:	67502

(a) The insurer or any officer, director, or managerial	67503
employee of the insurer;	67504

(b) The insured, the insured's physician, ofor the practice	67505
group of the insured's physician;	67506

(c) The health care facility at which the recommended or	67507
requested therapy would be provided;	67508

(d) The development or manufacture of the principal drug,	67509
device, procedure, or therapy involved in the recommended or	67510
requested therapy.	67511

However, experts affiliated with academic medical centers who	67512
provide health care services to insureds of the insurer may serve	67513
as experts on the review panel. Further, experts with staff	67514
privileges at a health care facility that provides health care	67515
services to insureds of the insurer, as well as experts who have a	67516
contractual relationship with the insurer, but who were not	67517
involved with the insurer's denial of coverage for the therapy	67518
under review, may serve as experts on the review panel. These	67519
nonaffiliation provisions do not preclude an insurer from paying	67520
for the experts' review, as specified in division (C)(5) of this	67521
section.	67522

(5) Insureds shall not be required to pay for any part of the	67523
cost of the review. The cost of the review shall be borne by the	67524
insurer.	67525

(6) The insurer shall provide to the independent review	67526
organization arranging for the experts' review a copy of those	67527
records in the insurer's possession that are relevant to the	67528
insured's medical condition and the review. The records shall be	67529
disclosed solely to the expert reviewers and shall be used solely	67530
for the purpose of this section. At the request of the expert	67531
reviewers, the insurer or the physician requesting the therapy	67532
shall provide any additional information that the expert reviewers	67533
request to complete the review. An expert reviewer is not required	67534
to render an opinion if the reviewer has not received any	67535
requested information that the reviewer considers necessary to	67536
complete the review.	67537

(7)(a) In the case of an expedited review, the independent	67538
review organization shall issue a written decision not later than	67539
seven days after the filing of the request for review. In all	67540
other cases, the independent review organization shall issue a	67541
written decision not later than thirty days after the filing of	67542
the request. The independent review organization shall send a copy	67543
of its decision to the insurer and the insured. If the insured's	67544
provider or the health care facility rendering health care	67545
services to the insured requested the review, the independent	67546
review organization shall also send a copy of its decision to the	67547
insured's provider or the health care facility.	67548

(b) In conducting the review, the experts on the panel shall	67549
take into account all of the following:	67550

(i) Information submitted by the insurer, the insured, and	67551
the insured's physician, including the insured's medical records	67552
and the standards, criteria, and clinical rationale used by the	67553
insurer to reach its coverage decision;	67554

(ii) Findings, studies, research, and other relevant	67555
documents of government agencies and nationally recognized	67556
organizations;	67557

(iii) Relevant findings in peer-reviewed medical or	67558
scientific literature and published opinions of nationally	67559
recognized medical experts;	67560

(iv) Clinical guidelines adopted by relevant national medical	67561
societies;	67562

(v) Safety, efficacy, appropriateness, and cost	67563
effectiveness.	67564

(8) Each expert on the panel shall provide the independent	67565
review organization with a professional opinion as to whether	67566
there is sufficient evidence to demonstrate that the recommended	67567
or requested therapy is likely to be more beneficial to the	67568
insured than standard therapies.	67569

(9) Each expert's opinion shall be presented in written form	67570
and shall include the following information:	67571

(a) A description of the insured's condition;

67572

(b) A description of the indicators relevant to determining	67573
whether there is sufficient evidence to demonstrate that the	67574
recommended or requested therapy is more likely than not to be	67575
more beneficial to the insured than standard therapies;	67576

(c) A description and analysis of any relevant findings	67577
published in peer-reviewed medical or scientific literature or the	67578
published opinions of medical experts or specialty societies;	67579

(d) A description of the insured's suitability to receive the	67580
recommended or requested therapy according to a treatment protocol	67581
in a clinical trial, if applicable.	67582

(10) The independent review organization shall provide the	67583
insurer with the opinions of the experts. The insurer shall make	67584
the experts' opinions available to the insured and the insured's	67585
physician, upon request.	67586

(11) The opinion of the majority of the experts on the panel,	67587
rendered pursuant to division (C)(8) of this section, is binding	67588
on the insurer with respect to that insured. If the opinions of	67589
the experts on the panel are evenly divided as to whether the	67590
therapy should be covered, the insurer's final decision shall be	67591
in favor of coverage. If less than a majority of the experts on	67592
the panel recommend coverage of the therapy, the insurer may, in	67593
its discretion, cover the therapy. However, any coverage provided	67594
pursuant to division (C)(11) of this section is subject to the	67595
terms, limitations, and conditions of the insured's policy or	67596
certificate with the insurer.	67597

(12) The insurer shall have written policies describing the	67598
external, independent review process.	67599

(D) If an insurer's initial denial of coverage for a therapy	67600
recommended or requested pursuant to division (A)~~(3)~~(2) of this	67601
section is based upon an external, independent review of that	67602
therapy meeting the requirements of division (C) of this section,	67603
this section shall not be a basis for requiring a second external,	67604
independent review of the recommended or requested therapy.	67605

(E) At any time during the external, independent review	67606
process, the insurer may elect to cover the recommended or	67607
requested health care service and terminate the review. The	67608
insurer shall notify the insured and all other parties involved by	67609
mail or, with consent or approval of the insured, by electronic	67610
means.	67611

(F) The insurer shall annually file a certificate with the	67612
superintendent of insurance certifying its compliance with the	67613
requirements of this section.	67614

Sec. 3923.75. (A) As used in sections 3923.75 to 3923.79 of	67615
the Revised Code:	67616

(1) "Clinical peer" and "physician" have the same meanings as	67617
in section 1751.77 of the Revised Code.	67618

(2) "Authorized person" means a parent, guardian, or other	67619
person authorized to act on behalf of a plan member with respect	67620
to health care decisions.	67621

(B) Sections 3923.75 to 3923.79 of the Revised Code do not	67622
apply to any public employee benefit plan covering only accident,	67623
credit, dental, disability income, long-term care, hospital	67624
indemnity, medicare supplement, medicare, tricare, specified	67625
disease, or vision care; coverage issued as a supplement to	67626
liability insurance; insurance arising out of workers'	67627
compensation or similar law; automobile medical payment insurance;	67628
or insurance under which benefits are payable with or without	67629
regard to fault and which is statutorily required to be contained	67630
in any liability insurance policy or equivalent self-insurance.	67631

(C) The superintendent of insurance shall establish and	67632
maintain a system for receiving and reviewing requests for review	67633
from plan members who have been denied coverage of a health care	67634
service on the grounds that the service is not a service covered	67635
under the terms of the public employee benefit plan.	67636

On receipt of a written request from a plan member or	67637
authorized person, the superintendent shall consider whether the	67638
health care service is a service covered under the terms of the	67639
plan, except that the superintendent shall not conduct a review	67640
under this section unless the plan member has exhausted the plan's	67641
internal review process. The plan and the plan member or	67642
authorized person shall provide the superintendent with any	67643
information required by the superintendent that is in their	67644
possession and is germane to the review.	67645

Unless the superintendent is not able to do so because making	67646
the determination requires resolution of a medical issue, the	67647
superintendent shall determine whether the health care service at	67648
issue is a service covered under the terms of the plan. The	67649
superintendent shall notify the plan member, or authorized person,	67650
and the plan of its determination or that it is not able to make a	67651
determination because the determination requires the resolution of	67652
a medical issue.	67653

If the superintendent notifies the plan that making the	67654
determination requires the resolution of a medical issue, the plan	67655
shall ~~afford the plan member~~initiate an ~~opportunity for~~ external	67656
review under section 3923.76 or 3923.77 of the Revised Code. If	67657
the superintendent notifies the plan that the health care service	67658
is not a covered service, the plan is not required to cover the	67659
service or afford the plan member an external review.	67660

Sec. 3923.76. (A) Except as provided in divisions (B) and	67661
(C) of this section, a public employee benefit plan shall afford a	67662
plan member an opportunity for an external review of a coverage	67663
denial when requested by the plan member or authorized person, if	67664
both of the following are the case:	67665

(1) The plan has denied, reduced, or terminated coverage for	67666
what would be a covered health care service except that the plan	67667
has determined that the health care service is not medically	67668
necessary.	67669

(2) Except in the case of expedited review, the proposed	67670
service, plus any ancillary services and follow-up care, will cost	67671
the plan member more than five hundred dollars if the proposed	67672
service is not covered by the plan.	67673

External review shall be conducted in accordance with this	67674
section, except that if a plan member with a terminal condition	67675
meets all of the criteria of division (A) of section 3923.77 of	67676
the Revised Code, an external review shall be conducted under that	67677
section.	67678

(B) A plan member need not be afforded a review under this	67679
section in any of the following circumstances:	67680

(1) The superintendent of insurance has determined under	67681
section 3923.75 of the Revised Code that the health care service	67682
is not a service covered under the terms of the plan.	67683

(2) The plan member has failed to exhaust the plan's internal	67684
review process.	67685

(3) The plan member has previously been afforded an external	67686
review for the same denial of coverage, and no new clinical	67687
information has been submitted to the plan.	67688

(C)(1) ~~A plan may deny a request for an external review if it~~	67689
~~is requested later than sixty days after receipt by the plan~~	67690
~~member of notice from the superintendent of insurance under~~	67691
~~section 3923.75 of the Revised Code that making the determination~~	67692
~~requires the resolution of a medical issue.~~ An external review may	67693
be requested by the plan member, an authorized person, the plan	67694
member's provider, or a health care facility rendering health care	67695
service to the plan member. The plan member may request a review	67696
without the approval of the provider or the health care facility	67697
rendering the health care service. The provider or health care	67698
facility may not request a review without the prior consent of the	67699
plan member.	67700

(2) An external review must be requested in writing, except	67701
that if the plan member has a condition that requires expedited	67702
review, the review may be requested orally or by electronic means.	67703
When an oral or electronic request for review is made, written	67704
confirmation of the request must be submitted to the plan not	67705
later than five days after the request is made.	67706

Except in the case of an expedited review, a request for an	67707
external review must be accompanied by written certification from	67708
the plan member's provider or the health care facility rendering	67709
the health care service to the plan member that the proposed	67710
service, plus any ancillary services and follow-up care, will cost	67711
the plan member more than five hundred dollars if the proposed	67712
service is not covered by the plan.	67713

(3) For an expedited review, the plan member's provider must	67714
certify that the plan member's condition could, in the absence of	67715
immediate medical attention, result in any of the following:	67716

(a) Placing the health of the plan member or, with respect to	67717
a pregnant woman, the health of the plan member or the unborn	67718
child, in serious jeopardy;	67719

(b) Serious impairment to bodily functions;

67720

67721

(D) The procedures used in conducting an external review	67722
shall include all of the following:	67723

(1) The review shall be conducted by an independent review	67724
organization assigned by the superintendent of insurance under	67725
section 3901.80 of the Revised Code.	67726

(2) Except as provided in divisions (D)(3) and (4) of this	67727
section, neither the clinical peer nor any health care facility	67728
with which the clinical peer is affiliated shall have any	67729
professional, familial, or financial affiliation with any of the	67730
following:	67731

(a) The plan or any officer, director, or managerial employee	67732
of the plan;	67733

(b) The plan member, the plan member's provider, or the	67734
practice group of the plan member's provider;	67735

(c) The health care facility at which the health care service	67736
requested by the plan member would be provided:;	67737

(d) The development or manufacture of the principal drug,	67738
device, procedure, or therapy proposed for the plan member.	67739

(3) Division (D)(2) of this section does not prohibit a	67740
clinical peer from conducting a review under any of the following	67741
circumstances:	67742

(a) The clinical peer is affiliated with an academic medical	67743
center that provides health care services to members of the plan.	67744

(b) The clinical peer has staff privileges at a health care	67745
facility that provides health care services to members of the	67746
plan.	67747

(c) The clinical peer has a contractual relationship with the	67748
plan but was not involved with the plan's coverage decision.	67749

(4) Division (D)(2) of this section does not prohibit the	67750
plan from paying the independent review organization for the	67751
conduct of the review.	67752

(5) A plan member shall not be required to pay for any part	67753
of the cost of the review. The cost of the review shall be borne	67754
by the plan.	67755

(6)(a) The plan shall provide to the independent review	67756
organization conducting the review a copy of those records in its	67757
possession that are relevant to the plan member's medical	67758
condition and the review.	67759

Records shall be used solely for the purpose of this	67760
division. At the request of the independent review organization,	67761
the plan, plan member, provider, or health care facility rendering	67762
health care services to the plan member shall provide any	67763
additional information the independent review organization	67764
requests to complete the review. A request for additional	67765
information may be made in writing, orally, or by electronic	67766
means. The independent review organization shall submit the	67767
request to the plan member and the plan. If a request is submitted	67768
orally or by electronic means to a plan member or plan, not later	67769
than five days after the request is submitted, the independent	67770
review organization shall provide written confirmation of the	67771
request. If the review was initiated by a provider or health care	67772
facility, a copy of the request shall be submitted to the provider	67773
or health care facility.	67774

(b) An independent review organization is not required to	67775
make a decision if it has not received any requested information	67776
that it considers necessary to complete a review. An independent	67777
review organization that does not make a decision for this reason	67778
shall notify the plan member and the plan that a decision is not	67779
being made. The notice may be made in writing, orally, or by	67780
electronic means. An oral or electronic notice shall be confirmed	67781
in writing not later than five days after the oral or electronic	67782
notice is made. If the review was initiated by a provider or	67783
health care facility, a copy of the notice shall be submitted to	67784
the provider or health care facility.	67785

(7) The plan may elect to cover the service requested and	67786
terminate the review. The plan shall notify the plan member and	67787
all other parties involved with the decision by mail, or with the	67788
consent or approval of the plan member, by electronic means.	67789

(8) In making its decision, an independent review	67790
organization conducting the review shall take into account all of	67791
the following:	67792

(a) Information submitted by the plan, the plan member, the	67793
plan member's provider, and the health care facility rendering the	67794
health care service, including the following:	67795

(i) The plan member's medical records;

67796

(ii) The standards, criteria, and clinical rationale used by	67797
the plan to make its decision.	67798

(b) Findings, studies, research, and other relevant documents	67799
of government agencies and nationally recognized organizations,	67800
including the national institutes of health or any board	67801
recognized by the national institutes of health, the national	67802
cancer institute, the national academy of sciences, the United	67803
States food and drug administration, the health care financing	67804
administration of the United States department of health and human	67805
services, and the agency for health care policy and research;	67806

(c) Relevant findings in peer-reviewed medical or scientific	67807
literature, published opinions of nationally recognized medical	67808
experts, and clinical guidelines adopted by relevant national	67809
medical societies.	67810

(9)(a) In the case of an expedited review, the independent	67811
review organization shall issue a written decision not later than	67812
seven days after the filing of the request for review. In all	67813
other cases, the independent review organization shall issue a	67814
written decision not later than thirty days after the filing of	67815
the request. The independent review organization shall send a copy	67816
of its decision to the plan and the plan member. If the plan	67817
member's provider or the health care facility rendering health	67818
care services to the plan member requested the review, the	67819
independent review organization shall also send a copy of its	67820
decision to the plan member's provider or the health care	67821
facility.	67822

(b) The independent review organization's decision shall	67823
include a description of the plan member's condition and the	67824
principal reasons for the decision and an explanation of the	67825
clinical rationale for the decision.	67826

(E) The independent review organization shall base its	67827
decision on the information submitted under division (D)(8) of	67828
this section. In making its decision, the independent review	67829
organization shall consider safety, efficacy, appropriateness, and	67830
cost-effectiveness.	67831

(F) The plan shall provide any coverage determined by the	67832
independent review organization's decision to be medically	67833
necessary, subject to the other terms, limitations, and conditions	67834
of the plan.	67835

Sec. 3923.77. (A) Each public employee benefit plan shall	67836
establish a reasonable external review process to examine the	67837
plan's coverage decisions for plan members who meet all of the	67838
following criteria:	67839

(1) The plan member has a terminal condition that, according	67840
to the current diagnosis of the plan member's physician, has a	67841
high probability of causing death within two years.	67842

(2) ~~The plan member requests a review not later than sixty~~	67843
~~days after receipt by the plan member of notice from the~~	67844
~~superintendent of insurance under section 3923.75 of the Revised~~	67845
~~Code that making a determination requires resolution of a medical~~	67846
~~issue.~~	67847

~~(3)~~ The plan member's physician certifies that the plan	67848
member has the condition described in division (A)(1) of this	67849
section and any of the following situations are applicable:	67850

(a) Standard therapies have not been effective in improving	67851
the condition of the plan member.	67852

(b) Standard therapies are not medically appropriate for the	67853
plan member.	67854

(c) There is no standard therapy covered by the plan that is	67855
more beneficial than therapy described in division (A)~~(4)~~(3) of	67856
this section.	67857

~~(4)~~(3) The plan member's physician has recommended a drug,	67858
device, procedure, or other therapy that the physician certifies,	67859
in writing, is likely to be more beneficial to the plan member, in	67860
the physician's opinion, than standard therapies, or the plan	67861
member has requested a therapy that has been found in a	67862
preponderance of peer-reviewed published studies to be associated	67863
with effective clinical outcomes for the same condition.	67864

~~(5)~~(4) The plan member has been denied coverage by the plan	67865
for a drug, device, procedure, or other therapy recommended or	67866
requested pursuant to division (A)~~(4)~~(3) of this section, and has	67867
exhausted all internal appeals.	67868

~~(6)~~(5) The drug, device, procedure, or other therapy, for	67869
which coverage has been denied, would be a covered health care	67870
service except for the plan's determination that the drug, device,	67871
procedure, or other therapy is experimental or investigational.	67872

(B) A review shall be requested in writing, except that if	67873
the plan member's physician determines that a therapy would be	67874
significantly less effective if not promptly initiated, the review	67875
may be requested orally or by electronic means. When an oral or	67876
electronic request for review is made, written confirmation of the	67877
request shall be submitted to the plan not later than five days	67878
after the oral or written request is submitted. For an expedited	67879
review, the plan member's provider must certify that the requested	67880
or recommended therapy would be significantly less effective if	67881
not promptly initiated.	67882

(C) The external review process established by a plan shall	67883
meet all of the following criteria:	67884

(1) Except as provided in division (E) of this section, the	67885
process shall afford all plan members who meet the criteria set	67886
forth in division (A) of this section the opportunity to have the	67887
plan's decision to deny coverage of the recommended or requested	67888
therapy reviewed under the process. Each eligible plan member	67889
shall be notified of that opportunity within thirty business days	67890
after the plan denies coverage.	67891

(2) The review shall be conducted by an independent review	67892
organization assigned by the superintendent of insurance under	67893
section 3901.80 of the Revised Code. The independent review	67894
organization shall select a panel to conduct the review, which	67895
panel shall be composed of at least three physicians or other	67896
providers who, through clinical experience in the past three	67897
years, are experts in the treatment of the plan member's medical	67898
condition and knowledgeable about the recommended or requested	67899
therapy. If the independent review organization retained by the	67900
plan is an academic medical center, the panel may include experts	67901
affiliated with or employed by the academic medical center.	67902

In either of the following circumstances, an exception may be	67903
made to the requirement that the review be conducted by an expert	67904
panel composed of a minimum of three physicians or other	67905
providers:	67906

(a) A review may be conducted by an expert panel composed of	67907
only two physicians or other providers if a plan member has	67908
consented in writing to a review by the smaller panel.	67909

(b) A review may be conducted by a single expert physician or	67910
other provider if only the expert physician or other provider is	67911
available for the review.	67912

(3) Neither the plan nor the plan member shall choose, or	67913
control the choice of, the physician or other provider experts.	67914

(4) The selected experts, any health care facility with which	67915
an expert is affiliated, and the independent review organization	67916
arranging for the experts' review shall not have any professional,	67917
familial, or financial affiliation with any of the following:	67918

(a) The plan or any officer, director, or managerial employee	67919
of the plan;	67920

(b) The plan member, the plan member's physician, or the	67921
practice group of the plan member's physician;	67922

(c) The health care facility at which the recommended or	67923
requested therapy would be provided;	67924

(d) The development or manufacture of the principal drug,	67925
device, procedure, or therapy involved in the recommended or	67926
requested therapy. However, experts affiliated with academic	67927
medical centers who provide health care services to members of the	67928
plan may serve as experts on the review panel. Further, experts	67929
with staff privileges at a health care facility that provides	67930
health care services to members of the plan, as well as experts	67931
who have a contractual relationship with the plan, but who were	67932
not involved with the plan's denial of coverage for the therapy	67933
under review, may serve as experts on the review panel. These	67934
nonaffiliation provisions do not preclude a plan from paying for	67935
the experts' review, as specified in division (C)(5) of this	67936
section.	67937

(5) Plan members shall not be required to pay for any part of	67938
the cost of the review. The cost of the review shall be borne by	67939
the plan.	67940

(6) The plan shall provide to the independent review	67941
organization arranging for the experts' review a copy of those	67942
records in the plan's possession that are relevant to the plan	67943
member's medical condition and the review. The records shall be	67944
disclosed solely to the expert reviewers and shall be used solely	67945
for the purpose of this section. At the request of the expert	67946
reviewers, the plan or the physician requesting the therapy shall	67947
provide any additional information that the expert reviewers	67948
request to complete the review. An expert reviewer is not required	67949
to render an opinion if the reviewer has not received any	67950
requested information that the reviewer considers necessary to	67951
complete the review.	67952

(7)(a) In the case of an expedited review, the independent	67953
review organization shall issue a written decision not later than	67954
seven days after the filing of the request for review. In all	67955
other cases, the independent review organization shall issue a	67956
written decision not later than thirty days after the filing of	67957
the request. The independent review organization shall send a copy	67958
of its decision to the plan and the plan member. If the plan	67959
member's provider or the health care facility rendering health	67960
care services to the plan member requested the review, the	67961
independent review organization shall also send a copy of its	67962
decision to the plan member's provider or the health care	67963
facility.	67964

(b) In conducting the review, the experts on the panel shall	67965
take into account all of the following:	67966

(i) Information submitted by the plan, the plan member, and	67967
the plan member's physician, including the plan member's medical	67968
records and the standards, criteria, and clinical rationale used	67969
by the plan to reach its coverage decision;	67970

(ii) Findings, studies, research, and other relevant	67971
documents of government agencies and nationally recognized	67972
organizations;	67973

(iii) Relevant findings in peer-reviewed medical or	67974
scientific literature and published opinions of nationally	67975
recognized medical experts;	67976

(iv) Clinical guidelines adopted by relevant national medical	67977
societies;	67978

(v) Safety, efficacy, appropriateness, and	67979
cost-effectiveness.	67980

(8) Each expert on the panel shall provide the independent	67981
review organization with a professional opinion as to whether	67982
there is sufficient evidence to demonstrate that the recommended	67983
or requested therapy is likely to be more beneficial to the plan	67984
member than standard therapies.	67985

(9) Each expert's opinion shall be presented in written form	67986
and shall include the following information:	67987

(a) A description of the plan member's condition;

67988

(b) A description of the indicators relevant to determining	67989
whether there is sufficient evidence to demonstrate that the	67990
recommended or requested therapy is more likely than not to be	67991
more beneficial to the plan member than standard therapies;	67992

(c) A description and analysis of any relevant findings	67993
published in peer-reviewed medical or scientific literature or the	67994
published opinions of medical experts or specialty societies;	67995

(d) A description of the plan member's suitability to receive	67996
the recommended or requested therapy according to a treatment	67997
protocol in a clinical trial, if applicable.	67998

(10) The independent review organization shall provide the	67999
plan with the opinions of the experts. The plan shall make the	68000
experts' opinions available to the plan member and the plan	68001
member's physician, upon request.	68002

(11) The opinion of the majority of the experts on the panel,	68003
rendered pursuant to division (C)(8) of this section, is binding	68004
on the plan with respect to that plan member. If the opinions of	68005
the experts on the panel are evenly divided as to whether the	68006
therapy should be covered, the plan's final decision shall be in	68007
favor of coverage. If less than a majority of the experts on the	68008
panel recommend coverage of the therapy, the plan may, in its	68009
discretion, cover the therapy. However, any coverage provided	68010
pursuant to division (C)(11) of this section is subject to the	68011
terms, limitations, and conditions of the plan.	68012

(12) The plan shall have written policies describing the	68013
external review process.	68014

(D) If a plan's initial denial of coverage for a therapy	68015
recommended or requested pursuant to division (A)~~(3)~~(2) of this	68016
section is based upon an external review of that therapy meeting	68017
the requirements of division (C) of this section, this section	68018
shall not be a basis for requiring a second external review of the	68019
recommended or requested therapy.	68020

(E) At any time during the external review process, the plan	68021
may elect to cover the recommended or requested health care	68022
service and terminate the review. The plan shall notify the plan	68023
member and all other parties involved by mail or, with consent or	68024
approval of the plan member, by electronic means.	68025

(F) The plan shall annually file a certificate with the	68026
superintendent of insurance certifying its compliance with the	68027
requirements of this section.	68028

Sec. 3923.90. (A) There is hereby created the health care	68029
coverage and quality council to advise the governor, general	68030
assembly, entities in the public and private sectors, and	68031
consumers on strategies to expand affordable health insurance	68032
coverage to more individuals and to improve the cost and quality	68033
of the state's health insurance system and health care system.	68034

(B) The council shall consist of the following members:

68035

(1) The superintendent of insurance or the superintendent's	68036
designee;	68037

(2) The director of the executive medicaid management	68038
administration;	68039

(3) The director of medicaid;

68040

(4) The director of health;

68041

(5) The benefits administrator of the office of benefits	68042
administration within the department of administrative services;	68043

(6) Two members of the house of representatives, one member	68044
appointed by the speaker of the house of representatives and one	68045
member appointed by the minority leader of the house of	68046
representatives;	68047

(7) Two members of the senate, one member appointed by the	68048
president of the senate and one member appointed by the minority	68049
leader of the senate;	68050

(8) The following members appointed by the governor, with the	68051
advice and consent of the senate:	68052

(a) Two representatives of consumers of health care services;

68053

(b) Two representatives of employers that provide health care	68054
coverage to their employees;	68055

(c) Two representatives of medical facilities, at least one	68056
of whom is a representative of a research and academic medical	68057
center;	68058

(d) Two individuals authorized under Chapter 4731. of the	68059
Revised Code to practice medicine and surgery or osteopathic	68060
medicine and surgery;	68061

(e) Two representatives of companies authorized under Chapter	68062
3923. of the Revised Code to do the business of sickness and	68063
accident insurance in this state or of health insuring	68064
corporations holding certificates of authority under Chapter 1751.	68065
of the Revised Code;	68066

(f) Two representatives of organized labor;

68067

(g) One representative of a nonprofit organization	68068
experienced in health care data collection and analysis;	68069

(h) One individual with expertise in health information	68070
technology and exchange;	68071

(i) One representative of a state retirement system;

68072

(j) One public health professional.

68073

(9) Other members appointed by the superintendent of	68074
insurance.	68075

(C) Not later than thirty days after the effective date of	68076
this section, initial appointments shall be made to the council.	68077
The initial legislative members shall be appointed for terms	68078
ending three years from the date of appointment. The initial	68079
members appointed by the governor and the superintendent of	68080
insurance shall serve staggered terms of one, two, or three years,	68081
as selected by the governor or superintendent when making their	68082
respective appointments. Thereafter, terms of office for all	68083
appointed members shall be three years, with each term ending on	68084
the same day of the same month as the term it succeeds. Each	68085
member shall hold office from the date of appointment until the	68086
end of the term for which the member was appointed, except that a	68087
legislative member ceases to be a member of the council on	68088
ceasing to be a member of the general assembly. Members may be	68089
reappointed.	68090

Vacancies shall be filled in the same manner as original	68091
appointments. Any member appointed to fill a vacancy occurring	68092
prior to the expiration of the term for which the member's	68093
predecessor was appointed shall hold office for the remainder of	68094
that term. A member shall continue in office subsequent to the	68095
expiration date of the member's term until the member's successor	68096
takes office or until a period of sixty days has elapsed,	68097
whichever occurs first.	68098

(D) The superintendent or the superintendent's designee shall	68099
serve as chairperson of the council. The council shall meet at the	68100
call of the chair. A majority of the members of the council	68101
constitutes a quorum.	68102

(E) Members shall serve without compensation, but shall be	68103
reimbursed for mileage and actual and necessary expenses incurred	68104
in the performance of their official duties.	68105

(F) The superintendent may provide staff and other	68106
administrative support for the council to carry out its duties. In	68107
making staffing decisions, the superintendent may consider any	68108
recommendations made by the council.	68109

(G) Sections 101.82 to 101.87 of the Revised Code do not	68110
apply to the health care coverage and quality council.	68111

Sec. 3923.91. (A) The health care coverage and quality	68112
council shall do all of the following:	68113

(1) Advise the governor and general assembly on strategies to	68114
improve health care programs and health insurance policies and	68115
benefit plans;	68116

(2) Monitor and evaluate implementation of strategies for	68117
improving access to health insurance coverage and improving the	68118
quality of the state's health care system, identify barriers to	68119
implementing those strategies, and identify methods for overcoming	68120
the barriers;	68121

(3) Catalog existing health care data reporting efforts and	68122
make recommendations to improve data reporting in a manner that	68123
increases transparency and consistency in the health care and	68124
insurance coverage systems;	68125

(4) Study health care financing alternatives that will	68126
increase access to health insurance coverage, promote disease	68127
prevention and injury prevention, contain costs, and improve	68128
quality;	68129

(5) Evaluate the systems that individuals use to obtain or	68130
otherwise become connected with health insurance and recommend	68131
improvements to those systems or the use of alternative systems;	68132

(6) Recommend minimum coverage standards for basic and	68133
standard health insurance plans offered by insurance carriers;	68134

(7) Recommend strategies, such as subsidies, to assist	68135
individuals in being able to afford health insurance coverage;	68136

(8) Recommend strategies to implement health information	68137
technology to support improved access and quality and reduced	68138
costs in the state's health care system;	68139

(9) Develop programs to assist employers in adopting	68140
cafeteria plans meeting the requirements of federal law;	68141

(10) Perform any other duties specified in rules adopted by	68142
the superintendent of insurance.	68143

(B) The council shall prepare and issue an annual report,	68144
which may include recommendations, on or before the thirty-first	68145
day of December of each year. The council may prepare and issue	68146
other reports and recommendations at other times that the council	68147
finds appropriate.	68148

(C) The superintendent may adopt rules as necessary for the	68149
council to carry out its duties. The rules shall be adopted under	68150
Chapter 119. of the Revised Code. In adopting the rules, the	68151
superintendent may consider any recommendations made by the	68152
council.	68153

Sec. 3924.01. As used in sections 3924.01 to 3924.14 of the	68154
Revised Code:	68155

(A) "Actuarial certification" means a written statement	68156
prepared by a member of the American academy of actuaries, or by	68157
any other person acceptable to the superintendent of insurance,	68158
that states that, based upon the person's examination, a carrier	68159
offering health benefit plans to small employers is in compliance	68160
with sections 3924.01 to 3924.14 of the Revised Code. "Actuarial	68161
certification" shall include a review of the appropriate records	68162
of, and the actuarial assumptions and methods used by, the carrier	68163
relative to establishing premium rates for the health benefit	68164
plans.	68165

(B) "Adjusted average market premium price" means the average	68166
market premium price as determined by the board of directors of	68167
the Ohio health reinsurance program either on the basis of the	68168
arithmetic mean of all carriers' premium rates for an OHC plan	68169
sold to groups with similar case characteristics by all carriers	68170
selling OHC plans in the state, or on any other equitable basis	68171
determined by the board.	68172

(C) "Base premium rate" means, as to any health benefit plan	68173
that is issued by a carrier and that covers at least two but no	68174
more than fifty employees of a small employer, the lowest premium	68175
rate for a new or existing business prescribed by the carrier for	68176
the same or similar coverage under a plan or arrangement covering	68177
any small employer with similar case characteristics.	68178

(D) "Carrier" means any sickness and accident insurance	68179
company or health insuring corporation authorized to issue health	68180
benefit plans in this state or a MEWA. A sickness and accident	68181
insurance company that owns or operates a health insuring	68182
corporation, either as a separate corporation or as a line of	68183
business, shall be considered as a separate carrier from that	68184
health insuring corporation for purposes of sections 3924.01 to	68185
3924.14 of the Revised Code.	68186

(E) "Case characteristics" means, with respect to a small	68187
employer, the geographic area in which the employees work; the age	68188
and sex of the individual employees and their dependents; the	68189
appropriate industry classification as determined by the carrier;	68190
the number of employees and dependents; and such other objective	68191
criteria as may be established by the carrier. "Case	68192
characteristics" does not include claims experience, health	68193
status, or duration of coverage from the date of issue.	68194

(F) "Dependent" means the spouse or child of an eligible	68195
employee, subject to applicable terms of the health benefits plan	68196
covering the employee.	68197

(G) "Eligible employee" means an employee who works a normal	68198
work week of twenty-five or more hours. "Eligible employee" does	68199
not include a temporary or substitute employee, or a seasonal	68200
employee who works only part of the calendar year on the basis of	68201
natural or suitable times or circumstances.	68202

(H) "Health benefit plan" means any hospital or medical	68203
expense policy or certificate or any health plan provided by a	68204
carrier, that is delivered, issued for delivery, renewed, or used	68205
in this state on or after the date occurring six months after	68206
November 24, 1995. "Health benefit plan" does not include policies	68207
covering only accident, credit, dental, disability income,	68208
long-term care, hospital indemnity, medicare supplement, specified	68209
disease, or vision care; coverage under a	68210
one-time-limited-duration policy of no longer than six months;	68211
coverage issued as a supplement to liability insurance; insurance	68212
arising out of a workers' compensation or similar law; automobile	68213
medical-payment insurance; or insurance under which benefits are	68214
payable with or without regard to fault and which is statutorily	68215
required to be contained in any liability insurance policy or	68216
equivalent self-insurance.	68217

(I) "Late enrollee" means an eligible employee or dependent	68218
who enrolls in a small employer's health benefit plan other than	68219
during the first period in which the employee or dependent is	68220
eligible to enroll under the plan or during a special enrollment	68221
period described in section 2701(f) of the "Health Insurance	68222
Portability and Accountability Act of 1996," Pub. L. No. 104-191,	68223
110 Stat. 1955, 42 U.S.C.A. 300gg, as amended.	68224

(J) "MEWA" means any "multiple employer welfare arrangement"	68225
as defined in section 3 of the "Federal Employee Retirement Income	68226
Security Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended,	68227
except for any arrangement which is fully insured as defined in	68228
division (b)(6)(D) of section 514 of that act.	68229

(K) "Midpoint rate" means, for small employers with similar	68230
case characteristics and plan designs and as determined by the	68231
applicable carrier for a rating period, the arithmetic average of	68232
the applicable base premium rate and the corresponding highest	68233
premium rate.	68234

(L) "Pre-existing conditions provision" means a policy	68235
provision that excludes or limits coverage for charges or expenses	68236
incurred during a specified period following the insured's	68237
enrollment date as to a condition for which medical advice,	68238
diagnosis, care, or treatment was recommended or received during a	68239
specified period immediately preceding the enrollment date.	68240
Genetic information shall not be treated as such a condition in	68241
the absence of a diagnosis of the condition related to such	68242
information.	68243

For purposes of this division, "enrollment date" means, with	68244
respect to an individual covered under a group health benefit	68245
plan, the date of enrollment of the individual in the plan or, if	68246
earlier, the first day of the waiting period for such enrollment.	68247

(M) "Service waiting period" means the period of time after	68248
employment begins before an employee is eligible to be covered for	68249
benefits under the terms of any applicable health benefit plan	68250
offered by the small employer.	68251

(N)(1) "Small employer" means, in connection with a group	68252
health benefit plan and with respect to a calendar year and a plan	68253
year, an employer who employed an average of at least two but no	68254
more than fifty eligible employees on business days during the	68255
preceding calendar year and who employs at least two employees on	68256
the first day of the plan year.	68257

(2) For purposes of division (N)(1) of this section, all	68258
persons treated as a single employer under subsection (b), (c),	68259
(m), or (o) of section 414 of the "Internal Revenue Code of 1986,"	68260
100 Stat. 2085, 26 U.S.C.A. 1, as amended, shall be considered one	68261
employer. In the case of an employer that was not in existence	68262
throughout the preceding calendar year, the determination of	68263
whether the employer is a small or large employer shall be based	68264
on the average number of eligible employees that it is reasonably	68265
expected the employer will employ on business days in the current	68266
calendar year. Any reference in division (N) of this section to an	68267
"employer" includes any predecessor of the employer. Except as	68268
otherwise specifically provided, provisions of sections 3924.01 to	68269
3924.14 of the Revised Code that apply to a small employer that	68270
has a health benefit plan shall continue to apply until the plan	68271
anniversary following the date the employer no longer meets the	68272
requirements of this division.	68273

(O) "OHC plan" means an Ohio health care plan, which is the	68274
basic, standard, or carrier reimbursement plan for small employers	68275
and individuals established ~~by the board~~ in accordance with	68276
section 3924.10 of the Revised Code.	68277

Sec. 3924.06. (A) Compliance with the underwriting and	68278
rating requirements contained in sections 3924.01 to 3924.14 of	68279
the Revised Code shall be demonstrated through actuarial	68280
certification. Carriers offering health benefit plans to small	68281
employers shall file annually with the superintendent of insurance	68282
an actuarial certification stating that the underwriting and	68283
rating methods of the carrier do all of the following:	68284

(1) Comply with accepted actuarial practices;

68285

(2) Are uniformly applied to health benefit plans covering	68286
small employers;	68287

(3) Comply with the applicable provisions of sections 3924.01	68288
to 3924.14 of the Revised Code.	68289

(B) If a carrier has established a separate class of business	68290
for one or more small employer health care alliances in accordance	68291
with section 1731.09 of the Revised Code, this section shall apply	68292
in accordance with section 1731.09 of the Revised Code.	68293

(C) Carriers offering health benefit plans to small employers	68294
shall file premium rates with the superintendent in accordance	68295
with section 3923.02 of the Revised Code with respect to the	68296
carrier's sickness and accident insurance policies sold to small	68297
employers and in accordance with section 1751.12 of the Revised	68298
Code with respect to the carrier's health insuring corporation	68299
policies sold to small employers.	68300

Sec. 3924.09. The Ohio health reinsurance program shall have	68301
the general powers and authority granted under the laws of the	68302
state to insurance companies licensed to transact sickness and	68303
accident insurance, except the power to issue insurance. The board	68304
of directors of the program also shall have the specific authority	68305
to do all of the following:	68306

(A) Enter into contracts as are necessary or proper to carry	68307
out the provisions and purposes of sections 3924.07 to 3924.14 of	68308
the Revised Code, including the authority to enter into contracts	68309
with similar programs of other states for the joint performance of	68310
common functions, or with persons or other organizations for the	68311
performance of administrative functions;	68312

(B) Sue or be sued, including taking any legal actions	68313
necessary or proper for recovery of any assessments for, on behalf	68314
of, or against any program or board member;	68315

(C) Take such legal action as is necessary to avoid the	68316
payment of improper claims against the program;	68317

(D) ~~Design~~Make recommendations to the superintendent of	68318
insurance regarding the design of the OHC plans which, when	68319
offered by a carrier, are eligible for reinsurance and issue	68320
reinsurance policies in accordance with the requirements of	68321
sections 3924.07 to 3924.14 of the Revised Code;	68322

(E) Establish rules, conditions, and procedures pertaining to	68323
the reinsurance of members' risks by the program;	68324

(F) Establish appropriate rates, rate schedules, rate	68325
adjustments, rate classifications, and any other actuarial	68326
functions appropriate to the operation of the program;	68327

(G) Assess members in accordance with division (G) of section	68328
3924.11 and the provisions of section 3924.13 of the Revised Code,	68329
and make such advance interim assessments as may be reasonable and	68330
necessary for organizational and interim operating expenses. Any	68331
interim assessments shall be credited as offsets against any	68332
regular assessments due following the close of the calendar year.	68333

(H) Appoint members to appropriate legal, actuarial, and	68334
other committees if necessary to provide technical assistance with	68335
respect to the operation of the program, policy and other contract	68336
design, and any other function within the authority of the	68337
program;	68338

(I) Borrow money to effect the purposes of the program. Any	68339
notes or other evidence of indebtedness of the program not in	68340
default shall be legal investments for carriers and may be carried	68341
as admitted assets.	68342

(J) Reinsure risks, collect assessments, and otherwise carry	68343
out its duties under division (G) of section 3924.11 of the	68344
Revised Code;	68345

(K) Study the operation of the Ohio health reinsurance	68346
program and the open enrollment reinsurance program and, based on	68347
its findings, make legislative recommendations to the general	68348
assembly for improvements in the effectiveness, operation, and	68349
integrity of the programs;	68350

(L) ~~Design~~Make recommendations to the superintendent	68351
regarding the design of a basic and standard plan for purposes of	68352
sections 1751.16, 3923.122, and 3923.581 of the Revised Code.	68353

Sec. 3924.10. (A) The board of directors of the Ohio health	68354
reinsurance program ~~shall design~~may make recommendations to the	68355
superintendent of insurance, and the superintendent may adopt or	68356
amend by rule the OHC basic, standard, and carrier reimbursement	68357
plans which, when offered by a carrier, are eligible for	68358
reinsurance under the program. The ~~board~~superintendent shall	68359
establish the form and level of coverage to be made available by	68360
carriers in their OHC plans. ~~In designing the~~The plans ~~the board~~	68361
shall ~~also establish~~include benefit levels, deductibles,	68362
coinsurance factors, exclusions, and limitations for the plans.	68363
The forms and levels of coverage ~~established by the board~~ shall	68364
specify which components of health benefit plans offered by a	68365
carrier may be reinsured. The OHC plans are subject to division	68366
(C) of section 3924.02 of the Revised Code and to the provisions	68367
in Chapters 1751., 1753., 3923., and any other chapter of the	68368
Revised Code that require coverage or the offer of coverage of a	68369
health care service or benefit.	68370

(B) ~~The board shall adopt the OHC plans within one hundred~~	68371
~~eighty days after the effective date of this amendment~~In adopting	68372
rules relating to the OHC basic and standard plans, the	68373
superintendent may also consider recommendations of the Ohio	68374
health care coverage and quality council established under section	68375
3923.90 of the Revised Code. The plans may include cost	68376
containment features including any of the following:	68377

(1) Utilization review of health care services, including	68378
review of the medical necessity of hospital and physician	68379
services;	68380

(2) Case management benefit alternatives;

68381

(3) Selective contracting with hospitals, physicians, and	68382
other health care providers;	68383

(4) Reasonable benefit differentials applicable to	68384
participating and nonparticipating providers;	68385

(5) Employee assistance program options that provide	68386
preventive and early intervention mental health and substance	68387
abuse services;	68388

(6) Other provisions for the cost-effective management of the	68389
plans.	68390

(C) OHC plans established for use by health insuring	68391
corporations shall be consistent with the basic method of	68392
operation of such corporations.	68393

(D) Each carrier shall certify to the superintendent of	68394
insurance, in the form and manner prescribed by the	68395
superintendent, that the OHC plans filed by the carrier are in	68396
substantial compliance with the provisions of the board OHC plans.	68397
Upon receipt by the superintendent of the certification, the	68398
carrier may use the certified plans.	68399

(E) Each carrier shall, on and after sixty days after the	68400
date that the program becomes operational and as a condition of	68401
transacting business in this state, renew coverage provided to any	68402
individual or group under its OHC plans.	68403

(F) The OHC plans in effect as of June 1, 2009, shall remain	68404
in effect until those plans are amended or new plans are adopted	68405
in accordance with this section.	68406

Sec. 3929.43. (A) The Ohio fair plan underwriting	68407
association is hereby created consisting of all insurers	68408
authorized to write within this state, on a direct basis, basic	68409
property insurance or any component thereof in multi-peril	68410
policies, to assist applicants in urban areas to secure basic	68411
property insurance or homeowners insurance, and to formulate and	68412
administer a program for the equitable apportionment of basic	68413
property insurance or homeowners insurance which cannot be	68414
obtained in the normal market. Every such insurer shall be a	68415
member of the association and shall remain a member as a condition	68416
of its authority to write any of such insurance in this state.	68417

(B) The association, pursuant to sections 3929.41 to 3929.49	68418
of the Revised Code, and the plan of operation, with respect to	68419
basic property insurance or homeowners insurance, may assume and	68420
cede reinsurance on insurable risks written by its members.	68421

(C) The board of governors of the association shall submit to	68422
the superintendent of insurance, for ~~his~~ approval, a proposed plan	68423
of operation which shall provide for economical, fair, and	68424
nondiscriminatory administration of a program for the equitable	68425
apportionment among members of basic property insurance or	68426
homeowners insurance which may be afforded in urban areas to	68427
applicants whose property is insurable in accordance with	68428
reasonable underwriting standards, but who are unable to procure	68429
such insurance through normal channels. The association is under	68430
no obligation to issue basic property insurance or homeowners	68431
insurance to any person, unless that person and ~~his~~that person's	68432
property would be insurable in the normal insurance market, and	68433
such property, except for its location, would constitute an	68434
insurable risk in accordance with reasonable underwriting	68435
standards. The plan of operation shall provide that the	68436
association, in determining whether the property is insurable,	68437
shall give no consideration to the condition of surrounding	68438
property or properties, where such condition is not within the	68439
control of the applicant. Rates for basic property insurance and	68440
homeowners insurance shall ~~not exceed those rates filed with~~be	68441
subject to the approval of the superintendent ~~by the major rating~~	68442
~~organization in this state, except that in the case of homeowners~~	68443
~~insurance the association may file deviations to the rating plan~~	68444
~~previously filed by such rating organization, and such deviations~~	68445
~~shall be subject to the approval of the superintendent in the same~~	68446
~~manner as other deviations under Chapter 3935. of the Revised~~	68447
~~Code~~. The plan of operation may also provide for assessment of all	68448
members in amounts sufficient to operate the association, maximum	68449
limits of liability per location to be placed through the program,	68450
reasonable underwriting standards for determining insurability of	68451
a risk, and the commission to be paid to the licensed producer	68452
designated by the applicant. The superintendent shall adopt such	68453
plan and all amendments thereto pursuant to Chapter 119. of the	68454
Revised Code.	68455

If the superintendent disapproves the proposed plan of	68456
operation, the board of governors shall, within fifteen days,	68457
submit for approval an appropriately revised plan of operation and	68458
if the board of governors fails to do so, or if the revised plan	68459
submitted is unacceptable, the superintendent shall promulgate a	68460
plan of operation.	68461

If amendment of the plan of operation is requested by the	68462
superintendent or the board of governors, the board of governors	68463
shall submit to the superintendent, for ~~his~~ approval, such	68464
amendments. If such amendments are not approved by the	68465
superintendent, the board of governors shall, within fifteen days,	68466
submit for approval an appropriately revised amendment. If the	68467
board of governors fails to do so, or if the amendment is not	68468
approved by the superintendent, the superintendent shall	68469
promulgate such amendment as hethe superintendent finds	68470
necessary.	68471

(D)(1) The plan of operation may provide for periodic advance	68472
assessments against member insurers in amounts considered	68473
necessary to cover any deficit or projected deficit arising out of	68474
the operation of the association. Any provision in the plan for	68475
implementation of such advance assessments shall be approved by	68476
the superintendent. Any such provision in the plan shall also	68477
provide for quarterly or other periodic installment payment of	68478
such assessments.	68479

(2) Such plan shall provide a method whereby member insurers	68480
may recoup assessments levied by the association. In order to	68481
recoup such assessments the plan may also provide for the	68482
calculation and use of rates or rating factors to be applied to	68483
direct premiums for basic property insurance and homeowners	68484
insurance located in this state. Such a provision is subject to	68485
the approval of the superintendent. Member insurers of the	68486
association implementing a change in rates pursuant to this	68487
section shall file such changes with the superintendent. Such	68488
changes shall not increase rates more than the amount authorized	68489
by the association and approved by the superintendent pursuant to	68490
the plan. The association may consult with member insurers or	68491
licensed rating bureaus in connection with the establishment and	68492
operation of any such provision.	68493

(E) Any insurer which is a member of the association shall	68494
participate in the writings, expenses, profits, and losses of the	68495
association in the proportion that its premiums written bear to	68496
the aggregate premiums written by all members of the association,	68497
except that this division shall not be construed to preclude the	68498
board of governors from taking action to adjust assessments in	68499
accordance with a program adopted pursuant to division (I) of this	68500
section.	68501

(F) Such plan shall require the issuance of a binder	68502
providing coverage for which the applicant tenders an amount equal	68503
to the annual premium as estimated by the association, ~~such~~or an	68504
appropriate percentage of that annual premium as determined by the	68505
association. The binder ~~taking~~shall take effect ~~fifteen days~~	68506
~~following the date of~~the day after the association receives the	68507
application, provided that the application meets the underwriting	68508
standards of the association, for such term, and under such	68509
conditions as are determined by the superintendent ~~of insurance~~.	68510
The superintendent may alter such time requirement on a specific	68511
risk under such conditions as hethe superintendent finds	68512
appropriate.	68513

(G) The association shall be governed by a board of governors	68514
consisting of twelve members, four of whom shall be appointed by	68515
the governor with the advice and consent of the senate. One of	68516
such members shall be a licensed agent writing basic property	68517
insurance for more than one insurer. None of the other three such	68518
members shall be a director, officer, salaried employee, agent, or	68519
substantial shareholder of any insurance company and not more than	68520
two of these three members shall be members of the same political	68521
party. Terms of office of members appointed by the governor shall	68522
be for two years, commencing on the nineteenth day of September	68523
and ending on the eighteenth day of September. Each member shall	68524
hold office from the date of ~~his~~ appointment until the end of the	68525
term for which hethe member was appointed. Any member appointed	68526
to fill a vacancy occurring prior to the expiration of the term	68527
for which ~~his~~the member's predecessor was appointed shall hold	68528
office for the remainder of such term. Any appointed member shall	68529
continue in office subsequent to the expiration date of ~~his~~the	68530
member's term until ~~his~~the member's successor takes office, or	68531
until a period of sixty days has elapsed, whichever occurs first.	68532
The remaining eight members shall be representatives from member	68533
companies, at least five of whom shall be Ohio domiciled members,	68534
elected annually by accumulated voting by members of the	68535
association whose votes shall be weighed in accordance with each	68536
member's premiums written during the second preceding calendar	68537
year. Not more than one insurer in a group under the same	68538
management or ownership shall serve on the board of governors at	68539
the same time. The eight representatives of member companies shall	68540
be elected at a meeting of the members or their authorized	68541
representatives, which shall be held at a time and place	68542
designated by the superintendent.	68543

(H) The plan shall be administered under the supervision of	68544
the superintendent.	68545

(I) The board of governors shall adopt a written program for	68546
decreasing the overall utilization of the association as a source	68547
of insurance. The program shall set forth actions that the board	68548
shall take to decrease such utilization, including actions	68549
intended to reduce the number of policies issued, the number of	68550
persons whose properties are insured, and the total amount and	68551
kinds of insurance written by the association, provided this	68552
division does not authorize the board to take action intended to	68553
decrease utilization of the association as a source of insurance	68554
if such action would substantially conflict with the purposes set	68555
forth in divisions (A), (B), and (D) of section 3929.41 of the	68556
Revised Code or the plan of operation of the association.	68557

Sec. 3929.67. (A) A medical liability insurance policy that	68558
insures a physician or podiatrist, written by or on behalf of the	68559
medical liability underwriting association pursuant to sections	68560
3929.62 to 3929.70 of the Revised Code, may only be cancelled	68561
during the term of the policy for one of the following reasons:	68562

(1) Nonpayment of premiums;

68563

(2) The license of the insured to practice medicine and	68564
surgery, osteopathic medicine and surgery, or podiatric medicine	68565
and surgery has been suspended or revoked;	68566

(3) The insured's failure to meet minimum eligibility and	68567
underwriting standards;	68568

(4) The occurrence of a change in the individual risk that	68569
substantially increases any hazard insured against after the	68570
coverage has been issued or renewed, except to the extent that the	68571
medical liability underwriting association reasonably should have	68572
foreseen the change or contemplated the risk in writing the	68573
policy;	68574

(5) Discovery of fraud or material misrepresentation in the	68575
procurement of insurance or with respect to any claim submitted	68576
thereunder.	68577

(B) A medical liability insurance policy that insures a	68578
hospital, written by or on behalf of the medical liability	68579
underwriting association pursuant to sections 3929.62 to 3929.70	68580
of the Revised Code, may only be cancelled during the term of the	68581
policy for one of the following reasons:	68582

(1) Nonpayment of premiums;

68583

(2) The hospital is not certified or accredited in accordance	68584
with Chapter 3727. of the Revised Code;	68585

(3) An injunction against the hospital has been granted under	68586
section ~~3727.05~~3727.04 of the Revised Code;	68587

(4) The insured's failure to meet minimum eligibility and	68588
underwriting standards;	68589

(5) The occurrence of a change in the individual risk that	68590
substantially increases any hazard insured against after the	68591
coverage has been issued or renewed, except to the extent that the	68592
medical liability underwriting association reasonably should have	68593
foreseen the change or contemplated the risk in writing the	68594
policy;	68595

(6) Discovery of fraud or material misrepresentation in the	68596
procurement of insurance or with respect to any claim submitted	68597
thereunder.	68598

Sec. 3953.23. (A) Every title insurance agent shall keep	68599
books of account and record and vouchers pertaining to the	68600
business of title insurance in such manner that the title	68601
insurance company may readily ascertain from time to time whether	68602
the agent has complied with this chapter.	68603

(B)(1) A title insurance agent may engage in the business of	68604
handling escrows of real property transactions ~~provided that~~	68605
subject to all of the following:	68606

(a) The agent shall maintain a separate record of all	68607
receipts and disbursements of escrow funds ~~and shall not~~.	68608

(b) The agent shall deposit funds held in trust at interest	68609
in either of the following accounts:	68610

(i) An account as required in section 3953.231 of the Revised	68611
Code and in accordance with all applicable rules;	68612

(ii) A separate escrow account for the benefit of one or more	68613
parties to the escrow transaction.	68614

(c) The agent shall not commingle any such funds with the	68615
agent's own funds or with funds held by the agent in any other	68616
capacity~~; and if~~.	68617

(d) The agent shall ensure that any person or entity	68618
delegated or assigned by the agent with the responsibility for	68619
handling escrows of real property transactions complies with all	68620
provisions of the Revised Code and any rules that are applicable	68621
to the agent.	68622

(e) If at any time the superintendent of insurance	68623
determines that an agent has failed to comply with any of the	68624
provisions of this section, the superintendent may revoke the	68625
license of the agent pursuant to section 3905.14 of the Revised	68626
Code, subject to review as provided for in Chapter 119. of the	68627
Revised Code.	68628

(C) All title insurance agents or agencies that handle	68629
escrows in real property transactions not involving the issuance	68630
of title insurance shall have coverage that protects the parties	68631
to such transactions against theft, misappropriation, fraud, or	68632
any other failure to properly disburse settlement, closing, or	68633
escrow funds. The superintendent shall adopt rules under Chapter	68634
119. of the Revised Code setting forth the minimum requirements	68635
for such coverage, including, but not limited to, the minimum	68636
amounts, terms, and conditions of such coverage.	68637

(D) The superintendent shall require every title insurance	68638
agent or agency and any subcontractors to maintain an errors and	68639
omissions policy, in any amount exceeding minimum limits	68640
established by the superintendent, that includes but is not	68641
limited to coverage for the agent's or agency's delegation of any	68642
agent or agency function. The superintendent shall adopt rules	68643
under Chapter 119. of the Revised Code setting forth the minimum	68644
requirements for that coverage, including but not limited to the	68645
minimum amounts, terms, and conditions of the coverage.	68646

Sec. 3953.231. (A)(1) Each title insurance agent or title	68647
insurance company shall establish and maintain an interest-bearing	68648
trust account for the deposit of all non-directed escrow funds	68649
~~that meet the requirements of sections 1349.20 to 1349.22 of the~~	68650
~~Revised Code~~received by the agent to affect an escrow	68651
transaction.	68652

(2) The account established under division (A)(1) of this	68653
section shall be established and maintained in ~~any federally~~	68654
~~insured bank, savings and loan association, credit union, or~~	68655
~~savings bank that is authorized to transact business in this state~~	68656
an eligible depository.	68657

(3) ~~The~~Each account established under division (A)(1) of	68658
this section shall be in the name of the title insurance agent or	68659
company, and shall be identified as an "interest on trust account"	68660
or "IOTA." The name of the account may contain additional	68661
identifying information to distinguish it from other accounts.	68662

(4) The title insurance agent or company establishing the	68663
account shall submit, in writing, to the superintendent of	68664
insurance the name, account number, and location of the ~~bank,~~	68665
~~savings and loan association, credit union, or savings bank~~	68666
eligible depository in which the trust account is maintained.	68667

(B) Each title insurance agent or company shall deposit all	68668
non-directed escrow funds that are nominal in amount or are to be	68669
held for a short period of time into the account established under	68670
division (A) of this section no later than the next business day	68671
after receipt.	68672

(C) Each account established under division (A) of this	68673
section shall comply with all of the following:	68674

(1) All funds ~~in the~~shall be deposited into an IOTA account	68675
product at an eligible depository and shall be subject to	68676
withdrawal or transfer upon request and without delay, or as soon	68677
as permitted by law;	68678

(2) ~~The rate of interest payable on the account shall not be~~	68679
~~less than the rate paid by the bank, savings and loan, credit~~	68680
~~union, or savings bank to its regular depositors. The rate may be~~	68681
~~higher if there is no impairment of the right to the immediate~~	68682
~~withdrawal or transfer of the principal;~~(a) The approved rate of	68683
interest payable on the account shall equal or exceed the highest	68684
interest rate or dividend paid by the eligible depository on its	68685
account products that are not IOTA account products. The eligible	68686
depository shall pay on its IOTA account product any higher rates	68687
offered by it on its account products that are not IOTA account	68688
products.	68689

(b) In paying not less than the highest interest rate or	68690
dividend paid by the eligible depository on its account products	68691
that are not IOTA account products, an eligible depository shall	68692
do both of the following:	68693

(i) For IOTA accounts with balances of less than one hundred	68694
thousand dollars, pay a rate that equals or exceeds the highest	68695
rate paid on its business checking account paying preferred	68696
interest rates, such as money market or indexed rates, or any	68697
other similar, suitable interest-bearing account offered by the	68698
eligible depository on its account products that are not IOTA	68699
account products;	68700

(ii) For IOTA accounts with balances of one hundred thousand	68701
dollars or more, pay a rate that equals or exceeds the highest	68702
rate paid on its business checking account with an automated	68703
investment feature, such as an overnight sweep account, business	68704
investment or other similar premium checking account, short-term	68705
jumbo certificate of deposit, money market account, or any other	68706
similar, suitable interest-bearing account offered by the	68707
eligible depository on its account products that are not IOTA	68708
account products.	68709

(c) In determining the highest interest rate or dividend paid	68710
by the eligible depository on its account products that are not	68711
IOTA account products, an eligible depository shall consider the	68712
rates it offers its customers from internal rate sheets or through	68713
preferred or negotiated rates on a per customer basis. In	68714
considering the rate for the IOTA account product, the eligible	68715
depository may also take into consideration and discount for	68716
factors such as fees paid by the account-holder, time commitments,	68717
and withdrawal limitations. The eligible depository shall not use	68718
these factors to preclude the consideration of the rates paid on	68719
one or more of its account products that are not IOTA account	68720
products in the eligible depository's establishment of a rate for	68721
the IOTA account product.	68722

(d) If an eligible depository determines that it is unable to	68723
pay the approved rate during any reporting period, the eligible	68724
depository may request from the Ohio legal assistance foundation a	68725
waiver from the approved rate requirement for that reporting	68726
period. If an eligible depository requests a waiver from the	68727
approved rate requirement, the eligible depository shall	68728
demonstrate in the form and manner prescribed in rules adopted by	68729
the Ohio legal assistance foundation pursuant to section 120.52 of	68730
the Revised Code that the rates of interest paid on its IOTA	68731
account product are generally not less than the highest rates	68732
paid by the eligible depository on its account products that are	68733
not IOTA account products. At a minimum, the eligible depository	68734
shall demonstrate by an independent, third-party auditor's	68735
certification that not more than five per cent of the eligible	68736
depository's account products that are not IOTA account products	68737
with an average daily balance of greater than or equal to one	68738
hundred thousand dollars have rates that are higher than the rate	68739
paid on the its IOTA account product during the same reporting	68740
period.	68741

(3) All interest earned on ~~the~~an account~~, net of service~~	68742
~~charges and other related charges,~~established under division	68743
(A)(1) of this section shall be transmitted to the treasurer of	68744
state for deposit in the legal aid fund established under section	68745
120.52 of the Revised Code. No part of the interest earned on	68746
funds deposited in an interest-bearing trust account established	68747
under division (A) of this section shall be paid to, or inure to	68748
the benefit of, the title insurance agent or company, the client	68749
or other person who owns or has a beneficial ownership of the	68750
funds deposited, or any other account, person, or entity other	68751
than in accordance with this section and sections 120.51 to 120.55	68752
of the Revised Code.	68753

(D) The title insurance agent or company establishing an	68754
account under division (A) of this section shall direct the ~~bank,~~	68755
~~savings and loan association, credit union, or savings bank~~	68756
eligible depository to do ~~both~~all of the following:	68757

(1) Remit by the fifteenth day of each month interest or	68758
dividends on the average monthly balance in the account earned in	68759
the preceding month, or as otherwise computed in accordance with	68760
the standard accounting practice of the ~~bank, savings and loan~~	68761
~~association, credit union, or savings bank, less reasonable~~	68762
~~service charges and other related charges,~~eligible depository, to	68763
the treasurer of state ~~at least quarterly~~ for deposit in the legal	68764
aid fund established under section 120.52 of the Revised Code;	68765

(2) At the time of each remittance, transmit to the treasurer	68766
of state~~, and if requested~~, to the Ohio legal assistance	68767
foundation, and, if requested, to the title insurance agent or	68768
company, a statement showing the name of the title insurance agent	68769
or company for whom the remittance is sent, the comparable	68770
accounts or product types and the rates paid as required in	68771
division (C)(2)(b) of this section, the rate of interest applied,	68772
the accounting period, the net amount remitted to the treasurer of	68773
state for each account, the total remitted, the average account	68774
balance for each month of the period for which the report is made,	68775
and the amount ~~deducted for~~of service charges and other related	68776
charges assessed to and paid by the account holder or other party.	68777

(3) Notify the superintendent or other entity designated by	68778
the superintendent on each occasion when a properly payable	68779
instrument is presented for payment from the account and the	68780
account contains insufficient funds, provide this notice without	68781
regard to whether the instrument is honored by the eligible	68782
depository, provide this notice by electronic or other means	68783
within five banking days of the date that the instrument was	68784
honored or returned as dishonored, and include in the notice all	68785
of the following:	68786

(a) The name and address of the eligible depository;

68787

(b) The name and address of the title insurance agent or	68788
company that maintains the account;	68789

(c) The account number and either the amount of the overdraft	68790
and the date issued or the amount of the dishonored instrument and	68791
the date returned.	68792

(E) The statements and reports submitted by the ~~bank, savings~~	68793
~~and loan association, credit union, or savings bank~~eligible	68794
depository under this section, are confidential and are not public	68795
records subject to section 149.43 of the Revised Code and shall be	68796
used ~~only~~by the Ohio legal assistance foundation to administer	68797
the legal aid fund and by the superintendent for the enforcement	68798
of this section. If any statement or report submitted by an	68799
eligible depository under this section is used by the	68800
superintendent for the enforcement of this section, that statement	68801
or report may become a public record subject to section 149.43 of	68802
the Revised Code.	68803

(F) No funds belonging to a title insurance agent or company	68804
shall be deposited into an account established under division (A)	68805
of this section except funds necessary to establish the account or	68806
to pay service charges and other related charges of the ~~bank,~~	68807
~~savings and loan association, credit union, or savings bank that~~	68808
~~are in excess of earnings on the account~~eligible depository.	68809

(G) No liability arising out of any negligent act or omission	68810
of any title insurance agent or company with respect to any	68811
account established under division (A) of this section shall be	68812
imputed to the ~~bank, savings and loan association, credit union,~~	68813
~~or savings bank~~eligible depository.	68814

(H) ~~No liability or responsibility arising out of any~~	68815
~~negligent act or omission of any title insurance agent with~~	68816
~~respect to any account established under division (A) of this~~	68817
~~section shall be imputed to a title insurance company.~~	68818

~~(I)~~ The superintendent may adopt, in accordance with Chapter	68819
119. of the Revised Code, rules that pertain to the use of	68820
accounts established under division (A) of this section and to the	68821
enforcement of this section. Any rules adopted by the	68822
superintendent under this division that pertain to the use of	68823
accounts established under division (A) of this section shall	68824
conform to the provisions of this section, section 3953.23 of the	68825
Revised Code, and any rules adopted by the Ohio legal assistance	68826
foundation pursuant to section 120.52 of the Revised Code.	68827

(I) As used in this section:

68828

(1) "Approved rate" means the minimum allowable rate of	68829
interest payable on an IOTA account product established and	68830
maintained under this section or an IOLTA account product	68831
established and maintained under sections 4705.09 and 4705.10 of	68832
the Revised Code.	68833

(2) "Eligible depository" means a depository or financial	68834
institution that satisfies all of the following requirements:	68835

(a) It voluntarily offers and maintains account products	68836
pursuant to sections 3953.231, 4705.09, and 4705.10 of the Revised	68837
Code and meets the requirements prescribed in those sections and	68838
any rules adopted by the Ohio legal assistance foundation pursuant	68839
to section 120.52 of the Revised Code.	68840

(b) It is a bank, savings bank, or savings and loan	68841
association authorized by federal or state law to do business in	68842
this state and insured by the Federal deposit insurance	68843
corporation or any successor insurance corporation or is a credit	68844
union authorized by federal or state law to do business in this	68845
state and insured by the national credit union administration or	68846
by a credit union share guaranty corporation in this state.	68847

(c) It has been certified by the Ohio legal assistance	68848
foundation as an eligible depository, based on the criterion	68849
provided in sections 120.52, 3953.231, 4705.09, and 4705.10 of the	68850
Revised Code, subject to a dispute resolution process established	68851
by rules adopted by the Ohio legal assistance foundation pursuant	68852
to section 120.52 of the Revised Code.	68853

(3) "Escrow transaction" means a transaction in which a	68854
person, for the purpose of effecting and closing the sale,	68855
purchase, exchange, transfer, encumbrance, or lease of an interest	68856
in commercial or residential real property located in this state	68857
to another person, provides a written instrument or document,	68858
money, negotiable instrument, check, evidence of title to real	68859
property, or anything of value to an escrow or closing agent to be	68860
held by the agent until a specified event occurs or until the	68861
performance of a prescribed condition, at which time the agent	68862
shall deliver it to a specific person in compliance with	68863
applicable instructions by filing that written instrument or	68864
document with the appropriate public entity or by direct tender to	68865
the appropriate person.	68866

(4) "IOTA account product" means a separate and unique	68867
product offered by an eligible depository that is used exclusively	68868
for the deposit of funds transferred electronically or otherwise,	68869
cash, money orders, or negotiable instruments that are received by	68870
a title insurance agent to effect an escrow transaction and fully	68871
complies with the account requirements of sections 120.52,	68872
3953.23, and 3953.231 of the Revised Code.	68873

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	68874
section 4104.99 of the Revised Code:	68875

(A) "Board of building standards" or "board" means the board	68876
established by section 3781.07 of the Revised Code.	68877

(B) "Superintendent" means the superintendent of ~~the division~~	68878
~~of industrial compliance~~labor created by section 121.04 of the	68879
Revised Code.	68880

(C) "Boiler" means a closed vessel in which water is heated,	68881
steam is generated, steam is superheated, or any combination	68882
thereof, under pressure or vacuum for use externally to itself by	68883
the direct application of heat from the combustion of fuels, or	68884
from electricity or nuclear energy. "Boiler" includes fired units	68885
for heating or vaporizing liquids other than water where these	68886
units are separate from processing systems and are complete within	68887
themselves.	68888

(D) "Power boiler" means a boiler in which steam or other	68889
vapor (to be used externally to itself) is generated at a pressure	68890
of more than fifteen psig.	68891

(E) "High pressure, high temperature water boiler" means a	68892
water heating boiler operating at pressures exceeding one hundred	68893
sixty psig or temperatures exceeding two hundred fifty degrees	68894
Fahrenheit.	68895

(F) "Low pressure boiler" means a steam boiler operating at	68896
pressures not exceeding fifteen psig, or a hot water heating	68897
boiler operating at pressures not exceeding one hundred sixty psig	68898
or temperatures not exceeding two hundred fifty degrees	68899
Fahrenheit.	68900

(G) "Pressure vessel" means a container for the containment	68901
of pressure, either internal or external. This pressure may be	68902
obtained from an external source or by the application of heat	68903
from a direct or indirect source or any combination thereof.	68904

(H) "Process boiler" means a boiler to which all of the	68905
following apply:	68906

(1) The steam in the boiler is either generated or	68907
superheated, or both, under pressure or vacuum for use external to	68908
itself.	68909

(2) The source of heat for the boiler is in part or in whole	68910
from a process other than the boiler itself.	68911

(3) The boiler is part of a continuous processing unit, such	68912
as used in chemical manufacture or petroleum refining, other than	68913
a steam-generated process unit.	68914

(I) "Stationary steam engine" means an engine or turbine in	68915
which the mechanical force arising from the elasticity and	68916
expansion action of steam or from its property of rapid	68917
condensation or from a combination of the two is made available as	68918
a motive power.	68919

Sec. 4104.02. The board of building standards shall:

68920

(A) Formulate rules for the construction, installation,	68921
repair, conservation of energy, and operation of boilers and the	68922
construction and repair of pressure vessels and for ascertaining	68923
the safe working pressures to be carried on such boilers and	68924
pressure vessels and the qualification of inspectors of boilers	68925
and pressure vessels;	68926

(B) Prescribe tests, if it is considered necessary, to	68927
ascertain the qualities of materials used in the construction of	68928
boilers and pressure vessels;	68929

(C) Adopt rules regulating the construction and sizes of	68930
safety valves for boilers and pressure vessels of different sizes	68931
and pressures, for the construction, use, and location of fusible	68932
plugs, appliances for indicating the pressure of steam and level	68933
of water in the boiler or pressure vessels, and such other	68934
appliances as the board considers necessary to safety in operating	68935
boilers;	68936

(D) Establish reasonable fees for the performance of reviews,	68937
surveys, or audits of manufacturer's facilities by the division of	68938
~~industrial compliance~~labor for certification by the American	68939
society of mechanical engineers and the national board of boiler	68940
and pressure vessel inspectors;	68941

(E) The definitions and rules adopted by the board for the	68942
construction, installation, repair, conservation of energy, and	68943
operation of boilers and the construction and repair of pressure	68944
vessels and for ascertaining the safe working pressures to be used	68945
on such boilers and pressure vessels shall be based upon and	68946
follow generally accepted engineering standards, formulae, and	68947
practices established and pertaining to boilers and pressure	68948
vessel construction, operation, and safety, and the board may, for	68949
this purpose, adopt existing published standards as well as	68950
amendments thereto subsequently published by the same authority.	68951

When a person desires to manufacture a special type of boiler	68952
or pressure vessel, the design of which is not covered by the	68953
rules of the board, the person shall submit drawings and	68954
specifications of such boiler or pressure vessel to the board for	68955
investigation, after which the board may permit its installation.	68956

The provisions of sections 119.03 and 119.11 of the Revised	68957
Code in particular, and the applicable provisions of Chapter 119.	68958
of the Revised Code in general, shall govern the proceedings of	68959
the board of building standards in adopting, amending, or	68960
rescinding rules pursuant to this section.	68961

Sec. 4104.06. (A) The inspection of boilers and their	68962
appurtenances and pressure vessels shall be made by the	68963
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	68964
Code. The superintendent of ~~industrial compliance~~labor shall	68965
administer and enforce such sections and rules adopted by the	68966
board of building standards pursuant to section 4104.02 of the	68967
Revised Code.	68968

(B) The superintendent shall adopt, amend, and repeal rules	68969
exclusively for the issuance, renewal, suspension, and revocation	68970
of certificates of competency and certificates of operation, for	68971
conducting hearings in accordance with Chapter 119. of the Revised	68972
Code related to these actions, and for the inspection of boilers	68973
and their appurtenances, and pressure vessels.	68974

(C) Notwithstanding division (B) of this section, the	68975
superintendent shall not adopt rules relating to construction,	68976
maintenance, or repair of boilers and their appurtenances, or	68977
repair of pressure vessels.	68978

(D) The superintendent and each general inspector may enter	68979
any premises and any building or room at all reasonable hours to	68980
perform an examination or inspection.	68981

Sec. 4104.07. (A) An application for examination as an	68982
inspector of boilers and pressure vessels shall be in writing,	68983
accompanied by a fee of one hundred fifty dollars, upon a blank to	68984
be furnished by the superintendent of ~~industrial compliance~~	68985
labor. Any moneys collected under this section shall be paid into	68986
the state treasury to the credit of the ~~industrial compliance~~	68987
labor operating fund created in section 121.084 of the Revised	68988
Code.	68989

(B) The superintendent shall determine if an applicant meets	68990
all the requirements for examination in accordance with rules	68991
adopted by the board of building standards under section 4104.02	68992
of the Revised Code. An application shall be rejected which	68993
contains any willful falsification, or untruthful statements.	68994

(C) An applicant shall be examined by the superintendent, by	68995
a written examination, prescribed by the board, dealing with the	68996
construction, installation, operation, maintenance, and repair of	68997
boilers and pressure vessels and their appurtenances, and the	68998
applicant shall be accepted or rejected on the merits of the	68999
applicant's application and examination.	69000

(D) Upon a favorable report by the superintendent of the	69001
result of an examination, the superintendent shall immediately	69002
issue to the successful applicant a certificate of competency to	69003
that effect.	69004

Sec. 4104.08. (A) The director of commerce may appoint from	69005
the holders of certificates of competency provided for in section	69006
4104.07 of the Revised Code, general inspectors of boilers and	69007
pressure vessels.	69008

(B) Any company authorized to insure boilers and pressure	69009
vessels against explosion in this state may designate from holders	69010
of certificates of competency issued by the superintendent of	69011
~~industrial compliance~~labor, or holders of certificates of	69012
competency or commissions issued by other states or nations whose	69013
examinations for certificates or commissions have been approved by	69014
the board of building standards, persons to inspect and stamp	69015
boilers and pressure vessels covered by the company's policies,	69016
and the superintendent shall issue to such persons commissions	69017
authorizing them to act as special inspectors. Special inspectors	69018
shall be compensated by the company designating them.	69019

(C) The director ~~of commerce~~ shall establish an annual fee to	69020
be charged by the superintendent for each certificate of	69021
competency or commission the superintendent issues.	69022

(D) The superintendent shall issue to each general or special	69023
inspector a commission to the effect that the holder thereof is	69024
authorized to inspect boilers and pressure vessels in this state.	69025

(E) No person shall be authorized to act as a general	69026
inspector or a special inspector who is directly or indirectly	69027
interested in the manufacture or sale of boilers or pressure	69028
vessels.	69029

Sec. 4104.09. The certificate of competency issued under	69030
section 4104.07 of the Revised Code or the commission provided for	69031
in section 4104.08 of the Revised Code may be revoked by the	69032
superintendent of ~~industrial compliance~~labor for the incompetence	69033
or untrustworthiness of the holder thereof, or for willful	69034
falsification of any matter or statement contained in the holder's	69035
application or in a report of any inspection in accordance with	69036
Chapter 119. of the Revised Code. If a certificate or commission	69037
is lost or destroyed, a new certificate or commission shall be	69038
issued in its place without another examination.	69039

Sec. 4104.10. All unfired pressure vessels, except unfired	69040
pressure vessels exempt under section 4104.04 of the Revised Code,	69041
shall be thoroughly inspected during fabrication and upon	69042
completion and shall not be operated until a copy of the	69043
manufacturers' data report, properly executed and signed by the	69044
inspector is filed in the office of the superintendent of	69045
~~industrial compliance~~labor. All unfired pressure vessels shall	69046
conform in every detail with applicable rules adopted by the board	69047
of building standards pursuant to section 4104.02 of the Revised	69048
Code.	69049

Sec. 4104.101. (A) No person shall install or make major	69050
repairs or modifications to any boiler without first registering	69051
to do so with the division of ~~industrial compliance~~labor.	69052

(B) No person shall make any installation or major repair or	69053
modification of any boiler without first obtaining a permit to do	69054
so from the division. The permit application form shall provide	69055
the name and address of the owner, location of the boiler, and	69056
type of repair or modification that will be made. The application	69057
permit fee shall be ~~fifty~~one hundred dollars.	69058

(C) The superintendent of ~~industrial compliance~~labor shall	69059
require annual registration of all contractors who install, make	69060
major repairs to, or modify any boiler. The board of building	69061
standards shall establish a reasonable fee to cover the cost of	69062
processing registrations.	69063

Sec. 4104.12. All boilers, except boilers mentioned in	69064
section 4104.04 of the Revised Code, shall be inspected when	69065
installed and shall not be operated until an appropriate	69066
certificate of operation has been issued by the superintendent of	69067
~~the division of industrial compliance~~labor. The certificate of	69068
operation required by this section shall not be issued for any	69069
boiler which has not been thoroughly inspected during construction	69070
and upon completion, by either a general or special inspector, and	69071
which does not conform in every detail with the rules adopted by	69072
the board of building standards and unless, upon completion, such	69073
boiler is distinctly stamped under such rules by such inspector.	69074

Sec. 4104.15. (A) All certificates of inspection for	69075
boilers, issued prior to October 15, 1965, are valid and effective	69076
for the period set forth in such certificates unless sooner	69077
withdrawn by the superintendent of ~~industrial compliance~~labor.	69078
The owner or user of any such boiler shall obtain an appropriate	69079
certificate of operation for such boiler, and shall not operate	69080
such boiler, or permit it to be operated unless a certificate of	69081
operation has been obtained in accordance with section 4104.17 of	69082
the Revised Code.	69083

(B) If, upon making the internal and external inspection	69084
required under sections 4104.11, 4104.12, and 4104.13 of the	69085
Revised Code, the inspector finds the boiler to be in safe working	69086
order, with the fittings necessary to safety, and properly set up,	69087
upon the inspector's report to the superintendent, the	69088
superintendent shall issue to the owner or user thereof, or renew,	69089
upon application and upon compliance with sections 4104.17 and	69090
4104.18 of the Revised Code, a certificate of operation which	69091
shall state the maximum pressure at which the boiler may be	69092
operated, as ascertained by the rules of the board of building	69093
standards. Such certificates shall also state the name of the	69094
owner or user, the location, size, and number of each boiler, and	69095
the date of issuance, and shall be so placed as to be easily read	69096
in the engine room or boiler room of the plant where the boiler is	69097
located, except that the certificate of operation for a portable	69098
boiler shall be kept on the premises and shall be accessible at	69099
all times.	69100

(C) If an inspector at any inspection finds that the boiler	69101
or pressure vessel is not in safe working condition, or is not	69102
provided with the fittings necessary to safety, or if the fittings	69103
are improperly arranged, the inspector shall immediately notify	69104
the owner or user and person in charge of the boiler and shall	69105
report the same to the superintendent who may revoke, suspend, or	69106
deny the certificate of operation and not renew the same until the	69107
boiler or pressure vessel and its fittings are put in condition to	69108
insure safety of operation, and the owner or user shall not	69109
operate the boiler or pressure vessel, or permit it to be operated	69110
until such certificate has been granted or restored.	69111

(D) If the superintendent or a general boiler inspector finds	69112
that a pressure vessel or boiler or a part thereof poses an	69113
explosion hazard that reasonably can be regarded as posing an	69114
imminent danger of death or serious physical harm to persons, the	69115
superintendent or the general boiler inspector shall seal the	69116
pressure vessel or boiler and order, in writing, the operator or	69117
owner of the pressure vessel or boiler to immediately cease the	69118
pressure vessel's or boiler's operation. The order shall be	69119
effective until the nonconformities are eliminated, corrected, or	69120
otherwise remedied, or for a period of seventy-two hours from the	69121
time of issuance, whichever occurs first. During the	69122
seventy-two-hour period, the superintendent may request that the	69123
prosecuting attorney or city attorney of Franklin county or of the	69124
county in which the pressure vessel or boiler is located obtain an	69125
injunction restraining the operator or owner of the pressure	69126
vessel or boiler from continuing its operation after the	69127
seventy-two-hour period expires until the nonconformities are	69128
eliminated, corrected, or otherwise remedied.	69129

(E) Each boiler which has been inspected shall be assigned a	69130
number by the superintendent, which number shall be stamped on a	69131
nonferrous metal tag affixed to the boiler or its fittings by seal	69132
or otherwise. No person except an inspector shall deface or remove	69133
any such number or tag.	69134

(F) If the owner or user of any pressure vessel or boiler	69135
disagrees with the inspector as to the necessity for shutting down	69136
a pressure vessel or boiler or for making repairs or alterations	69137
in it, or taking any other measures for safety that are requested	69138
by an inspector, the owner or user may appeal from the decision of	69139
the inspector to the superintendent, who may, after such other	69140
inspection by a general inspector or special inspector as the	69141
superintendent deems necessary, decide the issue.	69142

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	69143
nor an inspection or report by any inspector, shall relieve the	69144
owner or user of a pressure vessel or boiler of the duty of using	69145
due care in the inspection, operation, and repair of the pressure	69146
vessel or boiler or of any liability for damages for failure to	69147
inspect, repair, or operate the pressure vessel or boiler safely.	69148

Sec. 4104.16. The owner or user of any boiler required by	69149
sections 4104.01 to 4104.20 of the Revised Code, to be inspected,	69150
shall immediately notify the superintendent of ~~the division of~~	69151
~~industrial compliance~~labor in case a defect affecting the safety	69152
of the boiler is discovered.	69153

The owner or user of any stationary boiler required by such	69154
sections to be inspected, who moves the same, shall report to the	69155
superintendent the new location of the boiler. Such boiler shall	69156
be inspected before it is again operated.	69157

Sec. 4104.17. Certificates of operation issued for boilers	69158
subject to inspection under Chapter 4104. of the Revised Code	69159
shall be issued and renewed in accordance with and at dates	69160
prescribed by rules and regulations adopted by the superintendent	69161
of ~~industrial compliance~~labor.	69162

Sec. 4104.18. (A) The owner or user of a boiler required	69163
under section 4104.12 of the Revised Code to be inspected upon	69164
installation, and the owner or user of a boiler for which a	69165
certificate of inspection has been issued which is replaced with	69166
an appropriate certificate of operation, shall pay to the	69167
superintendent of ~~industrial compliance~~labor a fee in the amount	69168
of ~~forty-five~~fifty dollars for boilers subject to annual	69169
inspections under section 4104.11 of the Revised Code, ~~ninety~~one	69170
hundred dollars for boilers subject to biennial inspection under	69171
section 4104.13 of the Revised Code, one hundred ~~thirty-five~~fifty	69172
dollars for boilers subject to triennial inspection under section	69173
4104.11 of the Revised Code, or two hundred ~~twenty-five~~fifty	69174
dollars for boilers subject to quinquennial inspection under	69175
section 4104.13 of the Revised Code.	69176

~~A renewal fee in the amount of forty-five dollars shall be~~	69177
~~paid to the treasurer of state before the renewal of any~~	69178
~~certificate of operation.~~	69179

(B) The fee for complete inspection during construction by a	69180
general inspector on boilers and pressure vessels manufactured	69181
within the state shall be thirty-five dollars per hour. Boiler and	69182
pressure vessel manufacturers other than those located in the	69183
state may secure inspection by a general inspector on work during	69184
construction, upon application to the superintendent, and upon	69185
payment of a fee of thirty-five dollars per hour, plus the	69186
necessary traveling and hotel expenses incurred by the inspector.	69187

(C) The application fee for applicants for steam engineer,	69188
high pressure boiler operator, or low pressure boiler operator	69189
licenses is ~~fifty~~seventy-five dollars. The fee for each original	69190
or renewal steam engineer, high pressure boiler operator, or low	69191
pressure boiler operator license is ~~thirty-five~~fifty dollars.	69192

(D) The director of commerce, subject to the approval of the	69193
controlling board, may establish fees in excess of the fees	69194
provided in divisions (A), (B), and (C) of this section. Any	69195
moneys collected under this section shall be paid into the state	69196
treasury to the credit of the ~~industrial compliance~~labor	69197
operating fund created in section 121.084 of the Revised Code.	69198

(E) Any person who fails to pay an invoiced renewal fee or an	69199
invoiced inspection fee required for any inspection conducted by	69200
the division of ~~industrial compliance~~labor pursuant to this	69201
chapter within forty-five days of the invoice date shall pay a	69202
late payment fee equal to twenty-five per cent of the invoiced	69203
fee.	69204

(F) In addition to the fees assessed in divisions (A) and (B)	69205
of this section, the board of building standards shall assess the	69206
owner or user a fee of three dollars and twenty-five cents for	69207
each certificate of operation or renewal thereof issued under	69208
division (A) of this section and for each inspection conducted	69209
under division (B) of this section. The board shall adopt rules,	69210
in accordance with Chapter 119. of the Revised Code, specifying	69211
the manner by which the superintendent shall collect and remit to	69212
the board the fees assessed under this division and requiring that	69213
remittance of the fees be made at least quarterly.	69214

Sec. 4104.19. (A) Any person seeking a license to operate as	69215
a steam engineer, high pressure boiler operator, or low pressure	69216
boiler operator shall file a written application with the	69217
superintendent of ~~industrial compliance~~labor on a form prescribed	69218
by the superintendent with the appropriate application fee as set	69219
forth in section 4104.18 of the Revised Code. The application	69220
shall contain information satisfactory to the superintendent to	69221
demonstrate that the applicant meets the requirements of division	69222
(B) of this section. The application shall be filed with the	69223
superintendent not more than sixty days and not less than thirty	69224
days before the license examination is offered.	69225

(B) To qualify to take the examination required to obtain a	69226
steam engineer, high pressure boiler operator, or low pressure	69227
boiler operator license, a person shall meet both of the following	69228
requirements:	69229

(1) Be at least eighteen years of age;

69230

(2) Have one year of experience in the operation of steam	69231
engines, high pressure boilers, or low pressure boilers as	69232
applicable to the type of license being sought, or a combination	69233
of experience and education for the type of license sought as	69234
determined to be acceptable by the superintendent.	69235

(C) No applicant shall qualify to take an examination or to	69236
renew a license if the applicant has violated this chapter or if	69237
the applicant has obtained or renewed a license issued under this	69238
chapter by fraud, misrepresentation, or deception.	69239

(D) The superintendent shall issue a license to each	69240
applicant who receives a passing score on the examination, as	69241
determined by the superintendent, for the license for which the	69242
applicant applied.	69243

(E) The superintendent may select and contract with one or	69244
more persons to do all of the following relative to the	69245
examinations for a license to operate as a steam engineer, high	69246
pressure boiler operator, or low pressure boiler operator:	69247

(1) Prepare, administer, score, and maintain the	69248
confidentiality of the examination;	69249

(2) Maintain responsibility for all expenses required to	69250
fulfill division (E)(1) of this section;	69251

(3) Charge each applicant a fee for administering the	69252
examination, in an amount authorized by the superintendent;	69253

(4) Design the examination for each type of license to	69254
determine an applicant's competence to operate the equipment for	69255
which the applicant is seeking licensure.	69256

(F) Each license issued under this chapter expires one year	69257
after the date of issue. Each person holding a valid, unexpired	69258
license may renew the license, without reexamination, by applying	69259
to the superintendent not more than ninety days before the	69260
expiration of the license, and submitting with the application the	69261
renewal fee established in section 4104.18 of the Revised Code.	69262
Upon receipt of the renewal information and fee, the	69263
superintendent shall issue the licensee a certificate of renewal.	69264

(G) The superintendent, in accordance with Chapter 119. of	69265
the Revised Code, may suspend or revoke any license, or may refuse	69266
to issue a license under this chapter upon finding that a licensee	69267
or an applicant for a license has violated or is violating the	69268
requirements of this chapter.	69269

Sec. 4104.21. On receipt of a notice pursuant to section	69270
3123.43 of the Revised Code, the superintendent of ~~industrial~~	69271
~~compliance~~labor shall comply with sections 3123.41 to 3123.50 of	69272
the Revised Code and any applicable rules adopted under section	69273
3123.63 of the Revised Code with respect to a certificate or	69274
license issued pursuant to this chapter.	69275

Sec. 4104.33. There is hereby created the historical boilers	69276
licensing board consisting of seven members, three of whom shall	69277
be appointed by the governor with the advice and consent of the	69278
senate. The governor shall make initial appointments to the board	69279
within ninety days after ~~the effective date of this section~~	69280
October 24, 2002. Of the initial members appointed by the	69281
governor, one shall be for a term ending three years after ~~the~~	69282
~~effective date of this section~~October 24, 2002, one shall be for	69283
a term ending four years after ~~the effective date of this section~~	69284
October 24, 2002, and one shall be for a term ending five years	69285
after ~~the effective date of this section~~October 24, 2002.	69286
Thereafter, terms of office shall be for five years, each term	69287
ending on the same day of the same month of the year as did the	69288
term that it succeeds. Of the three members the governor appoints,	69289
one member shall be an employee of the division of boiler	69290
inspection in the department of commerce; one member shall be an	69291
independent mechanical engineer who is not involved in selling or	69292
inspecting historical boilers; and one shall be an active member	69293
of an association that represents managers of fairs or festivals.	69294

Two members of the board shall be appointed by the president	69295
of the senate and two members of the board shall be appointed by	69296
the speaker of the house of representatives. The president and	69297
speaker shall make initial appointments to the board within ninety	69298
days after ~~the effective date of this section~~October 24, 2002. Of	69299
the initial members appointed by the president, one shall be for a	69300
term ending four years after ~~the effective date of this section~~	69301
October 24, 2002 and one shall be for a term ending five years	69302
after ~~the effective date of this section~~October 24, 2002. Of the	69303
initial members appointed by the speaker, one shall be for a term	69304
ending three years after ~~the effective date of this section~~	69305
October 24, 2002 and one shall be for a term ending five years	69306
after ~~the effective date of this section~~October 24, 2002.	69307
Thereafter, terms of office shall be for five years, each term	69308
ending on the same day of the same month of the year as did the	69309
term that it succeeds. Of the four members appointed by the	69310
president and speaker, each shall own a historical boiler and also	69311
have at least ten years of experience in the operation of	69312
historical boilers, and each of these four members shall reside in	69313
a different region of the state.	69314

Each member shall hold office from the date of the member's	69315
appointment until the end of the term for which the member was	69316
appointed. Members may be reappointed. Vacancies shall be filled	69317
in the manner provided for initial appointments. Any member	69318
appointed to fill a vacancy occurring prior to the expiration date	69319
of the term for which the member's predecessor was appointed shall	69320
hold office as a member for the remainder of that term. A member	69321
shall continue in office subsequent to the expiration date of the	69322
member's term until the successor takes office or until a period	69323
of sixty days has elapsed, whichever occurs first.	69324

The members of the board, annually, shall elect, by majority	69325
vote, a chairperson from among their members. The board shall meet	69326
at least once annually and at other times at the call of the	69327
chairperson. Board members shall receive their actual and	69328
necessary expenses incurred in the discharge of their duties as	69329
board members.	69330

The superintendent of ~~the division of industrial compliance~~	69331
labor shall furnish office space, staff, and supplies to the board	69332
as the superintendent determines are necessary for the board to	69333
carry out its official duties under sections 4104.33 to 4104.37 of	69334
the Revised Code.	69335

Sec. 4104.42. (A) The owner of any power piping or process	69336
piping system shall ensure that all of the following are performed	69337
in compliance with applicable sections of the B31 standards	69338
contained in the code for pressure piping, published by the	69339
American society of mechanical engineers:	69340

(1) The design, fabrication, assembly, installation, testing,	69341
examination, and inspection of power and process piping systems;	69342

(2) Qualification of personnel and qualification of welding	69343
and brazing procedures;	69344

(3) The implementation of an inspection program.

69345

(B) The owner of a power piping or process piping system	69346
shall do both of the following:	69347

(1) Maintain for five years complete records documenting the	69348
design, examination, and testing of the piping system that include	69349
all of the following:	69350

(a) The specific edition of the code for pressure piping used	69351
in the design;	69352

(b) The design assumptions;

69353

(c) The calculations, piping material specifications, and	69354
construction documents for the piping;	69355

(d) The records of piping alterations;

69356

(e) The piping examination and inspection records.

69357

(2) Disclose the types and quantities of flammable,	69358
combustible, or hazardous materials proposed to be used in the	69359
facility to the building and fire code enforcement authorities who	69360
have inspection authority to enable those authorities to determine	69361
compliance with the rules the board of building standards adopts	69362
pursuant to section 3781.10 of the Revised Code and the rules the	69363
state fire marshal adopts pursuant to section 3737.82 of the	69364
Revised Code.	69365

(C) No person or state agency shall require that the records	69366
described in division (B)(1) of this section be submitted to the	69367
division of ~~industrial compliance~~labor in the department of	69368
commerce or to a certified building department for approval.	69369

(D) Nothing in this section limits the application of	69370
Chapters 4703. and 4733. of the Revised Code.	69371

Sec. 4104.43. (A)(1) The board of building standards shall	69372
adopt rules establishing requirements for the design,	69373
installation, inspection of and design review procedure for	69374
building services piping.	69375

(2) The board of building standards shall adopt rules	69376
establishing requirements for the design, installation, inspection	69377
of and design review procedure for nonflammable medical gas,	69378
medical oxygen, and medical vacuum piping systems.	69379

(B) A municipal, township, or county building department	69380
certified under division (E) of section 3781.10 of the Revised	69381
Code shall enforce the rules the board adopts pursuant to division	69382
(A)(2) of this section if that building department requests and	69383
obtains special certification to enforce those rules.	69384

(C) In a health district where no municipal, township, or	69385
county building department is specially certified under division	69386
(B) of this section, an employee of the health district shall	69387
enforce the rules adopted pursuant to division (A)(2) of this	69388
section if both of the following conditions are satisfied:	69389

(1) The health district employee requests and obtains special	69390
certification by the board to enforce those rules.	69391

(2) The health district notifies the superintendent of the	69392
division of ~~industrial compliance~~labor in the department of	69393
commerce that the health district's specially certified employee	69394
shall enforce those rules.	69395

(D) In a jurisdiction where enforcement authority as	69396
described in divisions (B) and (C) of this section does not exist,	69397
the superintendent of ~~the division of industrial compliance~~labor	69398
shall enforce the rules the board adopts pursuant to division	69399
(A)(2) of this section.	69400

Sec. 4104.44. All welding and brazing of metallic piping	69401
systems shall be performed in accordance with section IX of the	69402
boiler and pressure vessel code, published by the American society	69403
of mechanical engineers. The owner shall maintain, at the job	69404
site, the certified performance qualification records of all	69405
welders and brazers employed at the facility. The owner shall	69406
submit copies of all certified welding and brazing procedure	69407
specifications, procedure qualification records, and performance	69408
qualification records for building services piping for review to	69409
the superintendent of ~~the division of industrial compliance~~labor	69410
in the department of commerce in accordance with rules the	69411
superintendent adopts. The submission shall be accompanied by the	69412
fee the superintendent establishes.	69413

Sec. 4104.48. (A) No person shall violate sections 4104.41	69414
to 4104.48 of the Revised Code, fail to perform any duty lawfully	69415
enjoined in connection with those sections, or fail to comply with	69416
any order issued by the superintendent of ~~the division of~~	69417
~~industrial compliance~~labor or any judgment or decree issued by	69418
any court in connection with the enforcement of sections 4104.41	69419
to 4104.48 of the Revised Code.	69420

(B) Every day during which a person violates sections 4104.41	69421
to 4104.48 of the Revised Code, fails to perform any duty lawfully	69422
enjoined in connection with those sections, or fails to comply	69423
with any order issued by the superintendent ~~of the division of~~	69424
~~industrial compliance~~ or any judgment or decree issued by any	69425
court in connection with the enforcement of sections 4104.41 to	69426
4104.48 of the Revised Code constitutes a separate offense.	69427

Sec. 4105.01. As used in this chapter:

69428

(A) "Elevator" means a hoisting and lowering apparatus	69429
equipped with a car, cage, or platform which moves on or between	69430
permanent rails or guides and serves two or more fixed landings in	69431
a building or structure to which section 3781.06 of the Revised	69432
Code applies. "Elevator" includes dumb-waiters other than	69433
hand-powered dumb-waiters, escalators, ~~manlifts~~peoplelifts,	69434
moving walks, of the endless belt type, other lifting or lowering	69435
apparatus permanently installed on or between rails or guides, and	69436
all equipment, machinery, and construction related to any	69437
elevator; but does not include construction hoists and other	69438
similar temporary lifting or lowering apparatuses, ski lifts,	69439
traveling, portable amusement rides or devices that are not	69440
affixed to a permanent foundation, or nonportable amusement rides	69441
or devices that are affixed to a permanent foundation.	69442

(B) "Passenger elevator" means an elevator that is designed	69443
to carry persons to its contract capacity.	69444

(C) "Freight elevator" means an elevator normally used for	69445
carrying freight and on which only the operator and employees in	69446
the pursuit of their duties, by the permission of the employer,	69447
are allowed to ride.	69448

(D) "Gravity elevator" means an elevator utilizing gravity to	69449
move.	69450

(E) "General inspector" means a state inspector examined and	69451
hired to inspect elevators and lifting apparatus for that state.	69452

(F) "Special inspector" means an inspector examined and	69453
commissioned by the superintendent of ~~the division of industrial~~	69454
~~compliance~~labor to inspect elevators and lifting apparatus in the	69455
state.	69456

(G) "Inspector" means either a general or special inspector.

69457

Sec. 4105.02. No person may act, either as a general	69458
inspector or as a special inspector, of elevators, unless hethe	69459
person holds a certificate of competency from the division of	69460
~~industrial compliance~~labor.	69461

Application for examination as an inspector of elevators	69462
shall be in writing, accompanied by a fee to be established as	69463
provided in section 4105.17 of the Revised Code, and upon a blank	69464
to be furnished by the division, stating the school education of	69465
the applicant, a list of ~~his~~the applicant's employers, ~~his~~the	69466
applicant's period of employment, and the position held with each.	69467
An applicant shall also submit a letter from one or more of ~~his~~	69468
the applicant's previous employers certifying as to ~~his~~the	69469
applicant's character and experience.	69470

Applications shall be rejected which contain any willful	69471
falsification or untruthful statements. An applicant, if the	69472
division considers ~~his~~the applicant's history and experience	69473
sufficient, shall be examined by the superintendent of ~~the~~	69474
~~division of industrial compliance~~labor by a written examination	69475
dealing with the construction, installation, operation,	69476
maintenance, and repair of elevators and their appurtenances, and	69477
the applicant shall be accepted or rejected on the merits of ~~his~~	69478
the applicant's application and examination.	69479

The superintendent shall issue a certificate of competency in	69480
the inspection of elevators to any applicant found competent upon	69481
examination. A rejected applicant shall be entitled, after the	69482
expiration of ninety days and upon payment of an examination fee	69483
to be established as provided in section 4105.17 of the Revised	69484
Code, to another examination. Should an applicant fail to pass the	69485
prescribed examination on second trial, hethe applicant will not	69486
be permitted to be an applicant for another examination for a	69487
period of one year after the second examination.	69488

Sec. 4105.03. The superintendent of ~~the division of~~	69489
~~industrial compliance~~labor, with the consent of the director of	69490
commerce, shall hire an assistant who has at least ten years of	69491
experience in the construction, installation, maintenance, and	69492
repair of elevators and their appurtenances.	69493

The superintendent, with the consent of the director of	69494
~~commerce~~, and in compliance with Chapter 124. of the Revised Code,	69495
may appoint and hire general inspectors of elevators from the	69496
holders of certificates of competency.	69497

Sec. 4105.04. From the holders of certificates of competency	69498
in the inspection of elevators, any company that is authorized to	69499
insure elevators in the state, may designate persons to inspect	69500
elevators covered by such company's policies, and the department	69501
of public safety of any city and the clerk of any village may	69502
designate persons to inspect elevators in such city or village.	69503
Such persons shall, upon the payment of a fee to be established as	69504
provided in section 4105.17 of the Revised Code, have issued to	69505
them annually by the division of ~~industrial compliance~~labor,	69506
commissions to serve as special inspectors of elevators in the	69507
state.	69508

Sec. 4105.05. A commission to serve as a special inspector	69509
may be suspended or revoked by the superintendent of ~~the division~~	69510
~~of industrial compliance~~labor, for the incompetence or	69511
untrustworthiness of the holder thereof, or for the falsification	69512
of any matter or statement contained in ~~his~~the holder's	69513
application or in a report of any inspection.	69514

Sec. 4105.06. If a certificate or commission issued under	69515
sections 4105.02 and 4105.04 of the Revised Code is lost or	69516
destroyed a new one shall be issued in its place by the division	69517
of ~~industrial compliance~~labor without another examination, upon	69518
the payment of a fee to be established as provided in section	69519
4105.07 of the Revised Code.	69520

Sec. 4105.09. The owner or user of any elevator shall	69521
register, with the division of ~~industrial compliance~~labor, every	69522
elevator operated by ~~him~~the owner or user, giving the type,	69523
capacity, and description, name of manufacturer, and purpose for	69524
which each is used. Such registration shall be made on a form to	69525
be furnished by the division.	69526

Sec. 4105.11. The inspection of elevators shall be made by	69527
the inspectors authorized in sections 4105.03 and 4105.04 of the	69528
Revised Code, under the supervision of the superintendent of ~~the~~	69529
~~division of industrial compliance~~labor, and the superintendent	69530
shall enforce this chapter and any rules adopted pursuant thereto.	69531

Every inspector shall forward to the superintendent a full	69532
and complete report of each inspection made of any elevator and	69533
shall, on the day the inspection is completed, leave a copy of	69534
such report with the owner or operator of the elevator, or ~~his~~the	69535
owner's or operator's agent or representative. Such report shall	69536
indicate the exact condition of the elevator and shall list any	69537
and all of the provisions of this chapter and any rules adopted	69538
pursuant thereto, with which the elevator does not comply. Before	69539
attempting to enforce, by any remedy, civil or criminal, the	69540
provisions with which the inspected elevator does not comply, the	69541
chief shall issue an adjudication order within the meaning of	69542
Chapter 119. of the Revised Code.	69543

The approval of construction plans, or an application of	69544
specifications under section 4105.16 of the Revised Code is a	69545
license, and the failure to approve such plans or specifications	69546
by the chief within sixty days after they are filed is an	69547
adjudication order denying the issuance of a license.	69548

Every adjudication order shall specify what appliances, site	69549
preparations, additions, repairs, or alterations to any elevators,	69550
plans, materials, assemblages, or procedures are necessary for the	69551
same to comply with this chapter, or any rules adopted pursuant	69552
thereto. Such adjudication order shall be issued pursuant to	69553
Chapter 119. of the Revised Code and shall be effective without	69554
prior hearing, within thirty days after the receipt of such order,	69555
the owner of the elevator specified therein may appeal to the	69556
board of building appeals under section 3781.19 of the Revised	69557
Code.	69558

Notwithstanding the provisions of Chapter 119. of the Revised	69559
Code relating to adjudication hearings, a stenographic or	69560
mechanical record of the testimony and other evidence submitted	69561
before the board of building appeals shall be taken at the expense	69562
of the agency. A party adversely affected by an order issued	69563
following such adjudication hearing may appeal to the court of	69564
common pleas of the county in which hethe party is a resident or	69565
in which the elevator affected by such order is located. The court	69566
in such case shall not be confined to the record as certified to	69567
it by the agency, but any party may produce additional evidence	69568
and the court shall hear the matter upon such record and such	69569
additional evidence as is introduced by any party. The court shall	69570
not affirm the order of the agency unless the preponderance of the	69571
evidence before it supports the reasonableness and lawfulness of	69572
such order, and of any rules upon which the order of the agency is	69573
based in its application to the facts involved in the appeal.	69574

Failure to comply with the requirements of any order issued	69575
pursuant to this section or the continued operation of any	69576
elevator after it has been sealed pursuant to section 4105.21 of	69577
the Revised Code is hereby declared a public nuisance.	69578

Sec. 4105.12. (A) The superintendent of ~~the division of~~	69579
~~industrial compliance~~labor shall adopt, amend, and repeal rules	69580
exclusively for the issuance, renewal, suspension, and revocation	69581
of certificates of competency and certificates of operation, for	69582
the conduct of hearings related to these actions, and for the	69583
inspection of elevators.	69584

(B) Notwithstanding division (A) of this section, the	69585
superintendent shall not adopt rules relating to construction,	69586
maintenance, and repair of elevators.	69587

Sec. 4105.13. Every elevator shall be constructed, equipped,	69588
maintained, and operated, with respect to the supporting members,	69589
elevator car, shaftways, guides, cables, doors, and gates, safety	69590
stops and mechanism, electrical apparatus and wiring, mechanical	69591
apparatus, counterweights, and all other appurtenances, in	69592
accordance with state laws and rules as are authorized in respect	69593
thereto. Where reasonable safety is obtained without complying to	69594
the literal requirements of such rules as in cases of practical	69595
difficulty or unnecessary hardship, the literal requirements of	69596
such rules shall not be required. The superintendent of ~~the~~	69597
~~division of industrial compliance~~labor may permit the	69598
installation of vertical wheelchair lifts in public buildings to	69599
provide for handicapped accessibility where such lifts do not meet	69600
the literal requirements of the rules adopted by the board of	69601
building standards pursuant to section 4105.011 of the Revised	69602
Code, provided that reasonable safety may be obtained.	69603

Sec. 4105.15. No certificate of operation for any elevator	69604
shall be issued by the director of commerce until such elevator	69605
has been inspected as required by this chapter. Certificates of	69606
operation shall be renewed by the owner or user of the elevator in	69607
accordance with rules adopted by the superintendent of ~~the~~	69608
~~division of industrial compliance~~labor pursuant to section	69609
4105.12 of the Revised Code.	69610

Sec. 4105.16. Before any new installation of an elevator of	69611
permanent nature is erected or before any existing elevator is	69612
removed to and installed in a different location, an application	69613
of specifications in duplicate shall be submitted to the division	69614
of ~~industrial compliance~~labor giving such information concerning	69615
the construction, installation, and operation of said elevator as	69616
the division may require on forms to be furnished by the division,	69617
together with complete construction plans in duplicate. In all	69618
cases where any changes or repairs are made which alter its	69619
construction of classification, grade or rated lifting capacity,	69620
except when made pursuant to a report of an inspector, an	69621
application of specifications in duplicate shall be submitted to	69622
the division, containing such information, or approval, except in	69623
those municipal corporations which maintain their own elevator	69624
inspection departments, in which event such specifications shall	69625
be submitted to the elevator department of the municipal	69626
corporation for its approval, and if approved, a permit for the	69627
erection or repair of such elevator shall be issued by the	69628
municipal corporation. Upon approval of such application and	69629
construction plans, the superintendent of ~~industrial compliance~~	69630
labor shall issue a permit for the erection or repair of such	69631
elevator. No new elevator shall be operated until completion in	69632
accordance with the approved plans and specifications, unless a	69633
temporary permit is granted by the division.	69634

The final inspection, before operation, of a permanent, new	69635
or repaired elevator shall be made by a general inspector or a	69636
special inspector designated by the superintendent.	69637

Sec. 4105.17. (A) The fee for each inspection, or attempted	69638
inspection that, due to no fault of a general inspector or the	69639
division of ~~industrial compliance~~labor, is not successfully	69640
completed, by a general inspector before the operation of a	69641
permanent new elevator prior to the issuance of a certificate of	69642
operation, before operation of an elevator being put back into	69643
service after a repair or after an adjudication under section	69644
4105.11 of the Revised Code, or as a result of the operation of	69645
section 4105.08 of the Revised Code and is an elevator required	69646
to be inspected under this chapter is one hundred twenty dollars	69647
plus ten dollars for each floor where the elevator stops. The	69648
superintendent of ~~industrial compliance~~labor may assess an	69649
additional fee of one hundred ~~twenty-five~~twenty dollars plus ~~five~~	69650
ten dollars for each floor where an elevator stops for the	69651
reinspection of an elevator when a previous attempt to inspect	69652
that elevator has been unsuccessful through no fault of a general	69653
inspector or the division ~~of industrial compliance~~.	69654

(B) The fee for each inspection, or attempted inspection,	69655
that due to no fault of the general inspector or the division of	69656
~~industrial compliance,~~ is not successfully completed by a general	69657
inspector before operation of a permanent new escalator or moving	69658
walk prior to the issuance of a certificate of operation, before	69659
operation of an escalator or moving walk being put back in service	69660
after a repair, or as a result of the operation of section 4105.08	69661
of the Revised Code is three hundred dollars. The superintendent	69662
~~of the division of industrial compliance~~ may assess an additional	69663
fee of one hundred fifty dollars for the reinspection of an	69664
escalator or moving walk when a previous attempt to inspect that	69665
escalator or moving walk has been unsuccessful through no fault of	69666
the general inspector or the division ~~of industrial compliance~~.	69667

(C) The fee for issuing or renewing a certificate of	69668
operation under section 4105.15 of the Revised Code for an	69669
elevator that is inspected every six months in accordance with	69670
division (A) of section 4105.10 of the Revised Code is two hundred	69671
twenty dollars plus ~~ten~~twelve dollars for each floor where the	69672
elevator stops, except where the elevator has been inspected by a	69673
special inspector in accordance with section 4105.07 of the	69674
Revised Code.	69675

(D) The fee for issuing or renewing a certificate of	69676
operation under section 4105.05 of the Revised Code for an	69677
elevator that is inspected every twelve months in accordance with	69678
division (A) of section 4105.10 of the Revised Code is fifty-five	69679
dollars plus ten dollars for each floor where the elevator stops,	69680
except where the elevator has been inspected by a special	69681
inspector in accordance with section 4105.07 of the Revised Code.	69682

(E) The fee for issuing or renewing a certificate of	69683
operation under section 4105.15 of the Revised Code for an	69684
escalator or moving walk is three hundred dollars, except where	69685
the escalator or moving walk has been inspected by a special	69686
inspector in accordance section 4105.07 of the Revised Code.	69687

(F) All other fees to be charged for any examination given or	69688
other service performed by the division ~~of industrial compliance~~	69689
pursuant to this chapter shall be prescribed by the director of	69690
commerce. The fees shall be reasonably related to the costs of	69691
such examination or other service.	69692

(G) The director ~~of commerce~~, subject to the approval of the	69693
controlling board, may establish fees in excess of the fees	69694
provided in divisions (A), (B), (C), (D), and (E) of this section.	69695
Any moneys collected under this section shall be paid into the	69696
state treasury to the credit of the ~~industrial compliance~~labor	69697
operating fund created in section 121.084 of the Revised Code.	69698

(H) Any person who fails to pay an inspection fee required	69699
for any inspection conducted by the division pursuant to this	69700
chapter within forty-five days after the inspection is conducted	69701
shall pay a late payment fee equal to twenty-five per cent of the	69702
inspection fee.	69703

(I) In addition to the fees assessed in divisions (A), (B),	69704
(C), (D), and (E) of this section, the board of building standards	69705
shall assess a fee of three dollars and twenty-five cents for each	69706
certificate of operation or renewal thereof issued under	69707
divisions (A), (B), (C), (D), or (E) of this section and for each	69708
permit issued under section 4105.16 of the Revised Code. The	69709
board shall adopt rules, in accordance with Chapter 119. of the	69710
Revised Code, specifying the manner by which the superintendent	69711
~~of industrial compliance~~ shall collect and remit to the board the	69712
fees assessed under this division and requiring that remittance	69713
of the fees be made at least quarterly.	69714

(J) For purposes of this section:

69715

(1) "Escalator" means a power driven, inclined, continuous	69716
stairway used for raising or lowering passengers.	69717

(2) "Moving walk" means a passenger carrying device on which	69718
passengers stand or walk, with a passenger carrying surface that	69719
is uninterrupted and remains parallel to its direction of motion.	69720

Sec. 4105.191. Any person owning or operating any elevator	69721
subject to this chapter shall file a written report with the	69722
superintendent of ~~the division of industrial compliance~~labor	69723
within seventy-two hours after the occurrence of any accident	69724
involving such elevator which results in death or bodily injury to	69725
any person.	69726

Sec. 4105.20. No person shall violate any law relative to	69727
the operation, construction, maintenance, and repair of elevators.	69728
All fines collected for violation of this section shall be	69729
forwarded to the superintendent of ~~the division of industrial~~	69730
~~compliance~~labor, who shall pay them into the state treasury to	69731
the credit of the ~~industrial compliance~~labor operating fund	69732
created in section 121.084 of the Revised Code.	69733

Sec. 4105.21. The superintendent of ~~the division of~~	69734
~~industrial compliance~~labor shall enforce this chapter. If the	69735
superintendent or a general inspector of elevators finds that an	69736
elevator or a part thereof does not afford reasonable safety as	69737
required by section 4105.13 of the Revised Code, the	69738
superintendent or the general inspector may seal such elevator and	69739
post a notice thereon prohibiting further use of the elevator	69740
until the changes or alterations set forth in the notice have been	69741
made to the satisfaction of the superintendent or the inspector.	69742
The notice shall contain a statement that operators or passengers	69743
are subject to injury by its continued use, a description of the	69744
alteration or other change necessary to be made in order to secure	69745
safety of operation, date of such notice, name and signature of	69746
the superintendent or inspector issuing the notice.	69747

Sec. 4112.01. (A) As used in this chapter:

69748

(1) "Person" includes one or more individuals, partnerships,	69749
associations, organizations, corporations, legal representatives,	69750
trustees, trustees in bankruptcy, receivers, and other organized	69751
groups of persons. "Person" also includes, but is not limited to,	69752
any owner, lessor, assignor, builder, manager, broker,	69753
salesperson, appraiser, agent, employee, lending institution, and	69754
the state and all political subdivisions, authorities, agencies,	69755
boards, and commissions of the state.	69756

(2) "Employer" includes the state, any political subdivision	69757
of the state, any person employing four or more persons within the	69758
state, and any person acting directly or indirectly in the	69759
interest of an employer.	69760

(3) "Employee" means an individual employed by any employer	69761
but does not include any individual employed in the domestic	69762
service of any person.	69763

(4) "Labor organization" includes any organization that	69764
exists, in whole or in part, for the purpose of collective	69765
bargaining or of dealing with employers concerning grievances,	69766
terms or conditions of employment, or other mutual aid or	69767
protection in relation to employment.	69768

(5) "Employment agency" includes any person regularly	69769
undertaking, with or without compensation, to procure	69770
opportunities to work or to procure, recruit, refer, or place	69771
employees.	69772

(6) "Commission" means the Ohio civil rights commission	69773
created by section 4112.03 of the Revised Code.	69774

(7) "Discriminate" includes segregate or separate.

69775

(8) "Unlawful discriminatory practice" means any act	69776
prohibited by section 4112.02, 4112.021, or 4112.022 of the	69777
Revised Code.	69778

(9) "Place of public accommodation" means any inn,	69779
restaurant, eating house, barbershop, public conveyance by air,	69780
land, or water, theater, store, other place for the sale of	69781
merchandise, or any other place of public accommodation or	69782
amusement of which the accommodations, advantages, facilities, or	69783
privileges are available to the public.	69784

(10) "Housing accommodations" includes any building or	69785
structure, or portion of a building or structure, that is used or	69786
occupied or is intended, arranged, or designed to be used or	69787
occupied as the home residence, dwelling, dwelling unit, or	69788
sleeping place of one or more individuals, groups, or families	69789
whether or not living independently of each other; and any vacant	69790
land offered for sale or lease. "Housing accommodations" also	69791
includes any housing accommodations held or offered for sale or	69792
rent by a real estate broker, salesperson, or agent, by any other	69793
person pursuant to authorization of the owner, by the owner, or by	69794
the owner's legal representative.	69795

(11) "Restrictive covenant" means any specification limiting	69796
the transfer, rental, lease, or other use of any housing	69797
accommodations because of race, color, religion, sex, military	69798
status, familial status, national origin, disability, or ancestry,	69799
or any limitation based upon affiliation with or approval by any	69800
person, directly or indirectly, employing race, color, religion,	69801
sex, military status, familial status, national origin,	69802
disability, or ancestry as a condition of affiliation or approval.	69803

(12) "Burial lot" means any lot for the burial of deceased	69804
persons within any public burial ground or cemetery, including,	69805
but not limited to, cemeteries owned and operated by municipal	69806
corporations, townships, or companies or associations incorporated	69807
for cemetery purposes.	69808

(13) "Disability" means a physical or mental impairment that	69809
substantially limits one or more major life activities, including	69810
the functions of caring for one's self, performing manual tasks,	69811
walking, seeing, hearing, speaking, breathing, learning, and	69812
working; a record of a physical or mental impairment; or being	69813
regarded as having a physical or mental impairment.	69814

(14) Except as otherwise provided in section 4112.021 of the	69815
Revised Code, "age" means at least forty years old.	69816

(15) "Familial status" means either of the following:

69817

(a) One or more individuals who are under eighteen years of	69818
age and who are domiciled with a parent or guardian having legal	69819
custody of the individual or domiciled, with the written	69820
permission of the parent or guardian having legal custody, with a	69821
designee of the parent or guardian;	69822

(b) Any person who is pregnant or in the process of securing	69823
legal custody of any individual who is under eighteen years of	69824
age.	69825

(16)(a) Except as provided in division (A)(16)(b) of this	69826
section, "physical or mental impairment" includes any of the	69827
following:	69828

(i) Any physiological disorder or condition, cosmetic	69829
disfigurement, or anatomical loss affecting one or more of the	69830
following body systems: neurological; musculoskeletal; special	69831
sense organs; respiratory, including speech organs;	69832
cardiovascular; reproductive; digestive; genito-urinary; hemic and	69833
lymphatic; skin; and endocrine;	69834

(ii) Any mental or psychological disorder, including, but not	69835
limited to, mental retardation, organic brain syndrome, emotional	69836
or mental illness, and specific learning disabilities;	69837

(iii) Diseases and conditions, including, but not limited to,	69838
orthopedic, visual, speech, and hearing impairments, cerebral	69839
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	69840
cancer, heart disease, diabetes, human immunodeficiency virus	69841
infection, mental retardation, emotional illness, drug addiction,	69842
and alcoholism.	69843

(b) "Physical or mental impairment" does not include any of	69844
the following:	69845

(i) Homosexuality and bisexuality;

69846

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	69847
voyeurism, gender identity disorders not resulting from physical	69848
impairments, or other sexual behavior disorders;	69849

(iii) Compulsive gambling, kleptomania, or pyromania;

69850

(iv) Psychoactive substance use disorders resulting from the	69851
current illegal use of a controlled substance or the current use	69852
of alcoholic beverages.	69853

(17) "Dwelling unit" means a single unit of residence for a	69854
family of one or more persons.	69855

(18) "Common use areas" means rooms, spaces, or elements	69856
inside or outside a building that are made available for the use	69857
of residents of the building or their guests, and includes, but is	69858
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	69859
rooms, mail rooms, recreational areas, and passageways among and	69860
between buildings.	69861

(19) "Public use areas" means interior or exterior rooms or	69862
spaces of a privately or publicly owned building that are made	69863
available to the general public.	69864

(20) "Controlled substance" has the same meaning as in	69865
section 3719.01 of the Revised Code.	69866

(21) "Disabled tenant" means a tenant or prospective tenant	69867
who is a person with a disability.	69868

(22) "Military status" means a person's status in "service in	69869
the uniformed services" as defined in section 5923.05 of the	69870
Revised Code.	69871

(23) "Aggrieved person" means both of the following:

69872

(a) Any person who claims to have been injured by, or who	69873
believes that the person will be injured by, any unlawful	69874
discriminatory practice described in division (H) of section	69875
4112.02 of the Revised Code;	69876

(b) Any individual, fair housing enforcement organization as	69877
defined in 42 U.S.C. 3616a, other private nonprofit fair housing	69878
enforcement organization, or nonprofit group performing	69879
investigations and enforcement activities designed to identify,	69880
eliminate, and remedy the unlawful discriminatory practices	69881
described in division (H) of section 4112.02 of the Revised Code.	69882

(B) For the purposes of divisions (A) to (F) of section	69883
4112.02 of the Revised Code, the terms "because of sex" and "on	69884
the basis of sex" include, but are not limited to, because of or	69885
on the basis of pregnancy, any illness arising out of and	69886
occurring during the course of a pregnancy, childbirth, or related	69887
medical conditions. Women affected by pregnancy, childbirth, or	69888
related medical conditions shall be treated the same for all	69889
employment-related purposes, including receipt of benefits under	69890
fringe benefit programs, as other persons not so affected but	69891
similar in their ability or inability to work, and nothing in	69892
division (B) of section 4111.17 of the Revised Code shall be	69893
interpreted to permit otherwise. This division shall not be	69894
construed to require an employer to pay for health insurance	69895
benefits for abortion, except where the life of the mother would	69896
be endangered if the fetus were carried to term or except where	69897
medical complications have arisen from the abortion, provided that	69898
nothing in this division precludes an employer from providing	69899
abortion benefits or otherwise affects bargaining agreements in	69900
regard to abortion.	69901

Sec. 4112.04. (A) The commission shall do all of the	69902
following:	69903

(1) Establish and maintain a principal office in the city of	69904
Columbus and any other offices within the state that it considers	69905
necessary;	69906

(2) Appoint an executive director who shall serve at the	69907
pleasure of the commission and be its principal administrative	69908
officer. The executive director shall be paid a salary fixed	69909
pursuant to Chapter 124. of the Revised Code.	69910

(3) Appoint hearing examiners and other employees and agents	69911
who it considers necessary and prescribe their duties subject to	69912
Chapter 124. of the Revised Code;	69913

(4) Adopt, promulgate, amend, and rescind rules to effectuate	69914
the provisions of this chapter and the policies and practice of	69915
the commission in connection with this chapter;	69916

(5) Formulate policies to effectuate the purposes of this	69917
chapter and make recommendations to agencies and officers of the	69918
state or political subdivisions to effectuate the policies;	69919

(6) Receive, investigate, and pass upon written charges made	69920
under oath of unlawful discriminatory practices;	69921

(7) Make periodic surveys of the existence and effect of	69922
discrimination because of race, color, religion, sex, military	69923
status, familial status, national origin, disability, age, or	69924
ancestry on the enjoyment of civil rights by persons within the	69925
state;	69926

(8) Report, from time to time, but not less than once a year,	69927
to the general assembly and the governor, describing in detail the	69928
investigations, proceedings, and hearings it has conducted and	69929
their outcome, the decisions it has rendered, and the other work	69930
performed by it, which report shall include a copy of any surveys	69931
prepared pursuant to division (A)(7) of this section and shall	69932
include the recommendations of the commission as to legislative or	69933
other remedial action;	69934

(9) Prepare a comprehensive educational program, in	69935
cooperation with the department of education, for the students of	69936
the public schools of this state and for all other residents of	69937
this state that is designed to eliminate prejudice on the basis of	69938
race, color, religion, sex, military status, familial status,	69939
national origin, disability, age, or ancestry in this state, to	69940
further good will among those groups, and to emphasize the origin	69941
of prejudice against those groups, its harmful effects, and its	69942
incompatibility with American principles of equality and fair	69943
play;	69944

(10) Receive progress reports from agencies,	69945
instrumentalities, institutions, boards, commissions, and other	69946
entities of this state or any of its political subdivisions and	69947
their agencies, instrumentalities, institutions, boards,	69948
commissions, and other entities regarding affirmative action	69949
programs for the employment of persons against whom discrimination	69950
is prohibited by this chapter, or regarding any affirmative	69951
housing accommodations programs developed to eliminate or reduce	69952
an imbalance of race, color, religion, sex, military status,	69953
familial status, national origin, disability, or ancestry. All	69954
agencies, instrumentalities, institutions, boards, commissions,	69955
and other entities of this state or its political subdivisions,	69956
and all political subdivisions, that have undertaken affirmative	69957
action programs pursuant to a conciliation agreement with the	69958
commission, an executive order of the governor, any federal	69959
statute or rule, or an executive order of the president of the	69960
United States shall file progress reports with the commission	69961
annually on or before the first day of November. The commission	69962
shall analyze and evaluate the progress reports and report its	69963
findings annually to the general assembly on or before the	69964
thirtieth day of January of the year immediately following the	69965
receipt of the reports.	69966

(B) The commission may do any of the following:

69967

(1) Meet and function at any place within the state;

69968

(2) Initiate and undertake on its own motion investigations	69969
of problems of employment or housing accommodations	69970
discrimination;	69971

(3) Hold hearings, subpoena witnesses, compel their	69972
attendance, administer oaths, take the testimony of any person	69973
under oath, require the production for examination of any books	69974
and papers relating to any matter under investigation or in	69975
question before the commission, and make rules as to the issuance	69976
of subpoenas by individual commissioners.	69977

(a) In conducting a hearing or investigation, the commission	69978
shall have access at all reasonable times to premises, records,	69979
documents, individuals, and other evidence or possible sources of	69980
evidence and may examine, record, and copy the premises, records,	69981
documents, and other evidence or possible sources of evidence and	69982
take and record the testimony or statements of the individuals as	69983
reasonably necessary for the furtherance of the hearing or	69984
investigation. In investigations, the commission shall comply with	69985
the fourth amendment to the United States Constitution relating to	69986
unreasonable searches and seizures. The commission or a member of	69987
the commission may issue subpoenas to compel access to or the	69988
production of premises, records, documents, and other evidence or	69989
possible sources of evidence or the appearance of individuals, and	69990
may issue interrogatories to a respondent, to the same extent and	69991
subject to the same limitations as would apply if the subpoenas or	69992
interrogatories were issued or served in aid of a civil action in	69993
a court of common pleas.	69994

(b) Upon written application by a ~~respondent~~party to a	69995
hearing under division (B) of section 4112.05 of the Revised Code,	69996
the commission shall issue subpoenas in its name to the same	69997
extent and subject to the same limitations as subpoenas issued by	69998
the commission. Subpoenas issued at the request of a ~~respondent~~	69999
party shall show on their face the name and address of the	70000
~~respondent~~party and shall state that they were issued at the	70001
~~respondent's~~party's request.	70002

(c) Witnesses summoned by subpoena of the commission are	70003
entitled to the witness and mileage fees provided for under	70004
section 119.094 of the Revised Code.	70005

(d) Within five days after service of a subpoena upon any	70006
person, the person may petition the commission to revoke or modify	70007
the subpoena. The commission shall grant the petition if it finds	70008
that the subpoena requires an appearance or attendance at an	70009
unreasonable time or place, that it requires production of	70010
evidence that does not relate to any matter before the commission,	70011
that it does not describe with sufficient particularity the	70012
evidence to be produced, that compliance would be unduly onerous,	70013
or for other good reason.	70014

(e) In case of contumacy or refusal to obey a subpoena, the	70015
commission or person at whose request it was issued may petition	70016
for its enforcement in the court of common pleas in the county in	70017
which the person to whom the subpoena was addressed resides, was	70018
served, or transacts business.	70019

(4) Create local or statewide advisory agencies and	70020
conciliation councils to aid in effectuating the purposes of this	70021
chapter. The commission may itself, or it may empower these	70022
agencies and councils to, do either or both of the following:	70023

(a) Study the problems of discrimination in all or specific	70024
fields of human relationships when based on race, color, religion,	70025
sex, military status, familial status, national origin,	70026
disability, age, or ancestry;	70027

(b) Foster through community effort, or otherwise, good will	70028
among the groups and elements of the population of the state.	70029

The agencies and councils may make recommendations to the	70030
commission for the development of policies and procedures in	70031
general. They shall be composed of representative citizens who	70032
shall serve without pay, except that reimbursement for actual and	70033
necessary traveling expenses shall be made to citizens who serve	70034
on a statewide agency or council.	70035

(5) Issue any publications and the results of investigations	70036
and research that in its judgment will tend to promote good will	70037
and minimize or eliminate discrimination because of race, color,	70038
religion, sex, military status, familial status, national origin,	70039
disability, age, or ancestry.	70040

Sec. 4112.051. (A)(1) Aggrieved persons may enforce the	70041
rights granted by division (H) of section 4112.02 of the Revised	70042
Code by filing a civil action in the court of common pleas of the	70043
county in which the alleged unlawful discriminatory practice	70044
occurred within one year after it allegedly occurred. Upon	70045
application by an aggrieved person, upon a proper showing, and	70046
under circumstances that it considers just, a court of common	70047
pleas may appoint an attorney for the aggrieved person and	70048
authorize the commencement of a civil action under this division	70049
without the payment of costs.	70050

Each party to a civil action under this division has the	70051
right to a jury trial of the action. To assert the right, a party	70052
shall demand a jury trial in the manner prescribed in the Rules of	70053
Civil Procedure. If a party demands a jury trial in that manner,	70054
the civil action shall be tried to a jury.	70055

(2)(a) If a complaint is issued by the commission under	70056
division (B)(5) of section 4112.05 of the Revised Code for one or	70057
more alleged unlawful discriminatory practices described in	70058
division (H) of section 4112.02 of the Revised Code, the	70059
complainant, any aggrieved person on whose behalf the complaint is	70060
issued, or the respondent may elect, following receipt of the	70061
relevant notice described in division (B)(5) of section 4112.05 of	70062
the Revised Code, to proceed with the administrative hearing	70063
process under that section or to have the alleged unlawful	70064
discriminatory practices covered by the complaint addressed in a	70065
civil action commenced in accordance with divisions (A)(1) and	70066
(2)(b) of this section. An election to have the alleged unlawful	70067
discriminatory practices so addressed shall be made in a writing	70068
that is sent by certified mail, return receipt requested, to the	70069
commission, to the civil rights section of the office of the	70070
attorney general, and to the other parties to the pending	70071
administrative process within thirty days after the electing	70072
complainant, aggrieved person, or respondent received the relevant	70073
notice described in division (B)(5) of section 4112.05 of the	70074
Revised Code.	70075

(b) Upon receipt of a timely mailed election to have the	70076
alleged unlawful discriminatory practices addressed in a civil	70077
action, the commission shall authorize the office of the attorney	70078
general to commence and maintain the civil action in the court of	70079
common pleas of the county in which the alleged unlawful	70080
discriminatory practices occurred. Notwithstanding the period of	70081
limitations specified in division (A)(1) of this section, the	70082
office of the attorney general shall commence the civil action	70083
within thirty days after the receipt of the commission's	70084
authorization to commence the civil action.	70085

(c) Upon commencement of the civil action in accordance with	70086
division (A)(2)(b) of this section, the commission shall prepare	70087
an order dismissing the complaint in the pending administrative	70088
matter and serve a copy of the order upon the complainant, each	70089
aggrieved person on whose behalf the complaint was issued, and the	70090
respondent.	70091

(d) If an election to have the alleged unlawful	70092
discriminatory practices addressed in a civil action is not filed	70093
in accordance with division (A)(2)(a) of this section, the	70094
commission shall continue with the administrative hearing process	70095
described in section 4112.05 of the Revised Code.	70096

(e) With respect to the issues to be determined in a civil	70097
action commenced in accordance with division (A)(2)(b) of this	70098
section, the complainant and any aggrieved person may intervene as	70099
a matter of right in that civil action.	70100

(B) If the court or the jury in a civil action under this	70101
section finds that a violation of division (H) of section 4112.02	70102
of the Revised Code is about to occur, the court may order any	70103
affirmative action it considers appropriate, including a permanent	70104
or ~~termporary~~temporary injunction or temporary restraining order.	70105

(C) Any sale, encumbrance, or rental consummated prior to the	70106
issuance of any court order under the authority of this section	70107
and involving a bona fide purchaser, encumbrancer, or tenant	70108
without actual notice of the existence of a charge under division	70109
(H) of section 4112.02 of the Revised Code or a civil action under	70110
this section is not affected by the court order.	70111

(D) If the court or the jury in a civil action under this	70112
section finds that a violation of division (H) of section 4112.02	70113
of the Revised Code has occurred, the court shall award to the	70114
plaintiff or to the complainant or aggrieved person on whose	70115
behalf the office of the attorney general commenced or maintained	70116
the civil action, whichever is applicable, actual damages,	70117
reasonable attorney's fees, court costs incurred in the	70118
prosecution of the action, expert witness fees, and other	70119
litigation expenses, and may grant other relief that it considers	70120
appropriate, including a permanent or temporary injunction, a	70121
temporary restraining order, or other order and punitive damages.	70122

(E) Any civil action brought under this section shall be	70123
heard and determined as expeditiously as possible.	70124

(F) The court in a civil action under this section shall	70125
notify the commission of any finding pertaining to discriminatory	70126
housing practices within fifteen days after the entry of the	70127
finding.	70128

Sec. 4112.052. (A) Whenever the Ohio civil rights commission	70129
has reasonable cause to believe that any person or persons are	70130
engaged in a pattern or practice of resistance to a person or	70131
persons' full enjoyment of the rights granted by division (H) of	70132
section 4112.02 of the Revised Code, or that any group of persons	70133
has been denied any of the rights granted by that division and the	70134
denial raises an issue of public importance, the commission may	70135
refer the matter to the attorney general for commencement of a	70136
civil action in a court of common pleas. ~~The attorney general may~~	70137
~~seek any preventive relief considered necessary to ensure the full~~	70138
~~enjoyment of the rights granted by that division, including a~~	70139
~~permanent or temporary injunction or temporary restraining order.~~	70140

(B) Whenever a person breaches a conciliation agreement that	70141
the person entered into with the Ohio civil rights commission, the	70142
civil rights commission may refer the matter to the attorney	70143
general for commencement of a civil action in a court of common	70144
pleas.	70145

(C) In any action the attorney general brings pursuant to	70146
this section, the court may do any of the following:	70147

(1) Award preventative relief, including a permanent or	70148
temporary injunction, restraining order, or other order the court	70149
considers appropriate to assure the full enjoyment of the rights	70150
granted by division (H) of section 4112.02 of the Revised Code. No	70151
statute of limitation shall apply to such an award.	70152

(2) Award actual and punitive damages and other relief that	70153
the court considers appropriate;	70154

(3) Assess a penalty not to exceed fifty thousand dollars for	70155
a first violation or one hundred thousand dollars for any	70156
subsequent violation.	70157

(D)(1) Any person may intervene upon a timely application in	70158
a civil action the attorney general commences pursuant to this	70159
section when that action involves either of the following:	70160

(a) An alleged discriminatory housing practice with respect	70161
to which the person is an aggrieved person;	70162

(b) The breach of a conciliation agreement to which the	70163
person is a party.	70164

(2) The court may grant relief to an intervening party as the	70165
court considers appropriate and as section 4112.051 of the Revised	70166
Code authorizes to be granted in a civil action.	70167

(E) Nothing in this section limits any right or remedy that a	70168
person otherwise is entitled to under law.	70169

Sec. 4113.11. (A) As specified in division (B) of this	70170
section, all employers that employ ten or more employees shall	70171
adopt and maintain a cafeteria plan that allows the employer's	70172
employees to pay for health insurance coverage by a salary	70173
reduction arrangement as permitted under section 125 of the	70174
Internal Revenue Code.	70175

(B) Employers shall comply with the requirements of division	70176
(A) of this section as follows:	70177

(1) For employers that employ more than five hundred	70178
employees, by not later than January 1, 2011, or six months after	70179
the superintendent of insurance adopts rules as required by	70180
division (D) of this section, whichever is later.	70181

(2) For employers that employ one hundred fifty to five	70182
hundred employees, by not later than July 1, 2011, or twelve	70183
months after the superintendent adopts rules as required by	70184
division (D) of this section, whichever is later.	70185

(3) For employers that employ ten to one hundred forty-nine	70186
employees, by not later than January 1, 2012, or eighteen months	70187
after the superintendent adopts rules as required by division (D)	70188
of this section, whichever is later.	70189

(C) The health care coverage and quality council created	70190
under section 3923.90 of the Revised Code shall make	70191
recommendations to the superintendent for both of the following:	70192

(1) Development of strategies to educate, assist, and conduct	70193
outreach to employers to simplify administrative processes with	70194
respect to creating and maintaining cafeteria plans, including,	70195
but not limited to, providing employers with model cafeteria plan	70196
documents and technical assistance on creating and maintaining	70197
cafeteria plans that conform with state and federal law; and	70198

(2) Development strategies to educate, assist, and conduct	70199
outreach to employees with respect to finding, selecting, and	70200
purchasing a health insurance plan to be paid for through their	70201
employer's cafeteria plan under this section.	70202

(D) The superintendent shall adopt rules in accordance with	70203
Chapter 119. of the Revised Code to implement and enforce this	70204
section, including the strategies recommended by the council	70205
pursuant to division (C) of this section.	70206

(E) As used in this section:

70207

(1) "Cafeteria plan" has the same meaning as in section 125	70208
of the Internal Revenue Code.	70209

(2) "Employer" has the same meaning as in section 4113.51 of	70210
the Revised Code.	70211

(3) "Employee" means an individual employed for consideration	70212
who works twenty-five or more hours per week or who renders any	70213
other standard of service generally accepted by custom or	70214
specified by contract as full-time employment.	70215

Sec. 4113.81. For purposes of sections 4113.81, 4113.82,	70216
4113.83, 4113.84, 4113.85, and 4113.86 of the Revised Code:	70217

(A) "Appropriate unit" means independent child care providers	70218
or independent home care providers, whichever is the subject of	70219
the bargaining activity.	70220

(B) "Independent child care provider" means a child care	70221
provider categorized under the Revised Code as either a Type A	70222
licensed provider who does not meet the definition of employee	70223
under the National Labor Relations Act, or a Type B certified or	70224
licensed provider or an in-home aide who is not a county or state	70225
employee. The terms in this division have the same meaning as the	70226
terms defined in Chapter 5104. of the Revised Code.	70227

(C)(1) "Independent home care provider" means any person who	70228
meets either of the following criteria:	70229

(a) The person provides home services under a medicaid waiver	70230
component as described in section 5111.851 or 5111.87 of the	70231
Revised Code.	70232

(b) The person provides home services through a state	70233
medicaid plan amendment as described in 42 U.S.C. 1396n(i).	70234

(2) "Independent home care provider" does not include any	70235
person employed by a private agency for purposes of performing the	70236
activities described in division (C)(1) of this section.	70237

(D) "Provider" means an independent child care provider or an	70238
independent home care provider.	70239

(E) "Recipient" means any person receiving the services of an	70240
independent child care provider or an independent home care	70241
provider, or that person's parent or legal guardian.	70242

(F) "Representative organization" means any employee	70243
organization as defined in division (D) of section 4117.01 of the	70244
Revised Code or any labor or bona fide organization in which	70245
providers participate and that exists for the purpose, in whole or	70246
in part, of dealing with the state concerning grievances, wages,	70247
hours, terms, and other conditions of employment of providers that	70248
are within the control of the state.	70249

Sec. 4113.82. Providers may do all of the following:

70250

(A) Form, join, assist, or participate in, or refrain from	70251
forming, joining, assisting, or participating in, except as	70252
otherwise provided in sections 4113.81 to 4113.86 of the Revised	70253
Code, any representative organization of their own choosing;	70254

(B) Engage in concerted activities, other than those	70255
described in division (A) of this section, for the purpose of	70256
collective bargaining or other mutual aid and protection;	70257

70258

(D) Bargain collectively with the state to determine wages,	70259
hours, terms, other conditions of employment that are within the	70260
control of the state, the continuation, modification, or deletion	70261
of an existing provision of a collective bargaining agreement, and	70262
enter into a collective bargaining agreement.	70263

(E) Present grievances and have them adjusted, without the	70264
intervention of the representative organization, so long as the	70265
adjustment is not inconsistent with the terms of any collective	70266
bargaining agreement then in effect and the representative	70267
organization has the opportunity to be present at the adjustment.	70268

Sec. 4113.83. (A) A representative organization shall become	70269
the exclusive representative of all the providers in an	70270
appropriate unit for the purpose of collective bargaining by	70271
satisfying either of the following criteria:	70272

(1) Being certified by an impartial election monitor as	70273
described in the governor's executive order 2008-02S for	70274
independent child care providers or the governor's executive order	70275
2007-23S for independent home care providers;	70276

(2) Filing a request with the state for recognition as an	70277
exclusive representative, as described in division (B) of this	70278
section, a copy of which shall be sent to the state employment	70279
relations board.	70280

(B)(1) In the request for recognition, the representative	70281
organization shall do all of the following:	70282

(a) Describe the bargaining unit;

70283

(b) Allege that a majority of the providers in the bargaining	70284
unit wish to be represented by the representative organization;	70285

(c) Support the request with substantial evidence based on,	70286
and in accordance with, rules prescribed by the state employment	70287
relations board demonstrating that a majority of the providers in	70288
the bargaining unit wish to be represented by the representative	70289
organization.	70290

(2) Immediately upon receipt of the request described in	70291
divisions (A)(2) and (B)(1) of this section, the state shall	70292
request an election in accordance with the same requirements as	70293
provided in division (A)(2) of section 4117.07 of the Revised	70294
Code.	70295

(C) Nothing in this section shall be construed to permit the	70296
state to recognize, or the state employment relations board to	70297
certify, a representative organization as an exclusive	70298
representative if there is in effect a lawful written agreement,	70299
contract, or memorandum of understanding between the state and	70300
another representative organization that, on the effective date of	70301
this section, has been recognized by the state as the exclusive	70302
representative of the providers in an appropriate unit or that by	70303
tradition, custom, practice, election, or negotiation has been the	70304
only representative organization representing all providers in the	70305
unit. This division does not apply to any agreement that has been	70306
in effect in excess of three years. For purposes of this section,	70307
extensions of an agreement do not affect the expiration of the	70308
original agreement.	70309

Sec. 4113.84. (A) All matters pertaining to wages, hours,	70310
terms and other conditions of employment that are within the	70311
control of the state, the continuation, modification, or deletion	70312
of an existing provision of a collective bargaining agreement	70313
shall be subject to collective bargaining between the state and	70314
the exclusive representative as described in section 4113.83 of	70315
the Revised Code, except as otherwise specified in this section.	70316

(B) This section shall not alter the unique relations between	70317
providers and recipients of care. The recipient retains the	70318
absolute right to choose providers and to control the hiring,	70319
termination, and supervision of providers.	70320

(C) This section shall not affect the ability of the state to	70321
take appropriate action when a provider is no longer eligible to	70322
provide care under state or federal law, or any rules or	70323
regulations adopted thereunder.	70324

Sec. 4113.85. The parties to any collective bargaining	70325
agreement entered into pursuant to sections 4113.81, 4113.82,	70326
4113.83, and 4113.84 of the Revised Code shall record that	70327
agreement in writing, which is to be executed by all of the	70328
parties to the agreement. The agreement shall contain the same	70329
provisions as described in divisions (B), (C), and (E) of section	70330
4117.09 of the Revised Code. Such provisions shall apply to the	70331
state, its agents or representatives, any representative	70332
organization, its agents or representatives, and to providers in	70333
the same manner as the same provisions apply to public employers,	70334
public employees, and employee organizations as described in	70335
Chapter 4117. of the Revised Code.	70336

Sec. 4113.86. The state employment relations board has the	70337
same authority as described in sections 4117.12 and 4117.13 of the	70338
Revised Code to investigate, hold hearings, make determinations,	70339
and issue complaints regarding unfair labor practices, insofar as	70340
that authority does not conflict with sections 4113.81, 4113.82,	70341
4113.83, 4113.84, 4113.85, and 4113.86 of the Revised Code. For	70342
purposes of this section, "unfair labor practice" has the same	70343
meaning as section 4117.11 of the Revised Code, except any	70344
provisions applying to public employers shall apply to the state,	70345
any provisions applying to employee organizations shall apply to	70346
representative organizations, and any provisions applying to	70347
public employees shall apply to providers.	70348

Sec. 4117.01. As used in this chapter:

70349

(A) "Person," in addition to those included in division (C)	70350
of section 1.59 of the Revised Code, includes employee	70351
organizations, public employees, and public employers.	70352

(B)(1) "Public employer" means the state or any political	70353
subdivision of the state located entirely within the state,	70354
including, without limitation, any municipal corporation with a	70355
population of at least five thousand according to the most recent	70356
federal decennial census; county; township with a population of at	70357
least five thousand in the unincorporated area of the township	70358
according to the most recent federal decennial census; school	70359
district; governing authority of a community school established	70360
under Chapter 3314. of the Revised Code; state institution of	70361
higher learning; public or special district; state agency,	70362
authority, commission, or board; or other branch of public	70363
employment.	70364

(2) With respect to permanent, full-time, paid members of a	70365
fire department of a township, "public employer" also means a	70366
township, regardless of the population of the township.	70367

(C) "Public employee" means any person holding a position by	70368
appointment or employment in the service of a public employer,	70369
including any person working pursuant to a contract between a	70370
public employer and a private employer and over whom the national	70371
labor relations board has declined jurisdiction on the basis that	70372
the involved employees are employees of a public employer, except:	70373

(1) Persons holding elective office;

70374

(2) Employees of the general assembly and employees of any	70375
other legislative body of the public employer whose principal	70376
duties are directly related to the legislative functions of the	70377
body;	70378

(3) Employees on the staff of the governor or the chief	70379
executive of the public employer whose principal duties are	70380
directly related to the performance of the executive functions of	70381
the governor or the chief executive;	70382

(4) Persons who are members of the Ohio organized militia,	70383
while training or performing duty under section 5919.29 or 5923.12	70384
of the Revised Code;	70385

(5) Employees of the state employment relations board,	70386
including those employees of the state employment relations board	70387
utilized by the state personnel board of review in the exercise of	70388
the powers and the performance of the duties and functions of the	70389
state personnel board of review;	70390

(6) Confidential employees;

70391

(7) Management level employees;

70392

(8) ~~Employees and officers of the courts, assistants~~	70393
Assistants to the attorney general,and assistant prosecuting	70394
attorneys~~, and employees of the clerks of courts who perform a~~	70395
~~judicial function~~;	70396

(9) Employees of a public official who act in a fiduciary	70397
capacity, appointed pursuant to section 124.11 of the Revised	70398
Code;	70399

(10) Supervisors;

70400

(11) Students whose primary purpose is educational training,	70401
including graduate assistants or associates, residents, interns,	70402
or other students working as part-time public employees less than	70403
fifty per cent of the normal year in the employee's bargaining	70404
unit;	70405

(12) Employees of county boards of election;

70406

(13) Seasonal and casual employees as determined by the state	70407
employment relations board;	70408

(14) Part-time faculty members of an institution of higher	70409
education;	70410

(15) ~~Employees of the state personnel board of review;~~

70411

~~(16)~~ Participants in a work activity, developmental activity,	70412
or alternative work activity under sections 5107.40 to 5107.69 of	70413
the Revised Code who perform a service for a public employer that	70414
the public employer needs but is not performed by an employee of	70415
the public employer if the participant is not engaged in paid	70416
employment or subsidized employment pursuant to the activity;	70417

~~(17)~~(16) Employees included in the career professional	70418
service of the department of transportation under section 5501.20	70419
of the Revised Code;	70420

~~(18) Employees of community-based correctional facilities~~	70421
~~and district community-based correctional facilities created under~~	70422
~~sections 2301.51 to 2301.58 of the Revised Code who are not~~	70423
~~subject to a collective bargaining agreement on June 1, 2005~~.	70424

(D) "Employee organization" means any labor or bona fide	70425
organization in which public employees participate and that exists	70426
for the purpose, in whole or in part, of dealing with public	70427
employers concerning grievances, labor disputes, wages, hours,	70428
terms, and other conditions of employment.	70429

(E) "Exclusive representative" means the employee	70430
organization certified or recognized as an exclusive	70431
representative under section 4117.05 of the Revised Code.	70432

(F) "Supervisor" means any individual who has authority, in	70433
the interest of the public employer, to hire, transfer, suspend,	70434
lay off, recall, promote, discharge, assign, reward, or discipline	70435
other public employees; to responsibly direct them; to adjust	70436
their grievances; or to effectively recommend such action, if the	70437
exercise of that authority is not of a merely routine or clerical	70438
nature, but requires the use of independent judgment, provided	70439
that:	70440

(1) Employees of school districts who are department	70441
chairpersons or consulting teachers shall not be deemed	70442
supervisors;	70443

(2) With respect to members of a police or fire department,	70444
no person shall be deemed a supervisor except the chief of the	70445
department or those individuals who, in the absence of the chief,	70446
are authorized to exercise the authority and perform the duties of	70447
the chief of the department. Where prior to June 1, 1982, a public	70448
employer pursuant to a judicial decision, rendered in litigation	70449
to which the public employer was a party, has declined to engage	70450
in collective bargaining with members of a police or fire	70451
department on the basis that those members are supervisors, those	70452
members of a police or fire department do not have the rights	70453
specified in this chapter for the purposes of future collective	70454
bargaining. The state employment relations board shall decide all	70455
disputes concerning the application of division (F)(2) of this	70456
section.	70457

(3) With respect to faculty members of a state institution of	70458
higher education, heads of departments or divisions are	70459
supervisors; however, no other faculty member or group of faculty	70460
members is a supervisor solely because the faculty member or group	70461
of faculty members participate in decisions with respect to	70462
courses, curriculum, personnel, or other matters of academic	70463
policy;	70464

(4) No teacher as defined in section 3319.09 of the Revised	70465
Code shall be designated as a supervisor or a management level	70466
employee unless the teacher is employed under a contract governed	70467
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	70468
is assigned to a position for which a license deemed to be for	70469
administrators under state board rules is required pursuant to	70470
section 3319.22 of the Revised Code.	70471

(G) "To bargain collectively" means to perform the mutual	70472
obligation of the public employer, by its representatives, and the	70473
representatives of its employees to negotiate in good faith at	70474
reasonable times and places with respect to wages, hours, terms,	70475
and other conditions of employment and the continuation,	70476
modification, or deletion of an existing provision of a collective	70477
bargaining agreement, with the intention of reaching an agreement,	70478
or to resolve questions arising under the agreement. "To bargain	70479
collectively" includes executing a written contract incorporating	70480
the terms of any agreement reached. The obligation to bargain	70481
collectively does not mean that either party is compelled to agree	70482
to a proposal nor does it require the making of a concession.	70483

(H) "Strike" means continuous concerted action in failing to	70484
report to duty; willful absence from one's position; or stoppage	70485
of work in whole from the full, faithful, and proper performance	70486
of the duties of employment, for the purpose of inducing,	70487
influencing, or coercing a change in wages, hours, terms, and	70488
other conditions of employment. "Strike" does not include a	70489
stoppage of work by employees in good faith because of dangerous	70490
or unhealthful working conditions at the place of employment that	70491
are abnormal to the place of employment.	70492

(I) "Unauthorized strike" includes, but is not limited to,	70493
concerted action during the term or extended term of a collective	70494
bargaining agreement or during the pendency of the settlement	70495
procedures set forth in section 4117.14 of the Revised Code in	70496
failing to report to duty; willful absence from one's position;	70497
stoppage of work; slowdown, or abstinence in whole or in part from	70498
the full, faithful, and proper performance of the duties of	70499
employment for the purpose of inducing, influencing, or coercing a	70500
change in wages, hours, terms, and other conditions of employment.	70501
"Unauthorized strike" includes any such action, absence, stoppage,	70502
slowdown, or abstinence when done partially or intermittently,	70503
whether during or after the expiration of the term or extended	70504
term of a collective bargaining agreement or during or after the	70505
pendency of the settlement procedures set forth in section 4117.14	70506
of the Revised Code.	70507

(J) "Professional employee" means any employee engaged in	70508
work that is predominantly intellectual, involving the consistent	70509
exercise of discretion and judgment in its performance and	70510
requiring knowledge of an advanced type in a field of science or	70511
learning customarily acquired by a prolonged course in an	70512
institution of higher learning or a hospital, as distinguished	70513
from a general academic education or from an apprenticeship; or an	70514
employee who has completed the courses of specialized intellectual	70515
instruction and is performing related work under the supervision	70516
of a professional person to become qualified as a professional	70517
employee.	70518

(K) "Confidential employee" means any employee who works in	70519
the personnel offices of a public employer and deals with	70520
information to be used by the public employer in collective	70521
bargaining; or any employee who works in a close continuing	70522
relationship with public officers or representatives directly	70523
participating in collective bargaining on behalf of the employer.	70524

(L) "Management level employee" means an individual who	70525
formulates policy on behalf of the public employer, who	70526
responsibly directs the implementation of policy, or who may	70527
reasonably be required on behalf of the public employer to assist	70528
in the preparation for the conduct of collective negotiations,	70529
administer collectively negotiated agreements, or have a major	70530
role in personnel administration. Assistant superintendents,	70531
principals, and assistant principals whose employment is governed	70532
by section 3319.02 of the Revised Code are management level	70533
employees. With respect to members of a faculty of a state	70534
institution of higher education, no person is a management level	70535
employee because of the person's involvement in the formulation or	70536
implementation of academic or institution policy.	70537

(M) "Wages" means hourly rates of pay, salaries, or other	70538
forms of compensation for services rendered.	70539

(N) "Member of a police department" means a person who is in	70540
the employ of a police department of a municipal corporation as a	70541
full-time regular police officer as the result of an appointment	70542
from a duly established civil service eligibility list or under	70543
section 737.15 or 737.16 of the Revised Code, a full-time deputy	70544
sheriff appointed under section 311.04 of the Revised Code, a	70545
township constable appointed under section 509.01 of the Revised	70546
Code, or a member of a township police district police department	70547
appointed under section 505.49 of the Revised Code.	70548

(O) "Members of the state highway patrol" means highway	70549
patrol troopers and radio operators appointed under section	70550
5503.01 of the Revised Code.	70551

(P) "Member of a fire department" means a person who is in	70552
the employ of a fire department of a municipal corporation or a	70553
township as a fire cadet, full-time regular firefighter, or	70554
promoted rank as the result of an appointment from a duly	70555
established civil service eligibility list or under section	70556
505.38, 709.012, or 737.22 of the Revised Code.	70557

(Q) "Day" means calendar day.

70558

Sec. 4117.02. (A) There is hereby created the state	70559
employment relations board, consisting of three members to be	70560
appointed by the governor with the advice and consent of the	70561
senate. Members shall be knowledgeable about labor relations or	70562
personnel practices. No more than two of the three members shall	70563
belong to the same political party. A member of the state	70564
employment relations board during the member's period of service	70565
shall hold no other public office or public or private employment	70566
and shall allow no other responsibilities to interfere or conflict	70567
with the member's duties as a full-time state employment relations	70568
board member. Of the initial appointments made to the state	70569
employment relations board, one shall be for a term ending October	70570
6, 1984, one shall be for a term ending October 6, 1985, and one	70571
shall be for a term ending October 6, 1986. Thereafter, terms of	70572
office shall be for six years, each term ending on the same day of	70573
the same month of the year as did the term that it succeeds. Each	70574
member shall hold office from the date of the member's appointment	70575
until the end of the term for which the member is appointed. Any	70576
member appointed to fill a vacancy occurring prior to the	70577
expiration of the term for which the member's predecessor was	70578
appointed shall hold office for the remainder of the term. Any	70579
member shall continue in office subsequent to the expiration of	70580
the member's term until the member's successor takes office or	70581
until a period of sixty days has elapsed, whichever occurs first.	70582
The governor may remove any member of the state employment	70583
relations board, upon notice and public hearing, for neglect of	70584
duty or malfeasance in office, but for no other cause.	70585

(B)(1) The governor shall designate one member of the state	70586
employment relations board to serve as chairperson of the state	70587
employment relations board. The chairperson is the head of the	70588
state employment relations board and its chief executive officer.	70589

(2) The chairperson shall exercise all administrative powers	70590
and duties conferred upon the state employment relations board	70591
under this chapter and shall do all of the following:	70592

(a) ~~Except as provided in division (F)(2) of this section,~~	70593
~~employ~~Employ, promote, supervise, and remove all employees of the	70594
state employment relations board, and establish, change, or	70595
abolish positions and assign or reassign the duties of those	70596
employees as the chairperson determines necessary to achieve the	70597
most efficient performance of the ~~board's~~ duties of the state	70598
employment relations board under this chapter;	70599

(b) Determine the utilization by the state personnel board of	70600
review of employees of the state employment relations board as	70601
necessary for the state personnel board of review to exercise the	70602
powers and perform the duties of the state personnel board of	70603
review.	70604

(c) Maintain the office of the state employment relations	70605
board in Columbus and manage the office's daily operations,	70606
including securing offices, facilities, equipment, and supplies	70607
necessary to house the state employment relations board,	70608
employees of the state employment relations board, the state	70609
personnel board of review, and files and records under the	70610
~~board's~~ control of the state employment relations board and	70611
under the control of the state personnel board of review;	70612

~~(c)~~(d) Prepare and submit to the office of budget and	70613
management a budget for each biennium according to section	70614
107.03 of the Revised Code, and include in the budget the costs	70615
of the state employment relations board and its staff and the	70616
~~board's~~ costs of the state employment relations board in	70617
discharging any duty imposed by law upon the state employment	70618
relations board, the chairperson, or any of the ~~board's~~ employees	70619
or agents of the state employment relations board, and the costs	70620
of the state personnel board of review in discharging any duty	70621
imposed by law on the state personnel board of review or an agent	70622
of the state personnel board of review.	70623

(C) The vacancy on the state employment relations board does	70624
not impair the right of the remaining members to exercise all the	70625
powers of the state employment relations board, and two members of	70626
the state employment relations board, at all times, constitute a	70627
quorum. The state employment relations board shall have an	70628
official seal of which courts shall take judicial notice.	70629

(D) The state employment relations board shall make an annual	70630
report in writing to the governor and to the general assembly,	70631
stating in detail the work it has done.	70632

(E) Compensation of the chairperson and members shall be in	70633
accordance with division (J) of section 124.15 of the Revised	70634
Code. The chairperson and the members are eligible for	70635
reappointment. In addition to such compensation, all members shall	70636
be reimbursed for their necessary expenses incurred in the	70637
performance of their work as members.	70638

(F)(1) The chairperson, after consulting with the other state	70639
employment relations board members and receiving the consent of at	70640
least one other board member, shall appoint an executive director.	70641
The chairperson also shall appoint attorneys and ~~attorney-trial~~	70642
~~examiners~~shall appoint an assistant executive director who shall	70643
be an attorney admitted to practice law in this state and who	70644
shall serve as a liaison to the attorney general on legal matters	70645
before the state employment relations board.	70646

(2) The state employment relations board shall appoint	70647
~~mediators, arbitrators,~~ members of fact-finding panels~~, and~~	70648
~~directors for local areas,~~ and shall prescribe their job duties.	70649

(G)(1) The executive director shall serve at the pleasure of	70650
the chairperson. The executive director, under the direction of	70651
the chairperson, shall do all of the following:	70652

(a) Act as chief administrative officer for the state	70653
employment relations board;	70654

(b) Ensure that all employees of the state employment	70655
relations board comply with the rules of the state employment	70656
relations board;	70657

(c) Do all things necessary for the efficient and effective	70658
implementation of the duties of the state employment relations	70659
board.	70660

(2) The duties of the executive director described in	70661
division (G)(1) of this section do not relieve the chairperson	70662
from final responsibility for the proper performance of the duties	70663
described in that division.	70664

(H) The attorney general shall be the legal adviser of the	70665
state employment relations board and shall appear for and	70666
represent the state employment relations board and its agents in	70667
all legal proceedings. The state employment relations board may	70668
utilize regional, local, or other agencies, and utilize voluntary	70669
and uncompensated services as needed. The state employment	70670
relations board may contract with the federal mediation and	70671
conciliation service for the assistance of mediators, arbitrators,	70672
and other personnel the service makes available. The ~~board and the~~	70673
chairperson~~, respectively,~~ shall appoint all employees on the	70674
basis of training, practical experience, education, and character,	70675
notwithstanding the requirements established by section 119.09 of	70676
the Revised Code. The ~~board~~chairperson shall give special regard	70677
to the practical training and experience that employees have for	70678
the particular position involved. ~~All full-time employees of the~~	70679
~~board excepting the~~The executive director, ~~the head of the bureau~~	70680
~~of mediation~~assistant executive director, administrative law	70681
judges, employees holding a fiduciary or administrative relation	70682
to the state employment relations board as described in division	70683
(A)(9) of section 124.11 of the Revised Code, and the personal	70684
secretaries and assistants of the state employment relations board	70685
members are in the ~~classified~~unclassified service. All other	70686
full-time employees of the state employment relations board are in	70687
the classified service. All employees of the state employment	70688
relations board shall be paid in accordance with Chapter 124. of	70689
the Revised Code.	70690

(I) The ~~board~~chairperson shall select and assign ~~examiners~~	70691
administrative law judges and other agents whose functions are to	70692
conduct hearings with due regard to their impartiality, judicial	70693
temperament, and knowledge. If in any proceeding under this	70694
chapter, any party prior to five days before the hearing thereto	70695
files with the state employment relations board a sworn statement	70696
charging that the ~~examiner~~administrative law judge or other agent	70697
designated to conduct the hearing is biased or partial in the	70698
proceeding, the state employment relations board may disqualify	70699
the person and designate another ~~examiner~~administrative law judge	70700
or agent to conduct the proceeding. At least ten days before any	70701
hearing, the state employment relations board shall notify all	70702
parties to a proceeding of the name of the ~~examiner~~administrative	70703
law judge or agent designated to conduct the hearing.	70704

(J) The principal office of the state employment relations	70705
board is in Columbus, but it may meet and exercise any or all of	70706
its powers at any other place within the state. The state	70707
employment relations board may, by one or more of its employees,	70708
or any agents or agencies it designates, conduct in any part of	70709
this state any proceeding, hearing, investigation, inquiry, or	70710
election necessary to the performance of its functions; provided,	70711
that no person so designated may later sit in determination of an	70712
appeal of the decision of that cause or matter.	70713

(K) In addition to the powers and functions provided in other	70714
sections of this chapter, the state employment relations board	70715
shall do all of the following:	70716

(1) Create a bureau of mediation within the state employment	70717
relations board, to perform the functions provided in section	70718
4117.14 of the Revised Code. This bureau shall also establish,	70719
after consulting representatives of employee organizations and	70720
public employers, panels of qualified persons to be available to	70721
serve as members of fact-finding panels and arbitrators.	70722

(2) Conduct studies of problems involved in representation	70723
and negotiation and make recommendations for legislation;	70724

(3) Hold hearings pursuant to this chapter and, for the	70725
purpose of the hearings and inquiries, administer oaths and	70726
affirmations, examine witnesses and documents, take testimony and	70727
receive evidence, compel the attendance of witnesses and the	70728
production of documents by the issuance of subpoenas, and delegate	70729
these powers to any members of the state employment relations	70730
board or any ~~attorney-trial examiner appointed~~administrative law	70731
judge employed by the state employment relations board for the	70732
performance of its functions;	70733

(4) Train representatives of employee organizations and	70734
public employers in the rules and techniques of collective	70735
bargaining procedures;	70736

(5) Make studies and analyses of, and act as a clearinghouse	70737
of information relating to, conditions of employment of public	70738
employees throughout the state and request assistance, services,	70739
and data from any public employee organization, public employer,	70740
or governmental unit. Public employee organizations, public	70741
employers, and governmental units shall provide such assistance,	70742
services, and data as will enable the state employment relations	70743
board to carry out its functions and powers.	70744

(6) Make available to employee organizations, public	70745
employers, mediators, fact-finding panels, arbitrators, and joint	70746
study committees statistical data relating to wages, benefits, and	70747
employment practices in public and private employment applicable	70748
to various localities and occupations to assist them to resolve	70749
issues in negotiations;	70750

(7) Notwithstanding section 119.13 of the Revised Code,	70751
establish standards of persons who practice before it;	70752

(8) Adopt, amend, and rescind rules and procedures and	70753
exercise other powers appropriate to carry out this chapter.	70754
Before the adoption, amendment, or rescission of rules and	70755
procedures under this section, the state employment relations	70756
board shall do all of the following:	70757

(a) Maintain a list of interested public employers and	70758
employee organizations and mail notice to such groups of any	70759
proposed rule or procedure, amendment thereto, or rescission	70760
thereof at least thirty days before any public hearing thereon;	70761

(b) Mail a copy of each proposed rule or procedure, amendment	70762
thereto, or rescission thereof to any person who requests a copy	70763
within five days after receipt of the request therefor;	70764

(c) Consult with appropriate statewide organizations	70765
representing public employers or employees who would be affected	70766
by the proposed rule or procedure.	70767

Although the state employment relations board is expected to	70768
discharge these duties diligently, failure to mail any notice or	70769
copy, or to so consult with any person, is not jurisdictional and	70770
shall not be construed to invalidate any proceeding or action of	70771
the state employment relations board.	70772

(L) In case of neglect or refusal to obey a subpoena issued	70773
to any person, the court of common pleas of the county in which	70774
the investigation or the public hearing occurs, upon application	70775
by the state employment relations board, may issue an order	70776
requiring the person to appear before the state employment	70777
relations board and give testimony about the matter under	70778
investigation. The court may punish a failure to obey the order as	70779
contempt.	70780

(M) Any subpoena, notice of hearing, or other process or	70781
notice of the state employment relations board issued under this	70782
section may be served personally, by certified mail, or by leaving	70783
a copy at the principal office or personal residence of the	70784
respondent required to be served. A return, made and verified by	70785
the individual making the service and setting forth the manner of	70786
service, is proof of service, and a return post office receipt,	70787
when certified mail is used, is proof of service. All process in	70788
any court to which application is made under this chapter may be	70789
served in the county wherein the persons required to be served	70790
reside or are found.	70791

(N) All expenses of the state employment relations board,	70792
including all necessary traveling and subsistence expenses	70793
incurred by the members or employees of the state employment	70794
relations board under its orders, shall be paid pursuant to	70795
itemized vouchers approved by the chairperson of the state	70796
employment relations board, the executive director, or both, or	70797
such other person as the chairperson designates for that purpose.	70798

(O) Whenever the state employment relations board determines	70799
that a substantial controversy exists with respect to the	70800
application or interpretation of this chapter and the matter is of	70801
public or great general interest, the state employment relations	70802
board shall certify its final order directly to the court of	70803
appeals having jurisdiction over the area in which the principal	70804
office of the public employer directly affected by the application	70805
or interpretation is located. The chairperson shall file with the	70806
clerk of the court a certified copy of the transcript of the	70807
proceedings before the state employment relations board pertaining	70808
to the final order. If upon hearing and consideration the court	70809
decides that the final order of the state employment relations	70810
board is unlawful or is not supported by substantial evidence on	70811
the record as a whole, the court shall reverse and vacate the	70812
final order or modify it and enter final judgment in accordance	70813
with the modification; otherwise, the court shall affirm the final	70814
order. The notice of the final order of the state employment	70815
relations board to the interested parties shall contain a	70816
certification by the chairperson of the state employment relations	70817
board that the final order is of public or great general interest	70818
and that a certified transcript of the record of the proceedings	70819
before the state employment relations board had been filed with	70820
the clerk of the court as an appeal to the court. For the purposes	70821
of this division, the state employment relations board has	70822
standing to bring its final order properly before the court of	70823
appeals.	70824

(P) Except as otherwise specifically provided in this	70825
section, the state employment relations board is subject to	70826
Chapter 119. of the Revised Code, including the procedure for	70827
submission of proposed rules to the general assembly for	70828
legislative review under division (H) of section 119.03 of the	70829
Revised Code.	70830

Sec. 4117.07. (A) When a petition is filed, in accordance	70831
with rules prescribed by the state employment relations board:	70832

(1) By any employee or group of employees, or any individual	70833
or employee organization acting in their behalf, alleging that at	70834
least thirty per cent of the employees in an appropriate unit wish	70835
to be represented for collective bargaining by an exclusive	70836
representative, or asserting that the designated exclusive	70837
representative is no longer the representative of the majority of	70838
employees in the unit, the board shall investigate the petition,	70839
and if it has reasonable cause to believe that a question of	70840
representation exists, provide for an appropriate hearing upon due	70841
notice to the parties;	70842

(2) By the employer alleging that one or more employee	70843
organizations has presented to it a claim to be recognized as the	70844
exclusive representative in an appropriate unit, the board shall	70845
investigate the petition, and if it has reasonable cause to	70846
believe that a question of representation exists, provide for an	70847
appropriate hearing upon due notice to the parties.	70848

If the board finds upon the record of a hearing that a	70849
question of representation exists, it shall direct an election and	70850
certify the results thereof. No one may vote in an election by	70851
~~mail or~~ proxy. The board may also certify an employee organization	70852
as an exclusive representative if it determines that a free and	70853
untrammelled election cannot be conducted because of the	70854
employer's unfair labor practices and that at one time the	70855
employee organization had the support of the majority of the	70856
employees in the unit.	70857

(B) Only the names of those employee organizations designated	70858
by more than ten per cent of the employees in the unit found to be	70859
appropriate may be placed on the ballot. Nothing in this section	70860
shall be construed to prohibit the waiving of hearings by	70861
stipulation, in conformity with the rules of the board, for the	70862
purpose of a consent election.	70863

(C) The board shall conduct representation elections by	70864
secret ballot cast, at the board's discretion, by mail or	70865
electronically or in person, and at times and places selected by	70866
the board subject to the following:	70867

(1) The board shall give no less than ten days' notice of the	70868
time and place of an election;	70869

(2) The board shall establish rules concerning the conduct of	70870
any election including, but not limited to, rules to guarantee the	70871
secrecy of the ballot;	70872

(3) The board may not certify a representative unless the	70873
representative receives a majority of the valid ballots cast;	70874

(4) Except as provided in this section, the board shall	70875
include on the ballot a choice of "no representative";	70876

(5) In an election where none of the choices on the ballot	70877
receives a majority, the board shall conduct a runoff election. In	70878
that case, the ballot shall provide for a selection between the	70879
two choices or parties receiving the highest and the second	70880
highest number of ballots cast in the election.	70881

(6) The board may not conduct an election under this section	70882
in any appropriate bargaining unit within which a board-conducted	70883
election was held in the preceding twelve-month period, nor during	70884
the term of any lawful collective bargaining agreement between a	70885
public employer and an exclusive representative.	70886

Petitions for elections may be filed with the board no sooner	70887
than one hundred twenty days or later than ninety days before the	70888
expiration date of any collective bargaining agreement, or after	70889
the expiration date, until the public employer and exclusive	70890
representative enter into a new written agreement.	70891

For the purposes of this section, extensions of agreements do	70892
not affect the expiration date of the original agreement.	70893

Sec. 4117.12. (A) Whoever violates section 4117.11 of the	70894
Revised Code is guilty of an unfair labor practice remediable by	70895
the state employment relations board as specified in this section.	70896

(B) When anyone files a charge with the board alleging that	70897
an unfair labor practice has been committed, the board or its	70898
designated agent shall investigate the charge. If the board has	70899
probable cause for believing that a violation has occurred, the	70900
board shall issue a complaint and shall conduct a hearing	70901
concerning the charge. The board shall cause the complaint to be	70902
served upon the charged party which shall contain a notice of the	70903
time at which the hearing on the complaint will be held either	70904
before the board, a board member, or ~~a hearing officer~~an	70905
administrative law judge. The board may not issue a notice of	70906
hearing based upon any unfair labor practice occurring more than	70907
ninety days prior to the filing of the charge with the board,	70908
unless the person aggrieved thereby is prevented from filing the	70909
charge by reason of service in the armed forces, in which event	70910
the ninety-day period shall be computed from the day of ~~his~~the	70911
person's discharge. If the board dismisses a complaint as	70912
frivolous, it shall assess costs to the complainant pursuant to	70913
its standards governing such matters, and for that purpose, the	70914
board shall adopt a rule defining the standards by which the board	70915
will declare a complaint to be frivolous and the costs that will	70916
be assessed accordingly.	70917

(1) The board, board member, or ~~hearing officer~~	70918
administrative law judge shall hold a hearing on the charge within	70919
ten days after service of the complaint. The board may amend a	70920
complaint, upon receipt of a notice from the charging party, at	70921
any time prior to the close of the hearing, and the charged party	70922
shall within ten days from receipt of the complaint or amendment	70923
to the complaint, file an answer to the complaint or amendment to	70924
the complaint. The charged party may file an answer to an original	70925
or amended complaint. The agents of the board and the person	70926
charged are parties and may appear or otherwise give evidence at	70927
the hearing. At the discretion of the board, board member, or	70928
~~hearing officer~~administrative law judge, any interested party may	70929
intervene and present evidence at the hearing. The board, board	70930
member, or ~~hearing officer~~administrative law judge is not bound	70931
by the rules of evidence prevailing in the courts.	70932

(2) A board member or ~~hearing officer~~administrative law	70933
judge who conducts the hearing shall reduce the evidence taken to	70934
writing and file it with the board. The board member or the	70935
~~hearing officer~~administrative law judge may thereafter take	70936
further evidence or hear further argument if notice is given to	70937
all interested parties. The ~~hearing officer~~administrative law	70938
judge or board member shall issue to the parties a proposed	70939
decision, together with a recommended order and file it with the	70940
board. If the parties file no exceptions within twenty days after	70941
service thereof, the recommended order becomes the order of the	70942
board effective as therein prescribed. If the parties file	70943
exceptions to the proposed report, the board shall determine	70944
whether substantial issues have been raised. The board may rescind	70945
or modify the proposed order of the board member or ~~hearing~~	70946
~~officer~~administrative law judge; however, if the board determines	70947
that the exceptions do not raise substantial issues of fact or	70948
law, it may refuse to grant review, and the recommended order	70949
becomes effective as therein prescribed.	70950

(3) If upon the preponderance of the evidence taken, the	70951
board believes that any person named in the complaint has engaged	70952
in any unfair labor practice, the board shall state its findings	70953
of fact and issue and cause to be served on the person an order	70954
requiring that hethe person cease and desist from these unfair	70955
labor practices, and take such affirmative action, including	70956
reinstatement of employees with or without back pay, as will	70957
effectuate the policies of Chapter 4117. of the Revised Code. If	70958
upon a preponderance of the evidence taken, the board believes	70959
that the person named in the complaint has not engaged in an	70960
unfair labor practice it shall state its findings of fact and	70961
issue an order dismissing the complaint.	70962

(4) The board may order the public employer to reinstate the	70963
public employee and further may order either the public employer	70964
or the employee organization, depending on who was responsible for	70965
the discrimination suffered by the public employee, to make such	70966
payment of back pay to the public employee as the board	70967
determines. No order of the board shall require the reinstatement	70968
of any individual as an employee who has been suspended or	70969
discharged, or require the payment to ~~him~~the employee of any back	70970
pay, if the suspension or discharge was for just cause not related	70971
to rights provided in section 4117.03 of the Revised Code and the	70972
procedure contained in the collective bargaining agreement	70973
governing suspension or discharge was followed. The order of the	70974
board may require the party against whom the order is issued to	70975
make periodic reports showing the extent to which hethe party has	70976
complied with the order.	70977

(C) Whenever a complaint alleges that a person has engaged in	70978
an unfair labor practice and that the complainant will suffer	70979
substantial and irreparable injury if not granted temporary	70980
relief, the board may petition the court of common pleas for any	70981
county wherein the alleged unfair labor practice in question	70982
occurs, or wherein any person charged with the commission of any	70983
unfair labor practice resides or transacts business for	70984
appropriate injunctive relief, pending the final adjudication by	70985
the board with respect to the matter. Upon the filing of any	70986
petition, the court shall cause notice thereof to be served upon	70987
the parties, and thereupon has jurisdiction to grant the temporary	70988
relief or restraining order it considers just and proper.	70989

(D) Until the record in a case is filed in a court, as	70990
specified in Chapter 4117. of the Revised Code, the board may at	70991
any time upon reasonable notice and in a manner it considers	70992
proper, modify or set aside, in whole or in part, any finding or	70993
order made or issued by it.	70994

Sec. 4117.24. (A) The training, publications, and grants fund	70995
is hereby created in the state treasury. The state employment	70996
relations board shall deposit into the training, publications, and	70997
grants fund all moneys received from the following sources:	70998

~~(A)~~(1) Payments received by the state employment relations	70999
board for copies of documents, rulebooks, and other publications;	71000

~~(B)~~(2) Fees received from seminar participants;

71001

~~(C)~~(3) Receipts from the sale of clearinghouse data;

71002

~~(D)~~(4) Moneys received from grants, donations, awards,	71003
bequests, gifts, reimbursements, and similar funds;	71004

~~(E)~~(5) Reimbursement received for professional services and	71005
expenses related to professional services;	71006

~~(F)~~(6) Funds received to support the development of labor	71007
relations services and programs~~. The~~;	71008

(7) Moneys received by the state personnel board of review	71009
pursuant to division (C) of section 124.03 of the Revised Code.	71010

(B) The state employment relations board shall use all moneys	71011
deposited into the training, publications, and grants fund to	71012
defray ~~the~~all of the following:	71013

(1) The costs of furnishing and making available copies of	71014
documents, rulebooks, and other publications; ~~the~~	71015

(2) The costs of planning, organizing, and conducting	71016
training seminars; ~~the~~	71017

(3) The costs associated with grant projects, innovative	71018
labor-management cooperation programs, research projects related	71019
to these grants and programs, and the advancement in	71020
professionalism of public sector relations; ~~the~~	71021

(4) The professional development of state employment	71022
relations board employees; ~~and the~~	71023

(5) The costs of compiling clearinghouse data;

71024

(6) The cost of producing the administrative record of the	71025
state personnel board of review.	71026

The state employment relations board may seek, solicit, apply	71027
for, receive, and accept grants, gifts, and contributions of	71028
money, property, labor, and other things of value to be held for,	71029
used for, and applied to only the purpose for which the grants,	71030
gifts, and contributions are made, from individuals, private and	71031
public corporations, the United States or any agency thereof, the	71032
state or any agency thereof, and any political subdivision of the	71033
state, and may enter into any contract with any such public or	71034
private source in connection therewith to be held for, used for,	71035
and applied to only the purposes for which such grants are made	71036
and contracts are entered into, all subject to and in accordance	71037
with the purposes of this chapter. Any money received from the	71038
grants, gifts, contributions, or contracts shall be deposited into	71039
the training, publications, and grants fund.	71040

Sec. 4121.125. (A) The bureau of workers' compensation board	71041
of directors, based upon recommendations of the workers'	71042
compensation actuarial committee, may contract with one or more	71043
outside actuarial firms and other professional persons, as the	71044
board determines necessary, to assist the board in measuring the	71045
performance of Ohio's workers' compensation system and in	71046
comparing Ohio's workers' compensation system to other state and	71047
private workers' compensation systems. The board, actuarial firm	71048
or firms, and professional persons shall make such measurements	71049
and comparisons using accepted insurance industry standards,	71050
including, but not limited to, standards promulgated by the	71051
National Council on Compensation Insurance.	71052

(B) The board may contract with one or more outside firms to	71053
conduct management and financial audits of the workers'	71054
compensation system, including audits of the reserve fund	71055
belonging to the state insurance fund, and to establish objective	71056
quality management principles and methods by which to review the	71057
performance of the workers' compensation system.	71058

71059

(1) Contract to have prepared annually by or under the	71060
supervision of an actuary a report that meets the requirements	71061
specified under division (E) of this section and that consists of	71062
an actuarial valuation of the assets, liabilities, and funding	71063
requirements of the state insurance fund and all other funds	71064
specified in this chapter and Chapters 4123., 4127., and 4131. of	71065
the Revised Code;	71066

(2) Require that the actuary or person supervised by an	71067
actuary referred to in division (C)(1) of this section complete	71068
the valuation in accordance with the actuarial standards of	71069
practice promulgated by the actuarial standards board of the	71070
American academy of actuaries;	71071

(3) Submit the report referred to in division (C)(1) of this	71072
section to the workers' compensation council and the standing	71073
committees of the house of representatives and the senate with	71074
primary responsibility for workers' compensation legislation not	71075
later than the first day of September following the year for which	71076
the valuation was made;	71077

(4) Have an actuary or a person who provides actuarial	71078
services under the supervision of an actuary, at such time as the	71079
board determines, and at least once during the five-year period	71080
that commences on ~~the effective date of this amendment~~September	71081
10, 2007, and once within each five-year period thereafter,	71082
conduct an actuarial investigation of the experience of	71083
employers, the mortality, service, and injury rate of employees,	71084
and the payment of temporary total disability, permanent partial	71085
disability, and permanent total disability under sections 4123.56	71086
to 4123.58 of the Revised Code to update the actuarial	71087
assumptions used in the report required by division (C)(1) of	71088
this section;	71089

(5) Submit the report required under division (F) of this	71090
section to the council and the standing committees of the house of	71091
representatives and the senate with primary responsibility for	71092
workers' compensation legislation not later than the first day of	71093
November following the fifth year of the period that the report	71094
covers;	71095

(6) Have prepared by or under the supervision of an actuary	71096
an actuarial analysis of any introduced legislation expected to	71097
have a measurable financial impact on the workers' compensation	71098
system;	71099

(7) Submit the report required under division (G) of this	71100
section to the legislative service commission, the standing	71101
committees of the house of representatives and the senate with	71102
primary responsibility for workers' compensation legislation, and	71103
the council not later than sixty days after the date of	71104
introduction of the legislation.	71105

(D) The administrator of workers' compensation and the	71106
industrial commission shall compile information and provide access	71107
to records of the bureau and the industrial commission to the	71108
board to the extent necessary for fulfillment of both of the	71109
following requirements:	71110

(1) Conduct of the measurements and comparisons described in	71111
division (A) of this section;	71112

(2) Conduct of the management and financial audits and	71113
establishment of the principles and methods described in division	71114
(B) of this section.	71115

(E) The firm or person with whom the board contracts pursuant	71116
to division (C)(1) of this section shall prepare a report of the	71117
valuation and submit the report to the board. The firm or person	71118
shall include all of the following information in the report that	71119
is required under division (C)(1) of this section:	71120

(1) A summary of the compensation and benefit provisions	71121
evaluated;	71122

(2) A summary of the census data and financial information	71123
used in the valuation;	71124

(3) A description of the actuarial assumptions, actuarial	71125
cost method, and asset valuation method used in the valuation;	71126

(4) A summary of findings that includes a statement of the	71127
actuarial accrued compensation and benefit liabilities and	71128
unfunded actuarial accrued compensation and benefit liabilities;	71129

(5) A schedule showing the effect of any changes in the	71130
compensation and benefit provisions, actuarial assumptions, or	71131
cost methods since the previous annual actuarial valuation report	71132
was submitted to the board.	71133

(F) The actuary or person whom the board designates to	71134
conduct an actuarial investigation under division (C)(4) of this	71135
section shall prepare a report of the actuarial investigation and	71136
shall submit the report to the board. The actuary or person shall	71137
prepare the report and make any recommended changes in actuarial	71138
assumptions in accordance with the actuarial standards of practice	71139
promulgated by the actuarial standards board of the American	71140
academy of actuaries. The actuary or person shall include all of	71141
the following information in the report:	71142

(1) A summary of relevant decrement and economic assumption	71143
experience;	71144

(2) Recommended changes in actuarial assumptions to be used	71145
in subsequent actuarial valuations required by division (C)(1) of	71146
this section;	71147

(3) A measurement of the financial effect of the recommended	71148
changes in actuarial assumptions.	71149

(G) The actuary or person whom the board designates to	71150
conduct the actuarial analysis under division (C)(6) of this	71151
section shall prepare a report of the actuarial analysis and shall	71152
submit that report to the board. The actuary or person shall	71153
complete the analysis in accordance with the actuarial standards	71154
of practice promulgated by the actuarial standards board of the	71155
American academy of actuaries. The actuary or person shall include	71156
all of the following information in the report:	71157

(1) A summary of the statutory changes being evaluated;

71158

(2) A description of or reference to the actuarial	71159
assumptions and actuarial cost method used in the report;	71160

(3) A description of the participant group or groups included	71161
in the report;	71162

(4) A statement of the financial impact of the legislation,	71163
including the resulting increase, if any, in employer premiums, in	71164
actuarial accrued liabilities, and, if an increase in actuarial	71165
accrued liabilities is predicted, the per cent of premium increase	71166
that would be required to amortize the increase in those	71167
liabilities as a level per cent of employer premiums over a period	71168
not to exceed thirty years.	71169

(5) A statement of whether the employer premiums paid to the	71170
bureau of workers' compensation after the proposed change is	71171
enacted are expected to be sufficient to satisfy the funding	71172
objectives established by the board.	71173

(H) The board may, at any time, request an actuary to make	71174
any studies or actuarial valuations to determine the adequacy of	71175
the premium rates established by the administrator in accordance	71176
with sections 4123.29 and 4123.34 of the Revised Code, and may	71177
adjust those rates as recommended by the actuary.	71178

(I) The board shall have an independent auditor, at least	71179
once every ten years, conduct a fiduciary performance audit of the	71180
investment program of the bureau of workers' compensation. That	71181
audit shall include an audit of the investment policies approved	71182
by the board and investment procedures of the bureau. The board	71183
shall submit a copy of that audit to the auditor of state.	71184

(J) The ~~administrator, with the advice and consent of the~~	71185
~~board, shall employ an~~chief internal auditor ~~who shall report~~or	71186
the office of internal auditing in the office of budget and	71187
management, as applicable, shall submit a copy of the preliminary	71188
report of the internal audit findings and recommendations and a	71189
copy of the final report directly to the board,and the workers'	71190
compensation audit committee~~, and~~in addition to the	71191
administrator~~, except that the internal auditor shall not report~~	71192
~~findings directly to the administrator when those findings involve~~	71193
~~malfeasance, misfeasance, or nonfeasance on the part of the~~	71194
~~administrator. The board and the workers' compensation audit~~	71195
~~committee may request and review internal audits conducted by the~~	71196
~~internal auditor~~as required under section 126.47 of the Revised	71197
Code.	71198

(K) The administrator shall pay the expenses incurred by the	71199
board to effectively fulfill its duties and exercise its powers	71200
under this section as the administrator pays other operating	71201
expenses of the bureau.	71202

Sec. 4123.442. When developing the investment policy for the	71203
investment of the assets of the funds specified in this chapter	71204
and Chapters 4121., 4127., and 4131. of the Revised Code, the	71205
workers' compensation investment committee shall do all of the	71206
following:	71207

(A) Specify the asset allocation targets and ranges, risk	71208
factors, asset class benchmarks, time horizons, total return	71209
objectives, and performance evaluation guidelines;	71210

(B) Prohibit investing the assets of those funds, directly or	71211
indirectly, in vehicles that target any of the following:	71212

(1) Coins;

71213

(2) Artwork;

71214

(3) Horses;

71215

(4) Jewelry or gems;

71216

(5) Stamps;

71217

(6) Antiques;

71218

(7) Artifacts;

71219

(8) Collectibles;

71220

(9) Memorabilia;

71221

(10) Similar unregulated investments that are not commonly	71222
part of an institutional portfolio, that lack liquidity, and that	71223
lack readily determinable valuation.	71224

(C) Specify that the administrator of workers' compensation	71225
may invest in an investment class only if the bureau of workers'	71226
compensation board of directors, by a majority vote, opens that	71227
class;	71228

(D) Prohibit investing the assets of those funds in any class	71229
of investments the board, by majority vote, closed, or any	71230
specific investment in which the board prohibits the administrator	71231
from investing;	71232

(E) Not specify in the investment policy that the	71233
administrator or employees of the bureau of workers' compensation	71234
are prohibited from conducting business with an investment	71235
management firm, any investment management professional associated	71236
with that firm, any third party solicitor associated with that	71237
firm, or any political action committee controlled by that firm or	71238
controlled by an investment management professional of that firm	71239
based on criteria that are more restrictive than the restrictions	71240
described in divisions (Y) and (Z) of section 3517.13 of the	71241
Revised Code.	71242

(F) Specify in the investment policy that the administrator	71243
or employees of the bureau of workers' compensation, when	71244
contracting with agents and investment managers for the	71245
administration of the assets of the funds, may set aside	71246
approximately fifteen per cent of the contracts for minority owned	71247
and controlled firms, to firms owned and controlled by women, to	71248
ventures involving minority owned and controlled firms, and to	71249
ventures involving firms owned and controlled by women that	71250
otherwise meet the policies and criteria established by the	71251
committee.	71252

Sec. 4123.446. (A) As used in this section:

71253

(1) "Minority business enterprise" has the meaning defined in	71254
section 122.71 of the Revised Code.	71255

(2) "Women's business enterprise" means a business, or a	71256
partnership, corporation, limited liability company, or joint	71257
venture of any kind, that is owned and controlled by women who are	71258
United States citizens and residents of this state.	71259

(B) The administrator of workers' compensation shall submit	71260
annually to the governor and to the general assembly (under	71261
section 101.68 of the Revised Code) a report containing the	71262
following information:	71263

(1) The name of each investment manager that is a minority	71264
business enterprise or a women's business enterprise with which	71265
the administrator contracts;	71266

(2) The amount of assets managed by investment managers that	71267
are minority business enterprises or women's business enterprises,	71268
expressed as a percentage of assets managed by investment managers	71269
with which the administrator has contracted;	71270

(3) Efforts by the administrator to increase utilization of	71271
investment managers that are minority business enterprises or	71272
women's business enterprises.	71273

Sec. 4141.08. (A) There is hereby created an unemployment	71274
compensation advisory council appointed as follows:	71275

(1) Three members who on account of their vocation,	71276
employment, or affiliations can be classed as representative of	71277
employers and three members who on account of their vocation,	71278
employment, or affiliation can be classed as representatives of	71279
employees appointed by the governor with the advice and consent of	71280
the senate. All appointees shall be persons whose training and	71281
experience qualify them to deal with the difficult problems of	71282
unemployment compensation, particularly with respect to the legal,	71283
accounting, actuarial, economic, and social aspects of	71284
unemployment compensation;	71285

(2) The chairpersons of the standing committees of the senate	71286
and the house of representatives to which legislation pertaining	71287
to Chapter 4141. of the Revised Code is customarily referred;	71288

(3) Two members of the senate appointed by the president of	71289
the senate; and	71290

(4) Two members of the house of representatives appointed by	71291
the speaker of the house of representatives.	71292

The speaker and the president shall arrange that of the six	71293
legislative members appointed to the council, not more than three	71294
are members of the same political party.	71295

(B) Members appointed by the governor shall serve for a term	71296
of four years, each term ending on the same day as the date of	71297
their original appointment. Legislative members shall serve during	71298
the session of the general assembly to which they are elected and	71299
for as long as they are members of the general assembly. Vacancies	71300
shall be filled in the same manner as the original appointment but	71301
only for the unexpired part of a term.	71302

(C) Members of the council shall serve without salary but,	71303
notwithstanding section 101.26 of the Revised Code, shall be paid	71304
a meeting stipend of fifty dollars per day each and their actual	71305
and necessary expenses while engaged in the performance of their	71306
duties as members of the council which shall be paid from funds	71307
allocated to pay the expenses of the council pursuant to this	71308
section.	71309

(D) The council shall organize itself and select a	71310
chairperson or co-chairpersons and other officers and committees	71311
as it considers necessary. Seven members constitute a quorum and	71312
the council may act only upon the affirmative vote of seven	71313
members. The council shall meet at least once each calendar	71314
quarter but it may meet more often as the council considers	71315
necessary or at the request of the chairperson.	71316

(E) The council may employ professional and clerical	71317
assistance as it considers necessary and may request of the	71318
director of job and family services assistance as it considers	71319
necessary. The director shall furnish the council with office and	71320
meeting space as requested by the council.	71321

(F) The director shall pay the operating expenses of the	71322
council as determined by the council from moneys in the	71323
unemployment compensation special administrative fund established	71324
in section 4141.11 of the Revised Code.	71325

(G) The council shall have access to only the records of the	71326
department of job and family services that are necessary for the	71327
administration of this chapter and to the reasonable services of	71328
the employees of the department. It may request the director, or	71329
any of the employees appointed by the director, or any employer or	71330
employee subject to this chapter, to appear before it and to	71331
testify relative to the functioning of this chapter and to other	71332
relevant matters. The council may conduct research of its own,	71333
make and publish reports, and recommend to the director, the	71334
unemployment compensation review commission, the governor, or the	71335
general assembly needed changes in this chapter, or in the rules	71336
of the department as it considers necessary.	71337

Sec. 4141.11. There is hereby created in the state treasury	71338
the unemployment compensation special administrative fund. The	71339
fund shall consist of all interest collected on delinquent	71340
contributions pursuant to this chapter, all fines and forfeitures	71341
collected under this chapter, and all court costs and interest	71342
paid or collected in connection with the repayment of fraudulently	71343
obtained benefits pursuant to section 4141.35 of the Revised Code.	71344
All interest earned on the money in the fund shall be retained in	71345
the fund and shall not be credited or transferred to any other	71346
fund or account, except as provided in division (B) of this	71347
section. All moneys which are deposited or paid into this fund may	71348
be used by:	71349

(A) The director of job and family services ~~with the approval~~	71350
~~of the unemployment compensation advisory council~~, whenever it	71351
appears that such use is necessary for:	71352

(1) The proper administration of this chapter and no federal	71353
funds are available for the specific purpose for which the	71354
expenditure is to be made, provided the moneys are not substituted	71355
for appropriations from federal funds, which in the absence of	71356
such moneys would be available;	71357

(2) The proper administration of this chapter for which	71358
purpose appropriations from federal funds have been requested and	71359
approved but not received, provided the fund would be reimbursed	71360
upon receipt of the federal appropriation;	71361

(3) To the extent possible, the repayment to the unemployment	71362
compensation administration fund of moneys found by the proper	71363
agency of the United States to have been lost or expended for	71364
purposes other than, or an amount in excess of, those found	71365
necessary by the proper agency of the United States for the	71366
administration of this chapter.	71367

(B) The director or the director's deputy whenever it appears	71368
that such use is necessary for the payment of refunds or	71369
adjustments of interest, fines, forfeitures, or court costs	71370
erroneously collected and paid into this fund pursuant to this	71371
chapter.	71372

(C) The director, to pay state disaster unemployment benefits	71373
pursuant to section 4141.292 of the Revised Code. The director	71374
need not have prior approval from the unemployment compensation	71375
advisory council to make these payments.	71376

(D) The director, to pay any costs attributable to the	71377
director that are associated with the sale of real property under	71378
section 4141.131 of the Revised Code. The director need not have	71379
prior approval from the council to make these payments.	71380

Whenever the balance in the unemployment compensation special	71381
administrative fund is considered to be excessive by the ~~council~~	71382
director, the director shall request the director of budget and	71383
management to transfer to the unemployment compensation fund the	71384
amount considered to be excessive. Any balance in the unemployment	71385
compensation special administrative fund shall not lapse at any	71386
time, but shall be continuously available to the director of ~~jobs~~	71387
job and family services ~~or to the council~~ for expenditures	71388
consistent with this chapter.	71389

Sec. 4141.162. (A) The director of job and family services	71390
shall establish an income and eligibility verification system that	71391
complies with section 1137 of the "Social Security Act." The	71392
programs included in the system are all of the following:	71393

(1) Unemployment compensation pursuant to section 3304 of the	71394
"Internal Revenue Code of 1954";	71395

(2) The state programs funded in part under part A of Title	71396
IV of the "Social Security Act" and administered under Chapters	71397
5107. and 5108. of the Revised Code;	71398

(3) Medicaid pursuant to Title XIX of the "Social Security	71399
Act";	71400

(4) ~~Food stamps~~The supplemental nutrition assistance program	71401
pursuant to the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat.~~	71402
~~958,~~2008 (7 U.S.C.A. 2011~~, as amended~~et seq.;	71403

(5) Any Ohio program under a plan approved under Title I, X,	71404
XIV, or XVI of the "Social Security Act."	71405

Wage information provided by employers to the director shall	71406
be furnished to the income and eligibility verification system.	71407
Such information shall be used by the director to determine	71408
eligibility of individuals for unemployment compensation benefits	71409
and the amount of those benefits and used by the agencies that	71410
administer the programs identified in divisions (A)(2) to (5) of	71411
this section to determine or verify eligibility for or the amount	71412
of benefits under those programs.	71413

The director shall fully implement the use of wage	71414
information to determine eligibility for and the amount of	71415
unemployment compensation benefits by September 30, 1988.	71416

Information furnished under the system shall also be made	71417
available to the appropriate state or local child support	71418
enforcement agency for the purposes of an approved plan under	71419
Title IV-D of the "Social Security Act" and to the appropriate	71420
federal agency for the purposes of Titles II and XVI of the	71421
"Social Security Act."	71422

(B) The director shall adopt rules as necessary under which	71423
the department of job and family services and other state agencies	71424
that the director determines must participate in order to ensure	71425
compliance with section 1137 of the "Social Security Act" exchange	71426
information with each other or authorized federal agencies about	71427
individuals who are applicants for or recipients of benefits under	71428
any of the programs enumerated in division (A) of this section.	71429
The rules shall extend to all of the following:	71430

(1) A requirement for standardized formats and procedures for	71431
a participating agency to request and receive information about an	71432
individual, which information shall include the individual's	71433
social security number;	71434

(2) A requirement that all applicants for and recipients of	71435
benefits under any program enumerated in division (A) of this	71436
section be notified at the time of application, and periodically	71437
thereafter, that information available through the system may be	71438
shared with agencies that administer other benefit programs and	71439
utilized in establishing or verifying eligibility or benefit	71440
amounts under the other programs enumerated in division (A) of	71441
this section;	71442

(3) A requirement that information is made available only to	71443
the extent necessary to assist in the valid administrative needs	71444
of the program receiving the information and is targeted for use	71445
in ways which are most likely to be productive in identifying and	71446
preventing ineligibility and incorrect payments;	71447

(4) A requirement that information is adequately protected	71448
against unauthorized disclosures for purposes other than to	71449
establish or verify eligibility or benefit amounts under the	71450
programs enumerated in division (A) of this section;	71451

(5) A requirement that a program providing information is	71452
reimbursed by the program using the information for the actual	71453
costs of furnishing the information and that the director be	71454
reimbursed by the participating programs for any actual costs	71455
incurred in operating the system;	71456

(6) Requirements for any other matters necessary to ensure	71457
the effective, efficient, and timely exchange of necessary	71458
information or that the director determines must be addressed in	71459
order to ensure compliance with the requirements of section 1137	71460
of the "Social Security Act."	71461

(C) Each participating agency shall furnish to the income and	71462
eligibility verification system established in division (A) of	71463
this section that information, which the director, by rule,	71464
determines is necessary in order to comply with section 1137 of	71465
the "Social Security Act."	71466

(D) Notwithstanding the information disclosure requirements	71467
of this section and section 4141.21 and division (A) of section	71468
4141.284 of the Revised Code, the director shall administer those	71469
provisions of law so as to comply with section 1137 of the "Social	71470
Security Act."	71471

(E) Requirements in section 4141.21 of the Revised Code with	71472
respect to confidentiality of information obtained in the	71473
administration of Chapter 4141. of the Revised Code and any	71474
sanctions imposed for improper disclosure of such information	71475
shall apply to the redisclosure of information disclosed under	71476
this section.	71477

Sec. 4169.02. (A) For the purposes of regulating the	71478
construction, maintenance, mechanical operation, and inspection of	71479
passenger tramways that are associated with ski areas and of	71480
registering operators of passenger tramways in this state, there	71481
is hereby established in the division of ~~industrial compliance~~	71482
labor in the department of commerce a ski tramway board to be	71483
appointed by the governor, with the advice and consent of the	71484
senate. The board shall consist of three members, one of whom	71485
shall be a public member who is an experienced skier and familiar	71486
with ski areas in this state, one of whom shall be a ski area	71487
operator actively engaged in the business of recreational skiing	71488
in this state, and one of whom shall be a professional engineer	71489
who is knowledgeable in the design or operation of passenger	71490
tramways.	71491

Of the initial appointments, one member shall be appointed	71492
for a term of one year, one for a term of two years, and one for a	71493
term of three years. The member appointed to the term beginning on	71494
July 1, 1996, shall be appointed to a term ending on June 30,	71495
1997; the member appointed to a term beginning on July 1, 1997,	71496
shall be appointed to a term ending on June 30, 1999; and the	71497
member appointed to a term beginning on July 1, 1998, shall be	71498
appointed to a term ending on June 30, 2001. Thereafter, each of	71499
the members shall be appointed for a term of six years. Each	71500
member shall hold office from the date of appointment until the	71501
end of the term for which the member was appointed. In the event	71502
of a vacancy, the governor, with the advice and consent of the	71503
senate, shall appoint a successor who shall hold office for the	71504
remainder of the term for which the successor's predecessor was	71505
appointed. A member shall continue in office subsequent to the	71506
expiration date of the member's term until the member's successor	71507
takes office or until a period of sixty days has elapsed,	71508
whichever occurs first. The board shall elect a chairperson from	71509
its members.	71510

The governor may remove any member of the board at any time	71511
for misfeasance, nonfeasance, or malfeasance in office after	71512
giving the member a copy of the charges against the member and an	71513
opportunity to be heard publicly in person or by counsel in the	71514
member's defense. Any such act of removal by the governor is	71515
final. A statement of the findings of the governor, the reason for	71516
the governor's action, and the answer, if any, of the member shall	71517
be filed by the governor with the secretary of state and shall be	71518
open to public inspection.	71519

Members of the board shall be paid two hundred fifty dollars	71520
for each meeting that the member attends, except that no member	71521
shall be paid or receive more than seven hundred fifty dollars for	71522
attending meetings during any calendar year. Each member shall be	71523
reimbursed for the member's actual and necessary expenses incurred	71524
in the performance of official board duties. The chairperson shall	71525
be paid two hundred fifty dollars annually in addition to any	71526
compensation the chairperson receives under this division for	71527
attending meetings and any other compensation the chairperson	71528
receives for serving on the board.	71529

The division shall provide the board with such offices and	71530
such clerical, professional, and other assistance as may be	71531
reasonably necessary for the board to carry on its work. The	71532
division shall maintain accurate copies of the board's rules as	71533
promulgated in accordance with division (B) of this section and	71534
shall keep all of the board's records, including business records,	71535
and inspection reports as well as its own records and reports. The	71536
cost of administering the board and conducting inspections shall	71537
be included in the budget of the division based on revenues	71538
generated by the registration fees established under section	71539
4169.03 of the Revised Code.	71540

(B) In accordance with Chapter 119. of the Revised Code, the	71541
board shall adopt and may amend or rescind rules relating to	71542
public safety in the construction, maintenance, mechanical	71543
operation, and inspection of passenger tramways. The rules shall	71544
be in accordance with established standards in the business of ski	71545
area operation, if any, and shall not discriminate in their	71546
application to ski area operators.	71547

No person shall violate the rules of the board.

71548

(C) The authority of the board shall not extend to any matter	71549
relative to the operation of a ski area other than the	71550
construction, maintenance, mechanical operation, and inspection of	71551
passenger tramways.	71552

(D) A majority of the board constitutes a quorum and may	71553
perform and exercise all the duties and powers devolving upon the	71554
board.	71555

Sec. 4169.03. (A) Before a passenger tramway operator may	71556
operate any passenger tramway in the state, the operator shall	71557
apply to the ski tramway board, on forms prepared by it, for	71558
registration by the board. The application shall contain an	71559
inventory of the passenger tramways that the applicant intends to	71560
operate and other information as the board may reasonably require	71561
and shall be accompanied by the following annual fees:	71562

(1) Each aerial passenger tramway, five hundred dollars;

71563

(2) Each skimobile, two hundred dollars;

71564

(3) Each chair lift, two hundred dollars;

71565

(4) Each J bar, T bar, or platter pull, one hundred dollars;

71566

(5) Each rope tow, fifty dollars;

71567

(6) Each wire rope tow, seventy-five dollars;

71568

(7) Each conveyor, one hundred dollars.

71569

When an operator operates an aerial passenger tramway, a	71570
skimobile, or a chair lift during both a winter and summer season,	71571
the annual fee shall be one and one-half the above amount for the	71572
respective passenger tramway.	71573

(B) Upon payment of the appropriate annual fees in accordance	71574
with division (A) of this section, the board shall issue a	71575
registration certificate to the operator. Each certificate shall	71576
remain in force until the thirtieth day of September next ensuing.	71577
The board shall renew an operator's certificate in accordance with	71578
the standard renewal procedure in Chapter 4745. of the Revised	71579
Code upon payment of the appropriate annual fees.	71580

(C) Money received from the registration fees and from the	71581
fines collected pursuant to section 4169.99 of the Revised Code	71582
shall be paid into the state treasury to the credit of the	71583
~~industrial compliance~~labor operating fund created in section	71584
121.084 of the Revised Code.	71585

(D) No person shall operate a passenger tramway in this state	71586
unless the person has been registered by the board.	71587

Sec. 4169.04. (A) The division of ~~industrial compliance~~	71588
labor in the department of commerce shall make such inspection of	71589
the construction, maintenance, and mechanical operation of	71590
passenger tramways as the ski tramway board may reasonably	71591
require. The division may contract with other qualified engineers	71592
to make such inspection or may accept the inspection report by any	71593
qualified inspector of an insurance company authorized to insure	71594
passenger tramways in this state.	71595

(B) If, as the result of an inspection, an employee of the	71596
division or other agent with whom the division has contracted	71597
finds that a violation of the board's rules exists or a condition	71598
in passenger tramway construction, maintenance, or mechanical	71599
operation exists that endangers public safety, the employee or	71600
agent shall make an immediate report to the board for appropriate	71601
investigation and order.	71602

Sec. 4171.04. (A) Before a person may operate any roller	71603
skating rink in the state, the person shall:	71604

(1) Apply to the superintendent of ~~the division of industrial~~	71605
~~compliance~~labor in the department of commerce on forms designated	71606
by the superintendent for a certificate of registration;	71607

(2) Provide an inventory of all the roller skating rinks that	71608
the applicant intends to operate, and any other information the	71609
superintendent may reasonably require on the application;	71610

(3) Include with the application a registration fee of	71611
twenty-five dollars for each roller skating rink to be operated by	71612
the applicant.	71613

(B) Upon compliance with division (A) of this section, the	71614
superintendent shall issue a certificate of registration to the	71615
operator for each roller skating rink to be operated by the	71616
applicant. Each certificate shall remain in force as follows:	71617

(1) Until the thirty-first day of December next ensuing; or

71618

(2) For sixty days after the dissolution of a partnership.

71619

(C) In case of the dissolution of a partnership by death, the	71620
surviving partner or partners may operate a roller skating rink	71621
pursuant to the certificate of registration obtained by the	71622
partnership in accordance with this chapter for a period of sixty	71623
days following dissolution. The heirs or representatives of	71624
deceased persons and receivers or trustees in bankruptcy appointed	71625
by any competent authority may operate under the certificate of	71626
registration of the person succeeded in possession.	71627

(D) The superintendent shall renew an operator's certificate	71628
of registration in accordance with the standard license renewal	71629
procedure set forth in Chapter 4745. of the Revised Code upon	71630
payment of a renewal fee of twenty-five dollars for each roller	71631
skating rink to be operated by the applicant.	71632

(E) Money received from the registration and renewal fees	71633
collected pursuant to this chapter shall be paid into the state	71634
treasury to the credit of the ~~industrial compliance~~labor	71635
operating fund created in section 121.084 of the Revised Code.	71636

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	71637
the Revised Code:	71638

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	71639
fluid ounces.	71640

(2) "Sale" or "sell" includes exchange, barter, gift,	71641
distribution, and, except with respect to A-4 permit holders,	71642
offer for sale.	71643

(B) For the purposes of providing revenues for the support of	71644
the state and encouraging the grape industries in the state, a tax	71645
is hereby levied on the sale or distribution of wine in Ohio,	71646
except for known sacramental purposes, at the rate of thirty cents	71647
per wine gallon for wine containing not less than four per cent of	71648
alcohol by volume and not more than fourteen per cent of alcohol	71649
by volume, ninety-eight cents per wine gallon for wine containing	71650
more than fourteen per cent but not more than twenty-one per cent	71651
of alcohol by volume, one dollar and eight cents per wine gallon	71652
for vermouth, and one dollar and forty-eight cents per wine gallon	71653
for sparkling and carbonated wine and champagne, the tax to be	71654
paid by the holders of A-2 and B-5 permits or by any other person	71655
selling or distributing wine upon which no tax has been paid. From	71656
the tax paid under this section on wine, vermouth, and sparkling	71657
and carbonated wine and champagne, the treasurer of state shall	71658
credit to the Ohio grape industries fund created under section	71659
924.54 of the Revised Code a sum equal to one cent per gallon for	71660
each gallon upon which the tax is paid.	71661

(C) For the purpose of providing revenues for the support of	71662
the state, there is hereby levied a tax on prepared and bottled	71663
highballs, cocktails, cordials, and other mixed beverages at the	71664
rate of one dollar and twenty cents per wine gallon to be paid by	71665
holders of A-4 permits or by any other person selling or	71666
distributing those products upon which no tax has been paid. Only	71667
one sale of the same article shall be used in computing the amount	71668
of tax due. The tax on mixed beverages to be paid by holders of	71669
A-4 permits under this section shall not attach until the	71670
ownership of the mixed beverage is transferred for valuable	71671
consideration to a wholesaler or retailer, and no payment of the	71672
tax shall be required prior to that time.	71673

(D) During the period of July 1, ~~2007~~2009, through June 30,	71674
~~2009~~2011, from the tax paid under this section on wine, vermouth,	71675
and sparkling and carbonated wine and champagne, the treasurer of	71676
state shall credit to the Ohio grape industries fund created under	71677
section 924.54 of the Revised Code a sum equal to two cents per	71678
gallon upon which the tax is paid. The amount credited under this	71679
division is in addition to the amount credited to the Ohio grape	71680
industries fund under division (B) of this section.	71681

(E) For the purpose of providing revenues for the support of	71682
the state, there is hereby levied a tax on cider at the rate of	71683
twenty-four cents per wine gallon to be paid by the holders of A-2	71684
and B-5 permits or by any other person selling or distributing	71685
cider upon which no tax has been paid. Only one sale of the same	71686
article shall be used in computing the amount of the tax due.	71687

Sec. 4303.331. No permit holder shall purchase and import	71688
into this state any beer from any manufacturer, bottler, importer,	71689
wholesale dealer, or broker outside this state and within the	71690
United States unless and until such manufacturer, bottler,	71691
importer, wholesale dealer, or broker registers with the tax	71692
commissioner and supplies such information as the commissioner may	71693
require.	71694

The commissioner may, by rule, require any registrant to file	71695
with the commissioner a bond payable to the state in such form and	71696
amount as the commissioner prescribes with surety to the	71697
satisfaction of the tax commissioner conditioned upon the making	71698
of the report to be made to the tax commissioner and the payment	71699
to the tax commissioner of taxes levied by sections 4301.42 and	71700
4305.01 of the Revised Code, all as provided in section 4303.33 of	71701
the Revised Code.	71702

Any such manufacturer, bottler, importer, wholesale dealer,	71703
or broker shall, as a part of such registration, make the	71704
secretary of state its agent for the service of process or notice	71705
of any assessment, action, or proceedings instituted in the state	71706
against such person under sections 4303.33, 4301.42, and 4305.01	71707
of the Revised Code.	71708

Such process or notice shall be served~~, by the officer to~~	71709
~~whom it is directed or by the tax commissioner, or by the sheriff~~	71710
~~of Franklin county, who may be deputized for such purpose by the~~	71711
~~officer to whom the service is directed, upon the secretary of~~	71712
~~state by leaving at the office of the secretary of state, at least~~	71713
~~fifteen days before the return day of such process or notice, a~~	71714
~~true and attested copy thereof, and by sending to the defendant by~~	71715
~~certified mail, postage prepaid, a like and true attested copy,~~	71716
~~with an endorsement thereon of the service upon the secretary of~~	71717
~~state, addressed to such defendant at the address listed in the~~	71718
~~registration or at the defendant's last known address~~in	71719
accordance with section 5703.37 of the Revised Code.	71720

Any B-1 permit holder who purchases beer from any	71721
manufacturer, bottler, importer, wholesale dealer, or broker	71722
outside this state and within the United States who has not	71723
registered with the tax commissioner and filed a bond as provided	71724
in this section shall be liable for any tax due on any beer	71725
purchased from such unregistered manufacturer, bottler, importer,	71726
wholesale dealer, or broker and shall be subject to any penalties	71727
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised	71728
Code.	71729

Any B-1 permit holder who purchases beer from any	71730
manufacturer, bottler, importer, wholesale dealer, or broker	71731
outside this state and within the United States who has complied	71732
with this section shall not be liable for any tax due to the state	71733
on any beer purchased from any such manufacturer, bottler,	71734
importer, wholesale dealer, or broker.	71735

All money collected by the tax commissioner under this	71736
section shall be paid to the treasurer of state as revenue arising	71737
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	71738
4305.01 of the Revised Code.	71739

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	71740
referred to in division (O) of section 4503.04, division (E) of	71741
section 4503.042, division (B) of section 4503.07, division	71742
(C)(1) of section 4503.10, division (D) of section 4503.182,	71743
division (A) of section 4503.19, division (D)(2) of section	71744
4507.24, division (A) of section 4508.06, and sections 4503.40,	71745
4503.42, 4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05,	71746
4923.12, and 5502.12 of the Revised Code, and the taxes charged	71747
in section 4503.65 that are distributed in accordance with	71748
division (A)(2) of section 4501.044 of the Revised Code unless	71749
otherwise designated by law, shall be deposited in the state	71750
treasury to the credit of the state highway safety fund, which	71751
is hereby created, and shall, after receipt of certifications	71752
from the commissioners of the sinking fund certifying, as	71753
required by sections 5528.15 and 5528.35 of the Revised Code,	71754
that there are sufficient moneys to the credit of the highway	71755
improvement bond retirement fund created by section 5528.12 of	71756
the Revised Code to meet in full all payments of interest,	71757
principal, and charges for the retirement of bonds and other	71758
obligations issued pursuant to Section 2g of Article VIII, Ohio	71759
Constitution, and sections 5528.10 and 5528.11 of the Revised	71760
Code due and payable during the current calendar year, and that	71761
there are sufficient moneys to the credit of the highway	71762
obligations bond retirement fund created by section 5528.32 of	71763
the Revised Code to meet in full all payments of interest,	71764
principal, and charges for the retirement of highway obligations	71765
issued pursuant to Section 2i of Article VIII, Ohio	71766
Constitution, and sections 5528.30 and 5528.31 of the Revised	71767
Code due and payable during the current calendar year, be used	71768
for the purpose of enforcing and paying the expenses of	71769
administering the law relative to the registration and operation	71770
of motor vehicles on the public roads or highways. Amounts	71771
credited to the fund may also be used to pay the expenses of	71772
administering and enforcing the laws under which such fees were	71773
collected. All investment earnings of the state highway safety	71774
fund shall be credited to the fund.	71775

Sec. 4501.24. There is hereby created in the state treasury	71776
the scenic rivers protection fund. The fund shall consist of the	71777
contributions not to exceed forty dollars that are paid to the	71778
registrar of motor vehicles by applicants who voluntarily choose	71779
to obtain scenic rivers license plates pursuant to section 4503.56	71780
of the Revised Code.	71781

The contributions deposited in the fund shall be used by the	71782
department of natural resources to help finance wild, scenic, and	71783
recreational river areas conservation, education, ~~scenic river~~	71784
corridor protection ~~and~~, restoration, ~~scenic river~~and habitat	71785
enhancement, and clean-up projects along ~~scenic~~ rivers in those	71786
areas. The chief of the division of watercraft in the department	71787
may expend money in the fund for the acquisition of wild, scenic,	71788
and recreational river areas, for the maintenance, protection, and	71789
administration of such areas, and for construction of facilities	71790
within those areas. All investment earnings of the fund shall be	71791
credited to the fund.	71792

As used in this section, "wild river areas," "scenic river	71793
areas," and "recreational river areas" have the same meanings as	71794
in section 1547.01 of the Revised Code.	71795

Sec. 4501.243. There is hereby created in the state	71796
treasury the Ohio nature preserves fund. The fund shall consist	71797
of the contributions that are paid to the registrar of motor	71798
vehicles by applicants who obtain Ohio nature preserves license	71799
plates pursuant to section 4503.563 of the Revised Code. All	71800
investment earnings of the fund shall be credited to the fund.	71801

The department of natural resources shall use the money in	71802
the fund to help finance nature preserve education, nature	71803
preserve clean-up projects, and nature preserve maintenance,	71804
protection, and restoration.	71805

Sec. 4501.29. The department of administrative services shall	71806
collect user fees from participants in the multi-agency radio	71807
communications system (MARCS). The director of administrative	71808
services, with the advice of the MARCS steering committee and the	71809
consent of the director of budget and management, shall determine	71810
the amount of the user fees and the manner by which the fees shall	71811
be collected. All moneys from user fees shall be deposited in the	71812
MARCS administration fund, which is hereby created in the state	71813
treasury. All investment earnings on moneys in the fund shall be	71814
credited to the fund.	71815

Sec. 4503.068. On or before the second Monday in September	71816
of each year, the county treasurer shall total the amount by which	71817
the manufactured home taxes levied in that year were reduced	71818
pursuant to section 4503.065 of the Revised Code, and certify	71819
that amount to the tax commissioner. Within ninety days of the	71820
receipt of the certification, the commissioner shall ~~certify that~~	71821
~~amount to the director of budget and management and the director~~	71822
~~shall make two payments from the general revenue fund in favor of~~	71823
~~the county treasurer. One shall be in the full amount by which~~	71824
~~taxes were reduced. The other shall be in an amount equal to two~~	71825
~~per cent of such amount and shall be a payment~~provide for	71826
payment to the county treasurer, from the general revenue fund,	71827
of the amount certified, which shall be credited upon receipt to	71828
the county's undivided income tax fund, and an amount equal to	71829
two per cent of the amount by which taxes were reduced, which	71830
shall be credited upon receipt to the county general fund as a	71831
payment, in addition to the fees and charges authorized by	71832
sections 319.54 and 321.26 of the Revised Code, to the county	71833
auditor and county treasurer for the costs of administering	71834
sections 4503.064 to 4503.069 of the Revised Code.	71835

Immediately upon receipt of ~~the payment in the full amount by~~	71836
~~which taxes were reduced, the full amount of the payment shall be~~	71837
~~distributed~~funds into the county undivided income tax fund under	71838
this section, the county auditor shall distribute the full amount	71839
thereof among the taxing districts in the county as though it had	71840
been received as taxes under section 4503.06 of the Revised Code	71841
from each person for whom taxes were reduced under section	71842
4503.065 of the Revised Code.	71843

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	71844
motorcycle, and all-purpose vehicle required to be registered	71845
under section 4519.02 of the Revised Code shall file an	71846
application for registration under section 4519.03 of the Revised	71847
Code. The owner of a motor vehicle, other than a snowmobile,	71848
off-highway motorcycle, or all-purpose vehicle, that is not	71849
designed and constructed by the manufacturer for operation on a	71850
street or highway may not register it under this chapter except	71851
upon certification of inspection pursuant to section 4513.02 of	71852
the Revised Code by the sheriff, or the chief of police of the	71853
municipal corporation or township, with jurisdiction over the	71854
political subdivision in which the owner of the motor vehicle	71855
resides. Except as provided in section 4503.103 of the Revised	71856
Code, every owner of every other motor vehicle not previously	71857
described in this section and every person mentioned as owner in	71858
the last certificate of title of a motor vehicle that is operated	71859
or driven upon the public roads or highways shall cause to be	71860
filed each year, by mail or otherwise, in the office of the	71861
registrar of motor vehicles or a deputy registrar, a written or	71862
electronic application or a preprinted registration renewal notice	71863
issued under section 4503.102 of the Revised Code, the form of	71864
which shall be prescribed by the registrar, for registration for	71865
the following registration year, which shall begin on the first	71866
day of January of every calendar year and end on the thirty-first	71867
day of December in the same year. Applications for registration	71868
and registration renewal notices shall be filed at the times	71869
established by the registrar pursuant to section 4503.101 of the	71870
Revised Code. A motor vehicle owner also may elect to apply for or	71871
renew a motor vehicle registration by electronic means using	71872
electronic signature in accordance with rules adopted by the	71873
registrar. Except as provided in division (J) of this section,	71874
applications for registration shall be made on blanks furnished by	71875
the registrar for that purpose, containing the following	71876
information:	71877

(1) A brief description of the motor vehicle to be	71878
registered, including the year, make, model, and vehicle	71879
identification number, and, in the case of commercial cars, the	71880
gross weight of the vehicle fully equipped computed in the manner	71881
prescribed in section 4503.08 of the Revised Code;	71882

(2) The name and residence address of the owner, and the	71883
township and municipal corporation in which the owner resides;	71884

(3) The district of registration, which shall be determined	71885
as follows:	71886

(a) In case the motor vehicle to be registered is used for	71887
hire or principally in connection with any established business or	71888
branch business, conducted at a particular place, the district of	71889
registration is the municipal corporation in which that place is	71890
located or, if not located in any municipal corporation, the	71891
county and township in which that place is located.	71892

(b) In case the vehicle is not so used, the district of	71893
registration is the municipal corporation or county in which the	71894
owner resides at the time of making the application.	71895

(4) Whether the motor vehicle is a new or used motor vehicle;

71896

(5) The date of purchase of the motor vehicle;

71897

(6) Whether the fees required to be paid for the registration	71898
or transfer of the motor vehicle, during the preceding	71899
registration year and during the preceding period of the current	71900
registration year, have been paid. Each application for	71901
registration shall be signed by the owner, either manually or by	71902
electronic signature, or pursuant to obtaining a limited power of	71903
attorney authorized by the registrar for registration, or other	71904
document authorizing such signature. If the owner elects to apply	71905
for or renew the motor vehicle registration with the registrar by	71906
electronic means, the owner's manual signature is not required.	71907

(7) The owner's social security number, driver's license	71908
number, or state identification number, or, where a motor vehicle	71909
to be registered is used for hire or principally in connection	71910
with any established business, the owner's federal taxpayer	71911
identification number. The bureau of motor vehicles shall retain	71912
in its records all social security numbers provided under this	71913
section, but the bureau shall not place social security numbers on	71914
motor vehicle certificates of registration.	71915

(B) Except as otherwise provided in this division, each time	71916
an applicant first registers a motor vehicle in the applicant's	71917
name, the applicant shall present for inspection a physical	71918
certificate of title or memorandum certificate showing title to	71919
the motor vehicle to be registered in the name of the applicant if	71920
a physical certificate of title or memorandum certificate has	71921
been issued by a clerk of a court of common pleas. If, under	71922
sections 4505.021, 4505.06, and 4505.08 of the Revised Code, a	71923
clerk instead has issued an electronic certificate of title for	71924
the applicant's motor vehicle, that certificate may be presented	71925
for inspection at the time of first registration in a manner	71926
prescribed by rules adopted by the registrar. An applicant is not	71927
required to present a certificate of title to an electronic motor	71928
vehicle dealer acting as a limited authority deputy registrar in	71929
accordance with rules adopted by the registrar. When a motor	71930
vehicle inspection and maintenance program is in effect under	71931
section 3704.14 of the Revised Code and rules adopted under it,	71932
each application for registration for a vehicle required to be	71933
inspected under that section and those rules shall be accompanied	71934
by an inspection certificate for the motor vehicle issued in	71935
accordance with that section. The application shall be refused if	71936
any of the following applies:	71937

(1) The application is not in proper form.

71938

(2) The application is prohibited from being accepted by	71939
division (D) of section 2935.27, division (A) of section 2937.221,	71940
division (A) of section 4503.13, division (B) of section 4510.22,	71941
or division (B)(1) of section 4521.10 of the Revised Code.	71942

(3) A certificate of title or memorandum certificate of title	71943
is required but does not accompany the application or, in the case	71944
of an electronic certificate of title, is required but is not	71945
presented in a manner prescribed by the registrar's rules.	71946

(4) All registration and transfer fees for the motor vehicle,	71947
for the preceding year or the preceding period of the current	71948
registration year, have not been paid.	71949

(5) The owner or lessee does not have an inspection	71950
certificate for the motor vehicle as provided in section 3704.14	71951
of the Revised Code, and rules adopted under it, if that section	71952
is applicable.	71953

This section does not require the payment of license or	71954
registration taxes on a motor vehicle for any preceding year, or	71955
for any preceding period of a year, if the motor vehicle was not	71956
taxable for that preceding year or period under sections 4503.02,	71957
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	71958
Revised Code. When a certificate of registration is issued upon	71959
the first registration of a motor vehicle by or on behalf of the	71960
owner, the official issuing the certificate shall indicate the	71961
issuance with a stamp on the certificate of title or memorandum	71962
certificate or, in the case of an electronic certificate of title,	71963
an electronic stamp or other notation as specified in rules	71964
adopted by the registrar, and with a stamp on the inspection	71965
certificate for the motor vehicle, if any. The official also shall	71966
indicate, by a stamp or by other means the registrar prescribes,	71967
on the registration certificate issued upon the first registration	71968
of a motor vehicle by or on behalf of the owner the odometer	71969
reading of the motor vehicle as shown in the odometer statement	71970
included in or attached to the certificate of title. Upon each	71971
subsequent registration of the motor vehicle by or on behalf of	71972
the same owner, the official also shall so indicate the odometer	71973
reading of the motor vehicle as shown on the immediately preceding	71974
certificate of registration.	71975

The registrar shall include in the permanent registration	71976
record of any vehicle required to be inspected under section	71977
3704.14 of the Revised Code the inspection certificate number from	71978
the inspection certificate that is presented at the time of	71979
registration of the vehicle as required under this division.	71980

(C)(1) Except as otherwise provided in division (C)(1) of	71981
this section, for each registration renewal with an expiration	71982
date on or after October 1, 2003, and for each initial	71983
application for registration received on and after that date,	71984
the registrar and each deputy registrar shall collect an	71985
additional fee of eleven dollars for each application for	71986
registration and registration renewal received. For vehicles	71987
specified in divisions (A)(1) to (21) of section 4503.042 of the	71988
Revised Code, commencing with each registration renewal with an	71989
expiration date on or after October 1, 2009, and for each	71990
initial application received on or after that date, the registrar	71991
and deputy registrar shall collect an additional fee of thirty	71992
dollars for each application for registration and registration	71993
renewal received. The additional fee is for the purpose of	71994
defraying the department of public safety's costs associated with	71995
the administration and enforcement of the motor vehicle and	71996
traffic laws of Ohio. Each deputy registrar shall transmit the	71997
fees collected under division (C)(1) of this section in the time	71998
and manner provided in this section. The registrar shall deposit	71999
all moneys received under division (C)(1) of this section into	72000
the state highway safety fund established in section 4501.06 of	72001
the Revised Code.	72002

(2) In addition, a charge of twenty-five cents shall be made	72003
for each reflectorized safety license plate issued, and a single	72004
charge of twenty-five cents shall be made for each county	72005
identification sticker or each set of county identification	72006
stickers issued, as the case may be, to cover the cost of	72007
producing the license plates and stickers, including material,	72008
manufacturing, and administrative costs. Those fees shall be in	72009
addition to the license tax. If the total cost of producing the	72010
plates is less than twenty-five cents per plate, or if the total	72011
cost of producing the stickers is less than twenty-five cents per	72012
sticker or per set issued, any excess moneys accruing from the	72013
fees shall be distributed in the same manner as provided by	72014
section 4501.04 of the Revised Code for the distribution of	72015
license tax moneys. If the total cost of producing the plates	72016
exceeds twenty-five cents per plate, or if the total cost of	72017
producing the stickers exceeds twenty-five cents per sticker or	72018
per set issued, the difference shall be paid from the license tax	72019
moneys collected pursuant to section 4503.02 of the Revised Code.	72020

(D) Each deputy registrar shall be allowed a fee of three	72021
dollars and fifty cents for each application for registration and	72022
registration renewal notice the deputy registrar receives, which	72023
shall be for the purpose of compensating the deputy registrar for	72024
the deputy registrar's services, and such office and rental	72025
expenses, as may be necessary for the proper discharge of the	72026
deputy registrar's duties in the receiving of applications and	72027
renewal notices and the issuing of registrations.	72028

(E) Upon the certification of the registrar, the county	72029
sheriff or local police officials shall recover license plates	72030
erroneously or fraudulently issued.	72031

(F) Each deputy registrar, upon receipt of any application	72032
for registration or registration renewal notice, together with the	72033
license fee and any local motor vehicle license tax levied	72034
pursuant to Chapter 4504. of the Revised Code, shall transmit that	72035
fee and tax, if any, in the manner provided in this section,	72036
together with the original and duplicate copy of the application,	72037
to the registrar. The registrar, subject to the approval of the	72038
director of public safety, may deposit the funds collected by	72039
those deputies in a local bank or depository to the credit of the	72040
"state of Ohio, bureau of motor vehicles." Where a local bank or	72041
depository has been designated by the registrar, each deputy	72042
registrar shall deposit all moneys collected by the deputy	72043
registrar into that bank or depository not more than one business	72044
day after their collection and shall make reports to the	72045
registrar of the amounts so deposited, together with any other	72046
information, some of which may be prescribed by the treasurer of	72047
state, as the registrar may require and as prescribed by the	72048
registrar by rule. The registrar, within three days after receipt	72049
of notification of the deposit of funds by a deputy registrar in a	72050
local bank or depository, shall draw on that account in favor of	72051
the treasurer of state. The registrar, subject to the approval of	72052
the director and the treasurer of state, may make reasonable rules	72053
necessary for the prompt transmittal of fees and for safeguarding	72054
the interests of the state and of counties, townships, municipal	72055
corporations, and transportation improvement districts levying	72056
local motor vehicle license taxes. The registrar may pay service	72057
charges usually collected by banks and depositories for such	72058
service. If deputy registrars are located in communities where	72059
banking facilities are not available, they shall transmit the fees	72060
forthwith, by money order or otherwise, as the registrar, by rule	72061
approved by the director and the treasurer of state, may	72062
prescribe. The registrar may pay the usual and customary fees for	72063
such service.	72064

(G) This section does not prevent any person from making an	72065
application for a motor vehicle license directly to the registrar	72066
by mail, by electronic means, or in person at any of the	72067
registrar's offices, upon payment of a service fee of three	72068
dollars and fifty cents for each application.	72069

(H) No person shall make a false statement as to the district	72070
of registration in an application required by division (A) of this	72071
section. Violation of this division is falsification under section	72072
2921.13 of the Revised Code and punishable as specified in that	72073
section.	72074

(I)(1) Where applicable, the requirements of division (B) of	72075
this section relating to the presentation of an inspection	72076
certificate issued under section 3704.14 of the Revised Code and	72077
rules adopted under it for a motor vehicle, the refusal of a	72078
license for failure to present an inspection certificate, and the	72079
stamping of the inspection certificate by the official issuing the	72080
certificate of registration apply to the registration of and	72081
issuance of license plates for a motor vehicle under sections	72082
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	72083
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	72084
4503.47, and 4503.51 of the Revised Code.	72085

(2)(a) The registrar shall adopt rules ensuring that each	72086
owner registering a motor vehicle in a county where a motor	72087
vehicle inspection and maintenance program is in effect under	72088
section 3704.14 of the Revised Code and rules adopted under it	72089
receives information about the requirements established in that	72090
section and those rules and about the need in those counties to	72091
present an inspection certificate with an application for	72092
registration or preregistration.	72093

(b) Upon request, the registrar shall provide the director of	72094
environmental protection, or any person that has been awarded a	72095
contract under ~~division (D) of~~ section 3704.14 of the Revised	72096
Code, an on-line computer data link to registration information	72097
for all passenger cars, noncommercial motor vehicles, and	72098
commercial cars that are subject to that section. The registrar	72099
also shall provide to the director of environmental protection a	72100
magnetic data tape containing registration information regarding	72101
passenger cars, noncommercial motor vehicles, and commercial cars	72102
for which a multi-year registration is in effect under section	72103
4503.103 of the Revised Code or rules adopted under it, including,	72104
without limitation, the date of issuance of the multi-year	72105
registration, the registration deadline established under rules	72106
adopted under section 4503.101 of the Revised Code that was	72107
applicable in the year in which the multi-year registration was	72108
issued, and the registration deadline for renewal of the	72109
multi-year registration.	72110

(J) ~~Application~~Subject to division (K) of this section,	72111
application for registration under the international registration	72112
plan, as set forth in sections 4503.60 to 4503.66 of the Revised	72113
Code, shall be made to the registrar on forms furnished by the	72114
registrar. In accordance with international registration plan	72115
guidelines and pursuant to rules adopted by the registrar, the	72116
forms shall include the following:	72117

(1) A uniform mileage schedule;

72118

(2) The gross vehicle weight of the vehicle or combined gross	72119
vehicle weight of the combination vehicle as declared by the	72120
registrant;	72121

(3) Any other information the registrar requires by rule.

72122

(K) The registrar shall determine the feasibility of	72123
implementing an electronic commercial fleet licensing and	72124
management program that will enable the owners of commercial	72125
tractors, commercial trailers, and commercial semitrailers to	72126
conduct electronic transactions by July 1, 2010, or sooner. If	72127
the registrar determines that implementing such a program is	72128
feasible, the registrar shall adopt new rules under this division	72129
or amend existing rules adopted under this division as necessary	72130
in order to respond to advances in technology.	72131

If international registration plan guidelines and provisions	72132
allow member jurisdictions to permit applications for	72133
registrations under the international registration plan to be made	72134
via the internet, the rules the registrar adopts under this	72135
division shall permit such action.	72136

Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles	72137
may adopt rules to permit any person or lessee, other than a	72138
person receiving an apportioned license plate under the	72139
international registration plan, who owns or leases one or more	72140
motor vehicles to file a written application for registration for	72141
no more than five succeeding registration years. The rules adopted	72142
by the registrar may designate the classes of motor vehicles that	72143
are eligible for such registration. At the time of application,	72144
all annual taxes and fees shall be paid for each year for which	72145
the person is registering.	72146

(ii) Not later than October 1, 2009, the registrar shall	72147
adopt rules to permit any person or lessee who owns or leases ~~two~~	72148
~~or more trailers~~a trailer or ~~semitrailers~~semitrailer that ~~are~~is	72149
subject to the tax rates prescribed in section 4503.042 of the	72150
Revised Code for such trailers or semitrailers to file a written	72151
application for registration for not more than five succeeding	72152
registration years. At the time of application, all annual taxes	72153
and fees shall be paid for each year for which the person is	72154
registering. A person who registers a vehicle under division	72155
(A)(1)(a)(ii) of this section shall pay for each year of	72156
registration the additional fee established under division (C)(1)	72157
of section 4503.10 of the Revised Code. The person also shall pay	72158
for each year of registration the deputy registrar service fee	72159
specified in division (D) of section 4503.10 of the Revised Code	72160
or the bureau of motor vehicles service fee specified in division	72161
(G) of that section, as applicable.	72162

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	72163
section, the registrar shall adopt rules to permit any person who	72164
owns a motor vehicle to file an application for registration for	72165
the next two succeeding registration years. At the time of	72166
application, the person shall pay the annual taxes and fees for	72167
each registration year, calculated in accordance with division (C)	72168
of section 4503.11 of the Revised Code. A person who is	72169
registering a vehicle under division (A)(1)(b) of this section	72170
shall pay for each year of registration the additional fee	72171
established under division (C)(1) of section 4503.10 of the	72172
Revised Code. The person shall also pay ~~one and one-half times~~for	72173
each year of registration the amount of the deputy registrar	72174
service fee specified in division (D) of section 4503.10 of the	72175
Revised Code or the bureau of motor vehicles service fee	72176
specified in division (G) of that section, as applicable.	72177

(ii) Division (A)(1)(b)(i) of this section does not apply to	72178
a person receiving an apportioned license plate under the	72179
international registration plan, or the owner of a commercial car	72180
used solely in intrastate commerce, or the owner of a bus as	72181
defined in section 4513.50 of the Revised Code.	72182

(2) No person applying for a multi-year registration under	72183
division (A)(1) of this section is entitled to a refund of any	72184
taxes or fees paid.	72185

(3) The registrar shall not issue to any applicant who has	72186
been issued a final, nonappealable order under division (B) of	72187
this section a multi-year registration or renewal thereof under	72188
this division or rules adopted under it for any motor vehicle that	72189
is required to be inspected under section 3704.14 of the Revised	72190
Code the district of registration of which, as determined under	72191
section 4503.10 of the Revised Code, is or is located in the	72192
county named in the order.	72193

(B) Upon receipt from the director of environmental	72194
protection of a notice issued under rules adopted under section	72195
3704.14 of the Revised Code indicating that an owner of a motor	72196
vehicle that is required to be inspected under that section who	72197
obtained a multi-year registration for the vehicle under division	72198
(A) of this section or rules adopted under that division has not	72199
obtained a required inspection certificate for the vehicle, the	72200
registrar in accordance with Chapter 119. of the Revised Code	72201
shall issue an order to the owner impounding the certificate of	72202
registration and identification license plates for the vehicle.	72203
The order also shall prohibit the owner from obtaining or renewing	72204
a multi-year registration for any vehicle that is required to be	72205
inspected under that section, the district of registration of	72206
which is or is located in the same county as the county named in	72207
the order during the number of years after expiration of the	72208
current multi-year registration that equals the number of years	72209
for which the current multi-year registration was issued.	72210

An order issued under this division shall require the owner	72211
to surrender to the registrar the certificate of registration and	72212
license plates for the vehicle named in the order within five days	72213
after its issuance. If the owner fails to do so within that time,	72214
the registrar shall certify that fact to the county sheriff or	72215
local police officials who shall recover the certificate of	72216
registration and license plates for the vehicle.	72217

(C) Upon the occurrence of either of the following	72218
circumstances, the registrar in accordance with Chapter 119. of	72219
the Revised Code shall issue to the owner a modified order	72220
rescinding the provisions of the order issued under division (B)	72221
of this section impounding the certificate of registration and	72222
license plates for the vehicle named in that original order:	72223

(1) Receipt from the director of environmental protection of	72224
a subsequent notice under rules adopted under section 3704.14 of	72225
the Revised Code that the owner has obtained the inspection	72226
certificate for the vehicle as required under those rules;	72227

(2) Presentation to the registrar by the owner of the	72228
required inspection certificate for the vehicle.	72229

(D) The owner of a motor vehicle for which the certificate of	72230
registration and license plates have been impounded pursuant to an	72231
order issued under division (B) of this section, upon issuance of	72232
a modified order under division (C) of this section, may apply to	72233
the registrar for their return. A fee of two dollars and fifty	72234
cents shall be charged for the return of the certificate of	72235
registration and license plates for each vehicle named in the	72236
application.	72237

Sec. 4503.563. (A) The owner or lessee of any passenger	72238
car, noncommercial motor vehicle, recreational vehicle, or other	72239
vehicle of a class approved by the registrar of motor vehicles may	72240
apply to the registrar for the registration of the vehicle and	72241
issuance of Ohio nature preserves license plates. The application	72242
for Ohio nature preserves license plates may be combined with a	72243
request for a special reserved license plate under section 4503.40	72244
or 4503.42 of the Revised Code. Upon receipt of the completed	72245
application and compliance with division (B) of this section, the	72246
registrar shall issue to the applicant the appropriate vehicle	72247
registration and a set of Ohio nature preserves license plates	72248
with a validation sticker or a validation sticker alone when	72249
required by section 4503.191 of the Revised Code.	72250

In addition to the letters and numbers ordinarily inscribed	72251
thereon, Ohio nature preserves license plates shall be inscribed	72252
with identifying words or markings designed by the department of	72253
natural resources and approved by the registrar. Ohio nature	72254
preserves license plates shall bear county identification stickers	72255
that identify the county of registration by name or number.	72256

(B) The Ohio nature preserves license plates and validation	72257
sticker shall be issued upon receipt of a contribution as provided	72258
in division (C) of this section and upon payment of the regular	72259
license fees as prescribed under section 4503.04 of the Revised	72260
Code, a bureau of motor vehicles administrative fee of ten	72261
dollars, any applicable motor vehicle tax levied under Chapter	72262
4504. of the Revised Code, and compliance with all other	72263
applicable laws relating to the registration of motor vehicles. If	72264
the application for Ohio nature preserves license plates is	72265
combined with a request for a special reserved license plate under	72266
section 4503.40 or 4503.42 of the Revised Code, the license plates	72267
and validation sticker shall be issued upon payment of the	72268
contribution, fees, and taxes contained in this division and the	72269
additional fee prescribed under section 4503.40 or 4503.42 of the	72270
Revised Code.	72271

(C) For each application for registration and registration	72272
renewal submitted under this section, the registrar shall collect	72273
a contribution in an amount not to exceed forty dollars as	72274
determined by the department. The registrar shall transmit this	72275
contribution to the treasurer of state for deposit in the Ohio	72276
nature preserves fund created in section 4501.243 of the Revised	72277
Code.	72278

The registrar shall deposit the ten-dollar bureau	72279
administrative fee, the purpose of which is to compensate the	72280
bureau for additional services required in issuing Ohio nature	72281
preserves license plates, in the state bureau of motor vehicles	72282
fund created in section 4501.25 of the Revised Code.	72283

Sec. 4505.01. (A) As used in this chapter:

72284

(1) "Lien" includes, unless the context requires a different	72285
meaning, a security interest in a motor vehicle.	72286

(2) "Motor vehicle" includes manufactured homes, mobile	72287
homes, recreational vehicles, and trailers and semitrailers whose	72288
weight exceeds four thousand pounds.	72289

(3) "Manufactured home" has the same meaning as section	72290
3781.06 of the Revised Code.	72291

(4) "Mobile home" has the same meaning as in section 4501.01	72292
of the Revised Code.	72293

(5) "Manufactured housing dealer," "manufactured housing	72294
broker," and "manufactured housing salesperson" have the same	72295
meanings as in section 4781.01 of the Revised Code.	72296

(6) "Motor vehicle dealer" includes manufactured housing	72297
dealers.	72298

(7) "Motor vehicle salesperson" includes manufactured housing	72299
salespersons.	72300

(B) The various certificates, applications, and assignments	72301
necessary to provide certificates of title for manufactured homes,	72302
mobile homes, recreational vehicles, and trailers and semitrailers	72303
whose weight exceeds four thousand pounds, shall be made upon	72304
forms prescribed by the registrar of motor vehicles.	72305

Sec. 4505.06. (A)(1) Application for a certificate of title	72306
shall be made in a form prescribed by the registrar of motor	72307
vehicles and shall be sworn to before a notary public or other	72308
officer empowered to administer oaths. The application shall be	72309
filed with the clerk of any court of common pleas. An application	72310
for a certificate of title may be filed electronically by any	72311
electronic means approved by the registrar in any county with the	72312
clerk of the court of common pleas of that county. Any payments	72313
required by this chapter shall be considered as accompanying any	72314
electronically transmitted application when payment actually is	72315
received by the clerk. Payment of any fee or taxes may be made by	72316
electronic transfer of funds.	72317

(2) The application for a certificate of title shall be	72318
accompanied by the fee prescribed in section 4505.09 of the	72319
Revised Code. The fee shall be retained by the clerk who issues	72320
the certificate of title and shall be distributed in accordance	72321
with that section. If a clerk of a court of common pleas, other	72322
than the clerk of the court of common pleas of an applicant's	72323
county of residence, issues a certificate of title to the	72324
applicant, the clerk shall transmit data related to the	72325
transaction to the automated title processing system.	72326

(3) If a certificate of title previously has been issued for	72327
a motor vehicle in this state, the application for a certificate	72328
of title also shall be accompanied by that certificate of title	72329
duly assigned, unless otherwise provided in this chapter. If a	72330
certificate of title previously has not been issued for the motor	72331
vehicle in this state, the application, unless otherwise provided	72332
in this chapter, shall be accompanied by a manufacturer's or	72333
importer's certificate or by a certificate of title of another	72334
state from which the motor vehicle was brought into this state. If	72335
the application refers to a motor vehicle last previously	72336
registered in another state, the application also shall be	72337
accompanied by the physical inspection certificate required by	72338
section 4505.061 of the Revised Code. If the application is made	72339
by two persons regarding a motor vehicle in which they wish to	72340
establish joint ownership with right of survivorship, they may do	72341
so as provided in section 2131.12 of the Revised Code. If the	72342
applicant requests a designation of the motor vehicle in	72343
beneficiary form so that upon the death of the owner of the motor	72344
vehicle, ownership of the motor vehicle will pass to a designated	72345
transfer-on-death beneficiary or beneficiaries, the applicant may	72346
do so as provided in section 2131.13 of the Revised Code. A person	72347
who establishes ownership of a motor vehicle that is transferable	72348
on death in accordance with section 2131.13 of the Revised Code	72349
may terminate that type of ownership or change the designation of	72350
the transfer-on-death beneficiary or beneficiaries by applying for	72351
a certificate of title pursuant to this section. The clerk shall	72352
retain the evidence of title presented by the applicant and on	72353
which the certificate of title is issued, except that, if an	72354
application for a certificate of title is filed electronically by	72355
an electronic motor vehicle dealer on behalf of the purchaser of a	72356
motor vehicle, the clerk shall retain the completed electronic	72357
record to which the dealer converted the certificate of title	72358
application and other required documents. The registrar, after	72359
consultation with the attorney general, shall adopt rules that	72360
govern the location at which, and the manner in which, are stored	72361
the actual application and all other documents relating to the	72362
sale of a motor vehicle when an electronic motor vehicle dealer	72363
files the application for a certificate of title electronically on	72364
behalf of the purchaser.	72365

The clerk shall use reasonable diligence in ascertaining	72366
whether or not the facts in the application for a certificate of	72367
title are true by checking the application and documents	72368
accompanying it or the electronic record to which a dealer	72369
converted the application and accompanying documents with the	72370
records of motor vehicles in the clerk's office. If the clerk is	72371
satisfied that the applicant is the owner of the motor vehicle and	72372
that the application is in the proper form, the clerk, within five	72373
business days after the application is filed and except as	72374
provided in section 4505.021 of the Revised Code, shall issue a	72375
physical certificate of title over the clerk's signature and	72376
sealed with the clerk's seal, unless the applicant specifically	72377
requests the clerk not to issue a physical certificate of title	72378
and instead to issue an electronic certificate of title. For	72379
purposes of the transfer of a certificate of title, if the clerk	72380
is satisfied that the secured party has duly discharged a lien	72381
notation but has not canceled the lien notation with a clerk, the	72382
clerk may cancel the lien notation on the automated title	72383
processing system and notify the clerk of the county of origin.	72384

(4) In the case of the sale of a motor vehicle to a general	72385
buyer or user by a dealer, by a motor vehicle leasing dealer	72386
selling the motor vehicle to the lessee or, in a case in which the	72387
leasing dealer subleased the motor vehicle, the sublessee, at the	72388
end of the lease agreement or sublease agreement, or by a	72389
manufactured ~~home~~housing broker, the certificate of title shall	72390
be obtained in the name of the buyer by the dealer, leasing	72391
dealer, or manufactured ~~home~~housing broker, as the case may be,	72392
upon application signed by the buyer. The certificate of title	72393
shall be issued, or the process of entering the certificate of	72394
title application information into the automated title processing	72395
system if a physical certificate of title is not to be issued	72396
shall be completed, within five business days after the	72397
application for title is filed with the clerk. If the buyer of the	72398
motor vehicle previously leased the motor vehicle and is buying	72399
the motor vehicle at the end of the lease pursuant to that lease,	72400
the certificate of title shall be obtained in the name of the	72401
buyer by the motor vehicle leasing dealer who previously leased	72402
the motor vehicle to the buyer or by the motor vehicle leasing	72403
dealer who subleased the motor vehicle to the buyer under a	72404
sublease agreement.	72405

In all other cases, except as provided in section 4505.032	72406
and division (D)(2) of section 4505.11 of the Revised Code, such	72407
certificates shall be obtained by the buyer.	72408

(5)(a)(i) If the certificate of title is being obtained in	72409
the name of the buyer by a motor vehicle dealer or motor vehicle	72410
leasing dealer and there is a security interest to be noted on the	72411
certificate of title, the dealer or leasing dealer shall submit	72412
the application for the certificate of title and payment of the	72413
applicable tax to a clerk within seven business days after the	72414
later of the delivery of the motor vehicle to the buyer or the	72415
date the dealer or leasing dealer obtains the manufacturer's or	72416
importer's certificate, or certificate of title issued in the name	72417
of the dealer or leasing dealer, for the motor vehicle. Submission	72418
of the application for the certificate of title and payment of the	72419
applicable tax within the required seven business days may be	72420
indicated by postmark or receipt by a clerk within that period.	72421

(ii) Upon receipt of the certificate of title with the	72422
security interest noted on its face, the dealer or leasing dealer	72423
shall forward the certificate of title to the secured party at the	72424
location noted in the financing documents or otherwise specified	72425
by the secured party.	72426

(iii) A motor vehicle dealer or motor vehicle leasing dealer	72427
is liable to a secured party for a late fee of ten dollars per day	72428
for each certificate of title application and payment of the	72429
applicable tax that is submitted to a clerk more than seven	72430
business days but less than twenty-one days after the later of the	72431
delivery of the motor vehicle to the buyer or the date the dealer	72432
or leasing dealer obtains the manufacturer's or importer's	72433
certificate, or certificate of title issued in the name of the	72434
dealer or leasing dealer, for the motor vehicle and, from then on,	72435
twenty-five dollars per day until the application and applicable	72436
tax are submitted to a clerk.	72437

(b) In all cases of transfer of a motor vehicle except the	72438
transfer of a manufactured home, the application for certificate	72439
of title shall be filed within thirty days after the assignment	72440
or delivery of the motor vehicle. If	72441

(c) An application for a certificate of title for a new	72442
manufactured home shall be filed within thirty days after the	72443
delivery of the new manufactured home to the purchaser. The date	72444
of the delivery shall be the date on which an occupancy permit for	72445
the manufactured home is delivered to the purchaser of the home by	72446
the appropriate legal authority.	72447

(d) An application for a certificate of title for a used	72448
manufactured home or a used mobile home shall be filed as follows:	72449

(i) If a certificate of title for the used manufactured home	72450
or used mobile home was issued to the motor vehicle dealer prior	72451
to the sale of the manufactured or mobile home to the purchaser,	72452
the application for certificate of title shall be filed within	72453
thirty days after the date on which an occupancy permit for the	72454
manufactured or mobile home is delivered to the purchaser by the	72455
appropriate legal authority.	72456

(ii) If the motor vehicle dealer has been designated by a	72457
secured party to display the manufactured or mobile home for sale,	72458
or to sell the manufactured or mobile home under section 4505.20	72459
of the Revised Code, but the certificate of title has not been	72460
transferred by the secured party to the motor vehicle dealer, and	72461
the dealer has complied with the requirements of division (A) of	72462
section 4505.181 of the Revised Code, the application for	72463
certificate of title shall be filed within thirty days after the	72464
date on which the motor vehicle dealer obtains the certificate of	72465
title for the home from the secured party or the date on which an	72466
occupancy permit for the manufactured or mobile home is delivered	72467
to the purchaser by the appropriate legal authority, whichever	72468
occurs later.	72469

(6) If an application for a certificate of title is not filed	72470
within the period specified in division (A)(5)(b), (c), or (d) of	72471
this section, the clerk shall collect a fee of five dollars for	72472
the issuance of the certificate, except that no such fee shall be	72473
required from a motor vehicle salvage dealer, as defined in	72474
division (A) of section 4738.01 of the Revised Code, who	72475
immediately surrenders the certificate of title for cancellation.	72476
The fee shall be in addition to all other fees established by this	72477
chapter, and shall be retained by the clerk. The registrar shall	72478
provide, on the certificate of title form prescribed by section	72479
4505.07 of the Revised Code, language necessary to give evidence	72480
of the date on which the assignment or delivery of the motor	72481
vehicle was made.	72482

~~(6)~~(7) As used in division (A) of this section, "lease	72483
agreement," "lessee," and "sublease agreement" have the same	72484
meanings as in section 4505.04 of the Revised Code and "new	72485
manufactured home," "used manufactured home," and "used mobile	72486
home" have the same meanings as in section 5739.021 of the Revised	72487
Code.	72488

(B)(1) The clerk, except as provided in this section, shall	72489
refuse to accept for filing any application for a certificate of	72490
title and shall refuse to issue a certificate of title unless the	72491
dealer ~~or manufactured home broker~~ or the applicant, in cases in	72492
which the certificate shall be obtained by the buyer, submits with	72493
the application payment of the tax levied by or pursuant to	72494
Chapters 5739. and 5741. of the Revised Code based on the	72495
purchaser's county of residence. Upon payment of the tax in	72496
accordance with division (E) of this section, the clerk shall	72497
issue a receipt prescribed by the registrar and agreed upon by the	72498
tax commissioner showing payment of the tax or a receipt issued by	72499
the commissioner showing the payment of the tax. When submitting	72500
payment of the tax to the clerk, a dealer shall retain any	72501
discount to which the dealer is entitled under section 5739.12 of	72502
the Revised Code.	72503

(2) For receiving and disbursing such taxes paid to the clerk	72504
by a resident of the clerk's county, the clerk may retain a	72505
poundage fee of one and one one-hundredth per cent, and the clerk	72506
shall pay the poundage fee into the certificate of title	72507
administration fund created by section 325.33 of the Revised Code.	72508
The clerk shall not retain a poundage fee from payments of taxes	72509
by persons who do not reside in the clerk's county.	72510

A clerk, however, may retain from the taxes paid to the clerk	72511
an amount equal to the poundage fees associated with certificates	72512
of title issued by other clerks of courts of common pleas to	72513
applicants who reside in the first clerk's county. The registrar,	72514
in consultation with the tax commissioner and the clerks of the	72515
courts of common pleas, shall develop a report from the automated	72516
title processing system that informs each clerk of the amount of	72517
the poundage fees that the clerk is permitted to retain from those	72518
taxes because of certificates of title issued by the clerks of	72519
other counties to applicants who reside in the first clerk's	72520
county.	72521

(3) In the case of casual sales of motor vehicles, as defined	72522
in section 4517.01 of the Revised Code, the price for the purpose	72523
of determining the tax shall be the purchase price on the assigned	72524
certificate of title executed by the seller and filed with the	72525
clerk by the buyer on a form to be prescribed by the registrar,	72526
which shall be prima-facie evidence of the amount for the	72527
determination of the tax.	72528

(4) Each county clerk shall forward to the treasurer of state	72529
all sales and use tax collections resulting from sales of motor	72530
vehicles, off-highway motorcycles, and all-purpose vehicles during	72531
a calendar week on or before the Friday following the close of	72532
that week. If, on any Friday, the offices of the clerk of courts	72533
or the state are not open for business, the tax shall be forwarded	72534
to the treasurer of state on or before the next day on which the	72535
offices are open. Every remittance of tax under division (B)(4) of	72536
this section shall be accompanied by a remittance report in such	72537
form as the tax commissioner prescribes. Upon receipt of a tax	72538
remittance and remittance report, the treasurer of state shall	72539
date stamp the report and forward it to the tax commissioner. If	72540
the tax due for any week is not remitted by a clerk of courts as	72541
required under division (B)(4) of this section, the commissioner	72542
may require the clerk to forfeit the poundage fees for the sales	72543
made during that week. The treasurer of state may require the	72544
clerks of courts to transmit tax collections and remittance	72545
reports electronically.	72546

(C)(1) If the transferor indicates on the certificate of	72547
title that the odometer reflects mileage in excess of the designed	72548
mechanical limit of the odometer, the clerk shall enter the phrase	72549
"exceeds mechanical limits" following the mileage designation. If	72550
the transferor indicates on the certificate of title that the	72551
odometer reading is not the actual mileage, the clerk shall enter	72552
the phrase "nonactual: warning - odometer discrepancy" following	72553
the mileage designation. The clerk shall use reasonable care in	72554
transferring the information supplied by the transferor, but is	72555
not liable for any errors or omissions of the clerk or those of	72556
the clerk's deputies in the performance of the clerk's duties	72557
created by this chapter.	72558

The registrar shall prescribe an affidavit in which the	72559
transferor shall swear to the true selling price and, except as	72560
provided in this division, the true odometer reading of the motor	72561
vehicle. The registrar may prescribe an affidavit in which the	72562
seller and buyer provide information pertaining to the odometer	72563
reading of the motor vehicle in addition to that required by this	72564
section, as such information may be required by the United States	72565
secretary of transportation by rule prescribed under authority of	72566
subchapter IV of the "Motor Vehicle Information and Cost Savings	72567
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	72568

(2) Division (C)(1) of this section does not require the	72569
giving of information concerning the odometer and odometer reading	72570
of a motor vehicle when ownership of a motor vehicle is being	72571
transferred as a result of a bequest, under the laws of intestate	72572
succession, to a survivor pursuant to section 2106.18, 2131.12, or	72573
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	72574
beneficiaries pursuant to section 2131.13 of the Revised Code, in	72575
connection with the creation of a security interest or for a	72576
vehicle with a gross vehicle weight rating of more than sixteen	72577
thousand pounds.	72578

(D) When the transfer to the applicant was made in some other	72579
state or in interstate commerce, the clerk, except as provided in	72580
this section, shall refuse to issue any certificate of title	72581
unless the tax imposed by or pursuant to Chapter 5741. of the	72582
Revised Code based on the purchaser's county of residence has been	72583
paid as evidenced by a receipt issued by the tax commissioner, or	72584
unless the applicant submits with the application payment of the	72585
tax. Upon payment of the tax in accordance with division (E) of	72586
this section, the clerk shall issue a receipt prescribed by the	72587
registrar and agreed upon by the tax commissioner, showing payment	72588
of the tax.	72589

For receiving and disbursing such taxes paid to the clerk by	72590
a resident of the clerk's county, the clerk may retain a poundage	72591
fee of one and one one-hundredth per cent. The clerk shall not	72592
retain a poundage fee from payments of taxes by persons who do not	72593
reside in the clerk's county.	72594

A clerk, however, may retain from the taxes paid to the clerk	72595
an amount equal to the poundage fees associated with certificates	72596
of title issued by other clerks of courts of common pleas to	72597
applicants who reside in the first clerk's county. The registrar,	72598
in consultation with the tax commissioner and the clerks of the	72599
courts of common pleas, shall develop a report from the automated	72600
title processing system that informs each clerk of the amount of	72601
the poundage fees that the clerk is permitted to retain from those	72602
taxes because of certificates of title issued by the clerks of	72603
other counties to applicants who reside in the first clerk's	72604
county.	72605

When the vendor is not regularly engaged in the business of	72606
selling motor vehicles, the vendor shall not be required to	72607
purchase a vendor's license or make reports concerning those	72608
sales.	72609

(E) The clerk shall accept any payment of a tax in cash, or	72610
by cashier's check, certified check, draft, money order, or teller	72611
check issued by any insured financial institution payable to the	72612
clerk and submitted with an application for a certificate of title	72613
under division (B) or (D) of this section. The clerk also may	72614
accept payment of the tax by corporate, business, or personal	72615
check, credit card, electronic transfer or wire transfer, debit	72616
card, or any other accepted form of payment made payable to the	72617
clerk. The clerk may require bonds, guarantees, or letters of	72618
credit to ensure the collection of corporate, business, or	72619
personal checks. Any service fee charged by a third party to a	72620
clerk for the use of any form of payment may be paid by the clerk	72621
from the certificate of title administration fund created in	72622
section 325.33 of the Revised Code, or may be assessed by the	72623
clerk upon the applicant as an additional fee. Upon collection,	72624
the additional fees shall be paid by the clerk into that	72625
certificate of title administration fund.	72626

The clerk shall make a good faith effort to collect any	72627
payment of taxes due but not made because the payment was returned	72628
or dishonored, but the clerk is not personally liable for the	72629
payment of uncollected taxes or uncollected fees. The clerk shall	72630
notify the tax commissioner of any such payment of taxes that is	72631
due but not made and shall furnish the information to the	72632
commissioner that the commissioner requires. The clerk shall	72633
deduct the amount of taxes due but not paid from the clerk's	72634
periodic remittance of tax payments, in accordance with procedures	72635
agreed upon by the tax commissioner. The commissioner may collect	72636
taxes due by assessment in the manner provided in section 5739.13	72637
of the Revised Code.	72638

Any person who presents payment that is returned or	72639
dishonored for any reason is liable to the clerk for payment of a	72640
penalty over and above the amount of the taxes due. The clerk	72641
shall determine the amount of the penalty, and the penalty shall	72642
be no greater than that amount necessary to compensate the clerk	72643
for banking charges, legal fees, or other expenses incurred by the	72644
clerk in collecting the returned or dishonored payment. The	72645
remedies and procedures provided in this section are in addition	72646
to any other available civil or criminal remedies. Subsequently	72647
collected penalties, poundage fees, and title fees, less any title	72648
fee due the state, from returned or dishonored payments collected	72649
by the clerk shall be paid into the certificate of title	72650
administration fund. Subsequently collected taxes, less poundage	72651
fees, shall be sent by the clerk to the treasurer of state at the	72652
next scheduled periodic remittance of tax payments, with	72653
information as the commissioner may require. The clerk may abate	72654
all or any part of any penalty assessed under this division.	72655

(F) In the following cases, the clerk shall accept for	72656
filing an application and shall issue a certificate of title	72657
without requiring payment or evidence of payment of the tax:	72658

(1) When the purchaser is this state or any of its political	72659
subdivisions, a church, or an organization whose purchases are	72660
exempted by section 5739.02 of the Revised Code;	72661

(2) When the transaction in this state is not a retail sale	72662
as defined by section 5739.01 of the Revised Code;	72663

(3) When the purchase is outside this state or in interstate	72664
commerce and the purpose of the purchaser is not to use, store, or	72665
consume within the meaning of section 5741.01 of the Revised Code;	72666

(4) When the purchaser is the federal government;

72667

(5) When the motor vehicle was purchased outside this state	72668
for use outside this state;	72669

(6) When the motor vehicle is purchased by a nonresident	72670
under the circumstances described in division (B)(1) of section	72671
5739.029 of the Revised Code, and upon presentation of a copy of	72672
the affidavit provided by that section, and a copy of the	72673
exemption certificate provided by section 5739.03 of the Revised	72674
Code.	72675

(G) An application, as prescribed by the registrar and agreed	72676
to by the tax commissioner, shall be filled out and sworn to by	72677
the buyer of a motor vehicle in a casual sale. The application	72678
shall contain the following notice in bold lettering: "WARNING TO	72679
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	72680
law to state the true selling price. A false statement is in	72681
violation of section 2921.13 of the Revised Code and is punishable	72682
by six months' imprisonment or a fine of up to one thousand	72683
dollars, or both. All transfers are audited by the department of	72684
taxation. The seller and buyer must provide any information	72685
requested by the department of taxation. The buyer may be assessed	72686
any additional tax found to be due."	72687

(H) For sales of manufactured homes or mobile homes occurring	72688
on or after January 1, 2000, the clerk shall accept for filing,	72689
pursuant to Chapter 5739. of the Revised Code, an application for	72690
a certificate of title for a manufactured home or mobile home	72691
without requiring payment of any tax pursuant to section 5739.02,	72692
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	72693
issued by the tax commissioner showing payment of the tax. For	72694
sales of manufactured homes or mobile homes occurring on or after	72695
January 1, 2000, the applicant shall pay to the clerk an	72696
additional fee of five dollars for each certificate of title	72697
issued by the clerk for a manufactured or mobile home pursuant to	72698
division (H) of section 4505.11 of the Revised Code and for each	72699
certificate of title issued upon transfer of ownership of the	72700
home. The clerk shall credit the fee to the county certificate of	72701
title administration fund, and the fee shall be used to pay the	72702
expenses of archiving those certificates pursuant to division (A)	72703
of section 4505.08 and division (H)(3) of section 4505.11 of the	72704
Revised Code. The tax commissioner shall administer any tax on a	72705
manufactured or mobile home pursuant to Chapters 5739. and 5741.	72706
of the Revised Code.	72707

(I) Every clerk shall have the capability to transact by	72708
electronic means all procedures and transactions relating to the	72709
issuance of motor vehicle certificates of title that are described	72710
in the Revised Code as being accomplished by electronic means.	72711

Sec. 4505.062. Notwithstanding any general requirement in	72712
this chapter to the effect that an application for a certificate	72713
of title to a motor vehicle shall be "sworn to" or shall be "sworn	72714
to before a notary public or other officer empowered to administer	72715
oaths," that requirement shall apply only in the case of a	72716
transfer of a motor vehicle between parties in the course of a	72717
casual sale, as defined in ~~section~~sections 4517.01 and 4781.01 of	72718
the Revised Code.	72719

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	72720
shall charge and retain fees as follows:	72721

(a) Five dollars for each certificate of title that is not	72722
applied for within thirty days after the later of the assignment	72723
or delivery of the motor vehicle described in it. The entire fee	72724
shall be retained by the clerk.	72725

(b) Fifteen dollars for each certificate of title or	72726
duplicate certificate of title including the issuance of a	72727
memorandum certificate of title, or authorization to print a	72728
non-negotiable evidence of ownership described in division (G) of	72729
section 4505.08 of the Revised Code, non-negotiable evidence of	72730
ownership printed by the clerk under division (H) of that section,	72731
and notation of any lien on a certificate of title that is applied	72732
for at the same time as the certificate of title. The clerk shall	72733
retain ~~eleven~~twelve dollars and ~~fifty~~twenty-five cents of that	72734
fee.	72735

(c) Five dollars for each certificate of title with no	72736
security interest noted that is issued to a licensed motor vehicle	72737
dealer for resale purposes. The clerk shall retain two dollars and	72738
twenty-five cents of that fee.	72739

(d) Five dollars for each memorandum certificate of title or	72740
non-negotiable evidence of ownership that is applied for	72741
separately. The clerk shall retain that entire fee.	72742

(2) The fees that are not retained by the clerk shall be	72743
paid to the registrar of motor vehicles by monthly returns, which	72744
shall be forwarded to the registrar not later than the fifth day	72745
of the month next succeeding that in which the certificate is	72746
issued or that in which the registrar is notified of a lien or	72747
cancellation of a lien.	72748

(B)(1) The registrar shall pay twenty-five cents of the	72749
amount received for each certificate of title issued ~~to a motor~~	72750
~~vehicle dealer for resale and one dollar for all other~~	72751
~~certificates of title issued~~ into the state bureau of motor	72752
vehicles fund established in section 4501.25 of the Revised Code.	72753

(2) Fifty cents of the amount received for each certificate	72754
of title shall be paid by the registrar as follows:	72755

(a) Four cents shall be paid into the state treasury to the	72756
credit of the motor vehicle dealers board fund, which is hereby	72757
created. All investment earnings of the fund shall be credited to	72758
the fund. The moneys in the motor vehicle dealers board fund shall	72759
be used by the motor vehicle dealers board created under section	72760
4517.30 of the Revised Code, together with other moneys	72761
appropriated to it, in the exercise of its powers and the	72762
performance of its duties under Chapter 4517. of the Revised Code,	72763
except that the director of budget and management may transfer	72764
excess money from the motor vehicle dealers board fund to the	72765
bureau of motor vehicles fund if the registrar determines that the	72766
amount of money in the motor vehicle dealers board fund, together	72767
with other moneys appropriated to the board, exceeds the amount	72768
required for the exercise of its powers and the performance of its	72769
duties under Chapter 4517. of the Revised Code and requests the	72770
director to make the transfer.	72771

(b) Twenty-one cents shall be paid into the highway operating	72772
fund.	72773

(c) Twenty-five cents shall be paid into the state treasury	72774
to the credit of the motor vehicle sales audit fund, which is	72775
hereby created. The moneys in the fund shall be used by the tax	72776
commissioner together with other funds available to the	72777
commissioner to conduct a continuing investigation of sales and	72778
use tax returns filed for motor vehicles in order to determine if	72779
sales and use tax liability has been satisfied. The commissioner	72780
shall refer cases of apparent violations of section 2921.13 of the	72781
Revised Code made in connection with the titling or sale of a	72782
motor vehicle and cases of any other apparent violations of the	72783
sales or use tax law to the appropriate county prosecutor whenever	72784
the commissioner considers it advisable.	72785

(3) Two dollars of the amount received by the registrar for	72786
each certificate of title shall be paid into the state treasury to	72787
the credit of the automated title processing fund, which is hereby	72788
created and which shall consist of moneys collected under division	72789
(B)(3) of this section and under sections 1548.10 and 4519.59 of	72790
the Revised Code. All investment earnings of the fund shall be	72791
credited to the fund. The moneys in the fund shall be used as	72792
follows:	72793

(a) Except for moneys collected under section 1548.10 of the	72794
Revised Code and as provided in division (B)(3)(c) of this	72795
section, moneys collected under division (B)(3) of this section	72796
shall be used to implement and maintain an automated title	72797
processing system for the issuance of motor vehicle, off-highway	72798
motorcycle, and all-purpose vehicle certificates of title in the	72799
offices of the clerks of the courts of common pleas.	72800

(b) Moneys collected under section 1548.10 of the Revised	72801
Code shall be used to issue marine certificates of title in the	72802
offices of the clerks of the courts of common pleas as provided in	72803
Chapter 1548. of the Revised Code.	72804

(c) Moneys collected under division (B)(3) of this section	72805
shall be used in accordance with section 4505.25 of the Revised	72806
Code to implement Sub. S.B. 59 of the 124th general assembly.	72807

(C)(1) The automated title processing board is hereby created	72808
consisting of the registrar or the registrar's representative, a	72809
person selected by the registrar, the president of the Ohio clerks	72810
of court association or the president's representative, and two	72811
clerks of courts of common pleas appointed by the governor. The	72812
director of budget and management or the director's designee, the	72813
chief of the division of watercraft in the department of natural	72814
resources or the chief's designee, and the tax commissioner or	72815
the commissioner's designee shall be nonvoting members of the	72816
board. The purpose of the board is to facilitate the operation	72817
and maintenance of an automated title processing system and	72818
approve the procurement of automated title processing system	72819
equipment. Voting members of the board, excluding the registrar	72820
or the registrar's representative, shall serve without	72821
compensation, but shall be reimbursed for travel and other	72822
necessary expenses incurred in the conduct of their official	72823
duties. The registrar or the registrar's representative shall	72824
receive neither compensation nor reimbursement as a board	72825
member.	72826

(2) The automated title processing board shall determine each	72827
of the following:	72828

(a) The automated title processing equipment and certificates	72829
of title requirements for each county;	72830

(b) The payment of expenses that may be incurred by the	72831
counties in implementing an automated title processing system;	72832

(c) The repayment to the counties for existing title	72833
processing equipment.	72834

(3) The registrar shall purchase, lease, or otherwise acquire	72835
any automated title processing equipment and certificates of title	72836
that the board determines are necessary from moneys in the	72837
automated title processing fund established by division (B)(3) of	72838
this section.	72839

(D) All counties shall conform to the requirements of the	72840
registrar regarding the operation of their automated title	72841
processing system for motor vehicle titles, certificates of title	72842
for off-highway motorcycles and all-purpose vehicles, and	72843
certificates of title for watercraft and outboard motors.	72844

Sec. 4505.111. (A) Every motor vehicle, other than a	72845
manufactured home, a mobile home, or a motor vehicle as provided	72846
in divisions (C), (D), and (E) of section 4505.11 of the Revised	72847
Code, that is assembled from component parts by a person other	72848
than the manufacturer, shall be inspected by the state highway	72849
patrol prior to issuance of title to the motor vehicle. The	72850
inspection shall include establishing proof of ownership and an	72851
inspection of the motor number and vehicle identification number	72852
of the motor vehicle, and any items of equipment the director of	72853
public safety considers advisable and requires to be inspected by	72854
rule. A fee of forty dollars in fiscal year 1998 and fifty dollars	72855
in fiscal year 1999 and thereafter shall be assessed by the state	72856
highway patrol for each inspection made pursuant to this section,	72857
and shall be deposited in the state highway safety fund	72858
established by section 4501.06 of the Revised Code.	72859

(B) Whoever violates this section shall be fined not more	72860
than two thousand dollars, imprisoned not more than one year, or	72861
both.	72862

Sec. 4505.181. (A) Notwithstanding divisions (A)(2), (5),	72863
and (6) of section 4505.18 of the Revised Code, a motor vehicle	72864
dealer or person acting on behalf of a motor vehicle dealer may	72865
display, offer for sale, or sell a used motor vehicle, used	72866
manufactured home, or used mobile home without having first	72867
obtained a certificate of title for the vehicle in the name of the	72868
dealer as required by this chapter if the dealer or person acting	72869
on behalf of the dealer complies with divisions (A)(1)(a) and (2)	72870
of this section, or divisions (A)(1)(b) and (2) of this section,	72871
as follows:	72872

(1)(a) If the dealer has been licensed as a motor vehicle	72873
dealer or manufactured housing dealer for less than the three-year	72874
period prior to the date on which the dealer or person acting on	72875
behalf of the dealer displays, offers for sale, or sells the used	72876
motor vehicle for which the dealer has not obtained a certificate	72877
of title in the name of the dealer, or if the attorney general has	72878
paid a retail purchaser of the dealer under division (C) of this	72879
section within three years prior to such date, the dealer posts	72880
with the attorney general's office in favor of this state a bond	72881
of a surety company authorized to do business in this state, in an	72882
amount of not less than twenty-five thousand dollars, to be used	72883
solely for the purpose of compensating retail purchasers of motor	72884
vehicles, manufactured homes, or mobile homes who suffer damages	72885
due to failure of the dealer or person acting on behalf of the	72886
dealer to comply with this section. The dealer's surety shall	72887
notify the registrar and attorney general when a bond is canceled	72888
and shall notify the manufactured homes commission and the	72889
attorney general when a bond of a manufactured housing dealer is	72890
canceled. Such notification of cancellation shall include the	72891
effective date of and reason for cancellation.	72892

(b) If the dealer has been licensed as a motor vehicle dealer	72893
or manufactured housing dealer for longer than the three-year	72894
period prior to the date on which the dealer or person acting on	72895
behalf of the dealer displays, offers for sale, or sells the used	72896
motor vehicle, used manufactured home, or used mobile home for	72897
which the dealer has not obtained a certificate of title in the	72898
name of the dealer and the attorney general has not paid a retail	72899
purchaser of the dealer under division (C) of this section within	72900
three years prior to such date, the dealer pays one hundred fifty	72901
dollars to the attorney general for deposit into the title defect	72902
recision fund created by section 1345.52 of the Revised Code.	72903

(2) The dealer or person acting on behalf of the dealer	72904
possesses a bill of sale for each motor vehicle, used manufactured	72905
home, and used mobile home proposed to be displayed, offered for	72906
sale, or sold under this section and a properly executed power of	72907
attorney or other related documents from the prior owner of the	72908
motor vehicle, manufactured home, or mobile home giving the dealer	72909
or person acting on behalf of the dealer authority to have a	72910
certificate of title to the motor vehicle, manufactured home, or	72911
mobile home issued in the name of the dealer, and retains copies	72912
of all such documents in the dealer's or person's files until such	72913
time as a certificate of title in the dealer's name is issued for	72914
each such motor vehicle, manufactured home, or mobile home by the	72915
clerk of the court of common pleas. Such documents shall be	72916
available for inspection by the bureau of motor vehicles and the	72917
manufactured homes commission during normal business hours.	72918

(B) If a retail purchaser purchases a motor vehicle, used	72919
manufactured home, or used mobile home for which the dealer,	72920
pursuant to and in accordance with division (A) of this section,	72921
does not have a certificate of title issued in the name of the	72922
dealer at the time of the sale, the retail purchaser has an	72923
unconditional right to rescind the transaction and the dealer has	72924
an obligation to refund to the retail purchaser the full purchase	72925
price of the vehicle, if one of the following applies:	72926

(1) The dealer fails, on or before the fortieth day following	72927
the date of the sale, to obtain a title in the name of the retail	72928
purchaser.	72929

(2) The title for the vehicle indicates that it is a rebuilt	72930
salvage vehicle, and the fact that it is a rebuilt salvage vehicle	72931
was not disclosed to the retail purchaser in writing prior to the	72932
execution of the purchase agreement.	72933

(3) The title for the vehicle indicates that the dealer has	72934
made an inaccurate odometer disclosure to the retail purchaser.	72935

(4) The motor vehicle is a used manufactured home or used	72936
mobile home, as defined by section 5739.021 of the Revised Code,	72937
that has been repossessed under Chapter 1309. or 1317. of the	72938
Revised Code, but a certificate of title for the repossessed home	72939
has not yet been transferred by the repossessing party to the	72940
dealer on the date the retail purchaser purchases the used	72941
manufactured home or used mobile home from the dealer, and the	72942
dealer fails to obtain a certificate of title on or before the	72943
fortieth day after the dealer obtains the certificate of title for	72944
the home from the repossessing party or the date on which an	72945
occupancy permit for the home is delivered to the purchaser by the	72946
appropriate legal authority, whichever occurs later.	72947

If any of the circumstances described in divisions (B)(1) to	72948
~~(3)~~(4) of this section applies, a retail purchaser or the retail	72949
purchaser's representative shall notify the dealer and afford the	72950
dealer the opportunity to comply with the dealer's obligation to	72951
refund the full purchase price of the motor vehicle. Nothing in	72952
this division shall be construed as prohibiting the dealer and the	72953
retail purchaser or their representatives from negotiating a	72954
compromise resolution that is satisfactory to both parties.	72955

(C) If a retail purchaser notifies a dealer of one or more of	72956
the circumstances listed in division (B) of this section and the	72957
dealer fails to refund to the retail purchaser the full purchase	72958
price of the vehicle or reach a satisfactory compromise with the	72959
retail purchaser within three business days of presentation of the	72960
retail purchaser's recision claim, the retail purchaser may apply	72961
to the attorney general for payment from the fund of the full	72962
purchase price to the retail purchaser.	72963

(D) Upon application by a retail purchaser for payment from	72964
the fund, if the attorney general is satisfied that one or more of	72965
the circumstances contained in divisions (B)(1) to ~~(3)~~(4) of this	72966
section exist, the attorney general shall cause the full purchase	72967
price of the vehicle, manufactured home, or mobile home to be paid	72968
to the retail purchaser from the fund after delivery of the	72969
vehicle, manufactured home, or mobile home to the attorney	72970
general. The attorney general may sell or otherwise dispose of any	72971
vehicle, manufactured home, or mobile home that is delivered to	72972
the attorney general under this section, and may collect the	72973
proceeds of any bond posted under division (A) of this section by	72974
a dealer who has failed to comply with division (C) of this	72975
section. The proceeds from all such sales and collections shall	72976
be deposited into the title defect recision fund for use as	72977
specified in section 1345.52 of the Revised Code.	72978

(E) Failure by a dealer to comply with division (A) or (B) of	72979
this section constitutes a deceptive act or practice in connection	72980
with a consumer transaction, and is a violation of section 1345.02	72981
of the Revised Code.	72982

(F) The remedy provided in this section to retail purchasers	72983
is in addition to any remedies otherwise available to the retail	72984
purchaser for the same conduct of the dealer or person acting on	72985
behalf of the dealer under federal law or the laws of this state	72986
or a political subdivision of this state.	72987

(G) All motor vehicle dealers licensed under Chapter 4517. of	72988
the Revised Code and manufactured housing dealers licensed under	72989
Chapter 4781. of the Revised Code shall pay to the attorney	72990
general for deposit into the title defect recision fund the amount	72991
described in division (A)(1)(b) of this section beginning with the	72992
calendar year during which this section becomes effective and each	72993
year subsequent to that year until the balance in the fund is not	72994
less than three hundred thousand dollars. All such dealers also	72995
shall pay to the attorney general for deposit into the fund that	72996
amount during any year and subsequent years during which the	72997
balance in the fund is less than three hundred thousand dollars	72998
until the balance in the fund reaches three hundred thousand	72999
dollars.	73000

If a motor vehicle dealer or manufactured housing dealer	73001
fails to comply with this division, the attorney general may bring	73002
a civil action in a court of competent jurisdiction to collect the	73003
amount the dealer failed to pay to the attorney general for	73004
deposit into the fund.	73005

Sec. 4505.20. (A) Notwithstanding division (A)(2) of section	73006
4505.18 of the Revised Code or any other provision of this chapter	73007
or Chapter 4517. of the Revised Code, a secured party may	73008
designate any dealer to display, display for sale, or sell a	73009
manufactured or mobile home if the home has come into the	73010
possession of that secured party by a default in the terms of a	73011
security instrument and the certificate of title remains in the	73012
name and possession of the secured party.	73013

(B) Notwithstanding division (A)(2) of section 4505.18 of the	73014
Revised Code or any other provision of this chapter or Chapter	73015
4517. of the Revised Code, the owner of a recreational vehicle or	73016
a secured party of a recreational vehicle who has come into	73017
possession of the vehicle by a default in the terms of a security	73018
instrument, may designate any dealer to display, display for sale,	73019
or sell the vehicle while the certificate of title remains in the	73020
possession of the owner or secured party. No dealer may display or	73021
offer for sale more than five recreational vehicles at any time	73022
under this division. No dealer may display or offer for sale a	73023
recreational vehicle under this division unless the dealer	73024
maintains insurance or the bond of a surety company authorized to	73025
transact business within this state in an amount sufficient to	73026
satisfy the fair market value of the vehicle.	73027

(C) The registrar of motor vehicles may adopt rules in	73028
accordance with Chapter 119. of the Revised Code prescribing the	73029
maximum number of manufactured or mobile homes that have come into	73030
the possession of a secured party by a default in the terms of a	73031
security instrument that any dealer may display or offer for sale	73032
at any time. The registrar may adopt other reasonable rules	73033
regarding the resale of such manufactured homes, mobile homes, and	73034
recreational vehicles that the registrar considers necessary.	73035

(D) The secured party or owner shall provide the dealer with	73036
written authorization to display, display for sale, or sell the	73037
manufactured home, mobile home, or recreational vehicle. The	73038
dealer shall show and explain the written authorization to any	73039
prospective purchaser. The written authorization shall contain the	73040
vehicle identification number, make, model, year of manufacture,	73041
and physical description of the manufactured home, mobile home, or	73042
recreational vehicle that is provided to the dealer.	73043

(E) As used in this section, "dealer" means a ~~new motor~~	73044
~~vehicle~~manufactured housing dealer that is licensed under Chapter	73045
~~4517.~~4781. of the Revised Code.	73046

(F) Whoever violates this section shall be fined not more	73047
than two hundred dollars, imprisoned not more than ninety days, or	73048
both.	73049

Sec. 4507.03. (A)(1) No person shall be required to obtain	73050
a driver's or commercial driver's license for the purpose of	73051
temporarily driving, operating, drawing, moving, or propelling a	73052
road roller or road machinery upon a street or highway.	73053

(2) No person shall be required to obtain a driver's or	73054
commercial driver's license for the purpose of temporarily	73055
driving, operating, drawing, moving, or propelling any	73056
agricultural tractor or implement of husbandry upon a street or	73057
highway at a speed of twenty-five miles per hour or less.	73058

(3) No person shall drive, operate, draw, move, or propel any	73059
agricultural tractor or implement of husbandry upon a street or	73060
highway at a speed greater than twenty-five miles per hour unless	73061
the person has a current, valid driver's or commercial driver's	73062
license.	73063

(4) No person having a valid driver's or commercial driver's	73064
license shall be required to have a motorcycle operator's	73065
endorsement to operate a motorcycle having three wheels with a	73066
motor of not more than fifty cubic centimeters piston	73067
displacement.	73068

(B) Every person on active duty in the armed forces of the	73069
United States, when furnished with a driver's permit and when	73070
operating an official motor vehicle in connection with such duty,	73071
is exempt from the license requirements of Chapters 4506. and	73072
4507. of the Revised Code.	73073

Every person on active duty in the armed forces of the United	73074
States or in service with the peace corps, volunteers in service	73075
to America, or the foreign service of the United States is exempt	73076
from the license requirements of those chapters for the period of	73077
the person's active duty or service and for six months	73078
thereafter, provided the person was a licensee under those	73079
chapters at the time the person commenced ~~his~~the person's active	73080
duty or service. The spouse or a dependent of any such person on	73081
active duty or in service also is exempt from the license	73082
requirements of those chapters for the period of the person's	73083
active duty or service and for six months thereafter, provided	73084
the spouse or dependent was a licensee under those chapters at	73085
the time the person commenced the active duty or service, and	73086
provided further that the person's active duty or service causes	73087
the spouse or dependent to relocate outside of this state during	73088
the period of the active duty or service.	73089

This section does not prevent such a person or ~~his~~the	73090
person's spouse or dependent from making an application, as	73091
provided in division (C) of section 4507.10 of the Revised Code,	73092
for the renewal of a driver's license or motorcycle operator's	73093
endorsement or as provided in section 4506.14 of the Revised Code	73094
for the renewal of a commercial driver's license during the	73095
period of the person's active duty or service.	73096

(C) Whoever violates division (A)(3) of this section is	73097
guilty of a misdemeanor of the first degree.	73098

Sec. 4507.24. (A) Except as provided in division (C) of this	73099
section, the registrar of motor vehicles or a deputy registrar	73100
may collect a fee not to exceed the following:	73101

(1) Four dollars and fifty cents commencing on January 1,	73102
2004, and six dollars and twenty-five cents commencing on October	73103
1, 2009, for each application for renewal of a driver's license	73104
received by the deputy registrar, when the applicant is required	73105
to submit to a screening of the applicant's vision under section	73106
4507.12 of the Revised Code;	73107

(2) Three dollars and fifty cents commencing on January 1,	73108
2004, for each application for a driver's license, or motorized	73109
bicycle license, or for renewal of such a license, received by the	73110
deputy registrar, when the applicant is not required to submit to	73111
a screening of the applicant's vision under section 4507.12 of the	73112
Revised Code.	73113

(B) The fees prescribed by division (A) of this section shall	73114
be in addition to the fee for a temporary instruction permit and	73115
examination, a driver's license, a motorized bicycle license, or	73116
duplicates thereof. The fees retained by a deputy registrar shall	73117
compensate the deputy registrar for the deputy registrar's	73118
services, for office and rental expense, and for costs as provided	73119
in division (D) of this section, as are necessary for the proper	73120
discharge of the deputy registrar's duties under sections 4507.01	73121
to 4507.39 of the Revised Code.	73122

(C) A disabled veteran who has a service-connected disability	73123
rated at one hundred per cent by the veterans' administration is	73124
required to pay the applicable fee prescribed in division (A) of	73125
this section if the disabled veteran submits an application for a	73126
driver's license or motorized bicycle license or a renewal of	73127
either of these licenses to a deputy registrar who is acting as a	73128
deputy registrar pursuant to a contract with the registrar that is	73129
in effect on the effective date of this amendment. The disabled	73130
veteran also is required to submit with the disabled veteran's	73131
application such documentary evidence of disability as the	73132
registrar may require by rule.	73133

A disabled veteran who submits an application described in	73134
this division is not required to pay either of the fees prescribed	73135
in division (A) of this section if the disabled veteran submits	73136
the application to a deputy registrar who is acting as a deputy	73137
registrar pursuant to a contract with the registrar that is	73138
executed after the effective date of this amendment. The disabled	73139
veteran still is required to submit with the disabled veteran's	73140
application such documentary evidence of disability as the	73141
registrar may require by rule.	73142

A disabled veteran who submits an application described in	73143
this division directly to the registrar is not required to pay	73144
either of the fees prescribed in division (A) of this section if	73145
the disabled veteran submits with the disabled veteran's	73146
application such documentary evidence of disability as the	73147
registrar may require by rule.	73148

(D)(1) Each deputy registrar shall transmit to the registrar	73149
of motor vehicles, at such time and in such manner as the	73150
registrar shall require by rule, an amount of each fee collected	73151
under division (A)(1) of this section as shall be determined by	73152
the registrar. The registrar shall pay all such moneys so	73153
received into the state bureau of motor vehicles fund created in	73154
section 4501.25 of the Revised Code.	73155

(2) Commencing on October 1, 2009, each deputy registrar	73156
shall transmit one dollar and seventy-five cents of each fee	73157
collected under division (A)(1) of this section to the registrar	73158
at the time and in the manner provided by section 4503.10 of the	73159
Revised Code. The registrar shall deposit all moneys received	73160
under division (D)(2) of this section into the state highway	73161
safety fund established in section 4501.06 of the Revised Code.	73162

Sec. 4507.45. If a person's driver's license, commercial	73163
driver's license, or nonresident operating privilege is suspended,	73164
disqualified, or canceled for an indefinite period of time or for	73165
a period of at least ninety days, and if at the end of the period	73166
of suspension, disqualification, or cancellation the person is	73167
eligible to have the license or privilege reinstated, the	73168
registrar of motor vehicles shall collect a reinstatement fee of	73169
~~thirty~~forty dollars when the person requests reinstatement.	73170
However, the registrar shall not collect the fee prescribed by	73171
this section if a different driver's license, commercial driver's	73172
license, or nonresident operating privilege reinstatement fee is	73173
prescribed by law.	73174

The registrar shall deposit ten dollars of each forty-dollar	73175
fee into the state treasury to the credit of the indigent defense	73176
support fund created by section 120.08 of the Revised Code and	73177
thirty dollars of each fee into the state treasury to the credit	73178
of the state bureau of motor vehicles fund created by section	73179
4501.25 of the Revised Code.	73180

Sec. 4509.101. (A)(1) No person shall operate, or permit the	73181
operation of, a motor vehicle in this state, unless proof of	73182
financial responsibility is maintained continuously throughout the	73183
registration period with respect to that vehicle, or, in the case	73184
of a driver who is not the owner, with respect to that driver's	73185
operation of that vehicle.	73186

(2) Whoever violates division (A)(1) of this section shall be	73187
subject to the following civil penalties:	73188

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	73189
class E suspension of the person's driver's license, commercial	73190
driver's license, temporary instruction permit, probationary	73191
license, or nonresident operating privilege for the period of time	73192
specified in division (B)(5) of section 4510.02 of the Revised	73193
Code and impoundment of the person's license. The court may grant	73194
limited driving privileges to the person only if the person	73195
presents proof of financial responsibility and has complied with	73196
division (A)(5) of this section.	73197

(b) If, within five years of the violation, the person's	73198
operating privileges are again suspended and the person's license	73199
again is impounded for a violation of division (A)(1) of this	73200
section, a class C suspension of the person's driver's license,	73201
commercial driver's license, temporary instruction permit,	73202
probationary license, or nonresident operating privilege for the	73203
period of time specified in division (B)(3) of section 4510.02 of	73204
the Revised Code. The court may grant limited driving privileges	73205
to the person only if the person presents proof of financial	73206
responsibility and has complied with division (A)(5) of this	73207
section, and no court may grant limited driving privileges for the	73208
first fifteen days of the suspension.	73209

(c) If, within five years of the violation, the person's	73210
operating privileges are suspended and the person's license is	73211
impounded two or more times for a violation of division (A)(1) of	73212
this section, a class B suspension of the person's driver's	73213
license, commercial driver's license, temporary instruction	73214
permit, probationary license, or nonresident operating privilege	73215
for the period of time specified in division (B)(2) of section	73216
4510.02 of the Revised Code. No court may grant limited driving	73217
privileges during the suspension.	73218

(d) In addition to the suspension of an owner's license under	73219
division (A)(2)(a), (b), or (c) of this section, the suspension of	73220
the rights of the owner to register the motor vehicle and the	73221
impoundment of the owner's certificate of registration and license	73222
plates until the owner complies with division (A)(5) of this	73223
section.	73224

(3) A person to whom this state has issued a certificate of	73225
registration for a motor vehicle or a license to operate a motor	73226
vehicle or who is determined to have operated any motor vehicle or	73227
permitted the operation in this state of a motor vehicle owned by	73228
the person shall be required to verify the existence of proof of	73229
financial responsibility covering the operation of the motor	73230
vehicle or the person's operation of the motor vehicle under any	73231
of the following circumstances:	73232

(a) The person or a motor vehicle owned by the person is	73233
involved in a traffic accident that requires the filing of an	73234
accident report under section 4509.06 of the Revised Code.	73235

(b) The person receives a traffic ticket indicating that	73236
proof of the maintenance of financial responsibility was not	73237
produced upon the request of a peace officer or state highway	73238
patrol trooper made in accordance with division (D)(2) of this	73239
section.	73240

(c) Whenever, in accordance with rules adopted by the	73241
registrar, the person is randomly selected by the registrar and	73242
requested to provide such verification.	73243

(4) An order of the registrar that suspends and impounds a	73244
license or registration, or both, shall state the date on or	73245
before which the person is required to surrender the person's	73246
license or certificate of registration and license plates. The	73247
person is deemed to have surrendered the license or certificate of	73248
registration and license plates, in compliance with the order, if	73249
the person does either of the following:	73250

(a) On or before the date specified in the order, personally	73251
delivers the license or certificate of registration and license	73252
plates, or causes the delivery of the items, to the registrar;	73253

(b) Mails the license or certificate of registration and	73254
license plates to the registrar in an envelope or container	73255
bearing a postmark showing a date no later than the date specified	73256
in the order.	73257

(5) Except as provided in division (A)(6) or (L) of this	73258
section, the registrar shall not restore any operating privileges	73259
or registration rights suspended under this section, return any	73260
license, certificate of registration, or license plates impounded	73261
under this section, or reissue license plates under section	73262
4503.232 of the Revised Code, if the registrar destroyed the	73263
impounded license plates under that section, or reissue a license	73264
under section 4510.52 of the Revised Code, if the registrar	73265
destroyed the suspended license under that section, unless the	73266
rights are not subject to suspension or revocation under any other	73267
law and unless the person, in addition to complying with all other	73268
conditions required by law for reinstatement of the operating	73269
privileges or registration rights, complies with all of the	73270
following:	73271

(a) Pays a financial responsibility reinstatement fee of	73272
~~seventy-five~~one hundred dollars for the first violation of	73273
division (A)(1) of this section, ~~two~~three hundred ~~fifty~~ dollars	73274
for a second violation of that division, and ~~five~~six hundred	73275
dollars for a third or subsequent violation of that division;	73276

(b) If the person has not voluntarily surrendered the	73277
license, certificate, or license plates in compliance with the	73278
order, pays a financial responsibility nonvoluntary compliance fee	73279
in an amount, not to exceed fifty dollars, determined by the	73280
registrar;	73281

(c) Files and continuously maintains proof of financial	73282
responsibility under sections 4509.44 to 4509.65 of the Revised	73283
Code.	73284

(6) If the registrar issues an order under division (A)(2) of	73285
this section resulting from the failure of a person to respond to	73286
a financial responsibility random verification request under	73287
division (A)(3)(c) of this section and the person successfully	73288
maintains an affirmative defense to a violation of section 4510.16	73289
of the Revised Code or is determined by the registrar or a deputy	73290
registrar to have been in compliance with division (A)(1) of this	73291
section at the time of the initial financial responsibility random	73292
verification request, the registrar shall do both of the	73293
following:	73294

(a) Terminate the order of suspension or impoundment;

73295

(b) Restore the operating privileges and registration rights	73296
of the person without payment of the fees established in divisions	73297
(A)(5)(a) and (b) of this section and without a requirement to	73298
file proof of financial responsibility.	73299

(B)(1) Every party required to file an accident report under	73300
section 4509.06 of the Revised Code also shall include with the	73301
report a document described in division (G)(1) of this section.	73302

If the registrar determines, within forty-five days after the	73303
report is filed, that an operator or owner has violated division	73304
(A)(1) of this section, the registrar shall do all of the	73305
following:	73306

(a) Order the impoundment, with respect to the motor vehicle	73307
involved, required under division (A)(2)(d) of this section, of	73308
the certificate of registration and license plates of any owner	73309
who has violated division (A)(1) of this section;	73310

(b) Order the suspension required under division (A)(2)(a),	73311
(b), or (c) of this section of the license of any operator or	73312
owner who has violated division (A)(1) of this section;	73313

(c) Record the name and address of the person whose	73314
certificate of registration and license plates have been impounded	73315
or are under an order of impoundment, or whose license has been	73316
suspended or is under an order of suspension; the serial number of	73317
the person's license; the serial numbers of the person's	73318
certificate of registration and license plates; and the person's	73319
social security account number, if assigned, or, where the motor	73320
vehicle is used for hire or principally in connection with any	73321
established business, the person's federal taxpayer identification	73322
number. The information shall be recorded in such a manner that it	73323
becomes a part of the person's permanent record, and assists the	73324
registrar in monitoring compliance with the orders of suspension	73325
or impoundment.	73326

(d) Send written notification to every person to whom the	73327
order pertains, at the person's last known address as shown on the	73328
records of the bureau. The person, within ten days after the date	73329
of the mailing of the notification, shall surrender to the	73330
registrar, in a manner set forth in division (A)(4) of this	73331
section, any certificate of registration and registration plates	73332
under an order of impoundment, or any license under an order of	73333
suspension.	73334

(2) The registrar shall issue any order under division (B)(1)	73335
of this section without a hearing. Any person adversely affected	73336
by the order, within ten days after the issuance of the order, may	73337
request an administrative hearing before the registrar, who shall	73338
provide the person with an opportunity for a hearing in accordance	73339
with this paragraph. A request for a hearing does not operate as a	73340
suspension of the order. The scope of the hearing shall be limited	73341
to whether the person in fact demonstrated to the registrar proof	73342
of financial responsibility in accordance with this section. The	73343
registrar shall determine the date, time, and place of any	73344
hearing, provided that the hearing shall be held, and an order	73345
issued or findings made, within thirty days after the registrar	73346
receives a request for a hearing. If requested by the person in	73347
writing, the registrar may designate as the place of hearing the	73348
county seat of the county in which the person resides or a place	73349
within fifty miles of the person's residence. The person shall pay	73350
the cost of the hearing before the registrar, if the registrar's	73351
order of suspension or impoundment is upheld.	73352

(C) Any order of suspension or impoundment issued under this	73353
section or division (B) of section 4509.37 of the Revised Code may	73354
be terminated at any time if the registrar determines upon a	73355
showing of proof of financial responsibility that the operator or	73356
owner of the motor vehicle was in compliance with division (A)(1)	73357
of this section at the time of the traffic offense, motor vehicle	73358
inspection, or accident that resulted in the order against the	73359
person. A determination may be made without a hearing. This	73360
division does not apply unless the person shows good cause for the	73361
person's failure to present satisfactory proof of financial	73362
responsibility to the registrar prior to the issuance of the	73363
order.	73364

(D)(1) For the purpose of enforcing this section, every peace	73365
officer is deemed an agent of the registrar.	73366

(a) Except as provided in division (D)(1)(b) of this section,	73367
any peace officer who, in the performance of the peace officer's	73368
duties as authorized by law, becomes aware of a person whose	73369
license is under an order of suspension, or whose certificate of	73370
registration and license plates are under an order of impoundment,	73371
pursuant to this section, may confiscate the license, certificate	73372
of registration, and license plates, and return them to the	73373
registrar.	73374

(b) Any peace officer who, in the performance of the peace	73375
officer's duties as authorized by law, becomes aware of a person	73376
whose license is under an order of suspension, or whose	73377
certificate of registration and license plates are under an order	73378
of impoundment resulting from failure to respond to a financial	73379
responsibility random verification, shall not, for that reason,	73380
arrest the owner or operator or seize the vehicle or license	73381
plates. Instead, the peace officer shall issue a citation for a	73382
violation of section 4510.16 of the Revised Code specifying the	73383
circumstances as failure to respond to a financial responsibility	73384
random verification.	73385

(2) A peace officer shall request the owner or operator of a	73386
motor vehicle to produce proof of financial responsibility in a	73387
manner described in division (G) of this section at the time the	73388
peace officer acts to enforce the traffic laws of this state and	73389
during motor vehicle inspections conducted pursuant to section	73390
4513.02 of the Revised Code.	73391

(3) A peace officer shall indicate on every traffic ticket	73392
whether the person receiving the traffic ticket produced proof of	73393
the maintenance of financial responsibility in response to the	73394
officer's request under division (D)(2) of this section. The	73395
peace officer shall inform every person who receives a traffic	73396
ticket and who has failed to produce proof of the maintenance of	73397
financial responsibility that the person must submit proof to the	73398
traffic violations bureau with any payment of a fine and costs for	73399
the ticketed violation or, if the person is to appear in court for	73400
the violation, the person must submit proof to the court.	73401

(4)(a) If a person who has failed to produce proof of the	73402
maintenance of financial responsibility appears in court for a	73403
ticketed violation, the court may permit the defendant to present	73404
evidence of proof of financial responsibility to the court at such	73405
time and in such manner as the court determines to be necessary or	73406
appropriate. In a manner prescribed by the registrar, the clerk of	73407
courts shall provide the registrar with the identity of any person	73408
who fails to submit proof of the maintenance of financial	73409
responsibility pursuant to division (D)(3) of this section.	73410

(b) If a person who has failed to produce proof of the	73411
maintenance of financial responsibility also fails to submit that	73412
proof to the traffic violations bureau with payment of a fine and	73413
costs for the ticketed violation, the traffic violations bureau,	73414
in a manner prescribed by the registrar, shall notify the	73415
registrar of the identity of that person.	73416

(5)(a) Upon receiving notice from a clerk of courts or	73417
traffic violations bureau pursuant to division (D)(4) of this	73418
section, the registrar shall order the suspension of the license	73419
of the person required under division (A)(2)(a), (b), or (c) of	73420
this section and the impoundment of the person's certificate of	73421
registration and license plates required under division (A)(2)(d)	73422
of this section, effective thirty days after the date of the	73423
mailing of notification. The registrar also shall notify the	73424
person that the person must present the registrar with proof of	73425
financial responsibility in accordance with this section,	73426
surrender to the registrar the person's certificate of	73427
registration, license plates, and license, or submit a statement	73428
subject to section 2921.13 of the Revised Code that the person did	73429
not operate or permit the operation of the motor vehicle at the	73430
time of the offense. Notification shall be in writing and shall	73431
be sent to the person at the person's last known address as shown	73432
on the records of the bureau of motor vehicles. The person, within	73433
fifteen days after the date of the mailing of notification, shall	73434
present proof of financial responsibility, surrender the	73435
certificate of registration, license plates, and license to the	73436
registrar in a manner set forth in division (A)(4) of this	73437
section, or submit the statement required under this section	73438
together with other information the person considers appropriate.	73439

If the registrar does not receive proof or the person does	73440
not surrender the certificate of registration, license plates, and	73441
license, in accordance with this division, the registrar shall	73442
permit the order for the suspension of the license of the person	73443
and the impoundment of the person's certificate of registration	73444
and license plates to take effect.	73445

(b) In the case of a person who presents, within the	73446
fifteen-day period, documents to show proof of financial	73447
responsibility, the registrar shall terminate the order of	73448
suspension and the impoundment of the registration and license	73449
plates required under division (A)(2)(d) of this section and shall	73450
send written notification to the person, at the person's last	73451
known address as shown on the records of the bureau.	73452

(c) Any person adversely affected by the order of the	73453
registrar under division (D)(5)(a) or (b) of this section, within	73454
ten days after the issuance of the order, may request an	73455
administrative hearing before the registrar, who shall provide the	73456
person with an opportunity for a hearing in accordance with this	73457
paragraph. A request for a hearing does not operate as a	73458
suspension of the order. The scope of the hearing shall be limited	73459
to whether, at the time of the hearing, the person presents proof	73460
of financial responsibility covering the vehicle and whether the	73461
person is eligible for an exemption in accordance with this	73462
section or any rule adopted under it. The registrar shall	73463
determine the date, time, and place of any hearing; provided, that	73464
the hearing shall be held, and an order issued or findings made,	73465
within thirty days after the registrar receives a request for a	73466
hearing. If requested by the person in writing, the registrar may	73467
designate as the place of hearing the county seat of the county in	73468
which the person resides or a place within fifty miles of the	73469
person's residence. Such person shall pay the cost of the hearing	73470
before the registrar, if the registrar's order of suspension or	73471
impoundment under division (D)(5)(a) or (b) of this section is	73472
upheld.	73473

(6) A peace officer may charge an owner or operator of a	73474
motor vehicle with a violation of section 4510.16 of the Revised	73475
Code when the owner or operator fails to show proof of the	73476
maintenance of financial responsibility pursuant to a peace	73477
officer's request under division (D)(2) of this section, if a	73478
check of the owner or operator's driving record indicates that the	73479
owner or operator, at the time of the operation of the motor	73480
vehicle, is required to file and maintain proof of financial	73481
responsibility under section 4509.45 of the Revised Code for a	73482
previous violation of this chapter.	73483

(7) Any forms used by law enforcement agencies in	73484
administering this section shall be prescribed, supplied, and paid	73485
for by the registrar.	73486

(8) No peace officer, law enforcement agency employing a	73487
peace officer, or political subdivision or governmental agency	73488
that employs a peace officer shall be liable in a civil action for	73489
damages or loss to persons arising out of the performance of any	73490
duty required or authorized by this section.	73491

(9) As used in this division and divisions (E) and (G) of	73492
this section, "peace officer" has the meaning set forth in section	73493
2935.01 of the Revised Code.	73494

(E) All fees, except court costs and those portions of the	73495
financial responsibility reinstatement fees as otherwise specified	73496
in this division, collected under this section shall be paid into	73497
the state treasury to the credit of the financial responsibility	73498
compliance fund. The financial responsibility compliance fund	73499
shall be used exclusively to cover costs incurred by the bureau in	73500
the administration of this section and sections 4503.20, 4507.212,	73501
and 4509.81 of the Revised Code, and by any law enforcement agency	73502
employing any peace officer who returns any license, certificate	73503
of registration, and license plates to the registrar pursuant to	73504
division (C) of this section, except that the director of budget	73505
and management may transfer excess money from the financial	73506
responsibility compliance fund to the state bureau of motor	73507
vehicles fund if the registrar determines that the amount of money	73508
in the financial responsibility compliance fund exceeds the amount	73509
required to cover such costs incurred by the bureau or a law	73510
enforcement agency and requests the director to make the transfer.	73511

Of each financial responsibility reinstatement fee the	73512
registrar collects pursuant to division (A)(5)(a) of this section,	73513
the registrar shall deposit twenty-five dollars of each	73514
one-hundred-dollar reinstatement fee, fifty dollars of each	73515
three-hundred-dollar reinstatement fee, and one hundred dollars of	73516
each six-hundred-dollar reinstatement fee into the state treasury	73517
to the credit of the indigent defense support fund created by	73518
section 120.08 of the Revised Code.	73519

All investment earnings of the financial responsibility	73520
compliance fund shall be credited to the fund.	73521

(F) Chapter 119. of the Revised Code applies to this section	73522
only to the extent that any provision in that chapter is not	73523
clearly inconsistent with this section.	73524

(G)(1) The registrar, court, traffic violations bureau, or	73525
peace officer may require proof of financial responsibility to be	73526
demonstrated by use of a standard form prescribed by the	73527
registrar. If the use of a standard form is not required, a person	73528
may demonstrate proof of financial responsibility under this	73529
section by presenting to the traffic violations bureau, court,	73530
registrar, or peace officer any of the following documents or a	73531
copy of the documents:	73532

(a) A financial responsibility identification card as	73533
provided in section 4509.103 of the Revised Code;	73534

(b) A certificate of proof of financial responsibility on a	73535
form provided and approved by the registrar for the filing of an	73536
accident report required to be filed under section 4509.06 of the	73537
Revised Code;	73538

(c) A policy of liability insurance, a declaration page of a	73539
policy of liability insurance, or liability bond, if the policy or	73540
bond complies with section 4509.20 or sections 4509.49 to 4509.61	73541
of the Revised Code;	73542

(d) A bond or certification of the issuance of a bond as	73543
provided in section 4509.59 of the Revised Code;	73544

(e) A certificate of deposit of money or securities as	73545
provided in section 4509.62 of the Revised Code;	73546

(f) A certificate of self-insurance as provided in section	73547
4509.72 of the Revised Code.	73548

(2) If a person fails to demonstrate proof of financial	73549
responsibility in a manner described in division (G)(1) of this	73550
section, the person may demonstrate proof of financial	73551
responsibility under this section by any other method that the	73552
court or the bureau, by reason of circumstances in a particular	73553
case, may consider appropriate.	73554

(3) A motor carrier certificated by the interstate commerce	73555
commission or by the public utilities commission may demonstrate	73556
proof of financial responsibility by providing a statement	73557
designating the motor carrier's operating authority and averring	73558
that the insurance coverage required by the certificating	73559
authority is in full force and effect.	73560

(4)(a) A finding by the registrar or court that a person is	73561
covered by proof of financial responsibility in the form of an	73562
insurance policy or surety bond is not binding upon the named	73563
insurer or surety or any of its officers, employees, agents, or	73564
representatives and has no legal effect except for the purpose of	73565
administering this section.	73566

(b) The preparation and delivery of a financial	73567
responsibility identification card or any other document	73568
authorized to be used as proof of financial responsibility under	73569
this division does not do any of the following:	73570

(i) Create any liability or estoppel against an insurer or	73571
surety, or any of its officers, employees, agents, or	73572
representatives;	73573

(ii) Constitute an admission of the existence of, or of any	73574
liability or coverage under, any policy or bond;	73575

(iii) Waive any defenses or counterclaims available to an	73576
insurer, surety, agent, employee, or representative in an action	73577
commenced by an insured or third-party claimant upon a cause of	73578
action alleged to have arisen under an insurance policy or surety	73579
bond or by reason of the preparation and delivery of a document	73580
for use as proof of financial responsibility.	73581

(c) Whenever it is determined by a final judgment in a	73582
judicial proceeding that an insurer or surety, which has been	73583
named on a document accepted by a court or the registrar as proof	73584
of financial responsibility covering the operation of a motor	73585
vehicle at the time of an accident or offense, is not liable to	73586
pay a judgment for injuries or damages resulting from such	73587
operation, the registrar, notwithstanding any previous contrary	73588
finding, shall forthwith suspend the operating privileges and	73589
registration rights of the person against whom the judgment was	73590
rendered as provided in division (A)(2) of this section.	73591

(H) In order for any document described in division (G)(1)(b)	73592
of this section to be used for the demonstration of proof of	73593
financial responsibility under this section, the document shall	73594
state the name of the insured or obligor, the name of the insurer	73595
or surety company, and the effective and expiration dates of the	73596
financial responsibility, and designate by explicit description or	73597
by appropriate reference all motor vehicles covered which may	73598
include a reference to fleet insurance coverage.	73599

(I) For purposes of this section, "owner" does not include a	73600
licensed motor vehicle leasing dealer as defined in section	73601
4517.01 of the Revised Code, but does include a motor vehicle	73602
renting dealer as defined in section 4549.65 of the Revised Code.	73603
Nothing in this section or in section 4509.51 of the Revised Code	73604
shall be construed to prohibit a motor vehicle renting dealer from	73605
entering into a contractual agreement with a person whereby the	73606
person renting the motor vehicle agrees to be solely responsible	73607
for maintaining proof of financial responsibility, in accordance	73608
with this section, with respect to the operation, maintenance, or	73609
use of the motor vehicle during the period of the motor vehicle's	73610
rental.	73611

(J) The purpose of this section is to require the maintenance	73612
of proof of financial responsibility with respect to the operation	73613
of motor vehicles on the highways of this state, so as to minimize	73614
those situations in which persons are not compensated for injuries	73615
and damages sustained in motor vehicle accidents. The general	73616
assembly finds that this section contains reasonable civil	73617
penalties and procedures for achieving this purpose.	73618

(K) Nothing in this section shall be construed to be subject	73619
to section 4509.78 of the Revised Code.	73620

(L)(1) The registrar may terminate any suspension imposed	73621
under this section and not require the owner to comply with	73622
divisions (A)(5)(a), (b), and (c) of this section if the registrar	73623
with or without a hearing determines that the owner of the vehicle	73624
has established by clear and convincing evidence that all of the	73625
following apply:	73626

(a) The owner customarily maintains proof of financial	73627
responsibility.	73628

(b) Proof of financial responsibility was not in effect for	73629
the vehicle on the date in question for one of the following	73630
reasons:	73631

(i) The vehicle was inoperable.

73632

(ii) The vehicle is operated only seasonally, and the date in	73633
question was outside the season of operation.	73634

(iii) A person other than the vehicle owner or driver was at	73635
fault for the lapse of proof of financial responsibility through	73636
no fault of the owner or driver.	73637

(iv) The lapse of proof of financial responsibility was	73638
caused by excusable neglect under circumstances that are not	73639
likely to recur and do not suggest a purpose to evade the	73640
requirements of this chapter.	73641

(2) The registrar may grant an owner or driver relief for a	73642
reason specified in division (L)(1)(b)(i) or (ii) of this section	73643
whenever the owner or driver is randomly selected to verify the	73644
existence of proof of financial responsibility for such a vehicle.	73645
However, the registrar may grant an owner or driver relief for a	73646
reason specified in division (L)(1)(b)(iii) or (iv) of this	73647
section only if the owner or driver has not previously been	73648
granted relief under division (L)(1)(b)(iii) or (iv) of this	73649
section.	73650

(M) The registrar shall adopt rules in accordance with	73651
Chapter 119. of the Revised Code that are necessary to administer	73652
and enforce this section. The rules shall include procedures for	73653
the surrender of license plates upon failure to maintain proof of	73654
financial responsibility and provisions relating to reinstatement	73655
of registration rights, acceptable forms of proof of financial	73656
responsibility, and verification of the existence of financial	73657
responsibility during the period of registration.	73658

Sec. 4510.22. (A) If a person who has a current valid Ohio	73659
driver's, commercial driver's license, or temporary instruction	73660
permit is charged with a violation of any provision in sections	73661
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	73662
4549.65 of the Revised Code that is classified as a misdemeanor of	73663
the first, second, third, or fourth degree or with a violation of	73664
any substantially equivalent municipal ordinance and if the person	73665
either fails to appear in court at the required time and place to	73666
answer the charge or pleads guilty to or is found guilty of the	73667
violation and fails within the time allowed by the court to pay	73668
the fine imposed by the court, the court shall declare the	73669
forfeiture of the person's license. Thirty days after the	73670
declaration of forfeiture, the court shall inform the registrar of	73671
motor vehicles of the forfeiture by entering information relative	73672
to the of forfeiture on a form approved and furnished by the	73673
registrar and sending the form to the registrar. The court also	73674
shall forward the person's license, if it is in the possession of	73675
the court, to the registrar.	73676

The registrar shall impose a class F suspension of the	73677
person's driver's or commercial driver's license, or temporary	73678
instruction permit for the period of time specified in division	73679
(B)(6) of section 4510.02 of the Revised Code on any person who is	73680
named in a declaration received by the registrar under this	73681
section. The registrar shall send written notification of the	73682
suspension to the person at the person's last known address and,	73683
if the person is in possession of the license, order the person to	73684
surrender the person's license or permit to the registrar within	73685
forty-eight hours.	73686

No valid driver's or commercial driver's license shall be	73687
granted to the person after the suspension, unless the court	73688
having jurisdiction of the offense that led to the suspension	73689
orders that the forfeiture be terminated. The court shall order	73690
the termination of the forfeiture if the person thereafter appears	73691
to answer the charge and pays any fine imposed by the court or	73692
pays the fine originally imposed by the court. The court shall	73693
inform the registrar of the termination of the forfeiture by	73694
entering information relative to the termination on a form	73695
approved and furnished by the registrar and sending the form to	73696
the registrar. The person shall pay to the bureau of motor	73697
vehicles a ~~fifteen-dollar~~twenty-five-dollar reinstatement fee to	73698
~~cover the costs of the bureau in administering this section~~. The	73699
registrar shall deposit fifteen dollars of the fee into the state	73700
treasury to the credit of the state bureau of motor vehicles fund	73701
created by section 4501.25 of the Revised Code to cover the costs	73702
of the bureau in administering this section and shall deposit ten	73703
dollars of the fee into the state treasury to the credit of the	73704
indigent defense support fund created by section 120.08 of the	73705
Revised Code.	73706

(B) In addition to suspending the driver's or commercial	73707
driver's license or permit of the person named in a declaration of	73708
forfeiture, the registrar, upon receipt from the court of the copy	73709
of the declaration of forfeiture, shall take any measures that may	73710
be necessary to ensure that neither the registrar nor any deputy	73711
registrar accepts any application for the registration or transfer	73712
of registration of any motor vehicle owned or leased by the person	73713
named in the declaration of forfeiture. However, for a motor	73714
vehicle leased by a person named in a declaration of forfeiture,	73715
the registrar shall not implement the preceding sentence until the	73716
registrar adopts procedures for that implementation under section	73717
4503.39 of the Revised Code. The period of denial of registration	73718
or transfer shall continue until such time as the court having	73719
jurisdiction of the offense that led to the suspension orders the	73720
forfeiture be terminated. Upon receipt by the registrar of an	73721
order terminating the forfeiture, the registrar also shall take	73722
any measures that may be necessary to permit the person to	73723
register a motor vehicle owned or leased by the person or to	73724
transfer the registration of such a motor vehicle, if the person	73725
later makes application to take such action and otherwise is	73726
eligible to register the motor vehicle or to transfer its	73727
registration.	73728

The registrar shall not be required to give effect to any	73729
declaration of forfeiture or order terminating a forfeiture	73730
provided by a court under this section unless the information	73731
contained in the declaration or order is transmitted to the	73732
registrar by means of an electronic transfer system. The registrar	73733
shall not restore the person's driving or vehicle registration	73734
privileges until the person pays the reinstatement fee as provided	73735
in this section.	73736

The period of denial relating to the issuance or transfer of	73737
a certificate of registration for a motor vehicle imposed pursuant	73738
to this division remains in effect until the person pays any fine	73739
imposed by the court relative to the offense.	73740

Sec. 4511.191. (A)(1) As used in this section:

73741

(a) "Physical control" has the same meaning as in section	73742
4511.194 of the Revised Code.	73743

(b) "Alcohol monitoring device" means any device that	73744
provides for continuous alcohol monitoring, any ignition interlock	73745
device, any immobilizing or disabling device other than an	73746
ignition interlock device that is constantly available to monitor	73747
the concentration of alcohol in a person's system, or any other	73748
device that provides for the automatic testing and periodic	73749
reporting of alcohol consumption by a person and that a court	73750
orders a person to use as a sanction imposed as a result of the	73751
person's conviction of or plea of guilty to an offense.	73752

(2) Any person who operates a vehicle, streetcar, or	73753
trackless trolley upon a highway or any public or private property	73754
used by the public for vehicular travel or parking within this	73755
state or who is in physical control of a vehicle, streetcar, or	73756
trackless trolley shall be deemed to have given consent to a	73757
chemical test or tests of the person's whole blood, blood serum or	73758
plasma, breath, or urine to determine the alcohol, drug of abuse,	73759
controlled substance, metabolite of a controlled substance, or	73760
combination content of the person's whole blood, blood serum or	73761
plasma, breath, or urine if arrested for a violation of division	73762
(A) or (B) of section 4511.19 of the Revised Code, section	73763
4511.194 of the Revised Code or a substantially equivalent	73764
municipal ordinance, or a municipal OVI ordinance.	73765

(3) The chemical test or tests under division (A)(2) of this	73766
section shall be administered at the request of a law enforcement	73767
officer having reasonable grounds to believe the person was	73768
operating or in physical control of a vehicle, streetcar, or	73769
trackless trolley in violation of a division, section, or	73770
ordinance identified in division (A)(2) of this section. The law	73771
enforcement agency by which the officer is employed shall	73772
designate which of the tests shall be administered.	73773

(4) Any person who is dead or unconscious, or who otherwise	73774
is in a condition rendering the person incapable of refusal, shall	73775
be deemed to have consented as provided in division (A)(2) of this	73776
section, and the test or tests may be administered, subject to	73777
sections 313.12 to 313.16 of the Revised Code.	73778

(5)(a) If a law enforcement officer arrests a person for a	73779
violation of division (A) or (B) of section 4511.19 of the Revised	73780
Code, section 4511.194 of the Revised Code or a substantially	73781
equivalent municipal ordinance, or a municipal OVI ordinance and	73782
if the person if convicted would be required to be sentenced under	73783
division (G)(1)(c), (d), or (e) of section 4511.19 of the	73784
Revised Code, the law enforcement officer shall request the	73785
person to submit, and the person shall submit, to a chemical	73786
test or tests of the person's whole blood, blood serum or	73787
plasma, breath, or urine for the purpose of determining the	73788
alcohol, drug of abuse, controlled substance, metabolite of a	73789
controlled substance, or combination content of the person's	73790
whole blood, blood serum or plasma, breath, or urine. A law	73791
enforcement officer who makes a request pursuant to this	73792
division that a person submit to a chemical test or tests is not	73793
required to advise the person of the consequences of submitting	73794
to, or refusing to submit to, the test or tests and is not	73795
required to give the person the form described in division (B) of	73796
section 4511.192 of the Revised Code, but the officer shall	73797
advise the person at the time of the arrest that if the person	73798
refuses to take a chemical test the officer may employ whatever	73799
reasonable means are necessary to ensure that the person submits	73800
to a chemical test of the person's whole blood or blood serum or	73801
plasma. The officer shall also advise the person at the time of	73802
the arrest that the person may have an independent chemical test	73803
taken at the person's own expense. Divisions (A)(3) and (4) of	73804
this section apply to the administration of a chemical test or	73805
tests pursuant to this division.	73806

(b) If a person refuses to submit to a chemical test upon a	73807
request made pursuant to division (A)(5)(a) of this section, the	73808
law enforcement officer who made the request may employ whatever	73809
reasonable means are necessary to ensure that the person submits	73810
to a chemical test of the person's whole blood or blood serum or	73811
plasma. A law enforcement officer who acts pursuant to this	73812
division to ensure that a person submits to a chemical test of the	73813
person's whole blood or blood serum or plasma is immune from	73814
criminal and civil liability based upon a claim for assault and	73815
battery or any other claim for the acts, unless the officer so	73816
acted with malicious purpose, in bad faith, or in a wanton or	73817
reckless manner.	73818

(B)(1) Upon receipt of the sworn report of a law enforcement	73819
officer who arrested a person for a violation of division (A) or	73820
(B) of section 4511.19 of the Revised Code, section 4511.194 of	73821
the Revised Code or a substantially equivalent municipal	73822
ordinance, or a municipal OVI ordinance that was completed and	73823
sent to the registrar and a court pursuant to section 4511.192 of	73824
the Revised Code in regard to a person who refused to take the	73825
designated chemical test, the registrar shall enter into the	73826
registrar's records the fact that the person's driver's or	73827
commercial driver's license or permit or nonresident operating	73828
privilege was suspended by the arresting officer under this	73829
division and that section and the period of the suspension, as	73830
determined under this section. The suspension shall be subject to	73831
appeal as provided in section 4511.197 of the Revised Code. The	73832
suspension shall be for whichever of the following periods	73833
applies:	73834

(a) Except when division (B)(1)(b), (c), or (d) of this	73835
section applies and specifies a different class or length of	73836
suspension, the suspension shall be a class C suspension for the	73837
period of time specified in division (B)(3) of section 4510.02 of	73838
the Revised Code.	73839

(b) If the arrested person, within six years of the date on	73840
which the person refused the request to consent to the chemical	73841
test, had refused one previous request to consent to a chemical	73842
test or had been convicted of or pleaded guilty to one violation	73843
of division (A) or (B) of section 4511.19 of the Revised Code or	73844
one other equivalent offense, the suspension shall be a class B	73845
suspension imposed for the period of time specified in division	73846
(B)(2) of section 4510.02 of the Revised Code.	73847

(c) If the arrested person, within six years of the date on	73848
which the person refused the request to consent to the chemical	73849
test, had refused two previous requests to consent to a chemical	73850
test, had been convicted of or pleaded guilty to two violations of	73851
division (A) or (B) of section 4511.19 of the Revised Code or	73852
other equivalent offenses, or had refused one previous request to	73853
consent to a chemical test and also had been convicted of or	73854
pleaded guilty to one violation of division (A) or (B) of section	73855
4511.19 of the Revised Code or other equivalent offenses, which	73856
violation or offense arose from an incident other than the	73857
incident that led to the refusal, the suspension shall be a class	73858
A suspension imposed for the period of time specified in division	73859
(B)(1) of section 4510.02 of the Revised Code.	73860

(d) If the arrested person, within six years of the date on	73861
which the person refused the request to consent to the chemical	73862
test, had refused three or more previous requests to consent to a	73863
chemical test, had been convicted of or pleaded guilty to three or	73864
more violations of division (A) or (B) of section 4511.19 of the	73865
Revised Code or other equivalent offenses, or had refused a number	73866
of previous requests to consent to a chemical test and also had	73867
been convicted of or pleaded guilty to a number of violations of	73868
division (A) or (B) of section 4511.19 of the Revised Code or	73869
other equivalent offenses that cumulatively total three or more	73870
such refusals, convictions, and guilty pleas, the suspension shall	73871
be for five years.	73872

(2) The registrar shall terminate a suspension of the	73873
driver's or commercial driver's license or permit of a resident or	73874
of the operating privilege of a nonresident, or a denial of a	73875
driver's or commercial driver's license or permit, imposed	73876
pursuant to division (B)(1) of this section upon receipt of notice	73877
that the person has entered a plea of guilty to, or that the	73878
person has been convicted after entering a plea of no contest to,	73879
operating a vehicle in violation of section 4511.19 of the Revised	73880
Code or in violation of a municipal OVI ordinance, if the offense	73881
for which the conviction is had or the plea is entered arose from	73882
the same incident that led to the suspension or denial.	73883

The registrar shall credit against any judicial suspension of	73884
a person's driver's or commercial driver's license or permit or	73885
nonresident operating privilege imposed pursuant to section	73886
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	73887
Revised Code for a violation of a municipal OVI ordinance, any	73888
time during which the person serves a related suspension imposed	73889
pursuant to division (B)(1) of this section.	73890

(C)(1) Upon receipt of the sworn report of the law	73891
enforcement officer who arrested a person for a violation of	73892
division (A) or (B) of section 4511.19 of the Revised Code or a	73893
municipal OVI ordinance that was completed and sent to the	73894
registrar and a court pursuant to section 4511.192 of the Revised	73895
Code in regard to a person whose test results indicate that the	73896
person's whole blood, blood serum or plasma, breath, or urine	73897
contained at least the concentration of alcohol specified in	73898
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	73899
Revised Code or at least the concentration of a listed controlled	73900
substance or a listed metabolite of a controlled substance	73901
specified in division (A)(1)(j) of section 4511.19 of the Revised	73902
Code, the registrar shall enter into the registrar's records the	73903
fact that the person's driver's or commercial driver's license or	73904
permit or nonresident operating privilege was suspended by the	73905
arresting officer under this division and section 4511.192 of the	73906
Revised Code and the period of the suspension, as determined under	73907
divisions (C)(1)(a) to (d) of this section. The suspension shall	73908
be subject to appeal as provided in section 4511.197 of the	73909
Revised Code. The suspension described in this division does not	73910
apply to, and shall not be imposed upon, a person arrested for a	73911
violation of section 4511.194 of the Revised Code or a	73912
substantially equivalent municipal ordinance who submits to a	73913
designated chemical test. The suspension shall be for whichever of	73914
the following periods applies:	73915

(a) Except when division (C)(1)(b), (c), or (d) of this	73916
section applies and specifies a different period, the suspension	73917
shall be a class E suspension imposed for the period of time	73918
specified in division (B)(5) of section 4510.02 of the Revised	73919
Code.	73920

(b) The suspension shall be a class C suspension for the	73921
period of time specified in division (B)(3) of section 4510.02 of	73922
the Revised Code if the person has been convicted of or pleaded	73923
guilty to, within six years of the date the test was conducted,	73924
one violation of division (A) or (B) of section 4511.19 of the	73925
Revised Code or one other equivalent offense.	73926

(c) If, within six years of the date the test was conducted,	73927
the person has been convicted of or pleaded guilty to two	73928
violations of a statute or ordinance described in division	73929
(C)(1)(b) of this section, the suspension shall be a class B	73930
suspension imposed for the period of time specified in division	73931
(B)(2) of section 4510.02 of the Revised Code.	73932

(d) If, within six years of the date the test was conducted,	73933
the person has been convicted of or pleaded guilty to more than	73934
two violations of a statute or ordinance described in division	73935
(C)(1)(b) of this section, the suspension shall be a class A	73936
suspension imposed for the period of time specified in division	73937
(B)(1) of section 4510.02 of the Revised Code.	73938

(2) The registrar shall terminate a suspension of the	73939
driver's or commercial driver's license or permit of a resident or	73940
of the operating privilege of a nonresident, or a denial of a	73941
driver's or commercial driver's license or permit, imposed	73942
pursuant to division (C)(1) of this section upon receipt of notice	73943
that the person has entered a plea of guilty to, or that the	73944
person has been convicted after entering a plea of no contest to,	73945
operating a vehicle in violation of section 4511.19 of the Revised	73946
Code or in violation of a municipal OVI ordinance, if the offense	73947
for which the conviction is had or the plea is entered arose from	73948
the same incident that led to the suspension or denial.	73949

The registrar shall credit against any judicial suspension of	73950
a person's driver's or commercial driver's license or permit or	73951
nonresident operating privilege imposed pursuant to section	73952
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	73953
Revised Code for a violation of a municipal OVI ordinance, any	73954
time during which the person serves a related suspension imposed	73955
pursuant to division (C)(1) of this section.	73956

(D)(1) A suspension of a person's driver's or commercial	73957
driver's license or permit or nonresident operating privilege	73958
under this section for the time described in division (B) or (C)	73959
of this section is effective immediately from the time at which	73960
the arresting officer serves the notice of suspension upon the	73961
arrested person. Any subsequent finding that the person is not	73962
guilty of the charge that resulted in the person being requested	73963
to take the chemical test or tests under division (A) of this	73964
section does not affect the suspension.	73965

(2) If a person is arrested for operating a vehicle,	73966
streetcar, or trackless trolley in violation of division (A) or	73967
(B) of section 4511.19 of the Revised Code or a municipal OVI	73968
ordinance, or for being in physical control of a vehicle,	73969
streetcar, or trackless trolley in violation of section 4511.194	73970
of the Revised Code or a substantially equivalent municipal	73971
ordinance, regardless of whether the person's driver's or	73972
commercial driver's license or permit or nonresident operating	73973
privilege is or is not suspended under division (B) or (C) of this	73974
section or Chapter 4510. of the Revised Code, the person's initial	73975
appearance on the charge resulting from the arrest shall be held	73976
within five days of the person's arrest or the issuance of the	73977
citation to the person, subject to any continuance granted by the	73978
court pursuant to section 4511.197 of the Revised Code regarding	73979
the issues specified in that division.	73980

(E) When it finally has been determined under the procedures	73981
of this section and sections 4511.192 to 4511.197 of the Revised	73982
Code that a nonresident's privilege to operate a vehicle within	73983
this state has been suspended, the registrar shall give	73984
information in writing of the action taken to the motor vehicle	73985
administrator of the state of the person's residence and of any	73986
state in which the person has a license.	73987

(F) At the end of a suspension period under this section,	73988
under section 4511.194, section 4511.196, or division (G) of	73989
section 4511.19 of the Revised Code, or under section 4510.07 of	73990
the Revised Code for a violation of a municipal OVI ordinance and	73991
upon the request of the person whose driver's or commercial	73992
driver's license or permit was suspended and who is not otherwise	73993
subject to suspension, cancellation, or disqualification, the	73994
registrar shall return the driver's or commercial driver's license	73995
or permit to the person upon the occurrence of all of the	73996
conditions specified in divisions (F)(1) and (2) of this section:	73997

(1) A showing that the person has proof of financial	73998
responsibility, a policy of liability insurance in effect that	73999
meets the minimum standards set forth in section 4509.51 of the	74000
Revised Code, or proof, to the satisfaction of the registrar, that	74001
the person is able to respond in damages in an amount at least	74002
equal to the minimum amounts specified in section 4509.51 of the	74003
Revised Code.	74004

(2) Subject to the limitation contained in division (F)(3) of	74005
this section, payment by the person to the bureau of motor	74006
vehicles of a license reinstatement fee of four hundred	74007
seventy-five dollars, which fee shall be deposited in the state	74008
treasury and credited as follows:	74009

(a) One hundred twelve dollars and fifty cents shall be	74010
credited to the statewide treatment and prevention fund created by	74011
section 4301.30 of the Revised Code. The fund shall be used to	74012
pay the costs of driver treatment and intervention programs	74013
operated pursuant to sections 3793.02 and 3793.10 of the Revised	74014
Code. The director of alcohol and drug addiction services shall	74015
determine the share of the fund that is to be allocated to alcohol	74016
and drug addiction programs authorized by section 3793.02 of the	74017
Revised Code, and the share of the fund that is to be allocated to	74018
drivers' intervention programs authorized by section 3793.10 of	74019
the Revised Code.	74020

(b) Seventy-five dollars shall be credited to the reparations	74021
fund created by section 2743.191 of the Revised Code.	74022

(c) Thirty-seven dollars and fifty cents shall be credited to	74023
the indigent drivers alcohol treatment fund, which is hereby	74024
established in the state treasury. Except as otherwise provided in	74025
division (F)(2)(c) of this section, moneys in the fund shall be	74026
distributed by the department of alcohol and drug addiction	74027
services to the county indigent drivers alcohol treatment funds,	74028
the county juvenile indigent drivers alcohol treatment funds, and	74029
the municipal indigent drivers alcohol treatment funds that are	74030
required to be established by counties and municipal corporations	74031
pursuant to division (H) of this section, and shall be used only	74032
to pay the cost of an alcohol and drug addiction treatment	74033
program attended by an offender or juvenile traffic offender who	74034
is ordered to attend an alcohol and drug addiction treatment	74035
program by a county, juvenile, or municipal court judge and who	74036
is determined by the county, juvenile, or municipal court judge	74037
not to have the means to pay for the person's attendance at the	74038
program or to pay the costs specified in division (H)(4) of this	74039
section in accordance with that division. In addition, a county,	74040
juvenile, or municipal court judge may use moneys in the county	74041
indigent drivers alcohol treatment fund, county juvenile	74042
indigent drivers alcohol treatment fund, or municipal indigent	74043
drivers alcohol treatment fund to pay for the cost of the	74044
continued use of an alcohol monitoring device as described in	74045
divisions (H)(3) and (4) of this section. Moneys in the fund	74046
that are not distributed to a county indigent drivers alcohol	74047
treatment fund, a county juvenile indigent drivers alcohol	74048
treatment fund, or a municipal indigent drivers alcohol treatment	74049
fund under division (H) of this section because the director of	74050
alcohol and drug addiction services does not have the information	74051
necessary to identify the county or municipal corporation where	74052
the offender or juvenile offender was arrested may be transferred	74053
by the director of budget and management to the statewide	74054
treatment and prevention fund created by section 4301.30 of the	74055
Revised Code, upon certification of the amount by the director of	74056
alcohol and drug addiction services.	74057

(d) Seventy-five dollars shall be credited to the Ohio	74058
rehabilitation services commission established by section 3304.12	74059
of the Revised Code, to the services for rehabilitation fund,	74060
which is hereby established. The fund shall be used to match	74061
available federal matching funds where appropriate, and for any	74062
other purpose or program of the commission to rehabilitate people	74063
with disabilities to help them become employed and independent.	74064

(e) Seventy-five dollars shall be deposited into the state	74065
treasury and credited to the drug abuse resistance education	74066
programs fund, which is hereby established, to be used by the	74067
attorney general for the purposes specified in division (F)(4) of	74068
this section.	74069

(f) Thirty dollars shall be credited to the state bureau of	74070
motor vehicles fund created by section 4501.25 of the Revised	74071
Code.	74072

(g) Twenty dollars shall be credited to the trauma and	74073
emergency medical services grants fund created by section 4513.263	74074
of the Revised Code.	74075

(h) Fifty dollars shall be credited to the indigent drivers	74076
interlock and alcohol monitoring fund, which is hereby established	74077
in the state treasury. Monies in the fund shall be distributed by	74078
the department of public safety to the county indigent drivers	74079
interlock and alcohol monitoring funds, the county juvenile	74080
indigent drivers interlock and alcohol monitoring funds, and the	74081
municipal indigent drivers interlock and alcohol monitoring funds	74082
that are required to be established by counties and municipal	74083
corporations pursuant to this section, and shall be used only to	74084
pay the cost of an immobilizing or disabling device, including a	74085
certified ignition interlock device, or an alcohol monitoring	74086
device used by an offender or juvenile offender who is ordered to	74087
use the device by a county, juvenile, or municipal court judge and	74088
who is determined by the county, juvenile, or municipal court	74089
judge not to have the means to pay for the person's use of the	74090
device.	74091

(3) If a person's driver's or commercial driver's license or	74092
permit is suspended under this section, under section 4511.196 or	74093
division (G) of section 4511.19 of the Revised Code, under section	74094
4510.07 of the Revised Code for a violation of a municipal OVI	74095
ordinance or under any combination of the suspensions described in	74096
division (F)(3) of this section, and if the suspensions arise from	74097
a single incident or a single set of facts and circumstances, the	74098
person is liable for payment of, and shall be required to pay to	74099
the bureau, only one reinstatement fee of four hundred twenty-five	74100
dollars. The reinstatement fee shall be distributed by the bureau	74101
in accordance with division (F)(2) of this section.	74102

(4) The attorney general shall use amounts in the drug abuse	74103
resistance education programs fund to award grants to law	74104
enforcement agencies to establish and implement drug abuse	74105
resistance education programs in public schools. Grants awarded to	74106
a law enforcement agency under this section shall be used by the	74107
agency to pay for not more than fifty per cent of the amount of	74108
the salaries of law enforcement officers who conduct drug abuse	74109
resistance education programs in public schools. The attorney	74110
general shall not use more than six per cent of the amounts the	74111
attorney general's office receives under division (F)(2)(e) of	74112
this section to pay the costs it incurs in administering the grant	74113
program established by division (F)(2)(e) of this section and in	74114
providing training and materials relating to drug abuse resistance	74115
education programs.	74116

The attorney general shall report to the governor and the	74117
general assembly each fiscal year on the progress made in	74118
establishing and implementing drug abuse resistance education	74119
programs. These reports shall include an evaluation of the	74120
effectiveness of these programs.	74121

(G) Suspension of a commercial driver's license under	74122
division (B) or (C) of this section shall be concurrent with any	74123
period of disqualification under section 3123.611 or 4506.16 of	74124
the Revised Code or any period of suspension under section 3123.58	74125
of the Revised Code. No person who is disqualified for life from	74126
holding a commercial driver's license under section 4506.16 of the	74127
Revised Code shall be issued a driver's license under Chapter	74128
4507. of the Revised Code during the period for which the	74129
commercial driver's license was suspended under division (B) or	74130
(C) of this section. No person whose commercial driver's license	74131
is suspended under division (B) or (C) of this section shall be	74132
issued a driver's license under Chapter 4507. of the Revised Code	74133
during the period of the suspension.	74134

(H)(1) Each county shall establish an indigent drivers	74135
alcohol treatment fund, each county shall establish a juvenile	74136
indigent drivers alcohol treatment fund, and each municipal	74137
corporation in which there is a municipal court shall establish	74138
an indigent drivers alcohol treatment fund. All revenue that the	74139
general assembly appropriates to the indigent drivers alcohol	74140
treatment fund for transfer to a county indigent drivers alcohol	74141
treatment fund, a county juvenile indigent drivers alcohol	74142
treatment fund, or a municipal indigent drivers alcohol treatment	74143
fund, all portions of fees that are paid under division (F) of	74144
this section and that are credited under that division to the	74145
indigent drivers alcohol treatment fund in the state treasury	74146
for a county indigent drivers alcohol treatment fund, a county	74147
juvenile indigent drivers alcohol treatment fund, or a municipal	74148
indigent drivers alcohol treatment fund, all portions of	74149
additional costs imposed under section 2949.094 of the Revised	74150
Code that are specified for deposit into a county, county	74151
juvenile, or municipal indigent drivers alcohol treatment fund	74152
by that section, and all portions of fines that are specified	74153
for deposit into a county or municipal indigent drivers alcohol	74154
treatment fund by section 4511.193 of the Revised Code shall be	74155
deposited into that county indigent drivers alcohol treatment	74156
fund, county juvenile indigent drivers alcohol treatment fund, or	74157
municipal indigent drivers alcohol treatment fund. The portions	74158
of the fees paid under division (F) of this section that are to	74159
be so deposited shall be determined in accordance with	74160
division (H)(2) of this section. Additionally, all portions of	74161
fines that are paid for a violation of section 4511.19 of the	74162
Revised Code or of any prohibition contained in Chapter 4510. of	74163
the Revised Code, and that are required under section 4511.19 or	74164
any provision of Chapter 4510. of the Revised Code to be	74165
deposited into a county indigent drivers alcohol treatment fund	74166
or municipal indigent drivers alcohol treatment fund shall be	74167
deposited into the appropriate fund in accordance with the	74168
applicable division of the section or provision.	74169

(2) That portion of the license reinstatement fee that is	74170
paid under division (F) of this section and that is credited under	74171
that division to the indigent drivers alcohol treatment fund	74172
shall be deposited into a county indigent drivers alcohol	74173
treatment fund, a county juvenile indigent drivers alcohol	74174
treatment fund, or a municipal indigent drivers alcohol treatment	74175
fund as follows:	74176

(a) Regarding a suspension imposed under this section, that	74177
portion of the fee shall be deposited as follows:	74178

(i) If the fee is paid by a person who was charged in a	74179
county court with the violation that resulted in the suspension	74180
or in the imposition of the court costs, the portion shall be	74181
deposited into the county indigent drivers alcohol treatment fund	74182
under the control of that court;	74183

(ii) If the fee is paid by a person who was charged in a	74184
juvenile court with the violation that resulted in the suspension	74185
or in the imposition of the court costs, the portion shall be	74186
deposited into the county juvenile indigent drivers alcohol	74187
treatment fund established in the county served by the court;	74188

(iii) If the fee is paid by a person who was charged in a	74189
municipal court with the violation that resulted in the	74190
suspension or in the imposition of the court costs, the portion	74191
shall be deposited into the municipal indigent drivers alcohol	74192
treatment fund under the control of that court.	74193

(b) Regarding a suspension imposed under section 4511.19 of	74194
the Revised Code or under section 4510.07 of the Revised Code for	74195
a violation of a municipal OVI ordinance, that portion of the fee	74196
shall be deposited as follows:	74197

(i) If the fee is paid by a person whose license or permit	74198
was suspended by a county court, the portion shall be deposited	74199
into the county indigent drivers alcohol treatment fund under the	74200
control of that court;	74201

(ii) If the fee is paid by a person whose license or permit	74202
was suspended by a municipal court, the portion shall be deposited	74203
into the municipal indigent drivers alcohol treatment fund under	74204
the control of that court.	74205

(3) Expenditures from a county indigent drivers alcohol	74206
treatment fund, a county juvenile indigent drivers alcohol	74207
treatment fund, or a municipal indigent drivers alcohol treatment	74208
fund shall be made only upon the order of a county, juvenile, or	74209
municipal court judge and only for payment of the cost of an	74210
assessment or the cost of the attendance at an alcohol and drug	74211
addiction treatment program of a person who is convicted of, or	74212
found to be a juvenile traffic offender by reason of, a violation	74213
of division (A) of section 4511.19 of the Revised Code or a	74214
substantially similar municipal ordinance, who is ordered by the	74215
court to attend the alcohol and drug addiction treatment program,	74216
and who is determined by the court to be unable to pay the cost	74217
of the assessment or the cost of attendance at the treatment	74218
program or for payment of the costs specified in division (H)(4)	74219
of this section in accordance with that division. The alcohol	74220
and drug addiction services board or the board of alcohol, drug	74221
addiction, and mental health services established pursuant to	74222
section 340.02 or 340.021 of the Revised Code and serving the	74223
alcohol, drug addiction, and mental health service district in	74224
which the court is located shall administer the indigent drivers	74225
alcohol treatment program of the court. When a court orders an	74226
offender or juvenile traffic offender to obtain an assessment or	74227
attend an alcohol and drug addiction treatment program, the board	74228
shall determine which program is suitable to meet the needs of the	74229
offender or juvenile traffic offender, and when a suitable program	74230
is located and space is available at the program, the offender or	74231
juvenile traffic offender shall attend the program designated by	74232
the board. A reasonable amount not to exceed five per cent of the	74233
amounts credited to and deposited into the county indigent	74234
drivers alcohol treatment fund, the county juvenile indigent	74235
drivers alcohol treatment fund, or the municipal indigent drivers	74236
alcohol treatment fund serving every court whose program is	74237
administered by that board shall be paid to the board to cover	74238
the costs it incurs in administering those indigent drivers	74239
alcohol treatment programs.	74240

In addition, upon exhaustion of moneys in the indigent	74241
drivers interlock and alcohol monitoring fund for the use of an	74242
alcohol monitoring device, a county, juvenile, or municipal court	74243
judge may use moneys in the county indigent drivers alcohol	74244
treatment fund, county juvenile indigent drivers alcohol	74245
treatment fund, or municipal indigent drivers alcohol treatment	74246
fund in the following manners:	74247

(a) If the source of the moneys was an appropriation of the	74248
general assembly, a portion of a fee that was paid under division	74249
(F) of this section, a portion of a fine that was specified for	74250
deposit into the fund by section 4511.193 of the Revised Code, or	74251
a portion of a fine that was paid for a violation of section	74252
4511.19 of the Revised Code or of a provision contained in Chapter	74253
4510. of the Revised Code that was required to be deposited into	74254
the fund, to pay for the continued use of an alcohol monitoring	74255
device by an offender or juvenile traffic offender, in	74256
conjunction with a treatment program approved by the department	74257
of alcohol and drug addiction services, when such use is	74258
determined clinically necessary by the treatment program and	74259
when the court determines that the offender or juvenile traffic	74260
offender is unable to pay all or part of the daily monitoring or	74261
cost of the device;	74262

(b) If the source of the moneys was a portion of an	74263
additional court cost imposed under section 2949.094 of the	74264
Revised Code, to pay for the continued use of an alcohol	74265
monitoring device by an offender or juvenile traffic offender	74266
when the court determines that the offender or juvenile traffic	74267
offender is unable to pay all or part of the daily monitoring or	74268
cost of the device. The moneys may be used for a device as	74269
described in this division if the use of the device is in	74270
conjunction with a treatment program approved by the department	74271
of alcohol and drug addiction services, when the use of the device	74272
is determined clinically necessary by the treatment program, but	74273
the use of a device is not required to be in conjunction with a	74274
treatment program approved by the department in order for the	74275
moneys to be used for the device as described in this division.	74276

(4) If a county, juvenile, or municipal court determines, in	74277
consultation with the alcohol and drug addiction services board	74278
or the board of alcohol, drug addiction, and mental health	74279
services established pursuant to section 340.02 or 340.021 of the	74280
Revised Code and serving the alcohol, drug addiction, and mental	74281
health district in which the court is located, that the funds in	74282
the county indigent drivers alcohol treatment fund, the county	74283
juvenile indigent drivers alcohol treatment fund, or the	74284
municipal indigent drivers alcohol treatment fund under the	74285
control of the court are more than sufficient to satisfy the	74286
purpose for which the fund was established, as specified in	74287
divisions (H)(1) to (3) of this section, the court may declare a	74288
surplus in the fund. If the court declares a surplus in the	74289
fund, the court may expend the amount of the surplus in the fund	74290
for:	74291

(a) Alcohol and drug abuse assessment and treatment of	74292
persons who are charged in the court with committing a criminal	74293
offense or with being a delinquent child or juvenile traffic	74294
offender and in relation to whom both of the following apply:	74295

(i) The court determines that substance abuse was a	74296
contributing factor leading to the criminal or delinquent activity	74297
or the juvenile traffic offense with which the person is charged.	74298

(ii) The court determines that the person is unable to pay	74299
the cost of the alcohol and drug abuse assessment and treatment	74300
for which the surplus money will be used.	74301

(b) All or part of the cost of purchasing alcohol monitoring	74302
devices to be used in conjunction with division (H)(3) of this	74303
section, upon exhaustion of moneys in the indigent drivers	74304
interlock and alcohol monitoring fund for the use of an alcohol	74305
monitoring device.	74306

(5) For the purpose of determining as described in division	74307
(F)(2)(c) of this section whether an offender does not have the	74308
means to pay for the offender's attendance at an alcohol and drug	74309
addiction treatment program or whether an alleged offender or	74310
delinquent child is unable to pay the costs specified in division	74311
(H)(4) of this section, the court shall use the indigent client	74312
eligibility guidelines and the standards of indigency established	74313
by the state public defender to make the determination.	74314

(6) The court shall identify and refer any alcohol and drug	74315
addiction program that is not certified under section 3793.06 of	74316
the Revised Code and that is interested in receiving amounts from	74317
the surplus in the fund declared under division (H)(4) of this	74318
section to the department of alcohol and drug addiction services	74319
in order for the program to become a certified alcohol and drug	74320
addiction program. The department shall keep a record of	74321
applicant referrals received pursuant to this division and shall	74322
submit a report on the referrals each year to the general	74323
assembly. If a program interested in becoming certified makes an	74324
application to become certified pursuant to section 3793.06 of	74325
the Revised Code, the program is eligible to receive surplus	74326
funds as long as the application is pending with the department.	74327
The department of alcohol and drug addiction services must offer	74328
technical assistance to the applicant. If the interested program	74329
withdraws the certification application, the department must	74330
notify the court, and the court shall not provide the interested	74331
program with any further surplus funds.	74332

(7)(a) Each alcohol and drug addiction services board and	74333
board of alcohol, drug addiction, and mental health services	74334
established pursuant to section 340.02 or 340.021 of the Revised	74335
Code shall submit to the department of alcohol and drug addiction	74336
services an annual report for each indigent drivers alcohol	74337
treatment fund in that board's area.	74338

(b) The report, which shall be submitted not later than sixty	74339
days after the end of the state fiscal year, shall provide the	74340
total payment that was made from the fund, including the number of	74341
indigent consumers that received treatment services and the number	74342
of indigent consumers that received an alcohol monitoring device.	74343
The report shall identify the treatment program or expenditure	74344
for an alcohol monitoring device for which that payment was made.	74345
The report shall include the fiscal year balance of each indigent	74346
drivers alcohol treatment fund located in that board's area. In	74347
the event that a surplus is declared in the fund pursuant to	74348
division (H)(4) of this section, the report also shall provide the	74349
total payment that was made from the surplus moneys and identify	74350
the treatment program or expenditure for an alcohol monitoring	74351
device for which that payment was made. The department may require	74352
additional information necessary to complete the comprehensive	74353
statewide alcohol and drug addiction services plan as required by	74354
section 3793.04 of the Revised Code.	74355

(c) If a board is unable to obtain adequate information to	74356
develop the report to submit to the department for a particular	74357
indigent drivers alcohol treatment fund, the board shall submit a	74358
report detailing the effort made in obtaining the information.	74359

(I)(1) Each county shall establish an indigent drivers	74360
interlock and alcohol monitoring fund and a juvenile indigent	74361
drivers interlock and alcohol treatment fund, and each municipal	74362
corporation in which there is a municipal court shall establish an	74363
indigent drivers interlock and alcohol monitoring fund. All	74364
revenue that the general assembly appropriates to the indigent	74365
drivers interlock and alcohol monitoring fund for transfer to a	74366
county indigent drivers interlock and alcohol monitoring fund, a	74367
county juvenile indigent drivers interlock and alcohol monitoring	74368
fund, or a municipal indigent drivers interlock and alcohol	74369
monitoring fund, all portions of license reinstatement fees that	74370
are paid under division (F)(2) of this section and that are	74371
credited under that division to the indigent drivers interlock and	74372
alcohol monitoring fund in the state treasury, and all portions of	74373
fines that are paid under division (G) of section 4511.19 of the	74374
Revised Code and that are credited by division (G)(5)(e) of that	74375
section to the indigent drivers interlock and alcohol monitoring	74376
fund in the state treasury shall be deposited in the appropriate	74377
fund in accordance with division (I)(2) of this section.	74378

(2) That portion of the license reinstatement fee that is	74379
paid under division (F) of this section and that portion of the	74380
fine paid under division (G) of section 4511.19 of the Revised	74381
Code and that is credited under either division to the indigent	74382
drivers interlock and alcohol monitoring fund shall be deposited	74383
into a county indigent drivers interlock and alcohol monitoring	74384
fund, a county juvenile indigent drivers interlock and alcohol	74385
monitoring fund, or a municipal indigent drivers interlock and	74386
alcohol monitoring fund as follows:	74387

(a) If the fee or fine is paid by a person who was charged in	74388
a county court with the violation that resulted in the suspension	74389
or fine, the portion shall be deposited into the county indigent	74390
drivers interlock and alcohol monitoring fund under the control of	74391
that court.	74392

(b) If the fee or fine is paid by a person who was charged in	74393
a juvenile court with the violation that resulted in the	74394
suspension or fine, the portion shall be deposited into the county	74395
juvenile indigent drivers interlock and alcohol monitoring fund	74396
established in the county served by the court.	74397

(c) If the fee or fine is paid by a person who was charged in	74398
a municipal court with the violation that resulted in the	74399
suspension, the portion shall be deposited into the municipal	74400
indigent drivers interlock and alcohol monitoring fund under the	74401
control of that court.	74402

Sec. 4511.81. (A) When any child who is in either or both of	74403
the following categories is being transported in a motor vehicle,	74404
other than a taxicab or public safety vehicle as defined in	74405
section 4511.01 of the Revised Code, that is required by the	74406
United States department of transportation to be equipped with	74407
seat belts at the time of manufacture or assembly, the operator of	74408
the motor vehicle shall have the child properly secured in	74409
accordance with the manufacturer's instructions in a child	74410
restraint system that meets federal motor vehicle safety	74411
standards:	74412

(1) A child who is less than four years of age;

74413

(2) A child who weighs less than forty pounds.

74414

(B) When any child who is in either or both of the following	74415
categories is being transported in a motor vehicle, other than a	74416
taxicab, that is owned, leased, or otherwise under the control of	74417
a nursery school or day-care center, the operator of the motor	74418
vehicle shall have the child properly secured in accordance with	74419
the manufacturer's instructions in a child restraint system that	74420
meets federal motor vehicle safety standards:	74421

(1) A child who is less than four years of age;

74422

(2) A child who weighs less than forty pounds.

74423

(C) When any child who is less than eight years of age and	74424
less than four feet nine inches in height, who is not required by	74425
division (A) or (B) of this section to be secured in a child	74426
restraint system, is being transported in a motor vehicle, other	74427
than a taxicab or public safety vehicle as defined in section	74428
4511.01 of the Revised Code or a vehicle that is regulated under	74429
section 5104.011 of the Revised Code, that is required by the	74430
United States department of transportation to be equipped with	74431
seat belts at the time of manufacture or assembly, the operator	74432
of the motor vehicle shall have the child properly secured in	74433
accordance with the manufacturer's instructions on a booster	74434
seat that meets federal motor vehicle safety standards.	74435

(D) When any child who is at least eight years of age but	74436
not older than fifteen years of age, and who is not otherwise	74437
required by division (A), (B), or (C) of this section to be	74438
secured in a child restraint system or booster seat, is being	74439
transported in a motor vehicle, other than a taxicab or public	74440
safety vehicle as defined in section 4511.01 of the Revised	74441
Code, that is required by the United States department of	74442
transportation to be equipped with seat belts at the time of	74443
manufacture or assembly, the operator of the motor vehicle shall	74444
have the child properly restrained either in accordance with the	74445
manufacturer's instructions in a child restraint system or	74446
booster seat that meets federal motor vehicle safety standards	74447
or in an occupant restraining device as defined in section	74448
4513.263 of the Revised Code.	74449

(E) Notwithstanding any provision of law to the contrary, no	74450
law enforcement officer shall cause an operator of a motor	74451
vehicle being operated on any street or highway to stop the motor	74452
vehicle for the sole purpose of determining whether a violation	74453
of division (C) or (D) of this section has been or is being	74454
committed or for the sole purpose of issuing a ticket, citation,	74455
or summons for a violation of division (C) or (D) of this	74456
section or causing the arrest of or commencing a prosecution of	74457
a person for a violation of division (C) or (D) of this section,	74458
and absent another violation of law, a law enforcement	74459
officer's view of the interior or visual inspection of a motor	74460
vehicle being operated on any street or highway may not be used	74461
for the purpose of determining whether a violation of division	74462
(C) or (D) of this section has been or is being committed.	74463

(F) The director of public safety shall adopt such rules as	74464
are necessary to carry out this section.	74465

(G) The failure of an operator of a motor vehicle to secure a	74466
child in a child restraint system, a booster seat, or an occupant	74467
restraining device as required by this section is not negligence	74468
imputable to the child,and is not admissible as evidence in any	74469
civil action involving the rights of the child against any other	74470
person allegedly liable for injuries to the child~~, is not to be~~	74471
~~used as a basis for a criminal prosecution of the operator of~~	74472
~~the motor vehicle other than a prosecution for a violation of this~~	74473
~~section, and is not admissible as evidence in any criminal action~~	74474
~~involving the operator of the motor vehicle other than a~~	74475
~~prosecution for a violation of this section~~.	74476

(H) This section does not apply when an emergency exists that	74477
threatens the life of any person operating or occupying a motor	74478
vehicle that is being used to transport a child who otherwise	74479
would be required to be restrained under this section. This	74480
section does not apply to a person operating a motor vehicle	74481
who has an affidavit signed by a physician licensed to practice	74482
in this state under Chapter 4731. of the Revised Code or a	74483
chiropractor licensed to practice in this state under Chapter	74484
4734. of the Revised Code that states that the child who	74485
otherwise would be required to be restrained under this section	74486
has a physical impairment that makes use of a child restraint	74487
system, booster seat, or an occupant restraining device	74488
impossible or impractical, provided that the person operating the	74489
vehicle has safely and appropriately restrained the child in	74490
accordance with any recommendations of the physician or	74491
chiropractor as noted on the affidavit.	74492

(I) There is hereby created in the state treasury the child	74493
highway safety fund, consisting of fines imposed pursuant to	74494
division ~~(K)~~(L)(1) of this section for violations of divisions	74495
(A), (B), (C), and (D) of this section. The money in the fund	74496
shall be used by the department of health ~~only to defray the~~	74497
~~cost of designating hospitals as pediatric trauma centers under~~	74498
~~section 3727.081 of the Revised Code and~~ to establish and	74499
administer a child highway safety program. The purpose of the	74500
program shall be to educate the public about child restraint	74501
systems and booster seats and the importance of their proper	74502
use. The program also shall include a process for providing	74503
child restraint systems and booster seats to persons who meet the	74504
eligibility criteria established by the department, and a	74505
toll-free telephone number the public may utilize to obtain	74506
information about child restraint systems and booster seats, and	74507
their proper use.	74508

(J) The director of health, in accordance with Chapter 119.	74509
of the Revised Code, shall adopt any rules necessary to carry out	74510
this section, including rules establishing the criteria a person	74511
must meet in order to receive a child restraint system or booster	74512
seat under the department's child highway safety program;	74513
~~provided that rules relating to the verification of pediatric~~	74514
~~trauma centers shall not be adopted under this section~~.	74515

(K) Nothing in this section shall be construed to require	74516
any person to carry with the person the birth certificate of a	74517
child to prove the age of the child, but the production of a valid	74518
birth certificate for a child showing that the child was not of an	74519
age to which this section applies is a defense against any ticket,	74520
citation, or summons issued for violating this section.	74521

(L)(1) Whoever violates division (A), (B), (C), or (D) of	74522
this section shall be punished as follows, provided that the	74523
failure of an operator of a motor vehicle to secure more than one	74524
child in a child restraint system, booster seat, or occupant	74525
restraining device as required by this section that occurred at	74526
the same time, on the same day, and at the same location is deemed	74527
to be a single violation of this section:	74528

(a) Except as otherwise provided in division (L)(1)(b) of	74529
this section, the offender is guilty of a minor misdemeanor and	74530
shall be fined not less than ~~twenty-five~~fifty dollars nor more	74531
than seventy-five dollars for a first offense.	74532

(b) If the offender previously has been convicted of or	74533
pleaded guilty to a violation of division (A), (B), (C), or (D)	74534
of this section or of a municipal ordinance that is substantially	74535
similar to any of those divisions, the offender is guilty of a	74536
misdemeanor of the fourth degree and shall be fined not less than	74537
one hundred dollars.	74538

(2) ~~All fines~~For every fine imposed pursuant to division	74539
(L)(1) of this section not less than fifty dollars shall be	74540
forwarded to the treasurer of state for deposit in the child	74541
highway safety fund created by division (I) of this section.	74542

Sec. 4513.021. (A) As used in this section:

74543

(1) "Passenger car" means any motor vehicle with motive	74544
power, designed for carrying ten persons or less, except a	74545
multipurpose passenger vehicle or motorcycle.	74546

(2) "Multipurpose passenger vehicle" means a motor vehicle	74547
with motive power, except a motorcycle, designed to carry ten	74548
persons or less, that is constructed either on a truck chassis or	74549
with special features for occasional off-road operation.	74550

(3) "Truck" means every motor vehicle, except trailers and	74551
semitrailers, designed and used to carry property and having a	74552
gross vehicle weight rating of ten thousand pounds or less.	74553

(4) "Manufacturer" has the same meaning as in section 4501.01	74554
of the Revised Code.	74555

(5) "Gross vehicle weight rating" means the manufacturer's	74556
gross vehicle weight rating established for that vehicle.	74557

(B) The director of public safety, in accordance with Chapter	74558
119. of the Revised Code, shall adopt rules in conformance with	74559
standards of the vehicle equipment safety commission, that shall	74560
govern the maximum bumper height or, in the absence of bumpers and	74561
in cases where bumper heights have been lowered or modified, the	74562
maximum height to the bottom of the frame rail, of any passenger	74563
car, multipurpose passenger vehicle, or truck.	74564

(C) No person shall operate upon a street or highway any	74565
passenger car, multipurpose passenger vehicle, or truck registered	74566
in this state that does not conform to the requirements of this	74567
section or to any applicable rule adopted pursuant to this	74568
section.	74569

(D) No person shall modify any motor vehicle registered in	74570
this state in such a manner as to cause the vehicle body or	74571
chassis to come in contact with the ground, expose the fuel tank	74572
to damage from collision, or cause the wheels to come in contact	74573
with the body under normal operation, and no person shall	74574
disconnect any part of the original suspension system of the	74575
vehicle to defeat the safe operation of that system.	74576

(E) Nothing contained in this section or in the rules adopted	74577
pursuant to this section shall be construed to prohibit either of	74578
the following:	74579

(1) The installation upon a passenger car, multipurpose	74580
passenger vehicle, or truck registered in this state of heavy duty	74581
equipment, including shock absorbers and overload springs;	74582

(2) The operation on a street or highway of a passenger car,	74583
multipurpose passenger vehicle, or truck registered in this state	74584
with normal wear to the suspension system if the normal wear does	74585
not adversely affect the control of the vehicle.	74586

(F) This section and the rules adopted pursuant to it do not	74587
apply to any specially designed or modified passenger car,	74588
multipurpose passenger vehicle, or truck when operated off a	74589
street or highway in races and similar events.	74590

(G) ~~Except as otherwise provided in this division, whoever~~	74591
Whoever violates this section is guilty of a minor misdemeanor. If	74592
~~the offender previously has been convicted of a violation of this~~	74593
~~section, whoever violates this section is guilty of a misdemeanor~~	74594
~~of the third degree.~~	74595

Sec. 4513.03. (A) Every vehicle upon a street or highway	74596
within this state during the time from sunset to sunrise, and at	74597
any other time when there are unfavorable atmospheric conditions	74598
or when there is not sufficient natural light to render	74599
discernible persons, vehicles, and substantial objects on the	74600
highway at a distance of one thousand feet ahead, shall display	74601
lighted lights and illuminating devices as required by sections	74602
4513.04 to 4513.37 of the Revised Code, for different classes of	74603
vehicles; except that every motorized bicycle shall display at	74604
such times lighted lights meeting the rules adopted by the	74605
director of public safety under section 4511.521 of the Revised	74606
Code. No motor vehicle, during such times, shall be operated upon	74607
a street or highway within this state using only parking lights as	74608
illumination.	74609

Whenever in such sections a requirement is declared as to the	74610
distance from which certain lamps and devices shall render objects	74611
visible, or within which such lamps or devices shall be visible,	74612
such distance shall be measured upon a straight level unlighted	74613
highway under normal atmospheric conditions unless a different	74614
condition is expressly stated.	74615

Whenever in such sections a requirement is declared as to the	74616
mounted height of lights or devices, it shall mean from the center	74617
of such light or device to the level ground upon which the vehicle	74618
stands.	74619

(B) Whoever violates this section ~~shall be punished as~~	74620
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74621
minor misdemeanor.	74622

Sec. 4513.04. (A) Every motor vehicle, other than a	74623
motorcycle, and every trackless trolley shall be equipped with at	74624
least two headlights with at least one near each side of the front	74625
of the motor vehicle or trackless trolley.	74626

Every motorcycle shall be equipped with at least one and not	74627
more than two headlights.	74628

(B) Whoever violates this section ~~shall be punished as~~	74629
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74630
minor misdemeanor.	74631

Sec. 4513.05. (A) Every motor vehicle, trackless trolley,	74632
trailer, semitrailer, pole trailer, or vehicle which is being	74633
drawn at the end of a train of vehicles shall be equipped with at	74634
least one tail light mounted on the rear which, when lighted,	74635
shall emit a red light visible from a distance of five hundred	74636
feet to the rear, provided that in the case of a train of vehicles	74637
only the tail light on the rearmost vehicle need be visible from	74638
the distance specified.	74639

Either a tail light or a separate light shall be so	74640
constructed and placed as to illuminate with a white light the	74641
rear registration plate, when such registration plate is required,	74642
and render it legible from a distance of fifty feet to the rear.	74643
Any tail light, together with any separate light for illuminating	74644
the rear registration plate, shall be so wired as to be lighted	74645
whenever the headlights or auxiliary driving lights are lighted,	74646
except where separate lighting systems are provided for trailers	74647
for the purpose of illuminating such registration plate.	74648

(B) Whoever violates this section ~~shall be punished as~~	74649
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74650
minor misdemeanor.	74651

Sec. 4513.06. (A) Every new motor vehicle sold after	74652
September 6, 1941, and operated on a highway, other than a	74653
commercial tractor, to which a trailer or semitrailer is attached	74654
shall carry at the rear, either as a part of the tail lamps or	74655
separately, two red reflectors meeting the requirements of this	74656
section, except that vehicles of the type mentioned in section	74657
4513.07 of the Revised Code shall be equipped with reflectors as	74658
required by the regulations provided for in said section.	74659

Every such reflector shall be of such size and	74660
characteristics and so maintained as to be visible at night from	74661
all distances within three hundred feet to fifty feet from such	74662
vehicle.	74663

(B) Whoever violates this section ~~shall be punished as~~	74664
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74665
minor misdemeanor.	74666

Sec. 4513.07. (A) The director of public safety shall	74667
prescribe and promulgate regulations relating to clearance lights,	74668
marker lights, reflectors, and stop lights on buses, trackless	74669
trolleys, trucks, commercial tractors, trailers, semitrailers, and	74670
pole trailers, when operated upon any highway, and such vehicles	74671
shall be equipped as required by such regulations, and such	74672
equipment shall be lighted at all times mentioned in section	74673
4513.03 of the Revised Code, except that clearance lights and side	74674
marker lights need not be lighted on any such vehicle when it is	74675
operated within a municipal corporation where there is sufficient	74676
light to reveal any person or substantial object on the highway at	74677
a distance of five hundred feet.	74678

Such equipment shall be in addition to all other lights	74679
specifically required by sections 4513.03 to 4513.16 of the	74680
Revised Code.	74681

Vehicles operated under the jurisdiction of the public	74682
utilities commission are not subject to this section.	74683

(B) Whoever violates this section ~~shall be punished as~~	74684
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74685
minor misdemeanor.	74686

Sec. 4513.071. (A) Every motor vehicle, trailer,	74687
semitrailer, and pole trailer when operated upon a highway shall	74688
be equipped with two or more stop lights, except that passenger	74689
cars manufactured or assembled prior to January 1, 1967,	74690
motorcycles, and motor-driven cycles shall be equipped with at	74691
least one stop light. Stop lights shall be mounted on the rear of	74692
the vehicle, actuated upon application of the service brake, and	74693
may be incorporated with other rear lights. Such stop lights when	74694
actuated shall emit a red light visible from a distance of five	74695
hundred feet to the rear, provided that in the case of a train of	74696
vehicles only the stop lights on the rear-most vehicle need be	74697
visible from the distance specified.	74698

Such stop lights when actuated shall give a steady warning	74699
light to the rear of a vehicle or train of vehicles to indicate	74700
the intention of the operator to diminish the speed of or stop a	74701
vehicle or train of vehicles.	74702

When stop lights are used as required by this section, they	74703
shall be constructed or installed so as to provide adequate and	74704
reliable illumination and shall conform to the appropriate rules	74705
and regulations established under section 4513.19 of the Revised	74706
Code.	74707

Historical motor vehicles as defined in section 4503.181 of	74708
the Revised Code, not originally manufactured with stop lights,	74709
are not subject to this section.	74710

(B) Whoever violates this section ~~shall be punished as~~	74711
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74712
minor misdemeanor.	74713

Sec. 4513.09. (A) Whenever the load upon any vehicle extends	74714
to the rear four feet or more beyond the bed or body of such	74715
vehicle, there shall be displayed at the extreme rear end of the	74716
load, at the times specified in section 4513.03 of the Revised	74717
Code, a red light or lantern plainly visible from a distance of at	74718
least five hundred feet to the sides and rear. The red light or	74719
lantern required by this section is in addition to the red rear	74720
light required upon every vehicle. At any other time there shall	74721
be displayed at the extreme rear end of such load a red flag or	74722
cloth not less than sixteen inches square.	74723

(B) Whoever violates this section ~~shall be punished as~~	74724
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74725
minor misdemeanor.	74726

Sec. 4513.11. (A) All vehicles other than bicycles,	74727
including animal-drawn vehicles and vehicles referred to in	74728
division (G) of section 4513.02 of the Revised Code, not	74729
specifically required to be equipped with lamps or other lighting	74730
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,	74731
at the times specified in section 4513.03 of the Revised Code, be	74732
equipped with at least one lamp displaying a white light visible	74733
from a distance of not less than one thousand feet to the front of	74734
the vehicle, and also shall be equipped with two lamps displaying	74735
red light visible from a distance of not less than one thousand	74736
feet to the rear of the vehicle, or as an alternative, one lamp	74737
displaying a red light visible from a distance of not less than	74738
one thousand feet to the rear and two red reflectors visible from	74739
all distances of six hundred feet to one hundred feet to the rear	74740
when illuminated by the lawful lower beams of headlamps.	74741

Lamps and reflectors required or authorized by this section	74742
shall meet standards adopted by the director of public safety.	74743

(B) All boat trailers, farm machinery, and other machinery,	74744
including all road construction machinery, upon a street or	74745
highway, except when being used in actual construction and	74746
maintenance work in an area guarded by a flagperson, or where	74747
flares are used, or when operating or traveling within the limits	74748
of a construction area designated by the director of	74749
transportation, a city engineer, or the county engineer of the	74750
several counties, when such construction area is marked in	74751
accordance with requirements of the director and the manual of	74752
uniform traffic control devices, as set forth in section 4511.09	74753
of the Revised Code, which is designed for operation at a speed of	74754
twenty-five miles per hour or less shall be operated at a speed	74755
not exceeding twenty-five miles per hour, and shall display a	74756
triangular slow-moving vehicle emblem (SMV). The emblem shall be	74757
mounted so as to be visible from a distance of not less than five	74758
hundred feet to the rear. The director of public safety shall	74759
adopt standards and specifications for the design and position of	74760
mounting the SMV emblem. The standards and specifications for SMV	74761
emblems referred to in this section shall correlate with and, so	74762
far as possible, conform with those approved by the American	74763
society of agricultural engineers.	74764

A unit of farm machinery that is designed by its manufacturer	74765
to operate at a speed greater than twenty-five miles per hour may	74766
be operated on a street or highway at a speed greater than	74767
twenty-five miles per hour provided it is operated in accordance	74768
with this section.	74769

As used in this division, "machinery" does not include any	74770
vehicle designed to be drawn by an animal.	74771

(C) The use of the SMV emblem shall be restricted to	74772
animal-drawn vehicles, and to the slow-moving vehicles specified	74773
in division (B) of this section operating or traveling within the	74774
limits of the highway. Its use on slow-moving vehicles being	74775
transported upon other types of vehicles or on any other type of	74776
vehicle or stationary object on the highway is prohibited.	74777

(D)(1) No person shall sell, lease, rent, or operate any boat	74778
trailer, farm machinery, or other machinery defined as a	74779
slow-moving vehicle in division (B) of this section, except those	74780
units designed to be completely mounted on a primary power unit,	74781
which is manufactured or assembled on or after April 1, 1966,	74782
unless the vehicle is equipped with a slow-moving vehicle emblem	74783
mounting device as specified in division (B) of this section.	74784

(2) No person shall sell, lease, rent, or operate on a street	74785
or highway any unit of farm machinery that is designed by its	74786
manufacturer to operate at a speed greater than twenty-five miles	74787
per hour unless the unit displays a slow-moving vehicle emblem as	74788
specified in division (B) of this section and a speed	74789
identification symbol that meets the specifications contained in	74790
the American society of agricultural engineers standard ANSI/ASAE	74791
S584 JAN2005, agricultural equipment: speed identification symbol	74792
(SIS).	74793

(E) Any boat trailer, farm machinery, or other machinery	74794
defined as a slow-moving vehicle in division (B) of this section,	74795
in addition to the use of the slow-moving vehicle emblem, and any	74796
unit of farm machinery that is designed by its manufacturer to	74797
operate at a speed greater than twenty-five miles per hour, in	74798
addition to the display of a speed identification symbol, may be	74799
equipped with a red flashing light that shall be visible from a	74800
distance of not less than one thousand feet to the rear at all	74801
times specified in section 4513.03 of the Revised Code. When a	74802
double-faced light is used, it shall display amber light to the	74803
front and red light to the rear.	74804

In addition to the lights described in this division, farm	74805
machinery and motor vehicles escorting farm machinery may display	74806
a flashing, oscillating, or rotating amber light, as permitted by	74807
section 4513.17 of the Revised Code, and also may display	74808
simultaneously flashing turn signals or warning lights, as	74809
permitted by that section.	74810

(F) Every animal-drawn vehicle upon a street or highway shall	74811
at all times be equipped in one of the following ways:	74812

(1) With a slow-moving vehicle emblem complying with division	74813
(B) of this section;	74814

(2) With alternate reflective material complying with rules	74815
adopted under this division;	74816

(3) With both a slow-moving vehicle emblem and alternate	74817
reflective material as specified in this division.	74818

The director of public safety, subject to Chapter 119. of the	74819
Revised Code, shall adopt rules establishing standards and	74820
specifications for the position of mounting of the alternate	74821
reflective material authorized by this division. The rules shall	74822
permit, as a minimum, the alternate reflective material to be	74823
black, gray, or silver in color. The alternate reflective material	74824
shall be mounted on the animal-drawn vehicle so as to be visible,	74825
at all times specified in section 4513.03 of the Revised Code,	74826
from a distance of not less than five hundred feet to the rear	74827
when illuminated by the lawful lower beams of headlamps.	74828

(G) Every unit of farm machinery that is designed by its	74829
manufacturer to operate at a speed greater than twenty-five miles	74830
per hour shall display a slow-moving vehicle emblem and a speed	74831
identification symbol that meets the specifications contained in	74832
the American society of agricultural engineers standard ANSI/ASAE	74833
S584 JAN2005, agricultural equipment: speed identification symbol	74834
(SIS) when the unit is operated upon a street or highway,	74835
irrespective of the speed at which the unit is operated on the	74836
street or highway. The speed identification symbol shall indicate	74837
the maximum speed in miles per hour at which the unit of farm	74838
machinery is designed by its manufacturer to operate. The display	74839
of the speed identification symbol shall be in accordance with the	74840
standard prescribed in this division.	74841

If an agricultural tractor that is designed by its	74842
manufacturer to operate at a speed greater than twenty-five miles	74843
per hour is being operated on a street or highway at a speed	74844
greater than twenty-five miles per hour and is towing, pulling, or	74845
otherwise drawing a unit of farm machinery, the unit of farm	74846
machinery shall display a slow-moving vehicle emblem and a speed	74847
identification symbol that is the same as the speed identification	74848
symbol that is displayed on the agricultural tractor.	74849

(H) When an agricultural tractor that is designed by its	74850
manufacturer to operate at a speed greater than twenty-five miles	74851
per hour is being operated on a street or highway at a speed	74852
greater than twenty-five miles per hour, the operator shall	74853
possess some documentation published or provided by the	74854
manufacturer indicating the maximum speed in miles per hour at	74855
which the manufacturer designed the agricultural tractor to	74856
operate.	74857

(I) Whoever violates this section ~~shall be punished as~~	74858
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74859
minor misdemeanor.	74860

(J) As used in this section, "boat trailer" means any vehicle	74861
designed and used exclusively to transport a boat between a place	74862
of storage and a marina, or in and around a marina, when drawn or	74863
towed on a street or highway for a distance of no more than ten	74864
miles and at a speed of twenty-five miles per hour or less.	74865

Sec. 4513.111. (A)(1) Every multi-wheel agricultural tractor	74866
whose model year was 2001 or earlier, when being operated or	74867
traveling on a street or highway at the times specified in section	74868
4513.03 of the Revised Code, at a minimum shall be equipped with	74869
and display reflectors and illuminated amber lamps so that the	74870
extreme left and right projections of the tractor are indicated by	74871
flashing lamps displaying amber light, visible to the front and	74872
the rear, by amber reflectors, all visible to the front, and by	74873
red reflectors, all visible to the rear.	74874

(2) The lamps displaying amber light need not flash	74875
simultaneously and need not flash in conjunction with any	74876
directional signals of the tractor.	74877

(3) The lamps and reflectors required by division (A)(1) of	74878
this section and their placement shall meet standards and	74879
specifications contained in rules adopted by the director of	74880
public safety in accordance with Chapter 119. of the Revised Code.	74881
The rules governing the amber lamps, amber reflectors, and red	74882
reflectors and their placement shall correlate with and, as far as	74883
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	74884
respectively of the American society of agricultural engineers	74885
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	74886
agricultural equipment on highways.	74887

(B) Every unit of farm machinery whose model year was 2002 or	74888
later, when being operated or traveling on a street or highway at	74889
the times specified in section 4513.03 of the Revised Code, shall	74890
be equipped with and display markings and illuminated lamps that	74891
meet or exceed the lighting, illumination, and marking standards	74892
and specifications that are applicable to that type of farm	74893
machinery for the unit's model year specified in the American	74894
society of agricultural engineers standard ANSI/ASAE S279.11	74895
APR01, lighting and marking of agricultural equipment on highways,	74896
or any subsequent revisions of that standard.	74897

(C) The lights and reflectors required by division (A) of	74898
this section are in addition to the slow-moving vehicle emblem and	74899
lights required or permitted by section 4513.11 or 4513.17 of the	74900
Revised Code to be displayed on farm machinery being operated or	74901
traveling on a street or highway.	74902

(D) No person shall operate any unit of farm machinery on a	74903
street or highway or cause any unit of farm machinery to travel on	74904
a street or highway in violation of division (A) or (B) of this	74905
section.	74906

(E) Whoever violates this section ~~shall be punished as~~	74907
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74908
minor misdemeanor.	74909

Sec. 4513.12. (A) Any motor vehicle may be equipped with not	74910
more than one spotlight and every lighted spotlight shall be so	74911
aimed and used upon approaching another vehicle that no part of	74912
the high-intensity portion of the beam will be directed to the	74913
left of the prolongation of the extreme left side of the vehicle,	74914
nor more than one hundred feet ahead of the vehicle.	74915

Any motor vehicle may be equipped with not more than three	74916
auxiliary driving lights mounted on the front of the vehicle. The	74917
director of public safety shall prescribe specifications for	74918
auxiliary driving lights and regulations for their use, and any	74919
such lights which do not conform to said specifications and	74920
regulations shall not be used.	74921

(B) Whoever violates this section ~~shall be punished as~~	74922
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74923
minor misdemeanor.	74924

Sec. 4513.13. (A) Any motor vehicle may be equipped with	74925
side cowl or fender lights which shall emit a white or amber light	74926
without glare.	74927

Any motor vehicle may be equipped with lights on each side	74928
thereof which shall emit a white or amber light without glare.	74929

Any motor vehicle may be equipped with back-up lights, either	74930
separately or in combination with another light. No back-up lights	74931
shall be continuously lighted when the motor vehicle is in forward	74932
motion.	74933

(B) Whoever violates this section ~~shall be punished as~~	74934
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74935
minor misdemeanor.	74936

Sec. 4513.14. (A) At all times mentioned in section 4513.03	74937
of the Revised Code at least two lighted lights shall be	74938
displayed, one near each side of the front of every motor vehicle	74939
and trackless trolley, except when such vehicle or trackless	74940
trolley is parked subject to the regulations governing lights on	74941
parked vehicles and trackless trolleys.	74942

The director of public safety shall prescribe and promulgate	74943
regulations relating to the design and use of such lights and such	74944
regulations shall be in accordance with currently recognized	74945
standards.	74946

(B) Whoever violates this section ~~shall be punished as~~	74947
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74948
minor misdemeanor.	74949

Sec. 4513.15. (A) Whenever a motor vehicle is being operated	74950
on a roadway or shoulder adjacent thereto during the times	74951
specified in section 4513.03 of the Revised Code, the driver shall	74952
use a distribution of light, or composite beam, directed high	74953
enough and of sufficient intensity to reveal persons, vehicles,	74954
and substantial objects at a safe distance in advance of the	74955
vehicle, subject to the following requirements;	74956

(1) Whenever the driver of a vehicle approaches an oncoming	74957
vehicle, such driver shall use a distribution of light, or	74958
composite beam, so aimed that the glaring rays are not projected	74959
into the eyes of the oncoming driver.	74960

(2) Every new motor vehicle registered in this state, which	74961
has multiple-beam road lighting equipment shall be equipped with a	74962
beam indicator, which shall be lighted whenever the uppermost	74963
distribution of light from the headlights is in use, and shall not	74964
otherwise be lighted. Said indicator shall be so designed and	74965
located that, when lighted, it will be readily visible without	74966
glare to the driver of the vehicle.	74967

(B) Whoever violates this section ~~shall be punished as~~	74968
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74969
minor misdemeanor.	74970

Sec. 4513.16. (A) Any motor vehicle may be operated under	74971
the conditions specified in section 4513.03 of the Revised Code	74972
when it is equipped with two lighted lights upon the front thereof	74973
capable of revealing persons and substantial objects seventy-five	74974
feet ahead, in lieu of lights required in section 4513.14 of the	74975
Revised Code, provided that such vehicle shall not be operated at	74976
a speed in excess of twenty miles per hour.	74977

(B) Whoever violates this section ~~shall be punished as~~	74978
~~provided in section 4513.99 of the Revised Code~~is guilty of a	74979
minor misdemeanor.	74980

Sec. 4513.17. (A) Whenever a motor vehicle equipped with	74981
headlights also is equipped with any auxiliary lights or spotlight	74982
or any other light on the front thereof projecting a beam of an	74983
intensity greater than three hundred candle power, not more than a	74984
total of five of any such lights on the front of a vehicle shall	74985
be lighted at any one time when the vehicle is upon a highway.	74986

(B) Any lighted light or illuminating device upon a motor	74987
vehicle, other than headlights, spotlights, signal lights, or	74988
auxiliary driving lights, that projects a beam of light of an	74989
intensity greater than three hundred candle power, shall be so	74990
directed that no part of the beam will strike the level of the	74991
roadway on which the vehicle stands at a distance of more than	74992
seventy-five feet from the vehicle.	74993

(C)(1) Flashing lights are prohibited on motor vehicles,	74994
except as a means for indicating a right or a left turn, or in the	74995
presence of a vehicular traffic hazard requiring unusual care in	74996
approaching, or overtaking or passing. This prohibition does not	74997
apply to emergency vehicles, road service vehicles servicing or	74998
towing a disabled vehicle, traffic line stripers, snow plows,	74999
rural mail delivery vehicles, vehicles as provided in section	75000
4513.182 of the Revised Code, department of transportation	75001
maintenance vehicles, funeral hearses, funeral escort vehicles,	75002
and similar equipment operated by the department or local	75003
authorities, which shall be equipped with and display, when used	75004
on a street or highway for the special purpose necessitating such	75005
lights, a flashing, oscillating, or rotating amber light, but	75006
shall not display a flashing, oscillating, or rotating light of	75007
any other color, nor to vehicles or machinery permitted by section	75008
4513.11 of the Revised Code to have a flashing red light.	75009

(2) When used on a street or highway, farm machinery and	75010
vehicles escorting farm machinery may be equipped with and display	75011
a flashing, oscillating, or rotating amber light, and the	75012
prohibition contained in division (C)(1) of this section does not	75013
apply to such machinery or vehicles. Farm machinery also may	75014
display the lights described in section 4513.11 of the Revised	75015
Code.	75016

(D) Except a person operating a public safety vehicle, as	75017
defined in division (E) of section 4511.01 of the Revised Code, or	75018
a school bus, no person shall operate, move, or park upon, or	75019
permit to stand within the right-of-way of any public street or	75020
highway any vehicle or equipment that is equipped with and	75021
displaying a flashing red or a flashing combination red and white	75022
light, or an oscillating or rotating red light, or a combination	75023
red and white oscillating or rotating light; and except a public	75024
law enforcement officer, or other person sworn to enforce the	75025
criminal and traffic laws of the state, operating a public safety	75026
vehicle when on duty, no person shall operate, move, or park upon,	75027
or permit to stand within the right-of-way of any street or	75028
highway any vehicle or equipment that is equipped with, or upon	75029
which is mounted, and displaying a flashing blue or a flashing	75030
combination blue and white light, or an oscillating or rotating	75031
blue light, or a combination blue and white oscillating or	75032
rotating light.	75033

(E) This section does not prohibit the use of warning lights	75034
required by law or the simultaneous flashing of turn signals on	75035
disabled vehicles or on vehicles being operated in unfavorable	75036
atmospheric conditions in order to enhance their visibility. This	75037
section also does not prohibit the simultaneous flashing of turn	75038
signals or warning lights either on farm machinery or vehicles	75039
escorting farm machinery, when used on a street or highway.	75040

(F) Whoever violates this section ~~shall be punished as~~	75041
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75042
minor misdemeanor.	75043

Sec. 4513.171. (A) Notwithstanding any other provision of	75044
law, a motor vehicle operated by a coroner, deputy coroner, or	75045
coroner's investigator may be equipped with a flashing,	75046
oscillating, or rotating red or blue light and a siren, whistle,	75047
or bell capable of emitting sound audible under normal conditions	75048
from a distance of not less than five hundred feet. Such a vehicle	75049
may display the flashing, oscillating, or rotating red or blue	75050
light and may give the audible signal of the siren, exhaust	75051
whistle, or bell only when responding to a fatality or a fatal	75052
motor vehicle accident on a street or highway and only at those	75053
locations where the stoppage of traffic impedes the ability of the	75054
coroner, deputy coroner, or coroner's investigator to arrive at	75055
the site of the fatality.	75056

This section does not relieve a coroner, deputy coroner, or	75057
coroner's investigator operating a motor vehicle from the duty to	75058
drive with due regard for the safety of all persons and property	75059
upon the highway.	75060

(B) Whoever violates this section ~~shall be punished as~~	75061
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75062
minor misdemeanor.	75063

Sec. 4513.18. (A) The director of transportation shall adopt	75064
standards and specifications applicable to headlights, clearance	75065
lights, identification, and other lights, on snow removal	75066
equipment when operated on the highways, and on vehicles operating	75067
under special permits pursuant to section 4513.34 of the Revised	75068
Code, in lieu of the lights otherwise required on motor vehicles.	75069
Such standards and specifications may permit the use of flashing	75070
lights for purposes of identification on snow removal equipment,	75071
and oversize vehicles when in service upon the highways. The	75072
standards and specifications for lights referred to in this	75073
section shall correlate with and, so far as possible, conform with	75074
those approved by the American association of state highway	75075
officials.	75076

It is unlawful to operate snow removal equipment on a highway	75077
unless the lights thereon comply with and are lighted when and as	75078
required by the standards and specifications adopted as provided	75079
in this section.	75080

(B) Whoever violates this section ~~shall be punished as~~	75081
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75082
minor misdemeanor.	75083

Sec. 4513.19. (A) No person shall use any lights mentioned	75084
in sections 4513.03 to 4513.18 of the Revised Code upon any motor	75085
vehicle, trailer, or semitrailer unless said lights are equipped,	75086
mounted, and adjusted as to focus and aim in accordance with	75087
regulations which are prescribed by the director of public safety.	75088

(B) Whoever violates this section ~~shall be punished as~~	75089
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75090
minor misdemeanor.	75091

Sec. 4513.21. (A) Every motor vehicle or trackless trolley	75092
when operated upon a highway shall be equipped with a horn which	75093
is in good working order and capable of emitting sound audible,	75094
under normal conditions, from a distance of not less than two	75095
hundred feet.	75096

No motor vehicle or trackless trolley shall be equipped with,	75097
nor shall any person use upon a vehicle, any siren, whistle, or	75098
bell. Any vehicle may be equipped with a theft alarm signal device	75099
which shall be so arranged that it cannot be used as an ordinary	75100
warning signal. Every emergency vehicle shall be equipped with a	75101
siren, whistle, or bell, capable of emitting sound audible under	75102
normal conditions from a distance of not less than five hundred	75103
feet and of a type approved by the director of public safety. Such	75104
equipment shall not be used except when such vehicle is operated	75105
in response to an emergency call or is in the immediate pursuit of	75106
an actual or suspected violator of the law, in which case the	75107
driver of the emergency vehicle shall sound such equipment when it	75108
is necessary to warn pedestrians and other drivers of the approach	75109
thereof.	75110

(B) Whoever violates this section ~~shall be punished as~~	75111
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75112
minor misdemeanor.	75113

Sec. 4513.22. (A) Every motor vehicle and motorcycle with an	75114
internal combustion engine shall at all times be equipped with a	75115
muffler which is in good working order and in constant operation	75116
to prevent excessive or unusual noise, and no person shall use a	75117
muffler cutout, by-pass, or similar device upon a motor vehicle on	75118
a highway. Every motorcycle muffler shall be equipped with baffle	75119
plates.	75120

No person shall own, operate, or have in the person's	75121
possession any motor vehicle or motorcycle equipped with a device	75122
for producing excessive smoke or gas, or so equipped as to permit	75123
oil or any other chemical to flow into or upon the exhaust pipe or	75124
muffler of such vehicle, or equipped in any other way to produce	75125
or emit smoke or dangerous or annoying gases from any portion of	75126
such vehicle, other than the ordinary gases emitted by the exhaust	75127
of an internal combustion engine under normal operation.	75128

(B) Whoever violates this section ~~shall be punished as~~	75129
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75130
minor misdemeanor.	75131

Sec. 4513.23. (A) Every motor vehicle, motorcycle, and	75132
trackless trolley shall be equipped with a mirror so located as to	75133
reflect to the operator a view of the highway to the rear of such	75134
vehicle, motorcycle, or trackless trolley. Operators of vehicles,	75135
motorcycles, streetcars, and trackless trolleys shall have a clear	75136
and unobstructed view to the front and to both sides of their	75137
vehicles, motorcycles, streetcars, or trackless trolleys and shall	75138
have a clear view to the rear of their vehicles, motorcycles,	75139
streetcars, or trackless trolleys by mirror.	75140

(B) Whoever violates this section ~~shall be punished as~~	75141
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75142
minor misdemeanor.	75143

Sec. 4513.24. (A) No person shall drive any motor vehicle on	75144
a street or highway in this state, other than a motorcycle or	75145
motorized bicycle, that is not equipped with a windshield.	75146

(B) No person shall drive any motor vehicle, other than a	75147
bus, with any sign, poster, or other nontransparent material upon	75148
the front windshield, sidewings, side, or rear windows of such	75149
vehicle other than a certificate or other paper required to be	75150
displayed by law, except that there may be in the lower left-hand	75151
or right-hand corner of the windshield a sign, poster, or decal	75152
not to exceed four inches in height by six inches in width. No	75153
sign, poster, or decal shall be displayed in the front windshield	75154
in such a manner as to conceal the vehicle identification number	75155
for the motor vehicle when, in accordance with federal law, that	75156
number is located inside the vehicle passenger compartment and so	75157
placed as to be readable through the vehicle glazing without	75158
moving any part of the vehicle.	75159

(C) The windshield on every motor vehicle, streetcar, and	75160
trackless trolley shall be equipped with a device for cleaning	75161
rain, snow, or other moisture from the windshield. The device	75162
shall be maintained in good working order and so constructed as to	75163
be controlled or operated by the operator of the vehicle,	75164
streetcar, or trackless trolley.	75165

(D) Whoever violates this section ~~shall be punished as~~	75166
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75167
minor misdemeanor.	75168

Sec. 4513.242. (A) Notwithstanding section 4513.24 and	75169
division (F) of section 4513.241 of the Revised Code or any rule	75170
adopted thereunder, a decal, whether reflectorized or not, may be	75171
displayed upon any side window or sidewing of a motor vehicle if	75172
all of the following are met:	75173

(1) The decal is necessary for public or private security	75174
arrangements to which the motor vehicle periodically is subjected;	75175

(2) The decal is no larger than is necessary to accomplish	75176
the security arrangements;	75177

(3) The decal does not obscure the vision of the motor	75178
vehicle operator or prevent a person looking into the motor	75179
vehicle from seeing or identifying persons or objects inside the	75180
motor vehicle.	75181

(B) Whoever violates this section ~~shall be punished as~~	75182
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75183
minor misdemeanor.	75184

Sec. 4513.28. (A) Whenever any motor truck, trackless	75185
trolley, bus, commercial tractor, trailer, semi-trailer, or pole	75186
trailer is disabled upon the traveled portion of any highway or	75187
the shoulder thereof outside of any municipality, or upon any	75188
freeway, expressway, thruway and connecting, entering or exiting	75189
ramps within a municipality, at any time when lighted lamps are	75190
required on vehicles and trackless trolleys, the operator of such	75191
vehicle or trackless trolley shall display the following warning	75192
devices upon the highway during the time the vehicle or trackless	75193
trolley is so disabled on the highway except as provided in	75194
division (B) of this section:	75195

(1) A lighted fusee shall be immediately placed on the	75196
roadway at the traffic side of such vehicle or trackless trolley,	75197
unless red electric lanterns or red reflectors are displayed.	75198

(2) Within the burning period of the fusee and as promptly as	75199
possible, three lighted flares or pot torches, or three red	75200
reflectors or three red electric lanterns shall be placed on the	75201
roadway as follows:	75202

(a) One at a distance of forty paces or approximately one	75203
hundred feet in advance of the vehicle;	75204

(b) One at a distance of forty paces or approximately one	75205
hundred feet to the rear of the vehicle or trackless trolley	75206
except as provided in this section, each in the center of the lane	75207
of traffic occupied by the disabled vehicle or trackless trolley;	75208

(c) One at the traffic side of the vehicle or trackless	75209
trolley.	75210

(B) Whenever any vehicle used in transporting flammable	75211
liquids in bulk, or in transporting compressed flammable gases, is	75212
disabled upon a highway at any time or place mentioned in division	75213
(A) of this section, the driver of such vehicle shall display upon	75214
the roadway the following warning devices:	75215

(1) One red electric lantern or one red reflector shall be	75216
immediately placed on the roadway at the traffic side of the	75217
vehicle;	75218

(2) Two other red electric lanterns or two other red	75219
reflectors shall be placed to the front and rear of the vehicle in	75220
the same manner prescribed for flares in division (A) of this	75221
section.	75222

(C) When a vehicle of a type specified in division (B) of	75223
this section is disabled, the use of flares, fusees, or any signal	75224
produced by flame as warning signals is prohibited.	75225

(D) Whenever any vehicle or trackless trolley of a type	75226
referred to in this section is disabled upon the traveled portion	75227
of a highway or the shoulder thereof, outside of any municipality,	75228
or upon any freeway, expressway, thruway and connecting, entering	75229
or exiting ramps within a municipality, at any time when the	75230
display of fusees, flares, red reflectors, or electric lanterns is	75231
not required, the operator of such vehicle or trackless trolley	75232
shall display two red flags upon the roadway in the lane of	75233
traffic occupied by the disabled vehicle or trackless trolley, one	75234
at a distance of forty paces or approximately one hundred feet in	75235
advance of the vehicle or trackless trolley, and one at a distance	75236
of forty paces or approximately one hundred feet to the rear of	75237
the vehicle or trackless trolley, except as provided in this	75238
section.	75239

(E) The flares, fusees, lanterns, red reflectors, and flags	75240
to be displayed as required in this section shall conform with the	75241
requirements of section 4513.27 of the Revised Code applicable	75242
thereto.	75243

(F) In the event the vehicle or trackless trolley is disabled	75244
near a curve, crest of a hill, or other obstruction of view, the	75245
flare, flag, reflector, or lantern in that direction shall be	75246
placed as to afford ample warning to other users of the highway,	75247
but in no case shall it be placed less than forty paces or	75248
approximately one hundred feet nor more than one hundred twenty	75249
paces or approximately three hundred feet from the disabled	75250
vehicle or trackless trolley.	75251

(G) This section does not apply to the operator of any	75252
vehicle in a work area designated by protection equipment devices	75253
that are displayed and used in accordance with the manual adopted	75254
by the department of transportation under section 4511.09 of the	75255
Revised Code.	75256

(H) Whoever violates this section ~~shall be punished as~~	75257
~~provided in section 4513.99 of the Revised Code~~is guilty of a	75258
minor misdemeanor.	75259

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	75260
police of a municipal corporation, township, or township police	75261
district, within the sheriff's or chief's respective territorial	75262
jurisdiction, upon complaint of any person adversely affected, may	75263
order into storage any motor vehicle, other than an abandoned junk	75264
motor vehicle as defined in section 4513.63 of the Revised Code,	75265
that has been left on private residential or private agricultural	75266
property for at least four hours without the permission of the	75267
person having the right to the possession of the property. The	75268
sheriff or chief of police, upon complaint of the owner of a	75269
repair garage or place of storage, may order into storage any	75270
motor vehicle, other than an abandoned junk motor vehicle, that	75271
has been left at the garage or place of storage for a longer	75272
period than that agreed upon. The place of storage shall be	75273
designated by the sheriff or chief of police. When ordering a	75274
motor vehicle into storage pursuant to this division, a sheriff or	75275
chief of police, whenever possible, shall arrange for the removal	75276
of the motor vehicle by a private tow truck operator or towing	75277
company. Subject to division (C) of this section, the owner of a	75278
motor vehicle that has been removed pursuant to this division may	75279
recover the vehicle only in accordance with division (E) of this	75280
section.	75281

(2) Divisions (A)(1) to (3) of this section do not apply to	75282
any private residential or private agricultural property that is	75283
established as a private tow-away zone in accordance with division	75284
(B) of this section.	75285

(3) As used in divisions (A)(1) and (2) of this section,	75286
"private residential property" means private property on which is	75287
located one or more structures that are used as a home, residence,	75288
or sleeping place by one or more persons, if no more than three	75289
separate households are maintained in the structure or structures.	75290
"Private residential property" does not include any private	75291
property on which is located one or more structures that are used	75292
as a home, residence, or sleeping place by two or more persons, if	75293
more than three separate households are maintained in the	75294
structure or structures.	75295

(B)(1) The owner of private property may establish a private	75296
tow-away zone only if all of the following conditions are	75297
satisfied:	75298

(a) The owner posts on the owner's property a sign, that is	75299
at least eighteen inches by twenty-four inches in size, that is	75300
visible from all entrances to the property, and that contains at	75301
least all of the following information:	75302

(i) A notice that the property is a private tow-away zone and	75303
that vehicles not authorized to park on the property will be towed	75304
away;	75305

(ii) The telephone number of the person from whom a	75306
towed-away vehicle can be recovered, and the address of the place	75307
to which the vehicle will be taken and the place from which it may	75308
be recovered;	75309

(iii) A statement that the vehicle may be recovered at any	75310
time during the day or night upon the submission of proof of	75311
ownership and the payment of a towing charge, in an amount not to	75312
exceed ninety dollars, and a storage charge, in an amount not to	75313
exceed twelve dollars per twenty-four-hour period; except that the	75314
charge for towing shall not exceed one hundred fifty dollars, and	75315
the storage charge shall not exceed twenty dollars per	75316
twenty-four-hour period, if the vehicle has a manufacturer's gross	75317
vehicle weight rating in excess of ten thousand pounds and is a	75318
truck, bus, or a combination of a commercial tractor and trailer	75319
or semitrailer.	75320

(b) The place to which the towed vehicle is taken and from	75321
which it may be recovered is conveniently located, is well	75322
lighted, and is on or within a reasonable distance of a regularly	75323
scheduled route of one or more modes of public transportation, if	75324
any public transportation is available in the municipal	75325
corporation or township in which the private tow-away zone is	75326
located.	75327

(2) If a vehicle is parked on private property that is	75328
established as a private tow-away zone in accordance with division	75329
(B)(1) of this section, without the consent of the owner of the	75330
property or in violation of any posted parking condition or	75331
regulation, the owner or the owner's agent may remove, or cause	75332
the removal of, the vehicle, the owner and the operator of the	75333
vehicle shall be deemed to have consented to the removal and	75334
storage of the vehicle and to the payment of the towing and	75335
storage charges specified in division (B)(1)(a)(iii) of this	75336
section, and the owner, subject to division (C) of this section,	75337
may recover a vehicle that has been so removed only in accordance	75338
with division (E) of this section.	75339

(3) If a municipal corporation requires tow trucks and tow	75340
truck operators to be licensed, no owner of private property	75341
located within the municipal corporation shall remove, or shall	75342
cause the removal and storage of, any vehicle pursuant to division	75343
(B)(2) of this section by an unlicensed tow truck or unlicensed	75344
tow truck operator.	75345

(4) Divisions (B)(1) to (3) of this section do not affect or	75346
limit the operation of division (A) of this section or sections	75347
4513.61 to 4513.65 of the Revised Code as they relate to property	75348
other than private property that is established as a private	75349
tow-away zone under division (B)(1) of this section.	75350

(C) If the owner or operator of a motor vehicle that has been	75351
ordered into storage pursuant to division (A)(1) of this section	75352
or of a vehicle that is being removed under authority of division	75353
(B)(2) of this section arrives after the motor vehicle or vehicle	75354
has been prepared for removal, but prior to its actual removal	75355
from the property, the owner or operator shall be given the	75356
opportunity to pay a fee of not more than one-half of the charge	75357
for the removal of motor vehicles under division (A)(1) of this	75358
section or of vehicles under division (B)(2) of this section,	75359
whichever is applicable, that normally is assessed by the person	75360
who has prepared the motor vehicle or vehicle for removal, in	75361
order to obtain release of the motor vehicle or vehicle. Upon	75362
payment of that fee, the motor vehicle or vehicle shall be	75363
released to the owner or operator, and upon its release, the owner	75364
or operator immediately shall move it so that:	75365

(1) If the motor vehicle was ordered into storage pursuant to	75366
division (A)(1) of this section, it is not on the private	75367
residential or private agricultural property without the	75368
permission of the person having the right to possession of the	75369
property, or is not at the garage or place of storage without the	75370
permission of the owner, whichever is applicable.	75371

(2) If the vehicle was being removed under authority of	75372
division (B)(2) of this section, it is not parked on the private	75373
property established as a private tow-away zone without the	75374
consent of the owner or in violation of any posted parking	75375
condition or regulation.	75376

(D)(1) If an owner of private property that is established as	75377
a private tow-away zone in accordance with division (B)(1) of this	75378
section or the authorized agent of such an owner removes or causes	75379
the removal of a vehicle from that property under authority of	75380
division (B)(2) of this section, the owner or agent promptly shall	75381
notify the police department of the municipal corporation,	75382
township, or township police district in which the property is	75383
located, of the removal, the vehicle's license number, make,	75384
model, and color, the location from which it was removed, the date	75385
and time of its removal, the telephone number of the person from	75386
whom it may be recovered, and the address of the place to which it	75387
has been taken and from which it may be recovered.	75388

(2) Each county sheriff and each chief of police of a	75389
municipal corporation, township, or township police district shall	75390
maintain a record of motor vehicles that the sheriff or chief	75391
orders into storage pursuant to division (A)(1) of this section	75392
and of vehicles removed from private property in the sheriff's or	75393
chief's jurisdiction that is established as a private tow-away	75394
zone of which the sheriff or chief has received notice under	75395
division (D)(1) of this section. The record shall include an entry	75396
for each such motor vehicle or vehicle that identifies the motor	75397
vehicle's or vehicle's license number, make, model, and color, the	75398
location from which it was removed, the date and time of its	75399
removal, the telephone number of the person from whom it may be	75400
recovered, and the address of the place to which it has been taken	75401
and from which it may be recovered. Any information in the record	75402
that pertains to a particular motor vehicle or vehicle shall be	75403
provided to any person who, either in person or pursuant to a	75404
telephone call, identifies self as the owner or operator of the	75405
motor vehicle or vehicle and requests information pertaining to	75406
its location.	75407

(3) Any person who registers a complaint that is the basis of	75408
a sheriff's or police chief's order for the removal and storage of	75409
a motor vehicle under division (A)(1) of this section shall	75410
provide the identity of the law enforcement agency with which the	75411
complaint was registered to any person who identifies self as the	75412
owner or operator of the motor vehicle and requests information	75413
pertaining to its location.	75414

(E) The owner of a motor vehicle that is ordered into storage	75415
pursuant to division (A)(1) of this section or of a vehicle that	75416
is removed under authority of division (B)(2) of this section may	75417
reclaim it upon payment of any expenses or charges incurred in its	75418
removal, in an amount not to exceed ninety dollars, and storage,	75419
in an amount not to exceed twelve dollars per twenty-four-hour	75420
period; except that the charge for towing shall not exceed one	75421
hundred fifty dollars, and the storage charge shall not exceed	75422
twenty dollars per twenty-four-hour period, if the vehicle has a	75423
manufacturer's gross vehicle weight rating in excess of ten	75424
thousand pounds and is a truck, bus, or a combination of a	75425
commercial tractor and trailer or semitrailer. Presentation of	75426
proof of ownership, which may be evidenced by a certificate of	75427
title to the motor vehicle or vehicle also shall be required for	75428
reclamation of the vehicle. If a motor vehicle that is ordered	75429
into storage pursuant to division (A)(1) of this section remains	75430
unclaimed by the owner for thirty days, the procedures established	75431
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	75432

(F) No person shall remove, or cause the removal of, any	75433
vehicle from private property that is established as a private	75434
tow-away zone under division (B)(1) of this section other than in	75435
accordance with division (B)(2) of this section, and no person	75436
shall remove, or cause the removal of, any motor vehicle from any	75437
other private property other than in accordance with division	75438
(A)(1) of this section or sections 4513.61 to 4513.65 of the	75439
Revised Code.	75440

(G)~~(1)~~ Whoever violates division (B)(3) or (F) of this	75441
section is guilty of a minor misdemeanor.	75442

~~(2) Except as otherwise provided in this division, whoever~~	75443
~~violates division (F) of this section is guilty of a minor~~	75444
~~misdemeanor. If the offender previously has been convicted of or~~	75445
~~pleaded guilty to a violation of division (F) of this section,~~	75446
~~whoever violates division (F) of this section is guilty of a~~	75447
~~misdemeanor of the third degree.~~	75448

Sec. 4513.65. (A) For purposes of this section, "junk motor	75449
vehicle" means any motor vehicle meeting the requirements of	75450
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised	75451
Code that is left uncovered in the open on private property for	75452
more than seventy-two hours with the permission of the person	75453
having the right to the possession of the property, except if the	75454
person is operating a junk yard or scrap metal processing facility	75455
licensed under authority of sections 4737.05 to 4737.12 of the	75456
Revised Code, or regulated under authority of a political	75457
subdivision; or if the property on which the motor vehicle is left	75458
is not subject to licensure or regulation by any governmental	75459
authority, unless the person having the right to the possession of	75460
the property can establish that the motor vehicle is part of a	75461
bona fide commercial operation; or if the motor vehicle is a	75462
collector's vehicle.	75463

No political subdivision shall prevent a person from storing	75464
or keeping, or restrict a person in the method of storing or	75465
keeping, any collector's vehicle on private property with the	75466
permission of the person having the right to the possession of the	75467
property; except that a political subdivision may require a person	75468
having such permission to conceal, by means of buildings, fences,	75469
vegetation, terrain, or other suitable obstruction, any unlicensed	75470
collector's vehicle stored in the open.	75471

The sheriff of a county, or chief of police of a municipal	75472
corporation, within the sheriff's or chief's respective	75473
territorial jurisdiction, a state highway patrol trooper, a board	75474
of township trustees, the legislative authority of a municipal	75475
corporation, or the zoning authority of a township or a municipal	75476
corporation, may send notice, by certified mail with return	75477
receipt requested, to the person having the right to the	75478
possession of the property on which a junk motor vehicle is left,	75479
that within ten days of receipt of the notice, the junk motor	75480
vehicle either shall be covered by being housed in a garage or	75481
other suitable structure, or shall be removed from the property.	75482

No person shall willfully leave a junk motor vehicle	75483
uncovered in the open for more than ten days after receipt of a	75484
notice as provided in this section. The fact that a junk motor	75485
vehicle is so left is prima-facie evidence of willful failure to	75486
comply with the notice, and each subsequent period of thirty days	75487
that a junk motor vehicle continues to be so left constitutes a	75488
separate offense.	75489

(B) ~~Except as otherwise provided in this division, whoever~~	75490
Whoever violates this section is guilty of a minor misdemeanor on	75491
~~a first offense. If the offender previously has been convicted of~~	75492
~~or pleaded guilty to one violation of this section, whoever~~	75493
~~violates this section is guilty of a misdemeanor of the fourth~~	75494
~~degree. If the offender previously has been convicted of or~~	75495
~~pleaded guilty to two or more violations of this section, whoever~~	75496
~~violates this section is guilty of a misdemeanor of the third~~	75497
~~degree~~.	75498

Sec. 4513.99. (A) Any violation of section ~~4513.03, 4513.04,~~	75499
~~4513.05, 4513.06, 4513.07, 4513.071, 4513.09,~~ 4513.10, ~~4513.11~~	75500
~~except for division (H) of that section, 4513.111, 4513.12,~~	75501
~~4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18,~~	75502
4513.182, ~~4513.19,~~ 4513.20, 4513.201, 4513.202, ~~4513.21, 4513.22,~~	75503
~~4513.23, 4513.24, 4513.242,~~ 4513.25, 4513.26, 4513.27, ~~4513.28,~~	75504
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code	75505
shall be punished under division (B) of this section.	75506

(B) Whoever violates the sections of this chapter that are	75507
specifically required to be punished under this division, or any	75508
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of	75509
the Revised Code for which violation no penalty is otherwise	75510
provided, is guilty of a minor misdemeanor on a first offense; on	75511
a second offense within one year after the first offense, the	75512
person is guilty of a misdemeanor of the fourth degree; on each	75513
subsequent offense within one year after the first offense, the	75514
person is guilty of a misdemeanor of the third degree.	75515

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	75516
Revised Code:	75517

(A) "Persons" includes individuals, firms, partnerships,	75518
associations, joint stock companies, corporations, and any	75519
combinations of individuals.	75520

(B) "Motor vehicle" means motor vehicle as defined in section	75521
4501.01 of the Revised Code and also includes "all-purpose	75522
vehicle" and "off-highway motorcycle" as those terms are defined	75523
in section 4519.01 of the Revised Code ~~and manufactured and mobile~~	75524
~~homes~~. "Motor vehicle" does not include a snowmobile as defined in	75525
section 4519.01 of the Revised Code or manufactured and mobile	75526
homes.	75527

(C) "New motor vehicle" means a motor vehicle, the legal	75528
title to which has never been transferred by a manufacturer,	75529
remanufacturer, distributor, or dealer to an ultimate purchaser.	75530

(D) "Ultimate purchaser" means, with respect to any new motor	75531
vehicle, the first person, other than a dealer purchasing in the	75532
capacity of a dealer, who in good faith purchases such new motor	75533
vehicle for purposes other than resale.	75534

(E) "Business" includes any activities engaged in by any	75535
person for the object of gain, benefit, or advantage either direct	75536
or indirect.	75537

(F) "Engaging in business" means commencing, conducting, or	75538
continuing in business, or liquidating a business when the	75539
liquidator thereof holds self out to be conducting such business;	75540
making a casual sale or otherwise making transfers in the ordinary	75541
course of business when the transfers are made in connection with	75542
the disposition of all or substantially all of the transferor's	75543
assets is not engaging in business.	75544

(G) "Retail sale" or "sale at retail" means the act or	75545
attempted act of selling, bartering, exchanging, or otherwise	75546
disposing of a motor vehicle to an ultimate purchaser for use as a	75547
consumer.	75548

(H) "Retail installment contract" includes any contract in	75549
the form of a note, chattel mortgage, conditional sales contract,	75550
lease, agreement, or other instrument payable in one or more	75551
installments over a period of time and arising out of the retail	75552
sale of a motor vehicle.	75553

(I) "Farm machinery" means all machines and tools used in the	75554
production, harvesting, and care of farm products.	75555

(J) "Dealer" or "motor vehicle dealer" means any new motor	75556
vehicle dealer, any motor vehicle leasing dealer, and any used	75557
motor vehicle dealer.	75558

(K) "New motor vehicle dealer" means any person engaged in	75559
the business of selling at retail, displaying, offering for sale,	75560
or dealing in new motor vehicles pursuant to a contract or	75561
agreement entered into with the manufacturer, remanufacturer, or	75562
distributor of the motor vehicles.	75563

(L) "Used motor vehicle dealer" means any person engaged in	75564
the business of selling, displaying, offering for sale, or dealing	75565
in used motor vehicles, at retail or wholesale, but does not mean	75566
any new motor vehicle dealer selling, displaying, offering for	75567
sale, or dealing in used motor vehicles incidentally to engaging	75568
in the business of selling, displaying, offering for sale, or	75569
dealing in new motor vehicles, any person engaged in the business	75570
of dismantling, salvaging, or rebuilding motor vehicles by means	75571
of using used parts, or any public officer performing official	75572
duties.	75573

(M) "Motor vehicle leasing dealer" means any person engaged	75574
in the business of regularly making available, offering to make	75575
available, or arranging for another person to use a motor vehicle	75576
pursuant to a bailment, lease, sublease, or other contractual	75577
arrangement under which a charge is made for its use at a periodic	75578
rate for a term of thirty days or more, and title to the motor	75579
vehicle is in and remains in the motor vehicle leasing dealer who	75580
originally leases it, irrespective of whether or not the motor	75581
vehicle is the subject of a later sublease, and not in the user,	75582
but does not mean a manufacturer or its affiliate leasing to its	75583
employees or to dealers.	75584

(N) "Salesperson" means any person employed by a dealer or	75585
manufactured home broker to sell, display, and offer for sale, or	75586
deal in motor vehicles for a commission, compensation, or other	75587
valuable consideration, but does not mean any public officer	75588
performing official duties.	75589

(O) "Casual sale" means any transfer of a motor vehicle by a	75590
person other than a new motor vehicle dealer, used motor vehicle	75591
dealer, motor vehicle salvage dealer, as defined in division (A)	75592
of section 4738.01 of the Revised Code, salesperson, motor vehicle	75593
auction owner, manufacturer, or distributor acting in the capacity	75594
of a dealer, salesperson, auction owner, manufacturer, or	75595
distributor, to a person who purchases the motor vehicle for use	75596
as a consumer.	75597

(P) "Motor vehicle show" means a display of current models of	75598
motor vehicles whereby the primary purpose is the exhibition of	75599
competitive makes and models in order to provide the general	75600
public the opportunity to review and inspect various makes and	75601
models of motor vehicles at a single location.	75602

(Q) "Motor vehicle auction owner" means any person who is	75603
engaged wholly or in part in the business of auctioning motor	75604
vehicles.	75605

(R) "Manufacturer" means a person who manufactures,	75606
assembles, or imports motor vehicles, including motor homes, but	75607
does not mean a person who only assembles or installs a body,	75608
special equipment unit, finishing trim, or accessories on a motor	75609
vehicle chassis supplied by a manufacturer or distributor.	75610

(S) "Tent-type fold-out camping trailer" means any vehicle	75611
intended to be used, when stationary, as a temporary shelter with	75612
living and sleeping facilities, and that is subject to the	75613
following properties and limitations:	75614

(1) A minimum of twenty-five per cent of the fold-out portion	75615
of the top and sidewalls combined must be constructed of canvas,	75616
vinyl, or other fabric, and form an integral part of the shelter.	75617

(2) When folded, the unit must not exceed:

75618

(a) Fifteen feet in length, exclusive of bumper and tongue;

75619

(b) Sixty inches in height from the point of contact with the	75620
ground;	75621

75622

(d) One ton gross weight at time of sale.

75623

(T) "Distributor" means any person authorized by a motor	75624
vehicle manufacturer to distribute new motor vehicles to licensed	75625
new motor vehicle dealers, but does not mean a person who only	75626
assembles or installs a body, special equipment unit, finishing	75627
trim, or accessories on a motor vehicle chassis supplied by a	75628
manufacturer or distributor.	75629

(U) "Flea market" means a market place, other than a dealer's	75630
location licensed under this chapter, where a space or location is	75631
provided for a fee or compensation to a seller to exhibit and	75632
offer for sale or trade, motor vehicles to the general public.	75633

(V) "Franchise" means any written agreement, contract, or	75634
understanding between any motor vehicle manufacturer or	75635
remanufacturer engaged in commerce and any motor vehicle dealer	75636
that purports to fix the legal rights and liabilities of the	75637
parties to such agreement, contract, or understanding.	75638

(W) "Franchisee" means a person who receives new motor	75639
vehicles from the franchisor under a franchise agreement and who	75640
offers, sells, and provides service for such new motor vehicles to	75641
the general public.	75642

(X) "Franchisor" means a new motor vehicle manufacturer,	75643
remanufacturer, or distributor who supplies new motor vehicles	75644
under a franchise agreement to a franchisee.	75645

(Y) "Dealer organization" means a state or local trade	75646
association the membership of which is comprised predominantly of	75647
new motor vehicle dealers.	75648

(Z) "Factory representative" means a representative employed	75649
by a manufacturer, remanufacturer, or by a factory branch	75650
primarily for the purpose of promoting the sale of its motor	75651
vehicles, parts, or accessories to dealers or for supervising or	75652
contacting its dealers or prospective dealers.	75653

(AA) "Administrative or executive management" means those	75654
individuals who are not subject to federal wage and hour laws.	75655

(BB) "Good faith" means honesty in the conduct or transaction	75656
concerned and the observance of reasonable commercial standards of	75657
fair dealing in the trade as is defined in division (S) of section	75658
1301.01 of the Revised Code, including, but not limited to, the	75659
duty to act in a fair and equitable manner so as to guarantee	75660
freedom from coercion, intimidation, or threats of coercion or	75661
intimidation; provided however, that recommendation, endorsement,	75662
exposition, persuasion, urging, or argument shall not be	75663
considered to constitute a lack of good faith.	75664

(CC) "Coerce" means to compel or attempt to compel by failing	75665
to act in good faith or by threat of economic harm, breach of	75666
contract, or other adverse consequences. Coerce does not mean to	75667
argue, urge, recommend, or persuade.	75668

(DD) "Relevant market area" means any area within a radius of	75669
ten miles from the site of a potential new dealership, except that	75670
for manufactured home or recreational vehicle dealerships the	75671
radius shall be twenty-five miles. The ten-mile radius shall be	75672
measured from the dealer's established place of business that is	75673
used exclusively for the purpose of selling, displaying, offering	75674
for sale, or dealing in motor vehicles.	75675

(EE) "Wholesale" or "at wholesale" means the act or attempted	75676
act of selling, bartering, exchanging, or otherwise disposing of a	75677
motor vehicle to a transferee for the purpose of resale and not	75678
for ultimate consumption by that transferee.	75679

(FF) "Motor vehicle wholesaler" means any person licensed as	75680
a dealer under the laws of another state and engaged in the	75681
business of selling, displaying, or offering for sale used motor	75682
vehicles, at wholesale, but does not mean any motor vehicle dealer	75683
as defined in this section.	75684

(GG)(1) "Remanufacturer" means a person who assembles or	75685
installs passenger seating, walls, a roof elevation, or a body	75686
extension on a conversion van with the motor vehicle chassis	75687
supplied by a manufacturer or distributor, a person who modifies a	75688
truck chassis supplied by a manufacturer or distributor for use as	75689
a public safety or public service vehicle, a person who modifies a	75690
motor vehicle chassis supplied by a manufacturer or distributor	75691
for use as a limousine or hearse, or a person who modifies an	75692
incomplete motor vehicle cab and chassis supplied by a new motor	75693
vehicle dealer or distributor for use as a tow truck, but does not	75694
mean either of the following:	75695

(a) A person who assembles or installs passenger seating,	75696
~~walls,~~ a roof elevation, or a body extension on ~~a manufactured~~	75697
~~home as defined in division (C)(4) of section 3781.06 of the~~	75698
~~Revised Code, a mobile home as defined in division (O) and~~	75699
~~referred to in division (B) of section 4501.01 of the Revised~~	75700
~~Code, or~~ a recreational vehicle as defined in division (Q) and	75701
referred to in division (B) of section 4501.01 of the Revised	75702
Code;	75703

(b) A person who assembles or installs special equipment or	75704
accessories for handicapped persons, as defined in section 4503.44	75705
of the Revised Code, upon a motor vehicle chassis supplied by a	75706
manufacturer or distributor.	75707

(2) For the purposes of division (GG)(1) of this section,	75708
"public safety vehicle or public service vehicle" means a fire	75709
truck, ambulance, school bus, street sweeper, garbage packing	75710
truck, or cement mixer, or a mobile self-contained facility	75711
vehicle.	75712

(3) For the purposes of division (GG)(1) of this section,	75713
"limousine" means a motor vehicle, designed only for the purpose	75714
of carrying nine or fewer passengers, that a person modifies by	75715
cutting the original chassis, lengthening the wheelbase by forty	75716
inches or more, and reinforcing the chassis in such a way that all	75717
modifications comply with all applicable federal motor vehicle	75718
safety standards. No person shall qualify as or be deemed to be a	75719
remanufacturer who produces limousines unless the person has a	75720
written agreement with the manufacturer of the chassis the person	75721
utilizes to produce the limousines to complete properly the	75722
remanufacture of the chassis into limousines.	75723

(4) For the purposes of division (GG)(1) of this section,	75724
"hearse" means a motor vehicle, designed only for the purpose of	75725
transporting a single casket, that is equipped with a compartment	75726
designed specifically to carry a single casket that a person	75727
modifies by cutting the original chassis, lengthening the	75728
wheelbase by ten inches or more, and reinforcing the chassis in	75729
such a way that all modifications comply with all applicable	75730
federal motor vehicle safety standards. No person shall qualify as	75731
or be deemed to be a remanufacturer who produces hearses unless	75732
the person has a written agreement with the manufacturer of the	75733
chassis the person utilizes to produce the hearses to complete	75734
properly the remanufacture of the chassis into hearses.	75735

(5) For the purposes of division (GG)(1) of this section,	75736
"mobile self-contained facility vehicle" means a mobile classroom	75737
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	75738
testing laboratory, and mobile display vehicle, each of which is	75739
designed for purposes other than for passenger transportation and	75740
other than the transportation or displacement of cargo, freight,	75741
materials, or merchandise. A vehicle is remanufactured into a	75742
mobile self-contained facility vehicle in part by the addition of	75743
insulation to the body shell, and installation of all of the	75744
following: a generator, electrical wiring, plumbing, holding	75745
tanks, doors, windows, cabinets, shelving, and heating,	75746
ventilating, and air conditioning systems.	75747

(6) For the purposes of division (GG)(1) of this section,	75748
"tow truck" means both of the following:	75749

(a) An incomplete cab and chassis that are purchased by a	75750
remanufacturer from a new motor vehicle dealer or distributor of	75751
the cab and chassis and on which the remanufacturer then installs	75752
in a permanent manner a wrecker body it purchases from a	75753
manufacturer or distributor of wrecker bodies, installs an	75754
emergency flashing light pylon and emergency lights upon the mast	75755
of the wrecker body or rooftop, and installs such other related	75756
accessories and equipment, including push bumpers, front grille	75757
guards with pads and other custom-ordered items such as painting,	75758
special lettering, and safety striping so as to create a complete	75759
motor vehicle capable of lifting and towing another motor vehicle.	75760

(b) An incomplete cab and chassis that are purchased by a	75761
remanufacturer from a new motor vehicle dealer or distributor of	75762
the cab and chassis and on which the remanufacturer then installs	75763
in a permanent manner a car carrier body it purchases from a	75764
manufacturer or distributor of car carrier bodies, installs an	75765
emergency flashing light pylon and emergency lights upon the	75766
rooftop, and installs such other related accessories and	75767
equipment, including push bumpers, front grille guards with pads	75768
and other custom-ordered items such as painting, special	75769
lettering, and safety striping.	75770

As used in division (GG)(6)(b) of this section, "car carrier	75771
body" means a mechanical or hydraulic apparatus capable of lifting	75772
and holding a motor vehicle on a flat level surface so that one or	75773
more motor vehicles can be transported, once the car carrier is	75774
permanently installed upon an incomplete cab and chassis.	75775

(HH) "Operating as a new motor vehicle dealership" means	75776
engaging in activities such as displaying, offering for sale, and	75777
selling new motor vehicles at retail, operating a service facility	75778
to perform repairs and maintenance on motor vehicles, offering for	75779
sale and selling motor vehicle parts at retail, and conducting all	75780
other acts that are usual and customary to the operation of a new	75781
motor vehicle dealership. For the purposes of this chapter only,	75782
possession of either a valid new motor vehicle dealer franchise	75783
agreement or a new motor vehicle dealers license, or both of these	75784
items, is not evidence that a person is operating as a new motor	75785
vehicle dealership.	75786

(II) ~~"Manufactured home broker" means any person acting as a~~	75787
~~selling agent on behalf of an owner of a manufactured or mobile~~	75788
~~home that is subject to taxation under section 4503.06 of the~~	75789
~~Revised Code.~~	75790

~~(JJ)~~ "Outdoor power equipment" means garden and small utility	75791
tractors, walk-behind and riding mowers, chainsaws, and tillers.	75792

~~(KK)~~(JJ) "Remote service facility" means premises that are	75793
separate from a licensed new motor vehicle dealer's sales facility	75794
by not more than one mile and that are used by the dealer to	75795
perform repairs, warranty work, recall work, and maintenance on	75796
motor vehicles pursuant to a franchise agreement entered into with	75797
a manufacturer of motor vehicles. A remote service facility shall	75798
be deemed to be part of the franchise agreement and is subject to	75799
all the rights, duties, obligations, and requirements of Chapter	75800
4517. of the Revised Code that relate to the performance of motor	75801
vehicle repairs, warranty work, recall work, and maintenance work	75802
by new motor vehicle dealers.	75803

Sec. 4517.02. (A) Except as otherwise provided in this	75804
section, no person shall do any of the following:	75805

(1) Engage in the business of displaying or selling at retail	75806
new motor vehicles or assume to engage in that business, unless	75807
the person is licensed as a new motor vehicle dealer under	75808
sections 4517.01 to 4517.45 of the Revised Code, or is a	75809
salesperson licensed under those sections and employed by a	75810
licensed new motor vehicle dealer;	75811

(2) Engage in the business of offering for sale, displaying	75812
for sale, or selling at retail or wholesale used motor vehicles or	75813
assume to engage in that business, unless the person is licensed	75814
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	75815
or is a salesperson licensed under those sections and employed by	75816
a licensed used motor vehicle dealer or licensed new motor vehicle	75817
dealer;	75818

(3) Engage in the business of regularly making available,	75819
offering to make available, or arranging for another person to use	75820
a motor vehicle, in the manner described in division (M) of	75821
section 4517.01 of the Revised Code, unless the person is licensed	75822
as a motor vehicle leasing dealer under sections 4517.01 to	75823
4517.45 of the Revised Code;	75824

(4) Engage in the business of motor vehicle auctioning or	75825
assume to engage in that business, unless the person is licensed	75826
as a motor vehicle auction owner under sections 4517.01 to 4517.45	75827
of the Revised Code and the person uses an auctioneer who is	75828
licensed under Chapter 4707. of the Revised Code to conduct the	75829
motor vehicle auctions;	75830

(5) Engage in the business of distributing motor vehicles or	75831
assume to engage in that business, unless the person is licensed	75832
as a distributor under sections 4517.01 to 4517.45 of the Revised	75833
Code;	75834

(6) Make more than five casual sales of motor vehicles in a	75835
twelve-month period, commencing with the day of the month in which	75836
the first such sale is made, nor provide a location or space for	75837
the sale of motor vehicles at a flea market, without obtaining a	75838
license as a dealer under sections 4517.01 to 4517.45 of the	75839
Revised Code, provided that nothing in this section shall be	75840
construed to prohibit the disposition without a license of a motor	75841
vehicle originally acquired and held for purposes other than sale,	75842
rental, or lease to an employee, retiree, officer, or director of	75843
the person making the disposition, to a corporation affiliated	75844
with the person making the disposition, or to a person licensed	75845
under sections 4517.01 to 4517.45 of the Revised Code;	75846

~~(7) Engage in the business of brokering manufactured homes~~	75847
~~unless that person is licensed as a manufactured home broker under~~	75848
~~sections 4517.01 to 4517.45 of the Revised Code~~.	75849

(B) Nothing in this section shall be construed to require an	75850
auctioneer licensed under sections 4707.01 to 4707.19 of the	75851
Revised Code, to obtain a motor vehicle salesperson's license	75852
under sections 4517.01 to 4517.45 of the Revised Code when	75853
conducting an auction sale for a licensed motor vehicle dealer on	75854
the dealer's premises, or when conducting an auction sale for a	75855
licensed motor vehicle auction owner; nor shall such an auctioneer	75856
be required to obtain a motor vehicle auction owner's license	75857
under sections 4517.01 to 4517.45 of the Revised Code when engaged	75858
in auctioning for a licensed motor vehicle auction owner.	75859

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	75860
apply to any of the following:	75861

(1) Persons engaging in the business of selling commercial	75862
tractors, trailers, or semitrailers incidentally to engaging	75863
primarily in business other than the selling or leasing of motor	75864
vehicles;	75865

(2) Mortgagees selling at retail only those motor vehicles	75866
that have come into their possession by a default in the terms of	75867
a mortgage contract;	75868

(3) The leasing, rental, and interchange of motor vehicles	75869
used directly in the rendition of a public utility service by	75870
regulated motor carriers.	75871

(D) When a partnership licensed under sections 4517.01 to	75872
4517.45 of the Revised Code is dissolved by death, the surviving	75873
partners may operate under the license for a period of sixty days,	75874
and the heirs or representatives of deceased persons and receivers	75875
or trustees in bankruptcy appointed by any competent authority may	75876
operate under the license of the person succeeded in possession by	75877
that heir, representative, receiver, or trustee in bankruptcy.	75878

(E) No remanufacturer shall engage in the business of selling	75879
at retail any new motor vehicle without having written authority	75880
from the manufacturer or distributor of the vehicle to sell new	75881
motor vehicles and to perform repairs under the terms of the	75882
manufacturer's or distributor's new motor vehicle warranty,	75883
unless, at the time of the sale of the vehicle, each customer is	75884
furnished with a binding agreement ensuring that the customer has	75885
the right to have the vehicle serviced or repaired by a new motor	75886
vehicle dealer who is franchised to sell and service vehicles of	75887
the same line-make as the chassis of the remanufactured vehicle	75888
purchased by the customer and whose service or repair facility is	75889
located within either twenty miles of the remanufacturer's	75890
location and place of business or twenty miles of the customer's	75891
residence or place of business. If there is no such new motor	75892
vehicle dealer located within twenty miles of the remanufacturer's	75893
location and place of business or the customer's residence or	75894
place of business, the binding agreement furnished to the customer	75895
may be with the new motor vehicle dealer who is franchised to sell	75896
and service vehicles of the same line-make as the chassis of the	75897
remanufactured vehicle purchased by the customer and whose service	75898
or repair facility is located nearest to the remanufacturer's	75899
location and place of business or the customer's residence or	75900
place of business. Additionally, at the time of sale of any	75901
vehicle, each customer of the remanufacturer shall be furnished	75902
with a warranty issued by the remanufacturer for a term of at	75903
least one year.	75904

(F) Except as otherwise provided in this division, whoever	75905
violates this section is guilty of a minor misdemeanor and shall	75906
be subject to a mandatory fine of one hundred dollars. If the	75907
offender previously has been convicted of or pleaded guilty to a	75908
violation of this section, whoever violates this section is guilty	75909
of a misdemeanor of the first degree and shall be subject to a	75910
mandatory fine of one thousand dollars.	75911

Sec. 4517.03. (A) A place of business that is used for	75912
selling, displaying, offering for sale, or dealing in motor	75913
vehicles shall be considered as used exclusively for those	75914
purposes even though snowmobiles, farm machinery, outdoor power	75915
equipment, watercraft and related products, or products	75916
manufactured or distributed by a motor vehicle manufacturer with	75917
which the motor vehicle dealer has a franchise agreement are sold	75918
or displayed there, or if repair, accessory, gasoline and oil,	75919
storage, parts, service, or paint departments are maintained	75920
there, or such products or services are provided there, if the	75921
departments are operated or the products or services are provided	75922
for the business of selling, displaying, offering for sale, or	75923
dealing in motor vehicles. Places of business or departments in a	75924
place of business used to dismantle, salvage, or rebuild motor	75925
vehicles by means of using used parts, are not considered as being	75926
maintained for the purpose of assisting or furthering the selling,	75927
displaying, offering for sale, or dealing in motor vehicles. A	75928
place of business shall be considered as used exclusively for	75929
selling, displaying, offering for sale, or dealing in motor	75930
vehicles even though a business owned by a motor vehicle leasing	75931
dealer or a motor vehicle renting dealer is located at the place	75932
of business.	75933

(B)(1) No new motor vehicle dealer shall sell, display, offer	75934
for sale, or deal in motor vehicles at any place except an	75935
established place of business that is used exclusively for the	75936
purpose of selling, displaying, offering for sale, or dealing in	75937
motor vehicles. The place of business shall have space, under	75938
roof, for the display of at least one new motor vehicle. The	75939
established place of business or, if the dealer operates a remote	75940
service facility, the dealer's remote service facility shall have	75941
facilities and space for the inspection, servicing, and repair of	75942
at least one motor vehicle. However a new motor vehicle dealer	75943
selling manufactured or mobile homes is exempt from the	75944
requirement that a place of business have space, under roof, for	75945
the display of at least one new motor vehicle and facilities and	75946
space for the inspection, servicing, and repair of at least one	75947
motor vehicle.	75948

(2) A licensed new motor vehicle dealer may operate a remote	75949
service facility with the consent of the manufacturer and only to	75950
perform repairs, warranty work, recall work, and maintenance on	75951
motor vehicles as part of the dealer's franchised and licensed new	75952
motor vehicle dealership. The remote service facility shall be	75953
included on the new motor vehicle dealer's license and be deemed	75954
to be part of the dealer's licensed location.	75955

(3) No person shall use a remote service facility for	75956
selling, displaying, or offering for sale motor vehicles.	75957

~~(4) Nothing in Chapter 4517. of the Revised Code shall be~~	75958
~~construed as prohibiting the sale of a new or used manufactured or~~	75959
~~mobile home located in a manufactured home park by a licensed new~~	75960
~~or used motor vehicle dealer.~~	75961

(C) No used motor vehicle dealer shall sell, display, offer	75962
for sale, or deal in motor vehicles at any place except an	75963
established place of business that is used exclusively for the	75964
purpose of selling, displaying, offering for sale, or dealing in	75965
motor vehicles.	75966

(D) No motor vehicle leasing dealer shall make a motor	75967
vehicle available for use by another, in the manner described in	75968
division (M) of section 4517.01 of the Revised Code, at any place	75969
except an established place of business that is used for leasing	75970
motor vehicles; except that a motor vehicle leasing dealer who is	75971
also a new motor vehicle dealer or used motor vehicle dealer may	75972
lease motor vehicles at the same place of business at which the	75973
dealer sells, offers for sale, or deals in new or used motor	75974
vehicles.	75975

(E) No motor vehicle leasing dealer or motor vehicle renting	75976
dealer shall sell a motor vehicle within ninety days after a	75977
certificate of title to the motor vehicle is issued to the dealer,	75978
except when a salvage certificate of title is issued to replace	75979
the original certificate of title and except when a motor vehicle	75980
leasing dealer sells a motor vehicle to another motor vehicle	75981
leasing dealer at the end of a sublease pursuant to that sublease.	75982

(F) No distributor shall distribute new motor vehicles to new	75983
motor vehicle dealers at any place except an established place of	75984
business that is used exclusively for the purpose of distributing	75985
new motor vehicles to new motor vehicle dealers; except that a	75986
distributor who is also a new motor vehicle dealer may distribute	75987
new motor vehicles at the same place of business at which the	75988
distributor sells, displays, offers for sale, or deals in new	75989
motor vehicles.	75990

(G) No person, firm, or corporation that sells, displays, or	75991
offers for sale tent-type fold-out camping trailers is subject to	75992
the requirement that the person's, firm's, or corporation's place	75993
of business be used exclusively for the purpose of selling,	75994
displaying, offering for sale, or dealing in motor vehicles. No	75995
person, firm, or corporation that sells, displays, or offers for	75996
sale tent-type fold-out camping trailers, trailers, semitrailers,	75997
or park trailers is subject to the requirement that the place of	75998
business have space, under roof, for the display of at least one	75999
new motor vehicle and facilities and space for the inspection,	76000
servicing, and repair of at least one motor vehicle.	76001

(H) ~~No manufactured or mobile home broker shall engage in the~~	76002
~~business of brokering manufactured or mobile homes at any place~~	76003
~~except an established place of business that is used exclusively~~	76004
~~for the purpose of brokering manufactured or mobile homes.~~	76005

~~(I)~~ Nothing in this section shall be construed to prohibit	76006
persons licensed under this chapter from making sales calls.	76007

~~(J)~~(I) Whoever violates this section is guilty of a	76008
misdemeanor of the fourth degree.	76009

~~(K)~~(J) As used in this section:

76010

(1) "Motor vehicle leasing dealer" has the same meaning as in	76011
section 4517.01 of the Revised Code.	76012

(2) "Motor vehicle renting dealer" has the same meaning as in	76013
section 4549.65 of the Revised Code.	76014

(3) "Watercraft" has the same meaning as in section 1547.01	76015
of the Revised Code.	76016

Sec. 4517.30. The motor vehicle dealers board shall consist	76017
of eleven members. The registrar of motor vehicles or the	76018
registrar's designee shall be a member of the board, and the other	76019
ten members shall be appointed by the governor with the advice and	76020
consent of the senate. Not more than five of the ten members other	76021
than the registrar shall be of any one political party, and of the	76022
ten:	76023

(A) Three shall represent the public and shall not have	76024
engaged in the business of selling motor vehicles at retail in	76025
this state;	76026

(B) Five shall have been engaged in the business of selling	76027
motor vehicles at retail in this state for at least five years and	76028
have been engaged in such business within two years prior to the	76029
date of their appointment. Of these five:	76030

(1) Three shall have been engaged in the sale of new motor	76031
vehicles;	76032

(2) One shall have been engaged in the business of selling	76033
~~manufactured homes, mobile homes, or~~ recreational vehicles at	76034
retail;	76035

(3) One shall have been engaged in the sale of used motor	76036
vehicles.	76037

(C) Two shall have been engaged in the leasing of motor	76038
vehicles.	76039

Terms of office of the ten members appointed by the governor	76040
shall be for three years, commencing on the fifth day of October	76041
and ending on the fourth day of October. Each member shall hold	76042
office from the date of the member's appointment until the end of	76043
the term for which the member was appointed. Any member appointed	76044
to fill a vacancy occurring prior to the expiration of the term	76045
for which the member's predecessor was appointed shall hold office	76046
for the remainder of such term. Any appointed member shall	76047
continue in office subsequent to the expiration date of the	76048
member's term until a successor takes office, or until a period of	76049
sixty days has elapsed, whichever occurs first. Annually the board	76050
shall organize by selecting from its members a president. Each	76051
appointed member of the board shall receive an amount fixed in	76052
accordance with division (J) of section 124.15 of the Revised	76053
Code, and shall be reimbursed for the actual and necessary	76054
expenses incurred in the discharge of the member's official	76055
duties.	76056

Sec. 4517.33. The motor vehicle dealers board shall hear	76057
appeals which may be taken from an order of the registrar of motor	76058
vehicles, refusing to issue a license. All appeals from any order	76059
of the registrar refusing to issue any license upon proper	76060
application must be taken within thirty days from the date of the	76061
order, or the order is final and conclusive. All appeals from	76062
orders of the registrar must be by petition in writing and	76063
verified under oath by the applicant whose application for license	76064
has been denied, and must set forth the reason for the appeal and	76065
the reason why, in the petitioner's opinion, the order of the	76066
registrar is not correct. In such appeals the board may make	76067
investigation to determine the correctness and legality of the	76068
order of the registrar.	76069

The board may make rules governing its actions relative to	76070
the suspension and revocation of dealers', motor vehicle leasing	76071
dealers', ~~manufactured home brokers',~~ distributors', auction	76072
owners', and salespersons' licenses, and may, upon its own motion,	76073
and shall, upon the verified complaint in writing of any person,	76074
investigate the conduct of any licensee under sections 4517.01 to	76075
4517.65 of the Revised Code. The board shall suspend or revoke or	76076
notify the registrar to refuse to renew any dealer's, motor	76077
vehicle leasing dealer's, ~~manufactured home broker's,~~	76078
distributor's, auction owner's, or salesperson's license, if any	76079
ground existed upon which the license might have been refused, or	76080
if a ground exists that would be cause for refusal to issue a	76081
license.	76082

The board may suspend or revoke any license if the licensee	76083
has in any manner violated the rules issued pursuant to sections	76084
4517.01 to 4517.65 of the Revised Code, or has violated section	76085
4501.02 of the Revised Code, or has been convicted of committing a	76086
felony or violating any law that in any way relates to the	76087
selling, taxing, licensing, or regulation of sales of motor	76088
vehicles.	76089

Sec. 4517.43. (A) The applications for licenses and the	76090
copies of contracts required by sections 4517.04, 4517.05,	76091
4517.051, ~~4517.052,~~ 4517.06, 4517.07, 4517.08, and 4517.09 of the	76092
Revised Code are not part of the public records but are	76093
confidential information for the use of the registrar of motor	76094
vehicles and the motor vehicle dealers board. No person shall	76095
divulge any information contained in such applications and	76096
acquired by the person in the person's capacity as an official or	76097
employee of the bureau of motor vehicles or of the board, except	76098
in a report to the registrar, to the board, or when called upon to	76099
testify in any court or proceeding.	76100

(B) Whoever violates this section is guilty of a minor	76101
misdemeanor.	76102

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	76103
and (D) of this section, no person shall operate any snowmobile,	76104
off-highway motorcycle, or all-purpose vehicle within this state	76105
unless the snowmobile, off-highway motorcycle, or all-purpose	76106
vehicle is registered and numbered in accordance with sections	76107
4519.03 and 4519.04 of the Revised Code.	76108

(B)(1) No registration is required for a snowmobile or	76109
off-highway motorcycle that is operated exclusively upon lands	76110
owned by the owner of the snowmobile or off-highway motorcycle,	76111
or on lands to which the owner of the snowmobile or off-highway	76112
motorcycle has a contractual right.	76113

(2) No registration is required for an all-purpose vehicle	76114
that is used primarily ~~on a farm as a farm implement~~for	76115
agricultural purposes when the owner qualifies for the current	76116
agricultural use valuation tax credit, unless it is to be used on	76117
any public land, trail, or right-of-way.	76118

(3) Any all-purpose vehicle exempted from registration under	76119
division (B)(2) of this section and operated for agricultural	76120
purposes may use public roads and rights-of-way when traveling	76121
from one farm field to another, when such use does not violate	76122
section 4519.41 of the Revised Code.	76123

(C) No registration is required for a snowmobile, off-highway	76124
motorcycle, or all-purpose vehicle owned and used in this state by	76125
a resident of another state whenever that state has in effect a	76126
registration law similar to this chapter and the snowmobile,	76127
off-highway motorcycle, or all-purpose vehicle is properly	76128
registered under that state's law. Any snowmobile, off-highway	76129
motorcycle, or all-purpose vehicle owned and used in this state by	76130
a resident of a state not having a registration law similar to	76131
this chapter shall comply with section 4519.09 of the Revised	76132
Code.	76133

(D) No registration is required for a snowmobile, off-highway	76134
motorcycle, or all-purpose vehicle owned and used in this state by	76135
the United States, another state, or a political subdivision	76136
thereof, but the snowmobile, off-highway motorcycle, or	76137
all-purpose vehicle shall display the name of the owner thereon.	76138

(E) The owner or operator of any all-purpose vehicle operated	76139
or used upon the waters in this state shall comply with Chapters	76140
1547. and 1548. of the Revised Code relative to the operation of	76141
watercraft.	76142

(F) Except as otherwise provided in this division, whoever	76143
violates division (A) of this section shall be fined not less	76144
than fifty dollars but not more than one hundred dollars.	76145

Sec. 4519.04. (A) Upon the filing of an application for	76146
registration of a snowmobile, off-highway motorcycle, or	76147
all-purpose vehicle and the payment of the tax therefor, the	76148
registrar of motor vehicles or a deputy registrar shall assign to	76149
the snowmobile, off-highway motorcycle, or all-purpose vehicle a	76150
distinctive number and issue and deliver to the owner in such	76151
manner as the registrar may select, a certificate of registration,	76152
in such form as the registrar shall prescribe. Any number so	76153
assigned to a snowmobile, off-highway motorcycle, or all-purpose	76154
vehicle shall be a permanent number, and shall not be issued to	76155
any other snowmobile, off-highway motorcycle, or all-purpose	76156
vehicle.	76157

(B)(1) In addition to the certificate of registration, the	76158
registrar or deputy registrar also shall issue to the owner of a	76159
snowmobile or off-highway motorcycle atwo decal registration	76160
~~sticker~~stickers. The registrar shall prescribe the color and	76161
size of the ~~sticker,~~stickers and the combination of numerals and	76162
letters displayed on ~~it, and~~them. The placement of the ~~sticker~~	76163
decal stickers shall be one on ~~the snowmobile or off-highway~~	76164
~~motorcycle.~~	76165

~~Upon receipt of a certificate of registration for a~~	76166
~~snowmobile, the owner shall paint or otherwise attach upon each~~	76167
either side of the forward cowling ~~of the snowmobile the~~	76168
~~identifying registration number, in block characters of not less~~	76169
~~than two inches in height and of such color as to be distinctly~~	76170
~~visible and legible~~or fuel tank.	76171

(2) The registrar or deputy registrar also shall issue to the	76172
owner of an all-purpose vehicle, in addition to the certificate of	76173
registration, one license plate and a validation sticker, or a	76174
validation sticker alone when applicable upon a registration	76175
renewal. The license plate and validation sticker shall be	76176
displayed on the all-purpose vehicle so that they are distinctly	76177
visible, in accordance with such rules as the registrar adopts.	76178
The validation sticker shall indicate the expiration date of the	76179
registration period of the all-purpose vehicle. During each	76180
succeeding registration period following the issuance of the	76181
license plate and validation sticker, upon the filing of an	76182
application for registration and payment of the fee specified in	76183
division (C) of this section, a validation sticker alone shall be	76184
issued.	76185

(C) Unless previously canceled, each certificate of	76186
registration issued for a snowmobile, off-highway motorcycle, or	76187
all-purpose vehicle expires upon the thirty-first day of December	76188
in the third year after the date it is issued. Application for	76189
renewal of a certificate may be made not earlier than ninety days	76190
preceding the expiration date, and shall be accompanied by a fee	76191
of ~~thirty-one~~thirty-two dollars and twenty-five cents.	76192

Notwithstanding section 4519.11 of the Revised Code, of each	76193
~~thirty-one~~thirty-two dollar and twenty-five-cent fee collected	76194
for the registration of ana snowmobile, off-highway motorcycle,	76195
or all-purpose vehicle, the registrar shall retain not more than	76196
~~five~~six dollars to pay for the licensing and registration costs	76197
the bureau of motor vehicles incurs in registering the	76198
snowmobile, off-highway motorcycle, or all-purpose vehicle. The	76199
remainder of the fee shall be deposited into the state treasury	76200
to the credit of the state recreational vehicle fund created by	76201
section 4519.11 of the Revised Code.	76202

Sec. 4519.44. (A) No person who does not hold a valid,	76203
current motor vehicle driver's or commercial driver's license,	76204
motorcycle operator's endorsement, or probationary license, issued	76205
under Chapter 4506. or 4507. of the Revised Code or a valid,	76206
current driver's license issued by another jurisdiction, shall	76207
operate a snowmobile, off-highway motorcycle, or all-purpose	76208
vehicle on any street or highway in this state, on any portion of	76209
the right-of-way thereof, or on any public land or waters.	76210

(B) No person who is less than sixteen years of age shall	76211
operate a snowmobile, off-highway motorcycle, or all-purpose	76212
vehicle on any land or waters other than private property or	76213
waters owned by or leased to the person's parent or guardian,	76214
unless accompanied by another person who is eighteen years of age,	76215
or older, and who holds a license as provided in division (A) of	76216
this section, except that the department of natural resources may	76217
permit such operation on state controlled land under its	76218
jurisdiction when such person is less than sixteen years of age,	76219
~~but is twelve years of age or older~~ and is accompanied by a parent	76220
or guardian who is a licensed driver eighteen years of age or	76221
older.	76222

(C) Whoever violates this section shall be fined not less	76223
than fifty nor more than five hundred dollars, imprisoned not less	76224
than three nor more than thirty days, or both.	76225

Sec. 4519.59. (A)(1) The clerk of a court of common pleas	76226
shall charge and retain fees as follows:	76227

(a) Fifteen dollars for each certificate of title or	76228
duplicate certificate of title including the issuance of a	76229
memorandum certificate of title, authorization to print a	76230
non-negotiable evidence of ownership described in division (D) of	76231
section 4519.58 of the Revised Code, non-negotiable evidence of	76232
ownership printed by the clerk under division (E) of that section,	76233
and notation of any lien on a certificate of title that is applied	76234
for at the same time as the certificate of title. The clerk shall	76235
retain ~~eleven~~twelve dollars and ~~fifty~~twenty-five cents of that	76236
fee.	76237

(b) Five dollars for each certificate of title with no	76238
security interest noted that is issued to a licensed motor vehicle	76239
dealer for resale purposes. The clerk shall retain two dollars and	76240
twenty-five cents of that fee.	76241

(c) Five dollars for each memorandum certificate of title or	76242
non-negotiable evidence of ownership that is applied for	76243
separately. The clerk shall retain that entire fee.	76244

(2) The fees that are not retained by the clerk shall be	76245
paid to the registrar of motor vehicles by monthly returns, which	76246
shall be forwarded to the registrar not later than the fifth day	76247
of the month next succeeding that in which the certificate is	76248
forwarded or that in which the registrar is notified of a lien or	76249
cancellation of a lien.	76250

(B)(1) The registrar shall pay twenty-five cents of the	76251
amount received for each certificate of title ~~that is issued to a~~	76252
~~motor vehicle dealer for resale and one dollar for all other~~	76253
~~certificates of title~~ issued into the state bureau of motor	76254
vehicles fund established in section 4501.25 of the Revised Code.	76255

(2) Fifty cents of the amount received for each certificate	76256
of title shall be paid by the registrar as follows:	76257

(a) Four cents shall be paid into the state treasury to the	76258
credit of the motor vehicle dealers board fund created in section	76259
4505.09 of the Revised Code, for use as described in division	76260
(B)(2)(a) of that section.	76261

(b) Twenty-one cents shall be paid into the highway operating	76262
fund.	76263

(c) Twenty-five cents shall be paid into the state treasury	76264
to the credit of the motor vehicle sales audit fund created in	76265
section 4505.09 of the Revised Code, for use as described in	76266
division (B)(2)(c) of that section.	76267

(3) Two dollars of the amount received by the registrar for	76268
each certificate of title shall be paid into the state treasury to	76269
the credit of the automated title processing fund created in	76270
section 4505.09 of the Revised Code, for use as described in	76271
divisions (B)(3)(a) and (c) of that section.	76272

Sec. 4549.10. (A) No person shall operate or cause to be	76273
operated upon a public road or highway a motor vehicle of a	76274
manufacturer or dealer unless the vehicle carries and displays two	76275
placards, except as provided in section 4503.21 of the Revised	76276
Code, issued by the director of public safety that bear the	76277
registration number of its manufacturer or dealer.	76278

(B) Whoever violates division (A) of this section is guilty	76279
of illegal operation of a manufacturer's or dealer's motor	76280
vehicle, a minor misdemeanor ~~on a first offense and a misdemeanor~~	76281
~~of the fourth degree on each subsequent offense~~.	76282

Sec. 4549.12. (A) No person who is the owner of a motor	76283
vehicle and a resident of this state shall operate or drive the	76284
motor vehicle upon the highways of this state, while it displays a	76285
distinctive number or identification mark issued by or under the	76286
authority of another state, without complying with the laws of	76287
this state relating to the registration and identification of	76288
motor vehicles.	76289

(B) Whoever violates division (A) of this section is guilty	76290
of illegal operation by a resident of this state of a motor	76291
vehicle bearing the distinctive number or identification mark	76292
issued by a foreign jurisdiction, a minor misdemeanor ~~on a first~~	76293
~~offense and a misdemeanor of the fourth degree on each subsequent~~	76294
~~offense~~.	76295

Sec. 4582.71. (A) As used in this section:

76296

(1) "Bond proceedings" means, with respect to obligations	76297
authorized under this section, the resolutions, certifications and	76298
agreements, including without limitation a venture capital	76299
agreement, the loan documents and any trust agreements, and any	76300
authorized credit enhancement facilities or swaps or other hedging	76301
instruments, and amendments or supplements thereto, or to any one	76302
or more or combination of them, authorizing, awarding, or	76303
providing for the terms and conditions applicable to or providing	76304
for the security or liquidity of, the particular obligations, and	76305
the provisions contained in those obligations.	76306

(2) "Issuing authority" means a port authority that, pursuant	76307
to a venture capital agreement, issues or issued obligations to	76308
fund one or more loans to the program fund.	76309

(3) "Loan" means an extension of credit to or in aid of the	76310
program fund in any form, including loans to lenders or the	76311
purchase of loans, including the purchase for cancellation of any	76312
loan, and evidenced in any manner including, without limitation,	76313
by a loan agreement, a promissory note, a bond, note, certificate	76314
of participation or other security, a letter of credit and	76315
reimbursement agreement or other credit facility, or a standby	76316
bond or note purchase agreement, line of credit or other liquidity	76317
facility, and including, in any event, any related swap or other	76318
hedging instrument.	76319

(4) "Obligations" means, as applicable to the issuing	76320
authority, bonds, notes, or other forms or evidences of obligation	76321
constituting revenue bonds as that term is used in division (A)(4)	76322
of section 4582.06 of the Revised Code, or port authority revenue	76323
bonds as that term is used in section 4582.48 and division (A)(8)	76324
of section 4582.31 of the Revised Code, which obligations are	76325
issued by the issuing authority pursuant to the bond proceedings	76326
and this section.	76327

(5) "Port authority" means a port authority organized and	76328
existing under Chapter 4582. of the Revised Code.	76329

(6) "Research and development costs" means costs of or in	76330
support of or related to the implementation of research and	76331
development purposes including, without limitation, capital	76332
formation, direct operating costs, costs of research and	76333
facilities, including interests in real property therefor, and	76334
other support, and costs of making grants, loans, including loans	76335
to lenders or the purchase of loans, subsidies, contributions,	76336
advances or guarantees, or direct investments in, or payment, or	76337
reimbursement from available moneys for, implementing research and	76338
development purposes consistent with Section 2p of Article VIII,	76339
Ohio Constitution, and the investment policy adopted by the	76340
venture capital authority pursuant to section 150.03 of the	76341
Revised Code, and includes financing charges, amounts necessary to	76342
establish the reserves required pursuant to the bond proceedings,	76343
interest on loans including loans purchased for cancellation,	76344
interest on the obligations from their date until the time	76345
determined in the bond proceedings when interest is to be paid	76346
from sources other than the proceeds of obligations, legal	76347
expenses and other costs of or related to the issuance of	76348
obligations, estimates of costs and revenues or other expenses	76349
necessary or incident to determining the feasibility or	76350
practicability of the financing of any research and development	76351
costs with proceeds of obligations or other sources,	76352
administrative expenses related to obligations, and the	76353
application of the proceeds of obligations, including fees of the	76354
issuing authority, any trustee, and any other costs and expenses	76355
reasonably necessary or incident thereto or to the financing of	76356
research and development costs, and costs described in this	76357
division incurred prior to the issuance of obligations and paid,	76358
advanced, or borrowed by an issuing authority, the venture capital	76359
authority, the program fund or other public or private person or	76360
entity, which costs may be reimbursed from the proceeds of such	76361
obligations. "Research and development costs" does not include any	76362
otherwise qualifying costs that are in support of the purposes	76363
provided for in Section 15 of Article VIII, Ohio Constitution.	76364

(7) "Tax credits" means the refundable tax credits authorized	76365
by section 150.07 of the Revised Code and to be issued by the	76366
venture capital authority to any lender.	76367

(8) "Venture capital agreement" means an agreement between	76368
the venture capital authority and an issuing authority entered	76369
into under division (E) of section 150.02 of the Revised Code.	76370

(9) "Venture capital authority" means the Ohio venture	76371
capital authority established under section 150.02 of the Revised	76372
Code.	76373

(10) "Lender," "program fund," and "research and development	76374
purposes" have the same meanings as in section 150.01 of the	76375
Revised Code.	76376

(B) In addition to other authorized purposes of a port	76377
authority, activities authorized by Section 2p of Article VIII,	76378
Ohio Constitution, shall be authorized purposes of port	76379
authorities.	76380

(C) An issuing authority may issue obligations pursuant to	76381
this section and Section 2p of Article VIII, Ohio Constitution, to	76382
make loans to the program fund to provide for research and	76383
development costs. The proceeds of the obligations shall be used	76384
to make loans to provide for research and development costs and	76385
all such proceeds shall be so used in accordance with the bond	76386
proceedings.	76387

(D) Except to any extent inconsistent with this section, all	76388
terms, provisions, and authorizations in Chapter 4582. of the	76389
Revised Code as applicable to the issuing authority, and the	76390
terms, provisions, and authorizations of sections 9.96, 9.98,	76391
9.981, 9.982, and 9.983 of the Revised Code apply to the	76392
obligations and the bond proceedings except as otherwise provided	76393
or provided for in those obligations and bond proceedings. The	76394
obligations shall be secured by a trust agreement between the	76395
issuing authority and a trustee, and such trust agreement, and the	76396
establishment, deposit, investment and application of special	76397
funds, and the safeguarding of moneys shall be governed by the	76398
bond proceedings and by Chapter 4582. of the Revised Code, as	76399
applicable to the issuing authority. Pursuant to the trust	76400
agreement and other bond proceedings, there shall be established,	76401
in addition to any other special funds in the custody of the	76402
trustee, one or more funds into which shall be deposited the	76403
proceeds of the obligations and the revenues pledged to the	76404
payment of the obligations, including a reserve fund in an amount	76405
established in, and to be funded as provided in, the bond	76406
proceedings.	76407

(E) The issuing authority, the trustee, or both shall be	76408
authorized under the venture capital agreement to receive and	76409
claim tax credits in accordance with division (E) of section	76410
150.07 of the Revised Code, and the holders of the obligations, or	76411
any book-entry interests therein, shall have no rights with	76412
respect to the tax credits except any right established under the	76413
applicable trust agreement to direct the trustee to take, or	76414
require the issuing authority to take, the actions necessary to	76415
receive and claim any available tax credits. Upon receipt of any	76416
tax credits issued by the venture capital authority, the issuing	76417
authority or the trustee shall, within the times required by law,	76418
file an appropriate tax return to claim the applicable tax credits	76419
and, upon receipt of the proceeds of any such tax credits, an	76420
issuing authority shall promptly deliver to the trustee for	76421
deposit, and the trustee shall upon receipt deposit, such proceeds	76422
into the funds established in accordance with division (D) of this	76423
section.	76424

(F) The venture capital authority, the director of	76425
development, or the tax commissioner may covenant in the bond	76426
proceedings, and such covenants shall be controlling	76427
notwithstanding any other provision of law, that the state and	76428
applicable officers and state agencies, including the general	76429
assembly, so long as any obligations issued under this section are	76430
outstanding, shall maintain statutory authority for and shall	76431
authorize, issue, and deliver fully refundable tax credits in such	76432
amounts and for such periods, subject to the limitation in section	76433
150.07 of the Revised Code on the date of such covenant, so that	76434
the tax credits will be sufficient, subject to such limits, in	76435
time and amount to meet debt service on the obligations and for	76436
the establishment and maintenance of any reserves and other	76437
requirements provided for in the bond proceedings. The general	76438
assembly may from time to time repeal any of the taxes against	76439
which the tax credits may be claimed, and may authorize the tax	76440
credits to be claimed with respect to any new tax to meet any such	76441
covenant made in the bond proceedings, provided that, so long as	76442
any obligations issued under this section are outstanding, nothing	76443
in this division authorizes any impairment of a covenant to	76444
maintain statutory authority for and to authorize, issue, and	76445
deliver fully refundable tax credits sufficient, subject to	76446
applicable limits, to meet the commitments made in any such	76447
covenant.	76448

(G) The obligations do not constitute a debt, or a pledge of	76449
the faith and credit, of the state, the issuing authority or any	76450
political subdivision of the state, and the holders or owners of	76451
the obligations have no right to have taxes levied by the general	76452
assembly or the taxing authority of the issuing authority or any	76453
political subdivision of the state for the payment of the	76454
principal of or interest on the obligations, but the obligations	76455
are payable solely from the revenues and funds pledged for their	76456
payment as authorized in or pursuant to this section and the bond	76457
proceedings, and the obligations shall contain on the face thereof	76458
a statement to the effect that the obligations, as to both	76459
principal and interest, are not debts of the state, the issuing	76460
authority, or any political subdivision of the state, but are	76461
payable solely from the revenues and funds pledged for their	76462
payment.	76463

(H) This section is intended to implement Section 2p of	76464
Article VIII, Ohio Constitution, including provision for	76465
procedures for incurring and issuing obligations of local public	76466
entities and agencies authorized by that section, and shall be	76467
liberally construed to effect the purposes of that section. The	76468
powers and authorizations granted in this section may be exercised	76469
jointly or separately by one or more issuing authorities and are	76470
in addition to and supplemental to the powers and authorizations	76471
otherwise granted to port authorities under applicable provisions	76472
of Chapter 4582. of the Revised Code and shall not be construed as	76473
a limitation on any such powers or authorizations.	76474

Sec. 4705.09. (A)(1) Any person admitted to the practice of	76475
law in this state by order of the supreme court in accordance with	76476
its prescribed and published rules, or any law firm or legal	76477
professional association, may establish and maintain an	76478
interest-bearing trust account, for purposes of depositing client	76479
funds held by the attorney, firm, or association that are nominal	76480
in amount or are to be held by the attorney, firm, or association	76481
for a short period of time~~, with any bank, savings bank, or~~	76482
~~savings and loan association that is authorized to do business in~~	76483
~~this state and is insured by the federal deposit insurance~~	76484
~~corporation or the successor to that corporation, or any credit~~	76485
~~union insured by the national credit union administration~~	76486
~~operating under the "Federal Credit Union Act," 84 Stat. 994~~	76487
~~(1970), 12 U.S.C.A. 1751, or insured by a credit union share~~	76488
~~guaranty corporation established under Chapter 1761. of the~~	76489
~~Revised Code~~. ~~Each~~	76490

(2) The account established under division (A) of this	76491
section shall be established and maintained at an eligible	76492
depository.	76493

(3) Each account established under ~~this~~ division (A) of this	76494
section shall be in the name of the attorney, firm, or association	76495
that established and is maintaining it and shall be identified as	76496
an IOLTA or an interest on lawyer's trust account. The name of the	76497
account may contain additional identifying features to distinguish	76498
it from other trust accounts established and maintained by the	76499
attorney, firm, or association.	76500

~~(2)~~(4) Each attorney who receives funds belonging to a client	76501
shall do one of the following:	76502

(a) Establish and maintain one or more interest-bearing trust	76503
accounts in accordance with division (A)(1) of this section or	76504
maintain one or more interest-bearing trust accounts previously	76505
established in accordance with that division, and deposit all	76506
client funds held that are nominal in amount or are to be held by	76507
the attorney for a short period of time in the account or	76508
accounts;	76509

(b) If the attorney is affiliated with a law firm or legal	76510
professional association, comply with division (A)~~(2)~~(4)(a) of	76511
this section or deposit all client funds held that are nominal in	76512
amount or are to be held by the attorney for a short period of	76513
time in one or more interest-bearing trust accounts established	76514
and maintained by the firm or association in accordance with	76515
division (A)(1) of this section.	76516

~~(3)~~(5) No funds belonging to any attorney, firm, or legal	76517
professional association shall be deposited in any	76518
interest-bearing trust account established under division (A)~~(1)~~	76519
~~or (2)~~ of this section, except that funds sufficient to establish	76520
the account or to pay or enable a waiver of depository institution	76521
service charges on the account shall be deposited in the account	76522
and other funds belonging to the attorney, firm, or association	76523
may be deposited as authorized by the ~~Code of Professional~~	76524
~~Responsibility~~Rules of Professional Conduct adopted by the	76525
supreme court. The determinations of whether funds held are	76526
nominal or more than nominal in amount and of whether funds are to	76527
be held for a short period or longer than a short period of time	76528
rests in the sound judgment of the particular attorney. No	76529
imputation of professional misconduct shall arise from the	76530
attorney's exercise of judgment in these matters.	76531

(B) All interest earned on funds deposited in an	76532
interest-bearing trust account established under division (A)~~(1)~~	76533
~~or (2)~~ of this section shall be transmitted to the treasurer of	76534
state for deposit in the legal aid fund established under section	76535
120.52 of the Revised Code. No part of the interest earned on	76536
funds deposited in an interest-bearing trust account established	76537
under division (A)~~(1) or (2)~~ of this section shall be paid to, or	76538
inure to the benefit of, the attorney, the attorney's law firm or	76539
legal professional association, the client or other person who	76540
owns or has a beneficial ownership of the funds deposited, or any	76541
other account, person, or entity other than in accordance with	76542
this section, section 4705.10, and sections 120.51 to 120.55 of	76543
the Revised Code.	76544

(C) No liability arising out of any act or omission by any	76545
attorney, law firm, or legal professional association with respect	76546
to any interest-bearing trust account established under division	76547
(A)~~(1) or (2)~~ of this section shall be imputed to the depository	76548
institution.	76549

(D) The supreme court may adopt and enforce rules of	76550
professional conduct that pertain to the use, by attorneys, law	76551
firms, or legal professional associations, of interest-bearing	76552
trust accounts established under division (A)~~(1) or (2)~~ of this	76553
section, and that pertain to the enforcement of division (A)~~(2)~~ of	76554
this section. Any rules adopted by the supreme court under this	76555
authority shall conform to the provisions of this section, section	76556
4705.10, and sections 120.51 to 120.55 of the Revised Code and any	76557
rules adopted by the Ohio legal assistance foundation pursuant to	76558
section 120.52 of the Revised Code.	76559

(E) As used in this section, "eligible depository" has the	76560
same meaning as in section 3953.231 of the Revised Code.	76561

Sec. 4705.10. (A) All of the following apply to an	76562
interest-bearing trust account established under authority of	76563
section 4705.09 of the Revised Code:	76564

(1) All funds ~~in the~~shall be deposited into an IOLTA account	76565
product at an eligible depository and shall be subject to	76566
withdrawal upon request and without delay, or as soon as is	76567
permitted by federal law;	76568

(2)(a) The approved rate of interest payable on the account	76569
shall ~~not be less than the~~equal or exceed the highest interest	76570
rate or dividend rate paid by the eligible depository ~~institution~~	76571
~~to regular, nonattorney depositors~~on its account products that	76572
are not IOLTA account products. ~~Higher~~The eligible depository	76573
shall pay on its IOLTA account product any higher rates offered by	76574
~~the institution to customers whose deposits exceed certain time or~~	76575
~~quantity qualifications, such as those offered in the form of~~	76576
~~certificates of deposit, may be obtained by a person or law firm~~	76577
~~establishing the account if there is no impairment of the right to~~	76578
~~withdraw or transfer principal immediately~~it on its account	76579
products that are not IOLTA account products.	76580

(b) In paying not less than the highest interest rate or	76581
dividend paid by the eligible depository on its account products	76582
that are not IOLTA account products, an eligible depository shall	76583
do both of the following:	76584

(i) For IOLTA accounts with balances of less than one	76585
hundred thousand dollars, pay a rate that equals or exceeds the	76586
highest rate paid on its business checking account paying	76587
preferred interest rates, such as money market or indexed rates,	76588
or any other similar, suitable interest-bearing account offered by	76589
the eligible depository on its account products that are not IOLTA	76590
account products;	76591

(ii) For IOLTA accounts with balances of one hundred	76592
thousand dollars or more, pay a rate that equals or exceeds the	76593
highest rate paid on its business checking account with an	76594
automated investment feature, such as an overnight sweep account,	76595
business investment or other similar premium checking account,	76596
short-term jumbo certificate of deposit, money market account, or	76597
any other similar, suitable interest-bearing account offered by	76598
the eligible depository on its account products that are not IOLTA	76599
account products.	76600

(c) In determining the highest interest rate or dividend paid	76601
by the eligible depository on its account products that are not	76602
IOLTA account products, an eligible depository shall consider the	76603
rates it offers its customers from internal rate sheets or through	76604
preferred or negotiated rates on a per customer basis. In	76605
considering the rate for the IOLTA account product, the eligible	76606
depository may also take into consideration and discount for	76607
factors such as fees paid by the account-holder, time commitments,	76608
and withdrawal limitations on other account products. The eligible	76609
depository shall not use these factors to preclude consideration	76610
of the rates paid on one or more of its account products that are	76611
not IOLTA account products in the eligible depository's	76612
establishment of a rate for the IOLTA account product.	76613

(d) If an eligible depository determines that it is unable to	76614
pay the rate required under this division during any reporting	76615
period, the eligible depository may request from the Ohio legal	76616
assistance foundation a waiver from the approved rate requirement	76617
for that reporting period. If an eligible depository requests a	76618
waiver from the approved rate requirement, the eligible depository	76619
shall demonstrate in the form and manner prescribed in rules	76620
adopted by the Ohio legal assistance foundation pursuant to	76621
section 120.52 of the Revised Code that the rates of interest paid	76622
on its IOLTA account product are generally not less than the	76623
highest rates paid by the eligible depository on its account	76624
products that are not IOLTA account products. At a minimum, the	76625
eligible depository shall demonstrate by an independent,	76626
third-party auditor's certification that not more than five per	76627
cent of the eligible depository's account products that are not	76628
IOLTA account products with an average daily balance of greater	76629
than or equal to one hundred thousand dollars have rates that are	76630
higher than the rate paid on the its IOLTA account product during	76631
the same reporting period.	76632

(3) The ~~depository institution shall be directed, by the~~	76633
person or law firm establishing the account,shall direct the	76634
eligible depository to do all of the following:	76635

(a) Remit by the fifteenth day of each month interest or	76636
dividends, whichever is applicable, on the average monthly balance	76637
in the account earned in the preceding month or as otherwise	76638
computed in accordance with the ~~institution's~~eligible	76639
depository's standard accounting practice~~, less reasonable service~~	76640
~~charges,~~ to the treasurer of state ~~at least quarterly~~ for deposit	76641
in the legal aid fund established under section 120.52 of the	76642
Revised Code;	76643

(b) Transmit to the treasurer of state, ~~upon its request,~~ to	76644
the Ohio Legal Assistance Foundation, and if requested, to the	76645
depositing attorney, law firm, or legal professional association	76646
upon the attorney's, firm's, or association's request, at the time	76647
of each remittance required by division (A)(3)(a) of this section,	76648
a statement showing the name of the attorney for whom or the law	76649
firm or legal professional association for which the remittance is	76650
sent, the comparable accounts or product types and the rates paid,	76651
as required in division (A)(2)(b) of this section, the rate of	76652
interest applied, the accounting period, the net amount remitted	76653
to the treasurer of state for each account, the total remitted,	76654
the average account balance for each month of the period for which	76655
the report is made, and the amount deducted for service charges	76656
assessed to and paid by the account holder or other party;	76657

~~(4) The depository institution shall notify~~(c) Notify the	76658
office of disciplinary counsel or other entity designated by the	76659
supreme court on each occasion when a properly payable instrument	76660
is presented for payment from the account, and the account	76661
contains insufficient funds~~. The depository institution shall~~,	76662
provide this notice without regard to whether the instrument is	76663
honored by the eligible depository ~~institution. The depository~~	76664
~~institution shall~~, provide the notice described in division	76665
(A)~~(4)~~(3)(c) of this section by electronic or other means within	76666
five banking days of the date that the instrument was honored or	76667
returned as dishonored~~. The~~, and include in the notice ~~shall~~	76668
~~contain~~ all of the following:	76669

~~(a)~~(i) The name and address of the eligible depository	76670
~~institution~~;	76671

~~(b)~~(ii) The name and address of the lawyer, law firm, or	76672
legal professional association that maintains the account;	76673

~~(c)~~(iii) The account number and either the amount of the	76674
overdraft and the date issued or the amount of the dishonored	76675
instrument and the date returned.	76676

(B)(1) The statements and reports of individual depositor	76677
information made under ~~divisions~~division (A)(3) ~~and (4)~~ of this	76678
section are confidential and are not public records subject to	76679
section 149.43 of the Revised Code and shall be used by the Ohio	76680
legal assistance foundation only for purposes of administering the	76681
legal aid fund and by the supreme court for enforcement of the	76682
rules of professional conduct adopted by the supreme court.	76683

(2) A depository institution may charge the lawyer, law firm,	76684
or legal professional association that maintains the account with	76685
fees associated with producing and mailing a notice required by	76686
division (A)~~(4)~~(3)(c) of this section but shall not deduct such	76687
fees from the interest earned on the account.	76688

76689

(1) "Approved rate" and "eligible depository" have the same	76690
meaning as in section 3953.231 of the Revised Code.	76691

(2) "IOLTA account product" means a separate and unique	76692
product offered by an eligible depository that is used exclusively	76693
for the deposit of funds transferred electronically or otherwise,	76694
cash, money orders, or negotiable instruments that are received by	76695
an attorney that is used to hold client funds and fully complies	76696
with the account requirements of sections 120.52, 4705.09, and	76697
4705.10 of the Revised Code.	76698

Sec. 4709.12. (A) The barber board shall charge and collect	76699
the following fees:	76700

(1) For the application to take the barber examination,	76701
ninety dollars;	76702

(2) For an application to retake any part of the barber	76703
examination, forty-five dollars;	76704

(3) For the initial issuance of a license to practice as a	76705
barber, thirty dollars;	76706

(4) For the biennial renewal of the license to practice as a	76707
barber, one hundred ten dollars;	76708

(5) For the restoration of an expired barber license, one	76709
hundred dollars, and seventy-five dollars for each lapsed year,	76710
provided that the total fee shall not exceed six hundred ninety	76711
dollars;	76712

(6) For the issuance of a duplicate barber or shop license,	76713
forty-five dollars;	76714

(7) For the inspection of a new barber shop, change of	76715
ownership, or reopening of premises or facilities formerly	76716
operated as a barber shop, and issuance of a shop license, one	76717
hundred ten dollars;	76718

(8) For the biennial renewal of a barber shop license,	76719
seventy-five dollars;	76720

(9) For the restoration of a barber shop license, one hundred	76721
ten dollars;	76722

(10) For each inspection of premises for location of a new	76723
barber school, or each inspection of premises for relocation of a	76724
currently licensed barber school, seven hundred fifty dollars;	76725

(11) For the initial barber school license, one thousand	76726
dollars, and one thousand dollars for the renewal of the license;	76727

(12) For the restoration of a barber school license, one	76728
thousand dollars;	76729

(13) For the issuance of a student registration, forty	76730
dollars;	76731

(14) For the examination and issuance of a biennial teacher	76732
license, one hundred eighty-five dollars;	76733

(15) For the renewal of a biennial teacher license, one	76734
hundred fifty dollars;	76735

(16) For the restoration of an expired teacher license, two	76736
hundred twenty-five dollars, and sixty dollars for each lapsed	76737
year, provided that the total fee shall not exceed four hundred	76738
fifty dollars;	76739

(17) For the issuance of a barber license by reciprocity	76740
pursuant to section 4709.08 of the Revised Code, three hundred	76741
dollars;	76742

(18) For providing licensure information concerning an	76743
applicant, upon written request of the applicant, forty dollars.	76744

(B) The board, subject to the approval of the controlling	76745
board, may establish fees in excess of the amounts provided in	76746
this section, provided that the fees do not exceed the amounts	76747
permitted by this section by more than fifty per cent.	76748

(C) In addition to any other fee charged and collected under	76749
this section, the barber board shall ask each person renewing a	76750
license to practice as a barber whether the person wishes to make	76751
a two-dollar voluntary contribution to the Ed Jeffers barber	76752
museum. The board shall transmit any contributions to the	76753
treasurer of state for deposit into the occupational licensing	76754
fund.	76755

Sec. 4713.28. The state board of cosmetology shall issue a	76756
practicing license to an applicant who, except as provided in	76757
section 4713.30 of the Revised Code, satisfies all of the	76758
following applicable conditions:	76759

(A) Is at least sixteen years of age;

76760

(B) Is of good moral character;

76761

(C) Has ~~the equivalent of~~ an Ohio ~~public school tenth grade~~	76762
~~education~~high school diploma, certificate of completion, or a	76763
general equivalency diploma or has met all career technical	76764
requirements as established by the Ohio department of education;	76765

(D) Passes an examination conducted under section 4713.24 of	76766
the Revised Code for the branch of cosmetology the applicant seeks	76767
to practice;	76768

(E) Pays to the board the applicable fee;

76769

(F) In the case of an applicant for an initial cosmetologist	76770
license, has successfully completed at least fifteen hundred hours	76771
of board-approved cosmetology training in a school of cosmetology	76772
licensed in this state, except that only one thousand hours of	76773
board-approved cosmetology training in a school of cosmetology	76774
licensed in this state is required of a person licensed as a	76775
barber under Chapter 4709. of the Revised Code;	76776

(G) In the case of an applicant for an initial esthetician	76777
license, has successfully completed at least six hundred hours of	76778
board-approved esthetics training in a school of cosmetology	76779
licensed in this state;	76780

(H) In the case of an applicant for an initial hair designer	76781
license, has successfully completed at least one thousand two	76782
hundred hours of board-approved hair designer training in a school	76783
of cosmetology licensed in this state, except that only one	76784
thousand hours of board-approved hair designer training in a	76785
school of cosmetology licensed in this state is required of a	76786
person licensed as a barber under Chapter 4709. of the Revised	76787
Code;	76788

(I) In the case of an applicant for an initial manicurist	76789
license, has successfully completed at least two hundred hours of	76790
board-approved manicurist training in a school of cosmetology	76791
licensed in this state;	76792

(J) In the case of an applicant for an initial natural hair	76793
stylist license, has successfully completed at least four hundred	76794
fifty hours of instruction in subjects relating to sanitation,	76795
scalp care, anatomy, hair styling, communication skills, and laws	76796
and rules governing the practice of cosmetology.	76797

Sec. 4713.32. When determining the total hours of	76798
instruction received by an applicant for a license under section	76799
4713.28, 4713.30, or 4713.31 of the Revised Code, the state board	76800
of cosmetology shall not take into account more than ~~eight~~ten	76801
hours of instruction per day. The board shall take into account	76802
instruction received more than five years prior to the date of	76803
application for the license in accordance with rules adopted under	76804
section 4713.08 of the Revised Code.	76805

Sec. 4713.63. A practicing license, managing license, or	76806
instructor license that has not been renewed for any reason other	76807
than because it has been revoked, suspended, or classified	76808
inactive, or because the license holder has been given a waiver or	76809
extension under section 4713.60 of the Revised Code, is expired.	76810
An expired license may be restored if the person who held the	76811
license meets all of the following applicable conditions:	76812

(A) Pays to the state board of cosmetology the restoration	76813
fee,the current renewal fee, and any applicable late fees;	76814

(B) Pays ~~all~~a lapsed renewal ~~fees~~fee of forty-five dollars	76815
per license renewal period that has elapsed since the license was	76816
last issued or renewed;	76817

(C) ~~Submits proof satisfactory to the state board of~~	76818
~~cosmetology that the person has completed all applicable~~	76819
~~continuing education requirements;~~	76820

~~(D)~~ In the case of a practicing license or managing license	76821
that has been expired for more than two ~~years, retakes and passes~~	76822
~~an examination conducted under section 4713.24 of the Revised Code~~	76823
~~for the branch of cosmetology that the person seeks to practice or~~	76824
~~type of salon the person seeks to manage~~consecutive license	76825
renewal periods, completes eight hours of continuing education for	76826
each license renewal period that has elapsed since the license was	76827
last issued or renewed, up to a maximum of twenty-four hours. At	76828
least four of those hours shall include a course pertaining to	76829
sanitation and safety methods.	76830

The board shall deposit all fees it receives under division	76831
(B) of this section into the general revenue fund.	76832

Sec. 4713.64. (A) In accordance with Chapter 119. of the	76833
Revised Code, the state board of cosmetology may deny, revoke, or	76834
suspend a license or permit issued by the board or impose a fine	76835
for any of the following:	76836

(1) Failure to comply with the requirements of this chapter	76837
or rules adopted under it;	76838

(2) Continued practice by a person knowingly having an	76839
infectious or contagious disease;	76840

(3) Habitual drunkenness or addiction to any habit-forming	76841
drug;	76842

(4) Willful false and fraudulent or deceptive advertising;

76843

(5) Falsification of any record or application required to be	76844
filed with the board;	76845

(6) Failure to pay a fine or abide by a suspension order	76846
issued by the board.	76847

(B) The board may impose a separate fine for each offense	76848
listed in division (A) of this section. The amount of a fine shall	76849
be not more than ~~one~~five hundred dollars if the violator has not	76850
previously been fined for that offense. The fine shall be not more	76851
than ~~five hundred~~one thousand dollars if the violator has been	76852
fined for the same offense once before. The fine shall be not more	76853
than one thousand five hundred dollars if the violator has been	76854
fined for the same offense two or more times before.	76855

(C) If a person fails to request a hearing within thirty days	76856
of the date the board, in accordance with section 119.07 of the	76857
Revised Code, notifies the person of the board's intent to act	76858
against the person under division (A) of this section, the board	76859
by a majority vote of a quorum of the board members may take the	76860
action against the person without holding an adjudication hearing.	76861

(D) The board, after a hearing in accordance with Chapter	76862
119. of the Revised Code, may suspend a tanning facility permit if	76863
the owner or operator fails to correct an unsafe condition that	76864
exists in violation of the board's rules or fails to cooperate in	76865
an inspection of the tanning facility. If a violation has resulted	76866
in a condition reasonably believed by an inspector to create an	76867
immediate danger to the health and safety of any person using the	76868
tanning facility, the inspector may suspend the permit without a	76869
prior hearing until the condition is corrected or until a hearing	76870
in accordance with Chapter 119. of the Revised Code is held and	76871
the board either upholds the suspension or reinstates the permit.	76872

Sec. 4731.10. Upon the request of a person ~~licensed~~who	76873
holds a certificate to practice in this state pursuant to Chapter	76874
4731. of the Revised Code and is seeking licensure in another	76875
state, the state medical board shall ~~certify an application for~~	76876
~~licensure in another~~provide verification of the person's	76877
certificate to practice in this state. The fee for such	76878
~~certification~~verification shall be fifty dollars.	76879

Sec. 4731.26. Upon application by the holder of a	76880
certificate to practice or certificate of registration issued	76881
under this chapter, the state medical board shall issue a	76882
duplicate certificate to replace one missing or damaged, to	76883
reflect a name change, or for any other reasonable cause. The fee	76884
for ~~such~~a duplicate certificate to practice or duplicate	76885
certificate of registration shall be thirty-five dollars.	76886

Sec. 4731.38. All vouchers of the state medical board shall	76887
be approved by the ~~board~~board's president or, the board's	76888
executive ~~secretary~~director, or ~~both, as~~another person	76889
authorized by the board.	76890

Sec. 4733.10. The state board of registration for	76891
professional engineers and surveyors shall prepare annually a	76892
listing of all registered professional engineers, registered	76893
professional surveyors, and firms that possess a certificate of	76894
authorization. The board shall provide a copy of this listing upon	76895
request to registrants of the board and to firms possessing a	76896
certificate of authorization without charge and to the public upon	76897
request and payment of copy costs.	76898

Additionally, the board shall issue an official verification	76899
of the status of any person registered as a professional engineer	76900
or professional surveyor in this state upon receipt of a	76901
verification form and the payment of a fee established by the	76902
board.	76903

Sec. 4735.06. (A) Application for a license as a real estate	76904
broker shall be made to the superintendent of real estate on forms	76905
furnished by the superintendent and filed with the superintendent	76906
and shall be signed by the applicant or its members or officers.	76907
Each application shall state the name of the person applying and	76908
the location of the place of business for which the license is	76909
desired, and give such other information as the superintendent	76910
requires in the form of application prescribed by the	76911
superintendent.	76912

If the applicant is a partnership, limited liability company,	76913
limited liability partnership, or association, the names of all	76914
the members also shall be stated, and, if the applicant is a	76915
corporation, the names of its president and of each of its	76916
officers also shall be stated. The superintendent has the right to	76917
reject the application of any partnership, association, limited	76918
liability company, limited liability partnership, or corporation	76919
if the name proposed to be used by such partnership, association,	76920
limited liability company, limited liability partnership, or	76921
corporation is likely to mislead the public or if the name is not	76922
such as to distinguish it from the name of any existing	76923
partnership, association, limited liability company, limited	76924
liability partnership, or corporation licensed under this chapter,	76925
unless there is filed with the application the written consent of	76926
such existing partnership, association, limited liability company,	76927
limited liability partnership, or corporation, executed by a duly	76928
authorized representative of it, permitting the use of the name of	76929
such existing partnership, association, limited liability company,	76930
limited liability partnership, or corporation.	76931

(B) A fee of ~~sixty-nine~~one hundred dollars shall accompany	76932
the application for a real estate broker's license, which fee	76933
includes the fee for the initial year of the licensing period, if	76934
a license is issued. The application fee shall be retained by the	76935
superintendent if the applicant is admitted to the examination for	76936
the license or the examination requirement is waived, but, if an	76937
applicant is not so admitted and a waiver is not involved,	76938
one-half of the fee shall be retained by the superintendent to	76939
cover the expenses of processing the application and the other	76940
one-half shall be returned to the applicant. A fee of ~~sixty-nine~~	76941
one hundred dollars shall be charged by the superintendent for	76942
each successive application made by an applicant. In the case of	76943
issuance of a three-year license, upon passing the examination,	76944
or upon waiver of the examination requirement, if the	76945
superintendent determines it is necessary, the applicant shall	76946
submit an additional fee determined by the superintendent based	76947
upon the number of years remaining in a real estate salesperson's	76948
licensing period.	76949

(C) ~~Four dollars~~One dollar of each application fee for a	76950
real estate broker's license shall be credited to the real estate	76951
education and research fund, which is hereby created in the state	76952
treasury. The Ohio real estate commission may use the fund in	76953
discharging the duties prescribed in divisions (E), (F), (G), and	76954
(H) of section 4735.03 of the Revised Code and shall use it in the	76955
advancement of education and research in real estate at any	76956
institution of higher education in the state, or in contracting	76957
with any such institution or a trade organization for a particular	76958
research or educational project in the field of real estate, or in	76959
advancing loans, not exceeding eight hundred dollars, to	76960
applicants for salesperson licenses, to defray the costs of	76961
satisfying the educational requirements of division (F) of section	76962
4735.09 of the Revised Code. Such loans shall be made according to	76963
rules established by the commission under the procedures of	76964
Chapter 119. of the Revised Code, and they shall be repaid to the	76965
fund within three years of the time they are made. No more than	76966
ten thousand dollars shall be lent from the fund in any one year.	76967

The governor may appoint a representative from the executive	76968
branch to be a member ex officio of the commission for the purpose	76969
of advising on research requests or educational projects. The	76970
commission shall report to the general assembly on the third	76971
Tuesday after the third Monday in January of each year setting	76972
forth the total amount contained in the fund and the amount of	76973
each research grant that it has authorized and the amount of each	76974
research grant requested. A copy of all research reports shall be	76975
submitted to the state library of Ohio and the library of the	76976
legislative service commission.	76977

(D) If the superintendent, with the consent of the	76978
commission, enters into an agreement with a national testing	76979
service to administer the real estate broker's examination,	76980
pursuant to division (A) of section 4735.07 of the Revised Code,	76981
the superintendent may require an applicant to pay the testing	76982
service's examination fee directly to the testing service. If the	76983
superintendent requires the payment of the examination fee	76984
directly to the testing service, each applicant shall submit to	76985
the superintendent a processing fee in an amount determined by the	76986
Ohio real estate commission pursuant to division (A)(2) of section	76987
4735.10 of the Revised Code.	76988

Sec. 4735.09. (A) Application for a license as a real estate	76989
salesperson shall be made to the superintendent of real estate on	76990
forms furnished by the superintendent and signed by the applicant.	76991
The application shall be in the form prescribed by the	76992
superintendent and shall contain such information as is required	76993
by this chapter and the rules of the Ohio real estate commission.	76994
The application shall be accompanied by the recommendation of the	76995
real estate broker with whom the applicant is associated or with	76996
whom the applicant intends to be associated, certifying that the	76997
applicant is honest, truthful, and of good reputation, has not	76998
been convicted of a felony or a crime involving moral turpitude,	76999
and has not been finally adjudged by a court to have violated any	77000
municipal, state, or federal civil rights laws relevant to the	77001
protection of purchasers or sellers of real estate, which	77002
conviction or adjudication the applicant has not disclosed to the	77003
superintendent, and recommending that the applicant be admitted to	77004
the real estate salesperson examination.	77005

(B) A fee of ~~forty-nine~~sixty dollars shall accompany the	77006
application, which fee includes the fee for the initial year of	77007
the licensing period, if a license is issued. The application	77008
fee shall be retained by the superintendent if the applicant is	77009
admitted to the examination for the license or the examination	77010
requirement is waived, but, if an applicant is not so admitted	77011
and a waiver is not involved, one-half of the fee shall be	77012
retained by the superintendent to cover the expenses of processing	77013
the application and the other one-half shall be returned to the	77014
applicant. A fee of ~~forty-nine~~sixty dollars shall be charged by	77015
the superintendent for each successive application made by the	77016
applicant. ~~Four dollars~~One dollar of each application fee shall	77017
be credited to the real estate education and research fund.	77018

(C) There shall be no limit placed on the number of times an	77019
applicant may retake the examination.	77020

(D) The superintendent, with the consent of the commission,	77021
may enter into an agreement with a recognized national testing	77022
service to administer the real estate salesperson's examination	77023
under the superintendent's supervision and control, consistent	77024
with the requirements of this chapter as to the contents of the	77025
examination.	77026

If the superintendent, with the consent of the commission,	77027
enters into an agreement with a national testing service to	77028
administer the real estate salesperson's examination, the	77029
superintendent may require an applicant to pay the testing	77030
service's examination fee directly to the testing service. If the	77031
superintendent requires the payment of the examination fee	77032
directly to the testing service, each applicant shall submit to	77033
the superintendent a processing fee in an amount determined by the	77034
Ohio real estate commission pursuant to division (A)(1) of section	77035
4735.10 of the Revised Code.	77036

(E) The superintendent shall issue a real estate	77037
salesperson's license when satisfied that the applicant has	77038
received a passing score on each portion of the salesperson's	77039
examination as determined by rule by the real estate commission,	77040
except that the superintendent may waive one or more of the	77041
requirements of this section in the case of an applicant who is a	77042
licensed real estate salesperson in another state pursuant to a	77043
reciprocity agreement with the licensing authority of the state	77044
from which the applicant holds a valid real estate salesperson's	77045
license.	77046

(F) No applicant for a salesperson's license shall take the	77047
salesperson's examination who has not established to the	77048
satisfaction of the superintendent that the applicant:	77049

(1) Is honest, truthful, and of good reputation;

77050

(2)(a) Has not been convicted of a felony or crime of moral	77051
turpitude or, if the applicant has been so convicted, the	77052
superintendent has disregarded the conviction because the	77053
applicant has proven to the superintendent, by a preponderance of	77054
the evidence, that the applicant's activities and employment	77055
record since the conviction show that the applicant is honest,	77056
truthful, and of good reputation, and there is no basis in fact	77057
for believing that the applicant again will violate the laws	77058
involved;	77059

(b) Has not been finally adjudged by a court to have violated	77060
any municipal, state, or federal civil rights laws relevant to the	77061
protection of purchasers or sellers of real estate or, if the	77062
applicant has been so adjudged, at least two years have passed	77063
since the court decision and the superintendent has disregarded	77064
the adjudication because the applicant has proven, by a	77065
preponderance of the evidence, that the applicant is honest,	77066
truthful, and of good reputation, and there is no basis in fact	77067
for believing that the applicant again will violate the laws	77068
involved.	77069

(3) Has not, during any period in which the applicant was	77070
licensed under this chapter, violated any provision of, or any	77071
rule adopted pursuant to this chapter, or, if the applicant has	77072
violated such provision or rule, has established to the	77073
satisfaction of the superintendent that the applicant will not	77074
again violate such provision or rule;	77075

(4) Is at least eighteen years of age;

77076

(5) If born after the year 1950, has a high school diploma or	77077
its equivalent as recognized by the state department of education;	77078

(6)(a) If beginning instruction prior to August 1, 2001, has	77079
successfully completed at an institution of higher education all	77080
of the following:	77081

(i) Thirty hours of classroom instruction in real estate	77082
practice;	77083

(ii) Thirty hours of classroom instruction that includes the	77084
subjects of Ohio real estate law, municipal, state, and federal	77085
civil rights law, new case law on housing discrimination,	77086
desegregation issues, and methods of eliminating the effects of	77087
prior discrimination. If feasible, the classroom instruction in	77088
Ohio real estate law shall be taught by a member of the faculty of	77089
an accredited law school. If feasible, the classroom instruction	77090
in municipal, state, and federal civil rights law, new case law on	77091
housing discrimination, desegregation issues, and methods of	77092
eliminating the effects of prior discrimination shall be taught by	77093
a staff member of the Ohio civil rights commission who is	77094
knowledgeable with respect to those subjects. The requirements of	77095
this division do not apply to an applicant who is admitted to	77096
practice before the supreme court.	77097

(iii) Thirty hours of classroom instruction in real estate	77098
appraisal;	77099

(iv) Thirty hours of classroom instruction in real estate	77100
finance.	77101

(b) Any person who has not been licensed as a real estate	77102
salesperson or broker within a four-year period immediately	77103
preceding the person's current application for the salesperson's	77104
examination shall have successfully completed the classroom	77105
instruction required by division (F)(6)(a) of this section within	77106
a ten-year period immediately preceding the person's current	77107
application for the salesperson's examination.	77108

(7) If beginning instruction, as determined by the	77109
superintendent, on or after August 1, 2001, has successfully	77110
completed at an institution of higher education all of the	77111
following:	77112

(a) Forty hours of classroom instruction in real estate	77113
practice;	77114

(b) Forty hours of classroom instruction that includes the	77115
subjects of Ohio real estate law, municipal, state, and federal	77116
civil rights law, new case law on housing discrimination,	77117
desegregation issues, and methods of eliminating the effects of	77118
prior discrimination. If feasible, the classroom instruction in	77119
Ohio real estate law shall be taught by a member of the faculty of	77120
an accredited law school. If feasible, the classroom instruction	77121
in municipal, state, and federal civil rights law, new case law on	77122
housing discrimination, desegregation issues, and methods of	77123
eliminating the effects of prior discrimination shall be taught by	77124
a staff member of the Ohio civil rights commission who is	77125
knowledgeable with respect to those subjects. The requirements of	77126
this division do not apply to an applicant who is admitted to	77127
practice before the supreme court.	77128

(c) Twenty hours of classroom instruction in real estate	77129
appraisal;	77130

(d) Twenty hours of classroom instruction in real estate	77131
finance.	77132

(G) No later than twelve months after the date of issue of a	77133
real estate salesperson license to a licensee, the licensee shall	77134
submit proof satisfactory to the superintendent, on forms made	77135
available by the superintendent, of completion, at an institution	77136
of higher education or any other institution approved by the	77137
commission, of ten hours of classroom instruction in real estate	77138
courses that cover current issues regarding consumers, real	77139
estate practice, ethics, and real estate law.	77140

If proof of completion of the required instruction is not	77141
submitted within twelve months of the date a license is issued	77142
under this section, the licensee's license is suspended	77143
automatically without the taking of any action by the	77144
superintendent. The superintendent immediately shall notify the	77145
broker with whom such salesperson is associated of the suspension	77146
of the salesperson's license. A salesperson whose license has been	77147
suspended under this division shall have twelve months after the	77148
date of the suspension of the salesperson's license to submit	77149
proof of successful completion of the instruction required under	77150
this division. No such license shall be reactivated by the	77151
superintendent until it is established, to the satisfaction of the	77152
superintendent, that the requirements of this division have been	77153
met and that the licensee is in compliance with this chapter. A	77154
licensee's license is revoked automatically without the taking of	77155
any action by the superintendent when the licensee fails to submit	77156
the required proof of completion of the education requirements	77157
under division (G) of this section within twelve months of the	77158
date the license is suspended.	77159

(H) Examinations shall be administered with reasonable	77160
accommodations in accordance with the requirements of the	77161
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	77162
U.S.C. 12101. The contents of an examination shall be consistent	77163
with the classroom instructional requirements of division (F)(6)	77164
or (7) of this section. An applicant who has completed the	77165
classroom instructional requirements of division (F)(6) or (7) of	77166
this section at the time of application shall be examined no later	77167
than twelve months after the applicant is notified of the	77168
applicant's admission to the examination.	77169

Sec. 4735.12. (A) The real estate recovery fund is hereby	77170
created in the state treasury, to be administered by the	77171
superintendent of real estate. Amounts collected by the	77172
superintendent as prescribed in this section and interest earned	77173
on the assets of the fund shall be credited by the treasurer of	77174
state to the fund. The amount of money in the fund shall be	77175
ascertained by the superintendent as of the first day of July of	77176
each year.	77177

The commission, in accordance with rules adopted under	77178
division (A)(2)(g) of section 4735.10 of the Revised Code, shall	77179
impose a special assessment not to exceed ten dollars per year for	77180
each year of a licensing period on each licensee filing a notice	77181
of renewal under section 4735.14 of the Revised Code if the amount	77182
available in the fund is less than ~~one million~~five hundred	77183
thousand dollars on the first day of July preceding that filing.	77184
The commission may impose a special assessment not to exceed five	77185
dollars per year for each year of a licensing period if the	77186
amount available in the fund is greater than one million dollars,	77187
but less than two million dollars on the first day of July	77188
preceding that filing. The commission shall not impose a special	77189
assessment if the amount available in the fund exceeds two million	77190
dollars on the first day of July preceding that filing.	77191

(B)(1) Any person who obtains a final judgment in any court	77192
of competent jurisdiction against any broker or salesperson	77193
licensed under this chapter, on the grounds of conduct that is in	77194
violation of this chapter or the rules adopted under it, and that	77195
is associated with an act or transaction that only a licensed real	77196
estate broker or licensed real estate salesperson is authorized to	77197
perform as specified in division (A) or (C) of section 4735.01 of	77198
the Revised Code, may file a verified application, as described in	77199
division (B)(3) of this section, in ~~any~~the court of common pleas	77200
of Franklin county for an order directing payment out of the real	77201
estate recovery fund of the portion of the judgment that remains	77202
unpaid and that represents the actual and direct loss sustained by	77203
the applicant.	77204

(2) Punitive damages, attorney's fees, and interest on a	77205
judgment are not recoverable from the fund. In the discretion of	77206
the superintendent of real estate, court costs may be recovered	77207
from the fund, and, if the superintendent authorizes the recovery	77208
of court costs, the order of the court of common pleas then may	77209
direct their payment from the fund.	77210

(3) The application shall specify the nature of the act or	77211
transaction upon which the underlying judgment was based, the	77212
activities of the applicant in pursuit of remedies available under	77213
law for the collection of judgments, and the actual and direct	77214
losses, attorney's fees, and the court costs sustained or incurred	77215
by the applicant. The applicant shall attach to the application a	77216
copy of each pleading and order in the underlying court action.	77217

(4) The court shall order the superintendent to make such	77218
payments out of the fund when the person seeking the order has	77219
shown all of the following:	77220

(a) The person has obtained a judgment, as provided in this	77221
division;	77222

(b) All appeals from the judgment have been exhausted and the	77223
person has given notice to the superintendent, as required by	77224
division (C) of this section;	77225

(c) The person is not a spouse of the judgment debtor, or the	77226
personal representative of such spouse;	77227

(d) The person has diligently pursued the person's remedies	77228
against all the judgment debtors and all other persons liable to	77229
the person in the transaction for which the person seeks recovery	77230
from the fund;	77231

(e) The person is making the person's application not more	77232
than one year after termination of all proceedings, including	77233
appeals, in connection with the judgment.	77234

(5) Divisions (B)(1) to (4) of this section do not apply to	77235
any of the following:	77236

(a) Actions arising from property management accounts	77237
maintained in the name of the property owner;	77238

(b) A bonding company when it is not a principal in a real	77239
estate transaction;	77240

(c) A person in an action for the payment of a commission or	77241
fee for the performance of an act or transaction specified or	77242
comprehended in division (A) or (C) of section 4735.01 of the	77243
Revised Code;	77244

(d) Losses incurred by investors in real estate if the	77245
applicant and the licensee are principals in the investment.	77246

(C) A person who applies to a court of common pleas for an	77247
order directing payment out of the fund shall file notice of the	77248
application with the superintendent. The superintendent may defend	77249
any such action on behalf of the fund and shall have recourse to	77250
all appropriate means of defense and review, including examination	77251
of witnesses, verification of actual and direct losses, and	77252
challenges to the underlying judgment required in division	77253
(B)(4)(a) of this section to determine whether the underlying	77254
judgment is based on activity only a licensed broker or licensed	77255
salesperson is permitted to perform. The superintendent may move	77256
the court at any time to dismiss the application when it appears	77257
there are no triable issues and the application is without merit.	77258
The motion may be supported by affidavit of any person having	77259
knowledge of the facts and may be made on the basis that the	77260
application, including the judgment referred to in it, does not	77261
form the basis for a meritorious recovery claim; provided, that	77262
the superintendent shall give written notice to the applicant at	77263
least ten days before such motion. The superintendent may, subject	77264
to court approval, compromise a claim based upon the application	77265
of an aggrieved party. The superintendent shall not be bound by	77266
any prior compromise or stipulation of the judgment debtor.	77267

(D) Notwithstanding any other provision of this section, the	77268
liability of the fund shall not exceed forty thousand dollars for	77269
any one licensee. If a licensee's license is reactivated as	77270
provided in division (E) of this section, the liability of the	77271
fund for the licensee under this section shall again be forty	77272
thousand dollars, but only for transactions that occur subsequent	77273
to the time of reactivation.	77274

If the forty-thousand-dollar liability of the fund is	77275
insufficient to pay in full the valid claims of all aggrieved	77276
persons by whom claims have been filed against any one licensee,	77277
the forty thousand dollars shall be distributed among them in the	77278
ratio that their respective claims bear to the aggregate of valid	77279
claims or in such other manner as the court finds equitable.	77280
Distribution of moneys shall be among the persons entitled to	77281
share in it, without regard to the order of priority in which	77282
their respective judgments may have been obtained or their claims	77283
have been filed. Upon petition of the superintendent, the court	77284
may require all claimants and prospective claimants against one	77285
licensee to be joined in one action, to the end that the	77286
respective rights of all such claimants to the fund may be	77287
equitably adjudicated and settled.	77288

(E) If the superintendent pays from the fund any amount in	77289
settlement of a claim or toward satisfaction of a judgment against	77290
a licensed broker or salesperson, the license of the broker or	77291
salesperson shall be automatically suspended upon the date of	77292
payment from the fund. The superintendent shall not reactivate the	77293
suspended license of that broker or salesperson until the broker	77294
or salesperson has repaid in full, plus interest per annum at the	77295
rate specified in division (A) of section 1343.03 of the Revised	77296
Code, the amount paid from the fund on the broker's or	77297
salesperson's account. A discharge in bankruptcy does not relieve	77298
a person from the suspension and requirements for reactivation	77299
provided in this section unless the underlying judgment has been	77300
included in the discharge and has not been reaffirmed by the	77301
debtor.	77302

(F) If, at any time, the money deposited in the fund is	77303
insufficient to satisfy any duly authorized claim or portion of a	77304
claim, the superintendent shall, when sufficient money has been	77305
deposited in the fund, satisfy such unpaid claims or portions, in	77306
the order that such claims or portions were originally filed, plus	77307
accumulated interest per annum at the rate specified in division	77308
(A) of section 1343.03 of the Revised Code.	77309

(G) When, upon the order of the court, the superintendent has	77310
paid from the fund any sum to the judgment creditor, the	77311
superintendent shall be subrogated to all of the rights of the	77312
judgment creditor to the extent of the amount so paid, and the	77313
judgment creditor shall assign all the judgment creditor's right,	77314
title, and interest in the judgment to the superintendent to the	77315
extent of the amount so paid. Any amount and interest so recovered	77316
by the superintendent on the judgment shall be deposited in the	77317
fund.	77318

(H) Nothing contained in this section shall limit the	77319
authority of the superintendent to take disciplinary action	77320
against any licensee under other provisions of this chapter; nor	77321
shall the repayment in full of all obligations to the fund by any	77322
licensee nullify or modify the effect of any other disciplinary	77323
proceeding brought pursuant to this chapter.	77324

(I) The superintendent shall collect from the fund a service	77325
fee in an amount equivalent to the interest rate specified in	77326
division (A) of section 1343.03 of the Revised Code multiplied by	77327
the annual interest earned on the assets of the fund, to defray	77328
the expenses incurred in the administration of the fund.	77329

Sec. 4735.13. (A) The license of a real estate broker shall	77330
be prominently displayed in the office or place of business of	77331
the broker, and no license shall authorize the licensee to do	77332
business except from the location specified in it. If the broker	77333
maintains more than one place of business within the state, the	77334
broker shall apply for and procure a duplicate license for each	77335
branch office maintained by the broker. Each branch office shall	77336
be in the charge of a licensed broker or salesperson. The branch	77337
office license shall be prominently displayed at the branch	77338
office location.	77339

(B) The license of each real estate salesperson shall be	77340
mailed to and remain in the possession of the licensed broker with	77341
whom the salesperson is or is to be associated until the licensee	77342
places the license on inactive, voluntary hold, or resigned status	77343
or until the salesperson leaves the brokerage or is terminated.	77344
The broker shall keep each salesperson's license in a way that it	77345
can, and shall on request, be made immediately available for	77346
public inspection at the office or place of business of the	77347
broker. Except as provided in divisions (G) and (H) of this	77348
section, immediately upon the salesperson's leaving the	77349
association or termination of the association of a real estate	77350
salesperson with the broker, the broker shall return the	77351
salesperson's license to the superintendent of real estate.	77352

The failure of a broker to return the license of a real	77353
estate salesperson or broker who leaves or who is terminated, via	77354
certified mail return receipt requested, within three business	77355
days of the receipt of a written request from the superintendent	77356
for the return of the license, is prima-facie evidence of	77357
misconduct under division (A)(6) of section 4735.18 of the Revised	77358
Code.	77359

(C) Any licensee who is convicted of a felony or a crime	77360
involving moral turpitude or of violating any federal, state, or	77361
municipal civil rights law pertaining to discrimination in	77362
housing, or any court that issues a finding of an unlawful	77363
discriminatory practice pertaining to housing accommodations	77364
described in division (H) of section 4112.02 of the Revised Code	77365
or that convicts a licensee of a violation of any municipal civil	77366
rights law pertaining to housing discrimination, shall notify the	77367
superintendent of the conviction or finding within fifteen days.	77368
If a licensee fails to notify the superintendent within the	77369
required time, the superintendent immediately may revoke the	77370
license of the licensee.	77371

Any court that convicts a licensee of a violation of any	77372
municipal civil rights law pertaining to housing discrimination	77373
also shall notify the Ohio civil rights commission within fifteen	77374
days of the conviction.	77375

(D) In case of any change of business location, a broker	77376
shall give notice in writing to the superintendent, whereupon the	77377
superintendent shall issue new licenses for the unexpired period	77378
without charge. If a broker changes a business location without	77379
giving the required notice and without receiving new licenses	77380
that action is prima-facie evidence of misconduct under division	77381
(A)(6) of section 4735.18 of the Revised Code.	77382

(E) If a real estate broker desires to associate with another	77383
real estate broker in the capacity of a real estate salesperson,	77384
the broker shall apply to the superintendent to deposit the	77385
broker's real estate broker's license with the superintendent and	77386
for the issuance of a real estate salesperson's license. The	77387
application shall be made on a form prescribed by the	77388
superintendent and shall be accompanied by the recommendation of	77389
the real estate broker with whom the applicant intends to become	77390
associated and a fee of twenty-five dollars for the real estate	77391
salesperson's license. ~~Four dollars~~One dollar of the fee shall be	77392
credited to the real estate education and research fund. If the	77393
superintendent is satisfied that the applicant is honest,	77394
truthful, and of good reputation, has not been convicted of a	77395
felony or a crime involving moral turpitude, and has not been	77396
finally adjudged by a court to have violated any municipal, state,	77397
or federal civil rights laws relevant to the protection of	77398
purchasers or sellers of real estate, and that the association of	77399
the real estate broker and the applicant will be in the public	77400
interest, the superintendent shall grant the application and issue	77401
a real estate salesperson's license to the applicant. Any license	77402
so deposited with the superintendent shall be subject to this	77403
chapter. A broker who intends to deposit the broker's license with	77404
the superintendent, as provided in this section, shall give	77405
written notice of this fact in a format prescribed by the	77406
superintendent to all salespersons associated with the broker when	77407
applying to place the broker's license on deposit.	77408

(F) If a real estate broker desires to become a member or	77409
officer of a partnership, association, limited liability company,	77410
limited liability partnership, or corporation that is or intends	77411
to become a licensed real estate broker, the broker shall notify	77412
the superintendent of the broker's intentions. The notice of	77413
intention shall be on a form prescribed by the superintendent and	77414
shall be accompanied by a fee of twenty-five dollars. ~~Four dollars~~	77415
One dollar of the fee shall be credited to the real estate	77416
education and research fund.	77417

No real estate broker who is a member or officer of a	77418
partnership, association, limited liability company, limited	77419
liability partnership, or corporation that is a licensed real	77420
estate broker shall perform any acts as a real estate broker	77421
other than as the agent of the partnership, association, limited	77422
liability company, limited liability partnership, or corporation,	77423
and such broker shall not have any real estate salespersons	77424
associated with the broker.	77425

(G) If a real estate broker or salesperson enters the armed	77426
forces, the broker or salesperson may place the broker's or	77427
salesperson's license on deposit with the Ohio real estate	77428
commission. The licensee shall not be required to renew the	77429
license until the renewal date that follows the date of discharge	77430
from the armed forces. Any license deposited with the commission	77431
shall be subject to this chapter. Any licensee whose license is on	77432
deposit under this division and who fails to meet the continuing	77433
education requirements of section 4735.141 of the Revised Code	77434
because the licensee is in the armed forces shall satisfy the	77435
commission that the licensee has complied with the continuing	77436
education requirements within twelve months of the licensee's	77437
discharge. The commission shall notify the licensee of the	77438
licensee's obligations under section 4735.141 of the Revised Code	77439
at the time the licensee applies for reactivation of the	77440
licensee's license.	77441

(H) If a licensed real estate salesperson submits an	77442
application to the superintendent to leave the association of one	77443
broker to associate with a different broker, the broker possessing	77444
the licensee's license need not return the salesperson's license	77445
to the superintendent. The superintendent may process the	77446
application regardless of whether the licensee's license is	77447
returned to the superintendent.	77448

Sec. 4735.15. (A) The fees for reactivation or transfer of	77449
a license shall be as follows:	77450

(1) Reactivation or transfer of a broker's license into or	77451
out of a partnership, association, limited liability company,	77452
limited liability partnership, or corporation or from one	77453
partnership, association, limited liability company, limited	77454
liability partnership, or corporation to another partnership,	77455
association, limited liability company, limited liability	77456
partnership, or corporation, twenty-five dollars. An application	77457
for such transfer shall be made to the superintendent of real	77458
estate on forms provided by the superintendent.	77459

(2) Reactivation or transfer of a license by a real estate	77460
salesperson, ~~twenty~~twenty-five dollars.	77461

(B) Except as may otherwise be specified pursuant to division	77462
(F) of this section, the nonrefundable fees for a branch office	77463
license, license renewal, late filing, and foreign real estate	77464
dealer and salesperson license are as follows per year for each	77465
year of a licensing period:	77466

(1) Branch office license, ~~eight~~fifteen dollars;

77467

(2) Renewal of a real estate broker's license, ~~forty-nine~~	77468
sixty dollars. If the licensee is a partnership, association,	77469
limited liability company, limited liability partnership, or	77470
corporation, the full broker's renewal fee shall be required for	77471
each member of such partnership, association, limited liability	77472
company, limited liability partnership, or corporation that is a	77473
real estate broker. If the real estate broker has not less than	77474
eleven nor more than twenty real estate salespersons associated	77475
with the broker, an additional fee of sixty-four dollars shall be	77476
assessed to the brokerage. For every additional ten real estate	77477
salespersons or fraction of that number, the brokerage assessment	77478
fee shall be increased in the amount of thirty-seven dollars.	77479

(3) Renewal of a real estate salesperson's license,	77480
~~thirty-nine~~forty-five dollars;	77481

(4) Renewal of a real estate broker's or salesperson's	77482
license filed within twelve months after the licensee's renewal	77483
date, an additional late filing penalty of fifty per cent of the	77484
required fee;	77485

(5) Foreign real estate dealer's license and each renewal of	77486
the license, thirty dollars per salesperson employed by the	77487
dealer, but not less than one hundred fifty dollars;	77488

(6) Foreign real estate salesperson's license and each	77489
renewal of the license, fifty dollars.	77490

(C) All fees collected under this section shall be paid to	77491
the treasurer of state. ~~Four dollars~~One dollar of each such fee	77492
shall be credited to the real estate education and research fund,	77493
except that for fees that are assessed only once every three	77494
years, ~~twelve~~three dollars of each triennial fee shall be	77495
credited to the real estate education and research fund.	77496

(D) In all cases, the fee and any penalty shall accompany the	77497
application for the license, license transfer, or license	77498
reactivation or shall accompany the filing of the renewal.	77499

(E) The commission may establish by rule reasonable fees for	77500
services not otherwise established by this chapter.	77501

(F) The commission may adopt rules that provide for a	77502
reduction in the fees established in divisions (B)(2) and (3) of	77503
this section.	77504

Sec. 4740.03. (A) The administrative section of the Ohio	77505
construction industry licensing board annually shall elect from	77506
among its members a chairperson and other officers as the board,	77507
by rule, designates. The chairperson shall preside over meetings	77508
of the administrative section or designate another member to	77509
preside in the chairperson's absence. The administrative section	77510
shall hold at least two regular meetings each year, but may meet	77511
at additional times as specified by rule, at the call of the	77512
chairperson, or upon the request of two or more members. A	77513
majority of the members of the administrative section constitutes	77514
a quorum for the transaction of all business. The administrative	77515
section may not take any action without the concurrence of at	77516
least three of its members.	77517

(B)(1) The administrative section shall employ a secretary,	77518
who is not a member of the board, to serve at the pleasure of the	77519
administrative section, and shall fix the compensation of the	77520
secretary. The secretary shall be in the unclassified civil	77521
service of the state.	77522

(2) The secretary shall do all of the following:

77523

(a) Keep or set standards for and delegate to another person	77524
the keeping of the minutes, books, and other records and files of	77525
the board and each section of the board;	77526

(b) Issue all licenses in the name of the board;

77527

(c) Send out all notices, including advance notices of	77528
meetings of the board and each section of the board, and attend to	77529
all correspondence of the board and each section of the board,	77530
under the direction of the administrative section;	77531

(d) Receive and deposit all fees payable pursuant to this	77532
chapter into the ~~industrial compliance~~labor operating fund	77533
created pursuant to section 121.084 of the Revised Code;	77534

(e) Perform all other duties incidental to the office of the	77535
secretary or properly assigned to the secretary by the	77536
administrative section of the board.	77537

(3) Before entering upon the discharge of the duties of the	77538
secretary, the secretary shall file with the treasurer of state a	77539
bond in the sum of five thousand dollars, payable to the state, to	77540
ensure the faithful performance of the secretary's duties. The	77541
board shall pay the premium of the bond in the same manner as it	77542
pays other expenditures of the board.	77543

(C) Upon the request of the administrative section of the	77544
board, the director of commerce shall supply the board and its	77545
sections with personnel, office space, and supplies, as the	77546
director determines appropriate. The administrative section of the	77547
board shall employ any additional staff it considers necessary and	77548
appropriate.	77549

(D) The chairperson of the board or the secretary, or both,	77550
as authorized by the board, shall approve all vouchers of the	77551
board.	77552

Sec. 4740.11. The Ohio construction industry licensing board	77553
and its sections shall deposit all receipts and fines collected	77554
under this chapter into the state treasury to the credit of the	77555
~~industrial compliance~~labor operating fund created in section	77556
121.084 of the Revised Code.	77557

Sec. 4740.14. (A) There is hereby created within the	77558
department of commerce the residential construction advisory	77559
committee consisting of nine persons the director of commerce	77560
appoints. Of the advisory committee's members, three shall be	77561
general contractors who have recognized ability and experience in	77562
the construction of residential buildings, two shall be building	77563
officials who have experience administering and enforcing a	77564
residential building code, one, chosen from a list of three names	77565
the Ohio fire chief's association submits, shall be from the fire	77566
service certified as a fire safety inspector who has at least ten	77567
years of experience enforcing fire or building codes, one shall be	77568
a residential contractor who has recognized ability and experience	77569
in the remodeling and construction of residential buildings, one	77570
shall be an architect registered pursuant to Chapter 4703. of the	77571
Revised Code, with recognized ability and experience in the	77572
architecture of residential buildings, and one, chosen from a list	77573
of three names the Ohio municipal league submits to the director,	77574
shall be a mayor of a municipal corporation in which the Ohio	77575
residential building code is being enforced in the municipal	77576
corporation by a certified building department.	77577

(B) The director shall make appointments to the advisory	77578
committee within ninety days after May 27, 2005. Terms of office	77579
shall be for three years, with each term ending on the date three	77580
years after the date of appointment. Each member shall hold office	77581
from the date of appointment until the end of the term for which	77582
the member was appointed. The director shall fill a vacancy in the	77583
manner provided for initial appointments. Any member appointed to	77584
fill a vacancy in an unexpired term shall hold office for the	77585
remainder of that term.	77586

77587

(1) Recommend to the board of building standards a building	77588
code for residential buildings. The committee shall recommend a	77589
code that it models on a residential building code a national	77590
model code organization issues, with adaptations necessary to	77591
implement the code in this state. If the board of building	77592
standards decides not to adopt a code the committee recommends,	77593
the committee shall revise the code and resubmit it until the	77594
board adopts a code the committee recommends as the state	77595
residential building code;	77596

(2) Advise the board regarding the establishment of standards	77597
for certification of building officials who enforce the state	77598
residential building code;	77599

(3) Assist the board in providing information and guidance to	77600
residential contractors and building officials who enforce the	77601
state residential building code;	77602

(4) Advise the board regarding the interpretation of the	77603
state residential building code;	77604

(5) Provide other assistance the committee considers	77605
necessary.	77606

(D) In making its recommendation to the board pursuant to	77607
division (C)(1) of this section, the advisory committee shall	77608
consider all of the following:	77609

(1) The impact that the state residential building code may	77610
have upon the health, safety, and welfare of the public;	77611

(2) The economic reasonableness of the residential building	77612
code;	77613

(3) The technical feasibility of the residential building	77614
code;	77615

(4) The financial impact that the residential building code	77616
may have on the public's ability to purchase affordable housing.	77617

(E) Members of the advisory committee shall receive no salary	77618
for the performance of their duties as members, but shall receive	77619
their actual and necessary expenses incurred in the performance of	77620
their duties as members of the advisory committee and shall	77621
receive a per diem for each day in attendance at an official	77622
meeting of the committee, to be paid from the ~~industrial~~	77623
~~compliance~~labor operating fund in the state treasury, using fees	77624
collected in connection with residential buildings pursuant to	77625
division (F)(2) of section 3781.102 of the Revised Code and	77626
deposited in that fund.	77627

(F) The advisory committee is not subject to divisions (A)	77628
and (B) of section 101.84 of the Revised Code.	77629

Sec. 4741.41. There is hereby created the veterinarian loan	77630
repayment program. Under the program, the ~~Ohio board of regents~~	77631
state veterinary medical licensing board, by means of a contract	77632
entered into under section 4741.44 of the Revised Code, may agree	77633
to repay all or part of the principal and interest of a government	77634
or other educational loan taken out by a veterinarian for the	77635
following expenses if the expenses were incurred while the	77636
veterinarian was enrolled, for a maximum of four years, in a	77637
veterinary college in the United States that, during the time of	77638
enrollment, was approved by the ~~state veterinary medical licensing~~	77639
board or accredited by the American veterinary medical	77640
association:	77641

(A) Tuition;

77642

(B) Other educational expenses, such as fees, books, and	77643
laboratory expenses, for specific purposes and in amounts	77644
determined to be reasonable by the ~~state veterinary medical~~	77645
~~licensing~~ board;	77646

(C) Room and board, in an amount determined to be reasonable	77647
by the ~~state veterinary medical licensing~~ board.	77648

No repayment shall exceed twenty thousand dollars in any	77649
year. If, however, a repayment results in an increase in the	77650
veterinarian's federal, state, or local income tax liability, the	77651
~~Ohio board of regents~~board, at the veterinarian's request ~~and~~	77652
~~with the approval of the state veterinary medical licensing board~~,	77653
may reimburse the veterinarian for the increased tax liability	77654
regardless of the amount of the repayment made to the veterinarian	77655
in that year.	77656

Sec. 4741.44. (A) A veterinarian who has signed a letter of	77657
intent under section 4741.43 of the Revised Code,and the state	77658
veterinary medical licensing board~~, and the Ohio board of regents~~	77659
may enter into a contract for the veterinarian's participation in	77660
the veterinarian loan repayment program. A lending institution	77661
also may be a party to the contract.	77662

(B) The contract shall include all of the following	77663
obligations:	77664

(1) The veterinarian agrees to provide large animal	77665
veterinary services or to provide veterinary services necessary to	77666
implement or enforce the law or to protect public health, as	77667
applicable, in a veterinary resource shortage area identified in	77668
the letter of intent for at least two years or one year per ten	77669
thousand dollars of repayment agreed to under division (B)(3) of	77670
this section, whichever is greater.	77671

(2) When providing veterinary services in the veterinary	77672
resource shortage area, the veterinarian agrees to do both of the	77673
following:	77674

(a) Provide veterinary services for a minimum of forty hours	77675
per week;	77676

(b) Devote not less than sixty per cent of total monthly	77677
veterinary services to large animal veterinary services or	77678
veterinary services necessary to implement or enforce the law or	77679
to protect public health, as applicable.	77680

(3) The ~~Ohio board of regents~~state veterinary medical	77681
licensing board agrees, as provided in section 4741.41 of the	77682
Revised Code, to repay, so long as the veterinarian performs the	77683
service obligation agreed to under division (B)(1) of this	77684
section, all or part of the principal and interest of a government	77685
or other educational loan taken by the veterinarian for expenses	77686
described in section 4741.41 of the Revised Code.	77687

(4) The veterinarian agrees to pay the ~~Ohio board of regents~~	77688
state veterinary medical licensing board the following as damages	77689
if the veterinarian fails to complete the service obligation	77690
agreed to under division (B)(1) of this section:	77691

(a) If the failure occurs during the first two years of the	77692
service obligation, two times the total amount the board has	77693
agreed to pay under division (B)(3) of this section;	77694

(b) If the failure occurs after the first two years of the	77695
service obligation, two times the total amount the board is still	77696
obligated to repay under division (B)(3) of this section.	77697

(C) The contract may include any other terms agreed upon by	77698
the parties, including an assignment to the ~~Ohio board of regents~~	77699
state veterinary medical licensing board of the veterinarian's	77700
duty to pay the principal and interest of a government or other	77701
educational loan taken by the veterinarian for expenses described	77702
in section 4741.41 of the Revised Code. If the ~~Ohio board of~~	77703
~~regents~~state veterinary medical licensing board assumes the	77704
veterinarian's duty to pay a loan, the contract shall set forth	77705
the total amount of principal and interest to be paid, an	77706
amortization schedule, and the amount of each payment to be made	77707
under the schedule.	77708

(D) Not later than the thirty-first day of January each year,	77709
the ~~Ohio board of regents~~board shall mail to each veterinarian	77710
to whom or on whose behalf repayment is made under section	77711
4741.41 of the Revised Code a statement showing the amount of	77712
principal and interest repaid by the ~~Ohio board of regents~~board	77713
in the preceding year pursuant to the contract. The statement	77714
shall be sent by ordinary mail with address correction and	77715
forwarding requested in the manner prescribed by the United	77716
States postal service.	77717

Sec. 4741.45. The state veterinary medical licensing board,	77718
in accordance with Chapter 119. of the Revised Code, shall adopt	77719
rules that do all of the following:	77720

(A) Define "large animal veterinary services," "veterinary	77721
services necessary to implement or enforce the law," and	77722
"veterinary services necessary to protect public health";	77723

(B) Designate veterinary resource shortage areas comprised of	77724
areas in this state that have limited access to each of the	77725
following:	77726

(1) Large animal veterinary services;

77727

(2) Veterinary services necessary to implement or enforce the	77728
law;	77729

(3) Veterinary services necessary to protect public health.

77730

The designations may apply to a geographic area, one or more	77731
facilities within a particular area, or a population group of	77732
animals within a particular area.	77733

(C) Establish priorities among veterinary resource shortage	77734
areas for use in recruiting veterinarians under the veterinarian	77735
loan repayment program;	77736

(D) Establish priorities for use in determining eligibility	77737
among applicants for participation in the veterinarian loan	77738
repayment program;	77739

(E) Establish any other requirement or procedure that is	77740
necessary to implement and administer sections 4741.40 to 4741.47	77741
of the Revised Code.	77742

In adopting the rules, the board shall consult with the state	77743
veterinarian ~~and the Ohio board of regents~~.	77744

Sec. 4741.46. (A) The state veterinary medical licensing	77745
board may accept gifts of money from any source for the	77746
implementation and administration of sections 4741.40 to 4741.45	77747
of the Revised Code. The board shall deposit all gifts so accepted	77748
into the state treasury to the credit of the veterinary resource	77749
shortage area fund, which is hereby created. The board shall use	77750
the fund for the implementation and administration of sections	77751
4741.40 to 4741.45 of the Revised Code.	77752

(B) The ~~Ohio board of regents~~board may accept gifts of money	77753
from any source for the ~~implementation and administration of~~	77754
~~sections~~purposes of providing loans under the veterinarian loan	77755
repayment program created in section 4741.41 ~~and 4741.44~~ of the	77756
Revised Code. The board shall deposit all gifts so accepted	77757
together with all damages collected under division (B)(4) of	77758
section 4741.44 of the Revised Code into the state treasury to the	77759
credit of the veterinarian loan repayment fund, which is hereby	77760
created. The fund also shall consist of the portion of biennial	77761
renewal fees that is credited to the fund under section 4741.17 of	77762
the Revised Code. The board shall use the fund for the	77763
implementation and administration of the veterinarian loan	77764
repayment program ~~created in section 4741.41 of the Revised Code~~.	77765

Sec. 4755.06. The occupational therapy section of the Ohio	77766
occupational therapy, physical therapy, and athletic trainers	77767
board may make reasonable rules in accordance with Chapter 119. of	77768
the Revised Code relating to, but not limited to, the following:	77769

(A) The form and manner for filing applications for licensure	77770
under sections 4755.04 to 4755.13 of the Revised Code;	77771

(B) The issuance, suspension, and revocation of the	77772
licenses and the conducting of investigations and hearings;	77773

(C) Standards for approval of courses of study relative to	77774
the practice of occupational therapy;	77775

(D) The time and form of examination for the licensure;

77776

(E) Standards of ethical conduct in the practice of	77777
occupational therapy;	77778

(F) The form and manner for filing applications for renewal	77779
and a schedule of deadlines for renewal;	77780

(G) ~~Late fees and the~~The conditions under which a license of	77781
a licensee who files a late application for renewal will be	77782
reinstated;	77783

(H) Placing an existing license in escrow;

77784

(I) The amount, scope, and nature of continuing education	77785
activities required for license renewal, including waivers ~~and the~~	77786
~~establishment of appropriate fees to be charged for the~~	77787
~~administrative costs associated with the review~~ of the continuing	77788
education ~~activities~~requirements;	77789

(J) ~~Limited permit guidelines~~Guidelines for limited permits;

77790

(K) Requirements for criminal records checks of applicants	77791
under section 4776.03 of the Revised Code;	77792

(L) The amounts to be charged for the fees specified in	77793
section 4755.12 of the Revised Code;	77794

(M) The establishment of fees under division (A)(9) of	77795
section 4755.12 of the Revised Code and the amounts to be charged	77796
for the fees.	77797

The section may hear testimony in matters relating to the	77798
duties imposed upon it, and the chairperson and secretary of the	77799
section may administer oaths. The section may require proof,	77800
beyond the evidence found in the application, of the honesty,	77801
truthfulness, and good reputation of any person named in an	77802
application for ~~such~~ licensure, before admitting the applicant to	77803
an examination or issuing a license.	77804

Sec. 4755.12. (A) The occupational therapy section of the	77805
Ohio occupational therapy, physical therapy, and athletic trainers	77806
board shall charge aall of the following fees:	77807

(1) A nonrefundable examination fee, ~~established pursuant to~~	77808
~~section 4755.03 of the Revised Code,~~ which is to be paid at the	77809
time of application for licensure.	77810

~~The section shall charge an~~;

77811

(2) An application fee for an initial license;

77812

(3) An initial licensure fee~~, established pursuant to section~~	77813
~~4755.03 of the Revised Code.~~	77814

~~The section shall charge a~~;

77815

(4) A fee for biennial renewal ~~fee and shall charge a~~of a	77816
license;	77817

(5) A fee for late renewal of a license;

77818

(6) An appropriate fee for the administrative costs	77819
associated with the review of continuing education activities;	77820

(7) A fee for a limited permit~~, established pursuant to~~;

77821

(8) A fee for verification of a license;

77822

(9) Any other fee the occupational therapy section considers	77823
appropriate and establishes in rules adopted under section ~~4755.03~~	77824
4755.06 of the Revised Code.	77825

(B) Any person who is qualified to practice occupational	77826
therapy as certified by the section, but who is not in the active	77827
practice, as defined by section rule, may register with the	77828
section as a nonactive licensee at a biennial fee~~, established~~	77829
~~pursuant to section 4755.03 of the Revised Code~~.	77830

(C) The section may, by rule, provide for the waiver of all	77831
or part of a fee when the license is issued less than one hundred	77832
days before the date on which it will expire.	77833

(D) Except when all or part of a fee is waived under division	77834
(C) of this section, the amount charged by the occupational	77835
therapy section for each of its fees shall be the applicable	77836
amount determined in rules adopted under section 4755.06 of the	77837
Revised Code.	77838

Sec. 4757.10. The counselor, social worker, and marriage and	77839
family therapist board may adopt any rules necessary to carry out	77840
this chapter.	77841

The board shall adopt rules that do all of the following:

77842

(A) Concern intervention for and treatment of any impaired	77843
person holding a license or certificate of registration issued	77844
under this chapter;	77845

(B) Establish standards for training and experience of	77846
supervisors described in division (C) of section 4757.30 of the	77847
Revised Code;	77848

(C) Define the requirement that an applicant be of good moral	77849
character in order to be licensed or registered under this	77850
chapter;	77851

(D) Establish requirements for criminal records checks of	77852
applicants under section 4776.03 of the Revised Code;	77853

(E) Establish a graduated system of fines based on the scope	77854
and severity of violations and the history of compliance, not to	77855
exceed five hundred dollars per incident, that any professional	77856
standards committee of the board may charge for a disciplinary	77857
violation described in section 4757.36 of the Revised Code.	77858

All rules adopted under this section shall be adopted in	77859
accordance with Chapter 119. of the Revised Code. When it adopts	77860
rules under this section or any other section of this chapter, the	77861
board may consider standards established by any national	77862
association or other organization representing the interests of	77863
those involved in professional counseling, social work, or	77864
marriage and family therapy.	77865

Sec. 4757.31. (A) Subject to division (B) of this section,	77866
the counselor, social worker, and marriage and family therapist	77867
board shall establish, and may from time to time adjust, fees to	77868
be charged for the following:	77869

(1) Examination for licensure as a professional clinical	77870
counselor, professional counselor, marriage and family therapist,	77871
independent marriage and family therapist, social worker, or	77872
independent social worker;	77873

(2) Initial licenses of professional clinical counselors,	77874
professional counselors, marriage and family therapists,	77875
independent marriage and family therapists, social workers, and	77876
independent social workers, except that the board shall charge	77877
only one fee to a person who fulfills all requirements for more	77878
than one of the following initial licenses: an initial license as	77879
a social worker or independent social worker, an initial license	77880
as a professional counselor or professional clinical counselor,	77881
and an initial license as a marriage and family therapist or	77882
independent marriage and family therapist;	77883

(3) Initial certificates of registration of social work	77884
assistants;	77885

(4) Renewal and late renewal of licenses of professional	77886
clinical counselors, professional counselors, marriage and family	77887
therapists, independent marriage and family therapists, social	77888
workers, and independent social workers and renewal and late	77889
renewal of certificates of registration of social work assistants;	77890

(5) Verification, to another jurisdiction, of a license or	77891
registration issued by the board;	77892

(6) Continuing education programs offered by the board to	77893
licensees or registrants.	77894

(B) The fees charged under division (A)(1) of this section	77895
shall be established in amounts sufficient to cover the direct	77896
expenses incurred in examining applicants for licensure. The fees	77897
charged under divisions (A)(2)~~, (3), and (4)~~to (6) of this	77898
section shall be nonrefundable and shall be established in amounts	77899
sufficient to cover the necessary expenses in administering this	77900
chapter and rules adopted under it that are not covered by fees	77901
charged under division (A)(1) or (C) of this section. The renewal	77902
fee for a license or certificate of registration shall not be less	77903
than the initial fee for that license or certificate. The fees	77904
charged for licensure and registration and the renewal of	77905
licensure and registration may differ for the various types of	77906
licensure and registration, but shall not exceed one hundred	77907
twenty-five dollars each, unless the board determines that amounts	77908
in excess of one hundred twenty-five dollars are needed to cover	77909
its necessary expenses in administering this chapter and rules	77910
adopted under it and the amounts in excess of one hundred	77911
twenty-five dollars are approved by the controlling board.	77912

(C) All receipts of the board shall be deposited in the state	77913
treasury to the credit of the occupational licensing and	77914
regulatory fund. All vouchers of the board shall be approved by	77915
the chairperson or executive director of the board, or both, as	77916
authorized by the board.	77917

Sec. 4757.36. (A) The appropriate professional standards	77918
~~committees~~committee of the counselor, social worker, and marriage	77919
and family therapist board may, in accordance with Chapter 119. of	77920
the Revised Code, ~~may refuse to issue a license or certificate of~~	77921
~~registration applied for under this chapter; refuse to renew a~~	77922
~~license or certificate of registration issued under this chapter;~~	77923
~~suspend, revoke, or otherwise restrict a license or certificate of~~	77924
~~registration issued under this chapter; or reprimand a person~~	77925
~~holding a license or certificate of registration issued under this~~	77926
~~chapter. Such actions may be taken by the appropriate committee if~~	77927
~~the applicant for a license or certificate of registration or the~~	77928
~~person holding a license or certificate of registration has~~take	77929
any action specified in division (B) of this section against an	77930
individual who has applied for or holds a license to practice as a	77931
professional clinical counselor, professional counselor,	77932
independent marriage and family therapist, marriage and family	77933
therapist, social worker, or independent social worker, or a	77934
certificate of registration to practice as a social work	77935
assistant, for any reason described in division (C) of this	77936
section.	77937

(B) In its imposition of sanctions against an individual, the	77938
board may do any of the following:	77939

(1) Refuse to issue a license or certificate of registration;

77940

(2) Suspend, revoke, or otherwise restrict a license or	77941
certificate of registration;	77942

(3) Reprimand an individual holding a license or certificate	77943
of registration;	77944

(4) Impose a fine in accordance with the graduated system of	77945
fines established by the board in rules adopted under section	77946
4757.10 of the Revised Code.	77947

(C) The appropriate professional standards committee of the	77948
board may take an action specified in division (B) of this section	77949
for any of the following reasons:	77950

(1) ~~Committed a violation of~~Commission of an act that	77951
violates any provision of this chapter or rules adopted under it;	77952

(2) Knowingly ~~made~~making a false statement on an application	77953
for licensure or registration, or for renewal of a license or	77954
certificate of registration;	77955

(3) ~~Accepted~~Accepting a commission or rebate for referring	77956
persons to any professionals licensed, certified, or registered by	77957
any court or board, commission, department, division, or other	77958
agency of the state, including, but not limited to, individuals	77959
practicing counseling, social work, or marriage and family therapy	77960
or practicing in fields related to counseling, social work, or	77961
marriage and family therapy;	77962

(4) ~~Failed~~A failure to comply with section 4757.12 of the	77963
Revised Code;	77964

(5) ~~Been convicted~~A conviction in this or any other state	77965
of ~~any~~a crime that is a felony in this state;	77966

(6) ~~Had the ability~~A failure to perform properly as a	77967
professional clinical counselor, professional counselor,	77968
independent marriage and family therapist, marriage and family	77969
therapist, social work assistant, social worker, or independent	77970
social worker ~~impaired~~ due to the use of alcohol or other drugs or	77971
any other physical or mental condition;	77972

(7) ~~Been convicted~~A conviction in this state or in any other	77973
state of a misdemeanor committed in the course of practice as a	77974
professional clinical counselor, professional counselor,	77975
independent marriage and family therapist, marriage and family	77976
therapist, social work assistant, social worker, or independent	77977
social worker;	77978

(8) ~~Practiced~~Practicing outside the scope of practice	77979
applicable to that person;	77980

(9) ~~Practiced without complying with~~Practicing in violation	77981
of the supervision requirements specified under sections 4757.21	77982
and 4757.26, and division (F) of section 4757.30, of the Revised	77983
Code;	77984

(10) ~~Violated~~A violation of the person's code of ethical	77985
practice adopted by rule of the board pursuant to section 4757.11	77986
of the Revised Code;	77987

(11) ~~Had~~Revocation or suspension of a license or certificate	77988
of registration ~~revoked or suspended~~, or ~~voluntarily surrendered~~	77989
the voluntary surrender of a license or certificate of	77990
registration in another state or jurisdiction for an offense that	77991
would be a violation of this chapter.	77992

~~(B)~~(D) One year or more after the date of suspension or	77993
revocation of a license or certificate of registration under this	77994
section, application may be made to the appropriate professional	77995
standards committee for reinstatement. The committee may accept or	77996
refuse an application for reinstatement. If a license has been	77997
suspended or revoked, the committee may require an examination for	77998
reinstatement.	77999

(E) On request of the board, the attorney general shall bring	78000
and prosecute to judgment a civil action to collect any fine	78001
imposed under division (B)(4) of this section that remains unpaid.	78002

(F) All fines collected under division (B)(4) of this section	78003
shall be deposited into the state treasury to the credit of the	78004
occupational licensing and regulatory fund.	78005

Sec. 4763.01. As used in this chapter:

78006

(A) "Real estate appraisal" or "appraisal" means an analysis,	78007
opinion, or conclusion relating to the nature, quality, value, or	78008
utility of specified interests in, or aspects of identified real	78009
estate that is classified as either a valuation or an analysis.	78010

(B) "Valuation" means an estimate of the value of real	78011
estate.	78012

(C) "Analysis" means a study of real estate for purposes	78013
other than valuation.	78014

(D) "Appraisal report" means a written communication of a	78015
real estate appraisal, appraisal review, or appraisal consulting	78016
service or an oral communication of a real estate appraisal	78017
~~accompanied~~, appraisal review, or appraisal consulting service	78018
that is documented by a writing that supports the oral	78019
communication.	78020

(E) "Appraisal assignment" means an engagement for which a	78021
person licensed or certified under this chapter is employed or,	78022
retained, or engaged to act, or would be perceived by third	78023
parties or the public as acting, as a disinterested third party in	78024
rendering an unbiased real estate appraisal.	78025

(F) "Specialized services" means all appraisal services,	78026
other than appraisal assignments, including, but not limited to,	78027
valuation and analysis given in connection with activities such as	78028
real estate brokerage, mortgage banking, real estate counseling,	78029
and real estate tax counseling, and specialized marketing,	78030
financing, and feasibility studies.	78031

(G) "Real estate" has the same meaning as in section 4735.01	78032
of the Revised Code.	78033

(H) "Appraisal foundation" means a nonprofit corporation	78034
incorporated under the laws of the state of Illinois on November	78035
30, 1987, for the purposes of establishing and improving uniform	78036
appraisal standards by defining, issuing, and promoting those	78037
standards; establishing appropriate criteria for the certification	78038
and recertification of qualified appraisers by defining, issuing,	78039
and promoting the qualification criteria and disseminating the	78040
qualification criteria to others; and developing or assisting in	78041
development of appropriate examinations for qualified appraisers.	78042

(I) "Prepare" means to develop and communicate, whether	78043
through a personal physical inspection or through the act or	78044
process of critically studying a report prepared by another who	78045
made the physical inspection, an appraisal, analysis, or opinion,	78046
or specialized service and to report the results. If the person	78047
who develops and communicates the appraisal or specialized service	78048
does not make the personal inspection, the name of the person who	78049
does make the personal inspection shall be identified on the	78050
appraisal or specialized service reported.	78051

(J) "Report" means any communication, written, oral, or by	78052
any other means of transmission of information, of a real estate	78053
appraisal, appraisal review, appraisal consulting service, or	78054
specialized service that is transmitted to a client or employer	78055
upon completion of the appraisal or service.	78056

(K) "State-certified general real estate appraiser" means any	78057
person who satisfies the certification requirements of this	78058
chapter relating to the appraisal of all types of real property	78059
and who holds a current and valid certificate or renewal	78060
certificate issued to the person pursuant to this chapter.	78061

(L) "State-certified residential real estate appraiser" means	78062
any person who satisfies the certification requirements only	78063
relating to the appraisal of one to four units of single-family	78064
residential real estate without regard to transaction value or	78065
complexity and who holds a current and valid certificate or	78066
renewal certificate issued to the person pursuant to this chapter.	78067

(M) "State-licensed residential real estate appraiser" means	78068
any person who satisfies the licensure requirements of this	78069
chapter relating to the appraisal of noncomplex one-to-four unit	78070
single-family residential real estate having a transaction value	78071
of less than one million dollars and complex one-to-four unit	78072
single-family residential real estate having a transaction value	78073
of less than two hundred fifty thousand dollars and who holds a	78074
current and valid license or renewal license issued to the person	78075
pursuant to this chapter.	78076

(N) "Certified or licensed real estate appraisal" means an	78077
appraisal prepared and reported by a certificate holder or	78078
licensee under this chapter acting within the scope of	78079
certification or licensure and as a disinterested third party.	78080

(O) "State-registered real estate appraiser assistant" means	78081
any person, other than a state-certified general real estate	78082
appraiser, state-certified residential real estate appraiser, or a	78083
state-licensed residential real estate appraiser, who satisfies	78084
the registration requirements of this chapter for participating in	78085
the development and preparation of real estate appraisals and who	78086
holds a current and valid registration or renewal registration	78087
issued to the person pursuant to this chapter.	78088

(P) "Institution of higher education" means a state	78089
university or college, a private college or university located in	78090
this state that possesses a certificate of authorization issued by	78091
the Ohio board of regents pursuant to Chapter 1713. of the Revised	78092
Code, or an accredited college or university located outside this	78093
state that is accredited by an accrediting organization or	78094
professional accrediting association recognized by the Ohio board	78095
of regents.	78096

(Q) "Division of real estate" may be used interchangeably	78097
with, and for all purposes has the same meaning as, "division of	78098
real estate and professional licensing."	78099

(R) "Superintendent" or "superintendent of real estate" means	78100
the superintendent of the division of real estate and professional	78101
licensing of this state. Whenever the division or superintendent	78102
of real estate is referred to or designated in any statute, rule,	78103
contract, or other document, the reference or designation shall be	78104
deemed to refer to the division or superintendent of real estate	78105
and professional licensing, as the case may be.	78106

(S) "Appraisal review" means the act or process of developing	78107
and communicating an opinion about the quality of another	78108
appraiser's work that was performed as part of an appraisal,	78109
appraisal review, or appraisal consulting assignment.	78110

(T) "Appraisal consulting" means the act or process of	78111
developing an analysis, recommendation, or opinion to solve a	78112
problem related to real estate.	78113

(U) "Work file" means documentation used during the	78114
preparation of an appraisal report or necessary to support an	78115
appraiser's analyses, opinions, or conclusions.	78116

Sec. 4763.03. (A) In addition to any other duties imposed on	78117
the real estate appraiser board under this chapter, the board	78118
shall:	78119

(1) Adopt rules, in accordance with Chapter 119. of the	78120
Revised Code, in furtherance of this chapter, including, but not	78121
limited to, all of the following:	78122

(a) Defining, with respect to state-certified general real	78123
estate appraisers, state-certified residential real estate	78124
appraisers, and state-licensed residential real estate appraisers,	78125
the type of educational experience, appraisal experience, and	78126
other equivalent experience that satisfy the requirements of this	78127
chapter. The rules shall require that all appraisal experience	78128
performed after January 1, 1996, meet the uniform standards of	78129
professional practice established by the appraisal foundation.	78130

(b) Establishing the examination specifications for	78131
state-certified general real estate appraisers, state-certified	78132
residential real estate appraisers, and state-licensed residential	78133
real estate appraisers;	78134

(c) Relating to disciplinary proceedings conducted in	78135
accordance with section 4763.11 of the Revised Code, including	78136
rules governing the reinstatement of certificates, registrations,	78137
and licenses that have been suspended pursuant to those	78138
proceedings;	78139

(d) Identifying any additional information to be included on	78140
the forms specified in division (C) of section 4763.12 of the	78141
Revised Code, provided that the rules shall not require any less	78142
information than is required in that division;	78143

(e) Establishing the fees set forth in section 4763.09 of the	78144
Revised Code;	78145

(f) Establishing the amount of the assessment required by	78146
division (A)(2) of section 4763.05 of the Revised Code. The board	78147
annually shall determine the amount due from each applicant for an	78148
initial certificate, registration, and license in an amount that	78149
will maintain the real estate appraiser recovery fund at the level	78150
specified in division (A) of section 4763.16 of the Revised Code.	78151
The board may, if the fund falls below that amount, require	78152
current certificate holders, registrants, and licensees to pay an	78153
additional assessment.	78154

(g) Defining the educational requirements pursuant to	78155
division (C) of section 4763.05 of the Revised Code;	78156

(h) Establishing a real estate appraiser assistant program	78157
for the registration of real estate appraiser assistants.	78158

(2) Prescribe by rule the requirements for the examinations	78159
required by division (D) of section 4763.05 of the Revised Code;	78160

(3) Periodically review the standards for ~~preparation and~~	78161
~~reporting of real estate appraisals~~the development and reporting	78162
of appraisal reports provided in this chapter and adopt rules	78163
explaining and interpreting those standards;	78164

(4) Hear appeals, pursuant to Chapter 119. of the Revised	78165
Code, from decisions and orders the superintendent of real estate	78166
issues pursuant to this chapter;	78167

(5) Request the initiation by the superintendent of	78168
investigations of violations of this chapter or the rules adopted	78169
pursuant thereto, as the board determines appropriate;	78170

(6) Determine the appropriate disciplinary actions to be	78171
taken against certificate holders, registrants, and licensees	78172
under this chapter as provided in section 4763.11 of the Revised	78173
Code.	78174

(B) In addition to any other duties imposed on the	78175
superintendent of real estate under this chapter, the	78176
superintendent shall:	78177

(1) Prescribe the form and content of all applications	78178
required by this chapter;	78179

(2) Receive applications for certifications, registrations,	78180
and licenses and renewal thereof under this chapter and establish	78181
the procedures for processing, approving, and disapproving those	78182
applications;	78183

(3) Retain records and all application materials submitted to	78184
the superintendent;	78185

(4) Establish the time and place for conducting the	78186
examinations required by division (D) of section 4763.05 of the	78187
Revised Code;	78188

(5) Issue certificates, registrations, and licenses and	78189
maintain a register of the names and addresses of all persons	78190
issued a certificate, registration, or license under this chapter;	78191

(6) Perform any other functions and duties, including the	78192
employment of staff, necessary to administer this chapter;	78193

(7) Administer this chapter;

78194

(8) Issue all orders necessary to implement this chapter;

78195

(9) Investigate complaints, upon the superintendent's own	78196
motion or upon receipt of a complaint or upon a request of the	78197
board, concerning any violation of this chapter or the rules	78198
adopted pursuant thereto or the conduct of any person holding a	78199
certificate, registration, or license issued pursuant to this	78200
chapter;	78201

(10) Establish and maintain an investigation and audit	78202
section to investigate complaints and conduct inspections, audits,	78203
and other inquiries as in the judgment of the superintendent are	78204
appropriate to enforce this chapter. The investigators and	78205
auditors have the right to review and audit the business records	78206
of certificate holders, registrants, and licensees during normal	78207
business hours. The superintendent may utilize the investigators	78208
and auditors employed pursuant to division (B)(4) of section	78209
4735.05 of the Revised Code or currently licensed certificate	78210
holders or licensees to assist in performing the duties of this	78211
division.	78212

(11) Appoint a referee or examiner for any proceeding	78213
involving the ~~revocation or suspension of a certificate,~~	78214
~~registration, or license under section 3123.47 or~~disciplinary	78215
action of a certificate holder, licensee, or registrant under	78216
section 4763.11 of the Revised Code;	78217

(12) Administer the real estate appraiser recovery fund;

78218

(13) Conduct the examinations required by division (D) of	78219
section 4763.05 of the Revised Code at least four times per year.	78220

78221

(1) In connection with investigations and audits under	78222
division (B) of this section, subpoena witnesses as provided in	78223
section 4763.04 of the Revised Code;	78224

(2) Apply to the appropriate court to enjoin any violation of	78225
this chapter. Upon a showing by the superintendent that any person	78226
has violated or is about to violate this chapter, the court shall	78227
grant an injunction, restraining order, or other appropriate	78228
relief, or any combination thereof.	78229

(D) All information that is obtained by investigators and	78230
auditors performing investigations or conducting inspections,	78231
audits, and other inquiries pursuant to division (B)(10) of this	78232
section, from certificate holders, registrants, licensees,	78233
complainants, or other persons, and all reports, documents, and	78234
other work products that arise from that information and that are	78235
prepared by the investigators, auditors, or other personnel of the	78236
department of commerce, shall be held in confidence by the	78237
superintendent, the investigators and auditors, and other	78238
personnel of the department.	78239

(E) This section does not prevent the division of real estate	78240
and professional licensing from releasing information relating to	78241
certificate holders, registrants, and licensees to the	78242
superintendent of financial institutions for purposes relating to	78243
the administration of sections 1322.01 to 1322.12 of the Revised	78244
Code, to the superintendent of insurance for purposes relating to	78245
the administration of Chapter 3953. of the Revised Code, to the	78246
attorney general, or to local law enforcement agencies and local	78247
prosecutors. Information released by the division pursuant to this	78248
section remains confidential.	78249

(F) Any rule the board adopts shall not exceed the	78250
requirements specified in federal law or regulations.	78251

Sec. 4763.04. The real estate appraiser board or the	78252
superintendent orof real estate may compel, by order or subpoena,	78253
the attendance of witnesses to testify in relation to any matter	78254
over which the board or the superintendent has jurisdiction and	78255
which is the subject of the inquiry and investigation by the board	78256
or superintendent, and require the production of any book, paper,	78257
or document pertaining to such matter. For such purpose, the board	78258
or the superintendent has the same power as judges of county	78259
courts to administer oaths, compel the attendance of witnesses,	78260
and punish witnesses for refusal to testify. ~~Sheriffs and~~service	78261
of the subpoena may be made by constables or by certified mail,	78262
return receipt requested, and the subpoena shall be deemed served	78263
on the date delivery is made or the date the person refuses to	78264
accept delivery. Sheriffs or constables shall ~~serve and~~ return	78265
such process and shall receive the same fees for doing so as are	78266
allowed for like service if service of the subpoena is made by	78267
sheriffs or constables. Witnesses shall receive, after their	78268
appearance before the board or the superintendent, the fees and	78269
mileage provided for under section 119.094 of the Revised Code.	78270
If two or more witnesses travel together in the same vehicle,	78271
the mileage fee shall be paid to only one of those witnesses,	78272
but the witnesses may agree to divide the fee among themselves	78273
in any manner.	78274

In addition to the powers and duties granted to the board and	78275
the superintendent under this section, in case any person fails to	78276
file any statement or report, obey any subpoena, give testimony,	78277
answer questions, or produce books, records, or papers as required	78278
by the board or the superintendent under this chapter, the court	78279
of common pleas of any county in the state, upon application made	78280
to it by the board or the superintendent setting forth the	78281
failure, may make an order awarding process of subpoena or	78282
subpoena duces tecum for the person to appear and testify before	78283
the board or the superintendent, and may order any person to give	78284
testimony and answer questions, and to produce books, records, or	78285
papers, as required by the board or the superintendent. Upon the	78286
filing of such order in the office of the clerk of the court of	78287
common pleas, the clerk, under the seal of the court, shall issue	78288
process or subpoena, and each day thereafter until the examination	78289
of the person is completed. The subpoena may contain a direction	78290
that the witness bring with the witness to the examination any	78291
books, records, or papers mentioned in the subpoena. The clerk	78292
also shall issue, under the seal of the court, such other orders,	78293
in reference to the examination, appearance, and production of	78294
books, records, or papers, as the court directs. If any person	78295
summoned by subpoena fails to obey the subpoena, to give	78296
testimony, to answer questions as required, or to obey an order of	78297
the court, the court, on motion supported by proof, may order an	78298
attachment for contempt to be issued against the person charged	78299
with disobedience of any order or injunction issued by the court	78300
under this chapter. If the person is brought before the court by	78301
virtue of the attachment, and if upon a hearing the disobedience	78302
appears, the court may order the offender to be committed and kept	78303
in close custody.	78304

Sec. 4763.05. (A)(1)(a) A person shall make application for	78305
an initial state-certified general real estate appraiser	78306
certificate, an initial state-certified residential real estate	78307
appraiser certificate, an initial state-licensed residential real	78308
estate appraiser license, or an initial state-registered real	78309
estate appraiser assistant registration in writing to the	78310
superintendent of real estate on a form the superintendent	78311
prescribes. The application shall include the address of the	78312
applicant's principal place of business and all other addresses at	78313
which the applicant currently engages in the business of preparing	78314
real estate appraisals and the address of the applicant's current	78315
residence. The superintendent shall retain the applicant's current	78316
residence address in a separate record which shall not constitute	78317
a public record for purposes of section 149.03 of the Revised	78318
Code. The application shall indicate whether the applicant seeks	78319
certification as a general real estate appraiser or as a	78320
residential real estate appraiser, licensure as a residential real	78321
estate appraiser, or registration as a real estate appraiser	78322
assistant and be accompanied by the prescribed examination and	78323
certification, registration, or licensure fees set forth in	78324
section 4763.09 of the Revised Code. The application also shall	78325
include ~~a fingerprint of the applicant;~~ a pledge, signed by the	78326
applicant, that the applicant will comply with the standards set	78327
forth in this chapter; and a statement that the applicant	78328
understands the types of misconduct for which disciplinary	78329
proceedings may be initiated against the applicant pursuant to	78330
this chapter.	78331

(b) Upon the filing of an application and payment of any	78332
examination and certification, registration, or licensure fees,	78333
the superintendent of real estate shall request the superintendent	78334
of the bureau of criminal identification and investigation, or a	78335
vendor approved by the bureau, to conduct a criminal records check	78336
based on the applicant's fingerprints in accordance with division	78337
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	78338
division (K) of section 121.08 of the Revised Code, the	78339
superintendent of real estate shall request that criminal record	78340
information from the federal bureau of investigation be obtained	78341
as part of the criminal records check. Any fee required under	78342
division (C)(3) of section 109.572 of the Revised Code shall be	78343
paid by the applicant.	78344

(2) For purposes of providing funding for the real estate	78345
appraiser recovery fund established by section 4763.16 of the	78346
Revised Code, the real estate appraiser board shall levy an	78347
assessment against each person issued an initial certificate,	78348
registration, or license and against current licensees,	78349
registrants, and certificate holders, as required by board rule.	78350
The assessment is in addition to the application and examination	78351
fees for initial applicants required by division (A)(1) of this	78352
section and the renewal fees required for current certificate	78353
holders, registrants, and licensees. The superintendent of real	78354
estate shall deposit the assessment into the state treasury to the	78355
credit of the real estate appraiser recovery fund. The assessment	78356
for initial certificate holders, registrants, and licensees shall	78357
be paid prior to the issuance of a certificate, registration, or	78358
license, and for current certificate holders, registrants, and	78359
licensees, at the time of renewal.	78360

(B) An applicant for an initial general real estate appraiser	78361
certificate, residential real estate appraiser certificate, or	78362
residential real estate appraiser license shall possess	78363
experience in real estate appraisal as the board prescribes by	78364
rule. In addition to any other information required by the board,	78365
the applicant shall furnish, under oath, a detailed listing of the	78366
appraisal reports or file memoranda for each year for which	78367
experience is claimed and, upon request of the superintendent or	78368
the board, shall make available for examination a sample of the	78369
appraisal reports prepared by the applicant in the course of the	78370
applicant's practice.	78371

(C) An applicant for an initial certificate, registration, or	78372
license shall be at least eighteen years of age, honest, truthful,	78373
and of good reputation and shall present satisfactory evidence to	78374
the superintendent that the applicant has successfully completed	78375
any education requirements the board prescribes by rule.	78376

(D) An applicant for an initial general real estate appraiser	78377
or residential real estate appraiser certificate or residential	78378
real estate appraiser license shall take and successfully complete	78379
a written examination in order to qualify for the certificate or	78380
license.	78381

The board shall prescribe the examination requirements by	78382
rule.	78383

(E)(1) A nonresident, natural person of this state who has	78384
complied with this section may obtain a certificate, registration,	78385
or license. The board shall adopt rules relating to the	78386
certification, registration, and licensure of a nonresident	78387
applicant whose state of residence the board determines to have	78388
certification, registration, or licensure requirements that are	78389
substantially similar to those set forth in this chapter and the	78390
rules adopted thereunder.	78391

(2) The board shall recognize on a temporary basis a	78392
certification or license issued in another state and shall	78393
register on a temporary basis an appraiser who is certified or	78394
licensed in another state if all of the following apply:	78395

(a) The temporary registration is to perform an appraisal	78396
assignment that is part of a federally related transaction.	78397

(b) The appraiser's business in this state is of a temporary	78398
nature.	78399

(c) The appraiser registers with the board pursuant to this	78400
division.	78401

An appraiser who is certified or licensed in another state	78402
shall register with the board for temporary practice before	78403
performing an appraisal assignment in this state in connection	78404
with a federally related transaction.	78405

The board shall adopt rules relating to registration for the	78406
temporary recognition of certification and licensure of appraisers	78407
from another state. The registration for temporary recognition of	78408
certified or licensed appraisers from another state shall not	78409
authorize completion of more than one appraisal assignment in this	78410
state. The board shall not issue more than two registrations for	78411
temporary practice to any one applicant in any calendar year.	78412

(3) In addition to any other information required to be	78413
submitted with the nonresident applicant's or appraiser's	78414
application for a certificate, registration, license, or temporary	78415
recognition of a certificate or license, each nonresident	78416
applicant or appraiser shall submit a statement consenting to the	78417
service of process upon the nonresident applicant or appraiser by	78418
means of delivering that process to the secretary of state if, in	78419
an action against the applicant, certificate holder, registrant,	78420
or licensee arising from the applicant's, certificate holder's,	78421
registrant's, or licensee's activities as a certificate holder,	78422
registrant, or licensee, the plaintiff, in the exercise of due	78423
diligence, cannot effect personal service upon the applicant,	78424
certificate holder, registrant, or licensee.	78425

(F) The superintendent shall not issue a certificate,	78426
registration, or license to, or recognize on a temporary basis an	78427
appraiser from another state that is a corporation, partnership,	78428
or association. This prohibition shall not be construed to prevent	78429
a certificate holder or licensee from signing an appraisal report	78430
on behalf of a corporation, partnership, or association.	78431

(G) Every person licensed, registered, or certified under	78432
this chapter shall notify the superintendent, on a form provided	78433
by the superintendent, of a change in the address of the	78434
licensee's, registrant's, or certificate holder's principal place	78435
of business or residence within thirty days of the change. If a	78436
licensee's, registrant's, or certificate holder's license,	78437
registration, or certificate is revoked or not renewed, the	78438
licensee, registrant, or certificate holder immediately shall	78439
return the annual and any renewal certificate, registration, or	78440
license to the superintendent.	78441

(H)(1) The superintendent shall not issue a certificate,	78442
registration, or license to any person, or recognize on a	78443
temporary basis an appraiser from another state, who does not meet	78444
applicable minimum criteria for state certification, registration,	78445
or licensure prescribed by federal law or rule.	78446

(2) The superintendent shall not issue a general real estate	78447
appraiser certificate, residential real estate appraiser	78448
certificate, residential real estate appraiser license, or real	78449
estate appraiser assistant registration to any person who has been	78450
convicted of or pleaded guilty to any criminal offense involving	78451
theft, receiving stolen property, embezzlement, forgery, fraud,	78452
passing bad checks, money laundering, or drug trafficking, or any	78453
criminal offense involving money or securities, including a	78454
violation of an existing or former law of this state, any other	78455
state, or the United States that substantially is equivalent to	78456
such an offense. However, if the applicant has pleaded guilty to	78457
or been convicted of such an offense, the superintendent shall not	78458
consider the offense if the applicant has proven to the	78459
superintendent, by a preponderance of the evidence, that the	78460
applicant's activities and employment record since the conviction	78461
show that the applicant is honest, truthful, and of good	78462
reputation, and there is no basis in fact for believing that the	78463
applicant will commit such an offense again.	78464

Sec. 4763.07. (A) Every state-certified general real estate	78465
appraiser, state-certified residential real estate appraiser,and	78466
state-licensed residential real estate appraiser~~, and~~	78467
~~state-registered real estate appraiser assistant~~ shall submit	78468
proof of successfully completing a minimum of fourteen classroom	78469
hours of continuing education instruction in courses or seminars	78470
approved by the real estate appraiser board. The certificate	78471
holder and licensee shall have satisfied the fourteen-hour	78472
continuing education requirements within the one-year period	78473
immediately following the issuance of the initial certificate or	78474
license and shall satisfy those requirements annually thereafter.	78475
A state-registered real estate appraiser assistant who remains in	78476
this classification for more than two years shall satisfy in the	78477
third and successive years this section's requirements. If the	78478
certificate holder or, licensee, or registrant fails to submit	78479
proof to the superintendent of meeting these requirements, the	78480
certificate holder's, registrant's, or licensee's certificate or,	78481
license, or registration automatically is suspended. The	78482
superintendent shall notify the certificate holder or, licensee,	78483
or registrant of the suspension and if the certificate holder or,	78484
licensee, or registrant fails to submit proof to the	78485
superintendent of meeting those requirements within three months	78486
from the date of suspension, the superintendent shall revoke the	78487
certificate or, license, or registration. If a certificate holder	78488
or, licensee, or registrant whose certificate or, license, or	78489
registration has been revoked under this division desires to be	78490
certified or, licensed, or registered under this chapter the	78491
certificate holder or, licensee, or registrant shall apply for an	78492
initial certificate or, license, or registration and shall meet	78493
all of the requirements of section 4763.05 of the Revised Code for	78494
the issuance of a certificate or, license, or registration.	78495

A certificate holder ~~and~~, licensee, or registrant may satisfy	78496
all or a portion of the required hours of classroom instruction in	78497
the following manner:	78498

(1) Completion of an educational program of study determined	78499
by the board to be equivalent, for continuing education purposes,	78500
to courses or seminars approved by the board;	78501

(2) Participation, other than as a student, in educational	78502
processes or programs approved by the board that relate to real	78503
estate appraisal theory, practices, or techniques.	78504

A certificate holder and a licensee shall present to the	78505
superintendent of real estate evidence of the manner in which the	78506
certificate holder and licensee satisfied the requirements of	78507
division (A) of this section.	78508

(B) The board shall adopt rules for implementing a continuing	78509
education program for state-certified general real estate	78510
appraisers, state-certified residential real estate appraisers,	78511
state-licensed residential real estate appraisers, and	78512
state-registered real estate appraiser assistants for the purpose	78513
of assuring that certificate holders ~~and~~, licensees, and	78514
registrants have current knowledge of real estate appraisal	78515
theories, practices, and techniques that will provide a high	78516
degree of service and protection to members of the public. In	78517
addition to any other provisions the board considers appropriate,	78518
the rules adopted by the board shall prescribe the following:	78519

(1) Policies and procedures for obtaining board approval of	78520
courses of instruction and seminars;	78521

(2) Standards, policies, and procedures to be applied in	78522
evaluating the alternative methods of complying with continuing	78523
education requirements set forth in divisions (A)(1) and (2) of	78524
this section;	78525

(3) Standards, monitoring methods, and systems for recording	78526
attendance to be employed by course sponsors as a prerequisite to	78527
approval of courses for continuing education credit.	78528

(C) No amendment or rescission of a rule the board adopts	78529
pursuant to division (B) of this section shall operate to deprive	78530
a certificate holder or licensee of credit toward renewal of	78531
certification or licensure for any course of instruction completed	78532
by the certificate holder or licensee prior to the effective date	78533
of the amendment or rescission that would have qualified for	78534
credit under the rule as it existed prior to amendment or	78535
rescission.	78536

(D) The superintendent of real estate shall not issue a	78537
renewal certificate, registration, or license to any person who	78538
does not meet applicable minimum criteria for state certification,	78539
registration, or licensure prescribed by federal law or rule.	78540

Sec. 4763.09. (A) The real estate appraiser board shall	78541
adopt rules, in accordance with Chapter 119. of the Revised Code,	78542
for the establishment of the following fees:	78543

(1) The examination fee required under division (A) of	78544
section 4763.05 of the Revised Code, up to a maximum of one	78545
hundred fifty dollars, which fee shall be nonrefundable;	78546

(2) The initial state-certified general real estate appraiser	78547
and state-certified residential real estate appraiser	78548
certification and state-licensed residential real estate appraiser	78549
license fees, and the annual renewal thereof, up to a maximum of	78550
one hundred ~~twenty-five~~seventy-five dollars each;	78551

(3) The initial real estate appraiser assistant registration	78552
fee, and the annual renewal thereof, up to a maximum of ~~fifty~~one	78553
hundred dollars;	78554

(4) The late filing fee for renewal of a certification,	78555
registration, or license, which shall be one-half of the	78556
certification, registration, and licensure fees established	78557
pursuant to divisions (A)(2) and (3) of this section;	78558

(5) The amount to be charged to cover the cost of the	78559
issuance of a temporary certificate or license under division	78560
(E)(2) of section 4763.05 of the Revised Code;	78561

(6) Other reasonable fees as needed, including any annual	78562
pass-through charges imposed by the federal government.	78563

(B) An applicant for certification or licensure under this	78564
chapter shall pay the examination fee directly to a testing	78565
service if so prescribed and in such amount as the superintendent	78566
of real estate prescribes. The balance, if any, of the examination	78567
fee shall accompany the application.	78568

Sec. 4763.11. (A) Within ~~five~~ten business days after a	78569
person files a ~~signed~~ written complaint against a person	78570
certified, registered, or licensed under this chapter with the	78571
division of real estate, the superintendent of real estate shall	78572
acknowledge receipt of the complaint ~~or request and send a~~by	78573
sending notice to the certificate holder, registrant, or licensee	78574
~~describing the acts of which there is a~~that includes a copy of	78575
the complaint. The acknowledgement to the complainant and the	78576
notice to the certificate holder, registrant, or licensee ~~shall~~	78577
may state that an informal mediation meeting will be held with the	78578
complainant, the certificate holder, registrant, or licensee, and	78579
an investigator from the investigation and audit section of the	78580
division, if the complainant and certificate holder, registrant,	78581
or licensee both file a request for such a meeting within ~~ten~~	78582
~~business~~twenty calendar days ~~thereafter on a form the~~	78583
~~superintendent provides~~after the acknowledgment and notice are	78584
mailed.	78585

(B) If the complainant and certificate holder, registrant, or	78586
licensee both file with the division requests for an informal	78587
mediation meeting, the superintendent shall notify the complainant	78588
and certificate holder, registrant, or licensee of the date of the	78589
meeting, ~~which shall be within twenty business days thereafter,~~	78590
~~except that the complainant, certificate holder, registrant, or~~	78591
~~licensee may request an extension of up to fifteen business days~~	78592
~~for good cause shown~~by regular mail. If the complainant and	78593
certificate holder, registrant, or licensee reach an accommodation	78594
at an informal mediation meeting, the investigator shall so report	78595
the accommodation to the superintendent ~~and to~~, the complainant,	78596
and the certificate holder, registrant, or licensee and the	78597
complaint file shall be closed~~, unless, based upon the~~	78598
~~investigator's report, the superintendent finds evidence that the~~	78599
~~certificate holder, registrant, or licensee has violated division~~	78600
~~(G) of this section~~upon the superintendent receiving satisfactory	78601
notice that the accommodation has been fulfilled.	78602

(C) If the complainant and certificate holder, registrant, or	78603
licensee fail to agree to an informal mediation meeting or fail to	78604
reach an accommodation~~, or if the superintendent finds evidence of~~	78605
~~a violation of division (G) of this section pursuant to an~~	78606
~~investigation conducted pursuant to division (B)(9) of section~~	78607
~~4763.03 of the Revised Code~~agreement, or fail to fulfill an	78608
accommodation agreement, the superintendent shall~~, within five~~	78609
~~business days of such determination, notify the complainant and~~	78610
~~certificate holder, registrant, or licensee and investigate~~assign	78611
the complaint to an investigator for an investigation into the	78612
conduct of the certificate holder, registrant, or licensee against	78613
whom the complaint is filed.	78614

(D) ~~Within sixty business days after receipt of the~~	78615
~~complaint, or, if an informal meeting is held, within sixty days~~	78616
~~after such meeting~~Upon the conclusion of the investigation, the	78617
investigator shall file a written report of the results of the	78618
investigation with the superintendent. ~~Within ten business days~~	78619
~~thereafter, the~~The superintendent shall review the report and	78620
determine whether there exists reasonable and substantial evidence	78621
of a violation of division (G) of this section by the certificate	78622
holder, registrant, or licensee. If the superintendent finds such	78623
evidence exists, ~~within five business days of that determination,~~	78624
the superintendent shall notify the complainant and certificate	78625
holder, registrant, or licensee of the determination. The	78626
certificate holder, registrant, or licensee may request a hearing	78627
pursuant to Chapter 119. of the Revised Code. If a formal hearing	78628
is conducted, the hearing examiner shall file a report of findings	78629
of fact and conclusions of law with the superintendent, the board,	78630
the complainant and the certificate holder, licensee, or	78631
registrant after the conclusion of the formal hearing. Within ten	78632
calendar days of receipt of the copy of the hearing examiner's	78633
finding of fact and conclusions of law, the certificate holder,	78634
licensee, or registrant or the division may file with the board	78635
written objections to the hearing examiner's report, which shall	78636
be considered by the board before approving, modifying, or	78637
rejecting the hearing examiner's report. If the superintendent	78638
finds that such evidence does not exist, ~~within five business days~~	78639
~~thereafter,~~ the superintendent shall notify the complainant and	78640
certificate holder, registrant, or licensee of that determination	78641
and the basis for the determination. Within fifteen business days	78642
after the superintendent notifies the complainant and certificate	78643
holder, registrant, or licensee that such evidence does not exist,	78644
the complainant may file with the division a request that the real	78645
estate appraiser board review the determination. If the	78646
complainant files such request, the board shall review the	78647
determination at the next regularly scheduled meeting held at	78648
least fifteen business days after the request is filed but no	78649
longer than six months after the request is filed. The board may	78650
hear the testimony of the complainant, certificate holder,	78651
registrant, or licensee at the meeting upon the request of that	78652
party. If the board affirms the determination of the	78653
superintendent, the superintendent shall notify the complainant	78654
and the certificate holder, registrant, or licensee within five	78655
business days thereafter. If the board reverses the determination	78656
of the superintendent, a hearing before a hearing examiner shall	78657
be held and the complainant and certificate holder, registrant, or	78658
licensee notified as provided in this division.	78659

(E) The board shall review the referee's or hearing	78660
examiner's report and the evidence at the next regularly scheduled	78661
board meeting held at least fifteen business days after receipt of	78662
the referee's or examiner's report. The board may hear the	78663
testimony of the complainant, certificate holder, registrant, or	78664
licensee upon request. If the complainant is the Ohio civil	78665
rights commission, the board shall review the complaint	78666

(F) If the board determines that a licensee, registrant, or	78667
certificate holder has violated this chapter for which	78668
disciplinary action may be taken under division (G) of this	78669
section, after review of the referee's or examiner's report and	78670
the evidence as provided in division (E) of this section, the	78671
board shall order the disciplinary action the board considers	78672
appropriate, which may include, but is not limited to, any of the	78673
following:	78674

(1) Reprimand of the certificate holder, registrant, or	78675
licensee;	78676

(2) Imposition of a fine, not exceeding, two thousand five	78677
hundred dollars per violation;	78678

(3) Requirement of the completion of additional education	78679
courses. Any course work imposed pursuant to this section shall	78680
not count toward continuing education requirements or prelicense	78681
or precertification requirements set forth in section 4763.05 of	78682
the Revised Code.	78683

(4) Suspension of the certificate, registration, or license	78684
for a specific period of time;	78685

~~(3) Suspension of the certificate, registration, or license~~	78686
~~until the certificate holder, registrant, or licensee complies~~	78687
~~with conditions the board sets, including but not limited to,~~	78688
~~successful completion of the real estate appraiser examination~~	78689
~~described in division (D) of section 4763.05 of the Revised Code~~	78690
~~or completion of a specific number of hours of continuing~~	78691
~~education instruction in courses or seminars approved by the~~	78692
~~board;~~	78693

~~(4)~~(5) Revocation of the certificate, registration, or	78694
license.	78695

The decision and order of the board is final, subject to	78696
review in the manner provided for in Chapter 119. of the Revised	78697
Code and appeal to any court of common pleas.	78698

(G) The board shall take any disciplinary action authorized	78699
by this section against a certificate holder, registrant, or	78700
licensee who is found to have committed any of the following acts,	78701
omissions, or violations during the appraiser's certification,	78702
registration, or licensure:	78703

(1) Procuring or attempting to procure a certificate,	78704
registration, or license pursuant to this chapter by knowingly	78705
making a false statement, submitting false information, refusing	78706
to provide complete information in response to a question in an	78707
application for certification, registration, or licensure, or by	78708
any means of fraud or misrepresentation;	78709

(2) Paying, or attempting to pay, anything of value, other	78710
than the fees or assessments required by this chapter, to any	78711
member or employee of the board for the purpose of procuring a	78712
certificate, registration, or license;	78713

(3) Being convicted in a criminal proceeding for a felony or	78714
a crime involving moral turpitude;	78715

(4) Dishonesty, fraud, or misrepresentation, with the intent	78716
to either benefit the certificate holder, registrant, or licensee	78717
or another person or injure another person;	78718

(5) Violation of any of the standards for the development or,	78719
preparation, communication, or reporting of ~~real estate appraisals~~	78720
an appraisal report set forth in this chapter and rules of the	78721
board;	78722

(6) Failure or refusal to exercise reasonable diligence in	78723
developing ~~an appraisal~~, preparing, or communicating an appraisal	78724
report~~, or communicating an appraisal~~;	78725

(7) Negligence or incompetence in developing ~~an appraisal~~, in	78726
preparing, communicating, or reporting an appraisal report~~, or in~~	78727
~~communicating an appraisal~~;	78728

(8) ~~Willfully~~Violating or willfully disregarding or	78729
~~violating this~~ chapter or the rules adopted thereunder;	78730

(9) Accepting an appraisal assignment where the employment is	78731
contingent upon the appraiser preparing or reporting a	78732
predetermined estimate, analysis, or opinion, or where the fee to	78733
be paid for the appraisal is contingent upon the opinion,	78734
conclusion, or valuation attained or upon the consequences	78735
resulting from the appraisal assignment;	78736

(10) Violating the confidential nature of governmental	78737
records to which the certificate holder, registrant, or licensee	78738
gained access through employment or engagement as an appraiser by	78739
a governmental agency;	78740

(11) Entry of final judgment against the certificate holder,	78741
registrant, or licensee on the grounds of fraud, deceit,	78742
misrepresentation, or gross negligence in the making of any	78743
appraisal of real estate;	78744

(12) Violating any federal or state civil rights law;

78745

(13) Having published advertising, whether printed, radio,	78746
display, or of any other nature, which was misleading or	78747
inaccurate in any material particular, or in any way having	78748
misrepresented any appraisal or specialized service;	78749

(14) Failing to provide copies of records to the	78750
superintendent or failing to maintain records ~~for five years~~ as	78751
required by section 4763.14 of the Revised Code. Failure of a	78752
certificate holder, licensee, or registrant to comply with a	78753
subpoena issued under division (C)(1) of section 4763.03 of the	78754
Revised Code is prima-facie evidence of a violation of division	78755
(G)(14) of section 4763.11 of the Revised Code.	78756

(15) Failing to provide notice to the board as required in	78757
division (I) of this section.	78758

(H) The board immediately shall notify the superintendent of	78759
real estate of any disciplinary action taken under this section	78760
against a certificate holder, registrant, or licensee who also is	78761
licensed under Chapter 4735. of the Revised Code, and also shall	78762
notify any other federal, state, or local agency and any other	78763
public or private association that the board determines is	78764
responsible for licensing or otherwise regulating the professional	78765
or business activity of the appraiser. Additionally, the board	78766
shall notify the complainant and any other party who may have	78767
suffered financial loss because of the certificate holder's,	78768
registrant's, or licensee's violations, that the complainant or	78769
other party may sue for recovery under section 4763.16 of the	78770
Revised Code. The notice provided under this division shall	78771
specify the conduct for which the certificate holder, registrant,	78772
or licensee was disciplined and the disciplinary action taken by	78773
the board and the result of that conduct.	78774

(I) A certificate holder, registrant, or licensee shall	78775
notify the board ~~of the existence of a criminal conviction of the~~	78776
~~type~~within fifteen days of the agency's issuance of an order	78777
revoking or permanently surrendering any professional license,	78778
certificate, or registration by any public entity other than the	78779
division of real estate. A certificate holder, registrant, or	78780
licensee who is convicted of a felony or crime of moral turpitude	78781
as described in division (G)(3) of this section shall notify the	78782
board of the conviction within fifteen days of the conviction.	78783

(J) If the board determines that a certificate holder,	78784
registrant, or licensee has violated this chapter for which	78785
disciplinary action may be taken under division (G) of this	78786
section as a result of an investigation conducted by the	78787
superintendent upon the superintendent's own motion or upon the	78788
request of the board, the superintendent shall notify the	78789
certificate holder, registrant, or licensee of the certificate	78790
holder's, registrant's, or licensee's right to a hearing pursuant	78791
to Chapter 119. of the Revised Code and to an appeal of a final	78792
determination of such administrative proceedings to any court of	78793
common pleas.	78794

(K) All notices, written reports, and determinations issued	78795
pursuant to this section shall be mailed via certified mail,	78796
return receipt requested. If the certified notice is returned	78797
because of failure of delivery or was unclaimed, the notice,	78798
written reports, or determinations are deemed served if the	78799
superintendent sends the notice, written reports, or determination	78800
via regular mail and obtains a certificate of mailing of the	78801
notice, written reports, or determination. Refusal of delivery by	78802
personal service or by mail is not failure of delivery and service	78803
is deemed to be complete.	78804

Sec. 4763.13. (A) In engaging in appraisal activities, a	78805
person certified, registered, or licensed under this chapter shall	78806
comply with the applicable standards prescribed by the board of	78807
governors of the federal reserve system, the federal deposit	78808
insurance corporation, the comptroller of the currency, the office	78809
of thrift supervision, the national credit union administration,	78810
and the resolution trust corporation in connection with federally	78811
related transactions under the jurisdiction of the applicable	78812
agency or instrumentality. A certificate holder, registrant, and	78813
licensee also shall comply with the uniform standards of	78814
professional appraisal practice, as adopted by the appraisal	78815
standards board of the appraisal foundation and such other	78816
standards adopted by the real estate appraiser board, to the	78817
extent that those standards do not conflict with applicable	78818
federal standards in connection with a particular federally	78819
related transaction.	78820

(B) The terms "state-licensed residential real estate	78821
appraiser," "state-certified residential real estate appraiser,"	78822
"state-certified general real estate appraiser," and	78823
"state-registered real estate appraiser assistant" shall be used	78824
to refer only to those persons who have been issued the applicable	78825
certificate, registration, or license or renewal certificate,	78826
registration, or license pursuant to this chapter. None of these	78827
terms shall be used following or in connection with the name or	78828
signature of a partnership, corporation, or association or in a	78829
manner that could be interpreted as referring to a person other	78830
than the person to whom the certificate, registration, or license	78831
has been issued. No person shall fail to comply with this	78832
division.	78833

(C) No person, other than a certificate holder, a registrant,	78834
or a licensee, shall assume or use a title, designation, or	78835
abbreviation that is likely to create the impression that the	78836
person possesses certification, registration, or licensure under	78837
this chapter, provided that professional designations containing	78838
the term "certified appraiser" and being used on or before July	78839
26, 1989, shall not be construed as being misleading under this	78840
division. No person other than a person certified or licensed	78841
under this chapter shall describe or refer to an appraisal or	78842
other evaluation of real estate located in this state as being	78843
certified.	78844

(D) The terms "state-certified or state-licensed real estate	78845
appraisal report," "state-certified or state-licensed appraisal	78846
report," or "state-certified or state-licensed appraisal" shall be	78847
used to refer only to those real estate appraisals conducted by a	78848
certificate holder or licensee as a disinterested and unbiased	78849
third party provided that the certificate holder or licensee	78850
provides certification with the appraisal and provided further	78851
that if a licensee is providing the appraisal, such terms shall	78852
only be used if the licensee is acting within the scope of the	78853
licensee's license. No person shall fail to comply with this	78854
division.	78855

(E) Nothing in this chapter shall preclude a partnership,	78856
corporation, or association which employs or, retains, or engages	78857
the services of a certificate holder or licensee to advertise that	78858
the partnership, corporation, or association offers	78859
state-certified or state-licensed appraisals through a	78860
certificate holder or licensee if the advertisement clearly	78861
states such fact in accordance with guidelines for such	78862
advertisements established by rule of the real estate appraiser	78863
board.	78864

(F) Except as otherwise provided in section 4763.19 of the	78865
Revised Code, nothing in this chapter shall preclude a person who	78866
is not licensed or certified under this chapter from appraising	78867
real estate for compensation.	78868

Sec. 4763.14. A person licensed, registered, or certified	78869
under this chapter shall retain for a period of five years the	78870
original or a true copy of each written contract for the person's	78871
services relating to real estate appraisal work ~~and~~, all appraisal	78872
reports, and all work file documentation and ~~supporting~~ data	78873
assembled ~~and formulated by the person~~ in preparing those reports.	78874
The retention period begins on the date the appraisal is submitted	78875
to the client unless, prior to expiration of the retention period,	78876
the certificate holder, registrant, or licensee is notified that	78877
the appraisal or report is the subject of or is otherwise involved	78878
in pending litigation, in which case the retention period begins	78879
on the date of final disposition of the litigation.	78880

A certificate holder, registrant, and a licensee shall make	78881
available all records required to be maintained under this section	78882
for inspection and copying by the superintendent of real estate or	78883
the real estate appraiser board, or both, upon reasonable notice	78884
to the certificate holder, registrant, or licensee.	78885

Sec. 4763.17. Every partnership, corporation, or association	78886
which employs or, retains, or engages the services of a person	78887
licensed, registered, or certified under this chapter, whether the	78888
certificate holder, registrant, or licensee is an independent	78889
contractor or under the supervision or control of the partnership,	78890
corporation, or association, is jointly and severally liable for	78891
any damages incurred by any person as a result of an act or	78892
omission concerning a state-certified or state-licensed real	78893
estate appraisal prepared or facilitated in the preparation by a	78894
certificate holder, registrant, or licensee while employed or,	78895
retained, or engaged by the partnership, corporation, or	78896
association.	78897

Sec. 4766.09. This chapter does not apply to any of the	78898
following:	78899

(A) A person rendering services with an ambulance in the	78900
event of a disaster situation when licensees' vehicles based in	78901
the locality of the disaster situation are incapacitated or	78902
insufficient in number to render the services needed;	78903

(B) Any person operating an ambulance, ambulette, rotorcraft	78904
air ambulance, or fixed wing air ambulance outside this state	78905
unless receiving a person within this state for transport to a	78906
location within this state;	78907

(C) A publicly owned or operated emergency medical service	78908
organization and the vehicles it owns or leases and operates,	78909
except as provided in section 307.051, division (G) of section	78910
307.055, division (F) of section 505.37, division (B) of section	78911
505.375, and division (B)(3) of section 505.72 of the Revised	78912
Code;	78913

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	78914
wing air ambulance, or nontransport vehicle owned or leased and	78915
operated by the federal government;	78916

(E) A publicly owned and operated fire department vehicle;

78917

(F) Emergency vehicles owned by a corporation and operating	78918
only on the corporation's premises, for the sole use by that	78919
corporation;	78920

(G) An ambulance, nontransport vehicle, or other emergency	78921
medical service organization vehicle owned and operated by a	78922
municipal corporation;	78923

(H) A motor vehicle titled in the name of a volunteer rescue	78924
service organization, as defined in section 4503.172 of the	78925
Revised Code;	78926

(I) A public emergency medical service organization;

78927

(J) A fire department, rescue squad, or life squad comprised	78928
of volunteers who provide services without expectation of	78929
remuneration and do not receive payment for services other than	78930
reimbursement for expenses;	78931

(K) A private, nonprofit emergency medical service	78932
organization when fifty per cent or more of its personnel are	78933
volunteers, as defined in section 4765.01 of the Revised Code;	78934

(L) Emergency medical service personnel who are regulated by	78935
the state board of emergency medical services under Chapter 4765.	78936
of the Revised Code;	78937

(M) Any of the following that operates a transit bus, as that	78938
term is defined in division (Q) of section 5735.01 of the Revised	78939
Code, unless the entity provides ambulette services that are	78940
reimbursed under the state medicaid plan:	78941

(1) A public nonemergency medical service organization;

78942

(2) An urban or rural public transit system;

78943

(3) A private nonprofit organization that receives grants	78944
under section 5501.07 of the Revised Code.	78945

(N)(1) An entity ~~or vehicle owned by an entity that~~, to the	78946
extent it provides ambulette services, if the entity meets all of	78947
the following conditions:	78948

(a) The entity is certified by the department of aging or the	78949
department's designee ~~under~~in accordance with section 173.391 of	78950
the Revised Code ~~and~~or operates under a contract or grant	78951
agreement with the department or the department's designee in	78952
accordance with section 173.392 of the Revised Code.	78953

(b) The entity meets the requirements of section 4766.14 of	78954
the Revised Code~~, unless the entity or~~.	78955

(c) The entity does not provide ambulette services that are	78956
reimbursed under the state medicaid plan.	78957

(2) A vehicle, to the extent it is used to provide ambulette	78958
services, if the vehicle meets both of the following conditions:	78959

(a) The vehicle is owned by an entity that meets the	78960
conditions specified in division (N)(1) of this section.	78961

(b) The vehicle ~~provides~~does not provide ambulette services	78962
that are reimbursed under the state medicaid plan;.	78963

(O) A vehicle that meets both of the following criteria,	78964
unless the vehicle provides services that are reimbursed under the	78965
state medicaid plan:	78966

(1) The vehicle was purchased with funds from a grant made by	78967
the United States secretary of transportation under 49 U.S.C.	78968
5310;	78969

(2) The department of transportation holds a lien on the	78970
vehicle.	78971

Sec. 4767.05. (A) There is hereby created the Ohio cemetery	78972
dispute resolution commission, which shall consist of nine members	78973
to be appointed by the governor with the advice and consent of the	78974
senate as follows:	78975

(1) One member shall be the management authority of a	78976
municipal, township, or union cemetery and shall be selected from	78977
a list of four names submitted to the governor. Two of the four	78978
names shall be submitted by the Ohio township association and two	78979
names shall be submitted by the Ohio municipal league.	78980

(2) Four members shall be individuals employed in a	78981
management position by a cemetery company or cemetery association.	78982
Two of the four members shall be selected from a list of four	78983
names submitted to the governor by the Ohio association of	78984
cemeteries and two shall be selected from a list of four names	78985
submitted by the Ohio association of cemetery superintendents and	78986
officials.	78987

(3) Two members shall be employed in a management position by	78988
a cemetery that is owned or operated by a religious, fraternal, or	78989
benevolent society and shall be selected from a list of four names	78990
submitted by the Ohio association of cemetery superintendents and	78991
officials.	78992

(4) Two members, at least one of whom shall be at least	78993
sixty-five years of age, shall be representatives of the public	78994
with no financial interest in the death care industry.	78995

Each member of the commission, except for the two members who	78996
represent the public, shall, at the time of appointment, have had	78997
a minimum of five consecutive years of experience in the active	78998
administration and management of a cemetery in this state.	78999

(B) Within ninety days after the effective date of this	79000
section, the governor shall make initial appointments to the	79001
commission. Of the initial appointments, two shall be for terms	79002
ending one year after the effective date of this section, two	79003
shall be for terms ending two years after that date, two shall be	79004
for terms ending three years after that date, and three shall be	79005
for terms ending four years after that date. Thereafter, terms of	79006
office shall be for four years, with each term ending on the same	79007
day of the same month as did the term that it succeeds. Each	79008
member shall hold office from the date of appointment until the	79009
end of the term for which the member was appointed. Vacancies	79010
shall be filled in the manner provided for original appointments,	79011
with each appointee, other than a representative of the public,	79012
being appointed from a list of two names submitted to the governor	79013
by the association or organization that was required to nominate	79014
candidates for initial appointment to the position that has become	79015
vacant. Any member appointed to fill a vacancy occurring prior to	79016
the expiration date of the term for which the member's predecessor	79017
was appointed shall hold office for the remainder of that term. A	79018
member shall continue in office subsequent to the expiration date	79019
of the member's term until the member's successor takes office or	79020
until a period of sixty days has elapsed, whichever occurs first.	79021
No person shall serve as a member of the commission for more than	79022
two consecutive terms, excluding any term served to fill an	79023
initial appointment to a term of less than four years or an	79024
unexpired term caused by a vacancy.	79025

(C) The commission annually shall elect from among its	79026
members a chairperson, vice-chairperson, and secretary, each of	79027
whom shall serve a term of one year in that office. The commission	79028
shall meet at least four times a year. Additional meetings may be	79029
called by the chairperson, or by the vice-chairperson when the	79030
chairperson is disabled, or by a majority of the members of the	79031
commission. A majority of the members constitutes a quorum to	79032
transact and vote on business of the commission.	79033

The chairperson or vice-chairperson may:

79034

(1) Administer oaths;

79035

(2) Issue subpoenas;

79036

(3) Summon witnesses;

79037

(4) Compel the production of books, papers, records, and	79038
other forms of evidence;	79039

(5) Fix the time and place for hearing any matter related to	79040
compliance with sections 1721.19, 1721.20, 1721.21, 1721.211,	79041
4735.02, ~~4735.22,~~ and 4767.02 of the Revised Code.	79042

The chairperson shall designate three members of the	79043
commission to serve on the crematory review board in accordance	79044
with section 4717.03 of the Revised Code for such time as the	79045
chairperson finds appropriate. Members designated to serve on the	79046
crematory review board shall perform all functions necessary to	79047
carry out the duties of the board as described in section 4717.03	79048
of the Revised Code. Members who serve on the crematory review	79049
board shall receive no compensation for such service.	79050

(D) Before entering upon the duties of office, each member of	79051
the commission shall take the oath pursuant to section 3.22 of the	79052
Revised Code. The governor may remove any member for misconduct,	79053
neglect of duty, incapacity, or malfeasance in accordance with	79054
section 3.04 of the Revised Code.	79055

(E) Members of the commission shall receive no compensation	79056
but shall be reimbursed for their actual and necessary expenses	79057
incurred in the performance of their duties as members of the	79058
commission.	79059

(F) The division of real estate in the department of commerce	79060
shall provide the commission with meeting space, staff services,	79061
and other technical assistance required by the commission in	79062
carrying out its duties pursuant to sections 4767.05 to 4767.08 of	79063
the Revised Code.	79064

Sec. 4767.07. (A) Any person may file a complaint regarding	79065
the activity, practice, policy, or procedure of, or regarding an	79066
alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211,	79067
4735.02, ~~4735.22,~~ or 4767.02 of the Revised Code by, any person	79068
operating or maintaining a cemetery registered pursuant to section	79069
4767.03 of the Revised Code that adversely affects or may	79070
adversely affect the interest of an owner or family member of the	79071
owner of a cemetery lot or burial, entombment, or columbarium	79072
right. All complaints shall be in writing and submitted to the	79073
division of real estate in the department of commerce on forms	79074
provided by the division.	79075

(B) With respect to complaints filed pursuant to division (A)	79076
of this section, the division of real estate shall do all of the	79077
following:	79078

(1) Acknowledge receipt of the complaint by sending written	79079
notice to the person who filed the complaint not more than twenty	79080
days after receipt of the complaint;	79081

(2) Send written notice of the complaint within seven days	79082
after receipt of the complaint to the person responsible for the	79083
operation and maintenance of the cemetery that is the subject of	79084
the complaint;	79085

(3) Before taking further action, allow the owner or the	79086
person responsible for the operation and maintenance of the	79087
cemetery that is the subject of a complaint thirty days after the	79088
date the division sends notice of the complaint to respond to the	79089
division with respect to the complaint.	79090

(C) The cemetery dispute resolution commission shall hear	79091
each complaint filed pursuant to division (A) of this section	79092
within one hundred eighty days after its filing, unless it has	79093
been resolved by the parties to the complaint.	79094

Sec. 4767.08. (A) The Ohio cemetery dispute resolution	79095
commission, on its own motion or as a result of a complaint	79096
received pursuant to section 4767.07 of the Revised Code and with	79097
good cause shown, shall investigate or cause to be investigated	79098
alleged violations of sections 1721.19, 1721.20, 1721.21,	79099
1721.211, 4735.02, ~~4735.22, and 4767.03~~ 4767.02, and 4767.03 of	79100
the Revised Code. If the commission or the superintendent of the	79101
division of real estate in the department of commerce believes	79102
that a violation has occurred, the commission or superintendent	79103
shall do all of the following:	79104

(1) Review the financial records of the cemetery to ensure	79105
compliance with sections 1721.21 and 1721.211 of the Revised Code;	79106

(2) Request the prosecuting attorney of the county in which	79107
the alleged violation occurred to initiate such proceedings as are	79108
appropriate.	79109

(B) If, as a result of an investigation, the commission or	79110
the superintendent believes that a person has violated Chapter	79111
1345. of the Revised Code, the commission or superintendent shall	79112
report the findings to the attorney general.	79113

(C) The commission, at any time, may dismiss a complaint if	79114
it determines there is not good cause shown for the complaint. If	79115
the commission dismisses a complaint, it shall notify the person	79116
who filed the complaint within twenty days of reaching its	79117
decision and identify the reason why the complaint was dismissed.	79118

(D) When necessary for the division of real estate to perform	79119
the duties required by sections 4767.07 and 4767.08 of the Revised	79120
Code, the superintendent of the division, after consultation with	79121
at least a majority of the members of the cemetery dispute	79122
resolution commission, may issue subpoenas and compel the	79123
production of books, papers, records, and other forms of evidence.	79124

Sec. 4781.01. As used in this chapter:

79125

(A) "Industrialized unit" has the same meaning as in division	79126
(C)(3) of section 3781.06 of the Revised Code.	79127

(B) "Installation" means any of the following:

79128

(1) The temporary or permanent construction of stabilization,	79129
support, and anchoring systems for manufactured housing;	79130

(2) The placement and erection of a manufactured housing unit	79131
or components of a unit on a structural support system;	79132

(3) The supporting, blocking, leveling, securing, anchoring,	79133
underpinning, or adjusting of any section or component of a	79134
manufactured housing unit;	79135

(4) The joining or connecting of all sections or components	79136
of a manufactured housing unit.	79137

(C) "Manufactured home" has the same meaning as in division	79138
(C)(4) of section 3781.06 of the Revised Code.	79139

(D) "Manufactured home park" has the same meaning as in	79140
division (A) of section 3733.01 of the Revised Code.	79141

(E) "Manufactured housing" means manufactured homes and	79142
mobile homes.	79143

(F) "Manufactured housing installer" means an individual who	79144
installs manufactured housing.	79145

(G) "Mobile home" has the same meaning as in division (O) of	79146
section 4501.01 of the Revised Code.	79147

(H) "Model standards" means the federal manufactured home	79148
installation standards established pursuant to 42 U.S.C. 5404.	79149

(I) "Permanent foundation" has the same meaning as in	79150
division (C)(5) of section 3781.06 of the Revised Code.	79151

(J) "Business" includes any activities engaged in by any	79152
person for the object of gain, benefit, or advantage either direct	79153
or indirect.	79154

(K) "Casual sale" means any transfer of a manufactured home	79155
or mobile home by a person other than a manufactured housing	79156
dealer, manufactured housing salesperson, or manufacturer to an	79157
ultimate consumer or a person who purchases the home for use as a	79158
residence.	79159

(L) "Engaging in business" means commencing, conducting, or	79160
continuing in business, or liquidating a business when the	79161
liquidator thereof holds self out to be conducting such business;	79162
making a casual sale or otherwise making transfers in the ordinary	79163
course of business when the transfers are made in connection with	79164
the disposition of all or substantially all of the transferor's	79165
assets is not engaging in business.	79166

(M) "Manufactured home park operator" has the same meaning as	79167
"operator" in section 3733.01 of the Revised Code.	79168

(N) "Manufactured housing broker" means any person acting as	79169
a selling agent on behalf of an owner of a manufactured home or	79170
mobile home that is subject to taxation under section 4503.06 of	79171
the Revised Code.	79172

(O) "Manufactured housing dealer" means any person engaged in	79173
the business of selling at retail, displaying, offering for sale,	79174
or dealing in manufactured homes or mobile homes.	79175

(P) "Manufacturer" means a person who manufacturers,	79176
assembles, or imports manufactured homes or mobile homes.	79177

(Q) "Retail sale" or "sale at retail" means the act or	79178
attempted act of selling, bartering, exchanging, or otherwise	79179
disposing of a manufactured home or mobile home to an ultimate	79180
purchaser for use as a residence.	79181

(R) "Salesperson" means any individual employed by a	79182
manufactured housing dealer or manufactured housing broker to	79183
sell, display, and offer for sale, or deal in manufactured homes	79184
or mobile homes for a commission, compensation, or other valuable	79185
consideration, but does not mean any public officer performing	79186
official duties.	79187

(S) "Ultimate purchaser" means, with respect to any new	79188
manufactured home, the first person, other than a manufactured	79189
housing dealer purchasing in the capacity of a manufactured	79190
housing dealer, who purchases such new manufactured home for	79191
purposes other than resale.	79192

Sec. 4781.02. (A) There is hereby created the manufactured	79193
homes commission which consists of nine members, with three	79194
members appointed by the governor, three members appointed by the	79195
president of the senate, and three members appointed by the	79196
speaker of the house of representatives.	79197

(B)(1) Commission members shall be residents of this state,	79198
except for members appointed pursuant to divisions (B)(3)(b) and	79199
(B)(4)(a) of this section. Members shall be selected from a list	79200
of persons the Ohio manufactured homes association, or any	79201
successor entity, recommends, except for appointments made	79202
pursuant to division (B)(2) of this section.	79203

(2) The governor shall appoint the following members:

79204

(a) One member to represent the board of building standards,	79205
who may be a member of the board or a board employee not in the	79206
classified civil service, with an initial term ending December 31,	79207
2007;	79208

(b) One member to represent the department of health, who may	79209
be a department employee not in the classified civil service, with	79210
an initial term ending December 31, 2005;	79211

(c) One member whose primary residence is a manufactured	79212
home, with an initial term ending December 31, 2006.	79213

(3) The president of the senate shall appoint the following	79214
members:	79215

(a) Two members who are manufactured housing installers who	79216
have been actively engaged in the installation of manufactured	79217
housing for the five years immediately prior to appointment, with	79218
the initial term of one installer ending December 31, 2007, and	79219
the initial term of the other installer ending December 31, 2005.	79220

(b) One member who manufactures manufactured homes in this	79221
state or who manufactures manufactured homes in another state and	79222
ships homes into this state, to represent manufactured home	79223
manufacturers, with an initial term ending December 31, 2006.	79224

(4) The speaker of the house of representatives shall appoint	79225
the following members:	79226

(a) One member who operates a manufactured or mobile home	79227
retail business in this state to represent manufactured ~~and mobile~~	79228
~~home retailers~~housing dealers, with an initial term ending	79229
December 31, 2007;	79230

(b) One member who is a manufactured home park operator or is	79231
employed by an operator, with an initial term ending December 31,	79232
2005;	79233

(c) One member to represent the Ohio manufactured home	79234
association, or any successor entity, who may be the president or	79235
executive director of the association or the successor entity,	79236
with an initial term ending December 31, 2006.	79237

(C)(1) After the initial term, each term of office is for	79238
four years ending on the thirty-first day of December. A member	79239
holds office from the date of appointment until the end of the	79240
term. No member may serve more than two consecutive four-year	79241
terms.	79242

(2) Any member appointed to fill a vacancy that occurs prior	79243
to the expiration of a term continues in office for the remainder	79244
of that term. Any member continues in office subsequent to the	79245
expiration date of the term until the member's successor takes	79246
office or until sixty days have elapsed, which ever occurs first.	79247

(3) A vacancy on the commission does not impair the authority	79248
of the remaining members to exercise all of the commission's	79249
powers.	79250

(D)(1) The governor may remove any member from office for	79251
incompetence, neglect of duty, misfeasance, nonfeasance,	79252
malfeasance, or unprofessional conduct in office.	79253

(2) Vacancies shall be filled in the manner of the original	79254
appointment.	79255

Sec. 4781.04. (A) The manufactured homes commission shall	79256
adopt rules pursuant to Chapter 119. of the Revised Code to do all	79257
of the following:	79258

(1) Establish uniform standards that govern the installation	79259
of manufactured housing. Not later than one hundred eighty days	79260
after the secretary of the United States department of housing and	79261
urban development adopts model standards for the installation of	79262
manufactured housing or amends those standards, the commission	79263
shall amend its standards as necessary to be consistent with, and	79264
not less stringent than, the model standards for the design and	79265
installation of manufactured housing the secretary adopts or any	79266
manufacturers' standards that the secretary determines are equal	79267
to or not less stringent than the model standards.	79268

(2) Govern the inspection of the installation of manufactured	79269
housing. The rules shall specify that the ~~department of health or~~	79270
~~a licensor, as determined by the director of health,~~commission,	79271
any building department or personnel of any department, any	79272
licensor or personnel of any licensor, or any private third party,	79273
certified pursuant to section 4781.07 of the Revised Code shall	79274
conduct all inspections of the installation of manufactured	79275
housing located in manufactured home parks to determine compliance	79276
with the uniform installation standards the commission establishes	79277
pursuant to this section. ~~The rules shall specify that all~~	79278
~~installation inspections in a manufactured home park the~~	79279
~~department of health or the licensor conducts shall be conducted~~	79280
~~by a person who has completed an installation training course~~	79281
~~approved by the commission pursuant to division (B) of section~~	79282
~~4781.04 of the Revised Code.~~	79283

As used in division (A)(2) of this section, "licensor" has	79284
the same meaning as in section 3733.01 of the Revised Code.	79285

(3) Govern the design, construction, installation, approval,	79286
and inspection of foundations and the base support systems for	79287
manufactured housing. The rules shall specify that the ~~department~~	79288
~~of health or the licensor, as determined by the director of~~	79289
~~health,~~commission, any building department or personnel of any	79290
department, any licensor or personnel of any licensor, or any	79291
private third party, certified pursuant to section 4781.07 of the	79292
Revised Code shall conduct all inspections of the installation,	79293
foundations, and base support systems of manufactured housing	79294
located in manufactured home parks to determine compliance with	79295
the uniform installation standards and foundation and base support	79296
system design the commission establishes pursuant to this section.	79297
~~The rules shall specify that all foundation and base support~~	79298
~~system inspections in a manufactured home park the department of~~	79299
~~health or the licensor conducts shall be conducted by a person who~~	79300
~~has completed an installation training course approved by the~~	79301
~~commission pursuant to division (B) of section 4781.04 of the~~	79302
~~Revised Code.~~	79303

As used in division (A)(3) of this section, "licensor" has	79304
the same meaning as in section 3733.01 of the Revised Code.	79305

(4) Govern the training, experience, and education	79306
requirements for manufactured housing installers, manufactured	79307
housing dealers, manufactured housing brokers, and manufactured	79308
housing salespersons;	79309

(5) Establish a code of ethics for manufactured housing	79310
installers;	79311

(6) Govern the issuance, revocation, and suspension of	79312
licenses to manufactured housing installers;	79313

(7) Establish fees for the issuance and renewal of licenses,	79314
for conducting inspections to determine an applicant's compliance	79315
with this chapter and the rules adopted pursuant to it, and for	79316
the commission's expenses incurred in implementing this chapter;	79317

(8) Establish conditions under which a licensee may enter	79318
into contracts to fulfill the licensee's responsibilities;	79319

(9) Govern the investigation of complaints concerning any	79320
violation of this chapter or the rules adopted pursuant to it or	79321
complaints involving the conduct of any licensed manufactured	79322
housing installer or person installing manufactured housing	79323
without a license, licensed manufactured housing dealer, licensed	79324
manufactured housing broker, or manufactured housing salesperson;	79325

(10) Establish a dispute resolution program for the timely	79326
resolution of warranty issues involving new manufactured homes,	79327
disputes regarding responsibility for the correction or repair of	79328
defects in manufactured housing, and the installation of	79329
manufactured housing. The rules shall provide for the timely	79330
resolution of disputes between manufacturers, ~~retailers~~	79331
manufactured housing dealers, and installers regarding the	79332
correction or repair of defects in manufactured housing that are	79333
reported by the purchaser of the home during the one-year period	79334
beginning on the date of installation of the home. The rules also	79335
shall provide that decisions made regarding the dispute under the	79336
program are not binding upon the purchaser of the home or the	79337
other parties involved in the dispute unless the purchaser so	79338
agrees in a written acknowledgement that the purchaser signs and	79339
delivers to the program within ten business days after the	79340
decision is issued.	79341

(11) Establish the requirements and procedures for the	79342
certification of building departments and building department	79343
personnel pursuant to section 4781.07 of the Revised Code;	79344

(12) Establish fees to be charged to building departments and	79345
building department personnel applying for certification and	79346
renewal of certification pursuant to section 4781.07 of the	79347
Revised Code;	79348

(13) Carry out any other provision of this chapter.

79349

(B) The manufactured homes commission shall do all of the	79350
following:	79351

(1) Prepare and administer a licensure examination to	79352
determine an applicant's knowledge of manufactured housing	79353
installation and other aspects of installation the commission	79354
determines appropriate;	79355

(2) Select, provide, or procure appropriate examination	79356
questions and answers for the licensure examination and establish	79357
the criteria for successful completion of the examination;	79358

(3) Prepare and distribute any application form this chapter	79359
requires;	79360

(4) Receive applications for licenses and renewal of licenses	79361
and issue licenses to qualified applicants;	79362

(5) Establish procedures for processing, approving, and	79363
disapproving applications for licensure;	79364

(6) Retain records of applications for licensure, including	79365
all application materials submitted and a written record of the	79366
action taken on each application;	79367

(7) Review the design and plans for manufactured housing	79368
installations, foundations, and support systems;	79369

(8) Inspect a sample of homes at a percentage the commission	79370
determines to evaluate the construction and installation of	79371
manufactured housing installations, foundations, and support	79372
systems to determine compliance with the standards the commission	79373
adopts;	79374

(9) Investigate complaints concerning violations of this	79375
chapter or the rules adopted pursuant to it, or the conduct of any	79376
manufactured housing installer, manufactured housing dealer,	79377
manufactured housing broker, or manufactured housing salesperson;	79378

(10) Determine appropriate disciplinary actions for	79379
violations of this chapter;	79380

(11) Conduct audits and inquiries of manufactured housing	79381
installers, manufactured housing dealers, manufactured housing	79382
brokers, and manufactured housing salespersons as appropriate for	79383
the enforcement of this chapter. The commission, or any person the	79384
commission employs for the purpose, may review and audit the	79385
business records of any manufactured housing installer, dealer,	79386
broker, or salesperson during normal business hours.	79387

(12) Approve an installation training course, which may be	79388
offered by the Ohio manufactured homes association or other	79389
entity;	79390

(13) Perform any function or duty necessary to administer	79391
this chapter and the rules adopted pursuant to it.	79392

Sec. 4781.05. The executive director of the manufactured	79393
homes commission shall do all of the following:	79394

(A) With commission approval, secure and manage office space,	79395
supplies, and the professional and clerical staff necessary to	79396
effectively perform the executive director's and commission's	79397
duties;	79398

(B) Pursuant to rules the commission adopts, review	79399
applications for manufactured housing installer licenses,	79400
manufactured housing dealer licenses, manufactured housing broker	79401
licenses, and manufactured housing salesperson licenses and on	79402
behalf of the commission, issue licenses to qualified persons;	79403

(C) Administer the dispute resolution program the commission	79404
develops if the commission does not contract with the Ohio	79405
manufactured homes association or another entity to administer the	79406
program;	79407

(D) Administer any continuing education program the	79408
commission develops;	79409

(E) Collect fees the commission establishes;

79410

(F) Except as provided in divisions (A)(2) and (3) of section	79411
4781.04 of the Revised Code, employ installation inspectors and	79412
investigators to serve at the executive director's pleasure to	79413
assist in carrying out the executive director's duties under this	79414
chapter or the duties the commission delegates to the executive	79415
director;	79416

(G) Serve as secretary of the commission and maintain a	79417
written record of the commission's meetings and proceedings;	79418

(H) Notify manufactured housing installers, manufactured	79419
housing dealers, manufactured housing brokers, and manufactured	79420
housing salespersons of changes in this chapter and the rules	79421
adopted pursuant to it;	79422

(I) Do all things the commission requests or delegates for	79423
the administration and enforcement of this chapter.	79424

Sec. 4781.06. (A) The manufactured homes commission may	79425
delegate to the executive director any of its duties set forth in	79426
division (B) of section 4781.04 of the Revised Code.	79427

(B) The commission may enter into a contract with the Ohio	79428
manufactured homes association or another entity to administer the	79429
dispute resolution program created pursuant to section 4781.04 of	79430
the Revised Code. The contract shall specify the terms for the	79431
administration of the program.	79432

(C)(1) The commission may enter into a contract with any	79433
private third party, municipal corporation, township, county,	79434
state agency, or the Ohio manufactured homes association, or any	79435
successor entity, to perform any of the commission's functions set	79436
forth in division (B) of section 4781.04 of the Revised Code that	79437
the commission has not delegated to the executive director. Each	79438
contract shall specify the compensation to be paid to the private	79439
third party, municipal corporation, township, county, state	79440
agency, or the Ohio manufactured homes association, or successor	79441
entity, for the performance of the commission's functions.	79442

(2) Except as provided in this division, the commission shall	79443
not enter into any contract with any person or building department	79444
to accept and approve plans and specifications or to inspect	79445
manufactured housing foundations and the installation of	79446
manufactured housing unless that person or building department is	79447
certified pursuant to section 4781.07 of the Revised Code. The	79448
commission shall ~~not~~ require inspectors the Ohio department of	79449
health employs to obtain certification pursuant to section 4781.07	79450
of the Revised Code~~, but shall require inspectors to complete an~~	79451
~~installation training course approved by the commission pursuant~~	79452
~~to division (B) of section 4781.04 of the Revised Code~~.	79453

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	79454
commission adopts, the commission may certify municipal, township,	79455
and county building departments and the personnel of those	79456
departments, licensors as defined in section 3733.01 of the	79457
Revised Code and the personnel of those licensors, or any private	79458
third party, to exercise the commission's enforcement authority,	79459
accept and approve plans and specifications for foundations,	79460
support systems and installations, and inspect manufactured	79461
housing foundations, support systems, and manufactured housing	79462
installations. Any certification is effective for three years.	79463

(B) Following an investigation and finding of facts that	79464
support its action, the commission may revoke or suspend	79465
certification. The commission may initiate an investigation on its	79466
own motion or the petition of a person affected by the enforcement	79467
or approval of plans.	79468

Sec. 4781.16. (A) Except as provided in division (E) of this	79469
section, no person shall do any of the following:	79470

(1) Engage in the business of displaying or selling at retail	79471
manufactured homes or mobile homes or assume to engage in that	79472
business, unless the person is licensed as a manufactured housing	79473
dealer under this chapter, or is a salesperson licensed under this	79474
chapter and employed by a licensed manufactured housing dealer;	79475

(2) Make more than five casual sales of manufactured homes or	79476
mobile homes in a twelve-month period without obtaining a license	79477
as a manufactured housing dealer under this chapter;	79478

(3) Engage in the business of brokering manufactured homes	79479
unless that person is licensed as a manufactured housing broker	79480
under this chapter.	79481

(B)(1) Except as provided in this division, no manufactured	79482
housing dealer shall sell, display, offer for sale, or deal in	79483
manufactured homes or mobile homes at any place except an	79484
established place of business that is used exclusively for the	79485
purpose of selling, displaying, offering for sale, or dealing in	79486
manufactured homes or mobile homes.	79487

(2) No manufactured housing broker shall engage in the	79488
business of brokering manufactured or mobile homes at any place	79489
except an established place of business that is used exclusively	79490
for the purpose of brokering manufactured and mobile homes.	79491

(3) A place of business used for the brokering or sale of	79492
manufactured homes or mobile homes is considered to be used	79493
exclusively for brokering, selling, displaying, offering for sale,	79494
or dealing in motor vehicles even though industrialized units, as	79495
defined by section 3781.06 of the Revised Code, are brokered,	79496
sold, displayed, offered for sale, or dealt at the same place of	79497
business.	79498

(4) If the licensed manufactured housing dealer is a	79499
manufactured home park operator, then all of the following apply:	79500

(a) An established place of business that is located in the	79501
operator's manufactured home park and that is used for selling,	79502
leasing, and renting manufactured homes and mobile homes in that	79503
manufactured home park is considered to be used exclusively for	79504
that purpose even though rent and other activities related to the	79505
operation of the manufactured home park take place at the same	79506
location or office.	79507

(b) The dealer's established place of business in the	79508
manufactured home park shall be staffed by someone licensed and	79509
regulated under this chapter who could reasonably assist any	79510
retail customer with or without an appointment, but such	79511
established place of business need not satisfy office size,	79512
display lot size, and physical barrier requirements applicable to	79513
other used motor vehicle dealers.	79514

(c) The manufactured and mobile homes being offered for sale,	79515
lease, or rental by the dealer may be located on individual rental	79516
lots inside the operator's manufactured home park.	79517

(C) Nothing in this chapter shall be construed as prohibiting	79518
the sale of a new or used manufactured or mobile home located in a	79519
manufactured home park by a licensed manufactured housing dealer.	79520

(D) Nothing in this section shall be construed to prohibit	79521
persons licensed under this chapter from making sales calls.	79522

(E)(1) This chapter does not apply to mortgagees selling at	79523
retail only those manufactured homes or mobile homes that have	79524
come into their possession by a default in the terms of a mortgage	79525
contract.	79526

(2) When a partnership licensed under sections 4517.01 to	79527
4517.45 of the Revised Code is dissolved by death, the surviving	79528
partners may operate under the manufactured housing dealer license	79529
for a period of sixty days, and the heirs or representatives of	79530
deceased persons and receivers or trustees in bankruptcy appointed	79531
by any competent authority may operate under the license of the	79532
person succeeded in possession by that heir, representative,	79533
receiver, or trustee in bankruptcy.	79534

Sec. 4781.17. (A) Each person applying for a manufactured	79535
housing dealer's license or manufactured housing broker's license	79536
shall complete and deliver to the manufactured homes commission,	79537
before the first day of April, a separate application for license	79538
for each county in which the business of selling manufactured or	79539
mobile homes is to be conducted. The application shall be in the	79540
form prescribed by the commission and accompanied by the fee	79541
established by the commission. The applicant shall sign and swear	79542
to the application that shall include all of the following:	79543

(1) Name of applicant and location of principal place of	79544
business;	79545

(2) Name or style under which business is to be conducted	79546
and, if a corporation, the state of incorporation;	79547

(3) Name and address of each owner or partner and, if a	79548
corporation, the names of the officers and directors;	79549

(4) The county in which the business is to be conducted and	79550
the address of each place of business therein;	79551

(5) A statement of the previous history, record, and	79552
association of the applicant and of each owner, partner, officer,	79553
and director, that is sufficient to establish to the satisfaction	79554
of the commission the reputation in business of the applicant;	79555

(6) A statement showing whether the applicant has previously	79556
applied for a manufactured housing dealer's license, manufactured	79557
housing broker's license, manufactured housing salesperson's	79558
license, or, prior to July 1, 2010, a motor vehicle dealer's	79559
license, manufactured home broker's license, or motor vehicle	79560
salesperson's license, and the result of the application, and	79561
whether the applicant has ever been the holder of any such license	79562
that was revoked or suspended;	79563

(7) If the applicant is a corporation or partnership, a	79564
statement showing whether any partner, employee, officer, or	79565
director has been refused a manufactured housing dealer's license,	79566
manufactured housing broker's license, manufactured housing	79567
salesperson's license, or, prior to July 1, 2010, a motor vehicle	79568
dealer's license, manufactured home broker's license, or motor	79569
vehicle salesperson's license, or has been the holder of any such	79570
license that was revoked or suspended;	79571

(8) Any other information required by the commission.

79572

(B)Each person applying for a manufactured housing	79573
salesperson's license shall complete and deliver to the	79574
manufactured homes commission before the first day of July an	79575
application for license. The application shall be in the form	79576
prescribed by the commission and shall be accompanied by the fee	79577
established by the commission. The applicant shall sign and swear	79578
to the application that shall include all of the following:	79579

(1) Name and post-office address of the applicant;

79580

(2) Name and post-office address of the manufactured housing	79581
dealer or manufactured housing broker for whom the applicant	79582
intends to act as salesperson;	79583

(3) A statement of the applicant's previous history, record,	79584
and association, that is sufficient to establish to the	79585
satisfaction of the commission the applicant's reputation in	79586
business;	79587

(4) A statement as to whether the applicant intends to engage	79588
in any occupation or business other than that of a manufactured	79589
housing salesperson;	79590

(5) A statement as to whether the applicant has ever had any	79591
previous application for a manufactured housing salesperson	79592
license refused or, prior to July 1, 2010, any application for a	79593
motor vehicle salesperson license refused, and whether the	79594
applicant has previously had a manufactured housing salesperson or	79595
motor vehicle salesperson license revoked or suspended;	79596

(6) A statement as to whether the applicant was an employee	79597
of or salesperson for a manufactured housing dealer or	79598
manufactured housing broker whose license was suspended or	79599
revoked;	79600

(7) A statement of the manufactured housing dealer or	79601
manufactured housing broker named therein, designating the	79602
applicant as the dealer's or broker's salesperson;	79603

(8) Any other information required by the commission.

79604

(C) Any application for a manufactured housing dealer or	79605
manufactured housing broker delivered to the commission under this	79606
section also shall be accompanied by a photograph, as prescribed	79607
by the commission, of each place of business operated, or to be	79608
operated, by the applicant.	79609

(D) The manufactured homes commission shall deposit all	79610
license fees into the state treasury to the credit of the	79611
occupational licensing and regulatory fund.	79612

Sec. 4781.18. (A) The manufactured homes commission shall	79613
deny the application of any person for a license as a manufactured	79614
housing dealer or manufactured housing broker and refuse to issue	79615
the license if the commission finds that any of the following is	79616
true of the applicant:	79617

(1) The applicant has made any false statement of a material	79618
fact in the application.	79619

(2) The applicant has not complied with this chapter or the	79620
rules adopted by the commission under this chapter.	79621

(3) The applicant is of bad business repute or has habitually	79622
defaulted on financial obligations.	79623

(4) The applicant has been guilty of a fraudulent act in	79624
connection with selling or otherwise dealing in manufactured	79625
housing or in connection with brokering manufactured housing.	79626

(5) The applicant has entered into or is about to enter into	79627
a contract or agreement with a manufacturer or distributor of	79628
manufactured homes that is contrary to the requirements of this	79629
chapter.	79630

(6) The applicant is insolvent.

79631

(7) The applicant is of insufficient responsibility to ensure	79632
the prompt payment of any final judgments that might reasonably be	79633
entered against the applicant because of the transaction of	79634
business as a manufactured housing dealer or manufactured housing	79635
broker during the period of the license applied for, or has failed	79636
to satisfy any such judgment.	79637

(8) The applicant has no established place of business that,	79638
where applicable, is used or will be used for the purpose of	79639
selling, displaying, offering for sale or dealing in manufactured	79640
housing at the location for which application is made.	79641

(9) Within less than twelve months prior to making	79642
application, the applicant has been denied a manufactured housing	79643
dealer's license or manufactured housing broker's license, or has	79644
any such license revoked.	79645

(B) The commission shall deny the application of any person	79646
for a license as a salesperson and refuse to issue the license if	79647
the commission finds that any of the following is true of the	79648
applicant:	79649

(1) The applicant has made any false statement of a material	79650
fact in the application.	79651

(2) The applicant has not complied with this chapter or the	79652
rules adopted by the commission under this chapter.	79653

(3) The applicant is of bad business repute or has habitually	79654
defaulted on financial obligations.	79655

(4) The applicant has been guilty of a fraudulent act in	79656
connection with selling or otherwise dealing in manufactured	79657
housing.	79658

(5) The applicant has not been designated to act as	79659
salesperson for a manufactured housing dealer or manufactured	79660
housing broker licensed to do business in this state under this	79661
chapter, or intends to act as salesperson for more than one	79662
licensed manufactured housing dealer or manufactured housing	79663
broker at the same time, unless the licensed dealership is owned	79664
or operated by the same corporation, regardless of the county in	79665
which the dealership's facility is located.	79666

(6) The applicant holds a current manufactured housing	79667
dealer's or manufactured housing broker's license issued under	79668
this chapter, and intends to act as salesperson for another	79669
licensed manufactured housing dealer or manufactured housing	79670
broker.	79671

(7) Within less than twelve months prior to making	79672
application, the applicant has been denied a salesperson's license	79673
or had a salesperson's license revoked.	79674

(8) The applicant was salesperson for, or in the employ of, a	79675
manufactured housing dealer or manufactured housing broker at the	79676
time the dealer's or broker's license was revoked.	79677

(C) If an applicant for a manufactured housing dealer or	79678
manufactured housing broker's license is a corporation or	79679
partnership, the commission may refuse to issue a license if any	79680
officer, director, or partner of the applicant has been guilty of	79681
any act or omission that would be cause for refusing or revoking a	79682
license issued to such officer, director, or partner as an	79683
individual. The commission's finding may be based upon facts	79684
contained in the application or upon any other information the	79685
commission may have.	79686

(D) Notwithstanding division (A)(4) of this section, the	79687
commission shall not deny the application of any person and refuse	79688
to issue a license if the commission finds that the applicant is	79689
engaged or will engage in the business of selling at retail any	79690
new manufactured homes and demonstrates that the applicant has	79691
posted a bond, surety, or certificate of deposit with the	79692
commission in an amount not less than one hundred thousand dollars	79693
for the protection and benefit of the applicant's customers.	79694

(E) A decision made by the commission under this section may	79695
be based upon any statement contained in the application or upon	79696
any facts within the commission's knowledge.	79697

(F) Immediately upon denying an application for any of the	79698
reasons in this section, the commission shall enter a final order	79699
together with the commission's findings. If the application is	79700
denied by the executive director of the commission under authority	79701
of section 4781.05 of the Revised Code, the executive director	79702
shall enter a final order together with the director's findings	79703
and certify the same to the commission. The commission shall issue	79704
to the applicant a written notice of refusal to grant a license	79705
that shall disclose the reason for refusal.	79706

Sec. 4781.19. (A) At the time the manufactured homes	79707
commission grants the application of any person for a license as a	79708
manufactured housing dealer, manufactured housing broker, or	79709
manufactured housing salesperson, the commission shall issue to	79710
the person a license that includes the name and post-office	79711
address of the person licensed. If a manufactured housing dealer	79712
or manufactured housing broker has more than one place of business	79713
in a county, the dealer or broker shall make application, in such	79714
form as the commission prescribes, for a certified copy of the	79715
license issued to the dealer or broker for each place of business	79716
in the county.	79717

(B) The commission may require each applicant for a	79718
manufactured housing dealer's license, manufactured housing	79719
broker's license, and manufactured housing salesperson's license	79720
issued under this chapter to pay an additional fee, which shall be	79721
used by the commission to pay the costs of obtaining a record of	79722
any arrests and convictions of the applicant from the bureau of	79723
identification and investigation. The amount of the fee shall be	79724
equal to that paid by the commission to obtain such record.	79725

(C) In the event of the loss, mutilation, or destruction of a	79726
manufactured housing dealer's license, manufactured housing	79727
broker's license, or manufactured housing salesperson's license,	79728
any licensee may make application to the commission, in the form	79729
prescribed by the commission, for a duplicate copy thereof and pay	79730
a fee established by the commission.	79731

(D) All manufactured housing dealers' licenses, all	79732
manufactured housing brokers' licenses, and all manufactured	79733
housing salespersons' licenses issued or renewed shall expire	79734
biennially on a day within the two-year cycle that is prescribed	79735
by the manufactured homes commission, unless sooner suspended or	79736
revoked. Before the first day after the day prescribed by the	79737
commission in the year that the license expires, each licensed	79738
manufactured housing dealer, manufactured housing broker, and	79739
manufactured housing salesperson, in the year in which the license	79740
will expire, shall file an application, in such form as the	79741
commission prescribes, for the renewal of such license. The fee	79742
required by this section for the original license shall accompany	79743
the application.	79744

(E) Each manufactured housing dealer and manufactured housing	79745
broker shall keep the license or a certified copy thereof and a	79746
current list of the dealer's or the broker's licensed	79747
salespersons, showing the names, addresses, and serial numbers of	79748
their licenses, posted in a conspicuous place in each place of	79749
business. Each salesperson shall carry the salesperson's license	79750
or a certified copy thereof and shall exhibit such license or copy	79751
upon demand to any inspector of the commission, state highway	79752
patrol trooper, police officer, or person with whom the	79753
salesperson seeks to transact business as a manufactured housing	79754
salesperson.	79755

Sec. 4781.20. The applications for licenses submitted under	79756
section 4781.17 of the Revised Code are not part of the public	79757
records but are confidential information for the use of the	79758
manufactured homes commission. No person shall divulge any	79759
information contained in such applications and acquired by the	79760
person in the person's capacity as an official or employee of the	79761
manufactured homes commission, except in a report to the	79762
commission, or when called upon to testify in any court or	79763
proceeding.	79764

Sec. 4781.21. (A) The manufactured homes commission may make	79765
rules governing its actions relative to the suspension and	79766
revocation of manufactured housing dealers', manufactured housing	79767
brokers', and manufactured housing salespersons' licenses, and	79768
may, upon its own motion, and shall, upon the verified complaint	79769
in writing of any person, investigate the conduct of any licensee	79770
under this chapter. The commission shall suspend, revoke, or	79771
refuse to renew any manufactured housing dealer's, manufactured	79772
housing broker's, or manufactured housing salesperson's license,	79773
if any ground existed upon which the license might have been	79774
refused, or if a ground exists that would be cause for refusal to	79775
issue a license.	79776

The commission may suspend or revoke any license if the	79777
licensee has in any manner violated the rules adopted by the	79778
commission under this chapter, or has been convicted of committing	79779
a felony or violating any law that in any way relates to the	79780
selling, taxing, licensing, or regulation of sales of manufactured	79781
or mobile homes.	79782

(B) Any salesperson's license shall be suspended upon the	79783
termination, suspension, or revocation of the license of the	79784
manufactured housing dealer or manufactured housing broker for	79785
whom the salesperson is acting, or upon the salesperson leaving	79786
the service of the manufactured housing dealer or manufactured	79787
housing broker. Upon the termination, suspension, or revocation of	79788
the license of the manufactured housing dealer or manufactured	79789
housing broker for whom the salesperson is acting, or upon the	79790
salesperson leaving the service of a licensed manufactured housing	79791
or manufactured housing broker, the licensed salesperson may make	79792
application to the commission, in such form as the commission	79793
prescribes, to have the salesperson's license reinstated,	79794
transferred, and registered as a salesperson for another dealer or	79795
broker. If the information contained in the application is	79796
satisfactory to the commission, the commission shall reinstate,	79797
transfer, or register the salesperson's license as a salesperson	79798
for other dealer or broker. The commission shall establish the fee	79799
for the reinstatement and transfer of license. No license issued	79800
to a dealer, broker, or salesperson under this chapter may be	79801
transferred to any other person.	79802

(C) Any person whose manufactured housing dealer's license,	79803
manufactured housing broker's license, or manufactured housing	79804
salesperson's license is revoked, suspended, denied, or not	79805
renewed may request an adjudication hearing on the matter within	79806
thirty days after receipt of the notice of the action. If no	79807
appeal is taken within thirty days after receipt of the order, the	79808
order is final and conclusive. All appeals must be by petition in	79809
writing and verified under oath by the applicant whose application	79810
for license has been revoked, suspended, denied, or not renewed	79811
and must set forth the reason for the appeal and the reason why,	79812
in the petitioner's opinion, the order is not correct. In such	79813
appeals the board may make investigation to determine the	79814
correctness and legality of the appealed order. The hearing shall	79815
be held in accordance with Chapter 119. of the Revised Code.	79816

Sec. 4781.22. No manufactured housing dealer licensed under	79817
this chapter shall do any of the following:	79818

(A) Directly or indirectly, solicit the sale of a	79819
manufactured home or mobile home through an interested person	79820
other than a salesperson licensed in the employ of a licensed	79821
dealer;	79822

(B) Pay any commission or compensation in any form to any	79823
person in connection with the sale of a manufactured home or	79824
mobile home unless the person is licensed as a salesperson in the	79825
employ of the dealer;	79826

(C) Fail to immediately notify the manufactured homes	79827
commission upon termination of the employment of any person	79828
licensed as a salesperson to sell, display, offer for sale, or	79829
deal in manufactured homes or mobile homes for the dealer.	79830

Sec. 4781.23. (A) Each licensed manufactured housing dealer	79831
and manufactured housing broker shall notify the manufactured	79832
homes commission of any change in status as a manufactured housing	79833
dealer or manufactured housing broker during the period for which	79834
the dealer or broker is licensed, if the change of status concerns	79835
either of the following:	79836

(1) Personnel of owners, partners, officers, or directors;

79837

(2) Location of an office or principal place of business.

79838

(B) The notification required by division (A) of this section	79839
shall be made by filing with the commission, within fifteen days	79840
after the change of status, a supplemental statement in a form	79841
prescribed by the commission showing in what respect the status	79842
has been changed.	79843

The commission may adopt a rule exempting from the	79844
notification requirement of division (A)(1) of this section any	79845
dealer if stock in the dealer or its parent company is publicly	79846
traded and if there are public records filed with and in the	79847
possession of state or federal agencies that provide the	79848
information required by division (A)(1) of this section.	79849

Sec. 4781.24. (A) Every retail sale of a manufactured home	79850
or mobile home shall be preceded by a written contract that shall	79851
contain all of the agreements of the parties and shall be signed	79852
by the buyer and the seller. The seller, upon execution of the	79853
contract and before the delivery of the manufactured or mobile	79854
home, shall deliver to the buyer a copy of the contract that shall	79855
clearly describe all of the following:	79856

(1) The home sold to the buyer, including, where applicable,	79857
its vehicle identification number;	79858

(2) The sale price of the home, and, if applicable, the	79859
amount paid down by the buyer;	79860

(3) The amount credited to the buyer for any trade-in and a	79861
description thereof;	79862

(4) The amount of any finance charge;

79863

(5) The amount charged for any home insurance and a statement	79864
of the types of insurance provided by the policy or policies;	79865

(6) The amount of any other charge and a specification of its	79866
purpose;	79867

(7) The net balance of payment due from the buyer including	79868
the terms of the payment of the net balance.	79869

(B) A manufactured housing dealer may contract for and	79870
receive a documentary service charge for a retail sale of a	79871
manufactured home or mobile home. The documentary service charge	79872
shall be specified in writing without itemization of the	79873
individual services provided and shall not be more than the lesser	79874
of the following:	79875

(1) The amount allowed in a retail installment contract;

79876

(2) Ten per cent of the amount the buyer is required to pay	79877
pursuant to the contract, excluding tax, title, and registration	79878
fees, and any negative equity adjustment.	79879

(C) This section does not apply to a casual sale of a	79880
manufactured home or mobile home.	79881

Sec. 4781.25. The manufactured homes commission shall adopt	79882
rules for the regulation of manufactured housing brokers in	79883
accordance with Chapter 119. of the Revised Code. The rules shall	79884
require that a manufactured housing broker maintain a bond of a	79885
surety company authorized to transact business in this state in an	79886
amount determined by the commission. The rules also shall require	79887
each person licensed as a manufactured housing broker to maintain	79888
at all times a special or trust bank account that is	79889
noninterest-bearing, is separate and distinct from any personal or	79890
other account of the broker, and into which shall be deposited and	79891
maintained all escrow funds, security deposits, and other moneys	79892
received by the broker in a fiduciary capacity. In a form	79893
determined by the commission, a manufactured housing broker shall	79894
submit written proof to the commission of the continued	79895
maintenance of the special or trust account. A depository where	79896
special or trust accounts are maintained in accordance with this	79897
section shall be located in this state.	79898

Sec. 4781.99. (A) Whoever violates division (A) of section	79899
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	79900
first offense and shall be subject to a mandatory fine of one	79901
hundred dollars. On a second offense, the person is guilty of a	79902
misdemeanor of the first degree and shall be subject to a	79903
mandatory fine of one thousand dollars.	79904

(B) Whoever violates section 4781.20 of the Revised Code is	79905
guilty of a minor misdemeanor.	79906

(C) Whoever violates any of the following is guilty of a	79907
misdemeanor of the fourth degree:	79908

(1) Division (B) or (C) of section 4781.16 of the Revised	79909
Code;	79910

(2) Section 4781.22 of the Revised Code;

79911

(3) Section 4781.23 of the Revised Code;

79912

(4) Division (A) of section 4781.24 of the Revised Code;

79913

(5) Section 4781.25 of the Revised Code.

79914

Sec. 4905.06. The public utilities commission has general	79915
supervision over all public utilities within its jurisdiction as	79916
defined in section 4905.05 of the Revised Code, and may examine	79917
such public utilities and keep informed as to their general	79918
condition, capitalization, and franchises, and as to the manner in	79919
which their properties are leased, operated, managed, and	79920
conducted with respect to the adequacy or accommodation afforded	79921
by their service, the safety and security of the public and their	79922
employees, and their compliance with all laws, orders of the	79923
commission, franchises, and charter requirements. The commission	79924
has general supervision over all other companies referred to in	79925
section 4905.05 of the Revised Code to the extent of its	79926
jurisdiction as defined in that section, and may examine such	79927
companies and keep informed as to their general condition and	79928
capitalization, and as to the manner in which their properties are	79929
leased, operated, managed, and conducted with respect to the	79930
adequacy or accommodation afforded by their service, and their	79931
compliance with all laws and orders of the commission, insofar as	79932
any of such matters may relate to the costs associated with the	79933
provision of electric utility service by public utilities in this	79934
state which are affiliated or associated with such companies. The	79935
commission, through the public utilities commissioners or	79936
inspectors or employees of the commission authorized by it, may	79937
enter in or upon, for purposes of inspection, any property,	79938
equipment, building, plant, factory, office, apparatus, machinery,	79939
device, and lines of any public utility. The power to inspect	79940
includes the power to prescribe any rule or order that the	79941
commission finds necessary for protection of the public safety. In	79942
order to assist the commission in the performance of its duties	79943
under this chapter, authorized employees of the motor carrier	79944
enforcement unit, created under section 5503.34 of the Revised	79945
Code in the division of state highway patrol, of the department of	79946
public safety may enter in or upon, for inspection purposes, any	79947
motor vehicle of any motor transportation company or private motor	79948
carrier as defined in section 4923.02 of the Revised Code.	79949

In order to inspect motor vehicles owned or operated by a	79950
motor transportation company engaged in the transportation of	79951
persons, authorized employees of the motor carrier enforcement	79952
unit, division of state highway patrol, of the department of	79953
public safety and authorized sheriffs, deputy sheriffs, and	79954
municipal police officers acting pursuant to section 311.32 or	79955
737.39 of the Revised Code and in accordance with memoranda of	79956
agreement entered into under section 4919.80 of the Revised Code	79957
may enter in or upon any property of any motor transportation	79958
company, as defined in section 4921.02 of the Revised Code,	79959
engaged in the intrastate transportation of persons.	79960

Sec. 4919.79. (A) The public utilities commission may adopt	79961
safety rules applicable to the highway transportation and offering	79962
for transportation of hazardous materials in interstate commerce,	79963
which highway transportation takes place into or through this	79964
state.	79965

(B) The commission may adopt safety rules applicable to the	79966
highway transportation of persons or property in interstate	79967
commerce, which transportation takes place into or through this	79968
state.	79969

(C) Rules adopted under divisions (A) and (B) of this section	79970
shall be consistent with, and equivalent in scope, coverage, and	79971
content to, the "Hazardous Materials Transportation Act," 88 Stat.	79972
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	79973
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	79974
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	79975
respectively. No person shall violate a rule adopted under	79976
division (A) or (B) of this section or any order of the commission	79977
issued to secure compliance with any such rule.	79978

(D) The commission shall cooperate with, and permit the use	79979
of, the services, records, and facilities of the commission as	79980
fully as practicable by appropriate officers of the interstate	79981
commerce commission, the United States department of	79982
transportation, and other federal agencies or commissions and	79983
appropriate commissions of other states in the enforcement and	79984
administration of state and federal laws relating to highway	79985
transportation by motor vehicles. The commission may enter into	79986
cooperative agreements with the interstate commerce commission,	79987
the United States department of transportation, and any other	79988
federal agency or commission to enforce the economic and safety	79989
laws and rules of this state and of the United States concerning	79990
highway transportation by motor vehicles. All grants-in-aid, cash,	79991
and reimbursements received by the commission pursuant to those	79992
cooperative agreements shall be deposited to the credit of the	79993
motor carrier safety fund, which is hereby created in the state	79994
treasury, to be used by the commission for the purpose of carrying	79995
out this section.	79996

(E) To achieve the purposes of this section, the commission,	79997
through its inspectors or other authorized employees, may inspect	79998
any vehicles of carriers of persons or property in interstate	79999
commerce subject to the safety rules prescribed by this section	80000
and may enter upon the premises and vehicles of such carriers to	80001
examine any of the carriers' records or documents that relate to	80002
the safety of operation of such carriers. In order to assist the	80003
commission in the performance of its duties under this section,	80004
authorized employees of the motor carrier enforcement unit,	80005
created under section 5503.34 of the Revised Code in the division	80006
of state highway patrol, of the department of public safety and	80007
authorized sheriffs, deputy sheriffs, and municipal police	80008
officers acting pursuant to section 311.32 or 737.39 of the	80009
Revised Code and in accordance with memoranda of agreement entered	80010
into under section 4919.80 of the Revised Code may enter in or	80011
upon, for purposes of inspection, any vehicle of any such carrier.	80012

In order to inspect motor vehicles owned or operated by	80013
private motor carriers of persons, authorized employees of the	80014
motor carrier enforcement unit, division of state highway patrol,	80015
of the department of public safety may enter in or upon the	80016
premises of any private carrier of persons in interstate commerce,	80017
subject to the safety rules prescribed by this section.	80018

Sec. 4919.80. (A) The public utilities commission shall	80019
adopt any rules it finds necessary regarding sheriff, deputy	80020
sheriff, and municipal police officer authority under sections	80021
311.32 and 737.39 of the Revised Code. The rules shall include all	80022
of the following:	80023

(1) Specification of the form, manner, and time in which any	80024
violation cited pursuant to either such section must be forwarded	80025
to the commission;	80026

(2) Specification of the training, education, and	80027
certification required to act under those sections;	80028

(3) The eligibility of, and procedures to be followed by, the	80029
legislative authority of a county or municipal corporation to	80030
apply to the commission for reimbursement only of training and	80031
equipment costs incurred by the county or municipal corporation	80032
pursuant to section 311.32 or 737.39 of the Revised Code.	80033

(B) The commission shall establish a memorandum of agreement,	80034
and the procedures for entering into that memorandum, between the	80035
commission and the legislative authority of a county or municipal	80036
corporation in relation to enforcement under sections 311.32 and	80037
737.39 of the Revised Code.	80038

(C) All forfeitures collected pursuant to section 311.32 or	80039
737.39 of the Revised Code shall be deposited to the credit of the	80040
local commercial motor vehicle enforcement fund, which is hereby	80041
created in the state treasury. An amount not exceeding the first	80042
two hundred thousand dollars of forfeitures so deposited in a	80043
fiscal year shall be used by the commission for the administration	80044
of the fund and to carry out its duties under this section. Any	80045
excess forfeitures not exceeding one million two hundred thousand	80046
dollars deposited in the fiscal year shall be distributed by the	80047
commission to the legislative authority of any county or municipal	80048
corporation upon application pursuant to the rules adopted under	80049
division (A)(3) of this section. All forfeitures collected and	80050
equal to or greater than one million two hundred thousand dollars	80051
in a fiscal year shall be deposited to the credit of the general	80052
revenue fund.	80053

Sec. 4923.12. (A) The taxes imposed by sections 4921.18 and	80054
4923.11 of the Revised Code shall be paid to the treasurer of	80055
state. The first received remittances of the taxes in each fiscal	80056
year shall be credited to the public utilities fund until the	80057
aggregate credit from the taxes, and from the fees collected under	80058
division (B) of this section, in a fiscal year amounts to a sum	80059
equal to the appropriation from the public utilities fund made by	80060
the general assembly for defraying all expenses incident to	80061
maintaining the nonrailroad transportation activities of the	80062
public utilities commission. Receipt of the taxes subsequent	80063
thereto, after receipt by the treasurer of state of certifications	80064
from the commissioners of the sinking fund certifying, as required	80065
by sections 5528.15 and 5528.35 of the Revised Code, that there	80066
are sufficient moneys to the credit of the highway improvement	80067
bond retirement fund created by section 5528.12 of the Revised	80068
Code to meet in full all payments of interest, principal, and	80069
charges for the retirement of bonds and other obligations issued	80070
pursuant to Section 2g of Article VIII, Ohio Constitution and	80071
sections 5528.10 and 5528.11 of the Revised Code, due and payable	80072
during the current calendar year, and that there are sufficient	80073
moneys to the credit of the highway obligations bond retirement	80074
fund created by section 5528.32 of the Revised Code to meet in	80075
full all payments of interest, principal, and charges for the	80076
retirement of highway obligations issued pursuant to Section 2i of	80077
Article VIII, Ohio Constitution and sections 5528.30 and 5528.31	80078
of the Revised Code due and payable during the current calendar	80079
year, shall be paid into the state treasury to the credit of the	80080
state highway safety fund created by section 4501.06 of the	80081
Revised Code, and shall be subject to appropriation solely for the	80082
expense of operation and maintenance of the department of public	80083
safety.	80084

(B) The fees set by the commission in accordance with	80085
sections 4919.76 and 4919.77 of the Revised Code shall be credited	80086
to the public utilities fund except for those fees collected on	80087
behalf of other states participating in the single state insurance	80088
registration program, which shall be credited to the base state	80089
registration fund, which is hereby created in the state treasury.	80090

(C) ~~The~~Except as provided in section 4919.80 of the Revised	80091
Code, the forfeitures imposed by sections 4919.99, 4921.99, and	80092
4923.99 of the Revised Code shall be paid to the treasurer of	80093
state. The first received remittances of the forfeitures in each	80094
fiscal year shall be credited to the transportation enforcement	80095
fund, which is hereby created in the state treasury, until the	80096
aggregate credit in the fiscal year is equal to the appropriation	80097
in the fund for the fiscal year less any outstanding unencumbered	80098
cash balance from the previous fiscal year in the fund. All	80099
forfeitures subsequently received shall be credited to the general	80100
revenue fund. The public utilities commission shall use the	80101
transportation enforcement fund to administer the civil forfeiture	80102
program of sections 4919.99, 4921.99, and 4923.99 of the Revised	80103
Code.	80104

(D) If the director of budget and management determines that	80105
the balance of the public utilities fund will be less than the	80106
appropriations from the fund, the director shall transfer from the	80107
general revenue fund to the public utilities fund an amount equal	80108
to the difference between the balance of the public utilities fund	80109
and the amount needed to support the appropriations from that	80110
fund. If the director subsequently determines that the balance and	80111
revenues of the public utilities fund during the fiscal year will	80112
exceed the amount needed to support the appropriations from the	80113
fund, the director shall transfer the excess, up to the amount of	80114
the original transfer, back to the general revenue fund.	80115

Sec. 4923.20. (A) As used in this section:

80116

(1) "Private motor carrier" has the same meaning as in	80117
section 4923.02 of the Revised Code, except that it includes only	80118
private motor carriers operating on a not-for-hire basis and	80119
excludes all private motor carriers operating on a for-hire basis.	80120

(2) "Commercial motor vehicle" has the same meaning as in the	80121
"Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701,	80122
as amended, except that "commerce" means trade, traffic, and	80123
transportation solely within this state.	80124

(B) The public utilities commission may adopt and enforce	80125
rules concerning the safety of operation of commercial motor	80126
vehicles by private motor carriers, except that the rules shall	80127
not affect any rights or duties granted to or imposed upon the	80128
operator of such a motor vehicle by Chapter 4511. of the Revised	80129
Code.	80130

(C) The commission may adopt safety rules applicable to the	80131
transportation of hazardous materials by private motor carriers by	80132
means of commercial motor vehicles and applicable to the offering	80133
of hazardous materials for such transportation. The rules shall be	80134
consistent with, and equivalent in scope, coverage, and content	80135
to, the "Hazardous Materials Transportation Act," 88 Stat. 2156	80136
(1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	80137
under it.	80138

(D) To achieve the purposes of this section, the commission	80139
may, through inspectors or other authorized employees, inspect any	80140
motor vehicles of such carriers and may enter upon the premises	80141
and vehicles of the carriers to examine any of the carriers'	80142
records or documents that relate to the safety of operation of	80143
private motor carriers. In order to assist the commission in	80144
performing its duties under this section, authorized employees of	80145
the motor carrier enforcement unit, created under section 5503.34	80146
of the Revised Code in the division of state highway patrol, of	80147
the department of public safety may enter in or upon, for purposes	80148
of inspection, any motor vehicle of any such carrier.	80149

In order to inspect motor vehicles owned or operated by	80150
private motor carriers engaged in the transportation of persons,	80151
authorized employees of the motor carrier enforcement unit,	80152
division of state highway patrol, of the department of public	80153
safety and authorized sheriffs, deputy sheriffs, and municipal	80154
police officers acting pursuant to section 311.32 or 737.39 of the	80155
Revised Code and in accordance with memoranda of agreement entered	80156
into under section 4919.80 of the Revised Code may enter in or	80157
upon the premises of any private motor carrier engaged in the	80158
intrastate transportation of persons.	80159

(E) No private motor carrier or person offering hazardous	80160
materials for transportation by private motor carrier shall fail	80161
to comply with any order, decision, or rule adopted under this	80162
section or any order of the commission issued to secure compliance	80163
with any such rule.	80164

Sec. 4928.01. (A) As used in this chapter:

80165

(1) "Ancillary service" means any function necessary to the	80166
provision of electric transmission or distribution service to a	80167
retail customer and includes, but is not limited to, scheduling,	80168
system control, and dispatch services; reactive supply from	80169
generation resources and voltage control service; reactive supply	80170
from transmission resources service; regulation service; frequency	80171
response service; energy imbalance service; operating	80172
reserve-spinning reserve service; operating reserve-supplemental	80173
reserve service; load following; back-up supply service;	80174
real-power loss replacement service; dynamic scheduling; system	80175
black start capability; and network stability service.	80176

(2) "Billing and collection agent" means a fully independent	80177
agent, not affiliated with or otherwise controlled by an electric	80178
utility, electric services company, electric cooperative, or	80179
governmental aggregator subject to certification under section	80180
4928.08 of the Revised Code, to the extent that the agent is under	80181
contract with such utility, company, cooperative, or aggregator	80182
solely to provide billing and collection for retail electric	80183
service on behalf of the utility company, cooperative, or	80184
aggregator.	80185

(3) "Certified territory" means the certified territory	80186
established for an electric supplier under sections 4933.81 to	80187
4933.90 of the Revised Code.	80188

(4) "Competitive retail electric service" means a component	80189
of retail electric service that is competitive as provided under	80190
division (B) of this section.	80191

(5) "Electric cooperative" means a not-for-profit electric	80192
light company that both is or has been financed in whole or in	80193
part under the "Rural Electrification Act of 1936," 49 Stat. 1363,	80194
7 U.S.C. 901, and owns or operates facilities in this state to	80195
generate, transmit, or distribute electricity, or a not-for-profit	80196
successor of such company.	80197

(6) "Electric distribution utility" means an electric utility	80198
that supplies at least retail electric distribution service.	80199

(7) "Electric light company" has the same meaning as in	80200
section 4905.03 of the Revised Code and includes an electric	80201
services company, but excludes any self-generator to the extent	80202
that it consumes electricity it so produces, sells that	80203
electricity for resale, or obtains electricity from a generating	80204
facility it hosts on its premises.	80205

(8) "Electric load center" has the same meaning as in section	80206
4933.81 of the Revised Code.	80207

(9) "Electric services company" means an electric light	80208
company that is engaged on a for-profit or not-for-profit basis in	80209
the business of supplying or arranging for the supply of only a	80210
competitive retail electric service in this state. "Electric	80211
services company" includes a power marketer, power broker,	80212
aggregator, or independent power producer but excludes an electric	80213
cooperative, municipal electric utility, governmental aggregator,	80214
or billing and collection agent.	80215

(10) "Electric supplier" has the same meaning as in section	80216
4933.81 of the Revised Code.	80217

(11) "Electric utility" means an electric light company that	80218
has a certified territory and is engaged on a for-profit basis	80219
either in the business of supplying a noncompetitive retail	80220
electric service in this state or in the businesses of supplying	80221
both a noncompetitive and a competitive retail electric service	80222
in this state. "Electric utility" excludes a municipal electric	80223
utility or a billing and collection agent.	80224

(12) "Firm electric service" means electric service other	80225
than nonfirm electric service.	80226

(13) "Governmental aggregator" means a legislative authority	80227
of a municipal corporation, a board of township trustees, or a	80228
board of county commissioners acting as an aggregator for the	80229
provision of a competitive retail electric service under authority	80230
conferred under section 4928.20 of the Revised Code.	80231

(14) A person acts "knowingly," regardless of the person's	80232
purpose, when the person is aware that the person's conduct will	80233
probably cause a certain result or will probably be of a certain	80234
nature. A person has knowledge of circumstances when the person is	80235
aware that such circumstances probably exist.	80236

(15) "Level of funding for low-income customer energy	80237
efficiency programs provided through electric utility rates" means	80238
the level of funds specifically included in an electric utility's	80239
rates on October 5, 1999, pursuant to an order of the public	80240
utilities commission issued under Chapter 4905. or 4909. of the	80241
Revised Code and in effect on October 4, 1999, for the purpose of	80242
improving the energy efficiency of housing for the utility's	80243
low-income customers. The term excludes the level of any such	80244
funds committed to a specific nonprofit organization or	80245
organizations pursuant to a stipulation or contract.	80246

(16) "Low-income customer assistance programs" means the	80247
percentage of income payment plan program, the home energy	80248
assistance program, the home weatherization assistance program,	80249
and the targeted energy efficiency and weatherization program.	80250

(17) "Market development period" for an electric utility	80251
means the period of time beginning on the starting date of	80252
competitive retail electric service and ending on the applicable	80253
date for that utility as specified in section 4928.40 of the	80254
Revised Code, irrespective of whether the utility applies to	80255
receive transition revenues under this chapter.	80256

(18) "Market power" means the ability to impose on customers	80257
a sustained price for a product or service above the price that	80258
would prevail in a competitive market.	80259

(19) "Mercantile customer" means a commercial or industrial	80260
customer if the electricity consumed is for nonresidential use and	80261
the customer consumes more than seven hundred thousand kilowatt	80262
hours per year or is part of a national account involving multiple	80263
facilities in one or more states.	80264

(20) "Municipal electric utility" means a municipal	80265
corporation that owns or operates facilities to generate,	80266
transmit, or distribute electricity.	80267

(21) "Noncompetitive retail electric service" means a	80268
component of retail electric service that is noncompetitive as	80269
provided under division (B) of this section.	80270

(22) "Nonfirm electric service" means electric service	80271
provided pursuant to a schedule filed under section 4905.30 of the	80272
Revised Code or pursuant to an arrangement under section 4905.31	80273
of the Revised Code, which schedule or arrangement includes	80274
conditions that may require the customer to curtail or interrupt	80275
electric usage during nonemergency circumstances upon	80276
notification by an electric utility.	80277

(23) "Percentage of income payment plan arrears" means funds	80278
eligible for collection through the percentage of income payment	80279
plan rider, but uncollected as of July 1, 2000.	80280

(24) "Person" has the same meaning as in section 1.59 of the	80281
Revised Code.	80282

(25) "Advanced energy project" means any technologies,	80283
products, activities, or management practices or strategies that	80284
facilitate the generation or use of electricity or energy and that	80285
reduce or support the reduction of energy consumption or support	80286
the production of clean, renewable energy for industrial,	80287
distribution, commercial, institutional, governmental, research,	80288
not-for-profit, or residential energy users, including, but not	80289
limited to, advanced energy resources and renewable energy	80290
resources. "Advanced energy project" also includes any project	80291
described in division (A), (B), or (C) of section 4928.621 of the	80292
Revised Code.	80293

(26) "Regulatory assets" means the unamortized net	80294
regulatory assets that are capitalized or deferred on the	80295
regulatory books of the electric utility, pursuant to an order or	80296
practice of the public utilities commission or pursuant to	80297
generally accepted accounting principles as a result of a prior	80298
commission rate-making decision, and that would otherwise have	80299
been charged to expense as incurred or would not have been	80300
capitalized or otherwise deferred for future regulatory	80301
consideration absent commission action. "Regulatory assets"	80302
includes, but is not limited to, all deferred demand-side	80303
management costs; all deferred percentage of income payment plan	80304
arrears; post-in-service capitalized charges and assets recognized	80305
in connection with statement of financial accounting standards no.	80306
109 (receivables from customers for income taxes); future nuclear	80307
decommissioning costs and fuel disposal costs as those costs have	80308
been determined by the commission in the electric utility's most	80309
recent rate or accounting application proceeding addressing such	80310
costs; the undepreciated costs of safety and radiation control	80311
equipment on nuclear generating plants owned or leased by an	80312
electric utility; and fuel costs currently deferred pursuant to	80313
the terms of one or more settlement agreements approved by the	80314
commission.	80315

(27) "Retail electric service" means any service involved in	80316
supplying or arranging for the supply of electricity to ultimate	80317
consumers in this state, from the point of generation to the	80318
point of consumption. For the purposes of this chapter, retail	80319
electric service includes one or more of the following "service	80320
components": generation service, aggregation service, power	80321
marketing service, power brokerage service, transmission service,	80322
distribution service, ancillary service, metering service, and	80323
billing and collection service.	80324

(28) "Starting date of competitive retail electric service"	80325
means January 1, 2001.	80326

(29) "Customer-generator" means a user of a net metering	80327
system.	80328

(30) "Net metering" means measuring the difference in an	80329
applicable billing period between the electricity supplied by an	80330
electric service provider and the electricity generated by a	80331
customer-generator that is fed back to the electric service	80332
provider.	80333

(31) "Net metering system" means a facility for the	80334
production of electrical energy that does all of the following:	80335

(a) Uses as its fuel either solar, wind, biomass, landfill	80336
gas, or hydropower, or uses a microturbine or a fuel cell;	80337

(b) Is located on a customer-generator's premises;

80338

(c) Operates in parallel with the electric utility's	80339
transmission and distribution facilities;	80340

(d) Is intended primarily to offset part or all of the	80341
customer-generator's requirements for electricity.	80342

(32) "Self-generator" means an entity in this state that	80343
owns or hosts on its premises an electric generation facility	80344
that produces electricity primarily for the owner's consumption	80345
and that may provide any such excess electricity to another	80346
entity, whether the facility is installed or operated by the	80347
owner or by an agent under a contract.	80348

(33) "Rate plan" means the standard service offer in effect	80349
on the effective date of the amendment of this section by S.B. 221	80350
of the 127th general assembly, July 31, 2008.	80351

(34) "Advanced energy resource" means any of the following:

80352

(a) Any method or any modification or replacement of any	80353
property, process, device, structure, or equipment that increases	80354
the generation output of an electric generating facility to the	80355
extent such efficiency is achieved without additional carbon	80356
dioxide emissions by that facility;	80357

(b) Any distributed generation system consisting of customer	80358
cogeneration of electricity and thermal output simultaneously,	80359
primarily to meet the energy needs of the customer's facilities;	80360

(c) Clean coal technology that includes a carbon-based	80361
product that is chemically altered before combustion to	80362
demonstrate a reduction, as expressed as ash, in emissions of	80363
nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or	80364
sulfur trioxide in accordance with the American society of testing	80365
and materials standard D1757A or a reduction of metal oxide	80366
emissions in accordance with standard D5142 of that society, or	80367
clean coal technology that includes the design capability to	80368
control or prevent the emission of carbon dioxide, which design	80369
capability the commission shall adopt by rule and shall be based	80370
on economically feasible best available technology or, in the	80371
absence of a determined best available technology, shall be of	80372
the highest level of economically feasible design capability for	80373
which there exists generally accepted scientific opinion;	80374

(d) Advanced nuclear energy technology consisting of	80375
generation III technology as defined by the nuclear regulatory	80376
commission; other, later technology; or significant improvements	80377
to existing facilities;	80378

(e) Any fuel cell used in the generation of electricity,	80379
including, but not limited to, a proton exchange membrane fuel	80380
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	80381
solid oxide fuel cell;	80382

(f) Advanced solid waste or construction and demolition	80383
debris conversion technology, including, but not limited to,	80384
advanced stoker technology, and advanced fluidized bed	80385
gasification technology, that results in measurable greenhouse	80386
gas emissions reductions as calculated pursuant to the United	80387
States environmental protection agency's waste reduction model	80388
(WARM).	80389

(g) Demand-side management and any energy efficiency	80390
improvement.	80391

(35) "Renewable energy resource" means solar photovoltaic or	80392
solar thermal energy, wind energy, power produced by a	80393
hydroelectric facility, geothermal energy, fuel derived from	80394
solid wastes, as defined in section 3734.01 of the Revised Code,	80395
through fractionation, biological decomposition, or other	80396
process that does not principally involve combustion, biomass	80397
energy, biologically derived methane gas, methane gas emitted	80398
from an abandoned coal mine, or energy derived from nontreated	80399
by-products of the pulping process or wood manufacturing	80400
process, including bark, wood chips, sawdust, and lignin in	80401
spent pulping liquors. "Renewable energy resource" includes,	80402
but is not limited to, any fuel cell used in the generation	80403
of electricity, including, but not limited to, a proton	80404
exchange membrane fuel cell, phosphoric acid fuel cell, molten	80405
carbonate fuel cell, or solid oxide fuel cell; wind turbine	80406
located in the state's territorial waters of Lake Erie; storage	80407
facility that will promote the better utilization of a renewable	80408
energy resource that primarily generates off peak; or distributed	80409
generation system used by a customer to generate electricity	80410
from any such energy. As used in division (A)(35) of this	80411
section, "hydroelectric facility" means a hydroelectric	80412
generating facility that is located at a dam on a river, or on	80413
any water discharged to a river, that is within or bordering this	80414
state or within or bordering an adjoining state and meets all of	80415
the following standards:	80416

(a) The facility provides for river flows that are not	80417
detrimental for fish, wildlife, and water quality, including	80418
seasonal flow fluctuations as defined by the applicable licensing	80419
agency for the facility.	80420

(b) The facility demonstrates that it complies with the	80421
water quality standards of this state, which compliance may	80422
consist of certification under Section 401 of the "Clean Water	80423
Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and	80424
demonstrates that it has not contributed to a finding by this	80425
state that the river has impaired water quality under Section	80426
303(d) of the "Clean Water Act of 1977," 114 Stat. 870, 33	80427
U.S.C. 1313.	80428

(c) The facility complies with mandatory prescriptions	80429
regarding fish passage as required by the federal energy	80430
regulatory commission license issued for the project, regarding	80431
fish protection for riverine, anadromous, and catadromus fish.	80432

(d) The facility complies with the recommendations of the	80433
Ohio environmental protection agency and with the terms of its	80434
federal energy regulatory commission license regarding watershed	80435
protection, mitigation, or enhancement, to the extent of each	80436
agency's respective jurisdiction over the facility.	80437

(e) The facility complies with provisions of the "Endangered	80438
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	80439
amended.	80440

(f) The facility does not harm cultural resources of the	80441
area. This can be shown through compliance with the terms of its	80442
federal energy regulatory commission license or, if the facility	80443
is not regulated by that commission, through development of a plan	80444
approved by the Ohio historic preservation office, to the extent	80445
it has jurisdiction over the facility.	80446

(g) The facility complies with the terms of its federal	80447
energy regulatory commission license or exemption that are related	80448
to recreational access, accommodation, and facilities or, if the	80449
facility is not regulated by that commission, the facility	80450
complies with similar requirements as are recommended by	80451
resource agencies, to the extent they have jurisdiction over the	80452
facility; and the facility provides access to water to the	80453
public without fee or charge.	80454

(h) The facility is not recommended for removal by any	80455
federal agency or agency of any state, to the extent the	80456
particular agency has jurisdiction over the facility.	80457

(B) For the purposes of this chapter, a retail electric	80458
service component shall be deemed a competitive retail electric	80459
service if the service component is competitive pursuant to a	80460
declaration by a provision of the Revised Code or pursuant to an	80461
order of the public utilities commission authorized under division	80462
(A) of section 4928.04 of the Revised Code. Otherwise, the	80463
service component shall be deemed a noncompetitive retail electric	80464
service.	80465

Sec. 5101.073. There is hereby created in the state treasury	80466
the ODJFS general services administration and operating fund. The	80467
director of job and family services may submit a deposit	80468
modification and payment detail report to the treasurer of state	80469
after the completion of the reconciliation of all final	80470
transactions with the federal government regarding a federal grant	80471
for a program the department of job and family services	80472
administers and a final closeout for the grant. On receipt of the	80473
report, the treasurer of state shall transfer the money in the	80474
refunds and audit settlements fund that is the subject of the	80475
report to the ODJFS general services administration and operating	80476
fund. Money in the ODJFS general services administration and	80477
operating fund shall be used to pay for the expenses of the	80478
programs the department administers and the department's	80479
administrative expenses, including the costs of state hearings	80480
under section 5101.35 of the Revised Code, required audit	80481
adjustments, and other related expenses.	80482

Sec. 5101.11. This section does not apply to contracts	80483
entered into under section 5111.90 or 5111.91 of the Revised Code.	80484

(A) As used in this section:

80485

(1) "Entity" includes an agency, board, commission, or	80486
department of the state or a political subdivision of the state; a	80487
private, nonprofit entity; a school district; a private school; or	80488
a public or private institution of higher education.	80489

(2) "Federal financial participation" means the federal	80490
government's share of expenditures made by an entity in	80491
implementing a program administered by the department of job and	80492
family services.	80493

(B) At the request of any public entity having authority to	80494
implement a program administered by the department of job and	80495
family services or any private entity under contract with a public	80496
entity to implement a program administered by the department, the	80497
department may seek to obtain federal financial participation for	80498
costs incurred by the entity. Federal financial participation may	80499
be sought from programs operated pursuant to Title IV-A, Title	80500
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	80501
(1935), 42 U.S.C. 301, as amended; the "Food ~~Stamp~~and Nutrition	80502
Act of ~~1964," 78 Stat. 703,~~2008 (7 U.S.C. 2011~~, as amended~~et	80503
seq.); and any other statute or regulation under which federal	80504
financial participation may be available, except that federal	80505
financial participation may be sought only for expenditures made	80506
with funds for which federal financial participation is available	80507
under federal law.	80508

(C) All funds collected by the department of job and family	80509
services pursuant to division (B) of this section shall be	80510
distributed to the entities that incurred the costs, except for	80511
any amounts retained by the department pursuant to division (D)(3)	80512
of this section.	80513

(D) In distributing federal financial participation pursuant	80514
to this section, the department may either enter into an agreement	80515
with the entity that is to receive the funds or distribute the	80516
funds in accordance with rules adopted under division (F) of this	80517
section. If the department decides to enter into an agreement to	80518
distribute the funds, the agreement may include terms that do any	80519
of the following:	80520

(1) Provide for the whole or partial reimbursement of any	80521
cost incurred by the entity in implementing the program;	80522

(2) In the event that federal financial participation is	80523
disallowed or otherwise unavailable for any expenditure, require	80524
the department of job and family services or the entity, whichever	80525
party caused the disallowance or unavailability of federal	80526
financial participation, to assume responsibility for the	80527
expenditures;	80528

(3) Permit the department to retain not more than five per	80529
cent of the amount of the federal financial participation to be	80530
distributed to the entity;	80531

(4) Require the public entity to certify the availability of	80532
sufficient unencumbered funds to match the federal financial	80533
participation it receives under this section;	80534

(5) Establish the length of the agreement, which may be for a	80535
fixed or a continuing period of time;	80536

(6) Establish any other requirements determined by the	80537
department to be necessary for the efficient administration of the	80538
agreement.	80539

(E) An entity that receives federal financial participation	80540
pursuant to this section for a program aiding children and their	80541
families shall establish a process for collaborative planning with	80542
the department of job and family services for the use of the funds	80543
to improve and expand the program.	80544

(F) The director of job and family services shall adopt rules	80545
as necessary to implement this section, including rules for the	80546
distribution of federal financial participation pursuant to this	80547
section. The rules shall be adopted in accordance with Chapter	80548
119. of the Revised Code. The director may adopt or amend any	80549
statewide plan required by the federal government for a program	80550
administered by the department, as necessary to implement this	80551
section.	80552

(G) Federal financial participation received pursuant to this	80553
section shall not be included in any calculation made under	80554
section 5101.16 or 5101.161 of the Revised Code.	80555

Sec. 5101.16. (A) As used in this section and sections	80556
5101.161 and 5101.162 of the Revised Code:	80557

(1) "Disability financial assistance" means the financial	80558
assistance program established under Chapter 5115. of the Revised	80559
Code.	80560

(2) "Disability medical assistance" means the medical	80561
assistance program established under Chapter 5115. of the Revised	80562
Code.	80563

(3) ~~"Food stamps~~Supplemental nutrition assistance program"	80564
means the program administered by the department of job and family	80565
services pursuant to section 5101.54 of the Revised Code.	80566

(4) "Medicaid" means the medical assistance program	80567
established by Chapter 5111. of the Revised Code, excluding	80568
transportation services provided under that chapter.	80569

(5) "Ohio works first" means the program established by	80570
Chapter 5107. of the Revised Code.	80571

(6) "Prevention, retention, and contingency" means the	80572
program established by Chapter 5108. of the Revised Code.	80573

(7) "Public assistance expenditures" means expenditures for	80574
all of the following:	80575

(a) Ohio works first;

80576

(b) County administration of Ohio works first;

80577

80578

(d) County administration of prevention, retention, and	80579
contingency;	80580

(e) Disability financial assistance;

80581

(f) Disability medical assistance;

80582

(g) County administration of disability financial assistance;

80583

(h) County administration of disability medical assistance;

80584

(i) County administration of ~~food stamps~~the supplemental	80585
nutrition assistance program;	80586

(j) County administration of medicaid.

80587

(8) "Title IV-A program" has the same meaning as in section	80588
5101.80 of the Revised Code.	80589

(B) Each board of county commissioners shall pay the county	80590
share of public assistance expenditures in accordance with section	80591
5101.161 of the Revised Code. Except as provided in division (C)	80592
of this section, a county's share of public assistance	80593
expenditures is the sum of all of the following for state fiscal	80594
year 1998 and each state fiscal year thereafter:	80595

(1) The amount that is twenty-five per cent of the county's	80596
total expenditures for disability financial assistance and	80597
disability medical assistance and county administration of those	80598
programs during the state fiscal year ending in the previous	80599
calendar year that the department of job and family services	80600
determines are allowable.	80601

(2) The amount that is ten per cent, or other percentage	80602
determined under division (D) of this section, of the county's	80603
total expenditures for county administration of ~~food stamps~~the	80604
supplemental nutrition assistance program and medicaid during the	80605
state fiscal year ending in the previous calendar year that the	80606
department determines are allowable, less the amount of federal	80607
reimbursement credited to the county under division (E) of this	80608
section for the state fiscal year ending in the previous calendar	80609
year;	80610

(3) A percentage of the actual amount of the county share of	80611
program and administrative expenditures during federal fiscal year	80612
1994 for assistance and services, other than child care, provided	80613
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	80614
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	80615
enactment of the "Personal Responsibility and Work Opportunity	80616
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	80617
and family services shall determine the actual amount of the	80618
county share from expenditure reports submitted to the United	80619
States department of health and human services. The percentage	80620
shall be the percentage established in rules adopted under	80621
division (F) of this section.	80622

(C)(1) If a county's share of public assistance expenditures	80623
determined under division (B) of this section for a state fiscal	80624
year exceeds one hundred ten per cent of the county's share for	80625
those expenditures for the immediately preceding state fiscal	80626
year, the department of job and family services shall reduce the	80627
county's share for expenditures under divisions (B)(1) and (2) of	80628
this section so that the total of the county's share for	80629
expenditures under division (B) of this section equals one hundred	80630
ten per cent of the county's share of those expenditures for the	80631
immediately preceding state fiscal year.	80632

(2) A county's share of public assistance expenditures	80633
determined under division (B) of this section may be increased	80634
pursuant to section 5101.163 of the Revised Code and a sanction	80635
under section 5101.24 of the Revised Code. An increase made	80636
pursuant to section 5101.163 of the Revised Code may cause the	80637
county's share to exceed the limit established by division (C)(1)	80638
of this section.	80639

(D)(1) If the per capita tax duplicate of a county is less	80640
than the per capita tax duplicate of the state as a whole and	80641
division (D)(2) of this section does not apply to the county, the	80642
percentage to be used for the purpose of division (B)(2) of this	80643
section is the product of ten multiplied by a fraction of which	80644
the numerator is the per capita tax duplicate of the county and	80645
the denominator is the per capita tax duplicate of the state as a	80646
whole. The department of job and family services shall compute the	80647
per capita tax duplicate for the state and for each county by	80648
dividing the tax duplicate for the most recent available year by	80649
the current estimate of population prepared by the department of	80650
development.	80651

(2) If the percentage of families in a county with an annual	80652
income of less than three thousand dollars is greater than the	80653
percentage of such families in the state and division (D)(1) of	80654
this section does not apply to the county, the percentage to be	80655
used for the purpose of division (B)(2) of this section is the	80656
product of ten multiplied by a fraction of which the numerator is	80657
the percentage of families in the state with an annual income of	80658
less than three thousand dollars a year and the denominator is the	80659
percentage of such families in the county. The department of job	80660
and family services shall compute the percentage of families with	80661
an annual income of less than three thousand dollars for the state	80662
and for each county by multiplying the most recent estimate of	80663
such families published by the department of development, by a	80664
fraction, the numerator of which is the estimate of average annual	80665
personal income published by the bureau of economic analysis of	80666
the United States department of commerce for the year on which the	80667
census estimate is based and the denominator of which is the most	80668
recent such estimate published by the bureau.	80669

(3) If the per capita tax duplicate of a county is less than	80670
the per capita tax duplicate of the state as a whole and the	80671
percentage of families in the county with an annual income of less	80672
than three thousand dollars is greater than the percentage of such	80673
families in the state, the percentage to be used for the purpose	80674
of division (B)(2) of this section shall be determined as follows:	80675

(a) Multiply ten by the fraction determined under division	80676
(D)(1) of this section;	80677

(b) Multiply the product determined under division (D)(3)(a)	80678
of this section by the fraction determined under division (D)(2)	80679
of this section.	80680

(4) The department of job and family services shall	80681
determine, for each county, the percentage to be used for the	80682
purpose of division (B)(2) of this section not later than the	80683
first day of July of the year preceding the state fiscal year for	80684
which the percentage is used.	80685

(E) The department of job and family services shall credit to	80686
a county the amount of federal reimbursement the department	80687
receives from the United States departments of agriculture and	80688
health and human services for the county's expenditures for	80689
administration of ~~food stamps~~the supplemental nutrition	80690
assistance program and medicaid that the department determines are	80691
allowable administrative expenditures.	80692

(F)(1) The director of job and family services shall adopt	80693
rules in accordance with section 111.15 of the Revised Code to	80694
establish all of the following:	80695

(a) The method the department is to use to change a county's	80696
share of public assistance expenditures determined under division	80697
(B) of this section as provided in division (C) of this section;	80698

(b) The allocation methodology and formula the department	80699
will use to determine the amount of funds to credit to a county	80700
under this section;	80701

(c) The method the department will use to change the payment	80702
of the county share of public assistance expenditures from a	80703
calendar-year basis to a state fiscal year basis;	80704

(d) The percentage to be used for the purpose of division	80705
(B)(3) of this section, which shall, except as provided in section	80706
5101.163 of the Revised Code, meet both of the following	80707
requirements:	80708

(i) The percentage shall not be less than seventy-five per	80709
cent nor more than eighty-two per cent;	80710

(ii) The percentage shall not exceed the percentage that the	80711
state's qualified state expenditures is of the state's historic	80712
state expenditures as those terms are defined in 42 U.S.C.	80713
609(a)(7).	80714

(e) Other procedures and requirements necessary to implement	80715
this section.	80716

(2) The director of job and family services may amend the	80717
rule adopted under division (F)(1)(d) of this section to modify	80718
the percentage on determination that the amount the general	80719
assembly appropriates for Title IV-A programs makes the	80720
modification necessary. The rule shall be adopted and amended as	80721
if an internal management rule and in consultation with the	80722
director of budget and management.	80723

Sec. 5101.162. Subject to available federal funds and	80724
appropriations made by the general assembly, the department of job	80725
and family services may, at its sole discretion, use available	80726
federal funds to reimburse county expenditures for county	80727
administration of ~~food stamps~~the supplemental nutrition	80728
assistance program or medicaid even though the county	80729
expenditures meet or exceed the maximum allowable reimbursement	80730
amount established by rules adopted under section 5101.161 of the	80731
Revised Code. The director may adopt internal management rules in	80732
accordance with section 111.15 of the Revised Code to implement	80733
this section.	80734

Sec. 5101.26. As used in this section and in sections	80735
5101.27 to 5101.30 of the Revised Code:	80736

(A) "County agency" means a county department of job and	80737
family services or a public children services agency.	80738

(B) "Fugitive felon" means an individual who is fleeing to	80739
avoid prosecution, or custody or confinement after conviction,	80740
under the laws of the place from which the individual is fleeing,	80741
for a crime or an attempt to commit a crime that is a felony under	80742
the laws of the place from which the individual is fleeing or, in	80743
the case of New Jersey, a high misdemeanor, regardless of whether	80744
the individual has departed from the individual's usual place of	80745
residence.	80746

(C) "Information" means records as defined in section 149.011	80747
of the Revised Code, any other documents in any format, and data	80748
derived from records and documents that are generated, acquired,	80749
or maintained by the department of job and family services, a	80750
county agency, or an entity performing duties on behalf of the	80751
department or a county agency.	80752

(D) "Law enforcement agency" means the state highway patrol,	80753
an agency that employs peace officers as defined in section 109.71	80754
of the Revised Code, the adult parole authority, a county	80755
department of probation, a prosecuting attorney, the attorney	80756
general, similar agencies of other states, federal law enforcement	80757
agencies, and postal inspectors. "Law enforcement agency" includes	80758
the peace officers and other law enforcement officers employed by	80759
the agency.	80760

(E) "Medical assistance provided under a public assistance	80761
program" means medical assistance provided under the programs	80762
established under sections 5101.49, 5101.50 ~~to 5101.503~~, 5101.51	80763
~~to 5101.5110~~, 5101.52 ~~to 5101.529~~, and 5101.5211 to 5101.5216,	80764
Chapters 5111. and 5115., or any other provision of the Revised	80765
Code.	80766

(F) "Public assistance" means financial assistance, medical	80767
assistance, or social services provided under a program	80768
administered by the department of job and family services or a	80769
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	80770
5108., 5111., or 5115. of the Revised Code or an executive order	80771
issued under section 107.17 of the Revised Code.	80772

(G) "Public assistance recipient" means an applicant for or	80773
recipient or former recipient of public assistance.	80774

Sec. 5101.33. (A) As used in this section, "benefits" means	80775
any of the following:	80776

(1) Cash assistance paid under Chapter 5107. or 5115. of the	80777
Revised Code;	80778

(2) ~~Food stamp~~Supplemental nutrition assistance program	80779
benefits provided under section 5101.54 of the Revised Code;	80780

(3) Any other program administered by the department of job	80781
and family services under which assistance is provided or service	80782
rendered;	80783

(4) Any other program, service, or assistance administered by	80784
a person or government entity that the department determines may	80785
be delivered through the medium of electronic benefit transfer.	80786

(B) The department of job and family services may make any	80787
payment or delivery of benefits to eligible individuals through	80788
the medium of electronic benefit transfer by doing all of the	80789
following:	80790

(1) Contracting with an agent to supply debit cards to the	80791
department of job and family services for use by such individuals	80792
in accessing their benefits and to credit such cards	80793
electronically with the amounts specified by the director of job	80794
and family services pursuant to law;	80795

(2) Informing such individuals about the use of the	80796
electronic benefit transfer system and furnishing them with debit	80797
cards and information that will enable them to access their	80798
benefits through the system;	80799

(3) Arranging with specific financial institutions or	80800
vendors, county departments of job and family services, or persons	80801
or government entities for individuals to have their cards	80802
credited electronically with the proper amounts at their	80803
facilities;	80804

(4) Periodically preparing vouchers for the payment of such	80805
benefits by electronic benefit transfer;	80806

(5) Satisfying any applicable requirements of federal and	80807
state law.	80808

(C) The department may enter into a written agreement with	80809
any person or government entity to provide benefits administered	80810
by that person or entity through the medium of electronic benefit	80811
transfer. A written agreement may require the person or government	80812
entity to pay to the department either or both of the following:	80813

(1) A charge that reimburses the department for all costs the	80814
department incurs in having the benefits administered by the	80815
person or entity provided through the electronic benefit transfer	80816
system;	80817

(2) A fee for having the benefits provided through the	80818
electronic benefit transfer system.	80819

(D) The department may designate which counties will	80820
participate in the medium of electronic benefit transfer, specify	80821
the date a designated county will begin participation, and specify	80822
which benefits will be provided through the medium of electronic	80823
benefit transfer in a designated county.	80824

(E) The department may adopt rules in accordance with Chapter	80825
119. of the Revised Code for the efficient administration of this	80826
section.	80827

Sec. 5101.34. (A) There is hereby created in the department	80828
of job and family services the Ohio commission on fatherhood. The	80829
commission shall consist of the following members:	80830

(1)(a) Four members of the house of representatives appointed	80831
by the speaker of the house, not more than two of whom are members	80832
of the same political party. Two of the members must be from	80833
legislative districts that include a county or part of a county	80834
that is among the one-third of counties in this state with the	80835
highest number per capita of households headed by females.	80836

(b) Two members of the senate appointed by the president of	80837
the senate, each from a different political party. One of the	80838
members must be from a legislative district that includes a county	80839
or part of a county that is among the one-third of counties in	80840
this state with the highest number per capita of households headed	80841
by females.	80842

(2) The governor, or the governor's designee;

80843

(3) One representative of the judicial branch of government	80844
appointed by the chief justice of the supreme court;	80845

(4) The directors of health, job and family services,	80846
rehabilitation and correction, alcohol and drug addiction	80847
services, and youth services and the superintendent of public	80848
instruction, or their designees;	80849

(5) One representative of the Ohio family and children first	80850
cabinet council created under section 121.37 of the Revised Code	80851
appointed by the chairperson of the council;	80852

(6) Five representatives of the general public appointed by	80853
the governor. These members shall have extensive experience in	80854
issues related to fatherhood.	80855

(B) The appointing authorities of the Ohio commission on	80856
fatherhood shall make initial appointments to the commission	80857
within thirty days after ~~the effective date of this section~~	80858
September29, 1999. Of the initial appointments to the commission	80859
made pursuant to divisions (A)(3), (5), and (6) of this section,	80860
three of the members shall serve a term of one year and four shall	80861
serve a term of two years. Members so appointed subsequently shall	80862
serve two-year terms. A member appointed pursuant to division	80863
(A)(1) of this section shall serve on the commission until the end	80864
of the general assembly from which the member was appointed or	80865
until the member ceases to serve in the chamber of the general	80866
assembly in which the member serves at the time of appointment,	80867
whichever occurs first. The governor or the governor's designee	80868
shall serve on the commission until the governor ceases to be	80869
governor. The directors and superintendent or their designees	80870
shall serve on the commission until they cease, or the director or	80871
superintendent a designee represents ceases, to be director or	80872
superintendent. Each member shall serve on the commission from the	80873
date of appointment until the end of the term for which the member	80874
was appointed. Members may be reappointed.	80875

Vacancies shall be filled in the manner provided for original	80876
appointments. Any member appointed to fill a vacancy occurring	80877
prior to the expiration date of the term for which the member's	80878
predecessor was appointed shall serve on the commission for the	80879
remainder of that term. A member shall continue to serve on the	80880
commission subsequent to the expiration date of the member's term	80881
until the member's successor is appointed or until a period of	80882
sixty days has elapsed, whichever occurs first. Members shall	80883
serve without compensation but shall be reimbursed for necessary	80884
expenses.	80885

Sec. 5101.47. (A) Except as provided in division (B) of	80886
this section, the director of job and family services may accept	80887
applications, determine eligibility, redetermine eligibility, and	80888
perform related administrative activities for one or more of the	80889
following:	80890

(1) The medicaid program established by Chapter 5111. of the	80891
Revised Code;	80892

(2) The children's health insurance program parts I, II, and	80893
III provided for under sections 5101.50, 5101.51, and 5101.52 of	80894
the Revised Code;	80895

(3) Publicly funded child care provided under Chapter 5104.	80896
of the Revised Code;	80897

(4) The ~~food stamp~~supplemental nutrition assistance program	80898
administered by the department of job and family services	80899
pursuant to section 5101.54 of the Revised Code;	80900

(5) Other programs the director determines are supportive of	80901
children, adults, or families;	80902

(6) Other programs regarding which the director determines	80903
administrative cost savings and efficiency may be achieved through	80904
the department accepting applications, determining eligibility,	80905
redetermining eligibility, or performing related administrative	80906
activities.	80907

(B) If federal law requires a face-to-face interview to	80908
complete an eligibility determination for a program specified in	80909
or pursuant to division (A) of this section, the face-to-face	80910
interview shall not be conducted by the department of job and	80911
family services.	80912

(C) Subject to division (B) of this section, if the director	80913
elects to accept applications, determine eligibility, redetermine	80914
eligibility, and perform related administrative activities for a	80915
program specified in or pursuant to division (A) of this section,	80916
both of the following apply:	80917

(1) An individual seeking services under the program may	80918
apply for the program to the director or to the entity that state	80919
law governing the program authorizes to accept applications for	80920
the program.	80921

(2) The director is subject to federal statutes and	80922
regulations and state statutes and rules that require, permit, or	80923
prohibit an action regarding accepting applications, determining	80924
or redetermining eligibility, and performing related	80925
administrative activities for the program.	80926

(D) The director may adopt rules as necessary to implement	80927
this section.	80928

Sec. 5101.50. (A) As used in sections 5101.50 to ~~5101.529~~	80929
5101.5210 of the Revised Code:	80930

(1) "Children's health insurance program" means the program	80931
authorized by Title XXI of the "Social Security Act," 111 Stat.	80932
552 (1997), 42 U.S.C.A. 1397aa.	80933

(2) "Federal poverty guidelines" has the same meaning as in	80934
section 5101.46 of the Revised Code.	80935

(B) The director of job and family services may continue to	80936
operate the children's health insurance program initially	80937
authorized by an executive order issued under section 107.17 of	80938
the Revised Code as long as federal financial participation is	80939
available for the program. If operated, the program shall provide	80940
health assistance to uninsured individuals under nineteen years of	80941
age with family incomes not exceeding one hundred fifty per cent	80942
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	80943
1397aa, the director may provide for the health assistance to meet	80944
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	80945
medicaid program established under Chapter 5111. of the Revised	80946
Code, or to be a combination of both.	80947

Sec. 5101.504. (A) A school-based health center, as defined	80948
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	80949
that the children's health insurance program part I covers if the	80950
center meets the requirements applicable to other providers	80951
providing those services.	80952

(B) The director may adopt rules under section 5101.502 of	80953
the Revised Code pertaining to the billing, reimbursement, and	80954
data collection for health-based health centers.	80955

Sec. 5101.5110. (A) A school-based health center, as defined	80956
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	80957
that the children's health insurance program part II covers if the	80958
center meets the requirements applicable to other providers	80959
providing those services.	80960

(B) The director may adopt rules under section 5101.512 of	80961
the Revised Code pertaining to the billing, reimbursement, and	80962
data collection for health-based health centers.	80963

~~Sec. 5101.5110.~~ Sec. 5101.5111. (A) The director of job and family	80964
services may submit a waiver request to the United States	80965
secretary of health and human services to provide health	80966
assistance to any individual who meets all of the following	80967
requirements:	80968

(1) Is the parent of a child under nineteen years of age who	80969
resides with the parent and is eligible for health assistance	80970
under the children's health insurance program part I or II or the	80971
medicaid program established under Chapter 5111. of the Revised	80972
Code;	80973

(2) Is uninsured;

80974

(3) Has a family income that does not exceed one hundred per	80975
cent of the federal poverty guidelines.	80976

(B) A waiver request the director submits under division (A)	80977
of this section may seek federal funds allotted to the state under	80978
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	80979
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	80980
the children's health insurance program parts I and II.	80981

(C) If a waiver request the director submits under division	80982
(A) of this section is granted, the director may adopt rules in	80983
accordance with Chapter 119. of the Revised Code as necessary for	80984
the efficient administration of the program authorization by the	80985
waiver.	80986

Sec. 5101.5210. (A) A school-based health center, as defined	80987
in 42 U.S.C. 1397jj(c)(9), may furnish health assistance services	80988
that the children's health insurance program part III covers if	80989
the center meets the requirements applicable to other providers	80990
providing those services.	80991

(B) The director may adopt rules under section 5101.522 of	80992
the Revised Code pertaining to the billing, reimbursement, and	80993
data collection for health-based health centers.	80994

Sec. 5101.5212. (A) Under the children's buy-in program	80995
and subject to section 5101.5213 of the Revised Code, an	80996
individual who does both of the following in accordance with	80997
rules adopted under section 5101.5215 of the Revised Code	80998
qualifies for medical assistance under the program, unless the	80999
director of job and family services has adopted rules under	81000
division (B) of section 5101.5215 of the Revised Code to limit	81001
the number of individuals who may participate in the program at	81002
one time and the program is serving the maximum number of	81003
individuals specified in the rules:	81004

~~(A)~~(1) Applies for the children's buy-in program;

81005

~~(B)~~(2) Provides satisfactory evidence of all of the	81006
following:	81007

~~(1)~~(a) That the individual is under nineteen years of age;

81008

~~(2)~~(b) That the individual's countable family income exceeds	81009
~~two~~three hundred ~~fifty~~ per cent of the federal poverty	81010
guidelines;	81011

~~(3) That~~(c) Except as provided in division (B) of this	81012
section, that the individual has not had creditable coverage for	81013
at least ~~six~~three months before enrolling in the children's	81014
buy-in program~~, unless the individual lost the only creditable~~	81015
~~coverage available to the individual because the individual~~	81016
~~exhausted a lifetime benefit limitation;~~	81017

~~(4) That one or more of the following apply to the~~	81018
~~individual:~~	81019

~~(a) The individual is unable to obtain creditable coverage~~	81020
~~due to a pre-existing condition of the individual;~~	81021

~~(b) The individual lost the only creditable coverage~~	81022
~~available to the individual because the individual has exhausted~~	81023
~~a lifetime benefit limitation;~~	81024

~~(c) The premium for the only creditable coverage available to~~	81025
~~the individual is greater than two hundred per cent of the premium~~	81026
~~applicable to the individual under the children's buy-in program;~~	81027

~~(d) The individual participates in the program for medically~~	81028
~~handicapped children~~.	81029

~~(5)~~(d) That the individual meets the additional eligibility	81030
requirements for the children's buy-in program established in	81031
rules adopted under section 5101.5215 of the Revised Code.	81032

(B) Division (A)(2)(c) of this section does not apply to an	81033
individual who meets both of the following requirements:	81034

(1) At least one of the following applies to the individual:

81035

(a) The individual's parents are involuntarily unemployed.

81036

(b) At least one of the individual's parents is unable to	81037
find work due to a disabling condition.	81038

(c) At least one of the individual's parents involuntarily	81039
lost creditable coverage for the individual.	81040

(d) The individual has creditable coverage under COBRA	81041
continuation coverage as defined in 42 U.S.C. 1396a(u)(3).	81042

(2) At least one of the following applies to the individual:

81043

(a) The cost of the least expensive creditable coverage	81044
available to the individual is greater than ten per cent of the	81045
individual's countable family income.	81046

(b) The premium for the creditable coverage with the lowest	81047
premium available to the individual is greater than one hundred	81048
fifty per cent of the premium applicable to the individual under	81049
the children's buy-in program.	81050

(c) The individual is unable to obtain creditable coverage	81051
due to a pre-existing condition of the individual.	81052

(d) The individual lost the only creditable coverage	81053
available to the individual because the individual has exhausted a	81054
lifetime benefit limitation.	81055

(e) The individual participates in the program for medically	81056
handicapped children.	81057

Sec. 5101.54. (A) The director of job and family services	81058
shall administer the ~~food stamp~~supplemental nutrition assistance	81059
program in accordance with the "Food ~~Stamp~~and Nutrition Act of	81060
~~1977," 91 Stat. 958,~~2008 (7 U.S.C.A. 2011~~, as amended~~et seq).	81061
The department may:	81062

(1) Prepare and submit to the secretary of the United States	81063
department of agriculture a plan for the administration of the	81064
~~food stamp~~supplemental nutrition assistance program;	81065

(2) Prescribe forms for applications, certificates, reports,	81066
records, and accounts of county departments of job and family	81067
services, and other matters;	81068

(3) Require such reports and information from each county	81069
department of job and family services as may be necessary and	81070
advisable;	81071

(4) Administer and expend any sums appropriated by the	81072
general assembly for the purposes of ~~this section~~the supplemental	81073
nutrition assistance program and all sums paid to the state by the	81074
United States as authorized by the Food ~~Stamp~~and Nutrition Act of	81075
~~1977~~2008;	81076

(5) Conduct such investigations as are necessary;

81077

(6) Enter into interagency agreements and cooperate with	81078
investigations conducted by the department of public safety,	81079
including providing information for investigative purposes,	81080
exchanging property and records, passing through federal financial	81081
participation, modifying any agreements with the United States	81082
department of agriculture, providing for the supply, security, and	81083
accounting of ~~food stamp~~supplemental nutrition assistance program	81084
benefits for investigative purposes, and meeting any other	81085
requirements necessary for the detection and deterrence of illegal	81086
activities in the ~~state food stamp~~supplemental nutrition	81087
assistance program;	81088

(7) Adopt rules in accordance with Chapter 119. of the	81089
Revised Code governing employment and training requirements of	81090
recipients of ~~food stamp~~supplemental nutrition assistance program	81091
benefits, including rules specifying which recipients are subject	81092
to the requirements and establishing sanctions for failure to	81093
satisfy the requirements. The rules shall be consistent with 7	81094
U.S.C.A. 2015 and, to the extent practicable, may provide for ~~food~~	81095
~~stamp benefit~~the recipients to participate in work activities,	81096
developmental activities, and alternative work activities	81097
established under sections 5107.40 to 5107.69 of the Revised Code	81098
that are comparable to programs authorized by 7 U.S.C.A.	81099
2015(d)(4). The rules may reference rules adopted under section	81100
5107.05 of the Revised Code governing work activities,	81101
developmental activities, and alternative work activities	81102
established under sections 5107.40 to 5107.69 of the Revised Code.	81103

(8) Adopt rules in accordance with section 111.15 of the	81104
Revised Code that are consistent with the Food ~~Stamp~~and Nutrition	81105
Act of ~~1977~~2008, as amended, and regulations adopted thereunder	81106
governing the following:	81107

(a) Eligibility requirements for the ~~food stamp~~supplemental	81108
nutrition assistance program;	81109

(b) Sanctions for failure to comply with eligibility	81110
requirements;	81111

(c) Allotment of ~~food stamp~~supplemental nutrition assistance	81112
program benefits;	81113

(d) To the extent permitted under federal statutes and	81114
regulations, a system under which some or all recipients of ~~food~~	81115
~~stamp~~supplemental nutrition assistance program benefits subject	81116
to employment and training requirements established by rules	81117
adopted under division (A)(7) of this section receive ~~food stamp~~	81118
the benefits after satisfying the requirements;	81119

(e) Administration of the program by county departments of	81120
job and family services;	81121

(f) Other requirements necessary for the efficient	81122
administration of the program.	81123

(9) Submit a plan to the United States secretary of	81124
agriculture for the department of job and family services to	81125
operate a simplified ~~food stamp~~supplemental nutrition assistance	81126
program pursuant to 7 U.S.C.A. 2035 under which requirements	81127
governing the Ohio works first program established under Chapter	81128
5107. of the Revised Code also govern the ~~food stamp~~supplemental	81129
nutrition assistance program in the case of households receiving	81130
~~food stamp~~supplemental nutrition assistance program benefits and	81131
participating in Ohio works first.	81132

(B) ~~Except while in the custody of the United States postal~~	81133
~~service, food stamps and any document necessary to obtain food~~	81134
~~stamps are the property of the department of job and family~~	81135
~~services from the time they are received in accordance with~~	81136
~~federal regulations by the department from the federal agency~~	81137
~~responsible for such delivery until they are received by a~~	81138
~~household entitled to receive them or by the authorized~~	81139
~~representative of the household.~~	81140

~~(C)~~ A household that is entitled to receive ~~food stamps under~~	81141
~~the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as~~	81142
~~amended,~~supplemental nutrition assistance program benefits and	81143
that is determined to be in immediate need of ~~food~~nutrition	81144
assistance, shall receive certification of eligibility for program	81145
benefits, pending verification, within twenty-four hours, or, if	81146
mitigating circumstances occur, within seventy-two hours, after	81147
application, if:	81148

(1) The results of the application interview indicate that	81149
the household will be eligible upon full verification;	81150

(2) Information sufficient to confirm the statements in the	81151
application has been obtained from at least one additional source,	81152
not a member of the applicant's household. Such information shall	81153
be recorded in the case file, and shall include:	81154

(a) The name of the person who provided the name of the	81155
information source;	81156

(b) The name and address of the information source;

81157

81158

The period of temporary eligibility shall not exceed one	81159
month from the date of certification of temporary eligibility. If	81160
eligibility is established by full verification, benefits shall	81161
continue without interruption as long as eligibility continues.	81162

At the time of application, the county department of job and	81163
family services shall provide to a household described in this	81164
division a list of community assistance programs that provide	81165
emergency food.	81166

~~(D)~~(C) All applications shall be approved or denied through	81167
full verification within thirty days from receipt of the	81168
application by the county department of job and family services.	81169

~~(E)~~(D) Nothing in this section shall be construed to prohibit	81170
the certification of households that qualify under federal	81171
regulations to receive ~~food stamps~~supplemental nutrition	81172
assistance program benefits without charge under the "Food ~~Stamp~~	81173
and Nutrition Act of ~~1977," 91 Stat. 958, 7 U.S.C.A. 2011, as~~	81174
~~amended~~2008.	81175

~~(F)~~(E) Any person who applies for ~~food stamps under this~~	81176
~~section~~the supplemental nutrition assistance program shall	81177
receive a voter registration application under section 3503.10 of	81178
the Revised Code.	81179

Sec. 5101.541. The ~~food stamp~~supplemental nutrition	81180
assistance program fund is hereby created in the state treasury.	81181
The fund shall consist of federal reimbursement for ~~food stamp~~	81182
supplemental nutrition assistance program administrative expenses	81183
and other ~~food stamp~~supplemental nutrition assistance program	81184
expenses. The department of job and family services shall use the	81185
money credited to the fund to pay for ~~food stamp~~supplemental	81186
nutrition assistance program administrative expenses and other	81187
~~food stamp~~supplemental nutrition assistance program expenses.	81188

Sec. 5101.542. Immediately following a county department of	81189
job and family services' certification that a household determined	81190
under division (B) of section 5101.54 of the Revised Code to be in	81191
immediate need of nutrition assistance is eligible for the	81192
supplemental nutrition assistance program, the department of job	81193
and family services shall provide for the household to be sent by	81194
regular United States mail an electronic benefit transfer card	81195
containing the amount of benefits the household is eligible to	81196
receive under the program. The card shall be sent to the member	81197
of the household in whose name application for the supplemental	81198
nutrition assistance program was made or that member's authorized	81199
representative.	81200

Sec. 5101.544. If the benefits of a household are reduced	81201
under a federal, state, or local means-tested public assistance	81202
program for failure of a member of the household to perform an	81203
action required under the program, the household may not receive,	81204
for the duration of the reduction, an increased allotment of ~~food~~	81205
~~stamp~~supplemental nutrition assistance program benefits as the	81206
result of a decrease in the income of the household to the extent	81207
that the decrease is the result of the reduction.	81208

The department of job and family services shall adopt rules	81209
in accordance with Chapter 119. of the Revised Code to implement	81210
this section. The rules shall be consistent with 7 U.S.C.A.	81211
2017(d) and federal regulations.	81212

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	81213
the Revised Code:	81214

(A) "Information" means all of the following:

81215

(1) An individual's name, address, date of birth, and social	81216
security number;	81217

(2) The group or plan number, or other identifier, assigned	81218
by a third party to a policy held by an individual or a plan in	81219
which the individual participates and the nature of the coverage;	81220

(3) Any other data the director of job and family services	81221
specifies in rules adopted under section 5101.591 of the Revised	81222
Code.	81223

(B) "Medical assistance" means medical items or services	81224
provided under any of the following:	81225

(1) Medicaid, as defined in section 5111.01 of the Revised	81226
Code;	81227

(2) The children's health insurance program part I, part II,	81228
and part III established under sections 5101.50 ~~to 5101.529~~,	81229
5101.51, and 5101.52 of the Revised Code;	81230

(3) The disability medical assistance program established	81231
under Chapter 5115. of the Revised Code;	81232

(4) The children's buy-in program established under sections	81233
5101.5211 to 5101.5216 of the Revised Code.	81234

(C) "Medical support" means support specified as support for	81235
the purpose of medical care by order of a court or administrative	81236
agency.	81237

(D) "Public assistance" means medical assistance or	81238
assistance under the Ohio works first program established under	81239
Chapter 5107. of the Revised Code.	81240

(E)(1) Subject to division (E)(2) of this section, and except	81241
as provided in division (E)(3) of this section, "third party"	81242
means all of the following:	81243

(a) A person authorized to engage in the business of sickness	81244
and accident insurance under Title XXXIX of the Revised Code;	81245

(b) A person or governmental entity providing coverage for	81246
medical services or items to individuals on a self-insurance	81247
basis;	81248

(c) A health insuring corporation as defined in section	81249
1751.01 of the Revised Code;	81250

(d) A group health plan as defined in 29 U.S.C. 1167;

81251

(e) A service benefit plan as referenced in 42 U.S.C.	81252
1396a(a)(25);	81253

(f) A managed care organization;

81254

(g) A pharmacy benefit manager;

81255

(h) A third party administrator;

81256

(i) Any other person or governmental entity that is, by law,	81257
contract, or agreement, responsible for the payment or processing	81258
of a claim for a medical item or service for a public assistance	81259
recipient or participant.	81260

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	81261
person or governmental entity listed in division (E)(1) of this	81262
section is a third party even if the person or governmental entity	81263
limits or excludes payments for a medical item or service in the	81264
case of a public assistance recipient.	81265

(3) "Third party" does not include the program for medically	81266
handicapped children established under section 3701.023 of the	81267
Revised Code.	81268

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	81269
section, a third party shall do all of the following:	81270

(1) Accept the department of job and family services' right	81271
of recovery under section 5101.58 of the Revised Code and the	81272
assignment of rights to the department that are described in	81273
section 5101.59 of the Revised Code.;	81274

(2) Respond to an inquiry by the department regarding a claim	81275
for payment of a medical item or service that was submitted to the	81276
third party not later than three years after the date of the	81277
provision of such medical item or service;	81278

(3) Pay a claim described in division (A)(2) of this section;

81279

(4) Not deny a claim submitted by the department solely on	81280
the basis of the date of submission of the claim, type or format	81281
of the claim form, or a failure by the medical assistance	81282
recipient who is the subject of the claim to present proper	81283
documentation of coverage at the time of service, if both of the	81284
following are true:	81285

(a) The claim was submitted by the department not later than	81286
three years after the date of the provision of the medical item or	81287
service;.	81288

(b) An action by the department to enforce its right of	81289
recovery under section 5101.58 of the Revised Code on the claim	81290
was commenced not later than six years after the department's	81291
submission of the claim.	81292

(5) Consider the department's payment of a claim for a	81293
medical item or service to be the equivalent of the medical	81294
assistance recipient having obtained prior authorization for the	81295
item or service from the third party;	81296

(6) Not deny a claim described in division (A)(5) of this	81297
section that is submitted by the department solely on the basis of	81298
the medical assistance recipient's failure to obtain prior	81299
authorization for the medical item or service.	81300

(B) For purposes of the requirements in division (A) of this	81301
section, a third party shall treat a managed care organization as	81302
the department for a claim in which both of the following are	81303
true:	81304

(1) The individual who is the subject of the claim received a	81305
medical item or service through a managed care organization that	81306
has entered into a contract with the department of job and family	81307
services under section ~~5111.16~~5111.17 of the Revised Code;	81308

(2) The department has assigned its right of recovery for the	81309
claim to the managed care organization.	81310

(C) The time limitations associated with the requirements in	81311
divisions (A)(2) and (A)(4) of this section apply only to	81312
submissions of claims to, and payments of claims by, a health	81313
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	81314

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	81315
Revised Code:	81316

(A) "Abuse" means the infliction upon an adult by self or	81317
others of injury, unreasonable confinement, intimidation, or cruel	81318
punishment with resulting physical harm, pain, or mental anguish.	81319

(B) "Adult" means any person sixty years of age or older	81320
within this state who is handicapped by the infirmities of aging	81321
or who has a physical or mental impairment which prevents the	81322
person from providing for the person's own care or protection, and	81323
who resides in an independent living arrangement. An "independent	81324
living arrangement" is a domicile of a person's own choosing,	81325
including, but not limited to, a private home, apartment, trailer,	81326
or rooming house. ~~Except as otherwise provided in this division,~~	81327
An "independent living arrangement" includes ~~a community~~	81328
~~alternative home~~an adult care facility licensed pursuant to	81329
~~section 3724.03~~Chapter 3722. of the Revised Code, but does not	81330
include other institutions or facilities licensed by the state, or	81331
facilities in which a person resides as a result of voluntary,	81332
civil, or criminal commitment. ~~"Independent living arrangement"~~	81333
~~does include adult care facilities licensed pursuant to Chapter~~	81334
~~3722. of the Revised Code.~~	81335

(C) "Caretaker" means the person assuming the responsibility	81336
for the care of an adult on a voluntary basis, by contract,	81337
through receipt of payment for care, as a result of a family	81338
relationship, or by order of a court of competent jurisdiction.	81339

(D) "Court" means the probate court in the county where an	81340
adult resides.	81341

(E) "Emergency" means that the adult is living in conditions	81342
which present a substantial risk of immediate and irreparable	81343
physical harm or death to self or any other person.	81344

(F) "Emergency services" means protective services furnished	81345
to an adult in an emergency.	81346

(G) "Exploitation" means the unlawful or improper act of a	81347
caretaker using an adult or an adult's resources for monetary or	81348
personal benefit, profit, or gain.	81349

(H) "In need of protective services" means an adult known or	81350
suspected to be suffering from abuse, neglect, or exploitation to	81351
an extent that either life is endangered or physical harm, mental	81352
anguish, or mental illness results or is likely to result.	81353

(I) "Incapacitated person" means a person who is impaired for	81354
any reason to the extent that the person lacks sufficient	81355
understanding or capacity to make and carry out reasonable	81356
decisions concerning the person's self or resources, with or	81357
without the assistance of a caretaker. Refusal to consent to the	81358
provision of services shall not be the sole determinative that the	81359
person is incapacitated. "Reasonable decisions" are decisions made	81360
in daily living which facilitate the provision of food, shelter,	81361
clothing, and health care necessary for life support.	81362

(J) "Mental illness" means a substantial disorder of thought,	81363
mood, perception, orientation, or memory that grossly impairs	81364
judgment, behavior, capacity to recognize reality, or ability to	81365
meet the ordinary demands of life.	81366

(K) "Neglect" means the failure of an adult to provide for	81367
self the goods or services necessary to avoid physical harm,	81368
mental anguish, or mental illness or the failure of a caretaker to	81369
provide such goods or services.	81370

(L) "Peace officer" means a peace officer as defined in	81371
section 2935.01 of the Revised Code.	81372

(M) "Physical harm" means bodily pain, injury, impairment, or	81373
disease suffered by an adult.	81374

(N) "Protective services" means services provided by the	81375
county department of job and family services or its designated	81376
agency to an adult who has been determined by evaluation to	81377
require such services for the prevention, correction, or	81378
discontinuance of an act of as well as conditions resulting from	81379
abuse, neglect, or exploitation. Protective services may include,	81380
but are not limited to, case work services, medical care, mental	81381
health services, legal services, fiscal management, home health	81382
care, homemaker services, housing-related services, guardianship	81383
services, and placement services as well as the provision of such	81384
commodities as food, clothing, and shelter.	81385

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	81386
and Friday, except when such day is a holiday as defined in	81387
section 1.14 of the Revised Code.	81388

Sec. 5101.61. (A) As used in this section:

81389

(1) "Senior service provider" means any person who provides	81390
care or services to a person who is an adult as defined in	81391
division (B) of section 5101.60 of the Revised Code.	81392

(2) "Ambulatory health facility" means a nonprofit, public or	81393
proprietary freestanding organization or a unit of such an agency	81394
or organization that:	81395

(a) Provides preventive, diagnostic, therapeutic,	81396
rehabilitative, or palliative items or services furnished to an	81397
outpatient or ambulatory patient, by or under the direction of a	81398
physician or dentist in a facility which is not a part of a	81399
hospital, but which is organized and operated to provide medical	81400
care to outpatients;	81401

(b) Has health and medical care policies which are developed	81402
with the advice of, and with the provision of review of such	81403
policies, an advisory committee of professional personnel,	81404
including one or more physicians, one or more dentists, if dental	81405
care is provided, and one or more registered nurses;	81406

(c) Has a medical director, a dental director, if dental care	81407
is provided, and a nursing director responsible for the execution	81408
of such policies, and has physicians, dentists, nursing, and	81409
ancillary staff appropriate to the scope of services provided;	81410

(d) Requires that the health care and medical care of every	81411
patient be under the supervision of a physician, provides for	81412
medical care in a case of emergency, has in effect a written	81413
agreement with one or more hospitals and other centers or clinics,	81414
and has an established patient referral system to other resources,	81415
and a utilization review plan and program;	81416

(e) Maintains clinical records on all patients;

81417

(f) Provides nursing services and other therapeutic services	81418
in accordance with programs and policies, with such services	81419
supervised by a registered professional nurse, and has a	81420
registered professional nurse on duty at all times of clinical	81421
operations;	81422

(g) Provides approved methods and procedures for the	81423
dispensing and administration of drugs and biologicals;	81424

(h) Has established an accounting and record keeping system	81425
to determine reasonable and allowable costs;	81426

(i) "Ambulatory health facilities" also includes an	81427
alcoholism treatment facility approved by the joint commission on	81428
accreditation of healthcare organizations as an alcoholism	81429
treatment facility or certified by the department of alcohol and	81430
drug addiction services, and such facility shall comply with other	81431
provisions of this division not inconsistent with such	81432
accreditation or certification.	81433

(3) "Community mental health facility" means a facility which	81434
provides community mental health services and is included in the	81435
comprehensive mental health plan for the alcohol, drug addiction,	81436
and mental health service district in which it is located.	81437

(4) "Community mental health service" means services, other	81438
than inpatient services, provided by a community mental health	81439
facility.	81440

(5) "Home health agency" means an institution or a distinct	81441
part of an institution operated in this state which:	81442

(a) Is primarily engaged in providing home health services;

81443

(b) Has home health policies which are established by a group	81444
of professional personnel, including one or more duly licensed	81445
doctors of medicine or osteopathy and one or more registered	81446
professional nurses, to govern the home health services it	81447
provides and which includes a requirement that every patient must	81448
be under the care of a duly licensed doctor of medicine or	81449
osteopathy;	81450

(c) Is under the supervision of a duly licensed doctor of	81451
medicine or doctor of osteopathy or a registered professional	81452
nurse who is responsible for the execution of such home health	81453
policies;	81454

(d) Maintains comprehensive records on all patients;

81455

(e) Is operated by the state, a political subdivision, or an	81456
agency of either, or is operated not for profit in this state and	81457
is licensed or registered, if required, pursuant to law by the	81458
appropriate department of the state, county, or municipality in	81459
which it furnishes services; or is operated for profit in this	81460
state, meets all the requirements specified in divisions (A)(5)(a)	81461
to (d) of this section, and is certified under Title XVIII of the	81462
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	81463
amended.	81464

(6) "Home health service" means the following items and	81465
services, provided, except as provided in division (A)(6)(g) of	81466
this section, on a visiting basis in a place of residence used as	81467
the patient's home:	81468

(a) Nursing care provided by or under the supervision of a	81469
registered professional nurse;	81470

(b) Physical, occupational, or speech therapy ordered by the	81471
patient's attending physician;	81472

(c) Medical social services performed by or under the	81473
supervision of a qualified medical or psychiatric social worker	81474
and under the direction of the patient's attending physician;	81475

(d) Personal health care of the patient performed by aides in	81476
accordance with the orders of a doctor of medicine or osteopathy	81477
and under the supervision of a registered professional nurse;	81478

(e) Medical supplies and the use of medical appliances;

81479

(f) Medical services of interns and residents-in-training	81480
under an approved teaching program of a nonprofit hospital and	81481
under the direction and supervision of the patient's attending	81482
physician;	81483

(g) Any of the foregoing items and services which:

81484

(i) Are provided on an outpatient basis under arrangements	81485
made by the home health agency at a hospital or skilled nursing	81486
facility;	81487

(ii) Involve the use of equipment of such a nature that the	81488
items and services cannot readily be made available to the patient	81489
in the patient's place of residence, or which are furnished at the	81490
hospital or skilled nursing facility while the patient is there to	81491
receive any item or service involving the use of such equipment.	81492

Any attorney, physician, osteopath, podiatrist, chiropractor,	81493
dentist, psychologist, any employee of a hospital as defined in	81494
section 3701.01 of the Revised Code, any nurse licensed under	81495
Chapter 4723. of the Revised Code, any employee of an ambulatory	81496
health facility, any employee of a home health agency, any	81497
employee of an adult care facility as defined in section 3722.01	81498
of the Revised Code, ~~any employee of a community alternative home~~	81499
~~as defined in section 3724.01 of the Revised Code,~~ any employee of	81500
a nursing home, residential care facility, or home for the aging,	81501
as defined in section 3721.01 of the Revised Code, any senior	81502
service provider, any peace officer, coroner, clergyman, any	81503
employee of a community mental health facility, and any person	81504
engaged in social work or counseling having reasonable cause to	81505
believe that an adult is being abused, neglected, or exploited, or	81506
is in a condition which is the result of abuse, neglect, or	81507
exploitation shall immediately report such belief to the county	81508
department of job and family services. This section does not apply	81509
to employees of any hospital or public hospital as defined in	81510
section 5122.01 of the Revised Code.	81511

(B) Any person having reasonable cause to believe that an	81512
adult has suffered abuse, neglect, or exploitation may report, or	81513
cause reports to be made of such belief to the department.	81514

(C) The reports made under this section shall be made orally	81515
or in writing except that oral reports shall be followed by a	81516
written report if a written report is requested by the department.	81517
Written reports shall include:	81518

(1) The name, address, and approximate age of the adult who	81519
is the subject of the report;	81520

(2) The name and address of the individual responsible for	81521
the adult's care, if any individual is, and if the individual is	81522
known;	81523

(3) The nature and extent of the alleged abuse, neglect, or	81524
exploitation of the adult;	81525

(4) The basis of the reporter's belief that the adult has	81526
been abused, neglected, or exploited.	81527

(D) Any person with reasonable cause to believe that an adult	81528
is suffering abuse, neglect, or exploitation who makes a report	81529
pursuant to this section or who testifies in any administrative or	81530
judicial proceeding arising from such a report, or any employee of	81531
the state or any of its subdivisions who is discharging	81532
responsibilities under section 5101.62 of the Revised Code shall	81533
be immune from civil or criminal liability on account of such	81534
investigation, report, or testimony, except liability for perjury,	81535
unless the person has acted in bad faith or with malicious	81536
purpose.	81537

(E) No employer or any other person with the authority to do	81538
so shall discharge, demote, transfer, prepare a negative work	81539
performance evaluation, or reduce benefits, pay, or work	81540
privileges, or take any other action detrimental to an employee or	81541
in any way retaliate against an employee as a result of the	81542
employee's having filed a report under this section.	81543

(F) Neither the written or oral report provided for in this	81544
section nor the investigatory report provided for in section	81545
5101.62 of the Revised Code shall be considered a public record as	81546
defined in section 149.43 of the Revised Code. Information	81547
contained in the report shall upon request be made available to	81548
the adult who is the subject of the report, to agencies authorized	81549
by the department to receive information contained in the report,	81550
and to legal counsel for the adult.	81551

Sec. 5101.83. (A) As used in this section:

81552

(1) "Assistance group" has the same meaning as in section	81553
5107.02 of the Revised Code~~, except that it also means a group~~	81554
~~provided benefits and services under the prevention, retention,~~	81555
~~and contingency program~~.	81556

(2) "Fraudulent assistance" means ~~assistance and service,~~	81557
~~including~~ cash assistance, provided under the Ohio works first	81558
program established under Chapter 5107.~~, or benefits and services~~	81559
~~provided under the prevention, retention, and contingency program~~	81560
~~established under Chapter 5108.~~ of the Revised Code, to or on	81561
behalf of an assistance group that is provided as a result of	81562
fraud by a member of the assistance group, including an	81563
intentional violation of the program's requirements. "Fraudulent	81564
assistance" does not include cash assistance ~~or services~~ to or on	81565
behalf of an assistance group that is provided as a result of an	81566
error that is the fault of a county department of job and family	81567
services or the state department of job and family services.	81568

(B) If a county director of job and family services	81569
determines that an assistance group has received fraudulent	81570
assistance, the assistance group is ineligible to participate in	81571
the Ohio works first program ~~or the prevention, retention, and~~	81572
~~contingency program~~ until a member of the assistance group repays	81573
the cost of the fraudulent assistance. If a member repays the cost	81574
of the fraudulent assistance and the assistance group otherwise	81575
meets the eligibility requirements for the Ohio works first	81576
program ~~or the prevention, retention, and contingency program~~, the	81577
assistance group shall not be denied the opportunity to	81578
participate in the program.	81579

This section does not limit the ability of a county	81580
department of job and family services to recover erroneous	81581
payments under section 5107.76 of the Revised Code.	81582

The state department of job and family services shall adopt	81583
rules in accordance with Chapter 119. of the Revised Code to	81584
implement this section.	81585

Sec. 5101.84. An individual otherwise ineligible for aid	81586
under ~~Chapter 5107. or 5108.~~a Title IV-A program, as defined in	81587
section 5101.80 of the Revised Code, or ~~food stamps~~supplemental	81588
nutrition assistance program benefits under the "Food ~~Stamp~~and	81589
Nutrition Act of ~~1977," 78 Stat. 703,~~2008 (7 U.S.C. 2011~~, as~~	81590
~~amended,~~et seq.) because of paragraph (a) of ~~section 115 of the~~	81591
~~"Personal Responsibility and Work Opportunity Reconciliation Act~~	81592
~~of 1996," 110 Stat. 2105,~~ 21 U.S.C. 862a, is eligible for the aid	81593
or benefits if the individual meets all other eligibility	81594
requirements for the aid or benefits.	81595

Sec. 5104.01. As used in this chapter:

81596

(A) "Administrator" means the person responsible for the	81597
daily operation of a center or type A home. The administrator and	81598
the owner may be the same person.	81599

(B) "Approved child day camp" means a child day camp approved	81600
pursuant to section 5104.22 of the Revised Code.	81601

(C) "Authorized provider" means a person authorized by a	81602
county director of job and family services to operate a certified	81603
type B family day-care home.	81604

(D) "Border state child care provider" means a child care	81605
provider that is located in a state bordering Ohio and that is	81606
licensed, certified, or otherwise approved by that state to	81607
provide child care.	81608

(E) "Caretaker parent" means the father or mother of a child	81609
whose presence in the home is needed as the caretaker of the	81610
child, a person who has legal custody of a child and whose	81611
presence in the home is needed as the caretaker of the child, a	81612
guardian of a child whose presence in the home is needed as the	81613
caretaker of the child, and any other person who stands in loco	81614
parentis with respect to the child and whose presence in the home	81615
is needed as the caretaker of the child.	81616

(F) "Certified type B family day-care home" and "certified	81617
type B home" mean a type B family day-care home that is certified	81618
by the director of the county department of job and family	81619
services pursuant to section 5104.11 of the Revised Code to	81620
receive public funds for providing child care pursuant to this	81621
chapter and any rules adopted under it.	81622

(G) "Chartered nonpublic school" means a school that meets	81623
standards for nonpublic schools prescribed by the state board of	81624
education for nonpublic schools pursuant to section 3301.07 of the	81625
Revised Code.	81626

(H) "Child" includes an infant, toddler, preschool child, or	81627
school child.	81628

(I) "Child care block grant act" means the "Child Care and	81629
Development Block Grant Act of 1990," established in section 5082	81630
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	81631
1388-236 (1990), 42 U.S.C. 9858, as amended.	81632

(J) "Child day camp" means a program in which only school	81633
children attend or participate, that operates for no more than	81634
seven hours per day, that operates only during one or more public	81635
school district's regular vacation periods or for no more than	81636
fifteen weeks during the summer, and that operates outdoor	81637
activities for each child who attends or participates in the	81638
program for a minimum of fifty per cent of each day that children	81639
attend or participate in the program, except for any day when	81640
hazardous weather conditions prevent the program from operating	81641
outdoor activities for a minimum of fifty per cent of that day.	81642
For purposes of this division, the maximum seven hours of	81643
operation time does not include transportation time from a child's	81644
home to a child day camp and from a child day camp to a child's	81645
home.	81646

(K) "Child care" means administering to the needs of infants,	81647
toddlers, preschool children, and school children outside of	81648
school hours by persons other than their parents or guardians,	81649
custodians, or relatives by blood, marriage, or adoption for any	81650
part of the twenty-four-hour day in a place or residence other	81651
than a child's own home.	81652

(L) "Child day-care center" and "center" mean any place in	81653
which child care or publicly funded child care is provided for	81654
thirteen or more children at one time or any place that is not the	81655
permanent residence of the licensee or administrator in which	81656
child care or publicly funded child care is provided for seven to	81657
twelve children at one time. In counting children for the	81658
purposes of this division, any children under six years of age who	81659
are related to a licensee, administrator, or employee and who are	81660
on the premises of the center shall be counted. "Child day-care	81661
center" and "center" do not include any of the following:	81662

(1) A place located in and operated by a hospital, as defined	81663
in section 3727.01 of the Revised Code, in which the needs of	81664
children are administered to, if all the children whose needs are	81665
being administered to are monitored under the on-site supervision	81666
of a physician licensed under Chapter 4731. of the Revised Code or	81667
a registered nurse licensed under Chapter 4723. of the Revised	81668
Code, and the services are provided only for children who, in the	81669
opinion of the child's parent, guardian, or custodian, are	81670
exhibiting symptoms of a communicable disease or other illness or	81671
are injured;	81672

(2) A child day camp;

81673

(3) A place that provides child care, but not publicly funded	81674
child care, if all of the following apply:	81675

(a) An organized religious body provides the child care;

81676

(b) A parent, custodian, or guardian of at least one child	81677
receiving child care is on the premises and readily accessible at	81678
all times;	81679

(c) The child care is not provided for more than thirty days	81680
a year;	81681

(d) The child care is provided only for preschool and school	81682
children.	81683

(M) "Child care resource and referral service organization"	81684
means a community-based nonprofit organization that provides child	81685
care resource and referral services but not child care.	81686

(N) "Child care resource and referral services" means all of	81687
the following services:	81688

(1) Maintenance of a uniform data base of all child care	81689
providers in the community that are in compliance with this	81690
chapter, including current occupancy and vacancy data;	81691

(2) Provision of individualized consumer education to	81692
families seeking child care;	81693

(3) Provision of timely referrals of available child care	81694
providers to families seeking child care;	81695

(4) Recruitment of child care providers;

81696

(5) Assistance in the development, conduct, and dissemination	81697
of training for child care providers and provision of technical	81698
assistance to current and potential child care providers,	81699
employers, and the community;	81700

(6) Collection and analysis of data on the supply of and	81701
demand for child care in the community;	81702

(7) Technical assistance concerning locally, state, and	81703
federally funded child care and early childhood education	81704
programs;	81705

(8) Stimulation of employer involvement in making child care	81706
more affordable, more available, safer, and of higher quality for	81707
their employees and for the community;	81708

(9) Provision of written educational materials to caretaker	81709
parents and informational resources to child care providers;	81710

(10) Coordination of services among child care resource and	81711
referral service organizations to assist in developing and	81712
maintaining a statewide system of child care resource and referral	81713
services if required by the department of job and family services;	81714

(11) Cooperation with the county department of job and family	81715
services in encouraging the establishment of parent cooperative	81716
child care centers and parent cooperative type A family day-care	81717
homes.	81718

(O) "Child-care staff member" means an employee of a child	81719
day-care center or type A family day-care home who is primarily	81720
responsible for the care and supervision of children. The	81721
administrator may be a part-time child-care staff member when not	81722
involved in other duties.	81723

(P) "Drop-in child day-care center," "drop-in center,"	81724
"drop-in type A family day-care home," and "drop-in type A home"	81725
mean a center or type A home that provides child care or publicly	81726
funded child care for children on a temporary, irregular basis.	81727

(Q) "Employee" means a person who either:

81728

(1) Receives compensation for duties performed in a child	81729
day-care center or type A family day-care home;	81730

(2) Is assigned specific working hours or duties in a child	81731
day-care center or type A family day-care home.	81732

(R) "Employer" means a person, firm, institution,	81733
organization, or agency that operates a child day-care center or	81734
type A family day-care home subject to licensure under this	81735
chapter.	81736

(S) "Federal poverty line" means the official poverty	81737
guideline as revised annually in accordance with section 673(2) of	81738
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	81739
U.S.C. 9902, as amended, for a family size equal to the size of	81740
the family of the person whose income is being determined.	81741

(T) "Full-time week" means at least thirty-two and one-half	81742
hours and not more than sixty hours of care in a week for	81743
licensed child care centers and licensed type A homes and at	81744
least thirty-two and one-half hours and not more than fifty hours	81745
of care in a week for certified type B providers.	81746

(U) "Head start program" means a comprehensive child	81747
development program that receives funds distributed under the	81748
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	81749
amended, and is licensed as a child day-care center.	81750

~~(U)~~(V) "Income" means gross income, as defined in section	81751
5107.10 of the Revised Code, less any amounts required by federal	81752
statutes or regulations to be disregarded.	81753

~~(V)~~(W) "Indicator checklist" means an inspection tool, used	81754
in conjunction with an instrument-based program monitoring	81755
information system, that contains selected licensing requirements	81756
that are statistically reliable indicators or predictors of a	81757
child day-care center or type A family day-care home's compliance	81758
with licensing requirements.	81759

~~(W)~~(X) "Infant" means a child who is less than eighteen	81760
months of age.	81761

~~(X)~~(Y) "In-home aide" means a person who does not reside with	81762
the child but provides care in the child's home and is certified	81763
by a county director of job and family services pursuant to	81764
section 5104.12 of the Revised Code to provide publicly funded	81765
child care to a child in a child's own home pursuant to this	81766
chapter and any rules adopted under it.	81767

~~(Y)~~(Z) "Instrument-based program monitoring information	81768
system" means a method to assess compliance with licensing	81769
requirements for child day-care centers and type A family day-care	81770
homes in which each licensing requirement is assigned a weight	81771
indicative of the relative importance of the requirement to the	81772
health, growth, and safety of the children that is used to develop	81773
an indicator checklist.	81774

~~(Z)~~(AA) "License capacity" means the maximum number in each	81775
age category of children who may be cared for in a child day-care	81776
center or type A family day-care home at one time as determined by	81777
the director of job and family services considering building	81778
occupancy limits established by the department of commerce, number	81779
of available child-care staff members, amount of available indoor	81780
floor space and outdoor play space, and amount of available play	81781
equipment, materials, and supplies.	81782

~~(AA)~~(BB) "Licensed preschool program" or "licensed school	81783
child program" means a preschool program or school child program,	81784
as defined in section 3301.52 of the Revised Code, that is	81785
licensed by the department of education pursuant to sections	81786
3301.52 to 3301.59 of the Revised Code.	81787

~~(BB)~~(CC) "Licensee" means the owner of a child day-care	81788
center or type A family day-care home that is licensed pursuant to	81789
this chapter and who is responsible for ensuring its compliance	81790
with this chapter and rules adopted pursuant to this chapter.	81791

~~(CC)~~(DD) "Operate a child day camp" means to operate,	81792
establish, manage, conduct, or maintain a child day camp.	81793

~~(DD)~~(EE) "Owner" includes a person, as defined in section	81794
1.59 of the Revised Code, or government entity.	81795

~~(EE)~~(FF) "Parent cooperative child day-care center," "parent	81796
cooperative center," "parent cooperative type A family day-care	81797
home," and "parent cooperative type A home" mean a corporation or	81798
association organized for providing educational services to the	81799
children of members of the corporation or association, without	81800
gain to the corporation or association as an entity, in which the	81801
services of the corporation or association are provided only to	81802
children of the members of the corporation or association,	81803
ownership and control of the corporation or association rests	81804
solely with the members of the corporation or association, and at	81805
least one parent-member of the corporation or association is on	81806
the premises of the center or type A home during its hours of	81807
operation.	81808

~~(FF)~~(GG) "Part-time child day-care center," "part-time	81809
center," "part-time type A family day-care home," and "part-time	81810
type A home" mean a center or type A home that provides child care	81811
or publicly funded child care for no more than four hours a day	81812
for any child.	81813

~~(GG)~~(HH) "Place of worship" means a building where activities	81814
of an organized religious group are conducted and includes the	81815
grounds and any other buildings on the grounds used for such	81816
activities.	81817

~~(HH)~~(II) "Preschool child" means a child who is three years	81818
old or older but is not a school child.	81819

~~(II)~~(JJ) "Protective child care" means publicly funded child	81820
care for the direct care and protection of a child to whom either	81821
of the following applies:	81822

(1) A case plan prepared and maintained for the child	81823
pursuant to section 2151.412 of the Revised Code indicates a need	81824
for protective care and the child resides with a parent,	81825
stepparent, guardian, or another person who stands in loco	81826
parentis as defined in rules adopted under section 5104.38 of the	81827
Revised Code;	81828

(2) The child and the child's caretaker either temporarily	81829
reside in a facility providing emergency shelter for homeless	81830
families or are determined by the county department of job and	81831
family services to be homeless, and are otherwise ineligible for	81832
publicly funded child care.	81833

~~(JJ)~~(KK) "Publicly funded child care" means administering to	81834
the needs of infants, toddlers, preschool children, and school	81835
children under age thirteen during any part of the	81836
twenty-four-hour day by persons other than their caretaker parents	81837
for remuneration wholly or in part with federal or state funds,	81838
including funds available under the child care block grant act,	81839
Title IV-A, and Title XX, distributed by the department of job and	81840
family services.	81841

~~(KK)~~(LL) "Religious activities" means any of the following:	81842
worship or other religious services; religious instruction; Sunday	81843
school classes or other religious classes conducted during or	81844
prior to worship or other religious services; youth or adult	81845
fellowship activities; choir or other musical group practices or	81846
programs; meals; festivals; or meetings conducted by an organized	81847
religious group.	81848

~~(LL)~~(MM) "School child" means a child who is enrolled in or	81849
is eligible to be enrolled in a grade of kindergarten or above but	81850
is less than fifteen years old.	81851

~~(MM)~~(NN) "School child day-care center," "school child	81852
center," "school child type A family day-care home," and "school	81853
child type A family home" mean a center or type A home that	81854
provides child care for school children only and that does either	81855
or both of the following:	81856

(1) Operates only during that part of the day that	81857
immediately precedes or follows the public school day of the	81858
school district in which the center or type A home is located;	81859

(2) Operates only when the public schools in the school	81860
district in which the center or type A home is located are not	81861
open for instruction with pupils in attendance.	81862

~~(NN)~~(OO) "State median income" means the state median income	81863
calculated by the department of development pursuant to division	81864
(A)(1)(g) of section 5709.61 of the Revised Code.	81865

~~(OO)~~(PP) "Title IV-A" means Title IV-A of the "Social	81866
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	81867

~~(PP)~~(QQ) "Title XX" means Title XX of the "Social Security	81868
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	81869

~~(QQ)~~(RR) "Toddler" means a child who is at least eighteen	81870
months of age but less than three years of age.	81871

~~(RR)~~(SS) "Type A family day-care home" and "type A home" mean	81872
a permanent residence of the administrator in which child care or	81873
publicly funded child care is provided for seven to twelve	81874
children at one time or a permanent residence of the administrator	81875
in which child care is provided for four to twelve children at one	81876
time if four or more children at one time are under two years of	81877
age. In counting children for the purposes of this division, any	81878
children under six years of age who are related to a licensee,	81879
administrator, or employee and who are on the premises of the type	81880
A home shall be counted. "Type A family day-care home" and "type A	81881
home" do not include any child day camp.	81882

~~(SS)~~(TT) "Type B family day-care home" and "type B home" mean	81883
a permanent residence of the provider in which child care is	81884
provided for one to six children at one time and in which no more	81885
than three children are under two years of age at one time. In	81886
counting children for the purposes of this division, any children	81887
under six years of age who are related to the provider and who are	81888
on the premises of the type B home shall be counted. "Type B	81889
family day-care home" and "type B home" do not include any child	81890
day camp.	81891

Sec. 5104.051. (A)(1) The department of commerce is	81892
responsible for the inspections of child day-care centers as	81893
required by division (A)(1) of section 5104.05 of the Revised	81894
Code. Where there is a municipal, township, or county building	81895
department certified under section 3781.10 of the Revised Code to	81896
exercise enforcement authority with respect to the category of	81897
building occupancy which includes day-care centers, all	81898
inspections required under division (A)(1) of section 5104.05 of	81899
the Revised Code shall be made by that department according to the	81900
standards established by the board of building standards.	81901
Inspections in areas of the state where there is no municipal,	81902
township, or county building department certified under section	81903
3781.10 of the Revised Code to exercise enforcement authority with	81904
respect to the category of building occupancy which includes	81905
day-care centers shall be made by personnel of the department of	81906
commerce. Inspections of centers shall be contingent upon payment	81907
of a fee by the applicant to the department having jurisdiction to	81908
inspect.	81909

(2) The department of commerce is responsible for the	81910
inspections of type A family day-care homes as required by	81911
division (B)(3) of section 5104.05 of the Revised Code. Where	81912
there is a municipal, township, or county building department	81913
certified under section 3781.10 of the Revised Code to exercise	81914
enforcement authority with respect to the category of building	81915
occupancy which includes type A homes, all inspections required	81916
under division (B)(3) of section 5104.05 of the Revised Code shall	81917
be made by that department according to the standards established	81918
by the board of building standards. Inspections in areas of the	81919
state where there is no municipal, township, or county building	81920
department certified under section 3781.10 of the Revised Code to	81921
exercise enforcement authority with respect to the category of	81922
building occupancy which includes type A homes shall be made by	81923
personnel of the department of commerce. Inspections of type A	81924
homes shall be contingent upon payment of a fee by the applicant	81925
to the department having jurisdiction to inspect.	81926

(B) The state fire marshal is responsible for the inspections	81927
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	81928
Revised Code. In municipal corporations and in townships outside	81929
municipal corporations where there is a fire prevention official,	81930
the inspections shall be made by the fire chief or the fire	81931
prevention official under the supervision of and according to the	81932
standards established by the state fire marshal. In townships	81933
outside municipal corporations where there is no fire prevention	81934
official, inspections shall be made by the employees of the state	81935
fire marshal.	81936

(C) The state fire marshal shall enforce all statutes and	81937
rules pertaining to fire safety and fire prevention in child	81938
day-care centers and type A family day-care homes. In the event of	81939
a dispute between the state fire marshal and any other responsible	81940
officer under sections 5104.05 and 5104.051 of the Revised Code	81941
with respect to the interpretation or application of a specific	81942
fire safety statute or rule, the interpretation of the state fire	81943
marshal shall prevail.	81944

(D) As used in this division, "licensor" has the same meaning	81945
as in section 3717.01 of the Revised Code.	81946

The licensor for food service operations in the city or	81947
general health district in which the center is located is	81948
responsible for the inspections required under Chapter 3717. of	81949
the Revised Code.	81950

(E) Any moneys collected by the department of commerce under	81951
this section shall be paid into the state treasury to the credit	81952
of the ~~industrial compliance~~labor operating fund created in	81953
section 121.084 of the Revised Code.	81954

Sec. 5104.30. (A) The department of job and family services	81955
is hereby designated as the state agency responsible for	81956
administration and coordination of federal and state funding for	81957
publicly funded child care in this state. Publicly funded child	81958
care shall be provided to the following:	81959

(1) Recipients of transitional child care as provided under	81960
section 5104.34 of the Revised Code;	81961

(2) Participants in the Ohio works first program established	81962
under Chapter 5107. of the Revised Code;	81963

(3) Individuals who would be participating in the Ohio works	81964
first program if not for a sanction under section 5107.16 of the	81965
Revised Code and who continue to participate in a work activity,	81966
developmental activity, or alternative work activity pursuant to	81967
an assignment under section 5107.42 of the Revised Code;	81968

(4) A family receiving publicly funded child care on October	81969
1, 1997, until the family's income reaches one hundred fifty per	81970
cent of the federal poverty line;	81971

(5) Subject to available funds, other individuals determined	81972
eligible in accordance with rules adopted under section 5104.38 of	81973
the Revised Code.	81974

The department shall apply to the United States department of	81975
health and human services for authority to operate a coordinated	81976
program for publicly funded child care, if the director of job and	81977
family services determines that the application is necessary. For	81978
purposes of this section, the department of job and family	81979
services may enter into agreements with other state agencies that	81980
are involved in regulation or funding of child care. The	81981
department shall consider the special needs of migrant workers	81982
when it administers and coordinates publicly funded child care and	81983
shall develop appropriate procedures for accommodating the needs	81984
of migrant workers for publicly funded child care.	81985

(B) The department of job and family services shall	81986
distribute state and federal funds for publicly funded child care,	81987
including appropriations of state funds for publicly funded child	81988
care and appropriations of federal funds available under the child	81989
care block grant act, Title IV-A, and Title XX. The department may	81990
use any state funds appropriated for publicly funded child care as	81991
the state share required to match any federal funds appropriated	81992
for publicly funded child care.	81993

(C) In the use of federal funds available under the child	81994
care block grant act, all of the following apply:	81995

(1) The department may use the federal funds to hire staff to	81996
prepare any rules required under this chapter and to administer	81997
and coordinate federal and state funding for publicly funded child	81998
care.	81999

(2) Not more than five per cent of the aggregate amount of	82000
the federal funds received for a fiscal year may be expended for	82001
administrative costs.	82002

(3) The department shall allocate and use at least four per	82003
cent of the federal funds for the following:	82004

(a) Activities designed to provide comprehensive consumer	82005
education to parents and the public;	82006

(b) Activities that increase parental choice;

82007

(c) Activities, including child care resource and referral	82008
services, designed to improve the quality, and increase the	82009
supply, of child care;	82010

(d) Establishing a voluntary child day-care center	82011
quality-rating program in which participation in the program may	82012
allow a child day-care center to be eligible for grants, technical	82013
assistance, training, or other assistance and become eligible for	82014
unrestricted monetary awards for maintaining a quality rating.	82015

(4) The department shall ensure that the federal funds will	82016
be used only to supplement, and will not be used to supplant,	82017
federal, state, and local funds available on the effective date of	82018
the child care block grant act for publicly funded child care and	82019
related programs. AIf authorized by rules adopted by the	82020
department pursuant to section 5104.42 of the Revised Code, county	82021
~~department~~departments of job and family services may purchase	82022
child care from funds obtained through any other means.	82023

(D) The department shall encourage the development of	82024
suitable child care throughout the state, especially in areas with	82025
high concentrations of recipients of public assistance and	82026
families with low incomes. The department shall encourage the	82027
development of suitable child care designed to accommodate the	82028
special needs of migrant workers. On request, the department,	82029
through its employees or contracts with state or community child	82030
care resource and referral service organizations, shall provide	82031
consultation to groups and individuals interested in developing	82032
child care. The department of job and family services may enter	82033
into interagency agreements with the department of education, the	82034
board of regents, the department of development, and other state	82035
agencies and entities whenever the cooperative efforts of the	82036
other state agencies and entities are necessary for the department	82037
of job and family services to fulfill its duties and	82038
responsibilities under this chapter.	82039

The department shall develop and maintain a registry of	82040
persons providing child care. The director shall adopt rules	82041
pursuant to Chapter 119. of the Revised Code establishing	82042
procedures and requirements for the registry's administration.	82043

(E)(1) The director shall adopt rules in accordance with	82044
Chapter 119. of the Revised Code establishing both of the	82045
following:	82046

(a) Reimbursement ceilings for providers of publicly funded	82047
child care not later than the first day of July in each	82048
odd-numbered year;	82049

(b) A procedure for reimbursing and paying providers of	82050
publicly funded child care.	82051

(2) In establishing reimbursement ceilings under division	82052
(E)(1)(a) of this section, the director shall do all of the	82053
following:	82054

(a) Use the information obtained under division (B)(3) of	82055
section 5104.04 of the Revised Code;	82056

(b) Establish an enhanced reimbursement ceiling for providers	82057
who provide child care for caretaker parents who work	82058
nontraditional hours;	82059

(c) For a type B family day-care home provider that has	82060
received limited certification pursuant to rules adopted under	82061
division (G)(1) of section 5104.011 of the Revised Code, establish	82062
a reimbursement ceiling that is the following:	82063

(i) If the provider is a person described in division	82064
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	82065
per cent of the reimbursement ceiling that applies to a type B	82066
family day-care home certified by the same county department of	82067
job and family services pursuant to section 5104.11 of the Revised	82068
Code;	82069

(ii) If the provider is a person described in division	82070
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	82071
cent of the reimbursement ceiling that applies to a type B	82072
family day-care home certified by the same county department	82073
pursuant to section 5104.11 of the Revised Code.	82074

(3) In establishing reimbursement ceilings under division	82075
(E)(1)(a) of this section, the director may establish different	82076
reimbursement ceilings based on any of the following:	82077

(a) Geographic location of the provider;

82078

(b) Type of care provided;

82079

82080

(d) Special needs of the child served;

82081

(e) Whether the expanded hours of service are provided;

82082

(f) Whether weekend service is provided;

82083

(g) Whether the provider has exceeded the minimum	82084
requirements of state statutes and rules governing child care;	82085

(h) Any other factors the director considers appropriate.

82086

(F) The director shall adopt rules in accordance with Chapter	82087
119. of the Revised Code to implement the voluntary child day-care	82088
center quality-rating program described in division (C)(3)(d) of	82089
this section.	82090

Sec. 5104.32. (A) Except as provided in division (C) of this	82091
section, all purchases of publicly funded child care shall be made	82092
under a contract entered into by a licensed child day-care center,	82093
licensed type A family day-care home, certified type B family	82094
day-care home, certified in-home aide, approved child day camp,	82095
licensed preschool program, licensed school child program, or	82096
border state child care provider and the county department of job	82097
and family services. A county department of job and family	82098
services may enter into a contract with a provider for publicly	82099
funded child care for a specified period of time or upon a	82100
continuous basis for an unspecified period of time. All contracts	82101
for publicly funded child care shall be contingent upon the	82102
availability of state and federal funds. The department of job and	82103
family services shall prescribe a standard form to be used for all	82104
contracts for the purchase of publicly funded child care,	82105
regardless of the source of public funds used to purchase the	82106
child care. To the extent permitted by federal law and	82107
notwithstanding any other provision of the Revised Code that	82108
regulates state or county contracts or contracts involving the	82109
expenditure of state, county, or federal funds, all contracts for	82110
publicly funded child care shall be entered into in accordance	82111
with the provisions of this chapter and are exempt from any other	82112
provision of the Revised Code that regulates state or county	82113
contracts or contracts involving the expenditure of state, county,	82114
or federal funds.	82115

(B) Each contract for publicly funded child care shall	82116
specify at least the following:	82117

(1) That the provider of publicly funded child care agrees to	82118
be paid for rendering services at the lowest of the rate	82119
customarily charged by the provider for children enrolled for	82120
child care, the reimbursement ceiling or rate of payment	82121
established pursuant to section 5104.30 of the Revised Code, or a	82122
rate the county department negotiates with the provider;	82123

(2) That, if a provider provides child care to an individual	82124
potentially eligible for publicly funded child care who is	82125
subsequently determined to be eligible, the county department	82126
agrees to pay for all child care provided between the date the	82127
county department receives the individual's completed application	82128
and the date the individual's eligibility is determined;	82129

(3) Whether the county department of job and family services,	82130
the provider, or a child care resource and referral service	82131
organization will make eligibility determinations, whether the	82132
provider or a child care resource and referral service	82133
organization will be required to collect information to be used by	82134
the county department to make eligibility determinations, and the	82135
time period within which the provider or child care resource and	82136
referral service organization is required to complete required	82137
eligibility determinations or to transmit to the county department	82138
any information collected for the purpose of making eligibility	82139
determinations;	82140

(4) That the provider, other than a border state child care	82141
provider, shall continue to be licensed, approved, or certified	82142
pursuant to this chapter and shall comply with all standards and	82143
other requirements in this chapter and in rules adopted pursuant	82144
to this chapter for maintaining the provider's license, approval,	82145
or certification;	82146

(5) That, in the case of a border state child care provider,	82147
the provider shall continue to be licensed, certified, or	82148
otherwise approved by the state in which the provider is located	82149
and shall comply with all standards and other requirements	82150
established by that state for maintaining the provider's license,	82151
certificate, or other approval;	82152

(6) Whether the provider will be paid by the county	82153
department of job and family services or, the state department of	82154
job and family services, or in some other manner as prescribed by	82155
rules adopted under section 5104.42 of the Revised Code;	82156

(7) That the contract is subject to the availability of state	82157
and federal funds.	82158

(C) Unless specifically prohibited by federal law or by rules	82159
adopted under section 5104.42 of the Revised Code, the county	82160
department of job and family services shall give individuals	82161
eligible for publicly funded child care the option of obtaining	82162
certificates for payment that the individual may use to purchase	82163
services from any provider qualified to provide publicly funded	82164
child care under section 5104.31 of the Revised Code. Providers of	82165
publicly funded child care may present these certificates for	82166
payment for reimbursement in accordance with rules that the	82167
director of job and family services shall adopt. Only providers	82168
may receive reimbursement for certificates for payment. The value	82169
of the certificate for payment shall be based on the lowest of the	82170
rate customarily charged by the provider, the reimbursement	82171
ceiling or rate of payment established pursuant to section 5104.30	82172
of the Revised Code, or a rate the county department negotiates	82173
with the provider. The county department may provide the	82174
certificates for payment to the individuals or may contract with	82175
child care providers or child care resource and referral service	82176
organizations that make determinations of eligibility for publicly	82177
funded child care pursuant to contracts entered into under section	82178
5104.34 of the Revised Code for the providers or resource and	82179
referral service organizations to provide the certificates for	82180
payment to individuals whom they determine are eligible for	82181
publicly funded child care.	82182

For each six-month period a provider of publicly funded child	82183
care provides publicly funded child day-care to the child of an	82184
individual given certificates for payment, the individual shall	82185
provide the provider certificates for days the provider would have	82186
provided publicly funded child care to the child had the child	82187
been present. ~~County departments shall specify the maximum number~~	82188
~~of days providers will be provided certificates of payment for~~	82189
~~days the provider would have provided publicly funded child care~~	82190
~~had the child been present.~~ The maximum number of days providers	82191
shall be provided certificates shall not exceed ten days in a	82192
six-month period during which publicly funded child care is	82193
provided to the child regardless of the number of providers that	82194
provide publicly funded child care to the child during that	82195
period.	82196

Sec. 5104.341. (A) Except as provided in division (B) of	82197
this section, both of the following apply:	82198

(1) An eligibility determination made under section 5104.34	82199
of the Revised Code for publicly funded child care is valid for	82200
one year;	82201

(2) The county department of job and family services shall	82202
~~redetermine~~adjust the appropriate level of a fee charged under	82203
division (B) of section 5104.34 of the Revised Code ~~every six~~	82204
~~months during the one-year period, unless~~if a caretaker parent	82205
~~requests that the fee be reduced due to~~reports changes in income,	82206
family size, or both ~~and the county department of job and family~~	82207
~~services approves the reduction~~.	82208

(B) Division (A) of this section does not apply in either of	82209
the following circumstances:	82210

(1) The publicly funded child care is provided under division	82211
(B)(4) of section 5104.35 of the Revised Code;	82212

(2) The recipient of the publicly funded child care ceases to	82213
be eligible for publicly funded child care.	82214

Sec. 5104.35. (A) The county department of job and family	82215
services shall do all of the following:	82216

(1) Accept any gift, grant, or other funds from either public	82217
or private sources offered unconditionally or under conditions	82218
which are, in the judgment of the department, proper and	82219
consistent with this chapter and deposit the funds in the county	82220
public assistance fund established by section 5101.161 of the	82221
Revised Code;	82222

(2) Recruit individuals and groups interested in	82223
certification as in-home aides or in developing and operating	82224
suitable licensed child day-care centers, type A family day-care	82225
homes, or certified type B family day-care homes, especially in	82226
areas with high concentrations of recipients of public assistance,	82227
and for that purpose provide consultation to interested	82228
individuals and groups on request;	82229

(3) Inform clients of the availability of child care	82230
services;	82231

(4) Pay to a child day-care center, type A family day-care	82232
home, certified type B family day-care home, in-home aide,	82233
approved child day camp, licensed preschool program, licensed	82234
school child program, or border state child care provider for	82235
child care services, the amount provided for in division (B) of	82236
section 5104.32 of the Revised Code. If part of the cost of care	82237
of a child is paid by the child's parent or any other person, the	82238
amount paid shall be subtracted from the amount the ~~county~~	82239
~~department pays~~provider is paid.	82240

(5) In accordance with rules adopted pursuant to section	82241
5104.39 of the Revised Code, provide monthly reports to the	82242
director of job and family services and the director of budget and	82243
management regarding expenditures for the purchase of publicly	82244
funded child care.	82245

(B) The county department of job and family services may do	82246
any of the following:	82247

(1) To the extent permitted by federal law, use public child	82248
care funds to extend the hours of operation of the county	82249
department to accommodate the needs of working caretaker parents	82250
and enable those parents to apply for publicly funded child care;	82251

(2) In accordance with rules adopted by the director of job	82252
and family services, request a waiver of the reimbursement ceiling	82253
established pursuant to section 5104.30 of the Revised Code for	82254
the purpose of paying a higher rate for publicly funded child care	82255
based upon the special needs of a child;	82256

(3) To the extent permitted by federal law, use state and	82257
federal funds to pay deposits and other advance payments that a	82258
provider of child care customarily charges all children who	82259
receive child care from that provider;	82260

(4) To the extent permitted by federal law, pay for up to	82261
thirty days of child care for a child whose caretaker parent is	82262
seeking employment, taking part in employment orientation	82263
activities, or taking part in activities in anticipation of	82264
enrollment or attendance in an education or training program or	82265
activity, if the employment or education or training program or	82266
activity is expected to begin within the thirty-day period.	82267

Sec. 5104.38. In addition to any other rules adopted under	82268
this chapter, the director of job and family services shall adopt	82269
rules in accordance with Chapter 119. of the Revised Code	82270
governing financial and administrative requirements for publicly	82271
funded child care and establishing all of the following:	82272

(A) Procedures and criteria to be used in making	82273
determinations of eligibility for publicly funded child care that	82274
give priority to children of families with lower incomes and	82275
procedures and criteria for eligibility for publicly funded	82276
protective child care. The rules shall specify the maximum amount	82277
of income a family may have for initial and continued eligibility.	82278
The maximum amount shall not exceed two hundred per cent of the	82279
federal poverty line.	82280

(B) Procedures under which a county department of job and	82281
family services may, if the department, under division (A) of this	82282
section, specifies a maximum amount of income a family may have	82283
for eligibility for publicly funded child care that is less than	82284
the maximum amount specified in that division, specify a maximum	82285
amount of income a family residing in the county the county	82286
department serves may have for initial and continued eligibility	82287
for publicly funded child care that is higher than the amount	82288
specified by the department but does not exceed the maximum amount	82289
specified in division (A) of this section;	82290

(C) A schedule of fees requiring all eligible caretaker	82291
parents to pay a fee for publicly funded child care according to	82292
income and family size, which shall be uniform for all types of	82293
publicly funded child care, except as authorized by rule, and, to	82294
the extent permitted by federal law, shall permit the use of state	82295
and federal funds to pay the customary deposits and other advance	82296
payments that a provider charges all children who receive child	82297
care from that provider. The schedule of fees may not provide for	82298
a caretaker parent to pay a fee that exceeds ten per cent of the	82299
parent's family income.	82300

(D) A formula based upon a percentage of the county's total	82301
expenditures for publicly funded child care for determining the	82302
maximum amount of state and federal funds appropriated for	82303
publicly funded child care that a county department may use for	82304
administrative purposes;	82305

(E) Procedures to be followed by the department and county	82306
departments in recruiting individuals and groups to become	82307
providers of child care;	82308

(F) Procedures to be followed in establishing state or local	82309
programs designed to assist individuals who are eligible for	82310
publicly funded child care in identifying the resources available	82311
to them and to refer the individuals to appropriate sources to	82312
obtain child care;	82313

(G) Procedures to deal with fraud and abuse committed by	82314
either recipients or providers of publicly funded child care;	82315

(H) Procedures for establishing a child care grant or loan	82316
program in accordance with the child care block grant act;	82317

(I) Standards and procedures for applicants to apply for	82318
grants and loans, and for the department to make grants and loans;	82319

(J) A definition of "person who stands in loco parentis" for	82320
the purposes of division ~~(II)~~(JJ)(1) of section 5104.01 of the	82321
Revised Code;	82322

(K) Procedures for a county department of job and family	82323
services to follow in making eligibility determinations and	82324
redeterminations for publicly funded child care available through	82325
telephone, computer, and other means at locations other than the	82326
county department;	82327

(L) Any other rules necessary to carry out sections 5104.30	82328
to 5104.39 of the Revised Code.	82329

Sec. 5104.39. (A) The director of job and family services	82330
shall adopt rules in accordance with Chapter 119. of the Revised	82331
Code establishing a procedure for monitoring the expenditures of	82332
county departments of job and family services to ensure that	82333
expenditures do not exceed the available federal and state funds	82334
for publicly funded child care. The department, with the	82335
assistance of the office of budget and management and the child	82336
care advisory council created pursuant to section 5104.08 of the	82337
Revised Code, shall monitor the anticipated future expenditures of	82338
county departments for publicly funded child care and shall	82339
compare those anticipated future expenditures to available federal	82340
and state funds for publicly funded child care. Whenever the	82341
department determines that the anticipated future expenditures of	82342
the county departments will exceed the available federal and state	82343
funds for publicly funded child care~~, it~~and the department	82344
reimburses the county departments in accordance with rules adopted	82345
under section 5104.42 of the Revised Code, the department shall	82346
promptly ~~shall~~ notify the county departments and, before the	82347
available state and federal funds are used, the director shall	82348
issue and implement an administrative order that shall specify	82349
both of the following:	82350

(1) Priorities for expending the remaining available federal	82351
and state funds for publicly funded child care;	82352

(2) Instructions and procedures to be used by the county	82353
departments.	82354

(B) The order may do any or all of the following:

82355

(1) Suspend enrollment of all new participants in any program	82356
of publicly funded child care;	82357

(2) Limit enrollment of new participants to those with	82358
incomes at or below a specified percentage of the federal poverty	82359
line;	82360

(3) Disenroll existing participants with income above a	82361
specified percentage of the federal poverty line.	82362

(C) Each county department shall comply with the order no	82363
later than thirty days after it is issued. If the department fails	82364
to notify the county departments and to implement the reallocation	82365
priorities specified in the order before the available federal and	82366
state funds for publicly funded child care are used, the state	82367
department shall provide sufficient funds to the county	82368
departments for publicly funded child care to enable each county	82369
department to pay for all publicly funded child care that was	82370
provided by providers pursuant to contract prior to the date that	82371
the county department received notice under this section and the	82372
state department implemented in that county the priorities.	82373

(D) If after issuing an order under this section to suspend	82374
or limit enrollment of new participants or disenroll existing	82375
participants the department determines that available state and	82376
federal funds for publicly funded child care exceed the	82377
anticipated future expenditures of the county departments, the	82378
director may issue and implement another administrative order	82379
increasing income eligibility levels to a specified percentage of	82380
the federal poverty line. The order shall include instructions and	82381
procedures to be used by the county departments. Each county	82382
department shall comply with the order not later than thirty days	82383
after it is issued.	82384

(E) The department of job and family services shall do all of	82385
the following:	82386

(1) Conduct a quarterly evaluation of the program of publicly	82387
funded child care that is operated pursuant to sections 5104.30 to	82388
5104.39 of the Revised Code;	82389

(2) Prepare reports based upon the evaluations that specify	82390
for each county the number of participants and amount of	82391
expenditures;	82392

(3) Provide copies of the reports to both houses of the	82393
general assembly and, on request, to interested parties.	82394

Sec. 5104.42. The director of job and family services shall	82395
adopt rules pursuant to section 111.15 of the Revised Code	82396
establishing a payment procedure for publicly funded child care.	82397
The rules may provide that the department of job and family	82398
services will ~~either~~ reimburse county departments of job and	82399
family services for payments made to providers of publicly funded	82400
child care or, make direct payments to providers ~~pursuant to an~~	82401
~~agreement entered into with a county board of commissioners~~	82402
~~pursuant to section 5101.21 of the Revised Code~~, or establish	82403
another system for the payment of publicly funded child care.	82404

Alternately, the director, by rule adopted in accordance with	82405
section 111.15 of the Revised Code, may establish a methodology	82406
for allocating among the county departments the state and federal	82407
funds appropriated for all publicly funded child care services. If	82408
the department chooses to allocate funds for publicly funded child	82409
care, it may provide the funds to each county department, up to	82410
the limit of the county's allocation, by advancing the funds or	82411
reimbursing county care expenditures. The rules adopted under this	82412
section may prescribe procedures for making the advances or	82413
reimbursements. The rules may establish a method under which the	82414
department may determine which county expenditures for child care	82415
services are allowable for use of and federal funds.	82416

The rules may establish procedures that a county department	82417
shall follow when the county department determines that its	82418
anticipated future expenditures for publicly funded child care	82419
services will exceed the amount of state and federal funds	82420
allocated by the state department. The procedures may include	82421
suspending or limiting enrollment of new participants.	82422

Sec. 5107.05. The director of job and family services shall	82423
adopt rules to implement this chapter. The rules shall be	82424
consistent with Title IV-A, Title IV-D, federal regulations, state	82425
law, the Title IV-A state plan submitted to the United States	82426
secretary of health and human services under section 5101.80 of	82427
the Revised Code, amendments to the plan, and waivers granted by	82428
the United States secretary. Rules governing eligibility, program	82429
participation, and other applicant and participant requirements	82430
shall be adopted in accordance with Chapter 119. of the Revised	82431
Code. Rules governing financial and other administrative	82432
requirements applicable to the department of job and family	82433
services and county departments of job and family services shall	82434
be adopted in accordance with section 111.15 of the Revised Code.	82435

(A) The rules shall specify, establish, or govern all of the	82436
following:	82437

(1) A payment standard for Ohio works first based on federal	82438
and state appropriations that is increased in accordance with	82439
section 5107.04 of the Revised Code;	82440

(2) For the purpose of section 5107.04 of the Revised Code,	82441
the method of determining the amount of cash assistance an	82442
assistance group receives under Ohio works first;	82443

(3) Requirements for initial and continued eligibility for	82444
Ohio works first, including requirements regarding income,	82445
citizenship, age, residence, and assistance group composition;	82446

(4) For the purpose of section 5107.12 of the Revised Code,	82447
application and verification procedures, including the minimum	82448
information an application must contain;	82449

(5) The extent to which a participant of Ohio works first	82450
must notify, pursuant to section 5107.12 of the Revised Code, a	82451
county department of job and family services of additional income	82452
not previously reported to the county department;	82453

(6) For the purpose of section 5107.16 of the Revised Code,	82454
~~standards~~all of the following:	82455

(a) Standards for the determination of good cause for failure	82456
or refusal to comply in full with a provision of a	82457
self-sufficiency contract;	82458

(b) The compliance form a member of an assistance group may	82459
complete to indicate willingness to come into full compliance	82460
with a provision of a self-sufficiency contract;	82461

(c) The manner by which the compliance form is to be	82462
completed and provided to a county department of job and family	82463
services.	82464

(7) The department of job and family services providing	82465
written notice of a sanction under section 5107.161 of the Revised	82466
Code;	82467

(8) For the purpose of division (A)(2) of section 5107.17 of	82468
the Revised Code, the period of time by which a county department	82469
of job and family services is to receive a compliance form	82470
established in rules adopted under division (A)(6)(b) of this	82471
section;	82472

(9) Requirements for the collection and distribution of	82473
support payments owed participants of Ohio works first pursuant to	82474
section 5107.20 of the Revised Code;	82475

~~(9)~~(10) For the purpose of section 5107.22 of the Revised	82476
Code, what constitutes cooperating in establishing a minor	82477
child's paternity or establishing, modifying, or enforcing a	82478
child support order and good cause for failure or refusal to	82479
cooperate;	82480

~~(10)~~(11) The requirements governing the LEAP program,	82481
including the definitions of "equivalent of a high school	82482
diploma" and "good cause," and the incentives provided under the	82483
LEAP program;	82484

~~(11)~~(12) If the director implements section 5107.301 of the	82485
Revised Code, the requirements governing the award provided under	82486
that section, including the form that the award is to take and	82487
requirements an individual must satisfy to receive the award;	82488

~~(12)~~(13) Circumstances under which a county department of job	82489
and family services may exempt a minor head of household or adult	82490
from participating in a work activity or developmental activity	82491
for all or some of the weekly hours otherwise required by section	82492
5107.43 of the Revised Code.	82493

~~(13)~~(14) The maximum amount of time the department will	82494
subsidize positions created by state agencies and political	82495
subdivisions under division (C) of section 5107.52 of the Revised	82496
Code;	82497

~~(14)~~(15) The implementation of sections 5107.71 to 5107.717	82498
of the Revised Code by county departments of job and family	82499
services;	82500

~~(15)~~(16) A domestic violence screening process to be used for	82501
the purpose of division (A) of section 5107.71 of the Revised	82502
Code;	82503

~~(16)~~(17) The minimum frequency with which county departments	82504
of job and family services must redetermine a member of an	82505
assistance group's need for a waiver issued under section	82506
5107.714 of the Revised Code.	82507

(B) The rules adopted under division (A)(3) of this section	82508
regarding income shall specify what is countable income, gross	82509
earned income, and gross unearned income for the purpose of	82510
section 5107.10 of the Revised Code.	82511

The rules adopted under division (A)~~(9)~~(10) of this section	82512
shall be consistent with 42 U.S.C. 654(29).	82513

The rules adopted under division (A)~~(12)~~(13) of this section	82514
shall specify that the circumstances include that a school or	82515
place of work is closed due to a holiday or weather or other	82516
emergency and that an employer grants the minor head of household	82517
or adult leave for illness or earned vacation.	82518

(C) The rules may provide that a county department of job and	82519
family services is not required to take action under section	82520
5107.76 of the Revised Code to recover an erroneous payment that	82521
is below an amount the department specifies.	82522

Sec. 5107.16. (A) If a member of an assistance group fails	82523
or refuses, without good cause, to comply in full with a provision	82524
of a self-sufficiency contract entered into under section 5107.14	82525
of the Revised Code, a county department of job and family	82526
services shall sanction the assistance group as follows:	82527

(1) For a first failure or refusal, the county department	82528
shall deny or terminate the assistance group's eligibility to	82529
participate in Ohio works first for one payment month or until the	82530
failure or refusal ceases, whichever is longer;	82531

(2) For a second failure or refusal, the county department	82532
shall deny or terminate the assistance group's eligibility to	82533
participate in Ohio works first for three payment months or until	82534
the failure or refusal ceases, whichever is longer;	82535

(3) For a third or subsequent failure or refusal, the county	82536
department shall deny or terminate the assistance group's	82537
eligibility to participate in Ohio works first for six payment	82538
months or until the failure or refusal ceases, whichever is	82539
longer.	82540

(B) The director of job and family services shall establish	82541
standards for the determination of good cause for failure or	82542
refusal to comply in full with a provision of a self-sufficiency	82543
contract in rules adopted under section 5107.05 of the Revised	82544
Code.	82545

(C) The director of job and family services shall provide a	82546
compliance form established in rules adopted under section 5107.05	82547
of the Revised Code to an assistance group member who fails or	82548
refuses, without good cause, to comply in full with a provision of	82549
a self-sufficiency contract. The member's failure or refusal to	82550
comply in full with the provision shall be deemed to have ceased	82551
on the date a county department of job and family services	82552
receives the compliance form from the member if the compliance	82553
form is completed and provided to the county department in the	82554
manner specified in rules adopted under section 5107.05 of the	82555
Revised Code.	82556

(D) After sanctioning an assistance group under division (A)	82557
of this section, a county department of job and family services	82558
shall continue to work with the assistance group.	82559

~~(D)~~(E) An adult eligible for medicaid pursuant to division	82560
(A)(1)(a) of section 5111.01 of the Revised Code who is sanctioned	82561
under division (A)(3) of this section for a failure or refusal,	82562
without good cause, to comply in full with a provision of a	82563
self-sufficiency contract related to work responsibilities under	82564
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	82565
for medicaid unless the adult is otherwise eligible for medicaid	82566
pursuant to another division of section 5111.01 of the Revised	82567
Code.	82568

An assistance group that would be participating in Ohio	82569
works first if not for a sanction under this section shall	82570
continue to be eligible for all of the following:	82571

(1) Publicly funded child care in accordance with division	82572
(A)(3) of section 5104.30 of the Revised Code;	82573

(2) Support services in accordance with section 5107.66 of	82574
the Revised Code;	82575

(3) To the extent permitted by the "Fair Labor Standards Act	82576
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to	82577
participate in work activities, developmental activities, and	82578
alternative work activities in accordance with sections 5107.40 to	82579
5107.69 of the Revised Code.	82580

Sec. 5107.17. An assistance group that resumes participation	82581
in Ohio works first following a sanction under section 5107.16 of	82582
the Revised Code is not required to do either of the following:	82583

(A) Reapply under section 5107.12 of the Revised Code, unless	82584
iteither of the following applies:	82585

(1) It is the assistance group's regularly scheduled time for	82586
an eligibility redetermination;	82587

(2) The county department of job and family services does not	82588
receive the completed compliance form established in rules adopted	82589
under section 5107.05 of the Revised Code within the period of	82590
time specified in rules adopted under that section.	82591

(B) Enter into a new self-sufficiency contract under section	82592
5107.14 of the Revised Code, unless the county department of job	82593
and family services determines it is time for a new appraisal	82594
under section 5107.41 of the Revised Code or the assistance	82595
group's circumstances have changed in a manner necessitating an	82596
amendment to the self-sufficiency contract as determined using	82597
procedures included in the contract under division (B)(9) of	82598
section 5107.14 of the Revised Code.	82599

Sec. 5107.58. In accordance with a federal waiver granted by	82600
the United States secretary of health and human services pursuant	82601
to a request made under former section 5101.09 of the Revised	82602
Code, county departments of job and family services may establish	82603
and administer as a work activity for minor heads of households	82604
and adults participating in Ohio works first an education program	82605
under which the participant is enrolled full-time in	82606
post-secondary education leading to vocation at a state	82607
institution of higher education, as defined in section 3345.031 of	82608
the Revised Code; a private nonprofit college or university that	82609
possesses a certificate of authorization issued by the Ohio board	82610
of regents pursuant to Chapter 1713. of the Revised Code, or is	82611
exempted by division (E) of section 1713.02 of the Revised Code	82612
from the requirement of a certificate; a school that holds a	82613
certificate of registration and program authorization issued by	82614
the state board of career colleges and schools under Chapter 3332.	82615
of the Revised Code; a private institution exempt from regulation	82616
under Chapter 3332. of the Revised Code as prescribed in section	82617
3333.046 of the Revised Code; or a school that has entered into a	82618
contract with the county department of job and family services.	82619
The participant shall make reasonable efforts, as determined by	82620
the county department, to obtain aan applicable loan,	82621
scholarship, grant, or other assistance to pay for the tuition,	82622
including a federal Pell grant under 20 U.S.C.A. 1070a, an Ohio	82623
instructional grant under section 3333.12 of the Revised Code, and	82624
an Ohio college opportunity grant, a private higher education	82625
need-based financial aid block grant program grant, and a	82626
career-college needs-based financial aid block grant program grant	82627
under section 3333.122 of the Revised Code. If the participant has	82628
made reasonable efforts but is unable to obtain sufficient	82629
assistance to pay the tuition the program may pay the tuition. On	82630
or after October 1, 1998, the county department may enter into a	82631
loan agreement with the participant to pay the tuition. The total	82632
period for which tuition is paid and loans made shall not exceed	82633
two years. If the participant, pursuant to division (B)(3) of	82634
section 5107.43 of the Revised Code, volunteers to participate in	82635
the education program for more hours each week than the	82636
participant is assigned to the program, the program may pay or the	82637
county department may loan the cost of the tuition for the	82638
additional voluntary hours as well as the cost of the tuition for	82639
the assigned number of hours. The participant may receive, for not	82640
more than three years, support services, including publicly funded	82641
child care under Chapter 5104. of the Revised Code and	82642
transportation, that the participant needs to participate in the	82643
program. To receive support services in the third year, the	82644
participant must be, as determined by the educational institution	82645
in which the participant is enrolled, in good standing with the	82646
institution.	82647

A county department that provides loans under this section	82648
shall establish procedures governing loan application for and	82649
approval and administration of loans granted pursuant to this	82650
section.	82651

Sec. 5111.01. As used in this chapter, "medical assistance	82652
program" or "medicaid" means the program that is authorized by	82653
this chapter and provided by the department of job and family	82654
services under this chapter, Title XIX of the "Social Security	82655
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	82656
waivers of Title XIX requirements granted to the department by the	82657
centers for medicare and medicaid services of the United States	82658
department of health and human services.	82659

The department of job and family services shall act as the	82660
single state agency to supervise the administration of the	82661
medicaid program. As the single state agency, the department shall	82662
comply with 42 C.F.R. 431.10(e). The department's rules governing	82663
medicaid are binding on other agencies that administer components	82664
of the medicaid program. No agency may establish, by rule or	82665
otherwise, a policy governing medicaid that is inconsistent with a	82666
medicaid policy established, in rule or otherwise, by the director	82667
of job and family services.	82668

(A) The department of job and family services may provide	82669
medical assistance under the medicaid program as long as federal	82670
funds are provided for such assistance, to the following:	82671

(1) Families with children that meet either of the following	82672
conditions:	82673

(a) The family meets the income, resource, and family	82674
composition requirements in effect on July 16, 1996, for the	82675
former aid to dependent children program as those requirements	82676
were established by Chapter 5107. of the Revised Code, federal	82677
waivers granted pursuant to requests made under former section	82678
5101.09 of the Revised Code, and rules adopted by the department	82679
or any changes the department makes to those requirements in	82680
accordance with paragraph (a)(2) of section 114 of the "Personal	82681
Responsibility and Work Opportunity Reconciliation Act of 1996,"	82682
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	82683
implementing section 5111.019 of the Revised Code. An adult loses	82684
eligibility for medicaid under division (A)(1)(a) of this section	82685
pursuant to division ~~(D)~~(E) of section 5107.16 of the Revised	82686
Code.	82687

(b) The family does not meet the requirements specified in	82688
division (A)(1)(a) of this section but is eligible for medicaid	82689
pursuant to section 5101.18 of the Revised Code.	82690

(2) Aged, blind, and disabled persons who meet the following	82691
conditions:	82692

(a) Receive federal aid under Title XVI of the "Social	82693
Security Act," or are eligible for but are not receiving such aid,	82694
provided that the income from all other sources for individuals	82695
with independent living arrangements shall not exceed one hundred	82696
seventy-five dollars per month. The income standards hereby	82697
established shall be adjusted annually at the rate that is used by	82698
the United States department of health and human services to	82699
adjust the amounts payable under Title XVI.	82700

(b) Do not receive aid under Title XVI, but meet any of the	82701
following criteria:	82702

(i) Would be eligible to receive such aid, except that their	82703
income, other than that excluded from consideration as income	82704
under Title XVI, exceeds the maximum under division (A)(2)(a) of	82705
this section, and incurred expenses for medical care, as	82706
determined under federal regulations applicable to section 209(b)	82707
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	82708
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	82709
their income exceeds the maximum under division (A)(2)(a) of this	82710
section;	82711

(ii) Received aid for the aged, aid to the blind, or aid for	82712
the permanently and totally disabled prior to January 1, 1974, and	82713
continue to meet all the same eligibility requirements;	82714

(iii) Are eligible for medicaid pursuant to section 5101.18	82715
of the Revised Code.	82716

(3) Persons to whom federal law requires, as a condition of	82717
state participation in the medicaid program, that medicaid be	82718
provided;	82719

(4) Persons under age twenty-one who meet the income	82720
requirements for the Ohio works first program established under	82721
Chapter 5107. of the Revised Code but do not meet other	82722
eligibility requirements for the program. The director shall	82723
adopt rules in accordance with Chapter 119. of the Revised Code	82724
specifying which Ohio works first requirements shall be waived for	82725
the purpose of providing medicaid eligibility under division	82726
(A)(4) of this section.	82727

(B) If sufficient funds are appropriated for the medicaid	82728
program, the department may provide medical assistance under the	82729
medicaid program to persons in groups designated by federal law	82730
as groups to which a state, at its option, may provide medical	82731
assistance under the medicaid program.	82732

(C) The department may expand eligibility for the medicaid	82733
program to include individuals under age nineteen with family	82734
incomes at or below one hundred fifty per cent of the federal	82735
poverty guidelines, except that the eligibility expansion shall	82736
not occur unless the department receives the approval of the	82737
federal government. The department may implement the eligibility	82738
expansion authorized under this division on any date selected by	82739
the department, but not sooner than January 1, 1998.	82740

(D) In addition to any other authority or requirement to	82741
adopt rules under this chapter, the director may adopt rules in	82742
accordance with section 111.15 of the Revised Code as the director	82743
considers necessary to establish standards, procedures, and other	82744
requirements regarding the provision of medical assistance under	82745
the medicaid program. The rules may establish requirements to be	82746
followed in applying for medicaid, making determinations of	82747
eligibility for medicaid, and verifying eligibility for medicaid.	82748
The rules may include special conditions as the department	82749
determines appropriate for making applications, determining	82750
eligibility, and verifying eligibility for any medical assistance	82751
that the department may provide under the medicaid program	82752
pursuant to division (C) of this section and section 5111.014 or	82753
5111.019 of the Revised Code.	82754

Sec. 5111.015. (A) If the United States secretary of health	82755
and human services grants a waiver of any contrary federal	82756
requirements governing the medical assistance program or the	82757
director of job and family services determines that there are no	82758
contrary federal requirements, divisions (A)(1) and (2) of this	82759
section apply to determinations of eligibility under this chapter:	82760

(1) In determining the eligibility of an assistance group for	82761
assistance under this chapter, the department of job and family	82762
services shall exclude from the income and resources applicable to	82763
the assistance group the value of any tuition payment contract	82764
entered into under section 3334.09 of the Revised Code or any	82765
scholarship awarded under section 3334.18 of the Revised Code and	82766
the amount of payments made ~~by the Ohio tuition trust authority~~	82767
under section 3334.09 of the Revised Code pursuant to the contract	82768
or scholarship.	82769

(2) The department shall not require any person to terminate	82770
a tuition payment contract entered into under Chapter 3334. of the	82771
Revised Code as a condition of an assistance group's eligibility	82772
for assistance under this chapter.	82773

(B) To the extent required by federal law, the department	82774
shall include as income any refund paid under section 3334.10 of	82775
the Revised Code to a member of the assistance group.	82776

(C) Not later than sixty days after July 1, 1994, the	82777
department shall apply to the United States department of health	82778
and human services for a waiver of any federal requirements that	82779
otherwise would be violated by implementation of division (A) of	82780
this section.	82781

Sec. 5111.028. (A) Pursuant to section 5111.02 of the	82782
Revised Code, the director of job and family services shall adopt	82783
rules establishing procedures for the use of time-limited	82784
provider agreements under the medicaid program. Except as	82785
provided in division (E) of this section, all provider agreements	82786
shall be time-limited in accordance with the procedures	82787
established in the rules.	82788

The department of job and family services shall phase-in the	82789
use of time-limited provider agreements pursuant to this section	82790
during a period commencing not later than January 1, 2008, and	82791
ending January 1, ~~2011~~2015.	82792

(B) In the use of time-limited provider agreements pursuant	82793
to this section, all of the following apply:	82794

(1) Each provider agreement shall expire not later than	82795
~~three~~seven years from the effective date of the agreement.	82796

(2) During the phase-in period specified in division (A) of	82797
this section, the department may provide for the conversion of a	82798
provider agreement without a time limit to a provider agreement	82799
with a time limit. The department may take an action to convert	82800
the provider agreement by sending a notice by regular mail to the	82801
address of the provider on record with the department advising the	82802
provider of the conversion.	82803

(3) The department may make the effective date of a provider	82804
agreement retroactive for a period not to exceed one year from the	82805
date of the provider's application for the agreement, as long as	82806
the provider met all medicaid program requirements during that	82807
period.	82808

(C) The rules for use of time-limited provider agreements	82809
pursuant to this section shall include a process for re-enrollment	82810
of providers. All of the following apply to the re-enrollment	82811
process:	82812

(1) The department of job and family services may terminate a	82813
time-limited provider agreement or deny re-enrollment when a	82814
provider fails to file an application for re-enrollment within	82815
the time and in the manner required under the re-enrollment	82816
process.	82817

(2) If a provider files an application for re-enrollment	82818
within the time and in the manner required under the re-enrollment	82819
process, but the provider agreement expires before the department	82820
acts on the application or before the effective date of the	82821
department's decision on the application, the provider may	82822
continue operating under the terms of the expired provider	82823
agreement until the effective date of the department's decision.	82824

(3) A decision by the department to approve an application	82825
for re-enrollment becomes effective on the date of the	82826
department's decision. A decision by the department to deny	82827
re-enrollment shall take effect not sooner than thirty days after	82828
the date the department mails written notice of the decision to	82829
the provider. The department shall specify in the notice the date	82830
on which the provider is required to cease operating under the	82831
provider agreement.	82832

(D) Pursuant to section 5111.06 of the Revised Code, the	82833
department is not required to take the actions specified in	82834
division (C)(1) of this section by issuing an order pursuant to an	82835
adjudication conducted in accordance with Chapter 119. of the	82836
Revised Code.	82837

(E) The use of time-limited provider agreements pursuant to	82838
this section does not apply to provider agreements issued to the	82839
following, including any provider agreements issued to the	82840
following that are otherwise time-limited under the medicaid	82841
program:	82842

(1) A managed care organization under contract with the	82843
department pursuant to section 5111.17 of the Revised Code;	82844

(2) A nursing facility, as defined in section 5111.20 of the	82845
Revised Code;	82846

(3) An intermediate care facility for the mentally retarded,	82847
as defined in section 5111.20 of the Revised Code;	82848

(4) A hospital.

82849

Sec. 5111.032. (A) As used in this section:

82850

(1) "Criminal records check" has the same meaning as in	82851
section 109.572 of the Revised Code.	82852

(2) "Department" includes a designee of the department of job	82853
and family services.	82854

(3) "Owner" means a person who has an ownership interest in a	82855
provider in an amount designated by the department of job and	82856
family services in rules adopted under this section.	82857

(4) "Provider" means a person, institution, or entity that	82858
has a provider agreement with the department of job and family	82859
services pursuant to Title XIX of the "Social Security Act," 49	82860
State. 620 (1965), 42 U.S.C. 1396, as amended.	82861

(B)(1) Except as provided in division (B)(2) of this section,	82862
the department of job and family services may require that any	82863
provider, applicant to be a provider, employee or prospective	82864
employee of a provider, owner or prospective owner of a provider,	82865
officer or prospective officer of a provider, or board member or	82866
prospective board member of a provider submit to a criminal	82867
records check as a condition of obtaining a provider agreement,	82868
continuing to hold a provider agreement, being employed by a	82869
provider, having an ownership interest in a provider, or being an	82870
officer or board member of a provider. The department may	82871
designate the categories of persons who are subject to the	82872
criminal records check requirement. The department shall designate	82873
the times at which the criminal records checks must be conducted.	82874

(2) The section does not apply to providers, applicants to be	82875
providers, employees of a provider, or prospective employees of a	82876
provider who are subject to criminal records checks under section	82877
5111.033 or 5111.034 of the Revised Code.	82878

(C)(1) The department shall inform each provider or applicant	82879
to be a provider whether the provider or applicant is subject to a	82880
criminal records check requirement under division (B) of this	82881
section. For providers, the information shall be given at times	82882
designated in rules adopted under this section. For applicants to	82883
be providers, the information shall be given at the time of	82884
initial application. When the information is given, the department	82885
shall specify which of the provider's or applicant's employees or	82886
prospective employees, owners or prospective owners, officers or	82887
prospective officers, or board members or prospective board	82888
members are subject to the criminal records check requirement.	82889

(2) At times designated in rules adopted under this section,	82890
a provider that is subject to the criminal records check	82891
requirement shall inform each person specified by the department	82892
under division (C)(1) of this section that the person is required,	82893
as applicable, to submit to a criminal records check for final	82894
consideration for employment in a full-time, part-time, or	82895
temporary position; as a condition of continued employment; or as	82896
a condition of becoming or continuing to be an officer, board	82897
member or owner of a provider.	82898

(D)(1) If a provider or applicant to be a provider is	82899
subject to a criminal records check under this section, the	82900
department shall require the conduct of a criminal records check	82901
by the superintendent of the bureau of criminal identification	82902
and investigation. If a provider or applicant to be a provider	82903
for whom a criminal records check is required does not present	82904
proof of having been a resident of this state for the five-year	82905
period immediately prior to the date the criminal records check	82906
is requested or provide evidence that within that five-year	82907
period the superintendent has requested information about the	82908
individual from the federal bureau of investigation in a criminal	82909
records check, the department shall require the provider or	82910
applicant to request that the superintendent obtain information	82911
from the federal bureau of investigation as part of the criminal	82912
records check of the provider or applicant. Even if a provider or	82913
applicant for whom a criminal records check request is required	82914
presents proof of having been a resident of this state for the	82915
five-year period, the department may require that the provider or	82916
applicant request that the superintendent obtain information from	82917
the federal bureau of investigation and include it in the criminal	82918
records check of the provider or applicant.	82919

(2) A provider shall require the conduct of a criminal	82920
records check by the superintendent with respect to each of the	82921
persons specified by the department under division (C)(1) of this	82922
section. If the person for whom a criminal records check is	82923
required does not present proof of having been a resident of this	82924
state for the five-year period immediately prior to the date the	82925
criminal records check is requested or provide evidence that	82926
within that five-year period the superintendent of the bureau of	82927
criminal identification and investigation has requested	82928
information about the individual from the federal bureau of	82929
investigation in a criminal records check, the individual shall	82930
request that the superintendent obtain information from the	82931
federal bureau of investigation as part of the criminal records	82932
check of the individual. Even if an individual for whom a criminal	82933
records check request is required presents proof of having been a	82934
resident of this state for the five-year period, the department	82935
may require the provider to request that the superintendent obtain	82936
information from the federal bureau of investigation and include	82937
it in the criminal records check of the person.	82938

(E)(1) Criminal records checks required under this section	82939
for providers or applicants to be providers shall be obtained as	82940
follows:	82941

(a) The department shall provide each provider or applicant	82942
information about accessing and completing the form prescribed	82943
pursuant to division (C)(1) of section 109.572 of the Revised Code	82944
and the standard fingerprint impression sheet prescribed pursuant	82945
to division (C)(2) of that section.	82946

(b) The provider or applicant shall submit the required form	82947
and one complete set of fingerprint impressions directly to the	82948
superintendent for purposes of conducting the criminal records	82949
check using the applicable methods prescribed by division (C) of	82950
section 109.572 of the Revised Code. The applicant or provider	82951
shall pay all fees associated with obtaining the criminal records	82952
check.	82953

(c) The superintendent shall conduct the criminal records	82954
check in accordance with section 109.572 of the Revised Code. The	82955
provider or applicant shall instruct the superintendent to submit	82956
the report of the criminal records check directly to the director	82957
of job and family services.	82958

(2) Criminal records checks required under this section for	82959
persons specified by the department under division (C)(1) of this	82960
section shall be obtained as follows:	82961

(a) The provider shall give to each person subject to	82962
criminal records check requirement information about accessing and	82963
completing the form prescribed pursuant to division (C)(1) of	82964
section 109.572 of the Revised Code and the standard fingerprint	82965
impression sheet prescribed pursuant to division (C)(2) of that	82966
section.	82967

(b) The person shall submit the required form and one	82968
complete set of fingerprint impressions directly to the	82969
superintendent for purposes of conducting the criminal records	82970
check using the applicable methods prescribed by division (C) of	82971
section 109.572 of the Revised Code. The person shall pay all fees	82972
associated with obtaining the criminal records check.	82973

(c) The superintendent shall conduct the criminal records	82974
check in accordance with section 109.572 of the Revised Code. The	82975
person subject to the criminal records check shall instruct the	82976
superintendent to submit the report of the criminal records check	82977
directly to the provider. The department may require the provider	82978
to submit the report to the department.	82979

(F) If a provider or applicant to be a provider is given the	82980
information specified in division (E)(1)(a) of this section but	82981
fails to obtain a criminal records check, the department shall, as	82982
applicable, terminate the provider agreement or deny the	82983
application to be a provider.	82984

If a person is given the information specified in division	82985
(E)(2)(a) of this section but fails to obtain a criminal records	82986
check, the provider shall not, as applicable, permit the person to	82987
be an employee, owner, officer, or board member of the provider.	82988

(G) Except as provided in rules adopted under division (J) of	82989
this section, the department shall terminate the provider	82990
agreement of a provider or the department shall not issue a	82991
provider agreement to an applicant if the provider or applicant is	82992
subject to a criminal records check under this section and the	82993
provider or applicant has been convicted of, has pleaded guilty	82994
to, or has been found eligible for intervention in lieu of	82995
conviction for any of the following, regardless of the date of the	82996
conviction, the date of entry of the guilty plea, or the date the	82997
applicant or provider was found eligible for intervention in lieu	82998
of conviction:	82999

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	83000
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	83001
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	83002
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	83003
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	83004
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	83005
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	83006
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	83007
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	83008
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	83009
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	83010
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	83011
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	83012
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	83013
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	83014
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	83015
sexual penetration in violation of former section 2907.12 of the	83016
Revised Code, a violation of section 2905.04 of the Revised Code	83017
as it existed prior to July 1, 1996, a violation of section	83018
2919.23 of the Revised Code that would have been a violation of	83019
section 2905.04 of the Revised Code as it existed prior to July	83020
1, 1996, had the violation been committed prior to that date;	83021

(2) AnA violation of an existing or former municipal	83022
ordinance or law of this state, any other state, or the United	83023
States that is substantially equivalent to any of the offenses	83024
listed in division (G)(1) of this section.	83025

(H)(1)(a) Except as provided in rules adopted under division	83026
(J) of this section and subject to division (H)(2) of this	83027
section, no provider shall permit a person to be an employee,	83028
owner, officer, or board member of the provider if the person is	83029
subject to a criminal records check under this section and the	83030
person has been convicted of, has pleaded guilty to, or has been	83031
found eligible for intervention in lieu of conviction for any of	83032
the offenses specified in division (G)(1) or (2) of this section.	83033

(b) No provider shall employ a person who has been excluded	83034
from participating in the medicaid program, the medicare program	83035
operated pursuant to Title XVIII of the "Social Security Act," or	83036
any other federal health care program.	83037

(2)(a) A provider may employ conditionally a person for whom	83038
a criminal records check is required under this section prior to	83039
obtaining the results of a criminal records check regarding the	83040
person, but only if the person submits a request for a criminal	83041
records check not later than five business days after the	83042
individual begins conditional employment.	83043

(b) A provider that employs a person conditionally under	83044
authority of division (H)(2)(a) of this section shall terminate	83045
the person's employment if the results of the criminal records	83046
check request are not obtained within the period ending sixty days	83047
after the date the request is made. Regardless of when the results	83048
of the criminal records check are obtained, if the results	83049
indicate that the individual has been convicted of, has pleaded	83050
guilty to, or has been found eligible for intervention in lieu of	83051
conviction for any of the offenses specified in division (G)(1) or	83052
(2) of this section, the provider shall terminate the person's	83053
employment unless the provider chooses to employ the individual	83054
pursuant to division (J) of this section.	83055

(I) The report of a criminal records check conducted pursuant	83056
to this section is not a public record for the purposes of section	83057
149.43 of the Revised Code and shall not be made available to any	83058
person other than the following:	83059

(1) The person who is the subject of the criminal records	83060
check or the person's representative;	83061

(2) The director of job and family services and the staff of	83062
the department in the administration of the medicaid program;	83063

(3) A court, hearing officer, or other necessary individual	83064
involved in a case dealing with the denial or termination of a	83065
provider agreement;	83066

(4) A court, hearing officer, or other necessary individual	83067
involved in a case dealing with a person's denial of employment,	83068
termination of employment, or employment or unemployment benefits.	83069

(J) The department may adopt rules in accordance with Chapter	83070
119. of the Revised Code to implement this section. The rules may	83071
specify circumstances under which the department may continue a	83072
provider agreement or issue a provider agreement to an applicant	83073
when the provider or applicant has been convicted of, has pleaded	83074
guilty to, or has been found eligible for intervention in lieu of	83075
conviction for any of the offenses specified in division (G)(1) or	83076
(2) of this section. The rules may also specify circumstances	83077
under which a provider may permit a person to be an employee,	83078
owner, officer, or board member of the provider, when the person	83079
has been convicted of, has pleaded guilty to, or has been found	83080
eligible for intervention in lieu of conviction for any of the	83081
offenses specified in division (G)(1) or (2) of this section.	83082

Sec. 5111.033. (A) As used in this section:

83083

(1) "Applicant" means a person who is under final	83084
consideration for employment or, after September 26, 2003, an	83085
existing employee with a waiver agency in a full-time, part-time,	83086
or temporary position that involves providing home and	83087
community-based waiver services to a person with disabilities.	83088
"Applicant" also means an existing employee with a waiver agency	83089
in a full-time, part-time, or temporary position that involves	83090
providing home and community-based waiver services to a person	83091
with disabilities after September 26, 2003.	83092

(2) "Criminal records check" has the same meaning as in	83093
section 109.572 of the Revised Code.	83094

(3) "Waiver agency" means a person or government entity that	83095
is not certified under the medicare program and is accredited by	83096
the community health accreditation program or the joint commission	83097
on accreditation of health care organizations or a company that	83098
provides home and community-based waiver services to persons with	83099
disabilities through department of job and family services	83100
administered home and community-based waiver programs.	83101

(4) "Home and community-based waiver services" means services	83102
furnished under the provision of 42 C.F.R. 441, subpart G, that	83103
permit individuals to live in a home setting rather than a nursing	83104
facility or hospital. Home and community-based waiver services are	83105
approved by the centers for medicare and medicaid for specific	83106
populations and are not otherwise available under the medicaid	83107
state plan.	83108

(B)(1) The chief administrator of a waiver agency shall	83109
require each applicant to request that the superintendent of the	83110
bureau of criminal identification and investigation conduct a	83111
criminal records check with respect to the applicant. If an	83112
applicant for whom a criminal records check request is required	83113
under this division does not present proof of having been a	83114
resident of this state for the five-year period immediately prior	83115
to the date the criminal records check is requested or provide	83116
evidence that within that five-year period the superintendent has	83117
requested information about the applicant from the federal bureau	83118
of investigation in a criminal records check, the chief	83119
administrator shall require the applicant to request that the	83120
superintendent obtain information from the federal bureau of	83121
investigation as part of the criminal records check of the	83122
applicant. Even if an applicant for whom a criminal records check	83123
request is required under this division presents proof of having	83124
been a resident of this state for the five-year period, the chief	83125
administrator may require the applicant to request that the	83126
superintendent include information from the federal bureau of	83127
investigation in the criminal records check.	83128

(2) The chief administrator shall provide the following to	83129
each applicant for whom a criminal records check request is	83130
required under division (B)(1) of this section:	83131

(a) Information about accessing, completing, and forwarding	83132
to the superintendent of the bureau of criminal identification and	83133
investigation the form prescribed pursuant to division (C)(1) of	83134
section 109.572 of the Revised Code and the standard fingerprint	83135
impression sheet prescribed pursuant to division (C)(2) of that	83136
section;	83137

(b) Written notification that the applicant is to instruct	83138
the superintendent to submit the completed report of the criminal	83139
records check directly to the chief administrator.	83140

(3) An applicant given information and notification under	83141
divisions (B)(2)(a) and (b) of this section who fails to access,	83142
complete, and forward to the superintendent the form or the	83143
standard fingerprint impression sheet, or who fails to instruct	83144
the superintendent to submit the completed report of the criminal	83145
records check directly to the chief administrator, shall not be	83146
employed in any position in a waiver agency for which a criminal	83147
records check is required by this section.	83148

(C)(1) Except as provided in rules adopted by the department	83149
of job and family services in accordance with division (F) of this	83150
section and subject to division (C)(2) of this section, no waiver	83151
agency shall employ a person in a position that involves providing	83152
home and community-based waiver services to persons with	83153
disabilities if the person has been convicted of, has pleaded	83154
guilty to, or has been found eligible for intervention in lieu of	83155
conviction for any of the following, regardless of the date of the	83156
conviction, the date of entry of the guilty plea, or the date the	83157
person was found eligible for intervention in lieu of conviction:	83158

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	83159
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	83160
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	83161
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	83162
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	83163
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	83164
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	83165
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	83166
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	83167
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	83168
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	83169
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	83170
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	83171
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	83172
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	83173
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	83174
sexual penetration in violation of former section 2907.12 of the	83175
Revised Code, a violation of section 2905.04 of the Revised Code	83176
as it existed prior to July 1, 1996, a violation of section	83177
2919.23 of the Revised Code that would have been a violation of	83178
section 2905.04 of the Revised Code as it existed prior to July	83179
1, 1996, had the violation been committed prior to that date;	83180

(b) AnA violation of an existing or former municipal	83181
ordinance or law of this state, any other state, or the United	83182
States that is substantially equivalent to any of the offenses	83183
listed in division (C)(1)(a) of this section.	83184

(2)(a) A waiver agency may employ conditionally an applicant	83185
for whom a criminal records check request is required under	83186
division (B) of this section prior to obtaining the results of a	83187
criminal records check regarding the individual, provided that the	83188
agency shall require the individual to request a criminal records	83189
check regarding the individual in accordance with division (B)(1)	83190
of this section not later than five business days after the	83191
individual begins conditional employment.	83192

(b) A waiver agency that employs an individual conditionally	83193
under authority of division (C)(2)(a) of this section shall	83194
terminate the individual's employment if the results of the	83195
criminal records check request under division (B) of this section,	83196
other than the results of any request for information from the	83197
federal bureau of investigation, are not obtained within the	83198
period ending sixty days after the date the request is made.	83199
Regardless of when the results of the criminal records check are	83200
obtained, if the results indicate that the individual has been	83201
convicted of, has pleaded guilty to, or has been found eligible	83202
for intervention in lieu of conviction for any of the offenses	83203
listed or described in division (C)(1) of this section, the agency	83204
shall terminate the individual's employment unless the agency	83205
chooses to employ the individual pursuant to division (F) of this	83206
section.	83207

(D)(1) The fee prescribed pursuant to division (C)(3) of	83208
section 109.572 of the Revised Code for each criminal records	83209
check conducted pursuant to a request made under division (B) of	83210
this section shall be paid to the bureau of criminal	83211
identification and investigation by the applicant or the waiver	83212
agency.	83213

(2) If a waiver agency pays the fee, it may charge the	83214
applicant a fee not exceeding the amount the agency pays under	83215
division (D)(1) of this section. An agency may collect a fee only	83216
if the agency notifies the person at the time of initial	83217
application for employment of the amount of the fee and that,	83218
unless the fee is paid, the person will not be considered for	83219
employment.	83220

(E) The report of any criminal records check conducted	83221
pursuant to a request made under this section is not a public	83222
record for the purposes of section 149.43 of the Revised Code and	83223
shall not be made available to any person other than the	83224
following:	83225

(1) The individual who is the subject of the criminal records	83226
check or the individual's representative;	83227

(2) The chief administrator of the agency requesting the	83228
criminal records check or the administrator's representative;	83229

(3) An administrator at the department;

83230

(4) A court, hearing officer, or other necessary individual	83231
involved in a case dealing with a denial of employment of the	83232
applicant or dealing with employment or unemployment benefits of	83233
the applicant.	83234

(F) The department shall adopt rules in accordance with	83235
Chapter 119. of the Revised Code to implement this section. The	83236
rules shall specify circumstances under which a waiver agency may	83237
employ a person who has been convicted of, has pleaded guilty to,	83238
or has been found eligible for intervention in lieu of conviction	83239
for an offense listed or described in division (C)(1) of this	83240
section.	83241

(G) The chief administrator of a waiver agency shall inform	83242
each person, at the time of initial application for a position	83243
that involves providing home and community-based waiver services	83244
to a person with a disability, that the person is required to	83245
provide a set of fingerprint impressions and that a criminal	83246
records check is required to be conducted if the person comes	83247
under final consideration for employment.	83248

(H)(1) A person who, on September 26, 2003, is an employee	83249
of a waiver agency in a full-time, part-time, or temporary	83250
position that involves providing home and community-based waiver	83251
services to a person with disabilities shall comply with this	83252
section within sixty days after September 26, 2003, unless	83253
division (H)(2) of this section applies.	83254

(2) This section shall not apply to a person to whom all of	83255
the following apply:	83256

(a) On September 26, 2003, the person is an employee of a	83257
waiver agency in a full-time, part-time, or temporary position	83258
that involves providing home and community-based waiver services	83259
to a person with disabilities.	83260

(b) The person previously had been the subject of a criminal	83261
background check relating to that position;	83262

(c) The person has been continuously employed in that	83263
position since that criminal background check had been conducted.	83264

Sec. 5111.034. (A) As used in this section:

83265

(1) "Anniversary date" means the later of the effective date	83266
of the provider agreement relating to the independent provider or	83267
sixty days after September 26, 2003.	83268

(2) "Criminal records check" has the same meaning as in	83269
section 109.572 of the Revised Code.	83270

(3) "Department" includes a designee of the department of	83271
job and family services.	83272

(4) "Independent provider" means a person who is submitting	83273
an application for a provider agreement or who has a provider	83274
agreement as an independent provider in a department of job and	83275
family services administered home and community-based services	83276
program providing home and community-based waiver services to	83277
consumers with disabilities.	83278

(5) "Home and community-based waiver services" has the same	83279
meaning as in section 5111.033 of the Revised Code.	83280

(B)(1) The department of job and family services shall inform	83281
each independent provider, at the time of initial application for	83282
a provider agreement that involves providing home and	83283
community-based waiver services to consumers with disabilities,	83284
that the independent provider is required to provide a set of	83285
fingerprint impressions and that a criminal records check is	83286
required to be conducted if the person is to become an independent	83287
provider in a department administered home and community-based	83288
waiver program.	83289

(2) Beginning on September 26, 2003, the department shall	83290
inform each enrolled medicaid independent provider on or before	83291
time of the anniversary date of the provider agreement that	83292
involves providing home and community-based waiver services to	83293
consumers with disabilities that the independent provider is	83294
required to provide a set of fingerprint impressions and that a	83295
criminal records check is required to be conducted.	83296

(C)(1) The department shall require the independent provider	83297
to complete a criminal records check prior to entering into a	83298
provider agreement with the independent provider and at least	83299
annually thereafter. If an independent provider for whom a	83300
criminal records check is required under this division does not	83301
present proof of having been a resident of this state for the	83302
five-year period immediately prior to the date the criminal	83303
records check is requested or provide evidence that within that	83304
five-year period the superintendent of the bureau of criminal	83305
identification and investigation has requested information about	83306
the independent provider from the federal bureau of investigation	83307
in a criminal records check, the department shall request that	83308
the independent provider obtain through the superintendent a	83309
criminal records request from the federal bureau of investigation	83310
as part of the criminal records check of the independent	83311
provider. Even if an independent provider for whom a criminal	83312
records check request is required under this division presents	83313
proof of having been a resident of this state for the five-year	83314
period, the department may request that the independent provider	83315
obtain information through the superintendent from the federal	83316
bureau of investigation in the criminal records check.	83317

(2) The department shall provide the following to each	83318
independent provider for whom a criminal records check request	83319
is required under division (C)(1) of this section:	83320

(a) Information about accessing, completing, and forwarding	83321
to the superintendent of the bureau of criminal identification and	83322
investigation the form prescribed pursuant to division (C)(1) of	83323
section 109.572 of the Revised Code and the standard fingerprint	83324
impression sheet prescribed pursuant to division (C)(2) of that	83325
section;	83326

(b) Written notification that the independent provider is to	83327
instruct the superintendent to submit the completed report of the	83328
criminal records check directly to the department.	83329

(3) An independent provider given information and	83330
notification under divisions (C)(2)(a) and (b) of this section	83331
who fails to access, complete, and forward to the superintendent	83332
the form or the standard fingerprint impression sheet, or who	83333
fails to instruct the superintendent to submit the completed	83334
report of the criminal records check directly to the department,	83335
shall not be approved as an independent provider.	83336

(D) Except as provided in rules adopted by the department in	83337
accordance with division (G) of this section, the department shall	83338
not issue a new provider agreement to, and shall terminate an	83339
existing provider agreement of, an independent provider if the	83340
person has been convicted of, has pleaded guilty to, or has been	83341
found eligible for intervention in lieu of conviction for any of	83342
the following, regardless of the date of the conviction, the date	83343
of entry of the guilty plea, or the date the person was found	83344
eligible for intervention in lieu of conviction:	83345

(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	83346
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	83347
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	83348
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	83349
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	83350
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	83351
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	83352
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	83353
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	83354
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	83355
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	83356
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	83357
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	83358
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	83359
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	83360
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	83361
sexual penetration in violation of former section 2907.12 of the	83362
Revised Code, a violation of section 2905.04 of the Revised Code	83363
as it existed prior to July 1, 1996, a violation of section	83364
2919.23 of the Revised Code that would have been a violation of	83365
section 2905.04 of the Revised Code as it existed prior to July	83366
1, 1996, had the violation been committed prior to that date;	83367

(2) AnA violation of an existing or former municipal	83368
ordinance or law of this state, any other state, or the United	83369
States that is substantially equivalent to any of the offenses	83370
listed in division (D)(1) of this section.	83371

(E) Each independent provider shall pay to the bureau of	83372
criminal identification and investigation the fee prescribed	83373
pursuant to division (C)(3) of section 109.572 of the Revised Code	83374
for each criminal records check conducted pursuant to a request	83375
made under division (C) of this section.	83376

(F) The report of any criminal records check conducted by the	83377
bureau of criminal identification and investigation in accordance	83378
with section 109.572 of the Revised Code and pursuant to a request	83379
made under division (C) of this section is not a public record for	83380
the purposes of section 149.43 of the Revised Code and shall not	83381
be made available to any person other than the following:	83382

(1) The person who is the subject of the criminal records	83383
check or the person's representative;	83384

(2) An administrator at the department or the administrator's	83385
representative;	83386

(3) A court, hearing officer, or other necessary individual	83387
involved in a case dealing with a denial or termination of a	83388
provider agreement related to the criminal records check.	83389

(G) The department shall adopt rules in accordance with	83390
Chapter 119. of the Revised Code to implement this section. The	83391
rules shall specify circumstances under which the department may	83392
either issue a provider agreement to an independent provider or	83393
allow an independent provider to maintain an existing provider	83394
agreement when the independent provider has been convicted of,	83395
has pleaded guilty to, or has been found eligible for intervention	83396
in lieu of conviction for an offense listed or described in	83397
division ~~(C)(1)~~(D)(1) or (D)(2) of this section.	83398

Sec. 5111.06. (A)(1) As used in this section and in sections	83399
5111.061 and 5111.062 of the Revised Code:	83400

(a) "Provider" means any person, institution, or entity that	83401
furnishes medicaid services under a provider agreement with the	83402
department of job and family services pursuant to Title XIX of the	83403
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	83404
amended.	83405

(b) "Party" has the same meaning as in division (G) of	83406
section 119.01 of the Revised Code.	83407

(c) "Adjudication" has the same meaning as in division (D) of	83408
section 119.01 of the Revised Code.	83409

(2) This section does not apply to any action taken by the	83410
department of job and family services under sections 5111.35 to	83411
5111.62 of the Revised Code.	83412

(B) Except as provided in division (D) of this section and	83413
section 5111.914 of the Revised Code, the department shall do	83414
either of the following by issuing an order pursuant to an	83415
adjudication conducted in accordance with Chapter 119. of the	83416
Revised Code:	83417

(1) Enter into or refuse to enter into a provider agreement	83418
with a provider, or suspend, terminate, renew, or refuse to renew	83419
an existing provider agreement with a provider;	83420

(2) Take any action based upon a final fiscal audit of a	83421
provider.	83422

(C) Any party who is adversely affected by the issuance of an	83423
adjudication order under division (B) of this section may appeal	83424
to the court of common pleas of Franklin county in accordance with	83425
section 119.12 of the Revised Code.	83426

(D) The department is not required to comply with division	83427
(B)(1) of this section whenever any of the following occur:	83428

(1) The terms of a provider agreement require the provider to	83429
hold a license, permit, or certificate or maintain a	83430
certification issued by an official, board, commission,	83431
department, division, bureau, or other agency of state or federal	83432
government other than the department of job and family services,	83433
and the license, permit, certificate, or certification has been	83434
denied, revoked, not renewed, suspended, or otherwise limited.	83435

(2) The terms of a provider agreement require the provider to	83436
hold a license, permit, or certificate or maintain certification	83437
issued by an official, board, commission, department, division,	83438
bureau, or other agency of state or federal government other than	83439
the department of job and family services, and the provider has	83440
not obtained the license, permit, certificate, or certification.	83441

(3) The provider agreement is denied, terminated, or not	83442
renewed due to the termination, refusal to renew, or denial of a	83443
license, permit, certificate, or certification by an official,	83444
board, commission, department, division, bureau, or other agency	83445
of this state other than the department of job and family	83446
services, notwithstanding the fact that the provider may hold a	83447
license, permit, certificate, or certification from an official,	83448
board, commission, department, division, bureau, or other agency	83449
of another state.	83450

(4) The provider agreement is denied, terminated, or not	83451
renewed pursuant to division (C) or (F) of section 5111.03 of the	83452
Revised Code;.	83453

(5) The provider agreement is denied, terminated, or not	83454
renewed due to the provider's termination, suspension, or	83455
exclusion from the medicare program established under Title XVIII	83456
of the "Social Security Act," and the termination, suspension, or	83457
exclusion is binding on the provider's participation in the	83458
medicaid program;.	83459

(6) The provider agreement is denied, terminated, or not	83460
renewed due to the provider's pleading guilty to or being	83461
convicted of a criminal activity materially related to either the	83462
medicare or medicaid program;.	83463

(7) The provider agreement is denied, terminated, or	83464
suspended as a result of action by the United States department of	83465
health and human services and that action is binding on the	83466
provider's participation in the medicaid program;.	83467

(8) The provider agreement is suspended pursuant to section	83468
5111.031 of the Revised Code pending indictment of the provider.	83469

(9) The provider agreement is denied, terminated, or not	83470
renewed because the provider or its owner, officer, authorized	83471
agent, associate, manager, or employee has been convicted of one	83472
of the offenses that caused the provider agreement to be	83473
suspended pursuant to section 5111.031 of the Revised Code.	83474

(10) The provider agreement is converted under section	83475
5111.028 of the Revised Code from a provider agreement that is not	83476
time-limited to a provider agreement that is time-limited.	83477

(11) The provider agreement is terminated or an application	83478
for re-enrollment is denied because the provider has failed to	83479
apply for re-enrollment within the time or in the manner specified	83480
for re-enrollment pursuant to section 5111.028 of the Revised	83481
Code.	83482

(12) The provider agreement is terminated or not renewed	83483
because the provider has not billed or otherwise submitted a	83484
medicaid claim to the department for two years or longer~~, and the~~	83485
~~department has determined that the provider has moved from the~~	83486
~~address on record with the department without leaving an active~~	83487
~~forwarding address with the department~~.	83488

(13) The provider agreement is denied, terminated, or not	83489
renewed because the provider fails to provide to the department	83490
the national provider identifier assigned the provider by the	83491
national provider system pursuant to 45 C.F.R. 162. 408.	83492

In the case of a provider described in division (D)(12) or	83493
(13) of this section, the department may ~~terminate or not renew~~	83494
~~the~~take its proposed action against a provider agreement by	83495
sending a notice explaining the ~~department's~~ proposed action to	83496
the provider. The notice shall be sent to the provider's address	83497
on record with the department. The notice may be sent by regular	83498
mail.	83499

(E) The department may withhold payments for services	83500
rendered by a medicaid provider under the ~~medical assistance~~	83501
medicaid program during the pendency of proceedings initiated	83502
under division (B)(1) of this section. If the proceedings are	83503
initiated under division (B)(2) of this section, the department	83504
may withhold payments only to the extent that they equal amounts	83505
determined in a final fiscal audit as being due the state. This	83506
division does not apply if the department fails to comply with	83507
section 119.07 of the Revised Code, requests a continuance of the	83508
hearing, or does not issue a decision within thirty days after the	83509
hearing is completed. This division does not apply to nursing	83510
facilities and intermediate care facilities for the mentally	83511
retarded as defined in section 5111.20 of the Revised Code.	83512

Sec. 5111.176. (A) As used in this section:

83513

(1) "Medicaid health insuring corporation" means a health	83514
insuring corporation that holds a certificate of authority under	83515
Chapter 1751. of the Revised Code and has entered into a contract	83516
with the department of job and family services pursuant to section	83517
5111.17 of the Revised Code.	83518

(2) "Managed care premium" means any premium payment,	83519
capitation payment, or other payment a medicaid health insuring	83520
corporation receives for providing, or arranging for the provision	83521
of, health care services to its members or enrollees residing in	83522
this state.	83523

(B) Except as provided in division (C) of this section, all	83524
of the following apply:	83525

(1) Each medicaid health insuring corporation shall pay to	83526
the department of job and family services a franchise permit fee	83527
for the period December 1, 2005, through December 31, 2005, and	83528
each calendar quarter occurring ~~thereafter~~between January 1,	83529
2006, and September 30, 2009.	83530

(2) The fee to be paid is an amount that is equal to a	83531
percentage of the managed care premiums the medicaid health	83532
insuring corporation received in the period December 1, 2005,	83533
through December 31, 2005, and in the subsequent quarter to which	83534
the fee applies, excluding the amount of any managed care premiums	83535
the corporation returned or refunded to enrollees, members, or	83536
premium payers during the period December 1, 2005, through	83537
December 31, 2005, or the subsequent quarter to which the fee	83538
applies.	83539

(3) The percentage to be used in calculating the fee shall be	83540
four and one-half per cent, unless the department adopts rules	83541
under division (L) of this section decreasing the percentage below	83542
four and one-half per cent or increasing the percentage to not	83543
more than six per cent.	83544

(C) The department shall reduce the franchise permit fee	83545
imposed under this section or terminate its collection of the fee	83546
if the department determines either of the following:	83547

(1) That the reduction or termination is required to comply	83548
with federal statutes or regulations;	83549

(2) That the fee does not qualify as a state share of	83550
medicaid expenditures eligible for federal financial	83551
participation.	83552

(D) The franchise permit fee shall be paid on or before the	83553
thirtieth day following the end of the period December 1, 2005,	83554
through December 31, 2005, or the calendar quarter to which the	83555
fee applies. At the time the fee is submitted, the medicaid health	83556
insuring corporation shall file with the department a report on a	83557
form prescribed by the department. The corporation shall provide	83558
on the form all information required by the department and shall	83559
include with the form any necessary supporting documentation.	83560

(E) The department may audit the records of any medicaid	83561
health insuring corporation to determine whether the corporation	83562
is in compliance with this section. The department may audit the	83563
records that pertain to the period December 1, 2005, through	83564
December 31, 2005, or a particular calendar quarter, at any time	83565
during the five years following the date the franchise permit fee	83566
payment for that period or quarter was due.	83567

(F)(1) A medicaid health insuring corporation that does not	83568
pay the franchise permit fee in full by the date the payment is	83569
due is subject to any or all of the following:	83570

(a) A monetary penalty in the amount of five hundred dollars	83571
for each day any part of the fee remains unpaid, except that the	83572
penalty shall not exceed an amount equal to five per cent of the	83573
total fee that was due;	83574

(b) Withholdings from future managed care premiums pursuant	83575
to division (G) of this section;	83576

(c) Termination of the corporation's medicaid provider	83577
agreement pursuant to division (H) of this section.	83578

(2) Penalties imposed under division (F)(1)(a) of this	83579
section are in addition to and not in lieu of the franchise permit	83580
fee.	83581

(G) If a medicaid health insuring corporation fails to pay	83582
the full amount of its franchise permit fee when due, or the full	83583
amount of a penalty imposed under division (F)(1)(a) of this	83584
section, the department may withhold an amount equal to the	83585
remaining amount due from any future managed care premiums to be	83586
paid to the corporation under the medicaid program. The department	83587
may withhold amounts under this division without providing notice	83588
to the corporation. The amounts may be withheld until the amount	83589
due has been paid.	83590

(H) The department may commence actions to terminate a	83591
medicaid health insuring corporation's medicaid provider	83592
agreement, and may terminate the agreement subject to division (I)	83593
of this section, if the corporation does any of the following:	83594

(1) Fails to pay its franchise permit fee or fails to pay the	83595
fee promptly;	83596

(2) Fails to pay a penalty imposed under division (F)(1)(a)	83597
of this section or fails to pay the penalty promptly;	83598

(3) Fails to cooperate with an audit conducted under division	83599
(E) of this section.	83600

(I) At the request of a medicaid health insuring corporation,	83601
the department shall grant the corporation a hearing in accordance	83602
with Chapter 119. of the Revised Code, if either of the following	83603
is the case:	83604

(1) The department has determined that the corporation owes	83605
an additional franchise permit fee or penalty as the result of an	83606
audit conducted under division (E) of this section.	83607

(2) The department is proposing to terminate the	83608
corporation's medicaid provider agreement and the provisions of	83609
section 5111.06 of the Revised Code requiring an adjudication in	83610
accordance with Chapter 119. of the Revised Code are applicable.	83611

(J)(1) At the request of a medicaid corporation, the	83612
department shall grant the corporation a reconsideration of any	83613
issue that arises out of the provisions of this section and is not	83614
subject to division (I) of this section. The department's decision	83615
at the conclusion of the reconsideration is not subject to appeal	83616
under Chapter 119. of the Revised Code or any other provision of	83617
the Revised Code.	83618

(2) In conducting a reconsideration, the department shall do	83619
at least the following:	83620

(a) Specify the time frames within which a corporation must	83621
act in order to exercise its opportunity for a reconsideration;	83622

(b) Permit the corporation to present written arguments or	83623
other materials that support the corporation's position.	83624

(K) There is hereby created in the state treasury the managed	83625
care assessment fund. Money collected from the franchise permit	83626
fees and penalties imposed under this section shall be credited to	83627
the fund. The department shall use the money in the fund to pay	83628
for medicaid services, the department's administrative costs, and	83629
contracts with medicaid health insuring corporations.	83630

(L) The director of job and family services may adopt rules	83631
to implement and administer this section. The rules shall be	83632
adopted in accordance with Chapter 119. of the Revised Code.	83633

Sec. 5111.179. (A) Subject to division (B) of this section,	83634
the department of job and family services, managed care	83635
organizations under contract with the department pursuant to	83636
section 5111.17 of the Revised Code, or both may contract with one	83637
or more medical transportation management organizations to manage	83638
nonemergency medical transportation services provided under the	83639
medicaid program. To be eligible to contract with the department	83640
or a managed care organization under this section, a medical	83641
transportation management organization must have experience in	83642
coordinating nonemergency medical transportation services in this	83643
state. If such a contract is entered into, the department shall	83644
identify which groups of medicaid recipients shall receive	83645
medicaid-covered nonemergency medical transportation services	83646
through the medical transportation management organization.	83647

(B) The director of job and family services may submit a	83648
state medicaid plan amendment or federal medicaid waiver request	83649
to the United States secretary of health and human services as	83650
necessary to implement this section. This section shall not be	83651
implemented unless the United States secretary approves the state	83652
medicaid plan amendment or federal medicaid waiver submitted under	83653
this section.	83654

Sec. 5111.222. (A) Except as otherwise provided by sections	83655
5111.20 to 5111.33 of the Revised Code and by division (B) of this	83656
section, the payments that the department of job and family	83657
services shall agree to make to the provider of a nursing facility	83658
pursuant to a provider agreement shall equal the sum of all of the	83659
following:	83660

(1) The rate for direct care costs determined for the nursing	83661
facility under section 5111.231 of the Revised Code;	83662

(2) The rate for ancillary and support costs determined for	83663
the nursing facility's ancillary and support cost peer group under	83664
section 5111.24 of the Revised Code;	83665

(3) The rate for tax costs determined for the nursing	83666
facility under section 5111.242 of the Revised Code;	83667

(4) The rate for franchise permit fees determined for the	83668
nursing facility under section 5111.243 of the Revised Code;	83669

(5) The quality incentive payment paid to the nursing	83670
facility under section 5111.244 of the Revised Code;	83671

(6) The ~~median~~ rate for capital costs determined for the	83672
nursing ~~facilities in the nursing facility's capital costs peer~~	83673
~~group as determined~~facility under section 5111.25 of the Revised	83674
Code.	83675

(B) The department shall adjust the rates otherwise	83676
determined under divisions (A)(1), (2), (3), and (6) of this	83677
section as directed by the general assembly through the enactment	83678
of law governing medicaid payments to providers of nursing	83679
facilities, including any law that does either of the following:	83680

(1) Establishes factors by which the rates are to be	83681
adjusted;	83682

(2) Establishes a methodology for phasing in the rates	83683
determined for fiscal year 2006 under uncodified law the general	83684
assembly enacts to rates determined for subsequent fiscal years	83685
under sections 5111.20 to 5111.33 of the Revised Code.	83686

Sec. 5111.23. (A) The department of job and family services	83687
shall pay a provider for each of the provider's eligible	83688
intermediate care facilities for the mentally retarded a per	83689
resident per day rate for direct care costs established	83690
prospectively for each facility. The department shall establish	83691
each facility's rate for direct care costs quarterly.	83692

(B) Each facility's rate for direct care costs shall be based	83693
on the facility's cost per case-mix unit, subject to the maximum	83694
costs per case-mix unit established under division (B)(2) of this	83695
section, from the calendar year preceding the fiscal year in which	83696
the rate is paid. To determine the rate, the department shall do	83697
all of the following:	83698

(1) Determine each facility's cost per case-mix unit for the	83699
calendar year preceding the fiscal year in which the rate will be	83700
paid by dividing the facility's desk-reviewed, actual, allowable,	83701
per diem direct care costs for that year by its average case-mix	83702
score determined under section 5111.232 of the Revised Code for	83703
the same calendar year.	83704

(2)(a) Set the maximum cost per case-mix unit for each peer	83705
group of intermediate care facilities for the mentally retarded	83706
with more than eight beds specified in rules ~~adopted under~~	83707
authorized by division (E) of this section at a percentage above	83708
the cost per case-mix unit of the facility in the group that has	83709
the group's median medicaid inpatient day for the calendar year	83710
preceding the fiscal year in which the rate will be paid, as	83711
calculated under division (B)(1) of this section, that is no less	83712
than the percentage calculated under division (D)(2) of this	83713
section.	83714

(b) Set the maximum cost per case-mix unit for each peer	83715
group of intermediate care facilities for the mentally retarded	83716
with eight or fewer beds specified in rules ~~adopted under~~	83717
authorized by division (E) of this section at a percentage above	83718
the cost per case-mix unit of the facility in the group that has	83719
the group's median medicaid inpatient day for the calendar year	83720
preceding the fiscal year in which the rate will be paid, as	83721
calculated under division (B)(1) of this section, that is no less	83722
than the percentage calculated under division (D)(3) of this	83723
section.	83724

(c) In calculating the maximum cost per case-mix unit under	83725
divisions (B)(2)(a) toand (b) of this section for each peer	83726
group, the department shall exclude from its calculations the cost	83727
per case-mix unit of any facility in the group that participated	83728
in the medicaid program under the same operator for less than	83729
twelve months during the calendar year preceding the fiscal year	83730
in which the rate will be paid.	83731

(3) Estimate the rate of inflation for the eighteen-month	83732
period beginning on the first day of July of the calendar year	83733
preceding the fiscal year in which the rate will be paid and	83734
ending on the thirty-first day of December of the fiscal year in	83735
which the rate will be paid, using the ~~employment cost index for~~	83736
~~total compensation, health services component, published by the~~	83737
~~United States bureau of labor statistics~~inflation measuring	83738
system or inflation factor specified in rules authorized by	83739
division (E) of this section. ~~If the estimated inflation rate for~~	83740
~~the eighteen-month period is different from the actual inflation~~	83741
~~rate for that period, as measured using the same index, the~~	83742
~~difference shall be added to or subtracted from the inflation~~	83743
~~rate estimated under division (B)(3) of this section for the~~	83744
~~following fiscal year.~~	83745

(4) The department shall not recalculate a maximum cost per	83746
case-mix unit under division (B)(2) of this section or a	83747
percentage under division (D) of this section based on additional	83748
information that it receives after the maximum costs per case-mix	83749
unit or percentages are set. The department shall recalculate a	83750
maximum cost per case-mix units or percentage only if it made an	83751
error in computing the maximum cost per case-mix unit or	83752
percentage based on information available at the time of the	83753
original calculation.	83754

(C) Each facility's rate for direct care costs shall be	83755
determined as follows for each calendar quarter within a fiscal	83756
year:	83757

(1) Multiply the lesser of the following by the facility's	83758
average case-mix score determined under section 5111.232 of the	83759
Revised Code for the calendar quarter that preceded the	83760
immediately preceding calendar quarter:	83761

(a) The facility's cost per case-mix unit for the calendar	83762
year preceding the fiscal year in which the rate will be paid, as	83763
determined under division (B)(1) of this section;	83764

(b) The maximum cost per case-mix unit established for the	83765
fiscal year in which the rate will be paid for the facility's peer	83766
group under division (B)(2) of this section;	83767

(2) Adjust the product determined under division (C)(1) of	83768
this section by the inflation rate estimated under division (B)(3)	83769
of this section.	83770

(D)(1) The department shall calculate the percentage above	83771
the median cost per case-mix unit determined under division (B)(1)	83772
of this section for the facility that has the median medicaid	83773
inpatient day for calendar year 1992 for all intermediate care	83774
facilities for the mentally retarded with more than eight beds	83775
that would result in payment of all desk-reviewed, actual,	83776
allowable direct care costs for eighty and one-half per cent of	83777
the medicaid inpatient days for such facilities for calendar year	83778
1992.	83779

(2) The department shall calculate the percentage above the	83780
median cost per case-mix unit determined under division (B)(1) of	83781
this section for the facility that has the median medicaid	83782
inpatient day for calendar year 1992 for all intermediate care	83783
facilities for the mentally retarded with eight or fewer beds that	83784
would result in payment of all desk-reviewed, actual, allowable	83785
direct care costs for eighty and one-half per cent of the medicaid	83786
inpatient days for such facilities for calendar year 1992.	83787

(E) The director of job and family services shall adopt rules	83788
under section 5111.02 of the Revised Code that specify ~~peer~~both	83789
of the following:	83790

(1) Peer groups of intermediate care facilities for the	83791
mentally retarded with more than eight beds and intermediate care	83792
facilities for the mentally retarded with eight or fewer beds,	83793
based on findings of significant per diem direct care cost	83794
differences due to geography and facility bed-size. The rules also	83795
may specify peer groups based on findings of significant per diem	83796
direct care cost differences due to other factors which may	83797
include case-mix.	83798

(2) The inflation measuring system or inflation factor to be	83799
used for the purpose of division (B)(3) of this section.	83800

(F) The department, in accordance with division (D) of	83801
section 5111.232 of the Revised Code and rules ~~adopted under~~	83802
authorized by division (E) of that section, may assign case-mix	83803
scores or costs per case-mix unit if a provider fails to submit	83804
assessment data necessary to calculate an intermediate care	83805
facility for the mentally retarded's case-mix score in accordance	83806
with that section.	83807

Sec. 5111.231. (A) As used in this section, "applicable	83808
calendar year" means the following:	83809

(1) For the purpose of the department of job and family	83810
services' initial determination under division (D) of this section	83811
of each peer group's cost per case-mix unit, calendar year 2003;	83812

(2) For the purpose of the department's subsequent	83813
determinations under division (D) of this section of each peer	83814
group's cost per case-mix unit, the calendar year the department	83815
selects.	83816

(B) The department of job and family services shall pay a	83817
provider for each of the provider's eligible nursing facilities a	83818
per resident per day rate for direct care costs determined	83819
semiannually by multiplying the cost per case-mix unit determined	83820
under division (D) of this section for the facility's peer group	83821
by the facility's semiannual case-mix score determined under	83822
section 5111.232 of the Revised Code.	83823

(C) For the purpose of determining nursing facilities' rate	83824
for direct care costs, the department shall establish three peer	83825
groups.	83826

Each nursing facility located in any of the following	83827
counties shall be placed in peer group one: Brown, Butler,	83828
Clermont, Clinton, Hamilton, and Warren.	83829

Each nursing facility located in any of the following	83830
counties shall be placed in peer group two: Ashtabula, Champaign,	83831
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	83832
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	83833
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	83834
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	83835
and Wood.	83836

Each nursing facility located in any of the following	83837
counties shall be placed in peer group three: Adams, Allen,	83838
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	83839
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	83840
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	83841
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	83842
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	83843
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	83844
Washington, Wayne, Williams, and Wyandot.	83845

(D)(1) At least once every ten years, the department shall	83846
determine a cost per case-mix unit for each peer group established	83847
under division (C) of this section. A cost per case-mix unit	83848
determined under this division for a peer group shall be used for	83849
subsequent years until the department redetermines it. To	83850
determine a peer group's cost per case-mix unit, the department	83851
shall do all of the following:	83852

(a) Determine the cost per case-mix unit for each nursing	83853
facility in the peer group for the applicable calendar year by	83854
dividing each facility's desk-reviewed, actual, allowable, per	83855
diem direct care costs for the applicable calendar year by the	83856
facility's annual average case-mix score determined under section	83857
5111.232 of the Revised Code for the applicable calendar year.	83858

(b) Subject to division (D)(2) of this section, identify	83859
which nursing facility in the peer group is at the twenty-fifth	83860
percentile of the cost per case-mix units determined under	83861
division (D)(1)(a) of this section.	83862

(c) Calculate the amount that is seven per cent above the	83863
cost per case-mix unit determined under division (D)(1)(a) of this	83864
section for the nursing facility identified under division	83865
(D)(1)(b) of this section.	83866

(d) Multiply the amount calculated under division (D)(1)(c)	83867
of this section by the rate of inflation for the eighteen-month	83868
period beginning on the first day of July of the applicable	83869
calendar year and ending the last day of December of the calendar	83870
year immediately following the applicable calendar year using the	83871
~~employment cost index for total compensation, health services~~	83872
~~component, published by the United States bureau of labor~~	83873
~~statistics~~inflation measuring system or inflation factor the	83874
director of job and family services shall specify in rules	83875
adopted under section 5111.02 of the Revised Code.	83876

(2) In making the identification under division (D)(1)(b) of	83877
this section, the department shall exclude both of the following:	83878

(a) Nursing facilities that participated in the medicaid	83879
program under the same provider for less than twelve months in the	83880
applicable calendar year;	83881

(b) Nursing facilities whose cost per case-mix unit is more	83882
than one standard deviation from the mean cost per case-mix unit	83883
for all nursing facilities in the nursing facility's peer group	83884
for the applicable calendar year.	83885

(3) The department shall not redetermine a peer group's cost	83886
per case-mix unit under this division based on additional	83887
information that it receives after the peer group's per case-mix	83888
unit is determined. The department shall redetermine a peer	83889
group's cost per case-mix unit only if it made an error in	83890
determining the peer group's cost per case-mix unit based on	83891
information available to the department at the time of the	83892
original determination.	83893

Sec. 5111.232. (A)(1) The department of job and family	83894
services shall determine semiannual and annual average case-mix	83895
scores for nursing facilities by using all of the following:	83896

(a) Data from a resident assessment instrument specified in	83897
rules adopted under section 5111.02 of the Revised Code pursuant	83898
to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620	83899
(1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following	83900
residents:	83901

(i) When determining ~~semi-annual~~semiannual case-mix scores,	83902
each resident who is a medicaid recipient;	83903

(ii) When determining annual average case-mix scores, each	83904
resident regardless of payment source.	83905

(b) Except as provided in rules authorized by ~~division~~	83906
divisions (A)(2)(a) and (b) of this section, the case-mix values	83907
established by the United States department of health and human	83908
services;	83909

(c) Except as modified in rules authorized by division	83910
(A)(2)(c) of this section, the grouper methodology used on June	83911
30, 1999, by the United States department of health and human	83912
services for prospective payment of skilled nursing facilities	83913
under the medicare program established by Title XVIII.	83914

(2) The director of job and family services may adopt rules	83915
under section 5111.02 of the Revised Code that do any of the	83916
following:	83917

(a) Adjust the case-mix values specified in division	83918
(A)(1)(b) of this section to reflect changes in relative wage	83919
differentials that are specific to this state;	83920

(b) Express all of those case-mix values in numeric terms	83921
that are different from the terms specified by the United States	83922
department of health and human services but that do not alter the	83923
relationship of the case-mix values to one another;	83924

(c) Modify the grouper methodology specified in division	83925
(A)(1)(c) of this section as follows:	83926

(i) Establish a different hierarchy for assigning residents	83927
to case-mix categories under the methodology;	83928

(ii) Prohibit the use of the index maximizer element of the	83929
methodology;	83930

(iii) Incorporate changes to the methodology the United	83931
States department of health and human services makes after June	83932
30, 1999;	83933

(iv) Make other changes the department determines are	83934
necessary.	83935

(B) The department shall determine case-mix scores for	83936
intermediate care facilities for the mentally retarded using data	83937
for each resident, regardless of payment source, from a resident	83938
assessment instrument and grouper methodology prescribed in rules	83939
adopted under section 5111.02 of the Revised Code and expressed in	83940
case-mix values established by the department in those rules.	83941

(C) Each calendar quarter, each provider shall compile	83942
complete assessment data, from the resident assessment instrument	83943
specified in rules authorized by division (A) or (B) of this	83944
section, for each resident of each of the provider's facilities,	83945
regardless of payment source, who was in the facility or on	83946
hospital or therapeutic leave from the facility on the last day of	83947
the quarter. Providers of a nursing facility shall submit the data	83948
to the department of health and, if required by rules, the	83949
department of job and family services. Providers of an	83950
intermediate care facility for the mentally retarded shall submit	83951
the data to the department of job and family services. The data	83952
shall be submitted not later than fifteen days after the end of	83953
the calendar quarter for which the data is compiled.	83954

Except as provided in division (D) of this section, the	83955
department, every six months and after the end of each calendar	83956
year, shall calculate a semiannual and annual average case-mix	83957
score for each nursing facility using the facility's quarterly	83958
case-mix scores for that six-month period or calendar year. Also	83959
except as provided in division (D) of this section, the	83960
department, after the end of each calendar year, shall calculate	83961
an annual average case-mix score for each intermediate care	83962
facility for the mentally retarded using the facility's quarterly	83963
case-mix scores for that calendar year. The department shall make	83964
the calculations pursuant to procedures specified in rules adopted	83965
under section 5111.02 of the Revised Code.	83966

(D)(1) If a provider does not timely submit information for a	83967
calendar quarter necessary to calculate a facility's case-mix	83968
score, or submits incomplete or inaccurate information for a	83969
calendar quarter, the department may assign the facility a	83970
quarterly average case-mix score that is five per cent less than	83971
the facility's quarterly average case-mix score for the preceding	83972
calendar quarter. If the facility was subject to an exception	83973
review under division (C) of section 5111.27 of the Revised Code	83974
for the preceding calendar quarter, the department may assign a	83975
quarterly average case-mix score that is five per cent less than	83976
the score determined by the exception review. If the facility was	83977
assigned a quarterly average case-mix score for the preceding	83978
quarter, the department may assign a quarterly average case-mix	83979
score that is five per cent less than that score assigned for the	83980
preceding quarter.	83981

The department may use a quarterly average case-mix score	83982
assigned under division (D)(1) of this section, instead of a	83983
quarterly average case-mix score calculated based on the	83984
provider's submitted information, to calculate the facility's rate	83985
for direct care costs being established under section 5111.23 or	83986
5111.231 of the Revised Code for one or more months, as specified	83987
in rules authorized by division (E) of this section, of the	83988
quarter for which the rate established under section 5111.23 or	83989
5111.231 of the Revised Code will be paid.	83990

Before taking action under division (D)(1) of this section,	83991
the department shall permit the provider a reasonable period of	83992
time, specified in rules authorized by division (E) of this	83993
section, to correct the information. In the case of an	83994
intermediate care facility for the mentally retarded, the	83995
department shall not assign a quarterly average case-mix score due	83996
to late submission of corrections to assessment information unless	83997
the provider fails to submit corrected information prior to the	83998
eighty-first day after the end of the calendar quarter to which	83999
the information pertains. In the case of a nursing facility, the	84000
department shall not assign a quarterly average case-mix score due	84001
to late submission of corrections to assessment information unless	84002
the provider fails to submit corrected information prior to the	84003
earlier of the ~~eighty-first~~forty-sixth day after the end of the	84004
calendar quarter to which the information pertains or the deadline	84005
for submission of such corrections established by regulations	84006
adopted by the United States department of health and human	84007
services under Titles XVIII and XIX.	84008

(2) If a provider is paid a rate for a facility calculated	84009
using a quarterly average case-mix score assigned under division	84010
(D)(1) of this section for more than six months in a calendar	84011
year, the department may assign the facility a cost per case-mix	84012
unit that is five per cent less than the facility's actual or	84013
assigned cost per case-mix unit for the preceding calendar year.	84014
The department may use the assigned cost per case-mix unit,	84015
instead of calculating the facility's actual cost per case-mix	84016
unit in accordance with section 5111.23 or 5111.231 of the Revised	84017
Code, to establish the facility's rate for direct care costs for	84018
the following fiscal year.	84019

(3) The department shall take action under division (D)(1) or	84020
(2) of this section only in accordance with rules authorized by	84021
division (E) of this section. The department shall not take an	84022
action that affects rates for prior payment periods except in	84023
accordance with sections 5111.27 and 5111.28 of the Revised Code.	84024

(E) The director shall adopt rules under section 5111.02 of	84025
the Revised Code that do all of the following:	84026

(1) Specify whether providers of a nursing facility must	84027
submit the assessment data to the department of job and family	84028
services;	84029

(2) Specify the medium or media through which the completed	84030
assessment data shall be submitted;	84031

(3) Establish procedures under which the assessment data	84032
shall be reviewed for accuracy and providers shall be notified of	84033
any data that requires correction;	84034

(4) Establish procedures for providers to correct assessment	84035
data and specify a reasonable period of time by which providers	84036
shall submit the corrections. The procedures may limit the content	84037
of corrections by providers of nursing facilities in the manner	84038
required by regulations adopted by the United States department of	84039
health and human services under Titles XVIII and XIX.	84040

(5) Specify when and how the department will assign case-mix	84041
scores or costs per case-mix unit under division (D) of this	84042
section if information necessary to calculate the facility's	84043
case-mix score is not provided or corrected in accordance with the	84044
procedures established by the rules. Notwithstanding any other	84045
provision of sections 5111.20 to 5111.33 of the Revised Code, the	84046
rules also may provide for the following:	84047

(a) Exclusion of case-mix scores assigned under division (D)	84048
of this section from calculation of an intermediate care facility	84049
for the mentally retarded's annual average case-mix score and the	84050
maximum cost per case-mix unit for the facility's peer group;	84051

(b) Exclusion of case-mix scores assigned under division (D)	84052
of this section from calculation of a nursing facility's	84053
semiannual or annual average case-mix score and the cost per	84054
case-mix unit for the facility's peer group.	84055

Sec. 5111.235. The department of job and family services	84056
shall pay a provider for each of the provider's eligible	84057
intermediate care facilities for the mentally retarded a per	84058
resident per day rate for other protected costs established	84059
prospectively each fiscal year for each facility. The rate for	84060
each facility shall be the facility's desk-reviewed, actual,	84061
allowable, per diem other protected costs from the calendar year	84062
preceding the fiscal year in which the rate will be paid, all	84063
adjusted for the estimated inflation rate for the eighteen-month	84064
period beginning on the first day of July of the calendar year	84065
preceding the fiscal year in which the rate will be paid and	84066
ending on the thirty-first day of December of that fiscal year.	84067
The department shall estimate inflation using the ~~consumer price~~	84068
~~index for all urban consumers for nonprescription drugs and~~	84069
~~medical supplies, as published by the United States bureau of~~	84070
~~labor statistics~~inflation measuring system or inflation factor	84071
the director of job and family services shall specify in rules	84072
adopted under section 5111.02 of the Revised Code. ~~If the~~	84073
~~estimated inflation rate for the eighteen-month period is~~	84074
~~different from the actual inflation rate for that period, the~~	84075
~~difference shall be added to or subtracted from the inflation~~	84076
~~rate estimated for the following year.~~	84077

Sec. 5111.24. (A) As used in this section, "applicable	84078
calendar year" means the following:	84079

(1) For the purpose of the department of job and family	84080
services' initial determination under division (D) of this section	84081
of each peer group's rate for ancillary and support costs,	84082
calendar year 2003;	84083

(2) For the purpose of the department's subsequent	84084
determinations under division (D) of this section of each peer	84085
group's rate for ancillary and support costs, the calendar year	84086
the department selects.	84087

(B) The department of job and family services shall pay a	84088
provider for each of the provider's eligible nursing facilities a	84089
per resident per day rate for ancillary and support costs	84090
determined for the nursing facility's peer group under division	84091
(D) of this section.	84092

(C) For the purpose of determining nursing facilities' rate	84093
for ancillary and support costs, the department shall establish	84094
six peer groups.	84095

Each nursing facility located in any of the following	84096
counties shall be placed in peer group one or two: Brown, Butler,	84097
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	84098
located in any of those counties that has fewer than one hundred	84099
beds shall be placed in peer group one. Each nursing facility	84100
located in any of those counties that has one hundred or more beds	84101
shall be placed in peer group two.	84102

Each nursing facility located in any of the following	84103
counties shall be placed in peer group three or four: Ashtabula,	84104
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	84105
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	84106
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	84107
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	84108
Union, and Wood. Each nursing facility located in any of those	84109
counties that has fewer than one hundred beds shall be placed in	84110
peer group three. Each nursing facility located in any of those	84111
counties that has one hundred or more beds shall be placed in peer	84112
group four.	84113

Each nursing facility located in any of the following	84114
counties shall be placed in peer group five or six: Adams, Allen,	84115
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	84116
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	84117
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	84118
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	84119
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	84120
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	84121
Washington, Wayne, Williams, and Wyandot. Each nursing facility	84122
located in any of those counties that has fewer than one hundred	84123
beds shall be placed in peer group five. Each nursing facility	84124
located in any of those counties that has one hundred or more beds	84125
shall be placed in peer group six.	84126

(D)(1) At least once every ten years, the department shall	84127
determine the rate for ancillary and support costs for each peer	84128
group established under division (C) of this section. The rate for	84129
ancillary and support costs determined under this division for a	84130
peer group shall be used for subsequent years until the department	84131
redetermines it. To determine a peer group's rate for ancillary	84132
and support costs, the department shall do all of the following:	84133

(a) Determine the rate for ancillary and support costs for	84134
each nursing facility in the peer group for the applicable	84135
calendar year by using the greater of the nursing facility's	84136
actual inpatient days for the applicable calendar year or the	84137
inpatient days the nursing facility would have had for the	84138
applicable calendar year if its occupancy rate had been ninety per	84139
cent. For the purpose of determining a nursing facility's	84140
occupancy rate under division (D)(1)(a) of this section, the	84141
department shall include any beds that the nursing facility	84142
removes from its medicaid-certified capacity unless the nursing	84143
facility also removes the beds from its licensed bed capacity.	84144

(b) Subject to division (D)(2) of this section, identify	84145
which nursing facility in the peer group is at the twenty-fifth	84146
percentile of the rate for ancillary and support costs for the	84147
applicable calendar year determined under division (D)(1)(a) of	84148
this section.	84149

(c) Calculate the amount that is three per cent above the	84150
rate for ancillary and support costs determined under division	84151
(D)(1)(a) of this section for the nursing facility identified	84152
under division (D)(1)(b) of this section.	84153

(d) Multiply the amount calculated under division (D)(1)(c)	84154
of this section by the rate of inflation for the eighteen-month	84155
period beginning on the first day of July of the applicable	84156
calendar year and ending the last day of December of the calendar	84157
year immediately following the applicable calendar year using the	84158
~~consumer price index for all items for all urban consumers for the~~	84159
~~north central region, published by the United States bureau of~~	84160
~~labor statistics~~inflation measuring system or inflation factor	84161
the director of job and family services shall specify in rules	84162
adopted under section 5111.02 of the Revised Code.	84163

(2) In making the identification under division (D)(1)(b) of	84164
this section, the department shall exclude both of the following:	84165

(a) Nursing facilities that participated in the medicaid	84166
program under the same provider for less than twelve months in the	84167
applicable calendar year;	84168

(b) Nursing facilities whose ancillary and support costs are	84169
more than one standard deviation from the mean desk-reviewed,	84170
actual, allowable, per diem ancillary and support cost for all	84171
nursing facilities in the nursing facility's peer group for the	84172
applicable calendar year.	84173

(3) The department shall not redetermine a peer group's rate	84174
for ancillary and support costs under this division based on	84175
additional information that it receives after the rate is	84176
determined. The department shall redetermine a peer group's rate	84177
for ancillary and support costs only if it made an error in	84178
determining the rate based on information available to the	84179
department at the time of the original determination.	84180

Sec. 5111.241. (A) The department of job and family services	84181
shall pay a provider for each of the provider's eligible	84182
intermediate care facilities for the mentally retarded a per	84183
resident per day rate for indirect care costs established	84184
prospectively each fiscal year for each facility. The rate for	84185
each intermediate care facility for the mentally retarded shall be	84186
the sum of the following, but shall not exceed the maximum rate	84187
established for the facility's peer group under division (B) of	84188
this section:	84189

(1) The facility's desk-reviewed, actual, allowable, per diem	84190
indirect care costs from the calendar year preceding the fiscal	84191
year in which the rate will be paid, adjusted for the inflation	84192
rate estimated under division (C)(1) of this section;	84193

(2) An efficiency incentive in the following amount:

84194

(a) For fiscal years ending in even-numbered calendar years:

84195

(i) In the case of intermediate care facilities for the	84196
mentally retarded with more than eight beds, seven and one-tenth	84197
per cent of the maximum rate established for the facility's peer	84198
group under division (B) of this section;	84199

(ii) In the case of intermediate care facilities for the	84200
mentally retarded with eight or fewer beds, seven per cent of the	84201
maximum rate established for the facility's peer group under	84202
division (B) of this section;	84203

(b) For fiscal years ending in odd-numbered calendar years,	84204
the amount calculated for the preceding fiscal year under division	84205
(A)(2)(a) of this section.	84206

(B)(1) The maximum rate for indirect care costs for each peer	84207
group of intermediate care facilities for the mentally retarded	84208
with more than eight beds specified in rules ~~adopted under~~	84209
authorized by division (D) of this section shall be determined as	84210
follows:	84211

(a) For fiscal years ending in even-numbered calendar years,	84212
the maximum rate for each peer group shall be the rate that is no	84213
less than twelve and four-tenths per cent above the median	84214
desk-reviewed, actual, allowable, per diem indirect care cost for	84215
all intermediate care facilities for the mentally retarded with	84216
more than eight beds in the group, excluding facilities in the	84217
group whose indirect care costs for that period are more than	84218
three standard deviations from the mean desk-reviewed, actual,	84219
allowable, per diem indirect care cost for all intermediate care	84220
facilities for the mentally retarded with more than eight beds,	84221
for the calendar year preceding the fiscal year in which the rate	84222
will be paid, adjusted by the inflation rate estimated under	84223
division (C)(1) of this section.	84224

(b) For fiscal years ending in odd-numbered calendar years,	84225
the maximum rate for each peer group is the group's maximum rate	84226
for the previous fiscal year, adjusted for the inflation rate	84227
estimated under division (C)(2) of this section.	84228

(2) The maximum rate for indirect care costs for each peer	84229
group of intermediate care facilities for the mentally retarded	84230
with eight or fewer beds specified in rules ~~adopted under~~	84231
authorized by division (D) of this section shall be determined as	84232
follows:	84233

(a) For fiscal years ending in even-numbered calendar years,	84234
the maximum rate for each peer group shall be the rate that is no	84235
less than ten and three-tenths per cent above the median	84236
desk-reviewed, actual, allowable, per diem indirect care cost for	84237
all intermediate care facilities for the mentally retarded with	84238
eight or fewer beds in the group, excluding facilities in the	84239
group whose indirect care costs are more than three standard	84240
deviations from the mean desk-reviewed, actual, allowable, per	84241
diem indirect care cost for all intermediate care facilities for	84242
the mentally retarded with eight or fewer beds, for the calendar	84243
year preceding the fiscal year in which the rate will be paid,	84244
adjusted by the inflation rate estimated under division (C)(1) of	84245
this section.	84246

(b) For fiscal years that end in odd-numbered calendar years,	84247
the maximum rate for each peer group is the group's maximum rate	84248
for the previous fiscal year, adjusted for the inflation rate	84249
estimated under division (C)(2) of this section.	84250

(3) The department shall not recalculate a maximum rate for	84251
indirect care costs under division (B)(1) or (2) of this section	84252
based on additional information that it receives after the maximum	84253
rate is set. The department shall recalculate the maximum rate for	84254
indirect care costs only if it made an error in computing the	84255
maximum rate based on the information available at the time of the	84256
original calculation.	84257

(C)(1) When adjusting rates for inflation under divisions	84258
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	84259
shall estimate the rate of inflation for the eighteen-month period	84260
beginning on the first day of July of the calendar year preceding	84261
the fiscal year in which the rate will be paid and ending on the	84262
thirty-first day of December of the fiscal year in which the rate	84263
will be paid, using the ~~consumer price index for all items for all~~	84264
~~urban consumers for the north central region, published by the~~	84265
~~United States bureau of labor statistics~~inflation measuring	84266
system or inflation factor specified in rules authorized by	84267
division (D) of this section.	84268

(2) When adjusting rates for inflation under divisions	84269
(B)(1)(b) and (B)(2)(b) of this section, the department shall	84270
estimate the rate of inflation for the twelve-month period	84271
beginning on the first day of January of the fiscal year preceding	84272
the fiscal year in which the rate will be paid and ending on the	84273
thirty-first day of December of the fiscal year in which the rate	84274
will be paid, using the ~~consumer price index for all items for all~~	84275
~~urban consumers for the north central region, published by the~~	84276
~~United States bureau of labor statistics~~inflation measuring	84277
system or inflation factor specified in rules authorized by	84278
division (D) of this section.	84279

~~(3) If an inflation rate estimated under division (C)(1) or~~	84280
~~(2) of this section is different from the actual inflation rate~~	84281
~~for the relevant time period, as measured using the same index,~~	84282
~~the difference shall be added to or subtracted from the inflation~~	84283
~~rate estimated pursuant to this division for the following fiscal~~	84284
~~year.~~	84285

(D) The director of job and family services shall adopt rules	84286
under section 5111.02 of the Revised Code that specify ~~peer~~both	84287
of the following:	84288

(1) Peer groups of intermediate care facilities for the	84289
mentally retarded with more than eight beds, and peer groups of	84290
intermediate care facilities for the mentally retarded with eight	84291
or fewer beds, based on findings of significant per diem indirect	84292
care cost differences due to geography and facility bed-size. The	84293
rules also may specify peer groups based on findings of	84294
significant per diem indirect care cost differences due to other	84295
factors, including case-mix.	84296

(2) The inflation measuring system or inflation factor to be	84297
used for the purpose of divisions (C)(1) and (2) of this section.	84298

Sec. 5111.25. (A) As used in this section, "applicable	84299
calendar year" means the following:	84300

(1) For the purpose of the department of job and family	84301
services' initial determination under division (D) of this section	84302
of each peer group's median rate for capital costs, calendar year	84303
2003;	84304

(2) For the purpose of the department's subsequent	84305
determinations under division (D) of this section of each peer	84306
group's median rate for capital costs, the calendar year the	84307
department selects.	84308

(B) The department of job and family services shall pay a	84309
provider for each of the provider's eligible nursing facilities a	84310
per resident per day rate for capital costs. A nursing facility's	84311
rate for capital costs shall be the greater of the following:	84312

(1) The median rate for capital costs for the nursing	84313
facilities in the nursing facility's peer group as determined	84314
under division (D) of this section;	84315

(2) The sum of the following:

84316

(a) The capital costs portion of the nursing facility's	84317
medicaid reimbursement per diem rate on June 30, 2005, regardless	84318
of whether the nursing facility has undergone a change of	84319
operator, as defined in section 5111.65 of the Revised Code, after	84320
that date;	84321

(b) Any per diem for which the nursing facility qualified	84322
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th general	84323
assembly, as amended by Am. Sub. H.B. 562 of the 127th general	84324
assembly.	84325

(C) For the purpose of determining nursing facilities' median	84326
rate for capital costs, the department shall establish six peer	84327
groups.	84328

Each nursing facility located in any of the following	84329
counties shall be placed in peer group one or two: Brown, Butler,	84330
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	84331
located in any of those counties that has fewer than one hundred	84332
beds shall be placed in peer group one. Each nursing facility	84333
located in any of those counties that has one hundred or more beds	84334
shall be placed in peer group two.	84335

Each nursing facility located in any of the following	84336
counties shall be placed in peer group three or four: Ashtabula,	84337
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	84338
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	84339
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	84340
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	84341
Union, and Wood. Each nursing facility located in any of those	84342
counties that has fewer than one hundred beds shall be placed in	84343
peer group three. Each nursing facility located in any of those	84344
counties that has one hundred or more beds shall be placed in peer	84345
group four.	84346

Each nursing facility located in any of the following	84347
counties shall be placed in peer group five or six: Adams, Allen,	84348
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	84349
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	84350
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	84351
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	84352
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	84353
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	84354
Washington, Wayne, Williams, and Wyandot. Each nursing facility	84355
located in any of those counties that has fewer than one hundred	84356
beds shall be placed in peer group five. Each nursing facility	84357
located in any of those counties that has one hundred or more beds	84358
shall be placed in peer group six.	84359

(D)(1) At least once every ten years, the department shall	84360
determine the median rate for capital costs for each peer group	84361
established under division (C) of this section. The median rate	84362
for capital costs determined under this division for a peer group	84363
shall be used for subsequent years until the department	84364
redetermines it. To determine a peer group's median rate for	84365
capital costs, the department shall do both of the following:	84366

(a) Subject to division (D)(2) of this section, use the	84367
greater of each nursing facility's actual inpatient days for the	84368
applicable calendar year or the inpatient days the nursing	84369
facility would have had for the applicable calendar year if its	84370
occupancy rate had been one hundred per cent.	84371

(b) Exclude both of the following:

84372

(i) Nursing facilities that participated in the medicaid	84373
program under the same provider for less than twelve months in the	84374
applicable calendar year;	84375

(ii) Nursing facilities whose capital costs are more than one	84376
standard deviation from the mean desk-reviewed, actual, allowable,	84377
per diem capital cost for all nursing facilities in the nursing	84378
facility's peer group for the applicable calendar year.	84379

(2) For the purpose of determining a nursing facility's	84380
occupancy rate under division (D)(1)(a) of this section, the	84381
department shall include any beds that the nursing facility	84382
removes from its medicaid-certified capacity after June 30, 2005,	84383
unless the nursing facility also removes the beds from its	84384
licensed bed capacity.	84385

(E) Buildings shall be depreciated using the straight line	84386
method over forty years or over a different period approved by the	84387
department. Components and equipment shall be depreciated using	84388
the straight-line method over a period designated in rules adopted	84389
under section 5111.02 of the Revised Code, consistent with the	84390
guidelines of the American hospital association, or over a	84391
different period approved by the department. Any rules authorized	84392
by this division that specify useful lives of buildings,	84393
components, or equipment apply only to assets acquired on or after	84394
July 1, 1993. Depreciation for costs paid or reimbursed by any	84395
government agency shall not be included in capital costs unless	84396
that part of the payment under sections 5111.20 to 5111.33 of the	84397
Revised Code is used to reimburse the government agency.	84398

(F) The capital cost basis of nursing facility assets shall	84399
be determined in the following manner:	84400

(1) Except as provided in division (F)(3) of this section,	84401
for purposes of calculating the rates to be paid for facilities	84402
with dates of licensure on or before June 30, 1993, the capital	84403
cost basis of each asset shall be equal to the desk-reviewed,	84404
actual, allowable, capital cost basis that is listed on the	84405
facility's cost report for the calendar year preceding the fiscal	84406
year during which the rate will be paid.	84407

(2) For facilities with dates of licensure after June 30,	84408
1993, the capital cost basis shall be determined in accordance	84409
with the principles of the medicare program established under	84410
Title XVIII, except as otherwise provided in sections 5111.20 to	84411
5111.33 of the Revised Code.	84412

(3) Except as provided in division (F)(4) of this section, if	84413
a provider transfers an interest in a facility to another provider	84414
after June 30, 1993, there shall be no increase in the capital	84415
cost basis of the asset if the providers are related parties or	84416
the provider to which the interest is transferred authorizes the	84417
provider that transferred the interest to continue to operate the	84418
facility under a lease, management agreement, or other	84419
arrangement. If the previous sentence does not prohibit the	84420
adjustment of the capital cost basis under this division, the	84421
basis of the asset shall be adjusted by the lesser of the	84422
following:	84423

(a) One-half of the change in construction costs during the	84424
time that the transferor held the asset, as calculated by the	84425
department of job and family services using the "Dodge building	84426
cost indexes, northeastern and north central states," published by	84427
Marshall and Swift;	84428

(b) One-half of the change in the consumer price index for	84429
all items for all urban consumers, as published by the United	84430
States bureau of labor statistics, during the time that the	84431
transferor held the asset.	84432

(4) If a provider transfers an interest in a facility to	84433
another provider who is a related party, the capital cost basis of	84434
the asset shall be adjusted as specified in division (F)(3) of	84435
this section if all of the following conditions are met:	84436

(a) The related party is a relative of owner;

84437

(b) Except as provided in division (F)(4)(c)(ii) of this	84438
section, the provider making the transfer retains no ownership	84439
interest in the facility;	84440

(c) The department of job and family services determines that	84441
the transfer is an arm's length transaction pursuant to rules	84442
adopted under section 5111.02 of the Revised Code. The rules shall	84443
provide that a transfer is an arm's length transaction if all of	84444
the following apply:	84445

(i) Once the transfer goes into effect, the provider that	84446
made the transfer has no direct or indirect interest in the	84447
provider that acquires the facility or the facility itself,	84448
including interest as an owner, officer, director, employee,	84449
independent contractor, or consultant, but excluding interest as a	84450
creditor.	84451

(ii) The provider that made the transfer does not reacquire	84452
an interest in the facility except through the exercise of a	84453
creditor's rights in the event of a default. If the provider	84454
reacquires an interest in the facility in this manner, the	84455
department shall treat the facility as if the transfer never	84456
occurred when the department calculates its reimbursement rates	84457
for capital costs.	84458

(iii) The transfer satisfies any other criteria specified in	84459
the rules.	84460

(d) Except in the case of hardship caused by a catastrophic	84461
event, as determined by the department, or in the case of a	84462
provider making the transfer who is at least sixty-five years of	84463
age, not less than twenty years have elapsed since, for the same	84464
facility, the capital cost basis was adjusted most recently under	84465
division (F)(4) of this section or actual, allowable cost of	84466
ownership was determined most recently under division (G)(9) of	84467
this section.	84468

(G) As used in this division:

84469

"Imputed interest" means the lesser of the prime rate plus	84470
two per cent or ten per cent.	84471

"Lease expense" means lease payments in the case of an	84472
operating lease and depreciation expense and interest expense in	84473
the case of a capital lease.	84474

"New lease" means a lease, to a different lessee, of a	84475
nursing facility that previously was operated under a lease.	84476

(1) Subject to division (B) of this section, for a lease of a	84477
facility that was effective on May 27, 1992, the entire lease	84478
expense is an actual, allowable capital cost during the term of	84479
the existing lease. The entire lease expense also is an actual,	84480
allowable capital cost if a lease in existence on May 27, 1992, is	84481
renewed under either of the following circumstances:	84482

(a) The renewal is pursuant to a renewal option that was in	84483
existence on May 27, 1992;	84484

(b) The renewal is for the same lease payment amount and	84485
between the same parties as the lease in existence on May 27,	84486
1992.	84487

(2) Subject to division (B) of this section, for a lease of a	84488
facility that was in existence but not operated under a lease on	84489
May 27, 1992, actual, allowable capital costs shall include the	84490
lesser of the annual lease expense or the annual depreciation	84491
expense and imputed interest expense that would be calculated at	84492
the inception of the lease using the lessor's entire historical	84493
capital asset cost basis, adjusted by the lesser of the following	84494
amounts:	84495

(a) One-half of the change in construction costs during the	84496
time the lessor held each asset until the beginning of the lease,	84497
as calculated by the department using the "Dodge building cost	84498
indexes, northeastern and north central states," published by	84499
Marshall and Swift;	84500

(b) One-half of the change in the consumer price index for	84501
all items for all urban consumers, as published by the United	84502
States bureau of labor statistics, during the time the lessor held	84503
each asset until the beginning of the lease.	84504

(3) Subject to division (B) of this section, for a lease of a	84505
facility with a date of licensure on or after May 27, 1992, that	84506
is initially operated under a lease, actual, allowable capital	84507
costs shall include the annual lease expense if there was a	84508
substantial commitment of money for construction of the facility	84509
after December 22, 1992, and before July 1, 1993. If there was not	84510
a substantial commitment of money after December 22, 1992, and	84511
before July 1, 1993, actual, allowable capital costs shall include	84512
the lesser of the annual lease expense or the sum of the	84513
following:	84514

(a) The annual depreciation expense that would be calculated	84515
at the inception of the lease using the lessor's entire historical	84516
capital asset cost basis;	84517

(b) The greater of the lessor's actual annual amortization of	84518
financing costs and interest expense at the inception of the lease	84519
or the imputed interest expense calculated at the inception of the	84520
lease using seventy per cent of the lessor's historical capital	84521
asset cost basis.	84522

(4) Subject to division (B) of this section, for a lease of a	84523
facility with a date of licensure on or after May 27, 1992, that	84524
was not initially operated under a lease and has been in existence	84525
for ten years, actual, allowable capital costs shall include the	84526
lesser of the annual lease expense or the annual depreciation	84527
expense and imputed interest expense that would be calculated at	84528
the inception of the lease using the entire historical capital	84529
asset cost basis of the lessor, adjusted by the lesser of the	84530
following:	84531

(a) One-half of the change in construction costs during the	84532
time the lessor held each asset until the beginning of the lease,	84533
as calculated by the department using the "Dodge building cost	84534
indexes, northeastern and north central states," published by	84535
Marshall and Swift;	84536

(b) One-half of the change in the consumer price index for	84537
all items for all urban consumers, as published by the United	84538
States bureau of labor statistics, during the time the lessor held	84539
each asset until the beginning of the lease.	84540

(5) Subject to division (B) of this section, for a new lease	84541
of a facility that was operated under a lease on May 27, 1992,	84542
actual, allowable capital costs shall include the lesser of the	84543
annual new lease expense or the annual old lease payment. If the	84544
old lease was in effect for ten years or longer, the old lease	84545
payment from the beginning of the old lease shall be adjusted by	84546
the lesser of the following:	84547

(a) One-half of the change in construction costs from the	84548
beginning of the old lease to the beginning of the new lease, as	84549
calculated by the department using the "Dodge building cost	84550
indexes, northeastern and north central states," published by	84551
Marshall and Swift;	84552

(b) One-half of the change in the consumer price index for	84553
all items for all urban consumers, as published by the United	84554
States bureau of labor statistics, from the beginning of the old	84555
lease to the beginning of the new lease.	84556

(6) Subject to division (B) of this section, for a new lease	84557
of a facility that was not in existence or that was in existence	84558
but not operated under a lease on May 27, 1992, actual, allowable	84559
capital costs shall include the lesser of annual new lease expense	84560
or the annual amount calculated for the old lease under division	84561
(G)(2), (3), (4), or (6) of this section, as applicable. If the	84562
old lease was in effect for ten years or longer, the lessor's	84563
historical capital asset cost basis shall be adjusted by the	84564
lesser of the following for purposes of calculating the annual	84565
amount under division (G)(2), (3), (4), or (6) of this section:	84566

(a) One-half of the change in construction costs from the	84567
beginning of the old lease to the beginning of the new lease, as	84568
calculated by the department using the "Dodge building cost	84569
indexes, northeastern and north central states," published by	84570
Marshall and Swift;	84571

(b) One-half of the change in the consumer price index for	84572
all items for all urban consumers, as published by the United	84573
States bureau of labor statistics, from the beginning of the old	84574
lease to the beginning of the new lease.	84575

In the case of a lease under division (G)(3) of this section	84576
of a facility for which a substantial commitment of money was made	84577
after December 22, 1992, and before July 1, 1993, the old lease	84578
payment shall be adjusted for the purpose of determining the	84579
annual amount.	84580

(7) For any revision of a lease described in division (G)(1),	84581
(2), (3), (4), (5), or (6) of this section, or for any subsequent	84582
lease of a facility operated under such a lease, other than	84583
execution of a new lease, the portion of actual, allowable capital	84584
costs attributable to the lease shall be the same as before the	84585
revision or subsequent lease.	84586

(8) Except as provided in division (G)(9) of this section, if	84587
a provider leases an interest in a facility to another provider	84588
who is a related party or previously operated the facility, the	84589
related party's or previous operator's actual, allowable capital	84590
costs shall include the lesser of the annual lease expense or the	84591
reasonable cost to the lessor.	84592

(9) If a provider leases an interest in a facility to another	84593
provider who is a related party, regardless of the date of the	84594
lease, the related party's actual, allowable capital costs shall	84595
include the annual lease expense, subject to the limitations	84596
specified in divisions (G)(1) to (7) of this section, if all of	84597
the following conditions are met:	84598

(a) The related party is a relative of owner;

84599

(b) If the lessor retains an ownership interest, it is,	84600
except as provided in division (G)(9)(c)(ii) of this section, in	84601
only the real property and any improvements on the real property;	84602

(c) The department of job and family services determines that	84603
the lease is an arm's length transaction pursuant to rules adopted	84604
under section 5111.02 of the Revised Code. The rules shall provide	84605
that a lease is an arm's length transaction if all of the	84606
following apply:	84607

(i) Once the lease goes into effect, the lessor has no direct	84608
or indirect interest in the lessee or, except as provided in	84609
division (G)(9)(b) of this section, the facility itself, including	84610
interest as an owner, officer, director, employee, independent	84611
contractor, or consultant, but excluding interest as a lessor.	84612

(ii) The lessor does not reacquire an interest in the	84613
facility except through the exercise of a lessor's rights in the	84614
event of a default. If the lessor reacquires an interest in the	84615
facility in this manner, the department shall treat the facility	84616
as if the lease never occurred when the department calculates its	84617
reimbursement rates for capital costs.	84618

(iii) The lease satisfies any other criteria specified in the	84619
rules.	84620

(d) Except in the case of hardship caused by a catastrophic	84621
event, as determined by the department, or in the case of a lessor	84622
who is at least sixty-five years of age, not less than twenty	84623
years have elapsed since, for the same facility, the capital cost	84624
basis was adjusted most recently under division (F)(4) of this	84625
section or actual, allowable capital costs were determined most	84626
recently under division (G)(9) of this section.	84627

(10) This division does not apply to leases of specific items	84628
of equipment.	84629

(H) After the date on which a transaction of sale is closed,	84630
the provider shall refund to the department the amount of excess	84631
depreciation paid to the provider for the facility by the	84632
department for each year the provider has operated the facility	84633
under a provider agreement and prorated according to the number of	84634
medicaid patient days for which the provider has received payment	84635
for the facility. The provider of a facility that is sold or that	84636
voluntarily terminates participation in the medicaid program also	84637
shall refund any other amount that the department properly finds	84638
to be due after the audit conducted under this division. For the	84639
purposes of this division, "depreciation paid to the provider for	84640
the facility" means the amount paid to the provider for the	84641
nursing facility for capital costs pursuant to this section less	84642
any amount paid for interest costs, amortization of financing	84643
costs, and lease expenses. For the purposes of this division,	84644
"excess depreciation" is the nursing facility's depreciated basis,	84645
which is the provider's cost less accumulated depreciation,	84646
subtracted from the purchase price net of selling costs but not	84647
exceeding the amount of depreciation paid to the provider for the	84648
facility.	84649

Sec. 5111.251. (A) The department of job and family services	84650
shall pay a provider for each of the provider's eligible	84651
intermediate care facilities for the mentally retarded for its	84652
reasonable capital costs, a per resident per day rate established	84653
prospectively each fiscal year for each intermediate care facility	84654
for the mentally retarded. Except as otherwise provided in	84655
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be	84656
based on the facility's capital costs for the calendar year	84657
preceding the fiscal year in which the rate will be paid. The rate	84658
shall equal the sum of the following:	84659

(1) The facility's desk-reviewed, actual, allowable, per diem	84660
cost of ownership for the preceding cost reporting period, limited	84661
as provided in divisions (C) and (F) of this section;	84662

(2) Any efficiency incentive determined under division (B) of	84663
this section;	84664

(3) Any amounts for renovations determined under division (D)	84665
of this section;	84666

(4) Any amounts for return on equity determined under	84667
division (I) of this section.	84668

Buildings shall be depreciated using the straight line method	84669
over forty years or over a different period approved by the	84670
department. Components and equipment shall be depreciated using	84671
the straight line method over a period designated by the director	84672
of job and family services in rules adopted under section 5111.02	84673
of the Revised Code, consistent with the guidelines of the	84674
American hospital association, or over a different period approved	84675
by the department of job and family services. Any rules authorized	84676
by this division that specify useful lives of buildings,	84677
components, or equipment apply only to assets acquired on or after	84678
July 1, 1993. Depreciation for costs paid or reimbursed by any	84679
government agency shall not be included in costs of ownership or	84680
renovation unless that part of the payment under sections 5111.20	84681
to 5111.33 of the Revised Code is used to reimburse the government	84682
agency.	84683

(B) The department of job and family services shall pay to a	84684
provider for each of the provider's eligible intermediate care	84685
facilities for the mentally retarded an efficiency incentive equal	84686
to fifty per cent of the difference between any desk-reviewed,	84687
actual, allowable cost of ownership and the applicable limit on	84688
cost of ownership payments under division (C) of this section. For	84689
purposes of computing the efficiency incentive, depreciation for	84690
costs paid or reimbursed by any government agency shall be	84691
considered as a cost of ownership, and the applicable limit under	84692
division (C) of this section shall apply both to facilities with	84693
more than eight beds and facilities with eight or fewer beds. The	84694
efficiency incentive paid to a provider for a facility with eight	84695
or fewer beds shall not exceed three dollars per patient day,	84696
adjusted annually for the inflation rate for the twelve-month	84697
period beginning on the first day of July of the calendar year	84698
preceding the calendar year that precedes the fiscal year for	84699
which the efficiency incentive is determined and ending on the	84700
thirtieth day of the following June, using the ~~consumer price~~	84701
~~index for shelter costs for all urban consumers for the north~~	84702
~~central region, as published by the United States bureau of labor~~	84703
~~statistics~~inflation measuring system or inflation factor the	84704
director of job and family services shall specify in rules	84705
adopted under section 5111.02 of the Revised Code.	84706

(C) Cost of ownership payments for intermediate care	84707
facilities for the mentally retarded with more than eight beds	84708
shall not exceed the following limits:	84709

(1) For facilities with dates of licensure prior to January	84710
1, l958, not exceeding two dollars and fifty cents per patient	84711
day;	84712

(2) For facilities with dates of licensure after December 31,	84713
l957, but prior to January 1, l968, not exceeding:	84714

(a) Three dollars and fifty cents per patient day if the cost	84715
of construction was three thousand five hundred dollars or more	84716
per bed;	84717

(b) Two dollars and fifty cents per patient day if the cost	84718
of construction was less than three thousand five hundred dollars	84719
per bed.	84720

(3) For facilities with dates of licensure after December 31,	84721
l967, but prior to January 1, l976, not exceeding:	84722

(a) Four dollars and fifty cents per patient day if the cost	84723
of construction was five thousand one hundred fifty dollars or	84724
more per bed;	84725

(b) Three dollars and fifty cents per patient day if the cost	84726
of construction was less than five thousand one hundred fifty	84727
dollars per bed, but exceeds three thousand five hundred dollars	84728
per bed;	84729

(c) Two dollars and fifty cents per patient day if the cost	84730
of construction was three thousand five hundred dollars or less	84731
per bed.	84732

(4) For facilities with dates of licensure after December 31,	84733
l975, but prior to January 1, l979, not exceeding:	84734

(a) Five dollars and fifty cents per patient day if the cost	84735
of construction was six thousand eight hundred dollars or more per	84736
bed;	84737

(b) Four dollars and fifty cents per patient day if the cost	84738
of construction was less than six thousand eight hundred dollars	84739
per bed but exceeds five thousand one hundred fifty dollars per	84740
bed;	84741

(c) Three dollars and fifty cents per patient day if the cost	84742
of construction was five thousand one hundred fifty dollars or	84743
less per bed, but exceeds three thousand five hundred dollars per	84744
bed;	84745

(d) Two dollars and fifty cents per patient day if the cost	84746
of construction was three thousand five hundred dollars or less	84747
per bed.	84748

(5) For facilities with dates of licensure after December 31,	84749
l978, but prior to January 1, l980, not exceeding:	84750

(a) Six dollars per patient day if the cost of construction	84751
was seven thousand six hundred twenty-five dollars or more per	84752
bed;	84753

(b) Five dollars and fifty cents per patient day if the cost	84754
of construction was less than seven thousand six hundred	84755
twenty-five dollars per bed but exceeds six thousand eight hundred	84756
dollars per bed;	84757

(c) Four dollars and fifty cents per patient day if the cost	84758
of construction was six thousand eight hundred dollars or less per	84759
bed but exceeds five thousand one hundred fifty dollars per bed;	84760

(d) Three dollars and fifty cents per patient day if the cost	84761
of construction was five thousand one hundred fifty dollars or	84762
less but exceeds three thousand five hundred dollars per bed;	84763

(e) Two dollars and fifty cents per patient day if the cost	84764
of construction was three thousand five hundred dollars or less	84765
per bed.	84766

(6) For facilities with dates of licensure after December 31,	84767
1979, but prior to January 1, 1981, not exceeding:	84768

(a) Twelve dollars per patient day if the beds were	84769
originally licensed as residential facility beds by the department	84770
of mental retardation and developmental disabilities;	84771

(b) Six dollars per patient day if the beds were originally	84772
licensed as nursing home beds by the department of health.	84773

(7) For facilities with dates of licensure after December 31,	84774
1980, but prior to January 1, 1982, not exceeding:	84775

(a) Twelve dollars per patient day if the beds were	84776
originally licensed as residential facility beds by the department	84777
of mental retardation and developmental disabilities;	84778

(b) Six dollars and forty-five cents per patient day if the	84779
beds were originally licensed as nursing home beds by the	84780
department of health.	84781

(8) For facilities with dates of licensure after December 31,	84782
1981, but prior to January 1, 1983, not exceeding:	84783

(a) Twelve dollars per patient day if the beds were	84784
originally licensed as residential facility beds by the department	84785
of mental retardation and developmental disabilities;	84786

(b) Six dollars and seventy-nine cents per patient day if the	84787
beds were originally licensed as nursing home beds by the	84788
department of health.	84789

(9) For facilities with dates of licensure after December 31,	84790
1982, but prior to January 1, 1984, not exceeding:	84791

(a) Twelve dollars per patient day if the beds were	84792
originally licensed as residential facility beds by the department	84793
of mental retardation and developmental disabilities;	84794

(b) Seven dollars and nine cents per patient day if the beds	84795
were originally licensed as nursing home beds by the department of	84796
health.	84797

(10) For facilities with dates of licensure after December	84798
31, 1983, but prior to January 1, 1985, not exceeding:	84799

(a) Twelve dollars and twenty-four cents per patient day if	84800
the beds were originally licensed as residential facility beds by	84801
the department of mental retardation and developmental	84802
disabilities;	84803

(b) Seven dollars and twenty-three cents per patient day if	84804
the beds were originally licensed as nursing home beds by the	84805
department of health.	84806

(11) For facilities with dates of licensure after December	84807
31, 1984, but prior to January 1, 1986, not exceeding:	84808

(a) Twelve dollars and fifty-three cents per patient day if	84809
the beds were originally licensed as residential facility beds by	84810
the department of mental retardation and developmental	84811
disabilities;	84812

(b) Seven dollars and forty cents per patient day if the beds	84813
were originally licensed as nursing home beds by the department of	84814
health.	84815

(12) For facilities with dates of licensure after December	84816
31, 1985, but prior to January 1, 1987, not exceeding:	84817

(a) Twelve dollars and seventy cents per patient day if the	84818
beds were originally licensed as residential facility beds by the	84819
department of mental retardation and developmental disabilities;	84820

(b) Seven dollars and fifty cents per patient day if the beds	84821
were originally licensed as nursing home beds by the department of	84822
health.	84823

(13) For facilities with dates of licensure after December	84824
31, 1986, but prior to January 1, 1988, not exceeding:	84825

(a) Twelve dollars and ninety-nine cents per patient day if	84826
the beds were originally licensed as residential facility beds by	84827
the department of mental retardation and developmental	84828
disabilities;	84829

(b) Seven dollars and sixty-seven cents per patient day if	84830
the beds were originally licensed as nursing home beds by the	84831
department of health.	84832

(14) For facilities with dates of licensure after December	84833
31, 1987, but prior to January 1, 1989, not exceeding thirteen	84834
dollars and twenty-six cents per patient day;	84835

(15) For facilities with dates of licensure after December	84836
31, 1988, but prior to January 1, 1990, not exceeding thirteen	84837
dollars and forty-six cents per patient day;	84838

(16) For facilities with dates of licensure after December	84839
31, 1989, but prior to January 1, 1991, not exceeding thirteen	84840
dollars and sixty cents per patient day;	84841

(17) For facilities with dates of licensure after December	84842
31, 1990, but prior to January 1, 1992, not exceeding thirteen	84843
dollars and forty-nine cents per patient day;	84844

(18) For facilities with dates of licensure after December	84845
31, 1991, but prior to January 1, 1993, not exceeding thirteen	84846
dollars and sixty-seven cents per patient day;	84847

(19) For facilities with dates of licensure after December	84848
31, 1992, not exceeding fourteen dollars and twenty-eight cents	84849
per patient day.	84850

(D) Beginning January 1, 1981, regardless of the original	84851
date of licensure, the department of job and family services shall	84852
pay a rate for the per diem capitalized costs of renovations to	84853
intermediate care facilities for the mentally retarded made after	84854
January 1, l981, not exceeding six dollars per patient day using	84855
1980 as the base year and adjusting the amount annually until June	84856
30, 1993, for fluctuations in construction costs calculated by the	84857
department using the "Dodge building cost indexes, northeastern	84858
and north central states," published by Marshall and Swift. The	84859
payment provided for in this division is the only payment that	84860
shall be made for the capitalized costs of a nonextensive	84861
renovation of an intermediate care facility for the mentally	84862
retarded. Nonextensive renovation costs shall not be included in	84863
cost of ownership, and a nonextensive renovation shall not affect	84864
the date of licensure for purposes of division (C) of this	84865
section. This division applies to nonextensive renovations	84866
regardless of whether they are made by an owner or a lessee. If	84867
the tenancy of a lessee that has made renovations ends before the	84868
depreciation expense for the renovation costs has been fully	84869
reported, the former lessee shall not report the undepreciated	84870
balance as an expense.	84871

For a nonextensive renovation to qualify for payment under	84872
this division, both of the following conditions must be met:	84873

(1) At least five years have elapsed since the date of	84874
licensure or date of an extensive renovation of the portion of the	84875
facility that is proposed to be renovated, except that this	84876
condition does not apply if the renovation is necessary to meet	84877
the requirements of federal, state, or local statutes, ordinances,	84878
rules, or policies.	84879

(2) The provider has obtained prior approval from the	84880
department of job and family services. The provider shall submit a	84881
plan that describes in detail the changes in capital assets to be	84882
accomplished by means of the renovation and the timetable for	84883
completing the project. The time for completion of the project	84884
shall be no more than eighteen months after the renovation begins.	84885
The director of job and family services shall adopt rules under	84886
section 5111.02 of the Revised Code that specify criteria and	84887
procedures for prior approval of renovation projects. No provider	84888
shall separate a project with the intent to evade the	84889
characterization of the project as a renovation or as an extensive	84890
renovation. No provider shall increase the scope of a project	84891
after it is approved by the department of job and family services	84892
unless the increase in scope is approved by the department.	84893

(E) The amounts specified in divisions (C) and (D) of this	84894
section shall be adjusted beginning July 1, 1993, for the	84895
estimated inflation for the twelve-month period beginning on the	84896
first day of July of the calendar year preceding the calendar year	84897
that precedes the fiscal year for which rate will be paid and	84898
ending on the thirtieth day of the following June, using the	84899
~~consumer price index for shelter costs for all urban consumers for~~	84900
~~the north central region, as published by the United States bureau~~	84901
~~of labor statistics~~inflation measuring system or inflation factor	84902
the director of job and family services shall specify in rules	84903
adopted under section 5111.02 of the Revised Code.	84904

(F)(1) For facilities of eight or fewer beds that have dates	84905
of licensure or have been granted project authorization by the	84906
department of mental retardation and developmental disabilities	84907
before July 1, 1993, and for facilities of eight or fewer beds	84908
that have dates of licensure or have been granted project	84909
authorization after that date if the providers of the facilities	84910
demonstrate that they made substantial commitments of funds on or	84911
before that date, cost of ownership shall not exceed ~~eighteen~~	84912
twenty-eight dollars ~~and thirty cents~~ per resident per day. The	84913
~~eighteen-dollar and thirty-cent~~twenty-eight-dollar amount shall	84914
be ~~increased by the change in the "Dodge building cost indexes,~~	84915
~~northeastern and north central states," published by Marshall and~~	84916
~~Swift, during the period beginning June 30, 1990, and ending~~	84917
~~July 1, 1993, and by the change in the consumer price index for~~	84918
~~shelter costs for all urban consumers for the north central~~	84919
~~region, as published by the United States bureau of labor~~	84920
~~statistics,~~adjusted beginning July 1, 2009, and annually	84921
thereafter using the inflation measuring system or inflation	84922
factor the director of job and family services shall specify in	84923
rules adopted under section 5111.02 of the Revised Code.	84924

(2) For facilities with eight or fewer beds that have dates	84925
of licensure or have been granted project authorization by the	84926
department of mental retardation and developmental disabilities on	84927
or after July 1, 1993, for which substantial commitments of funds	84928
were not made before that date, cost of ownership payments shall	84929
not exceed the applicable amount calculated under division (F)(1)	84930
of this section, if the department of job and family services	84931
gives prior approval for construction of the facility. If the	84932
department does not give prior approval, cost of ownership	84933
payments shall not exceed the amount specified in division (C) of	84934
this section.	84935

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	84936
section, the total payment for cost of ownership, cost of	84937
ownership efficiency incentive, and capitalized costs of	84938
renovations for an intermediate care facility for the mentally	84939
retarded with eight or fewer beds shall not exceed the sum of the	84940
limitations specified in divisions (C) and (D) of this section.	84941

(G) Notwithstanding any provision of this section or section	84942
5111.241 of the Revised Code, the director of job and family	84943
services may adopt rules under section 5111.02 of the Revised Code	84944
that provide for a calculation of a combined maximum payment limit	84945
for indirect care costs and cost of ownership for intermediate	84946
care facilities for the mentally retarded with eight or fewer	84947
beds.	84948

(H) After the date on which a transaction of sale is closed,	84949
the provider shall refund to the department the amount of excess	84950
depreciation paid to the provider for the facility by the	84951
department for each year the provider has operated the facility	84952
under a provider agreement and prorated according to the number of	84953
medicaid patient days for which the provider has received payment	84954
for the facility. For the purposes of this division,	84955
"depreciation paid to the provider for the facility" means the	84956
amount paid to the provider for the intermediate care facility for	84957
the mentally retarded for cost of ownership pursuant to this	84958
section less any amount paid for interest costs. For the purposes	84959
of this division, "excess depreciation" is the intermediate care	84960
facility for the mentally retarded's depreciated basis, which is	84961
the provider's cost less accumulated depreciation, subtracted from	84962
the purchase price but not exceeding the amount of depreciation	84963
paid to the provider for the facility.	84964

(I) The department of job and family services shall pay a	84965
provider for each of the provider's eligible proprietary	84966
intermediate care facilities for the mentally retarded a return on	84967
the facility's net equity computed at the rate of one and one-half	84968
times the average of interest rates on special issues of public	84969
debt obligations issued to the federal hospital insurance trust	84970
fund for the cost reporting period. No facility's return on net	84971
equity paid under this division shall exceed one dollar per	84972
patient day.	84973

In calculating the rate for return on net equity, the	84974
department shall use the greater of the facility's inpatient days	84975
during the applicable cost reporting period or the number of	84976
inpatient days the facility would have had during that period if	84977
its occupancy rate had been ninety-five per cent.	84978

(J)(1) Except as provided in division (J)(2) of this section,	84979
if a provider leases or transfers an interest in a facility to	84980
another provider who is a related party, the related party's	84981
allowable cost of ownership shall include the lesser of the	84982
following:	84983

(a) The annual lease expense or actual cost of ownership,	84984
whichever is applicable;	84985

(b) The reasonable cost to the lessor or provider making the	84986
transfer.	84987

(2) If a provider leases or transfers an interest in a	84988
facility to another provider who is a related party, regardless of	84989
the date of the lease or transfer, the related party's allowable	84990
cost of ownership shall include the annual lease expense or actual	84991
cost of ownership, whichever is applicable, subject to the	84992
limitations specified in divisions (B) to (I) of this section, if	84993
all of the following conditions are met:	84994

(a) The related party is a relative of owner;

84995

(b) In the case of a lease, if the lessor retains any	84996
ownership interest, it is, except as provided in division	84997
(J)(2)(d)(ii) of this section, in only the real property and any	84998
improvements on the real property;	84999

(c) In the case of a transfer, the provider making the	85000
transfer retains, except as provided in division (J)(2)(d)(iv) of	85001
this section, no ownership interest in the facility;	85002

(d) The department of job and family services determines that	85003
the lease or transfer is an arm's length transaction pursuant to	85004
rules adopted under section 5111.02 of the Revised Code. The rules	85005
shall provide that a lease or transfer is an arm's length	85006
transaction if all of the following, as applicable, apply:	85007

(i) In the case of a lease, once the lease goes into effect,	85008
the lessor has no direct or indirect interest in the lessee or,	85009
except as provided in division (J)(2)(b) of this section, the	85010
facility itself, including interest as an owner, officer,	85011
director, employee, independent contractor, or consultant, but	85012
excluding interest as a lessor.	85013

(ii) In the case of a lease, the lessor does not reacquire an	85014
interest in the facility except through the exercise of a lessor's	85015
rights in the event of a default. If the lessor reacquires an	85016
interest in the facility in this manner, the department shall	85017
treat the facility as if the lease never occurred when the	85018
department calculates its reimbursement rates for capital costs.	85019

(iii) In the case of a transfer, once the transfer goes into	85020
effect, the provider that made the transfer has no direct or	85021
indirect interest in the provider that acquires the facility or	85022
the facility itself, including interest as an owner, officer,	85023
director, employee, independent contractor, or consultant, but	85024
excluding interest as a creditor.	85025

(iv) In the case of a transfer, the provider that made the	85026
transfer does not reacquire an interest in the facility except	85027
through the exercise of a creditor's rights in the event of a	85028
default. If the provider reacquires an interest in the facility in	85029
this manner, the department shall treat the facility as if the	85030
transfer never occurred when the department calculates its	85031
reimbursement rates for capital costs.	85032

(v) The lease or transfer satisfies any other criteria	85033
specified in the rules.	85034

(e) Except in the case of hardship caused by a catastrophic	85035
event, as determined by the department, or in the case of a lessor	85036
or provider making the transfer who is at least sixty-five years	85037
of age, not less than twenty years have elapsed since, for the	85038
same facility, allowable cost of ownership was determined most	85039
recently under this division.	85040

Sec. 5111.261. Except as otherwise provided in section	85041
5111.264 of the Revised Code, the department of job and family	85042
services, in determining whether an intermediate care facility for	85043
the mentally retarded's direct care costs and indirect care costs	85044
are allowable, shall place no limit on specific categories of	85045
reasonable costs other than compensation of owners, compensation	85046
of relatives of owners, and compensation of administrators ~~and~~	85047
~~costs for resident meals that are prepared and consumed outside~~	85048
~~the facility~~.	85049

Compensation cost limits for owners and relatives of owners	85050
shall be based on compensation costs for individuals who hold	85051
comparable positions but who are not owners or relatives of	85052
owners, as reported on facility cost reports. As used in this	85053
section, "comparable position" means the position that is held by	85054
the owner or the owner's relative, if that position is listed	85055
separately on the cost report form, or if the position is not	85056
listed separately, the group of positions that is listed on the	85057
cost report form and that includes the position held by the owner	85058
or the owner's relative. In the case of an owner or owner's	85059
relative who serves the facility in a capacity such as corporate	85060
officer, proprietor, or partner for which no comparable position	85061
or group of positions is listed on the cost report form, the	85062
compensation cost limit shall be based on civil service	85063
equivalents and shall be specified in rules adopted under section	85064
5111.02 of the Revised Code.	85065

Compensation cost limits for administrators shall be based on	85066
compensation costs for administrators who are not owners or	85067
relatives of owners, as reported on facility cost reports.	85068
Compensation cost limits for administrators of four or more	85069
intermediate care facilities for the mentally retarded shall be	85070
the same as the limits for administrators of intermediate care	85071
facilities for the mentally retarded with one hundred fifty or	85072
more beds.	85073

Sec. 5111.65. As used in sections 5111.65 to ~~5111.688~~	85074
5111.689 of the Revised Code:	85075

(A) "Change of operator" means an entering operator becoming	85076
the operator of a nursing facility or intermediate care facility	85077
for the mentally retarded in the place of the exiting operator.	85078

(1) Actions that constitute a change of operator include the	85079
following:	85080

(a) A change in an exiting operator's form of legal	85081
organization, including the formation of a partnership or	85082
corporation from a sole proprietorship;	85083

(b) A transfer of all the exiting operator's ownership	85084
interest in the operation of the facility to the entering	85085
operator, regardless of whether ownership of any or all of the	85086
real property or personal property associated with the facility is	85087
also transferred;	85088

(c) A lease of the facility to the entering operator or the	85089
exiting operator's termination of the exiting operator's lease;	85090

(d) If the exiting operator is a partnership, dissolution of	85091
the partnership;	85092

(e) If the exiting operator is a partnership, a change in	85093
composition of the partnership unless both of the following apply:	85094

(i) The change in composition does not cause the	85095
partnership's dissolution under state law.	85096

(ii) The partners agree that the change in composition does	85097
not constitute a change in operator.	85098

(f) If the operator is a corporation, dissolution of the	85099
corporation, a merger of the corporation into another corporation	85100
that is the survivor of the merger, or a consolidation of one or	85101
more other corporations to form a new corporation.	85102

(2) The following, alone, do not constitute a change of	85103
operator:	85104

(a) A contract for an entity to manage a nursing facility or	85105
intermediate care facility for the mentally retarded as the	85106
operator's agent, subject to the operator's approval of daily	85107
operating and management decisions;	85108

(b) A change of ownership, lease, or termination of a lease	85109
of real property or personal property associated with a nursing	85110
facility or intermediate care facility for the mentally retarded	85111
if an entering operator does not become the operator in place of	85112
an exiting operator;	85113

(c) If the operator is a corporation, a change of one or more	85114
members of the corporation's governing body or transfer of	85115
ownership of one or more shares of the corporation's stock, if the	85116
same corporation continues to be the operator.	85117

(B) "Effective date of a change of operator" means the day	85118
the entering operator becomes the operator of the nursing facility	85119
or intermediate care facility for the mentally retarded.	85120

(C) "Effective date of a facility closure" means the last day	85121
that the last of the residents of the nursing facility or	85122
intermediate care facility for the mentally retarded resides in	85123
the facility.	85124

(D) "Effective date of a voluntary termination" means the day	85125
the intermediate care facility for the mentally retarded ceases to	85126
accept medicaid patients.	85127

(E) "Effective date of a voluntary withdrawal of	85128
participation" means the day the nursing facility ceases to accept	85129
new medicaid patients other than the individuals who reside in the	85130
nursing facility on the day before the effective date of the	85131
voluntary withdrawal of participation.	85132

(F) "Entering operator" means the person or government entity	85133
that will become the operator of a nursing facility or	85134
intermediate care facility for the mentally retarded when a change	85135
of operator occurs.	85136

(G) "Exiting operator" means any of the following:

85137

(1) An operator that will cease to be the operator of a	85138
nursing facility or intermediate care facility for the mentally	85139
retarded on the effective date of a change of operator;	85140

(2) An operator that will cease to be the operator of a	85141
nursing facility or intermediate care facility for the mentally	85142
retarded on the effective date of a facility closure;	85143

(3) An operator of an intermediate care facility for the	85144
mentally retarded that is undergoing or has undergone a voluntary	85145
termination;	85146

(4) An operator of a nursing facility that is undergoing or	85147
has undergone a voluntary withdrawal of participation.	85148

(H)(1) "Facility closure" means discontinuance of the use of	85149
the building, or part of the building, that houses the facility as	85150
a nursing facility or intermediate care facility for the mentally	85151
retarded that results in the relocation of all of the facility's	85152
residents. A facility closure occurs regardless of any of the	85153
following:	85154

(a) The operator completely or partially replacing the	85155
facility by constructing a new facility or transferring the	85156
facility's license to another facility;	85157

(b) The facility's residents relocating to another of the	85158
operator's facilities;	85159

(c) Any action the department of health takes regarding the	85160
facility's certification under Title XIX of the "Social Security	85161
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	85162
result in the transfer of part of the facility's survey findings	85163
to another of the operator's facilities;	85164

(d) Any action the department of health takes regarding the	85165
facility's license under Chapter 3721. of the Revised Code;	85166

(e) Any action the department of mental retardation and	85167
developmental disabilities takes regarding the facility's license	85168
under section 5123.19 of the Revised Code.	85169

(2) A facility closure does not occur if all of the	85170
facility's residents are relocated due to an emergency evacuation	85171
and one or more of the residents return to a medicaid-certified	85172
bed in the facility not later than thirty days after the	85173
evacuation occurs.	85174

(I) "Fiscal year," "intermediate care facility for the	85175
mentally retarded," "nursing facility," "operator," "owner," and	85176
"provider agreement" have the same meanings as in section 5111.20	85177
of the Revised Code.	85178

(J) "Voluntary termination" means an operator's voluntary	85179
election to terminate the participation of an intermediate care	85180
facility for the mentally retarded in the medicaid program but to	85181
continue to provide service of the type provided by a residential	85182
facility as defined in section 5123.19 of the Revised Code.	85183

(K) "Voluntary withdrawal of participation" means an	85184
operator's voluntary election to terminate the participation of a	85185
nursing facility in the medicaid program but to continue to	85186
provide service of the type provided by a nursing facility.	85187

Sec. 5111.651. Sections 5111.65 to ~~5111.688~~5111.689 of the	85188
Revised Code do not apply to a nursing facility or intermediate	85189
care facility for the mentally retarded that undergoes a facility	85190
closure, voluntary termination, voluntary withdrawal of	85191
participation, or change of operator on or before September 30,	85192
2005, if the exiting operator provided written notice of the	85193
facility closure, voluntary termination, voluntary withdrawal of	85194
participation, or change of operator to the department of job and	85195
family services on or before June 30, 2005.	85196

Sec. 5111.688. (A) All amounts withheld under section	85197
5111.681 of the Revised Code from payment due an exiting operator	85198
under the medicaid program shall be deposited into the medicaid	85199
payment withholding fund created by the controlling board pursuant	85200
to section 131.35 of the Revised Code. Money in the fund shall be	85201
used as follows:	85202

(1) To pay an exiting operator when a withholding is released	85203
to the exiting operator under section 5111.686 or 5111.687 of the	85204
Revised Code;	85205

(2) To pay the department of job and family services and	85206
United States centers for medicare and medicaid services the	85207
amount an exiting operator owes the department and United States	85208
centers under the medicaid program.	85209

(B) Amounts paid from the medicaid payment withholding fund	85210
pursuant to division (A)(2) of this section shall be deposited	85211
into the appropriate department fund.	85212

~~Sec. 5111.688.~~ Sec. 5111.689. The director of job and family	85213
services may adopt rules under section 5111.02 of the Revised Code	85214
to implement sections 5111.65 to ~~5111.688~~5111.689 of the Revised	85215
Code, including rules applicable to an exiting operator that	85216
provides written notification under section 5111.66 of the Revised	85217
Code of a voluntary withdrawal of participation. Rules adopted	85218
under this section shall comply with section 1919(c)(2)(F) of the	85219
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	85220
1396r(c)(2)(F), regarding restrictions on transfers or discharges	85221
of nursing facility residents in the case of a voluntary	85222
withdrawal of participation. The rules may prescribe a medicaid	85223
reimbursement methodology and other procedures that are applicable	85224
after the effective date of a voluntary withdrawal of	85225
participation that differ from the reimbursement methodology and	85226
other procedures that would otherwise apply.	85227

Sec. 5111.705. No individual shall be denied eligibility for	85228
the medicaid buy-in for workers with disabilities program on the	85229
basis that the individual receives services under a home and	85230
community-based services medicaid waiver component as defined in	85231
section ~~5111.851~~5111.85 of the Revised Code.	85232

Sec. 5111.85. (A) As used in this section and sections	85233
5111.851 to 5111.856 of the Revised Code~~, "medicaid~~:	85234

"Home and community-based services medicaid waiver component"	85235
means a medicaid waiver component under which home and	85236
community-based services are provided as an alternative to	85237
hospital, nursing facility, or intermediate care facility for the	85238
mentally retarded services.	85239

"Hospital" has the same meaning as in section 3727.01 of the	85240
Revised Code.	85241

"Intermediate care facility for the mentally retarded" has	85242
the same meaning as in section 5111.20 of the Revised Code.	85243

"Medicaid waiver component" means a component of the medicaid	85244
program authorized by a waiver granted by the United States	85245
department of health and human services under section 1115 or 1915	85246
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	85247
1315 or 1396n. "Medicaid waiver component" does not include a	85248
care management system established under section 5111.16 of the	85249
Revised Code.	85250

"Nursing facility" has the same meaning as in section 5111.20	85251
of the Revised Code.	85252

(B) The director of job and family services may adopt rules	85253
under Chapter 119. of the Revised Code governing medicaid waiver	85254
components that establish all of the following:	85255

(1) Eligibility requirements for the medicaid waiver	85256
components;	85257

(2) The type, amount, duration, and scope of services the	85258
medicaid waiver components provide;	85259

(3) The conditions under which the medicaid waiver components	85260
cover services;	85261

(4) The amount the medicaid waiver components pay for	85262
services or the method by which the amount is determined;	85263

(5) The manner in which the medicaid waiver components pay	85264
for services;	85265

(6) Safeguards for the health and welfare of medicaid	85266
recipients receiving services under a medicaid waiver component;	85267

(7) Procedures for both of the following:

85268

(a) Identifying individuals who meet all of the following	85269
requirements:	85270

(i) Are eligible for a home and community-based services	85271
medicaid waiver component and on a waiting list for the component;	85272

(ii) Are receiving inpatient hospital services or residing in	85273
an intermediate care facility for the mentally retarded or	85274
nursing facility (as appropriate for the component);	85275

(iii) Choose to be enrolled in the component.

85276

(b) Approving the enrollment of individuals identified under	85277
the procedures established under division (B)(7)(a) of this	85278
section into the home and community-based services medicaid waiver	85279
component.	85280

(8) Procedures for enforcing the rules, including	85281
establishing corrective action plans for, and imposing financial	85282
and administrative sanctions on, persons and government entities	85283
that violate the rules. Sanctions shall include terminating	85284
medicaid provider agreements. The procedures shall include due	85285
process protections.	85286

~~(8)~~(9) Other policies necessary for the efficient	85287
administration of the medicaid waiver components.	85288

(C) The director of job and family services may adopt	85289
different rules for the different medicaid waiver components. The	85290
rules shall be consistent with the terms of the waiver authorizing	85291
the medicaid waiver component.	85292

(D) Any procedures established under division (B)(7) of this	85293
section for the PASSPORT program shall be consistent with section	85294
173.401 of the Revised Code. Any procedures established under	85295
division (B)(7) of this section for the assisted living program	85296
shall be consistent with section 5111.894 of the Revised Code.	85297

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	85298
of the Revised Code:	85299

"Administrative agency" means, with respect to a home and	85300
community-based services medicaid waiver component, the department	85301
of job and family services or, if a state agency or political	85302
subdivision contracts with the department under section 5111.91 of	85303
the Revised Code to administer the component, that state agency or	85304
political subdivision.	85305

~~"Home and community-based services medicaid waiver component"~~	85306
~~means a medicaid waiver component under which home and~~	85307
~~community-based services are provided as an alternative to~~	85308
~~hospital, nursing facility, or intermediate care facility for the~~	85309
~~mentally retarded services.~~	85310

~~"Hospital" has the same meaning as in section 3727.01 of the~~	85311
~~Revised Code.~~	85312

~~"Intermediate care facility for the mentally retarded" has~~	85313
~~the same meaning as in section 5111.20 of the Revised Code.~~	85314

"Level of care determination" means a determination of	85315
whether an individual needs the level of care provided by a	85316
hospital, nursing facility, or intermediate care facility for the	85317
mentally retarded and whether the individual, if determined to	85318
need that level of care, would receive hospital, nursing facility,	85319
or intermediate care facility for the mentally retarded services	85320
if not for a home and community-based services medicaid waiver	85321
component.	85322

"Medicaid buy-in for workers with disabilities program" means	85323
the component of the medicaid program established under sections	85324
5111.70 to 5111.7011 of the Revised Code.	85325

~~"Nursing facility" has the same meaning as in section 5111.20~~	85326
~~of the Revised Code.~~	85327

"Skilled nursing facility" means a facility certified as a	85328
skilled nursing facility under Title XVIII of the "Social Security	85329
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	85330

(B) The following requirements apply to each home and	85331
community-based services medicaid waiver component:	85332

(1) Only an individual who qualifies for a component shall	85333
receive that component's services.	85334

(2) A level of care determination shall be made as part of	85335
the process of determining whether an individual qualifies for a	85336
component and shall be made each year after the initial	85337
determination if, during such a subsequent year, the	85338
administrative agency determines there is a reasonable indication	85339
that the individual's needs have changed.	85340

(3) A written plan of care or individual service plan based	85341
on an individual assessment of the services that an individual	85342
needs to avoid needing admission to a hospital, nursing facility,	85343
or intermediate care facility for the mentally retarded shall be	85344
created for each individual determined eligible for a component.	85345

(4) Each individual determined eligible for a component shall	85346
receive that component's services in accordance with the	85347
individual's level of care determination and written plan of care	85348
or individual service plan.	85349

(5) No individual may receive services under a component	85350
while the individual is a hospital inpatient or resident of a	85351
skilled nursing facility, nursing facility, or intermediate care	85352
facility for the mentally retarded.	85353

(6) No individual may receive prevocational, educational, or	85354
supported employment services under a component if the individual	85355
is eligible for such services that are funded with federal funds	85356
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	85357
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	85358

(7) Safeguards shall be taken to protect the health and	85359
welfare of individuals receiving services under a component,	85360
including safeguards established in rules adopted under section	85361
5111.85 of the Revised Code and safeguards established by	85362
licensing and certification requirements that are applicable to	85363
the providers of that component's services.	85364

(8) No services may be provided under a component by a	85365
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	85366
requires be established if the provider fails to comply with the	85367
standards applicable to the provider.	85368

(9) Individuals determined to be eligible for a component, or	85369
such individuals' representatives, shall be informed of that	85370
component's services, including any choices that the individual or	85371
representative may make regarding the component's services, and	85372
given the choice of either receiving services under that component	85373
or, as appropriate, hospital, nursing facility, or intermediate	85374
care facility for the mentally retarded services.	85375

(10) No individual shall lose eligibility for services under	85376
a component, or have the services reduced or otherwise disrupted,	85377
on the basis that the individual also receives services under the	85378
medicaid buy-in for workers with disabilities program.	85379

(11) No individual shall lose eligibility for services under	85380
a component, or have the services reduced or otherwise disrupted,	85381
on the basis that the individual's income or resources increase to	85382
an amount above the eligibility limit for the component if the	85383
individual is participating in the medicaid buy-in for workers	85384
with disabilities program and the amount of the individual's	85385
income or resources does not exceed the eligibility limit for the	85386
medicaid buy-in for workers with disabilities program.	85387

(12) No individual receiving services under a component shall	85388
be required to pay any cost sharing expenses for the services for	85389
any period during which the individual also participates in the	85390
medicaid buy-in for workers with disabilities program.	85391

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	85392
of the Revised Code:	85393

"Home and community-based services" has the same meaning as	85394
in section 5123.01 of the Revised Code.	85395

"ICF/MR services" means intermediate care facility for the	85396
mentally retarded services covered by the medicaid program that an	85397
intermediate care facility for the mentally retarded provides to a	85398
resident of the facility who is a medicaid recipient eligible for	85399
medicaid-covered intermediate care facility for the mentally	85400
retarded services.	85401

"Intermediate care facility for the mentally retarded" means	85402
an intermediate care facility for the mentally retarded that is	85403
certified as in compliance with applicable standards for the	85404
medicaid program by the director of health in accordance with	85405
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	85406
U.S.C. 1396, as amended, and licensed as a residential facility	85407
under section 5123.19 of the Revised Code.	85408

"Residential facility" has the same meaning as in section	85409
5123.19 of the Revised Code.	85410

(B) For the purpose of increasing the number of slots	85411
available for home and community-based services and subject to	85412
sections 5111.877 and 5111.878 of the Revised Code, the operator	85413
of an intermediate care facility for the mentally retarded may	85414
convert all of the beds in the facility from providing ICF/MR	85415
services to providing home and community-based services if all	85416
of the following requirements are met:	85417

(1) The operator provides the directors of health, job and	85418
family services, and mental retardation and developmental	85419
disabilities at least ninety days' notice of the operator's intent	85420
to relinquish the facility's certification as an intermediate care	85421
facility for the mentally retarded and to begin providing home and	85422
community-based services.	85423

(2) The operator complies with the requirements of sections	85424
5111.65 to ~~5111.688~~5111.689 of the Revised Code regarding a	85425
voluntary termination as defined in section 5111.65 of the	85426
Revised Code if those requirements are applicable.	85427

(3) The operator notifies each of the facility's residents	85428
that the facility is to cease providing ICF/MR services and inform	85429
each resident that the resident may do either of the following:	85430

(a) Continue to receive ICF/MR services by transferring to	85431
another facility that is an intermediate care facility for the	85432
mentally retarded willing and able to accept the resident if the	85433
resident continues to qualify for ICF/MR services;	85434

(b) Begin to receive home and community-based services	85435
instead of ICF/MR services from any provider of home and	85436
community-based services that is willing and able to provide the	85437
services to the resident if the resident is eligible for the	85438
services and a slot for the services is available to the resident.	85439

(4) The operator meets the requirements for providing home	85440
and community-based services, including the following:	85441

(a) Such requirements applicable to a residential facility if	85442
the operator maintains the facility's license as a residential	85443
facility;	85444

(b) Such requirements applicable to a facility that is not	85445
licensed as a residential facility if the operator surrenders the	85446
facility's residential facility license under section 5123.19 of	85447
the Revised Code.	85448

(5) The director of mental retardation and developmental	85449
disabilities approves the conversion.	85450

(C) The notice to the director of mental retardation and	85451
developmental disabilities under division (B)(1) of this section	85452
shall specify whether the operator wishes to surrender the	85453
facility's license as a residential facility under section 5123.19	85454
of the Revised Code.	85455

(D) If the director of mental retardation and developmental	85456
disabilities approves a conversion under division (B) of this	85457
section, the director of health shall terminate the certification	85458
of the intermediate care facility for the mentally retarded to be	85459
converted. The director of health shall notify the director of	85460
job and family services of the termination. On receipt of the	85461
director of health's notice, the director of job and family	85462
services shall terminate the operator's medicaid provider	85463
agreement that authorizes the operator to provide ICF/MR services	85464
at the facility. The operator is not entitled to notice or a	85465
hearing under Chapter 119. of the Revised Code before the	85466
director of job and family services terminates the medicaid	85467
provider agreement.	85468

Sec. 5111.875. (A) For the purpose of increasing the number	85469
of slots available for home and community-based services and	85470
subject to sections 5111.877 and 5111.878 of the Revised Code, a	85471
person who acquires, through a request for proposals issued by	85472
the director of mental retardation and developmental	85473
disabilities, a residential facility that is an intermediate care	85474
facility for the mentally retarded and for which the license as a	85475
residential facility was previously surrendered or revoked may	85476
convert some or all of the facility's beds from providing ICF/MR	85477
services to providing home and community-based services if all	85478
of the following requirements are met:	85479

(1) The person provides the directors of health, job and	85480
family services, and mental retardation and developmental	85481
disabilities at least ninety days' notice of the person's intent	85482
to make the conversion.	85483

(2) The person complies with the requirements of sections	85484
5111.65 to ~~5111.688~~5111.689 of the Revised Code regarding a	85485
voluntary termination as defined in section 5111.65 of the	85486
Revised Code if those requirements are applicable.	85487

(3) If the person intends to convert all of the facility's	85488
beds, the person notifies each of the facility's residents that	85489
the facility is to cease providing ICF/MR services and informs	85490
each resident that the resident may do either of the following:	85491

(a) Continue to receive ICF/MR services by transferring to	85492
another facility that is an intermediate care facility for the	85493
mentally retarded willing and able to accept the resident if the	85494
resident continues to qualify for ICF/MR services;	85495

(b) Begin to receive home and community-based services	85496
instead of ICF/MR services from any provider of home and	85497
community-based services that is willing and able to provide the	85498
services to the resident if the resident is eligible for the	85499
services and a slot for the services is available to the resident.	85500

(4) If the person intends to convert some but not all of the	85501
facility's beds, the person notifies each of the facility's	85502
residents that the facility is to convert some of its beds from	85503
providing ICF/MR services to providing home and community-based	85504
services and inform each resident that the resident may do either	85505
of the following:	85506

(a) Continue to receive ICF/MR services from any provider of	85507
ICF/MR services that is willing and able to provide the services	85508
to the resident if the resident continues to qualify for ICF/MR	85509
services;	85510

(b) Begin to receive home and community-based services	85511
instead of ICF/MR services from any provider of home and	85512
community-based services that is willing and able to provide the	85513
services to the resident if the resident is eligible for the	85514
services and a slot for the services is available to the resident.	85515

(5) The person meets the requirements for providing home and	85516
community-based services at a residential facility.	85517

(B) The notice provided to the directors under division	85518
(A)(1) of this section shall specify whether some or all of the	85519
facility's beds are to be converted. If some but not all of the	85520
beds are to be converted, the notice shall specify how many of	85521
the facility's beds are to be converted and how many of the beds	85522
are to continue to provide ICF/MR services.	85523

(C) On receipt of a notice under division (A)(1) of this	85524
section, the director of health shall do the following:	85525

(1) Terminate the certification of the intermediate care	85526
facility for the mentally retarded if the notice specifies that	85527
all of the facility's beds are to be converted;	85528

(2) Reduce the facility's certified capacity by the number of	85529
beds being converted if the notice specifies that some but not all	85530
of the beds are to be converted.	85531

(D) The director of health shall notify the director of job	85532
and family services of the termination or reduction under division	85533
(C) of this section. On receipt of the director of health's	85534
notice, the director of job and family services shall do the	85535
following:	85536

(1) Terminate the person's medicaid provider agreement that	85537
authorizes the person to provide ICF/MR services at the facility	85538
if the facility's certification was terminated;	85539

(2) Amend the person's medicaid provider agreement to reflect	85540
the facility's reduced certified capacity if the facility's	85541
certified capacity is reduced.	85542

The person is not entitled to notice or a hearing under	85543
Chapter 119. of the Revised Code before the director of job and	85544
family services terminates or amends the medicaid provider	85545
agreement.	85546

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	85547
of the Revised Code:	85548

(1) "Adult" means an individual at least eighteen years of	85549
age.	85550

(2) "Authorized representative" means the following:

85551

(a) In the case of a consumer who is a minor, the consumer's	85552
parent, custodian, or guardian;	85553

(b) In the case of a consumer who is an adult, an individual	85554
selected by the consumer pursuant to section 5111.8810 of the	85555
Revised Code to act on the consumer's behalf for purposes	85556
regarding home care attendant services.	85557

(3) "Authorizing health care professional" means a health	85558
care professional who, pursuant to section 5111.887 of the Revised	85559
Code, authorizes a home care attendant to assist a consumer with	85560
self-administration of medication, nursing tasks, or both.	85561

(4) "Consumer" means an individual to whom all of the	85562
following apply:	85563

(a) The individual is enrolled in a participating medicaid	85564
waiver component.	85565

(b) The individual has a medically determinable physical	85566
impairment to which both of the following apply:	85567

(i) It is expected to last for a continuous period of not	85568
less than twelve months.	85569

(ii) It causes the individual to require assistance with	85570
activities of daily living, self-care, and mobility, including	85571
either assistance with self-administration of medication or the	85572
performance of nursing tasks, or both.	85573

(c) In the case of an individual who is an adult, the	85574
individual is mentally alert and is, or has an authorized	85575
representative who is, capable of selecting, directing the	85576
actions of, and dismissing a home care attendant.	85577

(d) In the case of an individual who is a minor, the	85578
individual has an authorized representative who is capable of	85579
selecting, directing the actions of, and dismissing a home care	85580
attendant.	85581

(5) "Controlled substance" has the same meaning as in section	85582
3719.01 of the Revised Code.	85583

(6) "Custodian" has the same meaning as in section 2151.011	85584
of the Revised Code.	85585

(7) "Gastrostomy tube" means a percutaneously inserted	85586
catheter that terminates in the stomach.	85587

(8) "Guardian" has the same meaning as in section 2111.01 of	85588
the Revised Code.	85589

(9) "Health care professional" means a physician or	85590
registered nurse.	85591

(10) "Home care attendant" means an individual holding a	85592
valid medicaid provider agreement in accordance with section	85593
5111.881 of the Revised Code that authorizes the individual to	85594
provide home care attendant services to consumers.	85595

(11) "Home care attendant services" means all of the	85596
following as provided by a home care attendant:	85597

(a) Personal care aide services;

85598

(b) Assistance with the self-administration of medication;

85599

85600

(12) "Jejunostomy tube" means a percutaneously inserted	85601
catheter that terminates in the jejunum.	85602

(13) "Medicaid waiver component" has the same meaning as in	85603
section 5111.85 of the Revised Code.	85604

(14) "Medication" means a drug as defined in section 4729.01	85605
of the Revised Code.	85606

(15) "Minor" means an individual under eighteen years of age.

85607

(16) "Participating medicaid waiver component" means both of	85608
the following:	85609

(a) The medicaid waiver component known as Ohio home care	85610
that the department of job and family services administers;	85611

(b) The medicaid waiver component known as Ohio transitions	85612
II aging carve-out that the department of job and family services	85613
administers.	85614

(17) "Physician" means an individual authorized under Chapter	85615
4731. of the Revised Code to practice medicine and surgery or	85616
osteopathic medicine and surgery.	85617

(18) "Practice of nursing as a registered nurse," "practice	85618
of nursing as a licensed practical nurse," and "registered nurse"	85619
have the same meanings as in section 4723.01 of the Revised Code.	85620
"Registered nurse" includes an advanced practice nurse, as defined	85621
in section 4723.01 of the Revised Code.	85622

(19) "Schedule II," "schedule III," "schedule IV," and	85623
"schedule V" have the same meanings as in section 3719.01 of the	85624
Revised Code.	85625

(B) The director of job and family services may submit	85626
requests to the United States secretary of health and human	85627
services to amend the federal medicaid waivers authorizing the	85628
participating medicaid waiver components to have those components	85629
cover home care attendant services in accordance with sections	85630
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	85631
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	85632
of the Revised Code, those sections shall be implemented regarding	85633
a participating medicaid waiver component only if the secretary	85634
approves a waiver amendment for the component.	85635

Sec. 5111.881. The director of job and family services shall	85636
enter into a medicaid provider agreement with an individual to	85637
authorize the individual to provide home care attendant services	85638
to consumers if the individual does both of the following:	85639

(A) Agrees to comply with the requirements of sections	85640
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	85641
the Revised Code;	85642

(B) Provides the director evidence satisfactory to the	85643
director of all of the following:	85644

(1) That the individual either meets the personnel	85645
qualifications specified in 42 C.F.R. 484.4 for home health aides	85646
or has successfully completed at least one of the following:	85647

(a) A competency evaluation program or training and	85648
competency evaluation program approved or conducted by the	85649
director of health under section 3721.31 of the Revised Code;	85650

(b) A training program approved by the department of job and	85651
family services that includes training in at least all of the	85652
following and provides training equivalent to a training and	85653
competency evaluation program specified in division (B)(1)(a) of	85654
this section or meets the requirements of 42 C.F.R. 484.36(a):	85655

(i) Basic home safety;

85656

(ii) Universal precautions for the prevention of disease	85657
transmission, including hand-washing and proper disposal of bodily	85658
waste and medical instruments that are sharp or may produce sharp	85659
pieces if broken;	85660

(iii) Personal care aide services;

85661

(iv) The labeling, counting, and storage requirements for	85662
schedule II, III, IV, and V medications.	85663

(2) That the individual has obtained a certificate of	85664
completion of a course in first aid from a first aid course to	85665
which all of the following apply:	85666

(a) It is not provided solely through the internet.

85667

(b) It includes hands-on training provided by a first aid	85668
instructor who is qualified to provide such training according to	85669
standards set in rules adopted under section 5111.8811 of the	85670
Revised Code.	85671

(c) It requires the individual to demonstrate successfully	85672
that the individual has learned the first aid taught in the	85673
course.	85674

(3) That the individual meets any other requirements for the	85675
medicaid provider agreement specified in rules adopted under	85676
section 5111.8811 of the Revised Code.	85677

Sec. 5111.882. A home care attendant shall complete not less	85678
than twelve hours of in-service continuing education regarding	85679
home care attendant services each year and provide the director	85680
of job and family services evidence satisfactory to the director	85681
that the attendant satisfied this requirement. The evidence shall	85682
be submitted to the director not later than the annual anniversary	85683
of the issuance of the home care attendant's initial medicaid	85684
provider agreement.	85685

Sec. 5111.883. A home care attendant shall do all of the	85686
following:	85687

(A) Maintain a clinical record for each consumer to whom the	85688
attendant provides home care attendant services in a manner that	85689
protects the consumer's privacy;	85690

(B) Participate in a face-to-face visit every ninety days	85691
with all of the following to monitor the health and welfare of	85692
each of the consumers to whom the attendant provides home care	85693
attendant services:	85694

(1) The consumer;

85695

(2) The consumer's authorized representative, if any;

85696

(3) A registered nurse who agrees to answer any questions	85697
that the attendant, consumer, or authorized representative has	85698
about consumer care needs, medications, and other issues.	85699

(C) Document the activities of each visit required by	85700
division (B) of this section in the consumer's clinical record	85701
with the assistance of the registered nurse.	85702

Sec. 5111.884. (A) A home care attendant may assist a	85703
consumer with nursing tasks or self-administration of medication	85704
only after the attendant does both of the following:	85705

(1) Subject to division (B) of this section, completes	85706
consumer-specific training in how to provide the assistance that	85707
the authorizing health care professional authorizes the attendant	85708
to provide to the consumer;	85709

(2) At the request of the consumer, consumer's authorized	85710
representative, or authorizing health care professional,	85711
successfully demonstrates that the attendant has learned how to	85712
provide the authorized assistance to the consumer.	85713

(B) The training required by division (A)(1) of this section	85714
shall be provided by either of the following:	85715

(1) The authorizing health care professional;

85716

(2) The consumer or consumer's authorized representative in	85717
cooperation with the authorizing health care professional.	85718

Sec. 5111.885. A home care attendant shall comply with both	85719
of the following when assisting a consumer with nursing tasks or	85720
self-administration of medication:	85721

(A) The written consent of the consumer or consumer's	85722
authorized representative provided to the director of job and	85723
family services under section 5111.886 of the Revised Code;	85724

(B) The authorizing health care professional's written	85725
authorization provided to the director under section 5111.887 of	85726
the Revised Code.	85727

Sec. 5111.886. To consent to a home care attendant assisting	85728
a consumer with nursing tasks or self-administration of	85729
medication, the consumer or consumer's authorized representative	85730
shall provide the director of job and family services a written	85731
statement signed by the consumer or authorized representative	85732
under which the consumer or authorized representative consents to	85733
both of the following:	85734

(A) Having the attendant assist the consumer with nursing	85735
tasks or self-administration of medication;	85736

(B) Assuming responsibility for directing the attendant when	85737
the attendant assists the consumer with nursing tasks or	85738
self-administration of medication.	85739

Sec. 5111.887. To authorize a home care attendant to assist	85740
a consumer with nursing tasks or self-administration of	85741
medication, a health care professional shall provide the director	85742
of job and family services a written statement signed by the	85743
health care professional that includes all of the following:	85744

(A) The consumer's name and address;

85745

(B) A description of the nursing tasks or self-administration	85746
of medication with which the attendant is to assist the consumer,	85747
including, in the case of assistance with self-administration of	85748
medication, the name and dosage of the medication;	85749

(C) The times or intervals when the attendant is to assist	85750
the consumer with the self-administration of each dosage of the	85751
medication or nursing tasks;	85752

(D) The dates the attendant is to begin and cease providing	85753
the assistance;	85754

(E) A list of severe adverse reactions the attendant must	85755
report to the health care professional should the consumer	85756
experience one or more of the reactions;	85757

(F) At least one telephone number at which the attendant can	85758
reach the health care professional in an emergency;	85759

(G) Instructions the attendant is to follow when assisting	85760
the consumer with nursing tasks or self-administration of	85761
medication, including instructions for maintaining sterile	85762
conditions and for storage of task-related equipment and supplies;	85763

(H) The health care professional's attestation of both of the	85764
following:	85765

(1) That the consumer or consumer's authorized representative	85766
has demonstrated to the health care professional the ability to	85767
direct the attendant;	85768

(2) That the attendant has demonstrated to the health care	85769
professional the ability to provide the consumer assistance with	85770
nursing tasks or self-administration of medication that the health	85771
care professional has specifically authorized the attendant to	85772
provide and that the consumer or consumer's authorized	85773
representative has indicated to the health care professional that	85774
the consumer or authorized representative is satisfied with the	85775
attendant's demonstration.	85776

Sec. 5111.888. When authorizing a home care attendant to	85777
assist a consumer with nursing tasks or self-administration of	85778
medication a health care professional may not authorize a home	85779
care attendant to do any of the following:	85780

(A) Perform a task that is outside of the health care	85781
professional's scope of practice;	85782

(B) Assist the consumer with the self-administration of a	85783
medication, including a schedule II, schedule III, schedule IV, or	85784
schedule V drug unless both of the following apply:	85785

(1) The medication is administered orally, topically, or via	85786
a gastrostomy tube or jejunostomy tube, including through any of	85787
the following:	85788

(a) In the case of an oral medication, a metered dose	85789
inhaler;	85790

(b) In the case of a topical medication, including a	85791
transdermal medication, either of the following:	85792

(i) An eye, ear, or nose drop or spray;

85793

(ii) A vaginal or rectal suppository.

85794

(c) In the case of a gastrostomy tube or jejunostomy tube,	85795
only through a pre-programmed pump.	85796

(2) The medication is in its original container and the	85797
label attached to the container displays all of the following:	85798

(a) The consumer's full name in print;

85799

(b) The medication's dispensing date, which must not be more	85800
than twelve months before the date the attendant assists the	85801
consumer with self-administration of the medication;	85802

(c) The exact dosage and means of administration that match	85803
the health care professional's authorization to the attendant.	85804

(C) Assist the consumer with the self-administration of a	85805
schedule II, schedule III, schedule IV, or schedule V medication	85806
unless, in addition to meeting the requirements of division (B) of	85807
this section, all of the following apply:	85808

(1) The medication has a warning label on its container.

85809

(2) The attendant counts the medication in the consumer's or	85810
authorized representative's presence when the medication is	85811
administered to the consumer and records the count on a form used	85812
for the count as specified in rules adopted under section	85813
5111.8811 of the Revised Code.	85814

(3) The attendant recounts the medication in the consumer's	85815
or authorized representative's presence at least monthly and	85816
reconciles the recount on a log located in the consumer's	85817
clinical record.	85818

(4) The medication is stored separately from all other	85819
medications and is secured and locked at all times when not being	85820
administered to the consumer to prevent unauthorized access.	85821

(D) Perform an intramuscular injection;

85822

(E) Perform a subcutaneous injection unless it is for a	85823
routine dose of insulin;	85824

(F) Program a pump used to deliver a medication unless the	85825
pump is used to deliver a routine dose of insulin;	85826

(G) Insert, remove, or discontinue an intravenous access	85827
device;	85828

(H) Engage in intravenous medication administration;

85829

(I) Insert or initiate an infusion therapy;

85830

(J) Perform a central line dressing change.

85831

Sec. 5111.889. A home care attendant who provides home care	85832
attendant services to a consumer in accordance with the	85833
authorizing health care professional's authorization does not	85834
engage in the practice of nursing as a registered nurse or in the	85835
practice of nursing as a licensed practical nurse in violation of	85836
section 4723.03 of the Revised Code.	85837

A consumer or the consumer's authorized representative shall	85838
report to the director of job and family services if a home care	85839
attendant engages in the practice of nursing as a registered nurse	85840
or the practice of nursing as a licensed practical nurse beyond	85841
the authorizing health care professional's authorization. The	85842
director shall forward a copy of each report to the board of	85843
nursing.	85844

Sec. 5111.8810. A consumer who is an adult may select an	85845
individual to act on the consumer's behalf for purposes regarding	85846
home care attendant services by submitting a written notice of the	85847
consumer's selection of an authorized representative to the	85848
director of job and family services. The notice shall	85849
specifically identify the individual the consumer selects as	85850
authorized representative and may limit what the authorized	85851
representative may do on the consumer's behalf regarding home	85852
care attendant services. A consumer may not select the consumer's	85853
home care attendant to be the consumer's authorized	85854
representative.	85855

Sec. 5111.8811. The director of job and family services shall	85856
adopt rules under section 5111.85 of the Revised Code as necessary	85857
for the implementation of sections 5111.88 to 5111.8810 of the	85858
Revised Code. The rules shall be consistent with federal and state	85859
law.	85860

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894	85861
of the Revised Code:	85862

"Area agency on aging" has the same meaning as in section	85863
173.14 of the Revised Code.	85864

"Assisted living program" means the medicaid waiver component	85865
for which the director of job and family services is authorized by	85866
this section to request a medicaid waiver.	85867

"Assisted living services" means the following home and	85868
community-based services: personal care, homemaker, chore,	85869
attendant care, companion, medication oversight, and therapeutic	85870
social and recreational programming.	85871

"County or district home" means a county or district home	85872
operated under Chapter 5155. of the Revised Code.	85873

"Long-term care consultation program" means the program the	85874
department of aging is required to develop under section 173.42 of	85875
the Revised Code.	85876

"Long-term care consultation program administrator" or	85877
"administrator" means the department of aging or, if the	85878
department contracts with an area agency on aging or other entity	85879
to administer the long-term care consultation program for a	85880
particular area, that agency or entity.	85881

"Medicaid waiver component" has the same meaning as in	85882
section 5111.85 of the Revised Code.	85883

"Nursing facility" has the same meaning as in section 5111.20	85884
of the Revised Code.	85885

"Residential care facility" has the same meaning as in	85886
section 3721.01 of the Revised Code.	85887

"State administrative agency" means the department of job and	85888
family services if the department of job and family services	85889
administers the assisted living program or the department of aging	85890
if the department of aging administers the assisted living	85891
program.	85892

(B) The director of job and family services ~~may~~shall submit	85893
a request to the United States secretary of health and human	85894
services under 42 U.S.C. 1396n to obtain a waiver of federal	85895
medicaid requirements that would otherwise be violated in the	85896
creation and implementation of a program under which assisted	85897
living services are provided to ~~not more than one thousand eight~~	85898
~~hundred~~ individuals who meet the program's eligibility	85899
requirements established under section 5111.891 of the Revised	85900
Code.	85901

If the secretary approves the medicaid waiver requested under	85902
this section and the director of budget and management approves	85903
the contract, the department of job and family services shall	85904
enter into a contract with the department of aging under section	85905
5111.91 of the Revised Code that provides for the department of	85906
aging to administer the assisted living program. The contract	85907
shall include an estimate of the program's costs.	85908

The director of job and family services may adopt rules under	85909
section 5111.85 of the Revised Code regarding the assisted living	85910
program. The director of aging may adopt rules under Chapter 119.	85911
of the Revised Code regarding the program that the rules adopted	85912
by the director of job and family services authorize the director	85913
of aging to adopt.	85914

Sec. 5111.894. The state administrative agency may	85915
establish one or more waiting lists for the assisted living	85916
program. Only individuals eligible for the medicaid program may be	85917
placed on a waiting list.	85918

Each month, each area agency on aging shall determine	85919
whether any individual who resides in the area that the area	85920
agency on aging serves and is on a waiting list for the assisted	85921
living program has been admitted to a nursing facility. If an	85922
area agency on aging determines that such an individual has been	85923
admitted to a nursing facility and that there is a vacancy in a	85924
residential care facility participating in the assisted living	85925
program that is acceptable to the individual, the agency shall	85926
notify the long-term care consultation program administrator	85927
serving the area in which the individual resides about the	85928
determination. The administrator shall determine whether the	85929
assisted living program is appropriate for the individual and	85930
whether the individual would rather participate in the assisted	85931
living program than continue residing in the nursing facility.	85932
If the administrator determines that the assisted living program	85933
is appropriate for the individual and the individual would	85934
rather participate in the assisted living program than continue	85935
residing in the nursing facility, the administrator shall so	85936
notify the state administrative agency.	85937

On receipt of the notice from the administrator, the state	85938
administrative agency shall approve the individual's enrollment in	85939
the assisted living program regardless of any waiting list for the	85940
assisted living program, unless the enrollment would cause the	85941
assisted living program to exceed ~~the~~any limit on the number of	85942
individuals who may participate in the program as set by the	85943
United States secretary of health and human services when the	85944
medicaid waiver requested under section 5111.89 of the Revised	85945
Code is approved. Each quarter, the state administrative agency	85946
shall certify to the director of budget and management the	85947
estimated increase in costs of the assisted living program	85948
resulting from enrollment of individuals in the assisted living	85949
program pursuant to this section.	85950

~~Not later than the last day of each calendar year, the~~	85951
~~director of job and family services shall submit to the general~~	85952
~~assembly a report regarding the number of individuals enrolled in~~	85953
~~the assisted living program pursuant to this section and the costs~~	85954
~~incurred and savings achieved as a result of the enrollments.~~	85955

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	85956
Revised Code:	85957

(A) "Intermediate care facility for the mentally retarded"	85958
has the same meaning as in section 5111.20 of the Revised Code,	85959
~~except that it does not include any such facility operated by the~~	85960
~~department of mental retardation and developmental disabilities~~.	85961

(B) "Medicaid" has the same meaning as in section 5111.01 of	85962
the Revised Code.	85963

Sec. 5112.31. The department of job and family services	85964
shall do all of the following:	85965

(A) For the purposes specified in sections 5112.37 ~~and~~,	85966
5112.371, and 5112.372 of the Revised Code, annually assess each	85967
intermediate care facility for the mentally retarded a franchise	85968
permit fee equal to ~~eleven~~fourteen dollars and ~~ninety-eight~~	85969
twenty-five cents multiplied by the product of the following:	85970

(1) The number of beds certified under Title XIX of the	85971
"Social Security Act" on the first day of May of the calendar year	85972
in which the assessment is determined pursuant to division (A) of	85973
section 5112.33 of the Revised Code;	85974

(2) The number of days in the fiscal year beginning on the	85975
first day of July of the same calendar year.	85976

(B) Beginning July 1, ~~2009~~2011, and the first day of each	85977
July thereafter, adjust fees determined under division (A) of	85978
this section in accordance with the composite inflation factor	85979
established in rules adopted under section 5112.39 of the Revised	85980
Code.	85981

(C) If the United States secretary of health and human	85982
services determines that the franchise permit fee established by	85983
sections 5112.30 to 5112.39 of the Revised Code would be an	85984
impermissible health care-related tax under section 1903(w) of the	85985
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	85986
necessary actions to cease implementation of those sections in	85987
accordance with rules adopted under section 5112.39 of the Revised	85988
Code.	85989

Sec. 5112.37. There is hereby created in the state treasury	85990
the home and community-based services for the mentally retarded	85991
and developmentally disabled fund. ~~Ninety-four~~Seventy-four and	85992
~~twenty-eight~~eighty-nine hundredths per cent of all installment	85993
payments and penalties paid by an intermediate care facility	85994
for the mentally retarded under sections 5112.33 and 5112.34 of	85995
the Revised Code for state fiscal year 2010 shall be deposited	85996
into the fund. Seventy and sixty-seven hundredths per cent of all	85997
installment payments and penalties paid by an intermediate care	85998
facility for the mentally retarded under sections 5112.33 and	85999
5112.34 of the Revised Code for state fiscal year 2011 and	86000
thereafter shall be deposited into the fund. The department of	86001
job and family services shall distribute the money in the fund	86002
in accordance with rules adopted under section 5112.39 of the	86003
Revised Code. The departments of job and family services and	86004
mental retardation and developmental disabilities shall use the	86005
money for the medicaid program established under Chapter 5111.	86006
of the Revised Code and home and community-based services to	86007
mentally retarded and developmentally disabled persons.	86008

Sec. 5112.371. There is hereby created in the state treasury	86009
the children with intensive behavioral needs programs fund. ~~Five~~	86010
Three and ~~seventy-two~~seventy-eight hundredths per cent of all	86011
installment payments and penalties paid by an intermediate care	86012
facility for the mentally retarded under sections 5112.33 and	86013
5112.34 of the Revised Code for state fiscal year 2010 shall be	86014
deposited in the fund. Three and fifty-seven hundredths per cent	86015
of all installment payments and penalties paid by an intermediate	86016
care facility for the mentally retarded under sections 5112.33 and	86017
5112.34 of the Revised Code for state fiscal year 2011 and	86018
thereafter shall be deposited into the fund. The money in the	86019
fund shall be used for the programs the director of mental	86020
retardation and developmental disabilities establishes under	86021
section 5123.0417 of the Revised Code.	86022

Sec. 5112.372. There is hereby created in the state treasury	86023
the ODMR/DD operating and services fund. Twenty-one and	86024
thirty-three hundredths per cent of all installment payments and	86025
penalties paid by an intermediate care facility for the mentally	86026
retarded under sections 5112.33 and 5112.34 of the Revised Code	86027
for state fiscal year 2010 shall be deposited into the fund.	86028
Twenty-five and seventy-six hundredths per cent of all installment	86029
payments and penalties paid by an intermediate care facility for	86030
the mentally retarded under sections 5112.33 and 5112.34 of the	86031
Revised Code for state fiscal year 2011 and thereafter shall be	86032
deposited into the fund. The money in the fund shall be used for	86033
the expenses of the programs that the department of mental	86034
retardation and developmental disabilities administers and the	86035
department's administrative expenses.	86036

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	86037
Revised Code:	86038

(A) "Assessment program year" means the twelve-month period	86039
beginning the first day of October of a calendar year and ending	86040
the last day of September of the following calendar year.	86041

(B) "Cost reporting period" means the period of time used by	86042
a hospital in reporting costs for purposes of the medicare	86043
program.	86044

(C) "Federal fiscal year" means the twelve-month period	86045
beginning the first day of October of a calendar year and ending	86046
the last day of September of the following calendar year.	86047

(D) "Hospital" means a nonfederal hospital to which any of	86048
the following applies:	86049

(1) The hospital is registered under section 3701.07 of the	86050
Revised Code as a general medical and surgical hospital or a	86051
pediatric general hospital and provides inpatient hospital	86052
services, as defined in 42 C.F.R. 440.10.	86053

(2) The hospital is recognized under the medicare program as	86054
a cancer hospital and is exempt from the medicare prospective	86055
payment system.	86056

(3) The hospital is a psychiatric hospital licensed under	86057
section 5119.20 of the Revised Code.	86058

(E) "Hospital care assurance program" means the program	86059
established under sections 5112.01 to 5112.21 of the Revised Code.	86060

(F) "Medicaid" has the same meaning as in section 5111.01 of	86061
the Revised Code.	86062

(G) "Medicare" means the program established under Title	86063
XVIII of the Social Security Act.	86064

(H) "State fiscal year" means the twelve-month period	86065
beginning the first day of July of a calendar year and ending the	86066
last day of June of the following calendar year.	86067

(I)(1) Except as provided in divisions (I)(2) and (3) of this	86068
section, "total facility costs" means the total costs to a	86069
hospital for all care provided to all patients, including the	86070
direct, indirect, and overhead costs to the hospital of all	86071
services, supplies, equipment, and capital related to the care of	86072
patients, regardless of whether patients are enrolled in a health	86073
insuring corporation.	86074

(2) "Total facility costs" excludes all of the following of a	86075
hospital's costs as shown on the cost-reporting data used for	86076
purposes of determining the hospital's assessment under section	86077
5112.41 of the Revised Code:	86078

(a) Skilled nursing services provided in distinct-part	86079
nursing facility units;	86080

(b) Home health services;

86081

86082

(d) Ambulance services;

86083

(e) Renting durable medical equipment;

86084

(f) Buying durable medical equipment.

86085

(3) "Total facility costs" excludes any costs excluded from a	86086
hospital's total facility costs pursuant to rules, if any, adopted	86087
under division (B) of section 5112.46 of the Revised Code.	86088

Sec. 5112.41. (A) For the purposes specified in section	86089
5112.45 of the Revised Code and subject to section 5112.48 of the	86090
Revised Code, there is hereby imposed an assessment on all	86091
hospitals each assessment program year. The amount of a hospital's	86092
assessment for an assessment program year shall equal the	86093
percentage specified in division (B) of this section of the	86094
hospital's total facility costs for the period of time specified	86095
in division (C) of this section. The amount of a hospital's total	86096
facility costs shall be derived from cost-reporting data for the	86097
hospital submitted to the department of job and family services	86098
for purposes of the hospital care assurance program. The	86099
cost-reporting data used to determine a hospital's assessment is	86100
subject to the same type of adjustments made to the data under the	86101
hospital care assurance program.	86102

(B) The percentage specified in this division is the	86103
following:	86104

(1) For the first assessment program year beginning after the	86105
effective date of this section, one and fifty-two hundredths per	86106
cent;	86107

(2) For the second assessment program year after the	86108
effective date of this section and each successive assessment	86109
program year, one and sixty-one hundredths per cent.	86110

(C) The period of time specified in this division is the	86111
hospital's cost reporting period that ends in the state fiscal	86112
year that ends in the federal fiscal year that precedes the	86113
federal fiscal year that precedes the assessment program year for	86114
which the assessment is imposed.	86115

(D) The assessment imposed by this section on a hospital is	86116
in addition to the assessment imposed by section 5112.06 of the	86117
Revised Code.	86118

Sec. 5112.42. (A) Before or during each assessment program	86119
year, the department of job and family services shall mail to each	86120
hospital by certified mail, return receipt requested, the	86121
preliminary determination of the amount that the hospital is	86122
assessed under section 5112.41 of the Revised Code for the	86123
assessment program year. Except as provided in division (B) of	86124
this section, the preliminary determination becomes the final	86125
determination for the assessment program year fifteen days after	86126
the preliminary determination is mailed to the hospital.	86127

(B) A hospital may request that the department reconsider the	86128
preliminary determination mailed to the hospital under division	86129
(A) of this section by submitting to the department a written	86130
request for a reconsideration not later than fourteen days after	86131
the hospital's preliminary determination is mailed to the	86132
hospital. The request must be accompanied by written materials	86133
setting forth the basis for the reconsideration. On receipt of the	86134
timely request, the department shall reconsider the preliminary	86135
determination and may adjust the preliminary determination on the	86136
basis of the written materials accompanying the request. The	86137
result of the reconsideration is the final determination of the	86138
hospital's assessment under section 5112.41 of the Revised Code	86139
for the assessment program year.	86140

(C) The department shall mail to each hospital a written	86141
notice of the final determination of its assessment for the	86142
assessment program year. A hospital may appeal the final	86143
determination to the court of common pleas of Franklin county.	86144
While a judicial appeal is pending, the hospital shall pay, in	86145
accordance with section 5112.43 of the Revised Code, any amount of	86146
its assessment that is not in dispute.	86147

Sec. 5112.43. Each hospital shall pay the amount it is	86148
assessed under section 5112.41 of the Revised Code in three equal	86149
installments due on the fifteenth day of December, the fifteenth	86150
day of March, and the fifteenth day of June of each assessment	86151
program year unless rules adopted under section 5112.46 of the	86152
Revised Code establish a different payment schedule.	86153

Sec. 5112.44. The department of job and family services may	86154
audit a hospital to ensure that the hospital properly pays the	86155
amount it is assessed under section 5112.41 of the Revised Code.	86156
The department shall take action to recover from a hospital any	86157
amount the audit reveals that the hospital should have paid but	86158
did not pay.	86159

Sec. 5112.45. There is hereby created in the state treasury	86160
the hospital assessment fund. All installment payments made by	86161
hospitals under section 5112.43 of the Revised Code and all	86162
recoveries the department of job and family services makes under	86163
section 5112.44 of the Revised Code shall be deposited into the	86164
fund. All investment earnings of the fund shall be credited to the	86165
fund. The department shall use money in the fund to pay for the	86166
costs of the medicaid program, including the program's	86167
administrative costs. Of the amounts deposited into the fund	86168
during the first assessment program year beginning after the	86169
effective date of this section, sixteen and forty-five hundredths	86170
per cent shall be used for the hospital inpatient and outpatient	86171
supplemental upper payment limit program created under section	86172
5112.451 of the Revised Code. Of the amounts deposited into the	86173
fund during the second assessment program year beginning after the	86174
effective date of this section and each successive assessment	86175
program year, fourteen and ninety-one hundredths per cent shall be	86176
used for the hospital inpatient and outpatient supplemental upper	86177
payment limit program.	86178

Sec. 5112.451. The director of job and family services shall	86179
submit a medicaid state plan amendment to the United States	86180
secretary of health and human services to create the hospital	86181
inpatient and outpatient supplemental upper payment limit program.	86182
If the United States secretary approves the medicaid state plan	86183
amendment, the program shall make supplemental medicaid payments	86184
to hospitals for inpatient services and outpatient services	86185
covered by medicaid with funds made available for the program	86186
under section 5112.45 of the Revised Code and federal matching	86187
funds available for the program.	86188

Sec. 5112.46. (A) The director of job and family services	86189
may adopt, amend, and rescind rules in accordance with Chapter	86190
119. of the Revised Code as necessary to implement sections	86191
5112.40 to 5112.48 of the Revised Code.	86192

(B) The rules adopted under this section may provide that a	86193
hospital's total facility costs for the purpose of the assessment	86194
under section 5112.41 of the Revised Code exclude any of the	86195
following:	86196

(1) A hospital's costs associated with providing care to	86197
recipients of any of the following:	86198

(a) The medicaid program;

86199

(b) The medicare program;

86200

(c) The disability financial assistance program established	86201
under Chapter 5115. of the Revised Code;	86202

(d) The disability medical assistance program established	86203
under Chapter 5115. of the Revised Code;	86204

(e) The program for medically handicapped children	86205
established under section 3701.023 of the Revised Code;	86206

(f) Services provided under the maternal and child health	86207
services block grant established under Title V of the Social	86208
Security Act.	86209

(2) Any other category of hospital costs the director deems	86210
appropriate under federal law and regulations governing the	86211
medicaid program.	86212

Sec. 5112.47. The director of job and family services shall	86213
implement the assessment imposed by section 5112.41 of the Revised	86214
Code in a manner that does not cause a reduction in federal	86215
financial participation for the medicaid program under 42 U.S.C.	86216
1396b(w).	86217

Sec. 5112.48. If the United States secretary of health and	86218
human services determines that the assessment imposed by section	86219
5112.41 of the Revised Code is an impermissible health	86220
care-related tax under 42 U.S.C. 1396b(w), the director of job and	86221
family services shall take all necessary actions to cease	86222
implementation of sections 5112.40 to 5112.47 of the Revised Code	86223
and shall promptly refund to each hospital the amount of money in	86224
the hospital assessment fund at the time the refund is to be made	86225
that the hospital paid under section 5112.43 of the Revised Code,	86226
plus any corresponding investment earnings on that amount.	86227

Sec. 5115.03. (A) The director of job and family services	86228
shall adopt rules in accordance with section 111.15 of the Revised	86229
Code governing the disability financial assistance program. The	86230
rules may establish or specify any or all of the following:	86231

(1) Maximum payment amounts under the disability financial	86232
assistance program, based on state appropriations for the program;	86233

(2) Limits on the length of time an individual may receive	86234
disability financial assistance;	86235

(3) Limits on the total number of individuals in the state	86236
who may receive disability financial assistance;	86237

(4) Income, resource, citizenship, age, residence, living	86238
arrangement, and other eligibility requirements for disability	86239
financial assistance;	86240

(5) Procedures for disregarding amounts of earned and	86241
unearned income for the purpose of determining eligibility for	86242
disability financial assistance and the amount of assistance to be	86243
provided;	86244

(6) Procedures for including the income and resources, or a	86245
certain amount of the income and resources, of a member of an	86246
individual's family when determining eligibility for disability	86247
financial assistance and the amount of assistance to be provided.	86248

(B) In establishing or specifying eligibility requirements	86249
for disability financial assistance, the director shall exclude	86250
the value of any tuition payment contract entered into under	86251
section 3334.09 of the Revised Code or any scholarship awarded	86252
under section 3334.18 of the Revised Code and the amount of	86253
payments made ~~by the Ohio tuition trust authority~~ under section	86254
3334.09 of the Revised Code pursuant to the contract or	86255
scholarship. The director shall not require any individual to	86256
terminate a tuition payment contract entered into under Chapter	86257
3334. of the Revised Code as a condition of eligibility for	86258
disability financial assistance. The director shall consider as	86259
income any refund paid under section 3334.10 of the Revised Code.	86260

(C) Notwithstanding section 3109.01 of the Revised Code, when	86261
a disability financial assistance applicant or recipient who is at	86262
least eighteen but under twenty-two years of age resides with the	86263
applicant's or recipient's parents, the income of the parents	86264
shall be taken into account in determining the applicant's or	86265
recipient's financial eligibility. In the rules adopted under this	86266
section, the director shall specify procedures for determining the	86267
amount of income to be attributed to applicants and recipients in	86268
this age category.	86269

(D) For purposes of limiting the cost of the disability	86270
financial assistance program, the director may do either or both	86271
of the following:	86272

(1) Adopt rules in accordance with section 111.15 of the	86273
Revised Code that revise the program's eligibility requirements,	86274
the maximum payment amounts, or any other requirement or standard	86275
established or specified in the rules adopted by the director;	86276

(2) Suspend acceptance of applications for disability	86277
financial assistance. While a suspension is in effect, no person	86278
shall receive a determination or redetermination of eligibility	86279
for disability financial assistance unless the person was	86280
receiving the assistance during the month immediately preceding	86281
the suspension's effective date or the person submitted an	86282
application prior to the suspension's effective date and receives	86283
a determination of eligibility based on that application. The	86284
director may adopt rules in accordance with section 111.15 of the	86285
Revised Code establishing requirements and specifying procedures	86286
applicable to the suspension of acceptance of applications.	86287

Sec. 5119.16. As used in this section, "free clinic" has the	86288
same meaning as in section 2305.2341 of the Revised Code.	86289

(A) The department of mental health ~~is hereby designated to~~	86290
may provide certain goods and services for the department of	86291
mental health, the department of mental retardation and	86292
developmental disabilities, the department of rehabilitation and	86293
correction, the department of youth services, and other state,	86294
county, or municipal agencies requesting such goods and services	86295
when the department of mental health determines that it is in the	86296
public interest, and considers it advisable, to provide these	86297
goods and services. The department of mental health also may	86298
provide goods and services to agencies operated by the United	86299
States government and to public or private nonprofit agencies,	86300
other than free clinics, that are funded in whole or in part by	86301
the state if the public or private nonprofit agencies are	86302
designated for participation in this program by the director of	86303
mental health for community mental health agencies, the director	86304
of mental retardation and developmental disabilities for community	86305
mental retardation and developmental disabilities agencies, the	86306
director of rehabilitation and correction for community	86307
rehabilitation and correction agencies, or the director of youth	86308
services for community youth services agencies.	86309

Designated community agencies shall receive goods and	86310
services through the department of mental health only in those	86311
cases where the designating state agency certifies that providing	86312
such goods and services to the agency will conserve public	86313
resources to the benefit of the public and where the provision of	86314
such goods and services is considered feasible by the department	86315
of mental health.	86316

(B) The department of mental health may permit free clinics	86317
to purchase certain goods and services to the extent the purchases	86318
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	86319
et seq., applicable to ~~non-profit~~nonprofit institutions, in 15	86320
U.S.C. 13c, as amended.	86321

(C) The goods and services tothat may be provided by the	86322
department of mental health under divisions (A) and (B) of this	86323
section may include:	86324

(1) Procurement, storage, processing, and distribution of	86325
food and professional consultation on food operations;	86326

(2) Procurement, storage, and distribution of medical and	86327
laboratory supplies, dental supplies, medical records, forms,	86328
optical supplies, and sundries~~, subject to section 5120.135 of the~~	86329
~~Revised Code~~;	86330

(3) Procurement, storage, repackaging, distribution, and	86331
dispensing of drugs, the provision of professional pharmacy	86332
consultation, and drug information services;	86333

(4) Other goods and services ~~as may be agreed to~~.

86334

(D) The department of mental health ~~shall~~may provide the	86335
goods and services designated in division (C) of this section to	86336
its institutions and to state-operated community-based mental	86337
health services.	86338

(E) After consultation with and advice from the director of	86339
mental retardation and developmental disabilities, the director of	86340
rehabilitation and correction, and the director of youth services,	86341
the department of mental health ~~shall~~may provide the goods and	86342
services designated in division (C) of this section to the	86343
department of mental retardation and developmental disabilities,	86344
the department of rehabilitation and correction, and the	86345
department of youth services.	86346

(F) The cost of administration of this section shall be	86347
determined by the department of mental health and paid by the	86348
agencies or free clinics receiving the goods and services to the	86349
department for deposit in the state treasury to the credit of the	86350
mental health fund, which is hereby created. The fund shall be	86351
used to pay the cost of administration of this section to the	86352
department.	86353

(G) ~~If the goods or services designated in division (C) of~~	86354
~~this section are not provided in a satisfactory manner by the~~	86355
~~department of mental health to the agencies described in division~~	86356
~~(A) of this section, the director of mental retardation and~~	86357
~~developmental disabilities, the director of rehabilitation and~~	86358
~~correction, the director of youth services, or the managing~~	86359
~~officer of a department of mental health institution shall attempt~~	86360
~~to resolve unsatisfactory service with the director of mental~~	86361
~~health. If, after such attempt, the provision of goods or services~~	86362
~~continues to be unsatisfactory, the director or officer shall~~	86363
~~notify the director of mental health. If within thirty days of~~	86364
~~such notice the department of mental health does not provide the~~	86365
~~specified goods and services in a satisfactory manner, the~~	86366
~~director of mental retardation and developmental disabilities, the~~	86367
~~director of rehabilitation and correction, the director of youth~~	86368
~~services, or the managing officer of the department of mental~~	86369
~~health institution shall notify the director of mental health of~~	86370
~~the director's or managing officer's intent to cease purchasing~~	86371
~~goods and services from the department. Following a sixty-day~~	86372
~~cancellation period from the date of such notice, the department~~	86373
~~of mental retardation, department of rehabilitation and~~	86374
~~correction, department of youth services, or the department of~~	86375
~~mental health institution may obtain the goods and services from a~~	86376
~~source other than the department of mental health, if the~~	86377
~~department certifies to the department of administrative services~~	86378
~~that the requirements of this division have been met.~~	86379

~~(H)~~ Whenever a state agency fails to make a payment for goods	86380
and services provided under this section within thirty-one days	86381
after the date the payment was due, the office of budget and	86382
management may transfer moneys from the state agency to the	86383
department of mental health. The amount transferred shall not	86384
exceed the amount of overdue payments. Prior to making a transfer	86385
under this division, the office of budget and management shall	86386
apply any credits the state agency has accumulated in payments for	86387
goods and services provided under this section.	86388

~~(I)~~(H) Purchases of goods and services under this section are	86389
not subject to section 307.86 of the Revised Code.	86390

Sec. 5119.61. Any provision in this chapter that refers to a	86391
board of alcohol, drug addiction, and mental health services also	86392
refers to the community mental health board in an alcohol, drug	86393
addiction, and mental health service district that has a community	86394
mental health board.	86395

The director of mental health with respect to all facilities	86396
and programs established and operated under Chapter 340. of the	86397
Revised Code for mentally ill and emotionally disturbed persons,	86398
shall do all of the following:	86399

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	86400
that may be necessary to carry out the purposes of Chapter 340.	86401
and sections 5119.61 to 5119.63 of the Revised Code.	86402

(1) The rules shall include all of the following:

86403

(a) Rules governing a community mental health agency's	86404
services under section 340.091 of the Revised Code to an	86405
individual referred to the agency under division (C)(2) of section	86406
173.35 of the Revised Code;	86407

(b) For the purpose of division (A)(16) of section 340.03 of	86408
the Revised Code, rules governing the duties of mental health	86409
agencies and boards of alcohol, drug addiction, and mental health	86410
services under section 3722.18 of the Revised Code regarding	86411
referrals of individuals with mental illness or severe mental	86412
disability to adult care facilities and effective arrangements for	86413
ongoing mental health services for the individuals. The rules	86414
shall do at least the following:	86415

(i) Provide for agencies and boards to participate fully in	86416
the procedures owners and managers of adult care facilities must	86417
follow under division (A)~~(2)~~ of section 3722.18 of the Revised	86418
Code;	86419

(ii) Specify the manner in which boards are accountable for	86420
ensuring that ongoing mental health services are effectively	86421
arranged for individuals with mental illness or severe mental	86422
disability who are referred by the board or mental health agency	86423
under contract with the board to an adult care facility.	86424

(c) Rules governing a board of alcohol, drug addiction, and	86425
mental health services when making a report to the director of	86426
health under section 3722.17 of the Revised Code regarding the	86427
quality of care and services provided by an adult care facility to	86428
a person with mental illness or a severe mental disability.	86429

(2) Rules may be adopted to govern the method of paying a	86430
community mental health facility, as defined in section 5111.023	86431
of the Revised Code, for providing services listed in division (B)	86432
of that section. Such rules must be consistent with the contract	86433
entered into between the departments of job and family services	86434
and mental health under section 5111.91 of the Revised Code and	86435
include requirements ensuring appropriate service utilization.	86436

(B) Review and evaluate, and, taking into account the	86437
findings and recommendations of the board of alcohol, drug	86438
addiction, and mental health services of the district served by	86439
the program and the requirements and priorities of the state	86440
mental health plan, including the needs of residents of the	86441
district now residing in state mental institutions, approve and	86442
allocate funds to support community programs, and make	86443
recommendations for needed improvements to boards of alcohol, drug	86444
addiction, and mental health services;	86445

(C) Withhold state and federal funds for any program, in	86446
whole or in part, from a board of alcohol, drug addiction, and	86447
mental health services in the event of failure of that program to	86448
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	86449
or 5119.62 of the Revised Code or rules of the department of	86450
mental health. The director shall identify the areas of	86451
noncompliance and the action necessary to achieve compliance. The	86452
director shall offer technical assistance to the board to achieve	86453
compliance. The director shall give the board a reasonable time	86454
within which to comply or to present its position that it is in	86455
compliance. Before withholding funds, a hearing shall be conducted	86456
to determine if there are continuing violations and that either	86457
assistance is rejected or the board is unable to achieve	86458
compliance. Subsequent to the hearing process, if it is determined	86459
that compliance has not been achieved, the director may allocate	86460
all or part of the withheld funds to a public or private agency to	86461
provide the services not in compliance until the time that there	86462
is compliance. The director shall establish rules pursuant to	86463
Chapter 119. of the Revised Code to implement this division.	86464

(D) Withhold state or federal funds from a board of alcohol,	86465
drug addiction, and mental health services that denies available	86466
service on the basis of religion, race, color, creed, sex,	86467
national origin, age, disability as defined in section 4112.01 of	86468
the Revised Code, developmental disability, or the inability to	86469
pay;	86470

(E) Provide consultative services to community mental health	86471
agencies with the knowledge and cooperation of the board of	86472
alcohol, drug addiction, and mental health services;	86473

(F) Provide to boards of alcohol, drug addiction, and mental	86474
health services state or federal funds, in addition to those	86475
allocated under section 5119.62 of the Revised Code, for special	86476
programs or projects the director considers necessary but for	86477
which local funds are not available;	86478

(G) Establish criteria by which a board of alcohol, drug	86479
addiction, and mental health services reviews and evaluates the	86480
quality, effectiveness, and efficiency of services provided	86481
through its community mental health plan. The criteria shall	86482
include requirements ensuring appropriate service utilization. The	86483
department shall assess a board's evaluation of services and the	86484
compliance of each board with this section, Chapter 340. or	86485
section 5119.62 of the Revised Code, and other state or federal	86486
law and regulations. The department, in cooperation with the	86487
board, periodically shall review and evaluate the quality,	86488
effectiveness, and efficiency of services provided through each	86489
board. The department shall collect information that is necessary	86490
to perform these functions.	86491

(H) Develop and operate a community mental health information	86492
system or systems.	86493

Boards of alcohol, drug abuse, and mental health services	86494
shall submit information requested by the department in the form	86495
and manner prescribed by the department. Information collected by	86496
the department shall include, but not be limited to, all of the	86497
following:	86498

(1) Information regarding units of services provided in whole	86499
or in part under contract with a board, including diagnosis and	86500
special needs, demographic information, the number of units of	86501
service provided, past treatment, financial status, and service	86502
dates in accordance with rules adopted by the department in	86503
accordance with Chapter 119. of the Revised Code;	86504

(2) Financial information other than price or price-related	86505
data regarding expenditures of boards and community mental health	86506
agencies, including units of service provided, budgeted and actual	86507
expenses by type, and sources of funds.	86508

Boards shall submit the information specified in division	86509
(H)(1) of this section no less frequently than annually for each	86510
client, and each time the client's case is opened or closed. The	86511
department shall not collect any personal information ~~for the~~	86512
~~purpose of identifying by name any person who receives a service~~	86513
~~through a board of alcohol, drug addiction, and mental health~~	86514
~~services,~~from the boards except as required or permitted by state	86515
or federal law ~~to validate appropriate reimbursement. For the~~	86516
~~purposes of division (H)(1) of this section, the department shall~~	86517
~~use an identification system that is consistent with applicable~~	86518
~~nationally recognized standards~~for purposes related to payment,	86519
health care operations, program and service evaluation, reporting	86520
activities, research, system administration, and oversight.	86521

(I) Review each board's community mental health plan	86522
submitted pursuant to section 340.03 of the Revised Code and	86523
approve or disapprove it in whole or in part. Periodically, in	86524
consultation with representatives of boards and after considering	86525
the recommendations of the medical director, the director shall	86526
issue criteria for determining when a plan is complete, criteria	86527
for plan approval or disapproval, and provisions for conditional	86528
approval. The factors that the director considers may include, but	86529
are not limited to, the following:	86530

(1) The mental health needs of all persons residing within	86531
the board's service district, especially severely mentally	86532
disabled children, adolescents, and adults;	86533

(2) The demonstrated quality, effectiveness, efficiency, and	86534
cultural relevance of the services provided in each service	86535
district, the extent to which any services are duplicative of	86536
other available services, and whether the services meet the needs	86537
identified above;	86538

(3) The adequacy of the board's accounting for the	86539
expenditure of funds.	86540

If the director disapproves all or part of any plan, the	86541
director shall provide the board an opportunity to present its	86542
position. The director shall inform the board of the reasons for	86543
the disapproval and of the criteria that must be met before the	86544
plan may be approved. The director shall give the board a	86545
reasonable time within which to meet the criteria, and shall offer	86546
technical assistance to the board to help it meet the criteria.	86547

If the approval of a plan remains in dispute thirty days	86548
prior to the conclusion of the fiscal year in which the board's	86549
current plan is scheduled to expire, the board or the director may	86550
request that the dispute be submitted to a mutually agreed upon	86551
third-party mediator with the cost to be shared by the board and	86552
the department. The mediator shall issue to the board and the	86553
department recommendations for resolution of the dispute. Prior to	86554
the conclusion of the fiscal year in which the current plan is	86555
scheduled to expire, the director, taking into consideration the	86556
recommendations of the mediator, shall make a final determination	86557
and approve or disapprove the plan, in whole or in part.	86558

Sec. 5119.621. (A)(1) When the director of mental health	86559
provides state or federal funds under section 5119.62 of the	86560
Revised Code to a board of alcohol, drug addiction, and mental	86561
health services for local management of mental health services,	86562
the director shall establish a limit on the amount or portion of	86563
the funds that may be used for administrative purposes and	86564
specify the permissible uses of the funds for administrative	86565
purposes.	86566

(2) In establishing the limit on the amount or portion of the	86567
funds that may be used for administrative purposes, the director	86568
shall take into account both of the following:	86569

(a) The board's community mental health plan approved under	86570
division (I) of section 5119.61 of the Revised Code;	86571

(b) The board's total budget for mental health services.

86572

(3) In specifying the permissible uses of the funds for	86573
administrative purposes, the director shall establish general	86574
categories that describe the function for which the funds may be	86575
used. The categories may include any of the following:	86576

(a) Continuous quality improvement;

86577

(b) Utilization review;

86578

86579

(d) Fiscal administration;

86580

(e) General administration;

86581

(f) Other functions required under Chapter 340. of the	86582
Revised Code.	86583

(4) A board shall account for its use of the funds for	86584
administrative purposes by submitting an annual report to the	86585
director. The report shall include details about the board's use	86586
of the funds according to the general categories of permissible	86587
uses established by the director.	86588

(B) By submitting a written application to the director, a	86589
board may seek a variance or waiver regarding the amount or	86590
portion established under division (A)(1) of this section as the	86591
maximum that may be used for administrative purposes. The	86592
director has sole discretion in granting or denying the variance	86593
or waiver. The director's determination is final.	86594

(C) The director may deny state or federal funds to a board	86595
that exceeds the limit established under division (A)(1) of this	86596
section.	86597

Sec. 5119.622. (A) Notwithstanding the provisions of	86598
section 5119.62 of the Revised Code referring to the allocation	86599
of funds appropriated from the general revenue fund for local	86600
management of mental health services to separate boards of	86601
alcohol, drug addiction, and mental health services, the	86602
director of mental health may allocate the funds to groups of two	86603
or more boards, but only if the boards included in a proposed	86604
group of boards agree to the group allocation in lieu of separate	86605
allocations.	86606

(B) If funds for local management of mental health services	86607
are allocated to groups of boards pursuant to division (A) of	86608
this section, the director shall require the boards included in	86609
each group to timely submit to the director a joint plan for the	86610
provision of mental health services and use of the funds.	86611

(C) The director shall, at the request of a single board or	86612
group of two or more boards, consider a proposal for mental health	86613
services to be funded on a regional or statewide basis.	86614

(D)(1) Notwithstanding the provisions of section 5119.621 of	86615
the Revised Code referring to the director's authority to	86616
establish for separate boards a limit on the amount or portion of	86617
state or federal funds provided under section 5119.62 of the	86618
Revised Code that may be used for administrative purposes, the	86619
director may specify a maximum amount or portion of such funds	86620
that may be used by the group of boards for administrative	86621
purposes if the conditions in division (A) of this section are	86622
satisfied.	86623

(2) To accommodate the establishment of a maximum amount or	86624
portion of state or federal funds that may be used by a group of	86625
boards for administrative purposes pursuant to division (D)(1) of	86626
this section, the director shall make all necessary adjustments in	86627
the procedures specified under section 5119.621 of the Revised	86628
Code.	86629

(E) In addition to the adjustments made by the director under	86630
this section, all references in the Revised Code to the provision	86631
of state or federal funds to separate boards or to the use of	86632
state or federal funds by separate boards for administrative	86633
purposes constitute references to groups of boards as the	86634
director considers necessary to accommodate the provision of	86635
state or federal funds to groups of boards under this section.	86636

Sec. 5120.032. (A) No later than January 1, 1998, the	86637
department of rehabilitation and correction ~~shall~~may develop and	86638
implement intensive program prisons for male and female prisoners	86639
other than prisoners described in division (B)(2) of this section.	86640
The intensive program prisons, if developed and implemented, shall	86641
include institutions at which imprisonment of the type described	86642
in division (B)(2)(a) of section 5120.031 of the Revised Code is	86643
provided and prisons that focus on educational achievement,	86644
vocational training, alcohol and other drug abuse treatment,	86645
community service and conservation work, and other intensive	86646
regimens or combinations of intensive regimens.	86647

(B)(1)(a) Except as provided in division (B)(2) of this	86648
section, if one or more intensive program prisons are established	86649
under this section, if an offender is sentenced to a term of	86650
imprisonment under the custody of the department, if the	86651
sentencing court either recommends the prisoner for placement in	86652
~~the~~an intensive program prison under this section or makes no	86653
recommendation on placement of the prisoner, and if the department	86654
determines that the prisoner is eligible for placement in an	86655
intensive program prison under this section, the department may	86656
place the prisoner in an intensive program prison established	86657
pursuant to division (A) of this section. If the sentencing court	86658
disapproves placement of the prisoner in an intensive program	86659
prison, the department shall not place the prisoner in any	86660
intensive program prison.	86661

If the sentencing court recommends a prisoner for placement	86662
in an intensive program prison and if the department subsequently	86663
places the prisoner in the recommended prison, the department	86664
shall notify the court of the prisoner's placement in the	86665
recommended intensive program prison and shall include with the	86666
notice a brief description of the placement.	86667

If the sentencing court recommends placement of a prisoner in	86668
an intensive program prison and the department for any reason does	86669
not subsequently place the prisoner in the recommended prison, the	86670
department shall send a notice to the court indicating why the	86671
prisoner was not placed in the recommended prison.	86672

If the sentencing court does not make a recommendation on the	86673
placement of a prisoner in an intensive program prison and if the	86674
department determines that the prisoner is eligible for placement	86675
in a prison of that nature, the department shall screen the	86676
prisoner and determine if the prisoner is suited for the prison.	86677
If the prisoner is suited for ~~the~~an intensive program prison, at	86678
least three weeks prior to placing the prisoner in the prison, the	86679
department shall notify the sentencing court of the proposed	86680
placement of the prisoner in the intensive program prison and	86681
shall include with the notice a brief description of the	86682
placement. The court shall have ten days from receipt of the	86683
notice to disapprove the placement. If the sentencing court	86684
disapproves the placement, the department shall not proceed with	86685
it. If the sentencing court does not timely disapprove of the	86686
placement, the department may proceed with plans for it.	86687

If the department determines that a prisoner is not eligible	86688
for placement in an intensive program prison, the department shall	86689
not place the prisoner in any intensive program prison.	86690

(b) The department may reduce the stated prison term of a	86691
prisoner upon the prisoner's successful completion of a ninety-day	86692
period in an intensive program prison. A prisoner whose term has	86693
been so reduced shall be required to serve an intermediate,	86694
transitional type of detention followed by a release under	86695
post-release control sanctions or, in the alternative, shall be	86696
placed under post-release control sanctions, as described in	86697
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In	86698
either case, the placement under post-release control sanctions	86699
shall be under terms set by the parole board in accordance with	86700
section 2967.28 of the Revised Code and shall be subject to the	86701
provisions of that section and section 2929.141 of the Revised	86702
Code with respect to a violation of any post-release control	86703
sanction.	86704

(2) A prisoner who is in any of the following categories is	86705
not eligible to participate in an intensive program prison	86706
established pursuant to division (A) of this section:	86707

(a) The prisoner is serving a prison term for aggravated	86708
murder, murder, or a felony of the first or second degree or a	86709
comparable offense under the law in effect prior to July 1, 1996,	86710
or the prisoner previously has been imprisoned for aggravated	86711
murder, murder, or a felony of the first or second degree or a	86712
comparable offense under the law in effect prior to July 1, 1996.	86713

(b) The prisoner is serving a mandatory prison term, as	86714
defined in section 2929.01 of the Revised Code.	86715

(c) The prisoner is serving a prison term for a felony of the	86716
third, fourth, or fifth degree that either is a sex offense, an	86717
offense betraying public trust, or an offense in which the	86718
prisoner caused or attempted to cause actual physical harm to a	86719
person, the prisoner is serving a prison term for a comparable	86720
offense under the law in effect prior to July 1, 1996, or the	86721
prisoner previously has been imprisoned for an offense of that	86722
type or a comparable offense under the law in effect prior to July	86723
1, 1996.	86724

(d) The prisoner is serving a mandatory prison term in prison	86725
for a third or fourth degree felony OVI offense, as defined in	86726
section 2929.01 of the Revised Code, that was imposed pursuant to	86727
division (G)(2) of section 2929.13 of the Revised Code.	86728

(C) Upon the implementation of intensive program prisons	86729
pursuant to division (A) of this section, the department at all	86730
times shall maintain intensive program prisons sufficient in	86731
number to reduce the prison terms of at least three hundred fifty	86732
prisoners who are eligible for reduction of their stated prison	86733
terms as a result of their completion of a regimen in an intensive	86734
program prison under this section.	86735

Sec. 5120.033. (A) As used in this section, "third degree	86736
felony OVI offense" and "fourth degree felony OVI offense" have	86737
the same meanings as in section 2929.01 of the Revised Code.	86738

(B) Within eighteen months after October 17, 1996, the	86739
department of rehabilitation and correction ~~shall~~may develop and	86740
implement intensive program prisons for male and female prisoners	86741
who are sentenced pursuant to division (G)(2) of section 2929.13	86742
of the Revised Code to a mandatory prison term for a third or	86743
fourth degree felony OVI offense. ~~The~~If one or more intensive	86744
program prisons are established under this section, the department	86745
~~shall~~may contract pursuant to section 9.06 of the Revised Code	86746
for the private operation and management of the initial intensive	86747
program prison established under this section and may contract	86748
pursuant to that section for the private operation and management	86749
of any other intensive program prison established under this	86750
section. The intensive program prisons, if established under this	86751
section, shall include prisons that focus on educational	86752
achievement, vocational training, alcohol and other drug abuse	86753
treatment, community service and conservation work, and other	86754
intensive regimens or combinations of intensive regimens.	86755

(C) Except as provided in division (D) of this section, the	86756
department may place a prisoner who is sentenced to a mandatory	86757
prison term for a third or fourth degree felony OVI offense in an	86758
intensive program prison established pursuant to division (B) of	86759
this section if the sentencing judge, upon notification by the	86760
department of its intent to place the prisoner in an intensive	86761
program prison, does not notify the department that the judge	86762
disapproves the placement. If the stated prison term imposed on a	86763
prisoner who is so placed is longer than the mandatory prison term	86764
that is required to be imposed on the prisoner, the department may	86765
reduce the stated prison term upon the prisoner's successful	86766
completion of the prisoner's mandatory prison term in an intensive	86767
program prison. A prisoner whose term has been so reduced shall be	86768
required to serve an intermediate, transitional type of detention	86769
followed by a release under post-release control sanctions or, in	86770
the alternative, shall be placed under post-release control	86771
sanctions, as described in division (B)(2)(b)(ii) of section	86772
5120.031 of the Revised Code. In either case, the placement under	86773
post-release control sanctions shall be under terms set by the	86774
parole board in accordance with section 2967.28 of the Revised	86775
Code and shall be subject to the provisions of that section and	86776
section 2929.141 of the Revised Code with respect to a violation	86777
of any post-release control sanction. ~~Upon the establishment of~~	86778
~~the initial~~If one or more intensive program ~~prison~~prisons are	86779
established pursuant to division (B) of this section ~~that is~~and	86780
if as described in that division the initial intensive program	86781
prison is to be privately operated and managed by a contractor	86782
pursuant to a contract the department entered into under section	86783
9.06 of the Revised Code, upon the establishment of that initial	86784
intensive program prison the department shall comply with	86785
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code	86786
in placing prisoners in intensive program prisons under this	86787
section.	86788

(D) A prisoner who is sentenced to a mandatory prison term	86789
for a third or fourth degree felony OVI offense is not eligible to	86790
participate in an intensive program prison established under	86791
division (B) of this section if any of the following applies	86792
regarding the prisoner:	86793

(1) In addition to the mandatory prison term for the third or	86794
fourth degree felony OVI offense, the prisoner also is serving a	86795
prison term of a type described in division (B)(2)(a), (b), or (c)	86796
of section 5120.032 of the Revised Code.	86797

(2) The prisoner previously has been imprisoned for an	86798
offense of a type described in division (B)(2)(a) or (c) of	86799
section 5120.032 of the Revised Code or a comparable offense under	86800
the law in effect prior to July 1, 1996.	86801

(E) Intensive program prisons established under division (B)	86802
of this section are not subject to section 5120.032 of the Revised	86803
Code.	86804

Sec. 5120.09. Under the supervision and control of the	86805
director of rehabilitation and correction, the division of	86806
business administration shall do all of the following:	86807

(A) Submit the budgets for the several divisions of the	86808
department of rehabilitation and correction, as prepared by the	86809
respective chiefs of those divisions, to the director. The	86810
director, with the assistance of the chief of the division of	86811
business administration, shall compile a departmental budget that	86812
contains all proposals submitted by the chiefs of the divisions	86813
and shall forward the departmental budget to the governor with	86814
comments and recommendations that the director considers	86815
necessary.	86816

(B) Maintain accounts and records and compile statistics that	86817
the director prescribes;	86818

(C) Under the control of the director, coordinate and make	86819
the necessary purchases and requisitions for the department and	86820
its divisions, except ~~as provided under~~when goods and services	86821
are provided to the department as described in section 5119.16 of	86822
the Revised Code;	86823

(D) Administer within this state federal criminal justice	86824
acts that the governor requires the department to administer. In	86825
order to improve the criminal justice system of this state, the	86826
division of business administration shall apply for, allocate,	86827
disburse, and account for grants that are made available pursuant	86828
to those federal criminal justice acts and grants that are made	86829
available from other federal government sources, state government	86830
sources, or private sources. As used in this division, "criminal	86831
justice system" and "federal criminal justice acts" have the same	86832
meanings as in section 5502.61 of the Revised Code.	86833

(E) Audit the activities of governmental entities, persons as	86834
defined in section 1.59 of the Revised Code, and other types of	86835
nongovernmental entities that are financed in whole or in part by	86836
funds that the department allocates or disburses and that are	86837
derived from grants described in division (D) of this section;	86838

(F) Enter into contracts, including contracts with federal,	86839
state, or local governmental entities, persons as defined in	86840
section 1.59 of the Revised Code, foundations, and other types of	86841
nongovernmental entities, that are necessary for the department to	86842
carry out its duties and that neither the director nor another	86843
section of the Revised Code authorizes another division of the	86844
department to enter;	86845

(G) Exercise other powers and perform other duties that the	86846
director may assign to the division of business administration.	86847

Sec. 5120.135. (A) As used in this section, "laboratory	86848
services" includes the performance of medical laboratory analysis;	86849
professional laboratory and pathologist consultation; the	86850
procurement, storage, and distribution of laboratory supplies; and	86851
the performance of phlebotomy services.	86852

(B) The department of rehabilitation and correction ~~shall~~may	86853
provide laboratory services to all of the following:	86854

(1) The departments of mental health, mental retardation and	86855
developmental disabilities, youth services, and rehabilitation and	86856
correction~~. The department of rehabilitation and correction may~~	86857
~~also provide laboratory services to other~~;	86858

(2) Other state, county, or municipal agencies and to private	86859
persons that request laboratory services if the department of	86860
rehabilitation and correction determines that the provision of	86861
laboratory services is in the public interest and considers it	86862
advisable to provide such services~~. The department of~~	86863
~~rehabilitation and correction may also provide laboratory services~~	86864
~~to agencies~~;	86865

(3) Agencies operated by the United States government and to	86866
public and private entities funded in whole or in part by the	86867
state if the director of rehabilitation and correction designates	86868
them as eligible to receive ~~such~~laboratory services.	86869

(c) The department of rehabilitation and correction shall	86870
provide laboratory services from a laboratory that complies with	86871
the standards for certification set by the United States	86872
department of health and human services under the "Clinical	86873
Laboratory Improvement Amendments of 1988," 102 Stat. 293, 42	86874
U.S.C.A. 263a. In addition, the laboratory shall maintain	86875
accreditation or certification with an appropriate accrediting or	86876
certifying organization as considered necessary by the recipients	86877
of its laboratory services and as authorized by the director of	86878
rehabilitation and correction.	86879

~~(C)~~(D) The cost of administering this section shall be	86880
determined by the department of rehabilitation and correction and	86881
shall be paid by entities that receive laboratory services to the	86882
department for deposit in the state treasury to the credit of the	86883
laboratory services fund, which is hereby created. The fund shall	86884
be used to pay the costs the department incurs in administering	86885
this section.	86886

~~(D) If the department of rehabilitation and correction does~~	86887
~~not provide laboratory services under this section in a~~	86888
~~satisfactory manner to the department of mental retardation and~~	86889
~~developmental disabilities, youth services, or mental health, the~~	86890
~~director of mental retardation and developmental disabilities,~~	86891
~~youth services, or mental health shall attempt to resolve the~~	86892
~~matter of the unsatisfactory provision of services with the~~	86893
~~director of rehabilitation and correction. If, after this attempt,~~	86894
~~the provision of laboratory services continues to be~~	86895
~~unsatisfactory, the director of mental retardation and~~	86896
~~developmental disabilities, youth services, or mental health shall~~	86897
~~notify the director of rehabilitation and correction regarding the~~	86898
~~continued unsatisfactory provision of laboratory services. If,~~	86899
~~within thirty days after the director receives this notice, the~~	86900
~~department of rehabilitation and correction does not provide the~~	86901
~~specified laboratory services in a satisfactory manner, the~~	86902
~~director of mental retardation and developmental disabilities,~~	86903
~~youth services, or mental health shall notify the director of~~	86904
~~rehabilitation and correction of the notifying director's intent~~	86905
~~to cease obtaining laboratory services from the department of~~	86906
~~rehabilitation and correction. Following the end of a cancellation~~	86907
~~period of sixty days that begins on the date of the notice, the~~	86908
~~department that sent the notice may obtain laboratory services~~	86909
~~from a provider other than the department of rehabilitation and~~	86910
~~correction, if the department that sent the notice certifies to~~	86911
~~the department of administrative services that the requirements of~~	86912
~~this division have been met.~~	86913

(E) Whenever a state agency fails to make a payment for	86914
laboratory services provided to it by the department of	86915
rehabilitation and correction under this section within thirty-one	86916
days after the date the payment was due, the office of budget and	86917
management may transfer moneys from that state agency to the	86918
department of rehabilitation and correction for deposit to the	86919
credit of the laboratory services fund. The amount transferred	86920
shall not exceed the amount of the overdue payments. Prior to	86921
making a transfer under this division, the office shall apply any	86922
credits the state agency has accumulated in payment for laboratory	86923
services provided under this section.	86924

Sec. 5122.31. (A) All certificates, applications, records,	86925
and reports made for the purpose of this chapter and sections	86926
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	86927
Code, other than court journal entries or court docket entries,	86928
and directly or indirectly identifying a patient or former patient	86929
or person whose hospitalization has been sought under this	86930
chapter, shall be kept confidential and shall not be disclosed by	86931
any person except:	86932

(1) If the person identified, or the person's legal guardian,	86933
if any, or if the person is a minor, the person's parent or legal	86934
guardian, consents, and if the disclosure is in the best interests	86935
of the person, as may be determined by the court for judicial	86936
records and by the chief clinical officer for medical records;	86937

(2) When disclosure is provided for in this chapter or	86938
section 5123.60 of the Revised Code;	86939

(3) That hospitals, boards of alcohol, drug addiction, and	86940
mental health services, and community mental health agencies may	86941
release necessary medical information to insurers and other	86942
third-party payers, including government entities responsible for	86943
processing and authorizing payment, to obtain payment for goods	86944
and services furnished to the patient;	86945

(4) Pursuant to a court order signed by a judge;

86946

(5) That a patient shall be granted access to the patient's	86947
own psychiatric and medical records, unless access specifically is	86948
restricted in a patient's treatment plan for clear treatment	86949
reasons;	86950

(6) That hospitals and other institutions and facilities	86951
within the department of mental health may exchange psychiatric	86952
records and other pertinent information with other hospitals,	86953
institutions, and facilities of the department, and with community	86954
mental health agencies and boards of alcohol, drug addiction, and	86955
mental health services with which the department has a current	86956
agreement for patient care or services. Records and information	86957
that may be released pursuant to this division shall be limited to	86958
medication history, physical health status and history, financial	86959
status, summary of course of treatment in the hospital, summary of	86960
treatment needs, and a discharge summary, if any.	86961

(7) That hospitals within the department, other institutions	86962
and facilities within the department, and community mental health	86963
agencies may exchange psychiatric records and other pertinent	86964
information with other providers of treatment and health services	86965
if the purpose of the exchange is to facilitate continuity of care	86966
for a patient;	86967

(8) That a patient's family member who is involved in the	86968
provision, planning, and monitoring of services to the patient may	86969
receive medication information, a summary of the patient's	86970
diagnosis and prognosis, and a list of the services and personnel	86971
available to assist the patient and the patient's family, if the	86972
patient's treating physician determines that the disclosure would	86973
be in the best interests of the patient. No such disclosure shall	86974
be made unless the patient is notified first and receives the	86975
information and does not object to the disclosure.	86976

~~(8)~~(9) That community mental health agencies may exchange	86977
psychiatric records and certain other information with the board	86978
of alcohol, drug addiction, and mental health services and other	86979
agencies in order to provide services to a person involuntarily	86980
committed to a board. Release of records under this division shall	86981
be limited to medication history, physical health status and	86982
history, financial status, summary of course of treatment, summary	86983
of treatment needs, and discharge summary, if any.	86984

~~(9)~~ (10) That information may be disclosed to the executor or	86985
the administrator of an estate of a deceased patient when the	86986
information is necessary to administer the estate;	86987

~~(10)~~(11) That records in the possession of the Ohio	86988
historical society may be released to the closest living relative	86989
of a deceased patient upon request of that relative;	86990

~~(11)~~(12) That information may be disclosed to staff members	86991
of the appropriate board or to staff members designated by the	86992
director of mental health for the purpose of evaluating the	86993
quality, effectiveness, and efficiency of services and determining	86994
if the services meet minimum standards. Information obtained	86995
during such evaluations shall not be retained with the name of any	86996
patient.	86997

~~(12)~~(13) That records pertaining to the patient's diagnosis,	86998
course of treatment, treatment needs, and prognosis shall be	86999
disclosed and released to the appropriate prosecuting attorney if	87000
the patient was committed pursuant to section 2945.38, 2945.39,	87001
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	87002
attorney designated by the board for proceedings pursuant to	87003
involuntary commitment under this chapter.	87004

~~(13)~~(14) That the department of mental health may exchange	87005
psychiatric hospitalization records, other mental health treatment	87006
records, and other pertinent information with the department of	87007
rehabilitation and correction to ensure continuity of care for	87008
inmates who are receiving mental health services in an institution	87009
of the department of rehabilitation and correction. The department	87010
shall not disclose those records unless the inmate is notified,	87011
receives the information, and does not object to the disclosure.	87012
The release of records under this division is limited to records	87013
regarding an inmate's medication history, physical health status	87014
and history, summary of course of treatment, summary of treatment	87015
needs, and a discharge summary, if any.	87016

~~(14)~~(15) That a community mental health agency that ceases	87017
to operate may transfer to either a community mental health agency	87018
that assumes its caseload or to the board of alcohol, drug	87019
addiction, and mental health services of the service district in	87020
which the patient resided at the time services were most recently	87021
provided any treatment records that have not been transferred	87022
elsewhere at the patient's request.	87023

(B) Before records are disclosed pursuant to divisions	87024
(A)(3), (6), (7), and ~~(8)~~(9) of this section, the custodian of the	87025
records shall attempt to obtain the patient's consent for the	87026
disclosure. No person shall reveal the contents of a medical	87027
record of a patient except as authorized by law.	87028

(C) The managing officer of a hospital who releases necessary	87029
medical information under division (A)(3) of this section to allow	87030
an insurance carrier or other third party payor to comply with	87031
section 5121.43 of the Revised Code shall neither be subject to	87032
criminal nor civil liability.	87033

Sec. 5123.049. The director of mental retardation and	87034
developmental disabilities shall adopt rules in accordance with	87035
Chapter 119. of the Revised Code governing the authorization and	87036
payment of home and community-based services and medicaid case	87037
management services. The rules shall provide for private providers	87038
of the services to receive one hundred per cent of the medicaid	87039
allowable payment amount and for government providers of the	87040
services to receive the federal share of the medicaid allowable	87041
payment, less the amount withheld as a fee under section 5123.0412	87042
of the Revised Code ~~and any amount that may be required by rules~~	87043
~~adopted under section 5123.0413 of the Revised Code to be~~	87044
~~deposited into the state MR/DD risk fund~~. The rules shall	87045
establish the process by which county boards of mental retardation	87046
and developmental disabilities shall certify and provide the	87047
nonfederal share of medicaid expenditures that the county board is	87048
required by sections 5126.059 and 5126.0510 of the Revised Code	87049
to pay. The process shall require a county board to certify that	87050
the county board has funding available at one time for two months	87051
costs for those expenditures. The process may permit a county	87052
board to certify that the county board has funding available at	87053
one time for more than two months costs for those expenditures.	87054

Sec. 5123.0412. (A) The department of mental retardation and	87055
developmental disabilities shall charge each county board of	87056
mental retardation and developmental disabilities an annual fee	87057
equal to one and one-half per cent of the total value of all	87058
medicaid paid claims for home and community-based services	87059
provided during the year to an individual eligible for services	87060
from the county board. No county board shall pass the cost of a	87061
fee charged to the county board under this section on to another	87062
provider of these services.	87063

(B) The fees collected under this section shall be deposited	87064
into the ODMR/DD administration and oversight fund and the ODJFS	87065
administration and oversight fund, both of which are hereby	87066
created in the state treasury. The portion of the fees to be	87067
deposited into the ODMR/DD administration and oversight fund and	87068
the portion of the fees to be deposited into the ODJFS	87069
administration and oversight fund shall be the portion specified	87070
in an interagency agreement entered into under division (C) of	87071
this section. The department of mental retardation and	87072
developmental disabilities shall use the money in the ODMR/DD	87073
administration and oversight fund and the department of job and	87074
family services shall use the money in the ODJFS administration	87075
and oversight fund for both of the following purposes:	87076

(1) ~~The~~Medicaid administrative costs, including	87077
administrative and oversight costs of medicaid case management	87078
services and home and community-based services. The	87079
administrative and oversight costs of medicaid case management	87080
services and home and community-based services shall include costs	87081
for staff, systems, and other resources the departments need and	87082
dedicate solely to the following duties associated with the	87083
services:	87084

(a) Eligibility determinations;

87085

(b) Training;

87086

87087

(d) Claims processing;

87088

(e) Quality assurance oversight;

87089

(f) Other duties the departments identify.

87090

(2) Providing technical support to county boards' local	87091
administrative authority under section 5126.055 of the Revised	87092
Code for the services.	87093

(C) The departments of mental retardation and developmental	87094
disabilities and job and family services shall enter into an	87095
interagency agreement to do both of the following:	87096

(1) Specify which portion of the fees collected under this	87097
section is to be deposited into the ODMR/DD administration and	87098
oversight fund and which portion is to be deposited into the ODJFS	87099
administration and oversight fund;	87100

(2) Provide for the departments to coordinate the staff whose	87101
costs are paid for with money in the ODMR/DD administration and	87102
oversight fund and the ODJFS administration and oversight fund.	87103

(D) The departments shall submit an annual report to the	87104
director of budget and management certifying how the departments	87105
spent the money in the ODMR/DD administration and oversight fund	87106
and the ODJFS administration and oversight fund for the purposes	87107
specified in division (B) of this section.	87108

Sec. 5123.0413. ~~(A)~~ The department of mental retardation and	87109
developmental disabilities, in consultation with the department of	87110
job and family services, office of budget and management, and	87111
county boards of mental retardation and developmental	87112
disabilities, shall adopt rules in accordance with Chapter 119. of	87113
the Revised Code ~~no later than January 1, 2002, establishing a~~	87114
~~method of paying for extraordinary costs, including extraordinary~~	87115
~~costs for services to individuals with mental retardation or other~~	87116
~~developmental disability, and ensure the availability of adequate~~	87117
~~funds~~to establish both of the following in the event a county	87118
property tax levy for services for individuals with mental	87119
retardation or other developmental disability fails~~. The rules may~~	87120
~~provide for using and managing either or both of the following:~~	87121

~~(1) A state MR/DD risk fund, which is hereby created in the~~	87122
~~state treasury;~~	87123

~~(2) A state insurance against MR/DD risk fund, which is~~	87124
~~hereby created in the state treasury.~~	87125

~~(B) Beginning January 1, 2002, the department of job and~~	87126
~~family services may not request approval from the United States~~	87127
~~secretary of health and human services to increase the number of~~	87128
~~slots for home and community-based services until the rules~~	87129
~~required by division (A) of this section are in effect~~:	87130

(A) A method of paying for home and community-based services;

87131

(B) A method of reducing the number of individuals a county	87132
board would otherwise be required by section 5126.0512 of the	87133
Revised Code to ensure are enrolled in a medicaid waiver component	87134
under which home and community-based services are provided.	87135

Sec. 5126.044. (A) As used in this section~~, "eligible~~:

87136

(1) "Eligible person" has the same meaning as in section	87137
5126.03 of the Revised Code.	87138

(2) "Treatment" means the provision, coordination, or	87139
management of services provided to an eligible person.	87140

(3) "Payment" means activities undertaken by a service	87141
provider or governmental entity to obtain or provide reimbursement	87142
for services to an eligible person.	87143

(B) Except as provided in division ~~(D)~~(C) of this section, no	87144
person shall disclose the identity of an individual who requests	87145
programs or services under this chapter or release a record or	87146
report regarding an eligible person that is maintained by a county	87147
board of mental retardation and developmental disabilities or an	87148
entity under contract with a county board unless one of the	87149
following circumstances exists:	87150

(1) The individual, eligible person, or the individual's	87151
guardian, or, if the individual is a minor, the individual's	87152
parent or guardian, makes a written request to the county board or	87153
entity for or approves in writing disclosure of the individual's	87154
identity or release of the record or report regarding the eligible	87155
person.	87156

(2) Disclosure of the identity of an individual is needed for	87157
approval of a direct services contract under section 5126.032 or	87158
5126.033 of the Revised Code. The county board shall release only	87159
the individual's name and the general nature of the services to be	87160
provided.	87161

(3) Disclosure of the identity of the individual is needed to	87162
ascertain that the county board's waiting lists for programs or	87163
services are being maintained in accordance with section 5126.042	87164
of the Revised Code and the rules adopted under that section. The	87165
county board shall release only the individual's name, the general	87166
nature of the programs or services to be provided the individual,	87167
the individual's rank on each waiting list that includes the	87168
individual, and any circumstances under which the individual was	87169
given priority when placed on a waiting list.	87170

(4) Disclosure of the identity of an individual who is an	87171
eligible person is needed for treatment of or payment for services	87172
provided to the individual.	87173

(C) ~~A board or entity that discloses an individual's identity~~	87174
~~or releases a record or report regarding an eligible person shall~~	87175
~~maintain a record of when and to whom the disclosure or release~~	87176
~~was made.~~	87177

~~(D)~~(1) At the request of an eligible person or the person's	87178
guardian or, if the eligible person is a minor, the person's	87179
parent or guardian, a county board or entity under contract with a	87180
county board shall provide the person who made the request access	87181
to records and reports regarding the eligible person. On written	87182
request, the county board or entity shall provide copies of the	87183
records and reports to the eligible person, guardian, or parent.	87184
The county board or entity may charge a reasonable fee to cover	87185
the costs of copying. The county board or entity may waive the fee	87186
in cases of hardship.	87187

(2) A county board shall provide access to any waiting list	87188
or record or report regarding an eligible person maintained by the	87189
board to any state agency responsible for monitoring and reviewing	87190
programs and services provided or arranged by the county board,	87191
any state agency involved in the coordination of services for an	87192
eligible person, and any agency under contract with the department	87193
of mental retardation and developmental disabilities for the	87194
provision of protective service pursuant to section 5123.56 of the	87195
Revised Code.	87196

(3) When an eligible person who requests programs or services	87197
under this chapter dies, the county board or entity under contract	87198
with the county board, shall, on written request, provide to both	87199
of the following persons any reports and records in the board or	87200
entity's possession concerning the eligible person:	87201

(a) If the report or records are necessary to administer the	87202
estate of the person who is the subject of the reports or records,	87203
to the executor or administrator of the person's estate;	87204

(b) To the guardian of the person who is the subject of the	87205
reports or records or, if the individual had no guardian at the	87206
time of death, to a person in the first applicable of the	87207
following categories:	87208

(i) The person's spouse;

87209

(ii) The person's children;

87210

(iii) The person's parents;

87211

(iv) The person's brothers or sisters;

87212

(v) The person's uncles or aunts;

87213

(vi) The person's closest relative by blood or adoption;

87214

(vii) The person's closest relative by marriage.

87215

The county board or entity shall provide the reports and	87216
records as required by division ~~(D)~~(C)(3) of this section not	87217
later than thirty days after receipt of the request.	87218

~~(E)~~(D) A county board shall notify an eligible person, the	87219
person's guardian, or, if the eligible person is a minor, the	87220
person's parent or guardian, prior to destroying any record or	87221
report regarding the eligible person.	87222

Sec. 5126.05. (A) Subject to the rules established by the	87223
director of mental retardation and developmental disabilities	87224
pursuant to Chapter 119. of the Revised Code for programs and	87225
services offered pursuant to this chapter, and subject to the	87226
rules established by the state board of education pursuant to	87227
Chapter 119. of the Revised Code for programs and services offered	87228
pursuant to Chapter 3323. of the Revised Code, the county board of	87229
mental retardation and developmental disabilities shall:	87230

(1) Administer and operate facilities, programs, and services	87231
as provided by this chapter and Chapter 3323. of the Revised Code	87232
and establish policies for their administration and operation;	87233

(2) Coordinate, monitor, and evaluate existing services and	87234
facilities available to individuals with mental retardation and	87235
developmental disabilities;	87236

(3) Provide early childhood services, supportive home	87237
services, and adult services, according to the plan and priorities	87238
developed under section 5126.04 of the Revised Code;	87239

(4) Provide or contract for special education services	87240
pursuant to Chapters 3306., 3317., and 3323. of the Revised Code	87241
and ensure that related services, as defined in section 3323.01 of	87242
the Revised Code, are available according to the plan and	87243
priorities developed under section 5126.04 of the Revised Code;	87244

(5) Adopt a budget, authorize expenditures for the purposes	87245
specified in this chapter and do so in accordance with section	87246
319.16 of the Revised Code, approve attendance of board members	87247
and employees at professional meetings and approve expenditures	87248
for attendance, and exercise such powers and duties as are	87249
prescribed by the director;	87250

(6) Submit annual reports of its work and expenditures,	87251
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	87252
the director, the superintendent of public instruction, and the	87253
board of county commissioners at the close of the fiscal year and	87254
at such other times as may reasonably be requested;	87255

(7) Authorize all positions of employment, establish	87256
compensation, including but not limited to salary schedules and	87257
fringe benefits for all board employees, approve contracts of	87258
employment for management employees that are for a term of more	87259
than one year, employ legal counsel under section 309.10 of the	87260
Revised Code, and contract for employee benefits;	87261

(8) Provide service and support administration in accordance	87262
with section 5126.15 of the Revised Code;	87263

(9) Certify respite care homes pursuant to rules adopted	87264
under section 5123.171 of the Revised Code by the director of	87265
mental retardation and developmental disabilities.	87266

(B) To the extent that rules adopted under this section apply	87267
to the identification and placement of children with disabilities	87268
under Chapter 3323. of the Revised Code, they shall be consistent	87269
with the standards and procedures established under sections	87270
3323.03 to 3323.05 of the Revised Code.	87271

(C) Any county board may enter into contracts with other such	87272
boards and with public or private, nonprofit, or profit-making	87273
agencies or organizations of the same or another county, to	87274
provide the facilities, programs, and services authorized or	87275
required, upon such terms as may be agreeable, and in accordance	87276
with this chapter and Chapter 3323. of the Revised Code and rules	87277
adopted thereunder and in accordance with sections 307.86 and	87278
5126.071 of the Revised Code.	87279

(D) A county board may combine transportation for children	87280
and adults enrolled in programs and services offered under section	87281
5126.12 with transportation for children enrolled in classes	87282
funded under section 3317.20 or units approved under section	87283
3317.05 of the Revised Code.	87284

(E) A county board may purchase all necessary insurance	87285
policies, may purchase equipment and supplies through the	87286
department of administrative services or from other sources, and	87287
may enter into agreements with public agencies or nonprofit	87288
organizations for cooperative purchasing arrangements.	87289

(F) A county board may receive by gift, grant, devise, or	87290
bequest any moneys, lands, or property for the benefit of the	87291
purposes for which the board is established and hold, apply, and	87292
dispose of the moneys, lands, and property according to the terms	87293
of the gift, grant, devise, or bequest. All money received by	87294
gift, grant, bequest, or disposition of lands or property received	87295
by gift, grant, devise, or bequest shall be deposited in the	87296
county treasury to the credit of such board and shall be available	87297
for use by the board for purposes determined or stated by the	87298
donor or grantor, but may not be used for personal expenses of the	87299
board members. Any interest or earnings accruing from such gift,	87300
grant, devise, or bequest shall be treated in the same manner and	87301
subject to the same provisions as such gift, grant, devise, or	87302
bequest.	87303

(G) The board of county commissioners shall levy taxes and	87304
make appropriations sufficient to enable the county board of	87305
mental retardation and developmental disabilities to perform its	87306
functions and duties, and may utilize any available local, state,	87307
and federal funds for such purpose.	87308

Sec. 5126.054. (A) Each county board of mental retardation	87309
and developmental disabilities shall, by resolution, develop a	87310
three-calendar year plan that includes the following three	87311
components:	87312

(1) An assessment component that includes all of the	87313
following:	87314

(a) The number of individuals with mental retardation or	87315
other developmental disability residing in the county who need the	87316
level of care provided by an intermediate care facility for the	87317
mentally retarded, may seek home and community-based services, are	87318
given priority for the services pursuant to division (D) of	87319
section 5126.042 of the Revised Code; the service needs of those	87320
individuals; and the projected annualized cost for services;	87321

(b) The source of funds available to the county board to pay	87322
the nonfederal share of medicaid expenditures that the county	87323
board is required by sections 5126.059 and 5126.0510 of the	87324
Revised Code to pay;	87325

(c) Any other applicable information or conditions that the	87326
department of mental retardation and developmental disabilities	87327
requires as a condition of approving the component under section	87328
5123.046 of the Revised Code.	87329

(2) (A preliminary implementation component that specifies	87330
the number of individuals to be provided, during the first year	87331
that the plan is in effect, home and community-based services	87332
pursuant to the priority given to them under divisions (D)(1) and	87333
(2) of section 5126.042 of the Revised Code and the types of home	87334
and community-based services the individuals are to receive;	87335

(3) A component that provides for the implementation of	87336
medicaid case management services and home and community-based	87337
services for individuals who begin to receive the services on or	87338
after the date the plan is approved under section 5123.046 of the	87339
Revised Code. A county board shall include all of the following in	87340
the component:	87341

(a) If the department of mental retardation and developmental	87342
disabilities or department of job and family services requires, an	87343
agreement to pay the nonfederal share of medicaid expenditures	87344
that the county board is required by sections 5126.059 and	87345
5126.0510 of the Revised Code to pay;	87346

(b) How the services are to be phased in over the period the	87347
plan covers, including how the county board will serve individuals	87348
on a waiting list established under division (C) of section	87349
5126.042 who are given priority status under division (D)(1) of	87350
that section;	87351

(c) Any agreement or commitment regarding the county board's	87352
funding of home and community-based services that the county board	87353
has with the department at the time the county board develops the	87354
component;	87355

(d) Assurances adequate to the department that the county	87356
board will comply with all of the following requirements:	87357

(i) To provide the types of home and community-based services	87358
specified in the preliminary implementation component required by	87359
division (A)(2) of this section to at least the number of	87360
individuals specified in that component;	87361

(ii) To use any additional funds the county board receives	87362
for the services to improve the county board's resource	87363
capabilities for supporting such services available in the county	87364
at the time the component is developed and to expand the services	87365
to accommodate the unmet need for those services in the county;	87366

(iii) To employ or contract with a business manager ~~who is~~	87367
~~either a new employee who has earned at least a bachelor's degree~~	87368
~~in business administration or a current employee who has the~~	87369
~~equivalent experience of a bachelor's degree in business~~	87370
~~administration~~or enter into an agreement with another county	87371
board of mental retardation and developmental disabilities that	87372
employs or contracts with a business manager to have the business	87373
manager serve both county boards. ~~If the county board will employ~~	87374
~~a new employee, the county board shall include in the component a~~	87375
~~timeline for employing the employee.~~No superintendent of a county	87376
board may serve as the county board's business manager.	87377

(iv) To employ or contract with a medicaid services manager	87378
~~who is either a new employee who has earned at least a bachelor's~~	87379
~~degree or a current employee who has the equivalent experience of~~	87380
~~a bachelor's degree~~or enter into an agreement with another county	87381
board of mental retardation and developmental disabilities that	87382
employs or contracts with a medicaid services manager to have the	87383
medicaid services manager serve both county boards. ~~If the county~~	87384
~~board will employ a new employee, the county board shall include~~	87385
~~in the component a timeline for employing the employee. Two or~~	87386
~~three county boards that have a combined total enrollment in~~	87387
~~county board services not exceeding one thousand individuals as~~	87388
~~determined pursuant to certifications made under division (B) of~~	87389
~~section 5126.12 of the Revised Code may satisfy this requirement~~	87390
~~by sharing the services of a medicaid services manager or using~~	87391
~~the services of a medicaid services manager employed by or under~~	87392
~~contract with a regional council that the county boards establish~~	87393
~~under section 5126.13 of the Revised Code.~~No superintendent of a	87394
county board may serve as the county board's medicaid services	87395
manager.	87396

(e) Programmatic and financial accountability measures and	87397
projected outcomes expected from the implementation of the plan;	87398

(f) Any other applicable information or conditions that the	87399
department requires as a condition of approving the component	87400
under section 5123.046 of the Revised Code.	87401

(B) A county board whose plan developed under division (A) of	87402
this section is approved by the department under section 5123.046	87403
of the Revised Code shall update and renew the plan in accordance	87404
with a schedule the department shall develop.	87405

Sec. 5126.055. (A) Except as provided in section 5126.056	87406
of the Revised Code, a county board of mental retardation and	87407
developmental disabilities has medicaid local administrative	87408
authority to, and shall, do all of the following for an individual	87409
with mental retardation or other developmental disability who	87410
resides in the county that the county board serves and seeks or	87411
receives home and community-based services:	87412

(1) Perform assessments and evaluations of the individual. As	87413
part of the assessment and evaluation process, the county board	87414
shall do all of the following:	87415

(a) Make a recommendation to the department of mental	87416
retardation and developmental disabilities on whether the	87417
department should approve or deny the individual's application for	87418
the services, including on the basis of whether the individual	87419
needs the level of care an intermediate care facility for the	87420
mentally retarded provides;	87421

(b) If the individual's application is denied because of the	87422
county board's recommendation and the individual requests a	87423
hearing under section 5101.35 of the Revised Code, present, with	87424
the department of mental retardation and developmental	87425
disabilities or department of job and family services, whichever	87426
denies the application, the reasons for the recommendation and	87427
denial at the hearing;	87428

(c) If the individual's application is approved, recommend to	87429
the departments of mental retardation and developmental	87430
disabilities and job and family services the services that should	87431
be included in the individual's individualized service plan and,	87432
if either department approves, reduces, denies, or terminates a	87433
service included in the individual's individualized service plan	87434
under section 5111.871 of the Revised Code because of the county	87435
board's recommendation, present, with the department that made the	87436
approval, reduction, denial, or termination, the reasons for the	87437
recommendation and approval, reduction, denial, or termination at	87438
a hearing under section 5101.35 of the Revised Code.	87439

(2) In accordance with the rules adopted under section	87440
5126.046 of the Revised Code, perform the county board's duties	87441
under that section regarding assisting the individual's right to	87442
choose a qualified and willing provider of the services and, at a	87443
hearing under section 5101.35 of the Revised Code, present	87444
evidence of the process for appropriate assistance in choosing	87445
providers;	87446

(3) If the county board is certified under section 5123.161	87447
of the Revised Code to provide the services and agrees to	87448
provide the services to the individual and the individual	87449
chooses the county board to provide the services, furnish, in	87450
accordance with the county board's medicaid provider agreement	87451
and for the authorized reimbursement rate, the services the	87452
individual requires;	87453

(4) Monitor the services provided to the individual and	87454
ensure the individual's health, safety, and welfare. The	87455
monitoring shall include quality assurance activities. If the	87456
county board provides the services, the department of mental	87457
retardation and developmental disabilities shall also monitor the	87458
services.	87459

(5) Develop, with the individual and the provider of the	87460
individual's services, an effective individualized service plan	87461
that includes coordination of services, recommend that the	87462
departments of mental retardation and developmental disabilities	87463
and job and family services approve the plan, and implement the	87464
plan unless either department disapproves it;. The individualized	87465
service plan shall include a summary page, agreed to by the county	87466
board, provider, and individual receiving services, that clearly	87467
outlines the amount, duration, and scope of services to be	87468
provided under the plan.	87469

(6) Have an investigative agent conduct investigations under	87470
section 5126.313 of the Revised Code that concern the individual;	87471

(7) Have a service and support administrator perform the	87472
duties under division (B)(9) of section 5126.15 of the Revised	87473
Code that concern the individual.	87474

(B) A county board shall perform its medicaid local	87475
administrative authority under this section in accordance with all	87476
of the following:	87477

(1) The county board's plan that the department of mental	87478
retardation and developmental disabilities approves under section	87479
5123.046 of the Revised Code;	87480

(2) All applicable federal and state laws;

87481

(3) All applicable policies of the departments of mental	87482
retardation and developmental disabilities and job and family	87483
services and the United States department of health and human	87484
services;	87485

(4) The department of job and family services' supervision	87486
under its authority under section 5111.01 of the Revised Code to	87487
act as the single state medicaid agency;	87488

(5) The department of mental retardation and developmental	87489
disabilities' oversight.	87490

(C) The departments of mental retardation and developmental	87491
disabilities and job and family services shall communicate with	87492
and provide training to county boards regarding medicaid local	87493
administrative authority granted by this section. The	87494
communication and training shall include issues regarding audit	87495
protocols and other standards established by the United States	87496
department of health and human services that the departments	87497
determine appropriate for communication and training. County	87498
boards shall participate in the training. The departments shall	87499
assess the county board's compliance against uniform standards	87500
that the departments shall establish.	87501

(D) A county board may not delegate its medicaid local	87502
administrative authority granted under this section but may	87503
contract with a person or government entity, including a council	87504
of governments, for assistance with its medicaid local	87505
administrative authority. A county board that enters into such a	87506
contract shall notify the director of mental retardation and	87507
developmental disabilities. The notice shall include the tasks and	87508
responsibilities that the contract gives to the person or	87509
government entity. The person or government entity shall comply in	87510
full with all requirements to which the county board is subject	87511
regarding the person or government entity's tasks and	87512
responsibilities under the contract. The county board remains	87513
ultimately responsible for the tasks and responsibilities.	87514

(E) A county board that has medicaid local administrative	87515
authority under this section shall, through the departments of	87516
mental retardation and developmental disabilities and job and	87517
family services, reply to, and cooperate in arranging compliance	87518
with, a program or fiscal audit or program violation exception	87519
that a state or federal audit or review discovers. The department	87520
of job and family services shall timely notify the department of	87521
mental retardation and developmental disabilities and the county	87522
board of any adverse findings. After receiving the notice, the	87523
county board, in conjunction with the department of mental	87524
retardation and developmental disabilities, shall cooperate fully	87525
with the department of job and family services and timely prepare	87526
and send to the department a written plan of correction or	87527
response to the adverse findings. The county board is liable for	87528
any adverse findings that result from an action it takes or fails	87529
to take in its implementation of medicaid local administrative	87530
authority.	87531

(F) If the department of mental retardation and developmental	87532
disabilities or department of job and family services determines	87533
that a county board's implementation of its medicaid local	87534
administrative authority under this section is deficient, the	87535
department that makes the determination shall require that county	87536
board do the following:	87537

(1) If the deficiency affects the health, safety, or welfare	87538
of an individual with mental retardation or other developmental	87539
disability, correct the deficiency within twenty-four hours;	87540

(2) If the deficiency does not affect the health, safety, or	87541
welfare of an individual with mental retardation or other	87542
developmental disability, receive technical assistance from the	87543
department or submit a plan of correction to the department that	87544
is acceptable to the department within sixty days and correct the	87545
deficiency within the time required by the plan of correction.	87546

Sec. 5126.0512. (A) As used in this section, "medicaid	87547
waiver component" means a medicaid waiver component as defined in	87548
section 5111.85 of the Revised Code under which home and	87549
community-based services are provided.	87550

(B) Effective July 1, 2007, and except as provided in rules	87551
adopted under section 5123.0413 of the Revised Code, each county	87552
board of mental retardation and developmental disabilities shall	87553
ensure, for each medicaid waiver component, that the number of	87554
individuals eligible under section 5126.041 of the Revised Code	87555
for services from the county board who are enrolled in a medicaid	87556
waiver component is no less than the sum of the following:	87557

(1) The number of individuals eligible for services from the	87558
county board who are enrolled in the medicaid waiver component on	87559
June 30, 2007;	87560

(2) The number of medicaid waiver component slots the county	87561
board requested before July 1, 2007, that were assigned to the	87562
county board before that date but in which no individual was	87563
enrolled before that date.	87564

(C) An individual enrolled in a medicaid waiver component	87565
after March 1, 2007, due to an emergency reserve capacity waiver	87566
assignment shall not be counted in determining the number of	87567
individuals a county board must ensure under division (B) of this	87568
section are enrolled in a medicaid waiver component.	87569

(D) An individual who is enrolled in a medicaid waiver	87570
component to comply with the terms of the consent order filed	87571
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	87572
the United States district court for the southern district of	87573
Ohio, eastern division, shall be excluded in determining whether a	87574
county board has complied with division (B) of this section.	87575

(E) A county board shall make as many requests for	87576
individuals to be enrolled in a medicaid waiver component as	87577
necessary for the county board to comply with division (B) of this	87578
section.	87579

Sec. 5126.19. (A) The director of mental retardation and	87580
developmental disabilities may grant temporary funding from the	87581
community mental retardation and developmental disabilities trust	87582
fund based on allocations to county boards of mental retardation	87583
and developmental disabilities. The director may distribute all or	87584
part of the funding directly to a county board, the persons who	87585
provide the services for which the funding is granted, or persons	87586
with mental retardation or developmental disabilities who are to	87587
receive those services.	87588

(B) Funding granted under division (A) of this section shall	87589
be granted according to the availability of moneys in the fund and	87590
priorities established by the director. Funding may be granted for	87591
any of the following purposes:	87592

(1) Behavioral or short-term interventions for persons with	87593
mental retardation or developmental disabilities that assist them	87594
in remaining in the community by preventing institutionalization;	87595

(2) Emergency respite care services, as defined in section	87596
5126.11 of the Revised Code;	87597

(3) Family support services provided under section 5126.11 of	87598
the Revised Code;	87599

(4) Supported living, as defined in section 5126.01 of the	87600
Revised Code;	87601

(5) Staff training for county board employees, employees of	87602
providers of residential services as defined in section 5126.01 of	87603
the Revised Code, and other personnel under contract with a county	87604
board, to provide the staff with necessary training in serving	87605
mentally retarded or developmentally disabled persons in the	87606
community;	87607

(6) Short-term provision of early childhood services provided	87608
under section 5126.05, adult services provided under sections	87609
5126.05 and 5126.051, and service and support administration	87610
provided under section 5126.15 of the Revised Code, when local	87611
moneys are insufficient to meet the need for such services due to	87612
the successive failure within a two-year period of three or more	87613
proposed levies for the services;	87614

(7) Contracts with providers of residential services to	87615
maintain persons with mental retardation and developmental	87616
disabilities in their programs and avoid institutionalization.	87617

(C) If the trust fund contains more than ten million dollars	87618
on the first day of July the director shall use one million	87619
dollars for payments under section 5126.18 of the Revised Code,	87620
two million dollars for subsidies to county boards for supported	87621
living, and one million dollars for subsidies to county boards	87622
for early childhood services and adult services provided under	87623
section 5126.05 of the Revised Code. Distributions of funds under	87624
this division shall be made prior to August 31 of the state fiscal	87625
year in which the funds are available. The funds shall be	87626
allocated to a county board in an amount equal to the same	87627
percentage of the total amount allocated to the county board the	87628
immediately preceding state fiscal year.	87629

~~(D) In addition to making grants under division (A) of this~~	87630
~~section, the director may use money available in the trust fund~~	87631
~~for the same purposes that rules adopted under section 5123.0413~~	87632
~~of the Revised Code provide for money in the state MR/DD risk fund~~	87633
~~and the state insurance against MR/DD risk fund, both created~~	87634
~~under that section, to be used.~~	87635

Sec. 5126.24. (A) As used in this section:

87636

(1) "License" means an educator license issued by the state	87637
board of education under section 3319.22 of the Revised Code or a	87638
certificate issued by the department of mental retardation and	87639
developmental disabilities.	87640

(2) "Teacher" means a person employed by a county board of	87641
mental retardation and developmental disabilities in a position	87642
that requires a license.	87643

(3) "Nonteaching employee" means a person employed by a	87644
county board of mental retardation and developmental disabilities	87645
in a position that does not require a license.	87646

(4) "Years of service" includes all service described in	87647
division (A) of section 3317.13 of the Revised Code.	87648

(B) Subject to rules established by the director of mental	87649
retardation and developmental disabilities pursuant to Chapter	87650
119. of the Revised Code, each county board of mental retardation	87651
and developmental disabilities shall annually adopt separate	87652
salary schedules for teachers and nonteaching employees.	87653

(C) The teachers' salary schedule shall provide for	87654
increments based on training and years of service. The board may	87655
establish its own service requirements provided no teacher	87656
receives less than the salary the teacher would be paid under	87657
section 3317.13 of the Revised Code if the teacher were employed	87658
by a school district board of education and provided full credit	87659
for a minimum of five years of actual teaching and military	87660
experience as defined in division (A) of such section is given to	87661
each teacher.	87662

Each teacher who has completed training that would qualify	87663
the teacher for a higher salary bracket pursuant to this section	87664
shall file by the fifteenth day of September with the fiscal	87665
officer of the board, satisfactory evidence of the completion of	87666
such additional training. The fiscal officer shall then	87667
immediately place the teacher, pursuant to this section, in the	87668
proper salary bracket in accordance with training and years of	87669
service. No teacher shall be paid less than the salary to which	87670
the teacher would be entitled under section 3317.13 of the Revised	87671
Code if the teacher were employed by a school district board of	87672
education.	87673

The superintendent of each county board, on or before the	87674
fifteenth day of October of each year, shall certify to the state	87675
board of education the name of each teacher employed, on an annual	87676
salary, in each special education program operated pursuant to	87677
section 3323.09 of the Revised Code during the first full school	87678
week of October. The superintendent further shall certify, for	87679
each teacher, the number of years of training completed at a	87680
recognized college, the degrees earned from a college recognized	87681
by the state board, the type of license held, the number of months	87682
employed by the board, the annual salary, and other information	87683
that the state board may request.	87684

(D) The nonteaching employees' salary schedule established by	87685
the board shall be based on training, experience, and	87686
qualifications with initial salaries no less than salaries in	87687
effect on July 1, 1985. Each board shall prepare and may amend	87688
from time to time, specifications descriptive of duties,	87689
responsibilities, requirements, and desirable qualifications of	87690
the classifications of employees required to perform the duties	87691
specified in the salary schedule. All nonteaching employees shall	87692
be notified of the position classification to which they are	87693
assigned and the salary for the classification. The compensation	87694
of all nonteaching employees working for a particular board shall	87695
be uniform for like positions except as compensation would be	87696
affected by salary increments based upon length of service.	87697

On the fifteenth day of October of each year the nonteaching	87698
employees' salary schedule and list of job classifications and	87699
salaries in effect on that date shall be filed by each board with	87700
the superintendent of public instruction. If such salary schedule	87701
and classification plan is not filed, the superintendent of public	87702
instruction shall order the board to file such schedule and list	87703
forthwith. If this condition is not corrected within ten days	87704
after receipt of the order from the superintendent, no money shall	87705
be distributed to the district under Chapter 3306. or 3317. of the	87706
Revised Code until the superintendent has satisfactory evidence of	87707
the board's full compliance with such order.	87708

Sec. 5139.43. (A) The department of youth services shall	87709
operate a felony delinquent care and custody program that shall be	87710
operated in accordance with the formula developed pursuant to	87711
section 5139.41 of the Revised Code, subject to the conditions	87712
specified in this section.	87713

(B)(1) Each juvenile court shall use the moneys disbursed to	87714
it by the department of youth services pursuant to division (B) of	87715
section 5139.41 of the Revised Code in accordance with the	87716
applicable provisions of division (B)(2) of this section and shall	87717
transmit the moneys to the county treasurer for deposit in	87718
accordance with this division. The county treasurer shall create	87719
in the county treasury a fund that shall be known as the felony	87720
delinquent care and custody fund and shall deposit in that fund	87721
the moneys disbursed to the juvenile court pursuant to division	87722
(B) of section 5139.41 of the Revised Code. The county treasurer	87723
also shall deposit into that fund the state subsidy funds granted	87724
to the county pursuant to section 5139.34 of the Revised Code. The	87725
moneys disbursed to the juvenile court pursuant to division (B) of	87726
section 5139.41 of the Revised Code and deposited pursuant to this	87727
division in the felony delinquent care and custody fund shall not	87728
be commingled with any other county funds except state subsidy	87729
funds granted to the county pursuant to section 5139.34 of the	87730
Revised Code; shall not be used for any capital construction	87731
projects; upon an order of the juvenile court and subject to	87732
appropriation by the board of county commissioners, shall be	87733
disbursed to the juvenile court for use in accordance with the	87734
applicable provisions of division (B)(2) of this section; shall	87735
not revert to the county general fund at the end of any fiscal	87736
year; and shall carry over in the felony delinquent care and	87737
custody fund from the end of any fiscal year to the next fiscal	87738
year. AtThe maximum balance carry-over at the end of each	87739
respective fiscal year~~, beginning June 30, 2008, the balance~~ in	87740
the felony delinquent care and custody fund in any county ~~shall~~	87741
~~not exceed the total moneys~~from funds allocated to the county	87742
pursuant to sections 5139.34 and 5139.41 of the Revised Code	87743
~~during~~in the previous fiscal year shall not exceed an amount to	87744
be calculated as provided in the formula set forth in this	87745
division, unless that county has applied for and been granted an	87746
exemption by the director of youth services. Beginning June 30,	87747
2008, the maximum balance carry-over at the end of each respective	87748
fiscal year shall be determined by the following formula: for	87749
fiscal year 2008, the maximum balance carry-over shall be one	87750
hundred per cent of the allocation for fiscal year 2007, to be	87751
applied in determining the fiscal year 2009 allocation; for fiscal	87752
year 2009, it shall be fifty per cent of the allocation for fiscal	87753
year 2008, to be applied in determining the fiscal year 2010	87754
allocation; for fiscal year 2010, it shall be twenty-five per cent	87755
of the allocation for fiscal year 2009, to be applied in	87756
determining the fiscal year 2011 allocation; and for each fiscal	87757
year subsequent to fiscal year 2010, it shall be twenty-five per	87758
cent of the allocation for the immediately preceding fiscal year,	87759
to be applied in determining the allocation for the next immediate	87760
fiscal year. The department shall withhold from future payments to	87761
a county an amount equal to any moneys in the felony delinquent	87762
care and custody fund of the county that exceed the total ~~moneys~~	87763
~~allocated pursuant to those sections to the county during the~~	87764
~~preceding fiscal year~~maximum balance carry-over that applies for	87765
that county for the fiscal year in which the payments are being	87766
made and shall reallocate the withheld amount. The department	87767
shall adopt rules for the withholding and reallocation of moneys	87768
disbursed under sections 5139.34 and 5139.41 of the Revised Code	87769
and for the criteria and process for a county to obtain an	87770
exemption from the withholding requirement. The moneys disbursed	87771
to the juvenile court pursuant to division (B) of section 5139.41	87772
of the Revised Code and deposited pursuant to this division in	87773
the felony delinquent care and custody fund shall be in addition	87774
to, and shall not be used to reduce, any usual annual increase in	87775
county funding that the juvenile court is eligible to receive or	87776
the current level of county funding of the juvenile court and of	87777
any programs or services for delinquent children, unruly	87778
children, or juvenile traffic offenders.	87779

(2)(a) A county and the juvenile court that serves the county	87780
shall use the moneys in its felony delinquent care and custody	87781
fund in accordance with rules that the department of youth	87782
services adopts pursuant to division (D) of section 5139.04 of the	87783
Revised Code and as follows:	87784

(i) The moneys in the fund that represent state subsidy funds	87785
granted to the county pursuant to section 5139.34 of the Revised	87786
Code shall be used to aid in the support of prevention, early	87787
intervention, diversion, treatment, and rehabilitation programs	87788
that are provided for alleged or adjudicated unruly children or	87789
delinquent children or for children who are at risk of becoming	87790
unruly children or delinquent children. The county shall not use	87791
for capital improvements more than fifteen per cent of the moneys	87792
in the fund that represent the applicable annual grant of those	87793
state subsidy funds.	87794

(ii) The moneys in the fund that were disbursed to the	87795
juvenile court pursuant to division (B) of section 5139.41 of the	87796
Revised Code and deposited pursuant to division (B)(1) of this	87797
section in the fund shall be used to provide programs and services	87798
for the training, treatment, or rehabilitation of felony	87799
delinquents that are alternatives to their commitment to the	87800
department, including, but not limited to, community residential	87801
programs, day treatment centers, services within the home, and	87802
electronic monitoring, and shall be used in connection with	87803
training, treatment, rehabilitation, early intervention, or other	87804
programs or services for any delinquent child, unruly child, or	87805
juvenile traffic offender who is under the jurisdiction of the	87806
juvenile court.	87807

The fund also may be used for prevention, early intervention,	87808
diversion, treatment, and rehabilitation programs that are	87809
provided for alleged or adjudicated unruly children, delinquent	87810
children, or juvenile traffic offenders or for children who are at	87811
risk of becoming unruly children, delinquent children, or juvenile	87812
traffic offenders. Consistent with division (B)(1) of this	87813
section, a county and the juvenile court of a county shall not use	87814
any of those moneys for capital construction projects.	87815

(iii) Moneys in the fund shall not be used to support	87816
programs or services that do not comply with federal juvenile	87817
justice and delinquency prevention core requirements or to support	87818
programs or services that research has shown to be ineffective.	87819

(iv) The county and the juvenile court that serves the	87820
county may use moneys in the fund to provide out-of-home	87821
placement of children only in detention centers, community	87822
rehabilitation centers, or community corrections facilities	87823
approved by the department pursuant to standards adopted by the	87824
department, licensed by an authorized state agency, or accredited	87825
by the American correctional association or another national	87826
organization recognized by the department.	87827

(b) Each juvenile court shall comply with division (B)(3)(d)	87828
of this section as implemented by the department. If a juvenile	87829
court fails to comply with division (B)(3)(d) of this section, the	87830
department shall not be required to make any disbursements in	87831
accordance with division (C) or (D) of section 5139.41 or division	87832
(C)(2) of section 5139.34 of the Revised Code.	87833

(3) In accordance with rules adopted by the department	87834
pursuant to division (D) of section 5139.04 of the Revised Code,	87835
each juvenile court and the county served by that juvenile court	87836
shall do all of the following that apply:	87837

(a) The juvenile court shall prepare an annual grant	87838
agreement and application for funding that satisfies the	87839
requirements of this section and section 5139.34 of the Revised	87840
Code and that pertains to the use, upon an order of the juvenile	87841
court and subject to appropriation by the board of county	87842
commissioners, of the moneys in its felony delinquent care and	87843
custody fund for specified programs, care, and services as	87844
described in division (B)(2)(a) of this section, shall submit that	87845
agreement and application to the county family and children first	87846
council, the regional family and children first council, or the	87847
local intersystem services to children cluster as described in	87848
sections 121.37 and 121.38 of the Revised Code, whichever is	87849
applicable, and shall file that agreement and application with the	87850
department for its approval. The annual grant agreement and	87851
application for funding shall include a method of ensuring equal	87852
access for minority youth to the programs, care, and services	87853
specified in it.	87854

The department may approve an annual grant agreement and	87855
application for funding only if the juvenile court involved has	87856
complied with the preparation, submission, and filing requirements	87857
described in division (B)(3)(a) of this section. If the juvenile	87858
court complies with those requirements and the department approves	87859
that agreement and application, the juvenile court and the county	87860
served by the juvenile court may expend the state subsidy funds	87861
granted to the county pursuant to section 5139.34 of the Revised	87862
Code only in accordance with division (B)(2)(a) of this section,	87863
the rules pertaining to state subsidy funds that the department	87864
adopts pursuant to division (D) of section 5139.04 of the Revised	87865
Code, and the approved agreement and application.	87866

(b) By the thirty-first day of August of each year, the	87867
juvenile court shall file with the department a report that	87868
contains all of the statistical and other information for each	87869
month of the prior state fiscal year. If the juvenile court fails	87870
to file the report required by division (B)(3)(b) of this section	87871
by the thirty-first day of August of any year, the department	87872
shall not disburse any payment of state subsidy funds to which the	87873
county otherwise is entitled pursuant to section 5139.34 of the	87874
Revised Code and shall not disburse pursuant to division (B) of	87875
section 5139.41 of the Revised Code the applicable allocation	87876
until the juvenile court fully complies with division (B)(3)(b) of	87877
this section.	87878

(c) If the department requires the juvenile court to prepare	87879
monthly statistical reports and to submit the reports on forms	87880
provided by the department, the juvenile court shall file those	87881
reports with the department on the forms so provided. If the	87882
juvenile court fails to prepare and submit those monthly	87883
statistical reports within the department's timelines, the	87884
department shall not disburse any payment of state subsidy funds	87885
to which the county otherwise is entitled pursuant to section	87886
5139.34 of the Revised Code and shall not disburse pursuant to	87887
division (B) of section 5139.41 of the Revised Code the applicable	87888
allocation until the juvenile court fully complies with division	87889
(B)(3)(c) of this section. If the juvenile court fails to prepare	87890
and submit those monthly statistical reports within one hundred	87891
eighty days of the date the department establishes for their	87892
submission, the department shall not disburse any payment of state	87893
subsidy funds to which the county otherwise is entitled pursuant	87894
to section 5139.34 of the Revised Code and shall not disburse	87895
pursuant to division (B) of section 5139.41 of the Revised Code	87896
the applicable allocation, and the state subsidy funds and the	87897
remainder of the applicable allocation shall revert to the	87898
department. If a juvenile court states in a monthly statistical	87899
report that the juvenile court adjudicated within a state fiscal	87900
year five hundred or more children to be delinquent children for	87901
committing acts that would be felonies if committed by adults and	87902
if the department determines that the data in the report may be	87903
inaccurate, the juvenile court shall have an independent auditor	87904
or other qualified entity certify the accuracy of the data on a	87905
date determined by the department.	87906

(d) If the department requires the juvenile court and the	87907
county to participate in a fiscal monitoring program or another	87908
monitoring program that is conducted by the department to ensure	87909
compliance by the juvenile court and the county with division (B)	87910
of this section, the juvenile court and the county shall	87911
participate in the program and fully comply with any guidelines	87912
for the performance of audits adopted by the department pursuant	87913
to that program and all requests made by the department pursuant	87914
to that program for information necessary to reconcile fiscal	87915
accounting. If an audit that is performed pursuant to a fiscal	87916
monitoring program or another monitoring program described in this	87917
division determines that the juvenile court or the county used	87918
moneys in the county's felony delinquent care and custody fund for	87919
expenses that are not authorized under division (B) of this	87920
section, within forty-five days after the department notifies the	87921
county of the unauthorized expenditures, the county either shall	87922
repay the amount of the unauthorized expenditures from the county	87923
general revenue fund to the state's general revenue fund or shall	87924
file a written appeal with the department. If an appeal is timely	87925
filed, the director of the department shall render a decision on	87926
the appeal and shall notify the appellant county or its juvenile	87927
court of that decision within forty-five days after the date that	87928
the appeal is filed. If the director denies an appeal, the	87929
county's fiscal agent shall repay the amount of the unauthorized	87930
expenditures from the county general revenue fund to the state's	87931
general revenue fund within thirty days after receiving the	87932
director's notification of the appeal decision.	87933

(C) The determination of which county a reduction of the	87934
care and custody allocation will be charged against for a	87935
particular youth shall be made as outlined below for all youths	87936
who do not qualify as public safety beds. The determination of	87937
which county a reduction of the care and custody allocation will	87938
be charged against shall be made as follows until each youth is	87939
released:	87940

(1) In the event of a commitment, the reduction shall be	87941
charged against the committing county.	87942

(2) In the event of a recommitment, the reduction shall be	87943
charged against the original committing county until the	87944
expiration of the minimum period of institutionalization under the	87945
original order of commitment or until the date on which the youth	87946
is admitted to the department of youth services pursuant to the	87947
order of recommitment, whichever is later. Reductions of the	87948
allocation shall be charged against the county that recommitted	87949
the youth after the minimum expiration date of the original	87950
commitment.	87951

(3) In the event of a revocation of a release on parole, the	87952
reduction shall be charged against the county that revokes the	87953
youth's parole.	87954

(D) A juvenile court is not precluded by its allocation	87955
amount for the care and custody of felony delinquents from	87956
committing a felony delinquent to the department of youth services	87957
for care and custody in an institution or a community corrections	87958
facility when the juvenile court determines that the commitment is	87959
appropriate.	87960

Sec. 5155.38. As used in this section, "long-term care bed"	87961
has the same meaning as in section 3702.51 of the Revised Code.	87962

The operator of each county home and each county nursing home	87963
shall, not later than November 1, 2009, certify to the director of	87964
health the number of long-term care beds that were in operation in	87965
the home on July 1, 1993. The certification shall be accompanied	87966
by any documentation requested by the director.	87967

Sec. 5501.04. The following divisions are hereby established	87968
in the department of transportation:	87969

(A) The division of business services;

87970

(B) The division of engineering policy;

87971

87972

(D) The division of human resources;

87973

(E) The division of information technology;

87974

(F) The division of multi-modal planning and programs;

87975

(G) The division of project management;

87976

(H) The division of equal opportunity.

87977

The director of transportation shall distribute the duties,	87978
powers, and functions of the department among the divisions of the	87979
department.	87980

Each division shall be headed by a deputy director, whose	87981
title shall be designated by the director, and shall include those	87982
other officers and employees as may be necessary to carry out the	87983
work of the division. The director shall appoint the deputy	87984
director of each division, who shall be in the unclassified civil	87985
service of the state and shall serve at the pleasure of the	87986
director. The director shall supervise the work of each division	87987
and shall be responsible for the determination of general policies	87988
in the performance of the duties, powers, and functions of the	87989
department and of each division. The director shall have complete	87990
executive charge of the department, shall be responsible for the	87991
organization, direction, and supervision of the work of the	87992
department and the performance of the duties, powers, and	87993
functions assigned to each division, and may establish necessary	87994
administrative units therein. The deputy director of each	87995
division, with the approval of the director and subject to Chapter	87996
124. of the Revised Code, shall appoint the necessary employees of	87997
the division and may remove such employees for cause.	87998

The division of equal opportunity shall ensure that minority	87999
groups and all groups protected by state and federal civil rights	88000
laws are afforded equal opportunity to be recruited, trained, and	88001
work in the employment of or on projects of the department of	88002
transportation, and to participate in contracts awarded by the	88003
department. The director of transportation each year shall report	88004
to the governor and the general assembly on the division's	88005
activities and accomplishments.	88006

Sec. 5502.01. (A) The department of public safety shall	88007
administer and enforce the laws relating to the registration,	88008
licensing, sale, and operation of motor vehicles and the laws	88009
pertaining to the licensing of drivers of motor vehicles.	88010

The department shall compile, analyze, and publish statistics	88011
relative to motor vehicle accidents and the causes of them,	88012
prepare and conduct educational programs for the purpose of	88013
promoting safety in the operation of motor vehicles on the	88014
highways, and conduct research and studies for the purpose of	88015
promoting safety on the highways of this state.	88016

(B) The department shall administer the laws and rules	88017
relative to trauma and emergency medical services specified in	88018
Chapter 4765. of the Revised Code.	88019

(C) The department shall administer and enforce the laws	88020
contained in Chapters 4301. and 4303. of the Revised Code and	88021
enforce the rules and orders of the liquor control commission	88022
pertaining to retail liquor permit holders.	88023

(D) The department shall administer the laws governing the	88024
state emergency management agency and shall enforce all additional	88025
duties and responsibilities as prescribed in the Revised Code	88026
related to emergency management services.	88027

(E) The department shall conduct investigations pursuant to	88028
Chapter 5101. of the Revised Code in support of the duty of the	88029
department of job and family services to administer ~~food stamp~~	88030
~~programs~~the supplemental nutrition assistance program throughout	88031
this state. The department of public safety shall conduct	88032
investigations necessary to protect the state's property rights	88033
and interests in the ~~food stamp~~supplemental nutrition assistance	88034
program.	88035

(F) The department of public safety shall enforce compliance	88036
with orders and rules of the public utilities commission and	88037
applicable laws in accordance with Chapters 4919., 4921., and	88038
4923. of the Revised Code regarding commercial motor vehicle	88039
transportation safety, economic, and hazardous materials	88040
requirements.	88041

(G) Notwithstanding Chapter 4117. of the Revised Code, the	88042
department of public safety may establish requirements for its	88043
enforcement personnel, including its enforcement agents described	88044
in section 5502.14 of the Revised Code, that include standards of	88045
conduct, work rules and procedures, and criteria for eligibility	88046
as law enforcement personnel.	88047

(H) The department shall administer, maintain, and operate	88048
the Ohio criminal justice network. The Ohio criminal justice	88049
network shall be a computer network that supports state and local	88050
criminal justice activities. The network shall be an electronic	88051
repository for various data, which may include arrest warrants,	88052
notices of persons wanted by law enforcement agencies, criminal	88053
records, prison inmate records, stolen vehicle records, vehicle	88054
operator's licenses, and vehicle registrations and titles.	88055

(I) The department shall coordinate all homeland security	88056
activities of all state agencies and shall be a liaison between	88057
state agencies and local entities for those activities and related	88058
purposes.	88059

(J) Beginning July 1, 2004, the department shall administer	88060
and enforce the laws relative to private investigators and	88061
security service providers specified in Chapter 4749. of the	88062
Revised Code.	88063

(K) The department shall administer criminal justice services	88064
in accordance with sections 5502.61 to 5502.66 of the Revised	88065
Code.	88066

Sec. 5502.14. (A) As used in this section, "felony" has the	88067
same meaning as in section 109.511 of the Revised Code.	88068

(B)(1) Any person who is employed by the department of public	88069
safety and designated by the director of public safety to enforce	88070
Title XLIII of the Revised Code, the rules adopted under it, and	88071
the laws and rules regulating the use of ~~food stamps~~supplemental	88072
nutrition assistance program benefits shall be known as an	88073
enforcement agent. The employment by the department of public	88074
safety and the designation by the director of public safety of a	88075
person as an enforcement agent shall be subject to division (D) of	88076
this section. An enforcement agent has the authority vested in	88077
peace officers pursuant to section 2935.03 of the Revised Code to	88078
keep the peace, to enforce all applicable laws and rules on any	88079
retail liquor permit premises, or on any other premises of public	88080
or private property, where a violation of Title XLIII of the	88081
Revised Code or any rule adopted under it is occurring, and to	88082
enforce all laws and rules governing the use of ~~food stamp coupons~~	88083
supplemental nutrition assistance program benefits, women,	88084
infants, and children's coupons, electronically transferred	88085
benefits, or any other access device that is used alone or in	88086
conjunction with another access device to obtain payments,	88087
allotments, benefits, money, goods, or other things of value, or	88088
that can be used to initiate a transfer of funds, pursuant to the	88089
~~food stamp~~supplemental nutrition assistance program established	88090
under the "Food ~~Stamp~~and Nutrition Act of ~~1977," 91 Stat. 958,~~	88091
2008 (7 U.S.C.A. 2011~~, as amended,~~et seq.) or any supplemental	88092
food program administered by any department of this state pursuant	88093
to the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A.	88094
1786. Enforcement agents, in enforcing compliance with the laws	88095
and rules described in this division, may keep the peace and make	88096
arrests for violations of those laws and rules.	88097

(2) In addition to the authority conferred by division (B)(1)	88098
of this section, an enforcement agent also may execute search	88099
warrants and seize and take into custody any contraband, as	88100
defined in section 2901.01 of the Revised Code, or any property	88101
that is otherwise necessary for evidentiary purposes related to	88102
any violations of the laws or rules described in division (B)(1)	88103
of this section. An enforcement agent may enter public or private	88104
premises where activity alleged to violate the laws or rules	88105
described in division (B)(1) of this section is occurring.	88106

(3) Enforcement agents who are on, immediately adjacent to,	88107
or across from retail liquor permit premises and who are	88108
performing investigative duties relating to that premises,	88109
enforcement agents who are on premises that are not liquor permit	88110
premises but on which a violation of Title XLIII of the Revised	88111
Code or any rule adopted under it allegedly is occurring, and	88112
enforcement agents who view a suspected violation of Title XLIII	88113
of the Revised Code, of a rule adopted under it, or of another law	88114
or rule described in division (B)(1) of this section have the	88115
authority to enforce the laws and rules described in division	88116
(B)(1) of this section, authority to enforce any section in Title	88117
XXIX of the Revised Code or any other section of the Revised Code	88118
listed in section 5502.13 of the Revised Code if they witness a	88119
violation of the section under any of the circumstances described	88120
in this division, and authority to make arrests for violations of	88121
the laws and rules described in division (B)(1) of this section	88122
and violations of any of those sections.	88123

(4) The jurisdiction of an enforcement agent under division	88124
(B) of this section shall be concurrent with that of the peace	88125
officers of the county, township, or municipal corporation in	88126
which the violation occurs.	88127

(C) Enforcement agents of the department of public safety who	88128
are engaged in the enforcement of the laws and rules described in	88129
division (B)(1) of this section may carry concealed weapons when	88130
conducting undercover investigations pursuant to their authority	88131
as law enforcement officers and while acting within the scope of	88132
their authority pursuant to this chapter.	88133

(D)(1) The department of public safety shall not employ, and	88134
the director of public safety shall not designate, a person as an	88135
enforcement agent on a permanent basis, on a temporary basis, for	88136
a probationary term, or on other than a permanent basis if the	88137
person previously has been convicted of or has pleaded guilty to a	88138
felony.	88139

(2)(a) The department of public safety shall terminate the	88140
employment of a person who is designated as an enforcement agent	88141
and who does either of the following:	88142

(i) Pleads guilty to a felony;

88143

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	88144
plea agreement as provided in division (D) of section 2929.43 of	88145
the Revised Code in which the enforcement agent agrees to	88146
surrender the certificate awarded to that agent under section	88147
109.77 of the Revised Code.	88148

(b) The department shall suspend the employment of a person	88149
who is designated as an enforcement agent if the person is	88150
convicted, after trial, of a felony. If the enforcement agent	88151
files an appeal from that conviction and the conviction is upheld	88152
by the highest court to which the appeal is taken or if no timely	88153
appeal is filed, the department shall terminate the employment of	88154
that agent. If the enforcement agent files an appeal that results	88155
in that agent's acquittal of the felony or conviction of a	88156
misdemeanor, or in the dismissal of the felony charge against the	88157
agent, the department shall reinstate the agent. An enforcement	88158
agent who is reinstated under division (D)(2)(b) of this section	88159
shall not receive any back pay unless the conviction of that agent	88160
of the felony was reversed on appeal, or the felony charge was	88161
dismissed, because the court found insufficient evidence to	88162
convict the agent of the felony.	88163

(3) Division (D) of this section does not apply regarding an	88164
offense that was committed prior to January 1, 1997.	88165

(4) The suspension or termination of the employment of a	88166
person designated as an enforcement agent under division (D)(2) of	88167
this section shall be in accordance with Chapter 119. of the	88168
Revised Code.	88169

Sec. 5502.15. Any funding provided or made available by the	88170
United States or by any agency designated and authorized by the	88171
United States government for the purposes of enforcing compliance	88172
with ~~food stamp~~supplemental nutrition assistance program laws	88173
shall be expended by the department of public safety for those	88174
purposes.	88175

Sec. 5505.06. (A) The members of the state highway patrol	88176
retirement board shall be the trustees of the funds created by	88177
section 5505.03 of the Revised Code. The board shall have full	88178
power to invest the funds. The board and other fiduciaries shall	88179
discharge their duties with respect to the funds solely in the	88180
interest of the participants and beneficiaries; for the exclusive	88181
purpose of providing benefits to participants and their	88182
beneficiaries and defraying reasonable expenses of administering	88183
the system; with care, skill, prudence, and diligence under the	88184
circumstances then prevailing that a prudent person acting in a	88185
like capacity and familiar with these matters would use in the	88186
conduct of an enterprise of a like character and with like aims;	88187
and by diversifying the investments of the system so as to	88188
minimize the risk of large losses, unless under the circumstances	88189
it is clearly prudent not to do so.	88190

To facilitate investment of the funds, the board may	88191
establish a partnership, trust, limited liability company,	88192
corporation, including a corporation exempt from taxation under	88193
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	88194
amended, or any other legal entity authorized to transact business	88195
in this state.	88196

(B) In exercising its fiduciary responsibility with respect	88197
to the investment of the funds, it shall be the intent of the	88198
board to give consideration to investments that enhance the	88199
general welfare of the state and its citizens where the	88200
investments offer quality, return, and safety comparable to other	88201
investments currently available to the board. In fulfilling this	88202
intent, equal consideration shall be given to investments	88203
otherwise qualifying under this section that involve minority	88204
owned and controlled firms and firms owned and controlled by	88205
women, either alone or in joint venture with other firms.	88206

The board shall adopt, in regular meeting, policies,	88207
objectives, or criteria for the operation of the investment	88208
program that include asset allocation targets and ranges, risk	88209
factors, asset class benchmarks, time horizons, total return	88210
objectives, and performance evaluation guidelines. In adopting	88211
policies and criteria for the selection of agents and investment	88212
managers with whom the board may contract for the administration	88213
of the funds, the board shall comply with sections 5505.062 and	88214
5505.064 of the Revised Code and ~~shall~~may also ~~give equal~~	88215
~~consideration to~~set aside approximately fifteen per cent of the	88216
contracts for minority owned and controlled firms, firms owned	88217
and controlled by women, and joint ventures involving minority	88218
owned and controlled firms and firms owned and controlled by women	88219
that otherwise meet the policies and criteria established by the	88220
board. Amendments and additions to the policies and criteria shall	88221
be adopted in regular meeting. The board shall publish its	88222
policies, objectives, and criteria under this provision no less	88223
often than annually and shall make copies available to interested	88224
parties.	88225

When reporting on the performance of investments, the board	88226
shall comply with the performance presentation standards	88227
established by the association for investment management and	88228
research.	88229

(C) All evidences of title of the investments purchased by	88230
the board shall be delivered to the treasurer of state, who is	88231
hereby designated as the custodian thereof, or to the treasurer of	88232
state's authorized agent. Evidences of title of the investments	88233
may be deposited by the treasurer of state for safekeeping with an	88234
authorized agent, selected by the treasurer of state, who is a	88235
qualified trustee under section 135.18 of the Revised Code. The	88236
treasurer of state shall collect the principal, interest,	88237
dividends, and distributions that become due and payable and, when	88238
collected, shall credit them to the custodial funds.	88239

The treasurer of state shall pay for the investments	88240
purchased by the board on receipt of written or electronic	88241
instructions from the board or the board's designated agent	88242
authorizing the purchase and pending receipt of the evidence of	88243
title of the investment by the treasurer of state or the treasurer	88244
of state's authorized agent. The board may sell investments held	88245
by the board, and the treasurer of state or the treasurer of	88246
state's authorized agent shall accept payment from the purchaser	88247
and deliver evidence of title of the investment to the purchaser	88248
on receipt of written or electronic instructions from the board or	88249
the board's designated agent authorizing the sale, and pending	88250
receipt of the moneys for the investments. The amount received	88251
shall be placed in the custodial funds. The board and the	88252
treasurer of state may enter into agreements to establish	88253
procedures for the purchase and sale of investments under this	88254
division and the custody of the investments.	88255

(D) All of the board's business shall be transacted, all its	88256
funds shall be invested, all warrants for money drawn and payments	88257
shall be made, and all of its cash, securities, and other property	88258
shall be held, in the name of the board or its nominee, provided	88259
that nominees are authorized by board resolution for the purpose	88260
of facilitating the ownership and transfer of investments.	88261

(E) No purchase or sale of any investment shall be made under	88262
this section except as authorized by the board.	88263

(F) Any statement of financial position distributed by the	88264
board shall include the fair value, as of the statement date, of	88265
all investments held by the board under this section.	88266

Sec. 5505.0611. (A) As used in this section:

88267

(1) "Minority business enterprise" has the meaning as defined	88268
in section 122.71 of the Revised Code.	88269

(2) "Ohio-qualified investment manager" means an investment	88270
manager who has been designated as such by the state highway	88271
patrol retirement board under division (A) of section 5505.0610	88272
of the Revised Code.	88273

(3) "Women's business enterprise" means a business, or a	88274
partnership, corporation, limited liability company, or joint	88275
venture of any kind, that is owned and controlled by women who	88276
are United States citizens and residents of this state.	88277

(B) The state highway patrol retirement board shall submit	88278
annually to the governor, to the general assembly (under section	88279
101.68 of the Revised Code), and to the Ohio retirement study	88280
council a report containing the following information:	88281

(1) The name of each Ohio-qualified investment manager that	88282
is a minority business enterprise or a women's business enterprise	88283
with which the board contracts;	88284

(2) The amount of assets managed by Ohio-qualified investment	88285
managers that are minority business enterprises or women's	88286
business enterprises, expressed as a percentage of assets managed	88287
by Ohio-qualified investment managers with which the board has	88288
contracted;	88289

(3) Efforts by the board to increase utilization of	88290
Ohio-qualified investment managers that are minority business	88291
enterprises or women's business enterprises.	88292

Sec. 5701.11. The effective date to which this section	88293
refers is the effective date of this section as amended by ~~Sub.~~	88294
H.B. ~~458~~1 of the ~~127th~~128th general assembly.	88295

(A)(1) Except as provided under division (A)(2) or (B) of	88296
this section, any reference in Title LVII of the Revised Code to	88297
the Internal Revenue Code, to the Internal Revenue Code "as	88298
amended," to other laws of the United States, or to other laws of	88299
the United States, "as amended," means the Internal Revenue Code	88300
or other laws of the United States as they exist on the effective	88301
date.	88302

(2) This section does not apply to any reference in Title	88303
LVII of the Revised Code to the Internal Revenue Code as of a date	88304
certain specifying the day, month, and year, or to other laws of	88305
the United States as of a date certain specifying the day, month,	88306
and year.	88307

(B)(1) For purposes of applying section 5733.04, 5745.01, or	88308
5747.01 of the Revised Code to a taxpayer's taxable year ending	88309
after December ~~21, 2007~~30, 2008, and before the effective date,	88310
a taxpayer may irrevocably elect to incorporate the provisions	88311
of the Internal Revenue Code or other laws of the United States	88312
that are in effect for federal income tax purposes for that	88313
taxable year if those provisions differ from the provisions	88314
that, under division (A) of this section, would otherwise apply.	88315
The filing by the taxpayer for that taxable year of a report or	88316
return that incorporates the provisions of the Internal Revenue	88317
Code or other laws of the United States applicable for federal	88318
income tax purposes for that taxable year, and that does not	88319
include any adjustments to reverse the effects of any	88320
differences between those provisions and the provisions that	88321
would otherwise apply, constitutes the making of an irrevocable	88322
election under this division for that taxable year.	88323

(2) Elections under prior versions of division (B)(1) of this	88324
section remain in effect for the taxable years to which they	88325
apply.	88326

Sec. 5703.05. All powers, duties, and functions of the	88327
department of taxation are vested in and shall be performed by the	88328
tax commissioner, which powers, duties, and functions shall	88329
include, but shall not be limited to, the following:	88330

(A) Prescribing all blank forms which the department is	88331
authorized to prescribe, and to provide such forms and distribute	88332
the same as required by law and the rules of the department. The	88333
tax commissioner shall include a mail-in registration form	88334
prescribed in section 3503.14 of the Revised Code within the	88335
return and instructions for the tax levied in odd-numbered years	88336
under section 5747.02 of the Revised Code, beginning with the tax	88337
levied for 1995. The secretary of state shall bear all costs for	88338
the inclusion of the mail-in registration form. That form shall be	88339
addressed for return to the office of the secretary of state.	88340

(B) Exercising the authority provided by law, including	88341
orders from bankruptcy courts, relative to remitting or refunding	88342
taxes or assessments, including penalties and interest thereon,	88343
illegally or erroneously assessed or collected, or for any other	88344
reason overpaid, and in addition, the commissioner may on written	88345
application of any person, firm, or corporation claiming to have	88346
overpaid to the treasurer of state at any time within five years	88347
prior to the making of such application any tax payable under any	88348
law which the department of taxation is required to administer	88349
which does not contain any provision for refund, or on the	88350
commissioner's own motion investigate the facts and make in	88351
triplicate a written statement of the commissioner's findings,	88352
and, if the commissioner finds that there has been an overpayment,	88353
issue in triplicate a certificate of abatement payable to the	88354
taxpayer, the taxpayer's assigns, or legal representative which	88355
shows the amount of the overpayment and the kind of tax overpaid.	88356
One copy of such statement shall be entered on the journal of the	88357
commissioner, one shall be certified to the attorney general, and	88358
one certified copy shall be delivered to the taxpayer. All copies	88359
of the certificate of abatement shall be transmitted to the	88360
attorney general, and if the attorney general finds it to be	88361
correct the attorney general shall so certify on each copy, and	88362
deliver one copy to the taxpayer, one copy to the commissioner,	88363
and the third copy to the treasurer of state. Except as provided	88364
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	88365
copy of any certificates of abatement may be tendered by the payee	88366
or transferee thereof to the treasurer of state as payment, to the	88367
extent of the amount thereof, of any tax payable to the treasurer	88368
of state.	88369

(C) Exercising the authority provided by law relative to	88370
consenting to the compromise and settlement of tax claims;	88371

(D) Exercising the authority provided by law relative to the	88372
use of alternative tax bases by taxpayers in the making of	88373
personal property tax returns;	88374

(E) Exercising the authority provided by law relative to	88375
authorizing the prepayment of taxes on retail sales of tangible	88376
personal property or on the storage, use, or consumption of	88377
personal property, and waiving the collection of such taxes from	88378
the consumers;	88379

(F) Exercising the authority provided by law to revoke	88380
licenses;	88381

(G) Maintaining a continuous study of the practical operation	88382
of all taxation and revenue laws of the state, the manner in which	88383
and extent to which such laws provide revenues for the support of	88384
the state and its political subdivisions, the probable effect upon	88385
such revenue of possible changes in existing laws, and the	88386
possible enactment of measures providing for other forms of	88387
taxation. For this purpose the commissioner may establish and	88388
maintain a division of research and statistics~~, and may appoint~~	88389
~~necessary employees who shall be in the unclassified civil~~	88390
~~service; the~~. The results of such study shall be available to the	88391
members of the general assembly and the public.	88392

(H) Making all tax assessments, valuations, findings,	88393
determinations, computations, and orders the department of	88394
taxation is by law authorized and required to make and, pursuant	88395
to time limitations provided by law, on the commissioner's own	88396
motion, reviewing, redetermining, or correcting any tax	88397
assessments, valuations, findings, determinations, computations,	88398
or orders the commissioner has made, but the commissioner shall	88399
not review, redetermine, or correct any tax assessment, valuation,	88400
finding, determination, computation, or order which the	88401
commissioner has made as to which an appeal or application for	88402
rehearing, review, redetermination, or correction has been filed	88403
with the board of tax appeals, unless such appeal or application	88404
is withdrawn by the appellant or applicant or dismissed;	88405

(I) Appointing not more than five deputy tax commissioners,	88406
who, under such regulations as the rules of the department of	88407
taxation prescribe, may act for the commissioner in the	88408
performance of such duties as the commissioner prescribes in the	88409
administration of the laws which the commissioner is authorized	88410
and required to administer, and who shall serve in the	88411
unclassified civil service at the pleasure of the commissioner,	88412
but if a person who holds a position in the classified service is	88413
appointed, it shall not affect the civil service status of such	88414
person. The commissioner may designate not more than two of the	88415
deputy commissioners to act as commissioner in case of the	88416
absence, disability, or recusal of the commissioner or vacancy in	88417
the office of commissioner. The commissioner may adopt rules	88418
relating to the order of precedence of such designated deputy	88419
commissioners and to their assumption and administration of the	88420
office of commissioner.	88421

(J) Appointing and prescribing the duties of all other	88422
employees of the department of taxation necessary in the	88423
performance of the work of the department which the tax	88424
commissioner is by law authorized and required to perform, and	88425
creating such divisions or sections of employees as, in the	88426
commissioner's judgment, is proper;	88427

(K) Organizing the work of the department, which the	88428
commissioner is by law authorized and required to perform, so	88429
that, in the commissioner's judgment, an efficient and economical	88430
administration of the laws will result;	88431

(L) Maintaining a journal, which is open to public	88432
inspection, in which the tax commissioner shall keep a record of	88433
all final determinations of the commissioner;	88434

(M) Adopting and promulgating, in the manner provided by	88435
section 5703.14 of the Revised Code, all rules of the department,	88436
including rules for the administration of sections 3517.16,	88437
3517.17, and 5747.081 of the Revised Code;	88438

(N) Destroying any or all returns or assessment certificates	88439
in the manner authorized by law;	88440

(O) Adopting rules, in accordance with division (B) of	88441
section 325.31 of the Revised Code, governing the expenditure of	88442
moneys from the real estate assessment fund under that division.	88443

Sec. 5703.37. ~~Whenever~~(A)(1) Except as provided in division	88444
(B) of this section, whenever service of a notice or order is	88445
required in the manner provided in this section, a ~~certified~~ copy	88446
of the ~~order or~~ notice or order shall be served upon the person	88447
affected thereby either by personal service or by certified mail.	88448
~~Within the time specified in an order of the department of~~	88449
~~taxation, every person upon whom it is served, if required by the~~	88450
~~order, shall notify the department, by personal service, certified~~	88451
~~mail, or a delivery service authorized under section 5703.056 of~~	88452
~~the Revised Code, whether the terms of the order are accepted and~~	88453
~~will be obeyed~~that notifies the tax commissioner of the date of	88454
delivery.	88455

(2) With the permission of the person affected by the notice	88456
or order, the commissioner may enter into a written agreement to	88457
deliver a notice or order by alternative means as provided in this	88458
section, including, but not limited to, delivery by secure	88459
electronic mail. Delivery by such means satisfies the requirements	88460
for delivery under this section.	88461

(B)(1)(a) If certified mail is returned because of an	88462
undeliverable address, the commissioner shall first utilize	88463
reasonable means to ascertain a new last known address, including	88464
the use of a change of address service offered by the United	88465
States postal service. An assessment is deemed final for the	88466
purposes of section 131.02 of the Revised Code sixty days after	88467
the notice or order sent by certified mail is first returned to	88468
the commissioner. If, after using reasonable means, the	88469
commissioner is unable to ascertain a new last known address, the	88470
commissioner shall certify the notice or order, if applicable, to	88471
the attorney general for collection under section 131.02 of the	88472
Revised Code.	88473

(b) Notwithstanding certification to the attorney general	88474
under division (B)(1)(a) of this section, once the commissioner or	88475
attorney general, or the designee of either, makes an initial	88476
contact with the person to whom the notice or order is directed,	88477
the person may protest an assessment by filing a petition for	88478
reassessment within sixty days after the initial contact. The	88479
certification of an assessment under division (B)(1)(a) of this	88480
section is prima-facie evidence that delivery is complete and that	88481
the notice or order is served.	88482

(2) If mailing of a notice or order by certified mail is	88483
returned for some cause other than an undeliverable address, the	88484
tax commissioner shall resend the notice or order by ordinary	88485
mail. The notice or order shall show the date the commissioner	88486
sends the notice or order and include the following statement:	88487

"This notice or order is deemed to be served on the addressee	88488
under applicable law ten days from the date this notice or order	88489
was mailed by the commissioner as shown on the notice or order,	88490
and all periods within which an appeal may be filed apply from and	88491
after that date."	88492

Unless the mailing is returned because of an undeliverable	88493
address, the mailing of that information is prima-facie evidence	88494
that delivery of the notice or order was completed ten days after	88495
the commissioner sent the notice or order by ordinary mail and	88496
that the notice or order was served.	88497

If the ordinary mail is subsequently returned because of an	88498
undeliverable address, the commissioner shall proceed under	88499
division (B)(1)(a) of this section. A person may challenge the	88500
presumption of delivery and service under this division in	88501
accordance with division (C) of this section.	88502

(C)(1) A person disputing the presumption of delivery and	88503
service under division (B) of this section bears the burden of	88504
proving by a preponderance of the evidence that the address to	88505
which the notice or order was sent was not an address with which	88506
the person was associated at the time the commissioner originally	88507
mailed the notice or order by certified mail. For the purposes of	88508
this section, a person is associated with an address if the person	88509
was residing or receiving legal documents at the address, or if a	88510
business was conducted at the address either by the person or the	88511
person's agent, or by any other person affiliated with the	88512
business, if the person owned or controlled at least twenty per	88513
cent of the business' ownership interests having voting rights.	88514

(2) If the person elects to protest an assessment certified	88515
to the attorney general for collection, the person must do so	88516
within sixty days after the attorney general's initial contact	88517
with the person. The attorney general must either enter into a	88518
compromise with the person under sections 131.02 and 5703.06 of	88519
the Revised Code, or send to the tax commissioner the person's	88520
petition for reassessment for action under the procedures	88521
prescribed by this title for petitions for reassessment.	88522

(D) Nothing in this section prohibits the tax commissioner or	88523
the commissioner's designee from delivering a notice or order by	88524
personal service.	88525

(E) Collection actions taken pursuant to section 131.02 of	88526
the Revised Code upon any assessment being challenged under	88527
division (B)(1)(b) of this section shall be stayed upon the	88528
pendency of an appeal under this section, but such a claim remains	88529
certified for subsequent collection by the attorney general for	88530
the purposes of this section and section 131.02 of the Revised	88531
Code.	88532

(F) As used in this section:

88533

(1) "Last known address" means the address the department has	88534
at the time the document is originally sent by certified mail, or	88535
any address the department can ascertain using reasonable means	88536
such as the use of a change of address service offered by the	88537
United States postal service.	88538

(2) "Undeliverable address" means an address to which the	88539
United States postal service is not able to deliver a notice or	88540
order, except when the reason for nondelivery is because the	88541
addressee fails to acknowledge or accept the notice or order.	88542

Sec. 5703.80. There is hereby created in the state treasury	88543
the property tax administration fund. All money to the credit of	88544
the fund shall be used to defray the costs incurred by the	88545
department of taxation in administering the taxation of property	88546
and the equalization of real property valuation.	88547

Each fiscal year between the first and fifteenth days of	88548
July, the tax commissioner shall compute the following amounts for	88549
the property in each taxing district in each county, and certify	88550
to the director of budget and management the sum of those amounts	88551
for all taxing districts in all counties:	88552

(A) For fiscal year ~~2006~~2010, ~~thirty-three~~forty-two	88553
hundredths of one per cent of the total amount by which taxes	88554
charged against real property on the general tax list of real and	88555
public utility property were reduced under section 319.302 of the	88556
Revised Code for the preceding tax year;	88557

(B) For fiscal year ~~2007~~2011 and thereafter, ~~thirty-five~~	88558
forty-eight hundredths of one per cent of the total amount by	88559
which taxes charged against real property on the general tax list	88560
of real and public utility property were reduced under section	88561
319.302 of the Revised Code for the preceding tax year;	88562

(C) For fiscal year ~~2006~~2010, ~~one-half~~eight-tenths of one	88563
per cent of the total amount of taxes charged and payable against	88564
public utility personal property on the general tax list of real	88565
and public utility property for the preceding tax year and of the	88566
total amount of taxes charged and payable against tangible	88567
personal property on the general tax list of personal property of	88568
the preceding tax year and for which returns were filed with the	88569
tax commissioner under section 5711.13 of the Revised Code;	88570

(D) For fiscal year ~~2007~~2011 and thereafter, ~~fifty-six~~	88571
~~hundredths~~nine hundred fifty-one thousandths of one per cent of	88572
the total amount of taxes charged and payable against public	88573
utility personal property on the general tax list of real and	88574
public utility property for the preceding tax year and of the	88575
total amount of taxes charged and payable against tangible	88576
personal property on the general tax list of personal property of	88577
the preceding tax year and for which returns were filed with the	88578
tax commissioner under section 5711.13 of the Revised Code;	88579

~~(E) For fiscal year 2008, six-tenths of one per cent of the~~	88580
~~total amount of taxes charged and payable against public utility~~	88581
~~personal property on the general tax list of real and public~~	88582
~~utility property for the preceding tax year and of the total~~	88583
~~amount of taxes charged and payable against tangible personal~~	88584
~~property on the general tax list of personal property of the~~	88585
~~preceding tax year and for which returns were filed with the tax~~	88586
~~commissioner under section 5711.13 of the Revised Code;~~	88587

~~(F) For fiscal year 2009 and thereafter, seven hundred~~	88588
~~twenty-five one-thousandths of one per cent of the total amount of~~	88589
~~taxes charged and payable against public utility personal property~~	88590
~~on the general tax list of real and public utility property for~~	88591
~~the preceding tax year and of the total amount of taxes charged~~	88592
~~and payable against tangible personal property on the general tax~~	88593
~~list of personal property of the preceding tax year and for which~~	88594
~~returns were filed with the tax commissioner under section 5711.13~~	88595
~~of the Revised Code~~.	88596

After receiving the tax commissioner's certification, the	88597
director of budget and management shall transfer from the general	88598
revenue fund to the property tax administration fund one-fourth of	88599
the amount certified on or before each of the following days: the	88600
first days of August, November, February, and May.	88601

On or before the thirtieth day of June of the fiscal year,	88602
the tax commissioner shall certify to the director of budget and	88603
management the sum of the amounts by which the amounts computed	88604
for a taxing district under this section exceeded the	88605
distributions to the taxing district under division (F) of section	88606
321.24 of the Revised Code, and the director shall transfer that	88607
sum from the property tax administration fund to the general	88608
revenue fund.	88609

Sec. 5705.214. Not more than three elections during any	88610
calendar year shall include the questions by a school district of	88611
tax levies proposed under any one or any combination of the	88612
following sections: sections 5705.194, 5705.199, 5705.21,	88613
5705.212, 5705.213, 5705.217, ~~and~~ 5705.218, and 5705.219 of the	88614
Revised Code.	88615

Sec. 5705.219. (A) As used in this section:

88616

(1) "Eligible school district" means a city, local, or	88617
exempted village school district in which the taxes charged and	88618
payable for current expenses on residential/agricultural real	88619
property in the tax year preceding the year in which the levy	88620
authorized by this section will be submitted for elector approval	88621
or rejection are greater than two per cent of the taxable value of	88622
the residential/agricultural real property.	88623

(2) "Residential/agricultural real property" and	88624
"nonresidential/agricultural real property" means the property	88625
classified as such under section 5713.041 of the Revised Code.	88626

(3) "Effective tax rate" and "taxes charged and payable" have	88627
the same meanings as in division (B) of section 319.301 of the	88628
Revised Code.	88629

(B) On or after January 1, 2010, but before January 1, 2015,	88630
the board of education of an eligible school district, by a vote	88631
of two-thirds of all its members, may adopt a resolution proposing	88632
to convert existing levies imposed for the purpose of current	88633
expenses into a levy raising a specified amount of tax money by	88634
repealing all or a portion of one or more of those existing levies	88635
and imposing a levy in excess of the ten-mill limitation that will	88636
raise a specified amount of money for current expenses of the	88637
district.	88638

The board of education shall certify a copy of the resolution	88639
to the tax commissioner not later than ninety days before the	88640
election upon which the repeal and levy authorized by this section	88641
will be proposed to the electors. Within ten days after receiving	88642
the copy of the resolution, the tax commissioner shall determine	88643
each of the following and certify the determinations to the board	88644
of education:	88645

(1) The dollar amount to be raised by the proposed levy,	88646
which shall be the product of:	88647

(a) The difference between the aggregate effective tax rate	88648
for residential/agricultural real property for the tax year	88649
preceding the year in which the repeal and levy will be proposed	88650
to the electors and twenty mills per dollar of taxable value;	88651

(b) The total taxable value of all property on the tax list	88652
of real and public utility property for the tax year preceding the	88653
year in which the repeal and levy will be proposed to the	88654
electors.	88655

(2) The estimated tax rate of the proposed levy.

88656

(3) The existing levies and any portion of an existing levy	88657
to be repealed upon approval of the question. Levies shall be	88658
repealed in reverse chronological order from most recently imposed	88659
to least recently imposed until the sum of the effective tax rates	88660
repealed for residential/agricultural real property is equal to	88661
the difference calculated in division (B)(1)(a) of this section.	88662

(4) The sum of the following:

88663

(a) The total taxable value of nonresidential/agricultural	88664
real property for the tax year preceding the year in which the	88665
repeal and levy will be proposed to the electors multiplied by the	88666
difference between (i) the aggregate effective tax rate for	88667
nonresidential/agricultural real property for the existing levies	88668
and any portion of an existing levy to be repealed and (ii) the	88669
amount determined under division (B)(1)(a) of this section, but	88670
not less than zero;	88671

(b) The total taxable value of public utility tangible	88672
personal property for the tax year preceding the year in which the	88673
repeal and levy will be proposed to the electors multiplied by the	88674
difference between (i) the aggregate voted tax rate for the	88675
existing levies and any portion of an existing levy to be repealed	88676
and (ii) the amount determined under division (B)(1)(a) of this	88677
section, but not less than zero.	88678

(C) Upon receipt of the certification from the tax	88679
commissioner under division (B) of this section, a majority of the	88680
members of the board of education may adopt a resolution proposing	88681
the repeal of all or a portion of the existing levies identified	88682
in the certification and the imposition of a levy in excess of the	88683
ten-mill limitation that will raise annually the amount certified	88684
by the commissioner. If the board determines that the tax should	88685
be for an amount less than that certified by the commissioner, the	88686
board, before January 1, 2015, may request that the commissioner	88687
redetermine the amounts and existing levies to be repealed under	88688
divisions (B)(2), (3), and (4) of this section on the basis of the	88689
lesser amount the levy is to raise as specified by the board.	88690
Within ten days after receiving a timely request specifying the	88691
lesser amount to be raised by the levy, the commissioner shall	88692
redetermine those amounts and existing levies and recertify them	88693
to the board as otherwise provided in division (B) of this	88694
section. The redetermined and recertified amounts shall be the	88695
amounts certified by the commissioner for the purposes of this	88696
section and section 5705.2110 of the Revised Code. Only one such	88697
request may be made by the board of education of an eligible	88698
school district.	88699

The resolution shall state the first calendar year in which	88700
the levy will be due; the existing levies and any portion of an	88701
existing levy that will be repealed, as certified by the	88702
commissioner; the term of the levy expressed in years, which may	88703
be any number not exceeding ten, or that it will be levied for a	88704
continuing period of time; and the date of the election.	88705

Immediately upon its passage, the resolution shall go into	88706
effect and shall be certified by the board of education to the	88707
county auditor of the proper county. The county auditor and the	88708
board of education shall proceed as required under section	88709
5705.195 of the Revised Code. No publication of the resolution is	88710
necessary other than that provided for in the notice of election.	88711
Section 5705.196 of the Revised Code shall govern the matters	88712
concerning the election. The submission of a question to the	88713
electors under this section is subject to the limitation on the	88714
number of election dates established by section 5705.214 of the	88715
Revised Code.	88716

(D) The form of the ballot to be used at the election	88717
provided for in this section shall be as follows:	88718

"Shall the existing levy of . . . (insert the voted millage	88719
rate of the levy to be repealed), currently being charged against	88720
residential and agricultural property by the . . . (insert the	88721
name of school district) at a rate of . . . (insert the	88722
residential/agricultural real property effective tax rate of the	88723
levy being repealed) for the purpose of . . . (insert the purpose	88724
of the existing levy) be repealed, and shall a levy be imposed by	88725
the . . . (insert the name of school district) in excess of the	88726
ten-mill limitation for the necessary requirements of the school	88727
district in the sum of . . . (insert the annual amount the levy is	88728
to produce), estimated by the tax commissioner to require . . .	88729
(insert the number of mills) mills for each one dollar of	88730
valuation, which amounts to . . . (insert the rate expressed in	88731
dollars and cents) for each one hundred dollars of valuation for	88732
the initial year of the tax, for a period of . . . (insert the	88733
number of years the levy is to be imposed, or that it will be	88734
levied for a continuing period of time), commencing in . . .	88735
(insert the first year the tax is to be levied), first due in	88736
calendar year . . . (insert the first calendar year in which the	88737
tax shall be due)?	88738

88739

		FOR THE REPEAL AND TAX			88740
		AGAINST THE REPEAL AND TAX	"		88741

88742

If the question submitted is a proposal to repeal all or a	88743
portion of more than one existing levy, the form of the ballot	88744
shall be modified by substituting the statement "shall the	88745
existing levy of" with "shall existing levies of" and inserting	88746
the aggregate voted and aggregate effective tax rates to be	88747
repealed.	88748

(E) If a majority of the electors voting on the question	88749
submitted in an election vote in favor of the repeal and levy, the	88750
result shall be certified immediately after the canvass by the	88751
board of elections to the board of education. The board of	88752
education may make the levy necessary to raise the amount	88753
specified in the resolution for the purpose stated in the	88754
resolution and shall certify it to the county auditor, who shall	88755
extend it on the current year tax lists for collection. After the	88756
first year, the levy shall be included in the annual tax budget	88757
that is certified to the county budget commission.	88758

(F) A levy imposed under this section for a continuing period	88759
of time may be decreased or repealed pursuant to section 5705.261	88760
of the Revised Code. If a levy imposed under this section is	88761
decreased, the amount calculated under division (B)(4) of this	88762
section and paid under section 5705.2110 of the Revised Code	88763
shall be decreased by the same proportion as the levy is	88764
decreased. If the levy is repealed, no further payments shall be	88765
made to the district under that section.	88766

(G) At any time, the board of education, by a vote of	88767
two-thirds of all of its members, may adopt a resolution to renew	88768
a tax levied under this section. The resolution shall provide for	88769
levying the tax and specifically all of the following:	88770

(1) That the tax shall be called, and designated on the	88771
ballot as, a renewal levy;	88772

(2) The amount of the renewal tax, which shall be no more	88773
than the amount of tax previously collected;	88774

(3) The number of years, not to exceed ten, that the renewal	88775
tax will be levied, or that it will be levied for a continuing	88776
period of time;	88777

(4) That the purpose of the renewal tax is for current	88778
expenses.	88779

(H) The form of the ballot to be used at the election on the	88780
question of renewing a levy under this section shall be as	88781
follows:	88782

"Shall a tax levy renewing an existing levy of . . . (insert	88783
the annual dollar amount the levy is to produce each year),	88784
estimated to require . . . (insert the number of mills) mills for	88785
each one dollar of valuation be imposed by the . . . (insert the	88786
name of school district) for the purpose of current expenses for a	88787
period of . . . (insert the number of years the levy is to be	88788
imposed, or that it will be levied for a continuing period of	88789
time), commencing in . . . (insert the first year the tax is to be	88790
levied), first due in calendar year . . . (insert the first	88791
calendar year in which the tax shall be due)?	88792

88793

		FOR THE RENEWAL OF THE TAX LEVY			88794
		AGAINST THE RENEWAL OF THE TAX LEVY	"		88795

88796

If the levy submitted is to be for less than the amount of	88797
money previously collected, the form of the ballot shall be	88798
modified to add "and reducing" after "renewing" and to add before	88799
"estimated to require" the statement "be approved at a tax rate	88800
necessary to produce . . . (insert the lower annual dollar amount	88801
the levy is to produce each year)."	88802

Sec. 5705.2110. (A) For purposes of this section:

88803

(1) "Carryover property" has the same meaning as in section	88804
319.301 of the Revised Code.	88805

(2) "Residential/agricultural real property" has the same	88806
meaning as in section 5705.219 of the Revised Code.	88807

(B) For each city, local, or exempted village school district	88808
in which the tax authorized by section 5705.219 of the Revised	88809
Code has been approved by electors in the preceding year, the tax	88810
commissioner, not later than the twenty-eighth day of February,	88811
shall certify to the department of education the amount determined	88812
in division (B)(4) of section 5705.219 of the Revised Code. Not	88813
later than the twenty-eighth day of February of each year	88814
thereafter for twelve years, the commissioner shall certify an	88815
amount equal to the difference between the amount certified in	88816
the preceding year under this division and the product of ten	88817
mills per dollar multiplied by the excess, if any, of the value	88818
of carryover property for residential/agricultural real property	88819
for the preceding tax year over the value of carryover property	88820
for residential/agricultural real property in the second	88821
preceding tax year. If the amount to be certified in any year is	88822
zero, in the commissioner's certification the commissioner shall	88823
state that no further certifications shall be forthcoming.	88824

(C) Not later than the last day of April and of October	88825
beginning in the first year in which a certification under	88826
division (B) of this section is received, the department of	88827
education shall pay to the school district for which the	88828
certification is made one-half of the amount most recently	88829
certified by the tax commissioner.	88830

Sec. 5705.29. This section does not apply to a subdivision or	88831
taxing unit for which the county budget commission has waived the	88832
requirement to adopt a tax budget pursuant to section 5705.281 of	88833
the Revised Code. The tax budget shall present the following	88834
information in such detail as is prescribed by the auditor of	88835
state:	88836

(A)(1) A statement of the necessary current operating	88837
expenses for the ensuing fiscal year for each department and	88838
division of the subdivision, classified as to personal services	88839
and other expenses, and the fund from which such expenditures are	88840
to be made. Except in the case of a school district, this estimate	88841
may include a contingent expense not designated for any particular	88842
purpose, and not to exceed three per cent of the total amount of	88843
appropriations for current expenses. In the case of a school	88844
district, this estimate may include a contingent expense not	88845
designated for any particular purpose and not to exceed thirteen	88846
per cent of the total amount of appropriations for current	88847
expenses.	88848

(2) A statement of the expenditures for the ensuing fiscal	88849
year necessary for permanent improvements, exclusive of any	88850
expense to be paid from bond issues, classified as to the	88851
improvements contemplated by the subdivision and the fund from	88852
which such expenditures are to be made;	88853

(3) The amounts required for the payment of final judgments;

88854

(4) A statement of expenditures for the ensuing fiscal year	88855
necessary for any purpose for which a special levy is authorized,	88856
and the fund from which such expenditures are to be made;	88857

(5) Comparative statements, so far as possible, in parallel	88858
columns of corresponding items of expenditures for the current	88859
fiscal year and the two preceding fiscal years.	88860

(B)(1) An estimate of receipts from other sources than the	88861
general property tax during the ensuing fiscal year, which shall	88862
include an estimate of unencumbered balances at the end of the	88863
current fiscal year, and the funds to which such estimated	88864
receipts are credited;	88865

(2) The amount each fund requires from the general property	88866
tax, which shall be the difference between the contemplated	88867
expenditure from the fund and the estimated receipts, as provided	88868
in this section. The section of the Revised Code under which the	88869
tax is authorized shall be set forth.	88870

(3) Comparative statements, so far as possible, in parallel	88871
columns of taxes and other revenues for the current fiscal year	88872
and the two preceding fiscal years.	88873

(C)(1) The amount required for debt charges;

88874

(2) The estimated receipts from sources other than the tax	88875
levy for payment of such debt charges, including the proceeds of	88876
refunding bonds to be issued to refund bonds maturing in the next	88877
succeeding fiscal year;	88878

(3) The net amount for which a tax levy shall be made,	88879
classified as to bonds authorized and issued prior to January 1,	88880
1922, and those authorized and issued subsequent to such date, and	88881
as to what portion of the levy will be within and what in excess	88882
of the ten-mill limitation.	88883

(D) An estimate of amounts from taxes authorized to be levied	88884
in excess of the ten-mill limitation on the tax rate, and the fund	88885
to which such amounts will be credited, together with the sections	88886
of the Revised Code under which each such tax is exempted from all	88887
limitations on the tax rate.	88888

(E)(1) A board of education may include in its budget for the	88889
fiscal year in which a levy proposed under section 5705.194,	88890
5705.199, 5705.21, or 5705.213, or 5705.219, or the original levy	88891
under section 5705.212 of the Revised Code is first extended on	88892
the tax list and duplicate an estimate of expenditures to be known	88893
as a voluntary contingency reserve balance, which shall not be	88894
greater than twenty-five per cent of the total amount of the levy	88895
estimated to be available for appropriation in such year.	88896

(2) A board of education may include in its budget for the	88897
fiscal year following the year in which a levy proposed under	88898
section 5705.194, 5705.199, 5705.21, or 5705.213, or 5705.219, or	88899
the original levy under section 5705.212 of the Revised Code is	88900
first extended on the tax list and duplicate an estimate of	88901
expenditures to be known as a voluntary contingency reserve	88902
balance, which shall not be greater than twenty per cent of the	88903
amount of the levy estimated to be available for appropriation in	88904
such year.	88905

(3) Except as provided in division (E)(4) of this section,	88906
the full amount of any reserve balance the board includes in its	88907
budget shall be retained by the county auditor and county	88908
treasurer out of the first semiannual settlement of taxes until	88909
the beginning of the next succeeding fiscal year, and thereupon,	88910
with the depository interest apportioned thereto, it shall be	88911
turned over to the board of education, to be used for the purposes	88912
of such fiscal year.	88913

(4) A board of education, by a two-thirds vote of all members	88914
of the board, may appropriate any amount withheld as a voluntary	88915
contingency reserve balance during the fiscal year for any lawful	88916
purpose, provided that prior to such appropriation the board of	88917
education has authorized the expenditure of all amounts	88918
appropriated for contingencies under section 5705.40 of the	88919
Revised Code. Upon request by the board of education, the county	88920
auditor shall draw a warrant on the district's account in the	88921
county treasury payable to the district in the amount requested.	88922

(F)(1) A board of education may include a spending reserve in	88923
its budget for fiscal years ending on or before June 30, 2002. The	88924
spending reserve shall consist of an estimate of expenditures not	88925
to exceed the district's spending reserve balance. A district's	88926
spending reserve balance is the amount by which the designated	88927
percentage of the district's estimated personal property taxes to	88928
be settled during the calendar year in which the fiscal year ends	88929
exceeds the estimated amount of personal property taxes to be so	88930
settled and received by the district during that fiscal year.	88931
Moneys from a spending reserve shall be appropriated in accordance	88932
with section 133.301 of the Revised Code.	88933

(2) For the purposes of computing a school district's	88934
spending reserve balance for a fiscal year, the designated	88935
percentage shall be as follows:	88936

Fiscal year ending in:	Designated percentage	88937
1998	50%	88938
1999	40%	88939
2000	30%	88940
2001	20%	88941
2002	10%	88942

(G) Except as otherwise provided in this division, the county	88943
budget commission shall not reduce the taxing authority of a	88944
subdivision as a result of the creation of a reserve balance	88945
account. Except as otherwise provided in this division, the county	88946
budget commission shall not consider the amount in a reserve	88947
balance account of a township, county, or municipal corporation as	88948
an unencumbered balance or as revenue for the purposes of division	88949
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	88950
budget commission may require documentation of the reasonableness	88951
of the reserve balance held in any reserve balance account. The	88952
commission shall consider any amount in a reserve balance account	88953
that it determines to be unreasonable as unencumbered and as	88954
revenue for the purposes of section 5747.51 of the Revised Code	88955
and may take such amounts into consideration when determining	88956
whether to reduce the taxing authority of a subdivision.	88957

Sec. 5705.341. Any person required to pay taxes on real,	88958
public utility, or tangible personal property in any taxing	88959
district or other political subdivision of this state may appeal	88960
to the board of tax appeals from the action of the county budget	88961
commission of any county which relates to the fixing of uniform	88962
rates of taxation and the rate necessary to be levied by each	88963
taxing authority within its subdivision or taxing unit and which	88964
action has been certified by the county budget commission to the	88965
taxing authority of any political subdivision or other taxing	88966
district within the county.	88967

Such appeal shall be in writing and shall set forth the tax	88968
rate complained of and the reason that such a tax rate is not	88969
necessary to produce the revenue needed by the taxing district or	88970
political subdivision for the ensuing fiscal year as those needs	88971
are set out in the tax budget of said taxing unit or, if adoption	88972
of a tax budget was waived under section 5705.281 of the Revised	88973
Code, as set out in such other information the district or	88974
subdivision was required to provide under that section, or that	88975
the action of the budget commission appealed from does not	88976
otherwise comply with sections 5705.01 to 5705.47 of the Revised	88977
Code. The notice of appeal shall be filed with the board of tax	88978
appeals, and a true copy thereof shall be filed with the tax	88979
commissioner, the county auditor, and with the fiscal officer of	88980
each taxing district or political subdivision authorized to levy	88981
the tax complained of, and such notice of appeal and copies	88982
thereof must be filed within thirty days after the budget	88983
commission has certified its action as provided by section 5705.34	88984
of the Revised Code. Such notice of appeal and the copies thereof	88985
may be filed either in person or by certified mail. If filed by	88986
certified mail, the date of the United States postmark placed on	88987
the sender's receipt by the postal employee to whom the notice of	88988
appeal is presented shall be treated as the date of filing.	88989

Prior to filing the appeal provided by this section, the	88990
appellant shall deposit with the county auditor of the county or,	88991
in the event the appeal concerns joint taxing districts in two or	88992
more counties, with the county auditor of the county with the	88993
greatest valuation of taxable property the sum of five hundred	88994
dollars to cover the costs of the proceeding. The county auditor	88995
shall forthwith issue a pay-in order and pay such money into the	88996
county treasury to the credit of the general fund. The appellant	88997
shall produce the receipt of the county treasurer for such deposit	88998
and shall file such receipt with the notice of appeal.	88999

The board of tax appeals shall forthwith consider the matter	89000
presented on appeal from the action of the county budget	89001
commission and may modify any action of the commission with	89002
reference to the fixing of tax rates, to the end that no tax rate	89003
shall be levied above that necessary to produce the revenue needed	89004
by the taxing district or political subdivision for the ensuing	89005
fiscal year and to the end that the action of the budget	89006
commission appealed from shall otherwise be in conformity with	89007
sections 5705.01 to 5705.47 of the Revised Code. The findings of	89008
the board of tax appeals shall be substituted for the findings of	89009
the budget commission and shall be ~~certified~~sent to the county	89010
auditor and the taxing authority of the taxing district or	89011
political subdivision affected as the action of such budget	89012
commission under sections 5705.01 to 5705.47 of the Revised Code	89013
and to the tax commissioner.	89014

The board of tax appeals shall promptly prepare a cost bill	89015
listing the expenses incurred by the board in conducting any	89016
hearing on the appeal and certify the cost bill to the county	89017
auditor of the county receiving the deposit for costs, who shall	89018
forthwith draw a warrant on the general fund of the county in	89019
favor of the person or persons named in the bill of costs	89020
certified by the board of tax appeals.	89021

In the event the appellant prevails, the board of tax appeals	89022
promptly shall direct the county auditor to refund the deposit to	89023
the appellant and the costs shall be taxed to the taxing district	89024
or political subdivision involved in the appeal. The county	89025
auditor shall withhold from any funds then or thereafter in the	89026
auditor's possession belonging to the taxing district or political	89027
subdivision named in the order of the board of tax appeals and	89028
shall reimburse the general fund of the county.	89029

If the appellant fails, the costs shall be deducted from the	89030
deposit provided for in this section and any balance which remains	89031
shall be refunded promptly to the appellant by warrant of the	89032
county auditor drawn on the general fund of the county.	89033

Nothing in this section or any section of the Revised Code	89034
shall permit or require the levying of any rate of taxation,	89035
whether within the ten-mill limitation or whether the levy has	89036
been approved by the electors of the taxing district, the	89037
political subdivision, or the charter of a municipal corporation	89038
in excess of such ten-mill limitation, unless such rate of	89039
taxation for the ensuing fiscal year is clearly required by a	89040
budget of the taxing district or political subdivision properly	89041
and lawfully adopted under this chapter, or by other information	89042
that must be provided under section 5705.281 of the Revised Code	89043
if a tax budget was waived.	89044

In the event more than one appeal is filed involving the same	89045
taxing district or political subdivision, all such appeals may be	89046
consolidated by the board of tax appeals and heard at the same	89047
time.	89048

Nothing herein contained shall be construed to bar or	89049
prohibit the tax commissioner from initiating an investigation or	89050
hearing on the commissioner's own motion.	89051

The tax commissioner shall adopt and issue such orders,	89052
rules, and instructions, not inconsistent with law, as the	89053
commissioner deems necessary, as to the exercise of the powers and	89054
the discharge of the duties of any particular county budget	89055
commission, county auditor, or other officer which relate to the	89056
budget, the assessment of property, or the levy and collection of	89057
taxes. The commissioner shall cause the orders and instructions	89058
issued by the commissioner to be obeyed.	89059

Sec. 5705.37. The taxing authority of any subdivision, or	89060
the board of trustees of any public library, nonprofit	89061
corporation, or library association maintaining a free public	89062
library that has adopted and certified rules under section 5705.28	89063
of the Revised Code, that is dissatisfied with any action of the	89064
county budget commission may, through its fiscal officer, appeal	89065
to the board of tax appeals within thirty days after the receipt	89066
by the subdivision of the official certificate or notice of the	89067
commission's action. In like manner, but through its clerk, any	89068
park district may appeal to the board of tax appeals. An appeal	89069
under this section shall be taken by the filing of a notice of	89070
appeal, either in person or by certified mail, express mail, or	89071
authorized delivery service as provided in section 5703.056 of	89072
the Revised Code, with the board and with the commission. If	89073
notice of appeal is filed by certified mail, express mail, or	89074
authorized delivery service, date of the United States postmark	89075
placed on the sender's receipt by the postal service or the date	89076
of receipt recorded by the authorized delivery service shall be	89077
treated as the date of filing. Upon receipt of the notice of	89078
appeal, the commission, by certified mail, shall notify all	89079
persons who were parties to the proceeding before the commission	89080
of the filing of the notice of appeal and shall file proof of	89081
notice with the board of tax appeals. The secretary of the	89082
commission shall forthwith certify to the board a transcript of	89083
the full and accurate record of all proceedings before the	89084
commission, together with all evidence presented in the	89085
proceedings or considered by the commission, pertaining to the	89086
action from which the appeal is taken. The secretary of the	89087
commission also shall certify to the board any additional	89088
information that the board may request.	89089

The board of tax appeals, in a de novo proceeding, shall	89090
forthwith consider the matter presented to the commission, and may	89091
modify any action of the commission with reference to the budget,	89092
the estimate of revenues and balances, the allocation of the	89093
public library fund, or the fixing of tax rates. The finding of	89094
the board of tax appeals shall be substituted for the findings of	89095
the commission, and shall be ~~certified~~sent to the tax	89096
commissioner, the county auditor, and the taxing authority of the	89097
subdivision affected, or to the board of public library trustees	89098
affected, as the action of the commission under sections 5705.01	89099
to 5705.47 of the Revised Code.	89100

This section does not give the board of tax appeals any	89101
authority to place any tax levy authorized by law within the	89102
ten-mill limitation outside of that limitation, or to reduce any	89103
levy below any minimum fixed by law.	89104

Sec. 5705.392. A board of county commissioners may adopt as	89105
a part of its annual appropriation ~~measure~~resolution a spending	89106
plan, or in the case of an amended appropriation ~~measure~~	89107
resolution, an amended spending plan, setting forth a quarterly	89108
schedule of expenses and expenditures of ~~all~~any appropriations	89109
for the fiscal year from ~~the~~any county ~~general~~ fund. The spending	89110
plan or amended spending plan shall be classified to set forth	89111
separately a quarterly schedule of expenses and expenditures for	89112
~~each~~any office, department, and division, and, within each, the	89113
amount appropriated for personal services. Each office,	89114
department, and division for which a spending plan or amended	89115
spending plan is adopted shall be limited in its expenses and	89116
expenditures of moneys appropriated from the ~~general~~applicable	89117
fund during any quarter by the schedule established in the	89118
spending plan or amended spending plan. The schedule established	89119
in the spending plan or amended spending plan shall serve as a	89120
limitation during a quarter on ~~the making of~~entering into	89121
contracts and giving of orders involving the expenditure of money	89122
during that quarter for purposes of division (D) of section	89123
5705.41 of the Revised Code.	89124

Not less than thirty days before the adoption of the	89125
appropriation or amended appropriation resolution, the board of	89126
county commissioners shall deliver to each office, department, or	89127
division for which it intends to provide a spending plan or	89128
amended spending plan written notice of its intention. The notice	89129
shall be delivered by regular first class mail or by personal	89130
service and shall include a copy of the proposed spending plan or	89131
amended spending plan. The office, department, or division may	89132
meet with the board at any regular session of the board to comment	89133
on the notice, express concerns, or ask questions about the	89134
proposed spending plan or amended spending plan.	89135

Sec. 5711.33. (A)(1) When a county treasurer receives a	89136
certificate from a county auditor pursuant to division (A) of	89137
section 5711.32 of the Revised Code charging the treasurer with	89138
the collection of an amount of taxes due as the result of a	89139
deficiency assessment, the treasurer shall immediately prepare and	89140
mail a tax bill to the taxpayer owing such tax. The tax bill shall	89141
contain the name of the taxpayer; the taxable value, tax rate, and	89142
taxes charged for each year being assessed; the total amount of	89143
taxes due; the final date payment may be made without additional	89144
penalty; and any other information the treasurer considers	89145
pertinent or necessary. Taxes due and payable as a result of a	89146
deficiency assessment, less any amount specifically excepted from	89147
collection under division (B) of section 5711.32 of the Revised	89148
Code, shall be paid with interest thereon as prescribed by section	89149
5719.041 of the Revised Code on or before the sixtieth day	89150
following the date of issuance of the certificate by the county	89151
auditor. The balance of taxes found due and payable after a final	89152
determination by the tax commissioner or a final judgment of the	89153
board of tax appeals or any court to which such final judgment may	89154
be appealed shall be paid with interest thereon as prescribed by	89155
section 5719.041 of the Revised Code on or before the sixtieth day	89156
following the date of certification by the auditor to the	89157
treasurer pursuant to division (C) of section 5711.32 of the	89158
Revised Code of such final determination or judgment. Such final	89159
dates for payment shall be determined and exhibited on the tax	89160
bill by the treasurer.	89161

(2) If, on or before the sixtieth day following the date of a	89162
certification of a deficiency assessment under division (A) of	89163
section 5711.32 of the Revised Code or of a certification of a	89164
final determination or judgment under division (C) of section	89165
5711.32 of the Revised Code, the taxpayer pays the full amount of	89166
taxes and interest due at the time of the receipt of certification	89167
with respect to that assessment, determination, or judgment, no	89168
interest shall accrue or be charged with respect to that	89169
assessment, determination, or judgment for the period that begins	89170
on the first day of the month in which the certification is made	89171
and that ends on the last day of the month preceding the month in	89172
which such sixtieth day occurs.	89173

(B) When the taxes charged, as mentioned in division (A) of	89174
this section, are not paid within the time prescribed by such	89175
division, a penalty of ten per cent of the amount due and unpaid	89176
and interest for the period described in division (A)(2) of this	89177
section shall accrue at the time the treasurer closes the	89178
treasurer's office for business on the last day so prescribed, but	89179
if the taxes are paid within ten days subsequent to the last day	89180
prescribed, the treasurer shall waive the collection of and the	89181
auditor shall remit one-half of the penalty. The treasurer shall	89182
not thereafter accept less than the full amount of taxes and	89183
penalty except as otherwise authorized by law. Such penalty shall	89184
be distributed in the same manner and at the same time as the tax	89185
upon which it has accrued. The whole amount collected shall be	89186
included in the next succeeding settlement of appropriate taxes.	89187

(C) When the taxes charged, as mentioned in division (A) of	89188
this section, remain unpaid after the final date for payment	89189
prescribed by such division, such charges shall be deemed to be	89190
delinquent taxes. The county auditor shall cause such charges,	89191
including the penalty that has accrued pursuant to this section,	89192
to be added to the delinquent tax duplicate in accordance with	89193
section 5719.04 of the Revised Code.	89194

(D) The county auditor, upon consultation with the county	89195
treasurer, shall remit a penalty imposed under division (B) of	89196
this section or division ~~(C)~~(D) of section 5719.03 of the Revised	89197
Code for the late payment of taxes when:	89198

(1) The taxpayer could not make timely payment of the tax	89199
because of the negligence or error of the county auditor or county	89200
treasurer in the performance of a statutory duty relating to the	89201
levy or collection of such tax.	89202

(2) In cases other than those described in division (D)(1) of	89203
this section, the taxpayer failed to receive a tax bill or a	89204
correct tax bill, and the taxpayer made a good faith effort to	89205
obtain such bill within thirty days after the last day for payment	89206
of the tax.	89207

(3) The tax was not timely paid because of the death or	89208
serious injury of the taxpayer, or the taxpayer's confinement in a	89209
hospital within sixty days preceding the last day for payment of	89210
the tax if, in any case, the tax was subsequently paid within	89211
sixty days after the last day for payment of such tax.	89212

(4) The taxpayer demonstrates that the full payment was	89213
properly deposited in the mail in sufficient time for the envelope	89214
to be postmarked by the United States postal service on or before	89215
the last day for payment of such tax. A private meter postmark on	89216
an envelope is not a valid postmark for purposes of establishing	89217
the date of payment of such tax.	89218

(5) In cases other than those described in divisions (D)(1)	89219
to (4) of this section, the taxpayer's failure to make timely	89220
payment of the tax is due to reasonable cause and not willful	89221
neglect.	89222

(E) The taxpayer, upon application within sixty days after	89223
the mailing of the county auditor's decision, may request the tax	89224
commissioner to review the denial of the remission of a penalty by	89225
the county auditor. The application may be filed in person or by	89226
certified mail. If the application is filed by certified mail, the	89227
date of the United States postmark placed on the sender's receipt	89228
by the postal service shall be treated as the date of filing. The	89229
commissioner shall consider the application, determine whether the	89230
penalty should be remitted, and certify the determination to the	89231
taxpayer and to the county treasurer and county auditor, who shall	89232
correct the tax list and duplicate accordingly. The commissioner	89233
may issue orders and instructions for the uniform implementation	89234
of this section by all county auditors and county treasurers, and	89235
such orders and instructions shall be followed by such officers.	89236

Sec. 5715.02. The county treasurer, county auditor, and ~~the~~	89237
~~president of~~a member of the board of county commissioners	89238
selected by the board of county commissioners shall constitute the	89239
county board of revision, or they may provide for one or more	89240
hearing boards when they deem the creation of such to be necessary	89241
to the expeditious hearing of valuation complaints. Each such	89242
official may, appoint one qualified employee from ~~his~~the	89243
official's office to serve in ~~his~~the official's place and stead	89244
on each such board for the purpose of hearing complaints as to the	89245
value of real property only, each such hearing board has the same	89246
authority to hear and decide complaints and sign the journal as	89247
the board of revision, and shall proceed in the manner provided	89248
for the board of revision by sections 5715.08 to 5715.20,	89249
~~inclusive,~~ of the Revised Code. Any decision by a hearing board	89250
shall be the decision of the board of revision.	89251

A majority of a county board of revision or hearing board	89252
shall constitute a quorum to hear and determine any complaint, and	89253
any vacancy shall not impair the right of the remaining members of	89254
such board, whether elected officials or appointees, to exercise	89255
all the powers thereof so long as a majority remains.	89256

Each member of a county board of revision or hearing board	89257
may administer oaths.	89258

Sec. 5715.251. The county auditor may appeal to the board of	89259
tax appeals any determination of change in the abstract of real	89260
property of a taxing district in ~~his~~the auditor's county that is	89261
made by the tax commissioner under section 5715.24 of the Revised	89262
Code. The appeal shall be taken within thirty days after receipt	89263
of the statement by the county auditor of the commissioner's	89264
determination by the filing by the county auditor of a notice of	89265
appeal with the board and the commissioner. Such notice of appeal	89266
shall set forth the determination of the commissioner appealed	89267
from and the errors therein complained of. Proof of the filing of	89268
such notice with the commissioner shall be filed with the board.	89269
The board shall have exclusive jurisdiction of the appeal.	89270

In all such appeals the commissioner shall be made appellee.	89271
Unless waived, notice of the appeal shall be served upon the	89272
commissioner by certified mail. The prosecuting attorney shall	89273
represent the county auditor in such an appeal.	89274

The commissioner, upon written demand filed by the county	89275
auditor, shall within thirty days after the filing of such demand	89276
file with the board a certified transcript of the record of the	89277
commissioner's proceedings pertaining to the determination	89278
complained of and the evidence hethe commissioner considered in	89279
making such determination.	89280

If upon hearing and consideration of such record and evidence	89281
the board decides that the determination appealed from is	89282
reasonable and lawful, it shall affirm the same, but if the board	89283
decides that such determination is unreasonable or unlawful, the	89284
board shall reverse and vacate the determination or modify it and	89285
enter final order in accordance with such modification.	89286

The secretary of the board shall ~~certify~~send the order of	89287
the board to the county auditor and to the commissioner, and they	89288
shall take such action in connection therewith as is required to	89289
give effect to the order of the board.	89290

Sec. 5715.26. (A)(1) Upon receiving the statement required	89291
by section 5715.25 of the Revised Code, the county auditor shall	89292
forthwith add to or deduct from each tract, lot, or parcel of real	89293
property or class of real property the required percentage or	89294
amount of the valuation thereof, adding or deducting any sum less	89295
than five dollars so that the value of any separate tract, lot, or	89296
parcel of real property shall be ten dollars or some multiple	89297
thereof.	89298

(2) ~~When he has made~~After making the additions or deductions	89299
required by this section, the auditor shall transmit to the tax	89300
commissioner the appropriate adjusted abstract of the real	89301
property of each taxing district in ~~his~~the auditor's county in	89302
which an adjustment was required.	89303

(3) If the commissioner increases or decreases the aggregate	89304
value of the real property or any class thereof in any county or	89305
taxing district thereof and does not receive within ninety days	89306
thereafter an adjusted abstract conforming to its statement for	89307
such county or taxing district therein, hethe commissioner shall	89308
withhold from such county or taxing district therein fifty per	89309
cent of its share in the distribution of state revenues to local	89310
governments pursuant to sections 5747.50 to 5747.55 of the Revised	89311
Code and shall direct the department of education to withhold	89312
therefrom fifty per cent of state revenues to school districts	89313
pursuant to ~~Chapter~~Chapters 3306. and 3317. of the Revised Code.	89314
The commissioner shall withhold the distribution of such funds	89315
until such county auditor has complied with this division, and the	89316
department shall withhold the distribution of such funds until the	89317
commissioner has notified the department that such county auditor	89318
has complied with this division.	89319

(B)(1) If the commissioner's determination is appealed under	89320
section 5715.251 of the Revised Code, the county auditor,	89321
treasurer, and all other officers shall forthwith proceed with the	89322
levy and collection of the current year's taxes in the manner	89323
prescribed by law. The taxes shall be determined and collected as	89324
if the commissioner had determined under section 5715.24 of the	89325
Revised Code that the real property and the various classes	89326
thereof in the county as shown in the auditor's abstract were	89327
assessed for taxation and the true and agricultural use values	89328
were recorded on the agricultural land tax list as required by	89329
law.	89330

(2) If as a result of the appeal to the board it is finally	89331
determined either that all real property and the various classes	89332
thereof have not been assessed as required by law or that the	89333
values set forth in the agricultural land tax list do not	89334
correctly reflect the true and agricultural use values of the	89335
lands contained therein, the county auditor shall forthwith add to	89336
or deduct from each tract, lot, or parcel of real property or	89337
class of real property the required percentage or amount of the	89338
valuation in accordance with the order of the board or judgment of	89339
the court to which the board's order was appealed, and the taxes	89340
on each tract, lot, or parcel and the percentages required by	89341
section 319.301 of the Revised Code shall be recomputed using the	89342
valuation as finally determined. The order or judgment making the	89343
final determination shall prescribe the time and manner for	89344
collecting, crediting, or refunding the resultant increases or	89345
decreases in taxes.	89346

Sec. 5717.03. (A) A decision of the board of tax appeals on	89347
an appeal filed with it pursuant to section 5717.01, 5717.011, or	89348
5717.02 of the Revised Code shall be entered of record on the	89349
journal together with the date when the order is filed with the	89350
secretary for journalization.	89351

(B) In case of an appeal from a decision of a county board of	89352
revision, the board of tax appeals shall determine the taxable	89353
value of the property whose valuation or assessment by the county	89354
board of revision is complained of, or in the event the complaint	89355
and appeal is against a discriminatory valuation, shall determine	89356
a valuation which shall correct such discrimination, and shall	89357
determine the liability of the property for taxation, if that	89358
question is in issue, and the board of tax ~~appeals's~~appeals'	89359
decision and the date when it was filed with the secretary for	89360
journalization shall be ~~certified~~sent by the board ~~by certified~~	89361
~~mail~~ to all persons who were parties to the appeal before the	89362
board, to the person in whose name the property is listed, or	89363
sought to be listed, if such person is not a party to the appeal,	89364
to the county auditor of the county in which the property involved	89365
in the appeal is located, and to the tax commissioner.	89366

In correcting a discriminatory valuation, the board of tax	89367
appeals shall increase or decrease the value of the property whose	89368
valuation or assessment by the county board of revision is	89369
complained of by a per cent or amount which will cause such	89370
property to be listed and valued for taxation by an equal and	89371
uniform rule.	89372

(C) In the case of an appeal from a review, redetermination,	89373
or correction of a tax assessment, valuation, determination,	89374
finding, computation, or order of the tax commissioner, the order	89375
of the board of tax appeals and the date of the entry thereof upon	89376
its journal shall be ~~certified~~sent by the board ~~by certified mail~~	89377
to all persons who were parties to the appeal before the board,	89378
the person in whose name the property is listed or sought to be	89379
listed, if the decision determines the valuation or liability of	89380
property for taxation and if such person is not a party to the	89381
appeal, the taxpayer or other person to whom notice of the tax	89382
assessment, valuation, determination, finding, computation, or	89383
order, or correction or redetermination thereof, by the tax	89384
commissioner was by law required to be given, the director of	89385
budget and management, if the revenues affected by such decision	89386
would accrue primarily to the state treasury, and the county	89387
auditors of the counties to the undivided general tax funds of	89388
which the revenues affected by such decision would primarily	89389
accrue.	89390

(D) In the case of an appeal from a municipal board of appeal	89391
created under section 718.11 of the Revised Code, the order of the	89392
board of tax appeals and the date of the entry thereof upon the	89393
board's journal shall be ~~certified~~sent by the board ~~by certified~~	89394
~~mail~~ to all persons who were parties to the appeal before the	89395
board.	89396

(E) In the case of all other appeals or applications filed	89397
with and determined by the board, the board's order and the date	89398
when the order was filed by the secretary for journalization shall	89399
be ~~certified~~sent by the board ~~by certified mail~~ to the person who	89400
is a party to such appeal or application, to such persons as the	89401
law requires, and to such other persons as the board deems proper.	89402

(F) The orders of the board may affirm, reverse, vacate,	89403
modify, or remand the tax assessments, valuations, determinations,	89404
findings, computations, or orders complained of in the appeals	89405
determined by the board, and the board's decision shall become	89406
final and conclusive for the current year unless reversed,	89407
vacated, or modified as provided in section 5717.04 of the Revised	89408
Code. When an order of the board becomes final the tax	89409
commissioner and all officers to whom such decision has been	89410
~~certified~~sent shall make the changes in their tax lists or other	89411
records which the decision requires.	89412

(G) If the board finds that issues not raised on the appeal	89413
are important to a determination of a controversy, the board may	89414
remand the cause for an administrative determination and the	89415
issuance of a new tax assessment, valuation, determination,	89416
finding, computation, or order, unless the parties stipulate to	89417
the determination of such other issues without remand. An order	89418
remanding the cause is a final order. If the order relates to any	89419
issue other than a municipal income tax matter appealed under	89420
sections 718.11 and 5717.011 of the Revised Code, the order may be	89421
appealed to the court of appeals in Franklin county. If the order	89422
relates to a municipal income tax matter appealed under sections	89423
718.11 and 5717.011 of the Revised Code, the order may be appealed	89424
to the court of appeals for the county in which the municipal	89425
corporation in which the dispute arose is primarily situated.	89426

Sec. 5717.04. The proceeding to obtain a reversal, vacation,	89427
or modification of a decision of the board of tax appeals shall be	89428
by appeal to the supreme court or the court of appeals for the	89429
county in which the property taxed is situate or in which the	89430
taxpayer resides. If the taxpayer is a corporation, then the	89431
proceeding to obtain such reversal, vacation, or modification	89432
shall be by appeal to the supreme court or to the court of appeals	89433
for the county in which the property taxed is situate, or the	89434
county of residence of the agent for service of process, tax	89435
notices, or demands, or the county in which the corporation has	89436
its principal place of business. In all other instances, the	89437
proceeding to obtain such reversal, vacation, or modification	89438
shall be by appeal to the court of appeals for Franklin county.	89439

Appeals from decisions of the board determining appeals from	89440
decisions of county boards of revision may be instituted by any of	89441
the persons who were parties to the appeal before the board of tax	89442
appeals, by the person in whose name the property involved in the	89443
appeal is listed or sought to be listed, if such person was not a	89444
party to the appeal before the board of tax appeals, or by the	89445
county auditor of the county in which the property involved in the	89446
appeal is located.	89447

Appeals from decisions of the board of tax appeals	89448
determining appeals from final determinations by the tax	89449
commissioner of any preliminary, amended, or final tax	89450
assessments, reassessments, valuations, determinations, findings,	89451
computations, or orders made by the commissioner may be instituted	89452
by any of the persons who were parties to the appeal or	89453
application before the board, by the person in whose name the	89454
property is listed or sought to be listed, if the decision	89455
appealed from determines the valuation or liability of property	89456
for taxation and if any such person was not a party to the appeal	89457
or application before the board, by the taxpayer or any other	89458
person to whom the decision of the board appealed from was by law	89459
required to be ~~certified~~sent, by the director of budget and	89460
management, if the revenue affected by the decision of the board	89461
appealed from would accrue primarily to the state treasury, by the	89462
county auditor of the county to the undivided general tax funds of	89463
which the revenues affected by the decision of the board appealed	89464
from would primarily accrue, or by the tax commissioner.	89465

Appeals from decisions of the board upon all other appeals or	89466
applications filed with and determined by the board may be	89467
instituted by any of the persons who were parties to such appeal	89468
or application before the board, by any persons to whom the	89469
decision of the board appealed from was by law required to be	89470
~~certified~~sent, or by any other person to whom the board ~~certified~~	89471
sent the decision appealed from, as authorized by section 5717.03	89472
of the Revised Code.	89473

Such appeals shall be taken within thirty days after the date	89474
of the entry of the decision of the board on the journal of its	89475
proceedings, as provided by such section, by the filing by	89476
appellant of a notice of appeal with the court to which the appeal	89477
is taken and the board. If a timely notice of appeal is filed by a	89478
party, any other party may file a notice of appeal within ten days	89479
of the date on which the first notice of appeal was filed or	89480
within the time otherwise prescribed in this section, whichever is	89481
later. A notice of appeal shall set forth the decision of the	89482
board appealed from and the errors therein complained of. Proof of	89483
the filing of such notice with the board shall be filed with the	89484
court to which the appeal is being taken. The court in which	89485
notice of appeal is first filed shall have exclusive jurisdiction	89486
of the appeal.	89487

In all such appeals the tax commissioner or all persons to	89488
whom the decision of the board appealed from is required by such	89489
section to be ~~certified~~sent, other than the appellant, shall be	89490
made appellees. Unless waived, notice of the appeal shall be	89491
served upon all appellees by certified mail. The prosecuting	89492
attorney shall represent the county auditor in any such appeal in	89493
which the auditor is a party.	89494

The board, upon written demand filed by an appellant, shall	89495
within thirty days after the filing of such demand file with the	89496
court to which the appeal is being taken a certified transcript of	89497
the record of the proceedings of the board pertaining to the	89498
decision complained of and the evidence considered by the board in	89499
making such decision.	89500

If upon hearing and consideration of such record and evidence	89501
the court decides that the decision of the board appealed from is	89502
reasonable and lawful it shall affirm the same, but if the court	89503
decides that such decision of the board is unreasonable or	89504
unlawful, the court shall reverse and vacate the decision or	89505
modify it and enter final judgment in accordance with such	89506
modification.	89507

The clerk of the court shall certify the judgment of the	89508
court to the board, which shall certify such judgment to such	89509
public officials or take such other action in connection therewith	89510
as is required to give effect to the decision. The "taxpayer"	89511
includes any person required to return any property for taxation.	89512

Any party to the appeal shall have the right to appeal from	89513
the judgment of the court of appeals on questions of law, as in	89514
other cases.	89515

Sec. 5725.18. (A) An annual franchise tax on the privilege	89516
of being an insurance company is hereby levied on each domestic	89517
insurance company. In the month of May, annually, the treasurer of	89518
state shall charge for collection from each domestic insurance	89519
company a franchise tax in the amount computed in accordance with	89520
the following, as applicable:	89521

(1) With respect to a domestic insurance company that is a	89522
health insuring corporation, one per cent of all premium rate	89523
payments received, exclusive of payments received under the	89524
medicare program established under Title XVIII of the "Social	89525
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	89526
~~or pursuant to the medical assistance program established under~~	89527
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	89528
report for the preceding calendar year;	89529

(2) With respect to a domestic insurance company that is not	89530
a health insuring corporation, one and four-tenths per cent of the	89531
gross amount of premiums received from policies covering risks	89532
within this state, exclusive of premiums received under the	89533
medicare program established under Title XVIII of the "Social	89534
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	89535
~~or pursuant to the medical assistance program established under~~	89536
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	89537
statement for the preceding calendar year, and, if the company	89538
operates a health insuring corporation as a line of business, one	89539
per cent of all premium rate payments received from that line of	89540
business, exclusive of payments received under the medicare	89541
program established under Title XVIII of the "Social Security	89542
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or	89543
~~pursuant to the medical assistance program established under~~	89544
~~Chapter 5111. of the Revised Code,~~ as reflected in its annual	89545
statement for the preceding calendar year.	89546

(B) The gross amount of premium rate payments or premiums	89547
used to compute the applicable tax in accordance with division (A)	89548
of this section is subject to the deductions prescribed by section	89549
5729.03 of the Revised Code for foreign insurance companies. The	89550
objects of such tax are those declared in section 5725.24 of the	89551
Revised Code, to which only such tax shall be applied.	89552

(C) In no case shall such tax be less than two hundred fifty	89553
dollars.	89554

Sec. 5725.33. (A) Except as otherwise provided in this	89555
section, terms used in this section have the same meaning as	89556
section 45D of the Internal Revenue Code.	89557

As used in this section:

89558

(1) "Adjusted purchase price" means the amount paid for	89559
qualified equity investments multiplied by the qualified	89560
low-income community investments held by the issuer in this state	89561
as a percentage of the total amount of qualified low-income	89562
community investments held by the issuer in all states on the	89563
credit allowance date during the applicable tax year, subject to	89564
divisions (B)(1) and (2) of this section.	89565

(2) "Applicable percentage" means zero per cent for each of	89566
the first two credit allowance dates, seven per cent for the third	89567
credit allowance date, and eight per cent for the four following	89568
credit allowance dates.	89569

(3) "Credit allowance date" means the date, on or after	89570
January 1, 2010, a qualified equity investment is made and each	89571
of the six anniversary dates thereafter. For qualified equity	89572
investments made after the effective date of this section but	89573
before January 1, 2010, the initial credit allowance date is	89574
January 1, 2010, and each of the six anniversary dates thereafter	89575
is on the first day of January of each year.	89576

(4) "Long-term debt security" means any debt instrument	89577
issued by a qualified community development entity, at par value	89578
or a premium, with an original maturity date at least seven years	89579
after the date of its issuance. The debt instrument shall not	89580
provide for acceleration of repayment, amortization, or prepayment	89581
features prior to its original maturity date, or for distribution,	89582
payment, or interest features related to profitability of the	89583
qualified community development entity or the performance of the	89584
qualified community development entity's investment portfolio,	89585
except for provisions permitting the instrument's holder to	89586
accelerate payments on the instrument if the issuer defaults on	89587
covenants designed to ensure compliance with this section or	89588
section 45D of the Internal Revenue Code.	89589

(5) "Qualified active low-income community business" excludes	89590
any business that derives or projects to derive fifteen per cent	89591
or more of annual revenue from the rental or sale of real	89592
property.	89593

(6) "Qualified community development entity" includes only	89594
entities that have entered into an allocation agreement with the	89595
community development financial institutions fund of the United	89596
States department of the treasury with respect to credits	89597
authorized by section 45D of the Internal Revenue Code and whose	89598
service area includes this state.	89599

(7) "Qualified equity investment" is limited to an equity	89600
investment in, or long-term debt security issued by, a qualified	89601
community development entity that:	89602

(a) Is acquired after the effective date of the enactment of	89603
this section at its original issuance solely in exchange for	89604
cash;	89605

(b) Has at least eighty-five per cent of its cash purchase	89606
price used by the issuer to make qualified low-income community	89607
investments; and	89608

(c) Is designated by the issuer as a qualified equity	89609
investment.	89610

"Qualified equity investment" includes any equity investment	89611
that would, but for division (A)(7)(a) of this section, be a	89612
qualified equity investment in the hands of the taxpayer if such	89613
investment was a qualified equity investment in the hands of a	89614
prior holder.	89615

(B) There is hereby allowed a nonrefundable credit against	89616
the tax imposed by section 5725.18 of the Revised Code for an	89617
insurance company holding a qualified equity investment on the	89618
credit allowance date occurring in the calendar year for which the	89619
tax is due. The credit shall equal the applicable percentage of	89620
the adjusted purchase price of qualified low-income community	89621
investments, subject to divisions (B)(1) and (2) of this section:	89622

(1) For the purpose of calculating the amount of qualified	89623
low-income community investments held by an issuer, an investment	89624
shall be considered held by an issuer even if the investment has	89625
been sold or repaid, provided that the issuer reinvests an amount	89626
equal to the capital returned to or recovered by the issuer from	89627
the original investment, exclusive of any profits realized, in	89628
another qualified low-income community investment within twelve	89629
months of the receipt of such capital, unless the investment is	89630
sold or repaid after the sixth anniversary of the issuance of the	89631
qualified equity investment. If the qualified low-income community	89632
investment is sold or repaid after the sixth anniversary of the	89633
issuance of the qualified equity investment, the qualified	89634
low-income community investment shall be considered held by the	89635
issuer through the seventh anniversary of the qualified equity	89636
investment's issuance.	89637

(2) The qualified low-income community investment held in	89638
this state shall equal the sum of the qualified low-income	89639
community investments in each qualified active low-income	89640
community business, not to exceed one million dollars, in which	89641
the qualified community development entity invests, including such	89642
investments in any such businesses related directly or indirectly	89643
to that qualified active low-income community business through	89644
majority ownership or control.	89645

The credit shall be claimed in the order prescribed by	89646
section 5725.98 of the Revised Code. If the amount of the credit	89647
exceeds the amount of tax otherwise due after deducting all other	89648
credits in that order, the excess may be carried forward and	89649
applied to the tax due for not more than four ensuing years.	89650

By claiming a tax credit under this section, an insurance	89651
company waives its rights under section 5725.222 of the Revised	89652
Code with respect to the time limitation for the assessment of	89653
taxes as it relates to credits claimed that later become subject	89654
to recapture under division (E) of this section.	89655

(C) The amount of qualified equity investments on the basis	89656
of which credits may be claimed under this section and sections	89657
5729.16 and 5733.58 of the Revised Code shall not exceed the	89658
amount, estimated by the director of development, that would	89659
cause the total amount of credits allowed each fiscal year to	89660
exceed ten million dollars, computed without regard to the	89661
potential for taxpayers to carry tax credits forward to later	89662
years.	89663

(D) The issuer of a qualified equity investment shall certify	89664
to the director of development the anticipated dollar amount of	89665
qualified low-income community investments to be made during the	89666
first twelve-month period following the initial credit allowance	89667
date. On the second credit allowance date, the director shall	89668
increase or decrease the credits allowed for such investments as	89669
necessary to account for differences between the actual dollar	89670
amount of such investments and the anticipated amount certified	89671
by the issuer.	89672

(E) If any amount of the federal tax credit allowed for a	89673
qualified equity investment for which a credit was received under	89674
this section is recaptured under section 45D of the Internal	89675
Revenue Code, or if the issuer of a qualified equity investment	89676
for which a credit was claimed under this section redeems or	89677
repays principal of the investment before the seventh anniversary	89678
of its issuance, all or a portion of the credit received on	89679
account of that investment shall be paid by the insurance company	89680
that received the credit to the superintendent of insurance. The	89681
amount to be recovered shall be determined by the director of	89682
development pursuant to rules adopted under division (F) of this	89683
section. The director shall certify any amount due under this	89684
division to the superintendent of insurance, and the	89685
superintendent shall notify the treasurer of state of the amount	89686
due. Upon notification, the treasurer shall invoice the insurance	89687
company for the amount due. The amount due is payable not later	89688
than thirty days after the date the treasurer invoices the	89689
insurance company. The amount due shall be considered to be tax	89690
due under section 5725.18 of the Revised Code, and may be	89691
collected by assessment without regard to the time limitations	89692
imposed under section 5725.222 of the Revised Code for the	89693
assessment of taxes by the superintendent. All amounts collected	89694
under this division shall be credited as revenue from the tax	89695
levied under section 5725.18 of the Revised Code.	89696

(F) The director of development, pursuant to Chapter 119. of	89697
the Revised Code, shall adopt rules for the administration of this	89698
section and sections 5729.16 and 5733.58 of the Revised Code. The	89699
rules shall provide for determining the recovery of credits under	89700
division (E) of this section, division (E) of section 5729.16,	89701
and section 5733.58 of the Revised Code, including prorating the	89702
amount of the credit to be recovered on any reasonable basis, and	89703
the manner in which credits may be allocated among claimants. The	89704
manner of allocating credits among claimants shall provide that	89705
credits shall be granted in the order in which claimants certify	89706
their anticipated qualified equity investments under division (D)	89707
of this section, division (D) of section 5729.16, and section	89708
5733.58 of the Revised Code.	89709

Sec. 5725.98. (A) To provide a uniform procedure for	89710
calculating the amount of tax imposed by section 5725.18 of the	89711
Revised Code that is due under this chapter, a taxpayer shall	89712
claim any credits and offsets against tax liability to which it is	89713
entitled in the following order:	89714

(1) The credit for an insurance company or insurance company	89715
group under section 5729.031 of the Revised Code.	89716

(2) The credit for eligible employee training costs under	89717
section 5725.31 of the Revised Code.	89718

(3) The credit for purchasers of qualified low-income	89719
community investments under section 5725.33 of the Revised Code;	89720

(4) The job retention credit under section 122.171 of the	89721
Revised Code;	89722

(5) The offset of assessments by the Ohio life and health	89723
insurance guaranty association permitted by section 3956.20 of the	89724
Revised Code.	89725

~~(4)~~(6) The refundable credit for Ohio job creation under	89726
section 5725.32 of the Revised Code.	89727

~~(5)~~(7) The refundable credit under section ~~5729.08~~5725.19 of	89728
the Revised Code for losses on loans made under the Ohio venture	89729
capital program under sections 150.01 to 150.10 of the Revised	89730
Code.	89731

(B) For any credit except the credits enumerated in divisions	89732
(A)~~(4)~~(6) and ~~(5)~~(7) of this section, the amount of the credit for	89733
a taxable year shall not exceed the tax due after allowing for any	89734
other credit that precedes it in the order required under this	89735
section. Any excess amount of a particular credit may be carried	89736
forward if authorized under the section creating that credit.	89737
Nothing in this chapter shall be construed to allow a taxpayer to	89738
claim, directly or indirectly, a credit more than once for a	89739
taxable year.	89740

Sec. 5727.84. (A) As used in this section and sections	89741
5727.85, 5727.86, and 5727.87 of the Revised Code:	89742

(1) "School district" means a city, local, or exempted	89743
village school district.	89744

(2) "Joint vocational school district" means a joint	89745
vocational school district created under section 3311.16 of the	89746
Revised Code, and includes a cooperative education school district	89747
created under section 3311.52 or 3311.521 of the Revised Code and	89748
a county school financing district created under section 3311.50	89749
of the Revised Code.	89750

(3) "Local taxing unit" means a subdivision or taxing unit,	89751
as defined in section 5705.01 of the Revised Code, a park district	89752
created under Chapter 1545. of the Revised Code, or a township	89753
park district established under section 511.23 of the Revised	89754
Code, but excludes school districts and joint vocational school	89755
districts.	89756

(4) "State education aid," for a school district, means the	89757
following:	89758

(a) For fiscal years prior to fiscal year 2010, the sum of	89759
state aid amounts computed for the district under divisions (A),	89760
(C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions	89761
(B), (C), and (D) of section 3317.023; divisions (G), (L), and	89762
(N) of section 3317.024; and sections 3317.029, 3317.0216,	89763
3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the	89764
Revised Code; and the adjustments required by: division (C) of	89765
section 3310.08; division (C)(2) of section 3310.41; division (C)	89766
of section 3314.08, as that section existed for that fiscal year;	89767
division (D)(2) of section 3314.091; division (D) of former	89768
section 3314.13; divisions (E), (K), (L), (M), and (N) of	89769
section 3317.023; division (C) of section 3317.20; and	89770
sections 3313.979 and 3313.981 of the Revised Code. However,	89771
when calculating state education aid for a school district for	89772
fiscal years 2008 and 2009, include the amount computed for	89773
the district under Section 269.20.80 of H.B. 119 of the 127th	89774
general assembly, as subsequently amended, instead of division	89775
(D) of section 3317.022 of the Revised Code; and include	89776
amounts calculated under Section 269.30.80 of ~~this act~~H.B.	89777
119 of the 127th General Assembly, as subsequently amended~~; and~~	89778
~~account for adjustments under division (C)(2) of section 3310.41~~	89779
~~of the Revised Code~~.	89780

(b) For fiscal year 2010 and for each fiscal year thereafter,	89781
the sum of the amounts computed for the district under sections	89782
3306.052, 3306.12, 3306.13, and 3306.19; division (G) of section	89783
3317.024; sections 3317.05, 3317.052, and 3317.053 of the Revised	89784
Code; and the adjustments required by division (C)(2) of section	89785
3310.41; division (D)(2) of section 3314.091; divisions (E), (K),	89786
(L), (M), and (N) of section 3317.023; division (C) of section	89787
3317.20; and section 3313.979 of the Revised Code.	89788

(5) "State education aid," for a joint vocational school	89789
district, means the following:	89790

(a) For fiscal years prior to fiscal year 2010, the sum of	89791
the state aid amounts computed for the district under division	89792
(N) of section 3317.024 and section 3317.16 of the Revised Code.	89793
However, when calculating state education aid for a joint	89794
vocational school district for fiscal years 2008 and 2009,	89795
include the amount computed for the district under Section	89796
269.30.90 of H.B. 119 of the 127th general assembly, as	89797
subsequently amended.	89798

(b) For fiscal years 2010 and 2011, the amount computed for	89799
the district in accordance with the section of this act entitled	89800
"FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS".	89801

(6) "State education aid offset" means the amount determined	89802
for each school district or joint vocational school district under	89803
division (A)(1) of section 5727.85 of the Revised Code.	89804

(7) "Recognized valuation" has the same meaning as in section	89805
3317.02 of the Revised Code.	89806

(8) "Electric company tax value loss" means the amount	89807
determined under division (D) of this section.	89808

(9) "Natural gas company tax value loss" means the amount	89809
determined under division (E) of this section.	89810

(10) "Tax value loss" means the sum of the electric company	89811
tax value loss and the natural gas company tax value loss.	89812

(11) "Fixed-rate levy" means any tax levied on property other	89813
than a fixed-sum levy.	89814

(12) "Fixed-rate levy loss" means the amount determined under	89815
division (G) of this section.	89816

(13) "Fixed-sum levy" means a tax levied on property at	89817
whatever rate is required to produce a specified amount of tax	89818
money or levied in excess of the ten-mill limitation to pay debt	89819
charges, and includes school district emergency levies imposed	89820
pursuant to section 5705.194 of the Revised Code.	89821

(14) "Fixed-sum levy loss" means the amount determined under	89822
division (H) of this section.	89823

(15) "Consumer price index" means the consumer price index	89824
(all items, all urban consumers) prepared by the bureau of labor	89825
statistics of the United States department of labor.	89826

(B) The kilowatt-hour tax receipts fund is hereby created in	89827
the state treasury and shall consist of money arising from the tax	89828
imposed by section 5727.81 of the Revised Code. All money in the	89829
kilowatt-hour tax receipts fund shall be credited as follows:	89830

(1) Sixty-three per cent shall be credited to the general	89831
revenue fund.	89832

(2) Twenty-five and four-tenths per cent shall be credited to	89833
the school district property tax replacement fund, which is hereby	89834
created in the state treasury for the purpose of making the	89835
payments described in section 5727.85 of the Revised Code.	89836

(3) Eleven and six-tenths per cent shall be credited to the	89837
local government property tax replacement fund, which is hereby	89838
created in the state treasury for the purpose of making the	89839
payments described in section 5727.86 of the Revised Code.	89840

(C) The natural gas tax receipts fund is hereby created in	89841
the state treasury and shall consist of money arising from the tax	89842
imposed by section 5727.811 of the Revised Code. All money in the	89843
fund shall be credited as follows:	89844

(1) Sixty-eight and seven-tenths per cent shall be credited	89845
to the school district property tax replacement fund for the	89846
purpose of making the payments described in section 5727.85 of the	89847
Revised Code.	89848

(2) Thirty-one and three-tenths per cent shall be credited to	89849
the local government property tax replacement fund for the purpose	89850
of making the payments described in section 5727.86 of the Revised	89851
Code.	89852

(D) Not later than January 1, 2002, the tax commissioner	89853
shall determine for each taxing district its electric company tax	89854
value loss, which is the sum of the applicable amounts described	89855
in divisions (D)(1) to (4) of this section:	89856

(1) The difference obtained by subtracting the amount	89857
described in division (D)(1)(b) from the amount described in	89858
division (D)(1)(a) of this section.	89859

(a) The value of electric company and rural electric company	89860
tangible personal property as assessed by the tax commissioner for	89861
tax year 1998 on a preliminary assessment, or an amended	89862
preliminary assessment if issued prior to March 1, 1999, and as	89863
apportioned to the taxing district for tax year 1998;	89864

(b) The value of electric company and rural electric company	89865
tangible personal property as assessed by the tax commissioner for	89866
tax year 1998 had the property been apportioned to the taxing	89867
district for tax year 2001, and assessed at the rates in effect	89868
for tax year 2001.	89869

(2) The difference obtained by subtracting the amount	89870
described in division (D)(2)(b) from the amount described in	89871
division (D)(2)(a) of this section.	89872

(a) The three-year average for tax years 1996, 1997, and 1998	89873
of the assessed value from nuclear fuel materials and assemblies	89874
assessed against a person under Chapter 5711. of the Revised Code	89875
from the leasing of them to an electric company for those	89876
respective tax years, as reflected in the preliminary assessments;	89877

(b) The three-year average assessed value from nuclear fuel	89878
materials and assemblies assessed under division (D)(2)(a) of this	89879
section for tax years 1996, 1997, and 1998, as reflected in the	89880
preliminary assessments, using an assessment rate of twenty-five	89881
per cent.	89882

(3) In the case of a taxing district having a nuclear power	89883
plant within its territory, any amount, resulting in an electric	89884
company tax value loss, obtained by subtracting the amount	89885
described in division (D)(1) of this section from the difference	89886
obtained by subtracting the amount described in division (D)(3)(b)	89887
of this section from the amount described in division (D)(3)(a) of	89888
this section.	89889

(a) The value of electric company tangible personal property	89890
as assessed by the tax commissioner for tax year 2000 on a	89891
preliminary assessment, or an amended preliminary assessment if	89892
issued prior to March 1, 2001, and as apportioned to the taxing	89893
district for tax year 2000;	89894

(b) The value of electric company tangible personal property	89895
as assessed by the tax commissioner for tax year 2001 on a	89896
preliminary assessment, or an amended preliminary assessment if	89897
issued prior to March 1, 2002, and as apportioned to the taxing	89898
district for tax year 2001.	89899

(4) In the case of a taxing district having a nuclear power	89900
plant within its territory, the difference obtained by subtracting	89901
the amount described in division (D)(4)(b) of this section from	89902
the amount described in division (D)(4)(a) of this section,	89903
provided that such difference is greater than ten per cent of the	89904
amount described in division (D)(4)(a) of this section.	89905

(a) The value of electric company tangible personal property	89906
as assessed by the tax commissioner for tax year 2005 on a	89907
preliminary assessment, or an amended preliminary assessment if	89908
issued prior to March 1, 2006, and as apportioned to the taxing	89909
district for tax year 2005;	89910

(b) The value of electric company tangible personal property	89911
as assessed by the tax commissioner for tax year 2006 on a	89912
preliminary assessment, or an amended preliminary assessment if	89913
issued prior to March 1, 2007, and as apportioned to the taxing	89914
district for tax year 2006.	89915

(E) Not later than January 1, 2002, the tax commissioner	89916
shall determine for each taxing district its natural gas company	89917
tax value loss, which is the sum of the amounts described in	89918
divisions (E)(1) and (2) of this section:	89919

(1) The difference obtained by subtracting the amount	89920
described in division (E)(1)(b) from the amount described in	89921
division (E)(1)(a) of this section.	89922

(a) The value of all natural gas company tangible personal	89923
property, other than property described in division (E)(2) of this	89924
section, as assessed by the tax commissioner for tax year 1999 on	89925
a preliminary assessment, or an amended preliminary assessment if	89926
issued prior to March 1, 2000, and apportioned to the taxing	89927
district for tax year 1999;	89928

(b) The value of all natural gas company tangible personal	89929
property, other than property described in division (E)(2) of this	89930
section, as assessed by the tax commissioner for tax year 1999 had	89931
the property been apportioned to the taxing district for tax year	89932
2001, and assessed at the rates in effect for tax year 2001.	89933

(2) The difference in the value of current gas obtained by	89934
subtracting the amount described in division (E)(2)(b) from the	89935
amount described in division (E)(2)(a) of this section.	89936

(a) The three-year average assessed value of current gas as	89937
assessed by the tax commissioner for tax years 1997, 1998, and	89938
1999 on a preliminary assessment, or an amended preliminary	89939
assessment if issued prior to March 1, 2001, and as apportioned in	89940
the taxing district for those respective years;	89941

(b) The three-year average assessed value from current gas	89942
under division (E)(2)(a) of this section for tax years 1997, 1998,	89943
and 1999, as reflected in the preliminary assessment, using an	89944
assessment rate of twenty-five per cent.	89945

(F) The tax commissioner may request that natural gas	89946
companies, electric companies, and rural electric companies file a	89947
report to help determine the tax value loss under divisions (D)	89948
and (E) of this section. The report shall be filed within thirty	89949
days of the commissioner's request. A company that fails to file	89950
the report or does not timely file the report is subject to the	89951
penalty in section 5727.60 of the Revised Code.	89952

(G) Not later than January 1, 2002, the tax commissioner	89953
shall determine for each school district, joint vocational school	89954
district, and local taxing unit its fixed-rate levy loss, which is	89955
the sum of its electric company tax value loss multiplied by the	89956
tax rate in effect in tax year 1998 for fixed-rate levies and its	89957
natural gas company tax value loss multiplied by the tax rate in	89958
effect in tax year 1999 for fixed-rate levies.	89959

(H) Not later than January 1, 2002, the tax commissioner	89960
shall determine for each school district, joint vocational school	89961
district, and local taxing unit its fixed-sum levy loss, which is	89962
the amount obtained by subtracting the amount described in	89963
division (H)(2) of this section from the amount described in	89964
division (H)(1) of this section:	89965

(1) The sum of the electric company tax value loss multiplied	89966
by the tax rate in effect in tax year 1998, and the natural gas	89967
company tax value loss multiplied by the tax rate in effect in tax	89968
year 1999, for fixed-sum levies for all taxing districts within	89969
each school district, joint vocational school district, and local	89970
taxing unit. For the years 2002 through 2006, this computation	89971
shall include school district emergency levies that existed in	89972
1998 in the case of the electric company tax value loss, and 1999	89973
in the case of the natural gas company tax value loss, and all	89974
other fixed-sum levies that existed in 1998 in the case of the	89975
electric company tax value loss and 1999 in the case of the	89976
natural gas company tax value loss and continue to be charged in	89977
the tax year preceding the distribution year. For the years 2007	89978
through 2016 in the case of school district emergency levies, and	89979
for all years after 2006 in the case of all other fixed-sum	89980
levies, this computation shall exclude all fixed-sum levies that	89981
existed in 1998 in the case of the electric company tax value loss	89982
and 1999 in the case of the natural gas company tax value loss,	89983
but are no longer in effect in the tax year preceding the	89984
distribution year. For the purposes of this section, an emergency	89985
levy that existed in 1998 in the case of the electric company tax	89986
value loss, and 1999 in the case of the natural gas company tax	89987
value loss, continues to exist in a year beginning on or after	89988
January 1, 2007, but before January 1, 2017, if, in that year, the	89989
board of education levies a school district emergency levy for an	89990
annual sum at least equal to the annual sum levied by the board in	89991
tax year 1998 or 1999, respectively, less the amount of the	89992
payment certified under this division for 2002.	89993

(2) The total taxable value in tax year 1999 less the tax	89994
value loss in each school district, joint vocational school	89995
district, and local taxing unit multiplied by one-fourth of one	89996
mill.	89997

If the amount computed under division (H) of this section for	89998
any school district, joint vocational school district, or local	89999
taxing unit is greater than zero, that amount shall equal the	90000
fixed-sum levy loss reimbursed pursuant to division (E) of section	90001
5727.85 of the Revised Code or division (A)(2) of section 5727.86	90002
of the Revised Code, and the one-fourth of one mill that is	90003
subtracted under division (H)(2) of this section shall be	90004
apportioned among all contributing fixed-sum levies in the	90005
proportion of each levy to the sum of all fixed-sum levies within	90006
each school district, joint vocational school district, or local	90007
taxing unit.	90008

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	90009
section, in computing the tax value loss, fixed-rate levy loss,	90010
and fixed-sum levy loss, the tax commissioner shall use the	90011
greater of the 1998 tax rate or the 1999 tax rate in the case of	90012
levy losses associated with the electric company tax value loss,	90013
but the 1999 tax rate shall not include for this purpose any tax	90014
levy approved by the voters after June 30, 1999, and the tax	90015
commissioner shall use the greater of the 1999 or the 2000 tax	90016
rate in the case of levy losses associated with the natural gas	90017
company tax value loss.	90018

(J) Not later than January 1, 2002, the tax commissioner	90019
shall certify to the department of education the tax value loss	90020
determined under divisions (D) and (E) of this section for each	90021
taxing district, the fixed-rate levy loss calculated under	90022
division (G) of this section, and the fixed-sum levy loss	90023
calculated under division (H) of this section. The calculations	90024
under divisions (G) and (H) of this section shall separately	90025
display the levy loss for each levy eligible for reimbursement.	90026

(K) Not later than September 1, 2001, the tax commissioner	90027
shall certify the amount of the fixed-sum levy loss to the county	90028
auditor of each county in which a school district with a fixed-sum	90029
levy loss has territory.	90030

Sec. 5728.12. Any non-resident of this state who accepts the	90031
privilege extended by the laws of this state to non-residents of	90032
operating a commercial car or commercial tractor, which is subject	90033
to the tax levied in section 5728.06 of the Revised Code, or of	90034
having the same operated within this state, and any resident of	90035
this state who operates a commercial car or commercial tractor,	90036
which is subject to the tax levied in section 5728.06 of the	90037
Revised Code, or has the same operated within this state and	90038
subsequently becomes a non-resident or conceals ~~his~~the person's	90039
whereabouts, makes the secretary of state of the state of Ohio ~~his~~	90040
the person's agent for the service of process or notice in any	90041
assessment, action or proceeding instituted in this state against	90042
such person out of the failure to pay the taxes imposed ~~upon him~~	90043
by the provisions of section 5728.06 of the Revised Code.	90044

Such process or notice shall be served~~, by the officer to~~	90045
~~whom the same is directed or by the tax commissioner, or by the~~	90046
~~sheriff of Franklin county, who may be deputized for such purpose~~	90047
~~by the officer to whom the service is directed, upon the secretary~~	90048
~~of state by leaving at the office of the secretary of state, at~~	90049
~~least fifteen days before the return day of such process or~~	90050
~~notice, a true and attested copy thereof, and by sending to the~~	90051
~~defendant by registered or certified mail, postage prepaid, a like~~	90052
~~and true attested copy, with an endorsement thereon of the service~~	90053
~~upon said secretary of state, addressed to such defendant at his~~	90054
~~last known address. The registered or certified mail return~~	90055
~~receipt of such defendant shall be attached to and made a part of~~	90056
~~the return of such service of process~~as provided under section	90057
5703.37 of the Revised Code.	90058

Sec. 5729.03. (A) If the superintendent of insurance finds	90059
the annual statement required by section 5729.02 of the Revised	90060
Code to be correct, the superintendent shall compute the following	90061
amount, as applicable, of the balance of such gross amount, after	90062
deducting such return premiums and considerations received for	90063
reinsurance, and charge such amount to such company as a tax upon	90064
the business done by it in this state for the period covered by	90065
such annual statement:	90066

(1) If the company is a health insuring corporation, one per	90067
cent of the balance of premium rate payments received, exclusive	90068
of payments received under the medicare program established under	90069
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	90070
U.S.C.A. 301, as amended, ~~or pursuant to the medical assistance~~	90071
~~program established under Chapter 5111. of the Revised Code,~~ as	90072
reflected in its annual report;	90073

(2) If the company is not a health insuring corporation, one	90074
and four-tenths per cent of the balance of premiums received,	90075
exclusive of premiums received under the medicare program	90076
established under Title XVIII of the "Social Security Act," 49	90077
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, ~~or pursuant to the~~	90078
~~medical assistance program established under Chapter 5111. of the~~	90079
~~Revised Code,~~ as reflected in its annual statement, and, if the	90080
company operates a health insuring corporation as a line of	90081
business, one per cent of the balance of premium rate payments	90082
received from that line of business, exclusive of payments	90083
received under the medicare program established under Title XVIII	90084
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	90085
301, as amended, ~~or pursuant to the medical assistance program~~	90086
~~established under Chapter 5111. of the Revised Code,~~ as reflected	90087
in its annual statement.	90088

(B) Any insurance policies that were not issued in violation	90089
of Title XXXIX of the Revised Code and that were issued prior to	90090
April 15, 1967, by a life insurance company organized and operated	90091
without profit to any private shareholder or individual,	90092
exclusively for the purpose of aiding educational or scientific	90093
institutions organized and operated without profit to any private	90094
shareholder or individual, are not subject to the tax imposed by	90095
this section. All taxes collected pursuant to this section shall	90096
be credited to the general revenue fund.	90097

(C) In no case shall the tax imposed under this section be	90098
less than two hundred fifty dollars.	90099

Sec. 5729.16. (A) Terms used in this section have the same	90100
meaning as in section 5725.33 of the Revised Code.	90101

(B) There is hereby allowed a nonrefundable credit against	90102
the tax imposed by section 5729.03 of the Revised Code for a	90103
foreign insurance company holding a qualified equity investment on	90104
the credit allowance date occurring in the calendar year for which	90105
the tax is due. The credit shall be computed in the same manner	90106
prescribed for the computation of credits allowed under section	90107
5725.33 of the Revised Code.	90108

The credit shall be claimed in the order prescribed by	90109
section 5729.98 of the Revised Code. If the amount of the credit	90110
exceeds the amount of tax otherwise due after deducting all other	90111
credits in that order, the excess may be carried forward and	90112
applied to the tax due for not more than four ensuing years.	90113

By claiming a tax credit under this section, an insurance	90114
company waives its rights under section 5729.102 of the Revised	90115
Code with respect to the time limitation for the assessment of	90116
taxes as it relates to credits claimed that later become subject	90117
to recapture under division (E) of this section.	90118

(C) The total amount of qualified equity investments on the	90119
basis of which credits may be claimed under this section, section	90120
5725.33, and section 5733.58 of the Revised Code is subject to the	90121
limitation of division (C) of section 5725.33 of the Revised	90122
Code.	90123

(D) The issuer of a qualified equity investment shall certify	90124
to the director of development the anticipated dollar amount of	90125
qualified low-income community investments to be made during the	90126
first twelve-month period following the initial credit allowance	90127
date. On the second credit allowance date, the director shall	90128
increase or decrease the credits allowed for such investments as	90129
necessary to account for differences between the actual dollar	90130
amount of such investments and the anticipated amount certified	90131
by the issuer.	90132

(E) If any amount of the federal tax credit allowed for a	90133
qualified equity investment for which a credit was received under	90134
this section is recaptured under section 45D of the Internal	90135
Revenue Code, or if the issuer of a qualified equity investment	90136
for which a credit was claimed under this section redeems or	90137
repays principal of the investment before the seventh anniversary	90138
of its issuance, all or a portion of the credit received on	90139
account of that investment shall be paid by the insurance company	90140
that received the credit to the superintendent of insurance. The	90141
amount to be recovered shall be determined by the director of	90142
development pursuant to rules adopted under section 5725.33 of the	90143
Revised Code. The director shall certify any amount due under this	90144
division to the superintendent of insurance, and the	90145
superintendent shall notify the treasurer of state of the amount	90146
due. Upon notification, the treasurer shall invoice the insurance	90147
company for the amount due. The amount due is payable not later	90148
than thirty days after the date the treasurer invoices the	90149
insurance company. The amount due shall be considered to be tax	90150
due under section 5729.03 of the Revised Code, and may be	90151
collected by assessment without regard to the time limitations	90152
imposed under section 5729.102 of the Revised Code for the	90153
assessment of taxes by the superintendent. All amounts collected	90154
under this division shall be credited as revenue from the tax	90155
levied under section 5729.03 of the Revised Code.	90156

Sec. 5729.98. (A) To provide a uniform procedure for	90157
calculating the amount of tax due under this chapter, a taxpayer	90158
shall claim any credits and offsets against tax liability to which	90159
it is entitled in the following order:	90160

(1) The credit for an insurance company or insurance company	90161
group under section 5729.031 of the Revised Code.	90162

(2) The credit for eligible employee training costs under	90163
section 5729.07 of the Revised Code.	90164

(3) The credit for purchases of qualified low-income	90165
community investments under section 5729.16 of the Revised Code;	90166

(4) The job retention credit under section 122.171 of the	90167
Revised Code.	90168

(5) The offset of assessments by the Ohio life and health	90169
insurance guaranty association against tax liability permitted by	90170
section 3956.20 of the Revised Code.	90171

~~(4)~~(6) The refundable credit for Ohio job creation under	90172
section 5729.032 of the Revised Code.	90173

~~(5)~~(7) The refundable credit under section 5729.08 of the	90174
Revised Code for losses on loans made under the Ohio venture	90175
capital program under sections 150.01 to 150.10 of the Revised	90176
Code.	90177

(B) For any credit except the credits enumerated in divisions	90178
(A)~~(4)~~(6) and ~~(5)~~(7) of this section, the amount of the credit for	90179
a taxable year shall not exceed the tax due after allowing for any	90180
other credit that precedes it in the order required under this	90181
section. Any excess amount of a particular credit may be carried	90182
forward if authorized under the section creating that credit.	90183
Nothing in this chapter shall be construed to allow a taxpayer to	90184
claim, directly or indirectly, a credit more than once for a	90185
taxable year.	90186

Sec. 5733.01. (A) The tax provided by this chapter for	90187
domestic corporations shall be the amount charged against each	90188
corporation organized for profit under the laws of this state and	90189
each nonprofit corporation organized pursuant to Chapter 1729. of	90190
the Revised Code, except as provided in sections 5733.09 and	90191
5733.10 of the Revised Code, for the privilege of exercising its	90192
franchise during the calendar year in which that amount is	90193
payable, and the tax provided by this chapter for foreign	90194
corporations shall be the amount charged against each corporation	90195
organized for profit and each nonprofit corporation organized or	90196
operating in the same or similar manner as nonprofit corporations	90197
organized under Chapter 1729. of the Revised Code, under the laws	90198
of any state or country other than this state, except as provided	90199
in sections 5733.09 and 5733.10 of the Revised Code, for the	90200
privilege of doing business in this state, owning or using a part	90201
or all of its capital or property in this state, holding a	90202
certificate of compliance with the laws of this state authorizing	90203
it to do business in this state, or otherwise having nexus in or	90204
with this state under the Constitution of the United States,	90205
during the calendar year in which that amount is payable.	90206

(B) A corporation is subject to the tax imposed by section	90207
5733.06 of the Revised Code for each calendar year that it is so	90208
organized, doing business, owning or using a part or all of its	90209
capital or property, holding a certificate of compliance, or	90210
otherwise having nexus in or with this state under the	90211
Constitution of the United States, on the first day of January of	90212
that calendar year.	90213

(C) Any corporation subject to this chapter that is not	90214
subject to the federal income tax shall file its returns and	90215
compute its tax liability as required by this chapter in the same	90216
manner as if that corporation were subject to the federal income	90217
tax.	90218

(D) For purposes of this chapter, a federally chartered	90219
financial institution shall be deemed to be organized under the	90220
laws of the state within which its principal office is located.	90221

(E) For purposes of this chapter, any person, as defined in	90222
section 5701.01 of the Revised Code, shall be treated as a	90223
corporation if the person is classified for federal income tax	90224
purposes as an association taxable as a corporation, and an equity	90225
interest in the person shall be treated as capital stock of the	90226
person.	90227

(F) For the purposes of this chapter, "disregarded entity"	90228
has the same meaning as in division (D) of section 5745.01 of the	90229
Revised Code.	90230

(1) A person's interest in a disregarded entity, whether held	90231
directly or indirectly, shall be treated as the person's ownership	90232
of the assets and liabilities of the disregarded entity, and the	90233
income, including gain or loss, shall be included in the person's	90234
net income under this chapter.	90235

(2) Any sale, exchange, or other disposition of the person's	90236
interest in the disregarded entity, whether held directly or	90237
indirectly, shall be treated as a sale, exchange, or other	90238
disposition of the person's share of the disregarded entity's	90239
underlying assets or liabilities, and the gain or loss from such	90240
sale, exchange, or disposition shall be included in the person's	90241
net income under this chapter.	90242

(3) The disregarded entity's payroll, property, and sales	90243
factors shall be included in the person's factors.	90244

(G) The tax a corporation is required to pay under this	90245
chapter shall be as follows:	90246

(1)(a) For financial institutions, the greater of the minimum	90247
payment required under division (E) of section 5733.06 of the	90248
Revised Code or the difference between all taxes charged the	90249
financial institution under this chapter, without regard to	90250
division (G)(2) of this section, less any credits allowable	90251
against such tax.	90252

(b) A corporation satisfying the description in division	90253
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	90254
Code that is not a financial institution, insurance company, or	90255
dealer in intangibles is subject to the taxes imposed under this	90256
chapter as a corporation and not subject to tax as a financial	90257
institution, and shall pay the greater of the minimum payment	90258
required under division (E) of section 5733.06 of the Revised Code	90259
or the difference between all the taxes charged under this	90260
chapter, without regard to division (G)(2) of this section, less	90261
any credits allowable against such tax.	90262

(2) For all corporations other than those persons described	90263
in division (G)(1)(a) or (b) of this section, the amount under	90264
division (G)(2)(a) of this section applicable to the tax year	90265
specified less the amount under division (G)(2)(b) of this	90266
section:	90267

(a)(i) For tax year 2005, the greater of the minimum payment	90268
required under division (E) of section 5733.06 of the Revised Code	90269
or the difference between all taxes charged the corporation under	90270
this chapter and any credits allowable against such tax;	90271

(ii) For tax year 2006, the greater of the minimum payment	90272
required under division (E) of section 5733.06 of the Revised Code	90273
or four-fifths of the difference between all taxes charged the	90274
corporation under this chapter and any credits allowable against	90275
such tax, except the qualifying pass-through entity tax credit	90276
described in division (A)~~(29)~~(30) and the refundable credits	90277
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	90278
of the Revised Code;	90279

(iii) For tax year 2007, the greater of the minimum payment	90280
required under division (E) of section 5733.06 of the Revised Code	90281
or three-fifths of the difference between all taxes charged the	90282
corporation under this chapter and any credits allowable against	90283
such tax, except the qualifying pass-through entity tax credit	90284
described in division (A)~~(29)~~(30) and the refundable credits	90285
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	90286
of the Revised Code;	90287

(iv) For tax year 2008, the greater of the minimum payment	90288
required under division (E) of section 5733.06 of the Revised Code	90289
or two-fifths of the difference between all taxes charged the	90290
corporation under this chapter and any credits allowable against	90291
such tax, except the qualifying pass-through entity tax credit	90292
described in division (A)~~(29)~~(30) and the refundable credits	90293
described in divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98	90294
of the Revised Code;	90295

(v) For tax year 2009, the greater of the minimum payment	90296
required under division (E) of section 5733.06 of the Revised Code	90297
or one-fifth of the difference between all taxes charged the	90298
corporation under this chapter and any credits allowable against	90299
such tax, except the qualifying pass-through entity tax credit	90300
described in division (A)~~(29)~~(30) and the refundable credits	90301
described in divisions (A)~~(30),~~ (31), (32), ~~and~~ (33), and (34) of	90302
section 5733.98 of the Revised Code;	90303

(vi) For tax year 2010 and each tax year thereafter, no tax.

90304

(b) A corporation shall subtract from the amount calculated	90305
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	90306
any qualifying pass-through entity tax credit described in	90307
division (A)~~(29)~~(30) and any refundable credits described in	90308
divisions (A)~~(30)~~(31) to ~~(34)~~(35) of section 5733.98 of the	90309
Revised Code to which the corporation is entitled. Any unused	90310
qualifying pass-through entity tax credit is not refundable.	90311

(c) For the purposes of computing the amount of a credit that	90312
may be carried forward to a subsequent tax year under division	90313
(G)(2) of this section, a credit is utilized against the tax for a	90314
tax year to the extent the credit applies against the tax for that	90315
tax year, even if the difference is then multiplied by the	90316
applicable fraction under division (G)(2)(a) of this section.	90317

(3) Nothing in division (G) of this section eliminates or	90318
reduces the tax imposed by section 5733.41 of the Revised Code on	90319
a qualifying pass-through entity.	90320

Sec. 5733.04. As used in this chapter:

90321

(A) "Issued and outstanding shares of stock" applies to	90322
nonprofit corporations, as provided in section 5733.01 of the	90323
Revised Code, and includes, but is not limited to, membership	90324
certificates and other instruments evidencing ownership of an	90325
interest in such nonprofit corporations, and with respect to a	90326
financial institution that does not have capital stock, "issued	90327
and outstanding shares of stock" includes, but is not limited to,	90328
ownership interests of depositors in the capital employed in such	90329
an institution.	90330

(B) "Taxpayer" means a corporation subject to the tax imposed	90331
by section 5733.06 of the Revised Code.	90332

(C) "Resident" means a corporation organized under the laws	90333
of this state.	90334

(D) "Commercial domicile" means the principal place from	90335
which the trade or business of the taxpayer is directed or	90336
managed.	90337

(E) "Taxable year" means the period prescribed by division	90338
(A) of section 5733.031 of the Revised Code upon the net income of	90339
which the value of the taxpayer's issued and outstanding shares of	90340
stock is determined under division (B) of section 5733.05 of the	90341
Revised Code or the period prescribed by division (A) of section	90342
5733.031 of the Revised Code that immediately precedes the date as	90343
of which the total value of the corporation is determined under	90344
division (A) or (C) of section 5733.05 of the Revised Code.	90345

(F) "Tax year" means the calendar year in and for which the	90346
tax imposed by section 5733.06 of the Revised Code is required to	90347
be paid.	90348

(G) "Internal Revenue Code" means the "Internal Revenue Code	90349
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	90350

(H) "Federal income tax" means the income tax imposed by the	90351
Internal Revenue Code.	90352

(I) Except as provided in section 5733.058 of the Revised	90353
Code, "net income" means the taxpayer's taxable income before	90354
operating loss deduction and special deductions, as required to be	90355
reported for the taxpayer's taxable year under the Internal	90356
Revenue Code, subject to the following adjustments:	90357

(1)(a) Deduct any net operating loss incurred in any taxable	90358
years ending in 1971 or thereafter, but exclusive of any net	90359
operating loss incurred in taxable years ending prior to January	90360
1, 1971. This deduction shall not be allowed in any tax year	90361
commencing before December 31, 1973, but shall be carried over and	90362
allowed in tax years commencing after December 31, 1973, until	90363
fully utilized in the next succeeding taxable year or years in	90364
which the taxpayer has net income, but in no case for more than	90365
the designated carryover period as described in division (I)(1)(b)	90366
of this section. The amount of such net operating loss, as	90367
determined under the allocation and apportionment provisions of	90368
section 5733.051 and division (B) of section 5733.05 of the	90369
Revised Code for the year in which the net operating loss occurs,	90370
shall be deducted from net income, as determined under the	90371
allocation and apportionment provisions of section 5733.051 and	90372
division (B) of section 5733.05 of the Revised Code, to the extent	90373
necessary to reduce net income to zero with the remaining unused	90374
portion of the deduction, if any, carried forward to the remaining	90375
years of the designated carryover period as described in division	90376
(I)(1)(b) of this section, or until fully utilized, whichever	90377
occurs first.	90378

(b) For losses incurred in taxable years ending on or before	90379
December 31, 1981, the designated carryover period shall be the	90380
five consecutive taxable years after the taxable year in which the	90381
net operating loss occurred. For losses incurred in taxable years	90382
ending on or after January 1, 1982, and beginning before August 6,	90383
1997, the designated carryover period shall be the fifteen	90384
consecutive taxable years after the taxable year in which the net	90385
operating loss occurs. For losses incurred in taxable years	90386
beginning on or after August 6, 1997, the designated carryover	90387
period shall be the twenty consecutive taxable years after the	90388
taxable year in which the net operating loss occurs.	90389

(c) The tax commissioner may require a taxpayer to furnish	90390
any information necessary to support a claim for deduction under	90391
division (I)(1)(a) of this section and no deduction shall be	90392
allowed unless the information is furnished.	90393

(2) Deduct any amount included in net income by application	90394
of section 78 or 951 of the Internal Revenue Code, amounts	90395
received for royalties, technical or other services derived from	90396
sources outside the United States, and dividends received from a	90397
subsidiary, associate, or affiliated corporation that neither	90398
transacts any substantial portion of its business nor regularly	90399
maintains any substantial portion of its assets within the United	90400
States. For purposes of determining net foreign source income	90401
deductible under division (I)(2) of this section, the amount of	90402
gross income from all such sources other than dividend income and	90403
income derived by application of section 78 or 951 of the Internal	90404
Revenue Code shall be reduced by:	90405

(a) The amount of any reimbursed expenses for personal	90406
services performed by employees of the taxpayer for the	90407
subsidiary, associate, or affiliated corporation;	90408

(b) Ten per cent of the amount of royalty income and	90409
technical assistance fees;	90410

90411

The amounts described in divisions (I)(2)(a) to (c) of this	90412
section are deemed to be the expenses attributable to the	90413
production of deductible foreign source income unless the taxpayer	90414
shows, by clear and convincing evidence, less actual expenses, or	90415
the tax commissioner shows, by clear and convincing evidence, more	90416
actual expenses.	90417

(3) Add any loss or deduct any gain resulting from the sale,	90418
exchange, or other disposition of a capital asset, or an asset	90419
described in section 1231 of the Internal Revenue Code, to the	90420
extent that such loss or gain occurred prior to the first taxable	90421
year on which the tax provided for in section 5733.06 of the	90422
Revised Code is computed on the corporation's net income. For	90423
purposes of division (I)(3) of this section, the amount of the	90424
prior loss or gain shall be measured by the difference between the	90425
original cost or other basis of the asset and the fair market	90426
value as of the beginning of the first taxable year on which the	90427
tax provided for in section 5733.06 of the Revised Code is	90428
computed on the corporation's net income. At the option of the	90429
taxpayer, the amount of the prior loss or gain may be a percentage	90430
of the gain or loss, which percentage shall be determined by	90431
multiplying the gain or loss by a fraction, the numerator of which	90432
is the number of months from the acquisition of the asset to the	90433
beginning of the first taxable year on which the fee provided in	90434
section 5733.06 of the Revised Code is computed on the	90435
corporation's net income, and the denominator of which is the	90436
number of months from the acquisition of the asset to the sale,	90437
exchange, or other disposition of the asset. The adjustments	90438
described in this division do not apply to any gain or loss where	90439
the gain or loss is recognized by a qualifying taxpayer, as	90440
defined in section 5733.0510 of the Revised Code, with respect to	90441
a qualifying taxable event, as defined in that section.	90442

(4) Deduct the dividend received deduction provided by	90443
section 243 of the Internal Revenue Code.	90444

(5) Deduct any interest or interest equivalent on public	90445
obligations and purchase obligations to the extent included in	90446
federal taxable income. As used in divisions (I)(5) and (6) of	90447
this section, "public obligations," "purchase obligations," and	90448
"interest or interest equivalent" have the same meanings as in	90449
section 5709.76 of the Revised Code.	90450

(6) Add any loss or deduct any gain resulting from the sale,	90451
exchange, or other disposition of public obligations to the extent	90452
included in federal taxable income.	90453

(7) To the extent not otherwise allowed, deduct any dividends	90454
or distributions received by a taxpayer from a public utility,	90455
excluding an electric company and a combined company, and, for tax	90456
years 2005 and thereafter, a telephone company, if the taxpayer	90457
owns at least eighty per cent of the issued and outstanding common	90458
stock of the public utility. As used in division (I)(7) of this	90459
section, "public utility" means a public utility as defined in	90460
Chapter 5727. of the Revised Code, whether or not the public	90461
utility is doing business in the state.	90462

(8) To the extent not otherwise allowed, deduct any dividends	90463
received by a taxpayer from an insurance company, if the taxpayer	90464
owns at least eighty per cent of the issued and outstanding common	90465
stock of the insurance company. As used in division (I)(8) of this	90466
section, "insurance company" means an insurance company that is	90467
taxable under Chapter 5725. or 5729. of the Revised Code.	90468

(9) Deduct expenditures for modifying existing buildings or	90469
structures to meet American national standards institute standard	90470
A-117.1-1961 (R-1971), as amended; provided, that no deduction	90471
shall be allowed to the extent that such deduction is not	90472
permitted under federal law or under rules of the tax	90473
commissioner. Those deductions as are allowed may be taken over a	90474
period of five years. The tax commissioner shall adopt rules under	90475
Chapter 119. of the Revised Code establishing reasonable	90476
limitations on the extent that expenditures for modifying existing	90477
buildings or structures are attributable to the purpose of making	90478
the buildings or structures accessible to and usable by physically	90479
handicapped persons.	90480

(10) Deduct the amount of wages and salaries, if any, not	90481
otherwise allowable as a deduction but that would have been	90482
allowable as a deduction in computing federal taxable income	90483
before operating loss deduction and special deductions for the	90484
taxable year, had the targeted jobs credit allowed and determined	90485
under sections 38, 51, and 52 of the Internal Revenue Code not	90486
been in effect.	90487

(11) Deduct net interest income on obligations of the United	90488
States and its territories and possessions or of any authority,	90489
commission, or instrumentality of the United States to the extent	90490
the laws of the United States prohibit inclusion of the net	90491
interest for purposes of determining the value of the taxpayer's	90492
issued and outstanding shares of stock under division (B) of	90493
section 5733.05 of the Revised Code. As used in division (I)(11)	90494
of this section, "net interest" means interest net of any expenses	90495
taken on the federal income tax return that would not have been	90496
allowed under section 265 of the Internal Revenue Code if the	90497
interest were exempt from federal income tax.	90498

(12)(a) Except as set forth in division (I)(12)(d) of this	90499
section, to the extent not included in computing the taxpayer's	90500
federal taxable income before operating loss deduction and special	90501
deductions, add gains and deduct losses from direct or indirect	90502
sales, exchanges, or other dispositions, made by a related entity	90503
who is not a taxpayer, of the taxpayer's indirect, beneficial, or	90504
constructive investment in the stock or debt of another entity,	90505
unless the gain or loss has been included in computing the federal	90506
taxable income before operating loss deduction and special	90507
deductions of another taxpayer with a more closely related	90508
investment in the stock or debt of the other entity. The amount of	90509
gain added or loss deducted shall not exceed the product obtained	90510
by multiplying such gain or loss by the taxpayer's proportionate	90511
share, directly, indirectly, beneficially, or constructively, of	90512
the outstanding stock of the related entity immediately prior to	90513
the direct or indirect sale, exchange, or other disposition.	90514

(b) Except as set forth in division (I)(12)(e) of this	90515
section, to the extent not included in computing the taxpayer's	90516
federal taxable income before operating loss deduction and special	90517
deductions, add gains and deduct losses from direct or indirect	90518
sales, exchanges, or other dispositions made by a related entity	90519
who is not a taxpayer, of intangible property other than stock,	90520
securities, and debt, if such property was owned, or used in whole	90521
or in part, at any time prior to or at the time of the sale,	90522
exchange, or disposition by either the taxpayer or by a related	90523
entity that was a taxpayer at any time during the related entity's	90524
ownership or use of such property, unless the gain or loss has	90525
been included in computing the federal taxable income before	90526
operating loss deduction and special deductions of another	90527
taxpayer with a more closely related ownership or use of such	90528
intangible property. The amount of gain added or loss deducted	90529
shall not exceed the product obtained by multiplying such gain or	90530
loss by the taxpayer's proportionate share, directly, indirectly,	90531
beneficially, or constructively, of the outstanding stock of the	90532
related entity immediately prior to the direct or indirect sale,	90533
exchange, or other disposition.	90534

(c) As used in division (I)(12) of this section, "related	90535
entity" means those entities described in divisions (I)(12)(c)(i)	90536
to (iii) of this section:	90537

(i) An individual stockholder, or a member of the	90538
stockholder's family enumerated in section 318 of the Internal	90539
Revenue Code, if the stockholder and the members of the	90540
stockholder's family own, directly, indirectly, beneficially, or	90541
constructively, in the aggregate, at least fifty per cent of the	90542
value of the taxpayer's outstanding stock;	90543

(ii) A stockholder, or a stockholder's partnership, estate,	90544
trust, or corporation, if the stockholder and the stockholder's	90545
partnerships, estates, trusts, and corporations own directly,	90546
indirectly, beneficially, or constructively, in the aggregate, at	90547
least fifty per cent of the value of the taxpayer's outstanding	90548
stock;	90549

(iii) A corporation, or a party related to the corporation in	90550
a manner that would require an attribution of stock from the	90551
corporation to the party or from the party to the corporation	90552
under division (I)(12)(c)(iv) of this section, if the taxpayer	90553
owns, directly, indirectly, beneficially, or constructively, at	90554
least fifty per cent of the value of the corporation's outstanding	90555
stock.	90556

(iv) The attribution rules of section 318 of the Internal	90557
Revenue Code apply for purposes of determining whether the	90558
ownership requirements in divisions (I)(12)(c)(i) to (iii) of this	90559
section have been met.	90560

(d) For purposes of the adjustments required by division	90561
(I)(12)(a) of this section, the term "investment in the stock or	90562
debt of another entity" means only those investments where the	90563
taxpayer and the taxpayer's related entities directly, indirectly,	90564
beneficially, or constructively own, in the aggregate, at any time	90565
during the twenty-four month period commencing one year prior to	90566
the direct or indirect sale, exchange, or other disposition of	90567
such investment at least fifty per cent or more of the value of	90568
either the outstanding stock or such debt of such other entity.	90569

(e) For purposes of the adjustments required by division	90570
(I)(12)(b) of this section, the term "related entity" excludes all	90571
of the following:	90572

(i) Foreign corporations as defined in section 7701 of the	90573
Internal Revenue Code;	90574

(ii) Foreign partnerships as defined in section 7701 of the	90575
Internal Revenue Code;	90576

(iii) Corporations, partnerships, estates, and trusts created	90577
or organized in or under the laws of the Commonwealth of Puerto	90578
Rico or any possession of the United States;	90579

(iv) Foreign estates and foreign trusts as defined in section	90580
7701 of the Internal Revenue Code.	90581

The exclusions described in divisions (I)(12)(e)(i) to (iv)	90582
of this section do not apply if the corporation, partnership,	90583
estate, or trust is described in any one of divisions (C)(1) to	90584
(5) of section 5733.042 of the Revised Code.	90585

(f) Nothing in division (I)(12) of this section shall require	90586
or permit a taxpayer to add any gains or deduct any losses	90587
described in divisions (I)(12)(f)(i) and (ii) of this section:	90588

(i) Gains or losses recognized for federal income tax	90589
purposes by an individual, estate, or trust without regard to the	90590
attribution rules described in division (I)(12)(c) of this	90591
section;	90592

(ii) A related entity's gains or losses described in division	90593
(I)(12)(b) of this section if the taxpayer's ownership of or use	90594
of such intangible property was limited to a period not exceeding	90595
nine months and was attributable to a transaction or a series of	90596
transactions executed in accordance with the election or elections	90597
made by the taxpayer or a related entity pursuant to section 338	90598
of the Internal Revenue Code.	90599

(13) Any adjustment required by section 5733.042 of the	90600
Revised Code.	90601

(14) Add any amount claimed as a credit under section	90602
5733.0611 of the Revised Code to the extent that such amount	90603
satisfies either of the following:	90604

(a) It was deducted or excluded from the computation of the	90605
corporation's taxable income before operating loss deduction and	90606
special deductions as required to be reported for the	90607
corporation's taxable year under the Internal Revenue Code;	90608

(b) It resulted in a reduction of the corporation's taxable	90609
income before operating loss deduction and special deductions as	90610
required to be reported for any of the corporation's taxable years	90611
under the Internal Revenue Code.	90612

(15) Deduct the amount contributed by the taxpayer to an	90613
individual development account program established by a county	90614
department of job and family services pursuant to sections 329.11	90615
to 329.14 of the Revised Code for the purpose of matching funds	90616
deposited by program participants. On request of the tax	90617
commissioner, the taxpayer shall provide any information that, in	90618
the tax commissioner's opinion, is necessary to establish the	90619
amount deducted under division (I)(15) of this section.	90620

(16) Any adjustment required by section 5733.0510 or	90621
5733.0511 of the Revised Code.	90622

(17)(a)(i) Add five-sixths of the amount of depreciation	90623
expense allowed under subsection (k) of section 168 of the	90624
Internal Revenue Code, including a person's proportionate or	90625
distributive share of the amount of depreciation expense allowed	90626
by that subsection to any pass-through entity in which the person	90627
has direct or indirect ownership.	90628

(ii) Add five-sixths of the amount of qualifying section 179	90629
depreciation expense, including a person's proportionate or	90630
distributive share of the amount of qualifying section 179	90631
depreciation expense allowed to any pass-through entity in which	90632
the person has a direct or indirect ownership. For the purposes of	90633
this division, "qualifying section 179 depreciation expense" means	90634
the difference between (I) the amount of depreciation expense	90635
directly or indirectly allowed to the taxpayer under section 179	90636
of the Internal Revenue Code, and (II) the amount of depreciation	90637
expense directly or indirectly allowed to the taxpayer under	90638
section 179 of the Internal Revenue Code as that section existed	90639
on December 31, 2002.	90640

The tax commissioner, under procedures established by the	90641
commissioner, may waive the add-backs related to a pass-through	90642
entity if the person owns, directly or indirectly, less than five	90643
per cent of the pass-through entity.	90644

(b) Nothing in division (I)(17) of this section shall be	90645
construed to adjust or modify the adjusted basis of any asset.	90646

(c) To the extent the add-back is attributable to property	90647
generating income or loss allocable under section 5733.051 of the	90648
Revised Code, the add-back shall be allocated to the same location	90649
as the income or loss generated by that property. Otherwise, the	90650
add-back shall be apportioned, subject to division (B)(2)(d) of	90651
section 5733.05 of the Revised Code.	90652

(18)(a) If a person is required to make the add-back under	90653
division (I)(17)(a) of this section for a tax year, the person	90654
shall deduct one-fifth of the amount added back for each of the	90655
succeeding five tax years.	90656

(b) If the amount deducted under division (I)(18)(a) of this	90657
section is attributable to an add-back allocated under division	90658
(I)(17)(c) of this section, the amount deducted shall be allocated	90659
to the same location. Otherwise, the amount shall be apportioned	90660
using the apportionment factors for the taxable year in which the	90661
deduction is taken, subject to division (B)(2)(d) of section	90662
5733.05 of the Revised Code.	90663

(J) Except as otherwise expressly provided or clearly	90664
appearing from the context, any term used in this chapter has the	90665
same meaning as when used in a comparable context in the laws of	90666
the United States relating to federal income taxes. Any reference	90667
in this chapter to the Internal Revenue Code includes other laws	90668
of the United States relating to federal income taxes.	90669

(K) "Financial institution" has the meaning given by section	90670
5725.01 of the Revised Code but does not include a production	90671
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	90672

(L)(1) A "qualifying holding company" is any corporation	90673
satisfying all of the following requirements:	90674

(a) Subject to divisions (L)(2) and (3) of this section, the	90675
net book value of the corporation's intangible assets is greater	90676
than or equal to ninety per cent of the net book value of all of	90677
its assets and at least fifty per cent of the net book value of	90678
all of its assets represents direct or indirect investments in the	90679
equity of, loans and advances to, and accounts receivable due from	90680
related members;	90681

(b) At least ninety per cent of the corporation's gross	90682
income for the taxable year is attributable to the following:	90683

(i) The maintenance, management, ownership, acquisition, use,	90684
and disposition of its intangible property, its aircraft the use	90685
of which is not subject to regulation under 14 C.F.R. part 121 or	90686
part 135, and any real property described in division (L)(2)(c) of	90687
this section;	90688

(ii) The collection and distribution of income from such	90689
property.	90690

(c) The corporation is not a financial institution on the	90691
last day of the taxable year ending prior to the first day of the	90692
tax year;	90693

(d) The corporation's related members make a good faith and	90694
reasonable effort to make timely and fully the adjustments	90695
required by division ~~(C)(2)~~(D) of section 5733.05 of the Revised	90696
Code and to pay timely and fully all uncontested taxes, interest,	90697
penalties, and other fees and charges imposed under this chapter;	90698

(e) Subject to division (L)(4) of this section, the	90699
corporation elects to be treated as a qualifying holding company	90700
for the tax year.	90701

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	90702
of this section that does not elect to be a qualifying holding	90703
company is not a qualifying holding company for the purposes of	90704
this chapter.	90705

(2)(a)(i) For purposes of making the ninety per cent	90706
computation under division (L)(1)(a) of this section, the net book	90707
value of the corporation's assets shall not include the net book	90708
value of aircraft or real property described in division	90709
(L)(1)(b)(i) of this section.	90710

(ii) For purposes of making the fifty per cent computation	90711
under division (L)(1)(a) of this section, the net book value of	90712
assets shall include the net book value of aircraft or real	90713
property described in division (L)(1)(b)(i) of this section.	90714

(b)(i) As used in division (L) of this section, "intangible	90715
asset" includes, but is not limited to, the corporation's direct	90716
interest in each pass-through entity only if at all times during	90717
the corporation's taxable year ending prior to the first day of	90718
the tax year the corporation's and the corporation's related	90719
members' combined direct and indirect interests in the capital or	90720
profits of such pass-through entity do not exceed fifty per cent.	90721
If the corporation's interest in the pass-through entity is an	90722
intangible asset for that taxable year, then the distributive	90723
share of any income from the pass-through entity shall be income	90724
from an intangible asset for that taxable year.	90725

(ii) If a corporation's and the corporation's related	90726
members' combined direct and indirect interests in the capital or	90727
profits of a pass-through entity exceed fifty per cent at any time	90728
during the corporation's taxable year ending prior to the first	90729
day of the tax year, "intangible asset" does not include the	90730
corporation's direct interest in the pass-through entity, and the	90731
corporation shall include in its assets its proportionate share of	90732
the assets of any such pass-through entity and shall include in	90733
its gross income its distributive share of the gross income of	90734
such pass-through entity in the same form as was earned by the	90735
pass-through entity.	90736

(iii) A pass-through entity's direct or indirect	90737
proportionate share of any other pass-through entity's assets	90738
shall be included for the purpose of computing the corporation's	90739
proportionate share of the pass-through entity's assets under	90740
division (L)(2)(b)(ii) of this section, and such pass-through	90741
entity's distributive share of any other pass-through entity's	90742
gross income shall be included for purposes of computing the	90743
corporation's distributive share of the pass-through entity's	90744
gross income under division (L)(2)(b)(ii) of this section.	90745

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	90746
(2)(a)(i), and (2)(a)(ii) of this section, real property is	90747
described in division (L)(2)(c) of this section only if all of the	90748
following conditions are present at all times during the taxable	90749
year ending prior to the first day of the tax year:	90750

(i) The real property serves as the headquarters of the	90751
corporation's trade or business, or is the place from which the	90752
corporation's trade or business is principally managed or	90753
directed;	90754

(ii) Not more than ten per cent of the value of the real	90755
property and not more than ten per cent of the square footage of	90756
the building or buildings that are part of the real property is	90757
used, made available, or occupied for the purpose of providing,	90758
acquiring, transferring, selling, or disposing of tangible	90759
property or services in the normal course of business to persons	90760
other than related members, the corporation's employees and their	90761
families, and such related members' employees and their families.	90762

(d) As used in division (L) of this section, "related member"	90763
has the same meaning as in division (A)(6) of section 5733.042 of	90764
the Revised Code without regard to division (B) of that section.	90765

(3) The percentages described in division (L)(1)(a) of this	90766
section shall be equal to the quarterly average of those	90767
percentages as calculated during the corporation's taxable year	90768
ending prior to the first day of the tax year.	90769

(4) With respect to the election described in division	90770
(L)(1)(e) of this section:	90771

(a) The election need not accompany a timely filed report;

90772

(b) The election need not accompany the report; rather, the	90773
election may accompany a subsequently filed but timely application	90774
for refund and timely amended report, or a subsequently filed but	90775
timely petition for reassessment;	90776

90777

(d) The election applies only to the tax year specified by	90778
the corporation;	90779

(e) The corporation's related members comply with division	90780
(L)(1)(d) of this section.	90781

Nothing in division (L)(4) of this section shall be construed	90782
to extend any statute of limitations set forth in this chapter.	90783

(M) "Qualifying controlled group" means two or more	90784
corporations that satisfy the ownership and control requirements	90785
of division (A) of section 5733.052 of the Revised Code.	90786

(N) "Limited liability company" means any limited liability	90787
company formed under Chapter 1705. of the Revised Code or under	90788
the laws of any other state.	90789

(O) "Pass-through entity" means a corporation that has made	90790
an election under subchapter S of Chapter 1 of Subtitle A of the	90791
Internal Revenue Code for its taxable year under that code, or a	90792
partnership, limited liability company, or any other person, other	90793
than an individual, trust, or estate, if the partnership, limited	90794
liability company, or other person is not classified for federal	90795
income tax purposes as an association taxed as a corporation.	90796

(P) "Electric company," "combined company," and "telephone	90797
company" have the same meanings as in section 5727.01 of the	90798
Revised Code.	90799

(Q) "Business income" means income arising from transactions,	90800
activities, and sources in the regular course of a trade or	90801
business and includes income from real property, tangible personal	90802
property, and intangible personal property if the acquisition,	90803
rental, management, and disposition of the property constitute	90804
integral parts of the regular course of a trade or business	90805
operation. "Business income" includes income, including gain or	90806
loss, from a partial or complete liquidation of a business,	90807
including, but not limited to, gain or loss from the sale or other	90808
disposition of goodwill.	90809

(R) "Nonbusiness income" means all income other than business	90810
income.	90811

Sec. 5733.58. (A) Terms used in this section have the same	90812
meaning as in section 5725.33 of the Revised Code.	90813

(B) There is hereby allowed a nonrefundable credit against	90814
the tax imposed by section 5733.06 of the Revised Code for a	90815
financial institution holding a qualified equity investment on the	90816
credit allowance date occurring in the calendar year immediately	90817
preceding the tax year for which the tax is due. The credit shall	90818
be computed in the same manner prescribed for the computation of	90819
credits allowed under section 5725.33 of the Revised Code.	90820

The credit shall be claimed in the order prescribed by	90821
section 5733.98 of the Revised Code. If the amount of the credit	90822
exceeds the amount of tax otherwise due after deducting all other	90823
credits in that order, the excess may be carried forward and	90824
applied to the tax due for not more than four ensuing tax years.	90825

(C) The total amount of qualified equity investments on the	90826
basis of which credits may be claimed under this section and	90827
sections 5725.33 and 5729.16 of the Revised Code is subject to the	90828
limitation of division (C) of section 5725.33 of the Revised Code.	90829

(D) The issuer of a qualified equity investment shall certify	90830
to the director of development the anticipated dollar amount of	90831
qualified low-income community investments to be made during the	90832
first twelve-month period following the initial credit allowance	90833
date. On the second credit allowance date, the director shall	90834
increase or decrease the credits allowed for such investments as	90835
necessary to account for differences between the actual dollar	90836
amount of such investments and the anticipated amount certified by	90837
the issuer.	90838

(E) If any amount of the federal tax credit allowed for a	90839
qualified equity investment for which a credit was received under	90840
this section is recaptured under section 45D of the Internal	90841
Revenue Code, or if the issuer of a qualified equity investment	90842
for which a credit was claimed under this section redeems or	90843
repays principal of the investment before the seventh anniversary	90844
of its issuance, all or a portion of the credit received on	90845
account of that investment shall be paid by the financial	90846
institution that received the credit to the tax commissioner. The	90847
amount to be recovered shall be determined by the director of	90848
development pursuant to rules adopted under section 5725.33 of the	90849
Revised Code. The director shall certify any amount due under this	90850
division to the tax commissioner, and the commissioner shall	90851
notify the financial institution of the amount due. The amount due	90852
is payable not later than thirty days after the day the	90853
commissioner issues the notice. The amount due shall be considered	90854
to be tax due under section 5733.06 of the Revised Code, and may	90855
be collected by assessment as prescribed by section 5733.11 of the	90856
Revised Code. All amounts collected under this division shall be	90857
credited as revenue from the tax levied under section 5733.06 of	90858
the Revised Code.	90859

Sec. 5733.59. (A) Any term used in this section has the same	90860
meaning as in section 122.85 of the Revised Code.	90861

(B) There is allowed a credit against the tax imposed by	90862
section 5733.06 of the Revised Code for any corporation that is	90863
the certificate owner of a tax credit certificate issued under	90864
section 122.85 of the Revised Code. The credit shall be claimed	90865
for the taxable year in which the certificate is issued by the	90866
director of development. The credit amount equals the amount	90867
stated in the certificate. The credit shall be claimed in the	90868
order required under section 5733.98 of the Revised Code. If the	90869
credit amount exceeds the tax otherwise due under section 5733.06	90870
of the Revised Code after deducting all other credits in that	90871
order, the excess shall be refunded.	90872

(C) If, pursuant to division (G) of section 5733.01 of the	90873
Revised Code, the corporation is not required to pay tax under	90874
this chapter, the corporation may file an annual report under	90875
section 5733.02 of the Revised Code and claim the credit	90876
authorized by this section. Nothing in this section allows a	90877
corporation to claim more than one credit per tax credit-eligible	90878
production.	90879

Sec. 5733.98. (A) To provide a uniform procedure for	90880
calculating the amount of tax imposed by section 5733.06 of the	90881
Revised Code that is due under this chapter, a taxpayer shall	90882
claim any credits to which it is entitled in the following order,	90883
except as otherwise provided in section 5733.058 of the Revised	90884
Code:	90885

(1) For tax year 2005, the credit for taxes paid by a	90886
qualifying pass-through entity allowed under section 5733.0611 of	90887
the Revised Code;	90888

(2) The credit allowed for financial institutions under	90889
section 5733.45 of the Revised Code;	90890

(3) The credit for qualifying affiliated groups under section	90891
5733.068 of the Revised Code;	90892

(4) The subsidiary corporation credit under section 5733.067	90893
of the Revised Code;	90894

(5) The savings and loan assessment credit under section	90895
5733.063 of the Revised Code;	90896

(6) The credit for recycling and litter prevention donations	90897
under section 5733.064 of the Revised Code;	90898

(7) The credit for employers that enter into agreements with	90899
child day-care centers under section 5733.36 of the Revised Code;	90900

(8) The credit for employers that reimburse employee child	90901
care expenses under section 5733.38 of the Revised Code;	90902

(9) The credit for maintaining railroad active grade crossing	90903
warning devices under section 5733.43 of the Revised Code;	90904

(10) The credit for purchases of lights and reflectors under	90905
section 5733.44 of the Revised Code;	90906

(11) The job retention credit under division (B) of section	90907
5733.0610 of the Revised Code;	90908

(12) The credit for tax years 2008 and 2009 for selling	90909
alternative fuel under section 5733.48 of the Revised Code;	90910

(13) The second credit for purchases of new manufacturing	90911
machinery and equipment under section 5733.33 of the Revised Code;	90912

(14) The job training credit under section 5733.42 of the	90913
Revised Code;	90914

(15) The credit for qualified research expenses under section	90915
5733.351 of the Revised Code;	90916

(16) The enterprise zone credit under section 5709.66 of the	90917
Revised Code;	90918

(17) The credit for the eligible costs associated with a	90919
voluntary action under section 5733.34 of the Revised Code;	90920

(18) The credit for employers that establish on-site child	90921
day-care centers under section 5733.37 of the Revised Code;	90922

(19) The ethanol plant investment credit under section	90923
5733.46 of the Revised Code;	90924

(20) The credit for purchases of qualifying grape production	90925
property under section 5733.32 of the Revised Code;	90926

(21) The export sales credit under section 5733.069 of the	90927
Revised Code;	90928

(22) The credit for research and development and technology	90929
transfer investors under section 5733.35 of the Revised Code;	90930

(23) The enterprise zone credits under section 5709.65 of the	90931
Revised Code;	90932

(24) The credit for using Ohio coal under section 5733.39 of	90933
the Revised Code;	90934

(25) The credit for purchases of qualified low-income	90935
community investments under section 5733.58 of the Revised Code;	90936

(26) The credit for small telephone companies under section	90937
5733.57 of the Revised Code;	90938

~~(26)~~(27) The credit for eligible nonrecurring 9-1-1 charges	90939
under section 5733.55 of the Revised Code;	90940

~~(27)~~(28) For tax year 2005, the credit for providing programs	90941
to aid the communicatively impaired under division (A) of section	90942
5733.56 of the Revised Code;	90943

~~(28)~~(29) The research and development credit under section	90944
5733.352 of the Revised Code;	90945

~~(29)~~(30) For tax years 2006 and subsequent tax years, the	90946
credit for taxes paid by a qualifying pass-through entity allowed	90947
under section 5733.0611 of the Revised Code;	90948

~~(30)~~(31) The refundable credit for rehabilitating a historic	90949
building under section 5733.47 of the Revised Code;	90950

~~(31)~~(32) The refundable jobs creation credit under division	90951
(A) of section 5733.0610 of the Revised Code;	90952

~~(32)~~(33) The refundable credit for tax withheld under	90953
division (B)(2) of section 5747.062 of the Revised Code;	90954

~~(33)~~(34) The refundable credit under section 5733.49 of the	90955
Revised Code for losses on loans made to the Ohio venture capital	90956
program under sections 150.01 to 150.10 of the Revised Code;	90957

~~(34)~~(35) For tax years 2006, 2007, and 2008, the refundable	90958
credit allowable under division (B) of section 5733.56 of the	90959
Revised Code;	90960

(36) The refundable motion picture production credit under	90961
section 5733.59 of the Revised Code.	90962

(B) For any credit except the credits enumerated in divisions	90963
(A)~~(30)~~(31) to ~~(34)~~(36) of this section, the amount of the credit	90964
for a tax year shall not exceed the tax due after allowing for	90965
any other credit that precedes it in the order required under	90966
this section. Any excess amount of a particular credit may be	90967
carried forward if authorized under the section creating that	90968
credit.	90969

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	90970
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	90971
the Revised Code has been paid, for the purpose of operating a	90972
transit bus shall be reimbursed in the amount of ~~the~~such tax paid	90973
on motor fuel used by public transportation systems providing	90974
transit or paratransit service on a regular and continuing basis	90975
within the state;	90976

(2) A city, exempted village, joint vocational, or local	90977
school district or educational service center that purchases any	90978
motor fuel for school district or service center operations, on	90979
which any tax imposed by section 5735.29 of the Revised Code that	90980
became effective on or after July 1, 2003, has been paid, may, if	90981
an application is filed under this section, be reimbursed in the	90982
amount of all but two cents per gallon of the total tax imposed by	90983
such section and paid on motor fuel.	90984

(3) A county board of mental retardation and developmental	90985
disabilities that, on or after July 1, 2005, purchases any motor	90986
fuel for county board operations, on which any tax imposed by	90987
section 5735.29 of the Revised Code has been paid may, if an	90988
application is filed under this section, be reimbursed in the	90989
amount of all but two cents per gallon of the total tax imposed by	90990
such section and paid on motor fuel purchased on or after July 1,	90991
2005.	90992

(B) Such person, school district, educational service center,	90993
or county board shall file with the tax commissioner an	90994
application for refund within one year from the date of purchase,	90995
stating the quantity of fuel used for operating transit buses used	90996
by local transit systems in furnishing scheduled common carrier,	90997
public passenger land transportation service along regular routes	90998
primarily in one or more municipal corporations or for operating	90999
vehicles used for school district, service center, or county board	91000
operations. However, no claim shall be made for the tax on fewer	91001
than one hundred gallons of motor fuel. A school district,	91002
educational service center, or county board shall not apply for a	91003
refund for any tax paid on motor fuel that is sold by the	91004
district, service center, or county board. The application shall	91005
be accompanied by the statement described in section 5735.15 of	91006
the Revised Code showing the purchase, together with evidence of	91007
payment thereof.	91008

(C) After consideration of the application and statement, the	91009
commissioner shall determine the amount of refund to which the	91010
applicant is entitled. If the amount is not less than that	91011
claimed, the commissioner shall certify the amount to the director	91012
of budget and management and treasurer of state for payment from	91013
the tax refund fund created by section 5703.052 of the Revised	91014
Code. If the amount is less than that claimed, the commissioner	91015
shall proceed in accordance with section 5703.70 of the Revised	91016
Code.	91017

The commissioner may require that the application be	91018
supported by the affidavit of the claimant. No refund shall be	91019
authorized or ordered for any single claim for the tax on fewer	91020
than one hundred gallons of motor fuel. No refund shall be	91021
authorized or ordered on motor fuel that is sold by a school	91022
district, educational service center, or county board.	91023

(D) The refund authorized by this section or section 5703.70	91024
of the Revised Code shall be reduced by the cents per gallon	91025
amount of any qualified fuel credit received under section	91026
5735.145 of the Revised Code, as determined by the commissioner,	91027
for each gallon of qualified fuel included in the total gallonage	91028
of motor fuel upon which the refund is computed.	91029

(E) The right to receive any refund under this section or	91030
section 5703.70 of the Revised Code is not assignable. The payment	91031
of this refund shall not be made to any person or entity other	91032
than the person or entity originally entitled thereto who used the	91033
motor fuel upon which the claim for refund is based, except that	91034
the refund when allowed and certified, as provided in this	91035
section, may be paid to the executor, the administrator, the	91036
receiver, the trustee in bankruptcy, or the assignee in insolvency	91037
proceedings of the person.	91038

Sec. 5739.01. As used in this chapter:

91039

(A) "Person" includes individuals, receivers, assignees,	91040
trustees in bankruptcy, estates, firms, partnerships,	91041
associations, joint-stock companies, joint ventures, clubs,	91042
societies, corporations, the state and its political subdivisions,	91043
and combinations of individuals of any form.	91044

(B) "Sale" and "selling" include all of the following	91045
transactions for a consideration in any manner, whether absolutely	91046
or conditionally, whether for a price or rental, in money or by	91047
exchange, and by any means whatsoever:	91048

(1) All transactions by which title or possession, or both,	91049
of tangible personal property, is or is to be transferred, or a	91050
license to use or consume tangible personal property is or is to	91051
be granted;	91052

(2) All transactions by which lodging by a hotel is or is to	91053
be furnished to transient guests;	91054

(3) All transactions by which:

91055

(a) An item of tangible personal property is or is to be	91056
repaired, except property, the purchase of which would not be	91057
subject to the tax imposed by section 5739.02 of the Revised Code;	91058

(b) An item of tangible personal property is or is to be	91059
installed, except property, the purchase of which would not be	91060
subject to the tax imposed by section 5739.02 of the Revised Code	91061
or property that is or is to be incorporated into and will become	91062
a part of a production, transmission, transportation, or	91063
distribution system for the delivery of a public utility service;	91064

(c) The service of washing, cleaning, waxing, polishing, or	91065
painting a motor vehicle is or is to be furnished;	91066

(d) Until August 1, 2003, industrial laundry cleaning	91067
services are or are to be provided and, on and after August 1,	91068
2003, laundry and dry cleaning services are or are to be provided;	91069

(e) Automatic data processing, computer services, or	91070
electronic information services are or are to be provided for use	91071
in business when the true object of the transaction is the receipt	91072
by the consumer of automatic data processing, computer services,	91073
or electronic information services rather than the receipt of	91074
personal or professional services to which automatic data	91075
processing, computer services, or electronic information services	91076
are incidental or supplemental. Notwithstanding any other	91077
provision of this chapter, such transactions that occur between	91078
members of an affiliated group are not sales. An "affiliated	91079
group" means two or more persons related in such a way that one	91080
person owns or controls the business operation of another member	91081
of the group. In the case of corporations with stock, one	91082
corporation owns or controls another if it owns more than fifty	91083
per cent of the other corporation's common stock with voting	91084
rights.	91085

(f) Telecommunications service, including prepaid calling	91086
service, prepaid wireless calling service, or ancillary service,	91087
is or is to be provided, but not including coin-operated telephone	91088
service;	91089

(g) Landscaping and lawn care service is or is to be	91090
provided;	91091

(h) Private investigation and security service is or is to be	91092
provided;	91093

(i) Information services or tangible personal property is	91094
provided or ordered by means of a nine hundred telephone call;	91095

(j) Building maintenance and janitorial service is or is to	91096
be provided;	91097

(k) Employment service is or is to be provided;

91098

(l) Employment placement service is or is to be provided;

91099

(m) Exterminating service is or is to be provided;

91100

(n) Physical fitness facility service is or is to be	91101
provided;	91102

(o) Recreation and sports club service is or is to be	91103
provided;	91104

(p) On and after August 1, 2003, satellite broadcasting	91105
service is or is to be provided;	91106

(q) On and after August 1, 2003, personal care service is or	91107
is to be provided to an individual. As used in this division,	91108
"personal care service" includes skin care, the application of	91109
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	91110
piercing, tanning, massage, and other similar services. "Personal	91111
care service" does not include a service provided by or on the	91112
order of a licensed physician or licensed chiropractor, or the	91113
cutting, coloring, or styling of an individual's hair.	91114

(r) On and after August 1, 2003, the transportation of	91115
persons by motor vehicle or aircraft is or is to be provided, when	91116
the transportation is entirely within this state, except for	91117
transportation provided by an ambulance service, by a transit bus,	91118
as defined in section 5735.01 of the Revised Code, and	91119
transportation provided by a citizen of the United States holding	91120
a certificate of public convenience and necessity issued under 49	91121
U.S.C. 41102;	91122

(s) On and after August 1, 2003, motor vehicle towing service	91123
is or is to be provided. As used in this division, "motor vehicle	91124
towing service" means the towing or conveyance of a wrecked,	91125
disabled, or illegally parked motor vehicle.	91126

(t) On and after August 1, 2003, snow removal service is or	91127
is to be provided. As used in this division, "snow removal	91128
service" means the removal of snow by any mechanized means, but	91129
does not include the providing of such service by a person that	91130
has less than five thousand dollars in sales of such service	91131
during the calendar year.	91132

(u) Electronic publishing service is or is to be provided to	91133
a consumer for use in business, except that such transactions	91134
occurring between members of an affiliated group, as defined in	91135
division (B)(3)(e) of this section, are not sales.	91136

(4) All transactions by which printed, imprinted,	91137
overprinted, lithographic, multilithic, blueprinted, photostatic,	91138
or other productions or reproductions of written or graphic matter	91139
are or are to be furnished or transferred;	91140

(5) The production or fabrication of tangible personal	91141
property for a consideration for consumers who furnish either	91142
directly or indirectly the materials used in the production of	91143
fabrication work; and include the furnishing, preparing, or	91144
serving for a consideration of any tangible personal property	91145
consumed on the premises of the person furnishing, preparing, or	91146
serving such tangible personal property. Except as provided in	91147
section 5739.03 of the Revised Code, a construction contract	91148
pursuant to which tangible personal property is or is to be	91149
incorporated into a structure or improvement on and becoming a	91150
part of real property is not a sale of such tangible personal	91151
property. The construction contractor is the consumer of such	91152
tangible personal property, provided that the sale and	91153
installation of carpeting, the sale and installation of	91154
agricultural land tile, the sale and erection or installation of	91155
portable grain bins, or the provision of landscaping and lawn care	91156
service and the transfer of property as part of such service is	91157
never a construction contract.	91158

As used in division (B)(5) of this section:

91159

(a) "Agricultural land tile" means fired clay or concrete	91160
tile, or flexible or rigid perforated plastic pipe or tubing,	91161
incorporated or to be incorporated into a subsurface drainage	91162
system appurtenant to land used or to be used directly in	91163
production by farming, agriculture, horticulture, or floriculture.	91164
The term does not include such materials when they are or are to	91165
be incorporated into a drainage system appurtenant to a building	91166
or structure even if the building or structure is used or to be	91167
used in such production.	91168

(b) "Portable grain bin" means a structure that is used or to	91169
be used by a person engaged in farming or agriculture to shelter	91170
the person's grain and that is designed to be disassembled without	91171
significant damage to its component parts.	91172

(6) All transactions in which all of the shares of stock of a	91173
closely held corporation are transferred, if the corporation is	91174
not engaging in business and its entire assets consist of boats,	91175
planes, motor vehicles, or other tangible personal property	91176
operated primarily for the use and enjoyment of the shareholders;	91177

(7) All transactions in which a warranty, maintenance or	91178
service contract, or similar agreement by which the vendor of the	91179
warranty, contract, or agreement agrees to repair or maintain the	91180
tangible personal property of the consumer is or is to be	91181
provided;	91182

(8) The transfer of copyrighted motion picture films used	91183
solely for advertising purposes, except that the transfer of such	91184
films for exhibition purposes is not a sale;	91185

(9) On and after August 1, 2003, all transactions by which	91186
tangible personal property is or is to be stored, except such	91187
property that the consumer of the storage holds for sale in the	91188
regular course of business;	91189

(10) All transactions in which "guaranteed auto protection"	91190
is provided whereby a person promises to pay to the consumer the	91191
difference between the amount the consumer receives from motor	91192
vehicle insurance and the amount the consumer owes to a person	91193
holding title to or a lien on the consumer's motor vehicle in the	91194
event the consumer's motor vehicle suffers a total loss under the	91195
terms of the motor vehicle insurance policy or is stolen and not	91196
recovered, if the protection and its price are included in the	91197
purchase or lease agreement;	91198

(11)(a) Except as provided in division (B)(11)(b) of this	91199
section, on and after September 1, 2009, all transactions by which	91200
health care services are paid for, reimbursed, provided,	91201
delivered, arranged for, or otherwise made available by a medicaid	91202
health insuring corporation pursuant to the corporation's contract	91203
with the state.	91204

(b) If the centers for medicare and medicaid services of the	91205
United States department of health and human services determines	91206
that the taxation of transactions described in division (B)(11)(a)	91207
of this section constitutes an impermissible health care-related	91208
tax under section 1903(w) of the "Social Security Act," 49 Stat.	91209
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	91210
adopted thereunder, the director of job and family services shall	91211
notify the tax commissioner of that determination. Beginning with	91212
the first day of the month following that notification, the	91213
transactions described in division (B)(11)(a) of this section are	91214
not sales for the purposes of this chapter or Chapter 5741. of the	91215
Revised Code. The tax commissioner shall order that the collection	91216
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	91217
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	91218
shall cease for transactions occurring on or after that date.	91219

Except as provided in this section, "sale" and "selling" do	91220
not include transfers of interest in leased property where the	91221
original lessee and the terms of the original lease agreement	91222
remain unchanged, or professional, insurance, or personal service	91223
transactions that involve the transfer of tangible personal	91224
property as an inconsequential element, for which no separate	91225
charges are made.	91226

(C) "Vendor" means the person providing the service or by	91227
whom the transfer effected or license given by a sale is or is to	91228
be made or given and, for sales described in division (B)(3)(i) of	91229
this section, the telecommunications service vendor that provides	91230
the nine hundred telephone service; if two or more persons are	91231
engaged in business at the same place of business under a single	91232
trade name in which all collections on account of sales by each	91233
are made, such persons shall constitute a single vendor.	91234

Physicians, dentists, hospitals, and veterinarians who are	91235
engaged in selling tangible personal property as received from	91236
others, such as eyeglasses, mouthwashes, dentifrices, or similar	91237
articles, are vendors. Veterinarians who are engaged in	91238
transferring to others for a consideration drugs, the dispensing	91239
of which does not require an order of a licensed veterinarian or	91240
physician under federal law, are vendors.	91241

(D)(1) "Consumer" means the person for whom the service is	91242
provided, to whom the transfer effected or license given by a sale	91243
is or is to be made or given, to whom the service described in	91244
division (B)(3)(f) or (i) of this section is charged, or to whom	91245
the admission is granted.	91246

(2) Physicians, dentists, hospitals, and blood banks operated	91247
by nonprofit institutions and persons licensed to practice	91248
veterinary medicine, surgery, and dentistry are consumers of all	91249
tangible personal property and services purchased by them in	91250
connection with the practice of medicine, dentistry, the rendition	91251
of hospital or blood bank service, or the practice of veterinary	91252
medicine, surgery, and dentistry. In addition to being consumers	91253
of drugs administered by them or by their assistants according to	91254
their direction, veterinarians also are consumers of drugs that	91255
under federal law may be dispensed only by or upon the order of a	91256
licensed veterinarian or physician, when transferred by them to	91257
others for a consideration to provide treatment to animals as	91258
directed by the veterinarian.	91259

(3) A person who performs a facility management, or similar	91260
service contract for a contractee is a consumer of all tangible	91261
personal property and services purchased for use in connection	91262
with the performance of such contract, regardless of whether title	91263
to any such property vests in the contractee. The purchase of such	91264
property and services is not subject to the exception for resale	91265
under division (E)(1) of this section.	91266

(4)(a) In the case of a person who purchases printed matter	91267
for the purpose of distributing it or having it distributed to the	91268
public or to a designated segment of the public, free of charge,	91269
that person is the consumer of that printed matter, and the	91270
purchase of that printed matter for that purpose is a sale.	91271

(b) In the case of a person who produces, rather than	91272
purchases, printed matter for the purpose of distributing it or	91273
having it distributed to the public or to a designated segment of	91274
the public, free of charge, that person is the consumer of all	91275
tangible personal property and services purchased for use or	91276
consumption in the production of that printed matter. That person	91277
is not entitled to claim exemption under division (B)(42)(f) of	91278
section 5739.02 of the Revised Code for any material incorporated	91279
into the printed matter or any equipment, supplies, or services	91280
primarily used to produce the printed matter.	91281

(c) The distribution of printed matter to the public or to a	91282
designated segment of the public, free of charge, is not a sale to	91283
the members of the public to whom the printed matter is	91284
distributed or to any persons who purchase space in the printed	91285
matter for advertising or other purposes.	91286

(5) A person who makes sales of any of the services listed in	91287
division (B)(3) of this section is the consumer of any tangible	91288
personal property used in performing the service. The purchase of	91289
that property is not subject to the resale exception under	91290
division (E)(1) of this section.	91291

(6) A person who engages in highway transportation for hire	91292
is the consumer of all packaging materials purchased by that	91293
person and used in performing the service, except for packaging	91294
materials sold by such person in a transaction separate from the	91295
service.	91296

(7) In the case of a transaction for health care services	91297
under division (B)(11) of this section, a medicaid health insuring	91298
corporation is the consumer of such services. The purchase of such	91299
services by a medicaid health insuring corporation is not subject	91300
to the exception for resale under division (E)(1) of this section	91301
or to the exemptions provided under divisions (B)(12), (18), (19),	91302
and (22) of section 5739.02 of the Revised Code.	91303

(E) "Retail sale" and "sales at retail" include all sales,	91304
except those in which the purpose of the consumer is to resell the	91305
thing transferred or benefit of the service provided, by a person	91306
engaging in business, in the form in which the same is, or is to	91307
be, received by the person.	91308

(F) "Business" includes any activity engaged in by any person	91309
with the object of gain, benefit, or advantage, either direct or	91310
indirect. "Business" does not include the activity of a person in	91311
managing and investing the person's own funds.	91312

(G) "Engaging in business" means commencing, conducting, or	91313
continuing in business, and liquidating a business when the	91314
liquidator thereof holds itself out to the public as conducting	91315
such business. Making a casual sale is not engaging in business.	91316

(H)(1)(a) "Price," except as provided in divisions (H)(2)	91317
~~and~~, (3), and (4) of this section, means the total amount of	91318
consideration, including cash, credit, property, and services,	91319
for which tangible personal property or services are sold,	91320
leased, or rented, valued in money, whether received in money or	91321
otherwise, without any deduction for any of the following:	91322

(i) The vendor's cost of the property sold;

91323

(ii) The cost of materials used, labor or service costs,	91324
interest, losses, all costs of transportation to the vendor, all	91325
taxes imposed on the vendor, including the tax imposed under	91326
Chapter 5751. of the Revised Code, and any other expense of the	91327
vendor;	91328

(iii) Charges by the vendor for any services necessary to	91329
complete the sale;	91330

(iv) On and after August 1, 2003, delivery charges. As used	91331
in this division, "delivery charges" means charges by the vendor	91332
for preparation and delivery to a location designated by the	91333
consumer of tangible personal property or a service, including	91334
transportation, shipping, postage, handling, crating, and packing.	91335

(v) Installation charges;

91336

(vi) Credit for any trade-in.

91337

(b) "Price" includes consideration received by the vendor	91338
from a third party, if the vendor actually receives the	91339
consideration from a party other than the consumer, and the	91340
consideration is directly related to a price reduction or discount	91341
on the sale; the vendor has an obligation to pass the price	91342
reduction or discount through to the consumer; the amount of the	91343
consideration attributable to the sale is fixed and determinable	91344
by the vendor at the time of the sale of the item to the consumer;	91345
and one of the following criteria is met:	91346

(i) The consumer presents a coupon, certificate, or other	91347
document to the vendor to claim a price reduction or discount	91348
where the coupon, certificate, or document is authorized,	91349
distributed, or granted by a third party with the understanding	91350
that the third party will reimburse any vendor to whom the coupon,	91351
certificate, or document is presented;	91352

(ii) The consumer identifies the consumer's self to the	91353
seller as a member of a group or organization entitled to a price	91354
reduction or discount. A preferred customer card that is available	91355
to any patron does not constitute membership in such a group or	91356
organization.	91357

(iii) The price reduction or discount is identified as a	91358
third party price reduction or discount on the invoice received by	91359
the consumer, or on a coupon, certificate, or other document	91360
presented by the consumer.	91361

91362

(i) Discounts, including cash, term, or coupons that are not	91363
reimbursed by a third party that are allowed by a vendor and taken	91364
by a consumer on a sale;	91365

(ii) Interest, financing, and carrying charges from credit	91366
extended on the sale of tangible personal property or services, if	91367
the amount is separately stated on the invoice, bill of sale, or	91368
similar document given to the purchaser;	91369

(iii) Any taxes legally imposed directly on the consumer that	91370
are separately stated on the invoice, bill of sale, or similar	91371
document given to the consumer. For the purpose of this division,	91372
the tax imposed under Chapter 5751. of the Revised Code is not a	91373
tax directly on the consumer, even if the tax or a portion thereof	91374
is separately stated.	91375

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	91376
section, any discount allowed by an automobile manufacturer to its	91377
employee, or to the employee of a supplier, on the purchase of a	91378
new motor vehicle from a new motor vehicle dealer in this state.	91379

(2) In the case of a sale of any new motor vehicle by a new	91380
motor vehicle dealer, as defined in section 4517.01 of the Revised	91381
Code, in which another motor vehicle is accepted by the dealer as	91382
part of the consideration received, "price" has the same meaning	91383
as in division (H)(1) of this section, reduced by the credit	91384
afforded the consumer by the dealer for the motor vehicle received	91385
in trade.	91386

(3) In the case of a sale of any watercraft or outboard motor	91387
by a watercraft dealer licensed in accordance with section	91388
1547.543 of the Revised Code, in which another watercraft,	91389
watercraft and trailer, or outboard motor is accepted by the	91390
dealer as part of the consideration received, "price" has the same	91391
meaning as in division (H)(1) of this section, reduced by the	91392
credit afforded the consumer by the dealer for the watercraft,	91393
watercraft and trailer, or outboard motor received in trade. As	91394
used in this division, "watercraft" includes an outdrive unit	91395
attached to the watercraft.	91396

(4) In the case of transactions for health care services	91397
under division (B)(11) of this section, "price" means the amount	91398
of managed care premiums received each month by a medicaid health	91399
insuring corporation.	91400

(I) "Receipts" means the total amount of the prices of the	91401
sales of vendors, provided that cash discounts allowed and taken	91402
on sales at the time they are consummated are not included, minus	91403
any amount deducted as a bad debt pursuant to section 5739.121 of	91404
the Revised Code. "Receipts" does not include the sale price of	91405
property returned or services rejected by consumers when the full	91406
sale price and tax are refunded either in cash or by credit.	91407

(J) "Place of business" means any location at which a person	91408
engages in business.	91409

(K) "Premises" includes any real property or portion thereof	91410
upon which any person engages in selling tangible personal	91411
property at retail or making retail sales and also includes any	91412
real property or portion thereof designated for, or devoted to,	91413
use in conjunction with the business engaged in by such person.	91414

(L) "Casual sale" means a sale of an item of tangible	91415
personal property that was obtained by the person making the sale,	91416
through purchase or otherwise, for the person's own use and was	91417
previously subject to any state's taxing jurisdiction on its sale	91418
or use, and includes such items acquired for the seller's use that	91419
are sold by an auctioneer employed directly by the person for such	91420
purpose, provided the location of such sales is not the	91421
auctioneer's permanent place of business. As used in this	91422
division, "permanent place of business" includes any location	91423
where such auctioneer has conducted more than two auctions during	91424
the year.	91425

(M) "Hotel" means every establishment kept, used, maintained,	91426
advertised, or held out to the public to be a place where sleeping	91427
accommodations are offered to guests, in which five or more rooms	91428
are used for the accommodation of such guests, whether the rooms	91429
are in one or several structures, except as otherwise provided in	91430
division (G) of section 5739.09 of the Revised Code.	91431

(N) "Transient guests" means persons occupying a room or	91432
rooms for sleeping accommodations for less than thirty consecutive	91433
days.	91434

(O) "Making retail sales" means the effecting of transactions	91435
wherein one party is obligated to pay the price and the other	91436
party is obligated to provide a service or to transfer title to or	91437
possession of the item sold. "Making retail sales" does not	91438
include the preliminary acts of promoting or soliciting the retail	91439
sales, other than the distribution of printed matter which	91440
displays or describes and prices the item offered for sale, nor	91441
does it include delivery of a predetermined quantity of tangible	91442
personal property or transportation of property or personnel to or	91443
from a place where a service is performed, regardless of whether	91444
the vendor is a delivery vendor.	91445

(P) "Used directly in the rendition of a public utility	91446
service" means that property that is to be incorporated into and	91447
will become a part of the consumer's production, transmission,	91448
transportation, or distribution system and that retains its	91449
classification as tangible personal property after such	91450
incorporation; fuel or power used in the production, transmission,	91451
transportation, or distribution system; and tangible personal	91452
property used in the repair and maintenance of the production,	91453
transmission, transportation, or distribution system, including	91454
only such motor vehicles as are specially designed and equipped	91455
for such use. Tangible personal property and services used	91456
primarily in providing highway transportation for hire are not	91457
used directly in the rendition of a public utility service. In	91458
this definition, "public utility" includes a citizen of the United	91459
States holding, and required to hold, a certificate of public	91460
convenience and necessity issued under 49 U.S.C. 41102.	91461

(Q) "Refining" means removing or separating a desirable	91462
product from raw or contaminated materials by distillation or	91463
physical, mechanical, or chemical processes.	91464

(R) "Assembly" and "assembling" mean attaching or fitting	91465
together parts to form a product, but do not include packaging a	91466
product.	91467

(S) "Manufacturing operation" means a process in which	91468
materials are changed, converted, or transformed into a different	91469
state or form from which they previously existed and includes	91470
refining materials, assembling parts, and preparing raw materials	91471
and parts by mixing, measuring, blending, or otherwise committing	91472
such materials or parts to the manufacturing process.	91473
"Manufacturing operation" does not include packaging.	91474

(T) "Fiscal officer" means, with respect to a regional	91475
transit authority, the secretary-treasurer thereof, and with	91476
respect to a county that is a transit authority, the fiscal	91477
officer of the county transit board if one is appointed pursuant	91478
to section 306.03 of the Revised Code or the county auditor if the	91479
board of county commissioners operates the county transit system.	91480

(U) "Transit authority" means a regional transit authority	91481
created pursuant to section 306.31 of the Revised Code or a county	91482
in which a county transit system is created pursuant to section	91483
306.01 of the Revised Code. For the purposes of this chapter, a	91484
transit authority must extend to at least the entire area of a	91485
single county. A transit authority that includes territory in more	91486
than one county must include all the area of the most populous	91487
county that is a part of such transit authority. County population	91488
shall be measured by the most recent census taken by the United	91489
States census bureau.	91490

(V) "Legislative authority" means, with respect to a regional	91491
transit authority, the board of trustees thereof, and with respect	91492
to a county that is a transit authority, the board of county	91493
commissioners.	91494

(W) "Territory of the transit authority" means all of the	91495
area included within the territorial boundaries of a transit	91496
authority as they from time to time exist. Such territorial	91497
boundaries must at all times include all the area of a single	91498
county or all the area of the most populous county that is a part	91499
of such transit authority. County population shall be measured by	91500
the most recent census taken by the United States census bureau.	91501

(X) "Providing a service" means providing or furnishing	91502
anything described in division (B)(3) of this section for	91503
consideration.	91504

(Y)(1)(a) "Automatic data processing" means processing of	91505
others' data, including keypunching or similar data entry services	91506
together with verification thereof, or providing access to	91507
computer equipment for the purpose of processing data.	91508

(b) "Computer services" means providing services consisting	91509
of specifying computer hardware configurations and evaluating	91510
technical processing characteristics, computer programming, and	91511
training of computer programmers and operators, provided in	91512
conjunction with and to support the sale, lease, or operation of	91513
taxable computer equipment or systems.	91514

(c) "Electronic information services" means providing access	91515
to computer equipment by means of telecommunications equipment for	91516
the purpose of either of the following:	91517

(i) Examining or acquiring data stored in or accessible to	91518
the computer equipment;	91519

(ii) Placing data into the computer equipment to be retrieved	91520
by designated recipients with access to the computer equipment.	91521

For transactions occurring on or after the effective date of	91522
the amendment of this section by H.B. 157 of the 127th general	91523
assembly, December 21, 2007, "electronic information services"	91524
does not include electronic publishing as defined in division	91525
(LLL) of this section.	91526

(d) "Automatic data processing, computer services, or	91527
electronic information services" shall not include personal or	91528
professional services.	91529

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	91530
section, "personal and professional services" means all services	91531
other than automatic data processing, computer services, or	91532
electronic information services, including but not limited to:	91533

(a) Accounting and legal services such as advice on tax	91534
matters, asset management, budgetary matters, quality control,	91535
information security, and auditing and any other situation where	91536
the service provider receives data or information and studies,	91537
alters, analyzes, interprets, or adjusts such material;	91538

(b) Analyzing business policies and procedures;

91539

91540

(d) Feasibility studies, including economic and technical	91541
analysis of existing or potential computer hardware or software	91542
needs and alternatives;	91543

(e) Designing policies, procedures, and custom software for	91544
collecting business information, and determining how data should	91545
be summarized, sequenced, formatted, processed, controlled, and	91546
reported so that it will be meaningful to management;	91547

(f) Developing policies and procedures that document how	91548
business events and transactions are to be authorized, executed,	91549
and controlled;	91550

(g) Testing of business procedures;

91551

(h) Training personnel in business procedure applications;

91552

(i) Providing credit information to users of such information	91553
by a consumer reporting agency, as defined in the "Fair Credit	91554
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	91555
as hereafter amended, including but not limited to gathering,	91556
organizing, analyzing, recording, and furnishing such information	91557
by any oral, written, graphic, or electronic medium;	91558

(j) Providing debt collection services by any oral, written,	91559
graphic, or electronic means.	91560

The services listed in divisions (Y)(2)(a) to (j) of this	91561
section are not automatic data processing or computer services.	91562

(Z) "Highway transportation for hire" means the	91563
transportation of personal property belonging to others for	91564
consideration by any of the following:	91565

(1) The holder of a permit or certificate issued by this	91566
state or the United States authorizing the holder to engage in	91567
transportation of personal property belonging to others for	91568
consideration over or on highways, roadways, streets, or any	91569
similar public thoroughfare;	91570

(2) A person who engages in the transportation of personal	91571
property belonging to others for consideration over or on	91572
highways, roadways, streets, or any similar public thoroughfare	91573
but who could not have engaged in such transportation on December	91574
11, 1985, unless the person was the holder of a permit or	91575
certificate of the types described in division (Z)(1) of this	91576
section;	91577

(3) A person who leases a motor vehicle to and operates it	91578
for a person described by division (Z)(1) or (2) of this section.	91579

(AA)(1) "Telecommunications service" means the electronic	91580
transmission, conveyance, or routing of voice, data, audio, video,	91581
or any other information or signals to a point, or between or	91582
among points. "Telecommunications service" includes such	91583
transmission, conveyance, or routing in which computer processing	91584
applications are used to act on the form, code, or protocol of the	91585
content for purposes of transmission, conveyance, or routing	91586
without regard to whether the service is referred to as voice-over	91587
internet protocol service or is classified by the federal	91588
communications commission as enhanced or value-added.	91589
"Telecommunications service" does not include any of the	91590
following:	91591

(a) Data processing and information services that allow data	91592
to be generated, acquired, stored, processed, or retrieved and	91593
delivered by an electronic transmission to a consumer where the	91594
consumer's primary purpose for the underlying transaction is the	91595
processed data or information;	91596

(b) Installation or maintenance of wiring or equipment on a	91597
customer's premises;	91598

91599

(d) Advertising, including directory advertising;

91600

(e) Billing and collection services provided to third	91601
parties;	91602

(f) Internet access service;

91603

(g) Radio and television audio and video programming	91604
services, regardless of the medium, including the furnishing of	91605
transmission, conveyance, and routing of such services by the	91606
programming service provider. Radio and television audio and video	91607
programming services include, but are not limited to, cable	91608
service, as defined in 47 U.S.C. 522(6), and audio and video	91609
programming services delivered by commercial mobile radio service	91610
providers, as defined in 47 C.F.R. 20.3;	91611

(h) Ancillary service;

91612

(i) Digital products delivered electronically, including	91613
software, music, video, reading materials, or ring tones.	91614

(2) "Ancillary service" means a service that is associated	91615
with or incidental to the provision of telecommunications service,	91616
including conference bridging service, detailed telecommunications	91617
billing service, directory assistance, vertical service, and voice	91618
mail service. As used in this division:	91619

(a) "Conference bridging service" means an ancillary service	91620
that links two or more participants of an audio or video	91621
conference call, including providing a telephone number.	91622
"Conference bridging service" does not include telecommunications	91623
services used to reach the conference bridge.	91624

(b) "Detailed telecommunications billing service" means an	91625
ancillary service of separately stating information pertaining to	91626
individual calls on a customer's billing statement.	91627

(c) "Directory assistance" means an ancillary service of	91628
providing telephone number or address information.	91629

(d) "Vertical service" means an ancillary service that is	91630
offered in connection with one or more telecommunications	91631
services, which offers advanced calling features that allow	91632
customers to identify callers and manage multiple calls and call	91633
connections, including conference bridging service.	91634

(e) "Voice mail service" means an ancillary service that	91635
enables the customer to store, send, or receive recorded messages.	91636
"Voice mail service" does not include any vertical services that	91637
the customer may be required to have in order to utilize the voice	91638
mail service.	91639

(3) "900 service" means an inbound toll telecommunications	91640
service purchased by a subscriber that allows the subscriber's	91641
customers to call in to the subscriber's prerecorded announcement	91642
or live service, and which is typically marketed under the name	91643
"900" service and any subsequent numbers designated by the federal	91644
communications commission. "900 service" does not include the	91645
charge for collection services provided by the seller of the	91646
telecommunications service to the subscriber, or services or	91647
products sold by the subscriber to the subscriber's customer.	91648

(4) "Prepaid calling service" means the right to access	91649
exclusively telecommunications services, which must be paid for in	91650
advance and which enables the origination of calls using an access	91651
number or authorization code, whether manually or electronically	91652
dialed, and that is sold in predetermined units of dollars of	91653
which the number declines with use in a known amount.	91654

(5) "Prepaid wireless calling service" means a	91655
telecommunications service that provides the right to utilize	91656
mobile telecommunications service as well as other	91657
non-telecommunications services, including the download of digital	91658
products delivered electronically, and content and ancillary	91659
services, that must be paid for in advance and that is sold in	91660
predetermined units of dollars of which the number declines with	91661
use in a known amount.	91662

(6) "Value-added non-voice data service" means a	91663
telecommunications service in which computer processing	91664
applications are used to act on the form, content, code, or	91665
protocol of the information or data primarily for a purpose other	91666
than transmission, conveyance, or routing.	91667

(7) "Coin-operated telephone service" means a	91668
telecommunications service paid for by inserting money into a	91669
telephone accepting direct deposits of money to operate.	91670

(8) "Customer" has the same meaning as in section 5739.034 of	91671
the Revised Code.	91672

(BB) "Laundry and dry cleaning services" means removing soil	91673
or dirt from towels, linens, articles of clothing, or other fabric	91674
items that belong to others and supplying towels, linens, articles	91675
of clothing, or other fabric items. "Laundry and dry cleaning	91676
services" does not include the provision of self-service	91677
facilities for use by consumers to remove soil or dirt from	91678
towels, linens, articles of clothing, or other fabric items.	91679

(CC) "Magazines distributed as controlled circulation	91680
publications" means magazines containing at least twenty-four	91681
pages, at least twenty-five per cent editorial content, issued at	91682
regular intervals four or more times a year, and circulated	91683
without charge to the recipient, provided that such magazines are	91684
not owned or controlled by individuals or business concerns which	91685
conduct such publications as an auxiliary to, and essentially for	91686
the advancement of the main business or calling of, those who own	91687
or control them.	91688

(DD) "Landscaping and lawn care service" means the services	91689
of planting, seeding, sodding, removing, cutting, trimming,	91690
pruning, mulching, aerating, applying chemicals, watering,	91691
fertilizing, and providing similar services to establish, promote,	91692
or control the growth of trees, shrubs, flowers, grass, ground	91693
cover, and other flora, or otherwise maintaining a lawn or	91694
landscape grown or maintained by the owner for ornamentation or	91695
other nonagricultural purpose. However, "landscaping and lawn care	91696
service" does not include the providing of such services by a	91697
person who has less than five thousand dollars in sales of such	91698
services during the calendar year.	91699

(EE) "Private investigation and security service" means the	91700
performance of any activity for which the provider of such service	91701
is required to be licensed pursuant to Chapter 4749. of the	91702
Revised Code, or would be required to be so licensed in performing	91703
such services in this state, and also includes the services of	91704
conducting polygraph examinations and of monitoring or overseeing	91705
the activities on or in, or the condition of, the consumer's home,	91706
business, or other facility by means of electronic or similar	91707
monitoring devices. "Private investigation and security service"	91708
does not include special duty services provided by off-duty police	91709
officers, deputy sheriffs, and other peace officers regularly	91710
employed by the state or a political subdivision.	91711

(FF) "Information services" means providing conversation,	91712
giving consultation or advice, playing or making a voice or other	91713
recording, making or keeping a record of the number of callers,	91714
and any other service provided to a consumer by means of a nine	91715
hundred telephone call, except when the nine hundred telephone	91716
call is the means by which the consumer makes a contribution to a	91717
recognized charity.	91718

(GG) "Research and development" means designing, creating, or	91719
formulating new or enhanced products, equipment, or manufacturing	91720
processes, and also means conducting scientific or technological	91721
inquiry and experimentation in the physical sciences with the goal	91722
of increasing scientific knowledge which may reveal the bases for	91723
new or enhanced products, equipment, or manufacturing processes.	91724

(HH) "Qualified research and development equipment" means	91725
capitalized tangible personal property, and leased personal	91726
property that would be capitalized if purchased, used by a person	91727
primarily to perform research and development. Tangible personal	91728
property primarily used in testing, as defined in division (A)(4)	91729
of section 5739.011 of the Revised Code, or used for recording or	91730
storing test results, is not qualified research and development	91731
equipment unless such property is primarily used by the consumer	91732
in testing the product, equipment, or manufacturing process being	91733
created, designed, or formulated by the consumer in the research	91734
and development activity or in recording or storing such test	91735
results.	91736

(II) "Building maintenance and janitorial service" means	91737
cleaning the interior or exterior of a building and any tangible	91738
personal property located therein or thereon, including any	91739
services incidental to such cleaning for which no separate charge	91740
is made. However, "building maintenance and janitorial service"	91741
does not include the providing of such service by a person who has	91742
less than five thousand dollars in sales of such service during	91743
the calendar year.	91744

(JJ) "Employment service" means providing or supplying	91745
personnel, on a temporary or long-term basis, to perform work or	91746
labor under the supervision or control of another, when the	91747
personnel so provided or supplied receive their wages, salary, or	91748
other compensation from the provider or supplier of the employment	91749
service or from a third party that provided or supplied the	91750
personnel to the provider or supplier. "Employment service" does	91751
not include:	91752

(1) Acting as a contractor or subcontractor, where the	91753
personnel performing the work are not under the direct control of	91754
the purchaser.	91755

(2) Medical and health care services.

91756

(3) Supplying personnel to a purchaser pursuant to a contract	91757
of at least one year between the service provider and the	91758
purchaser that specifies that each employee covered under the	91759
contract is assigned to the purchaser on a permanent basis.	91760

(4) Transactions between members of an affiliated group, as	91761
defined in division (B)(3)(e) of this section.	91762

(5) Transactions where the personnel so provided or supplied	91763
by a provider or supplier to a purchaser of an employment service	91764
are then provided or supplied by that purchaser to a third party	91765
as an employment service, except "employment service" does include	91766
the transaction between that purchaser and the third party.	91767

(KK) "Employment placement service" means locating or finding	91768
employment for a person or finding or locating an employee to fill	91769
an available position.	91770

(LL) "Exterminating service" means eradicating or attempting	91771
to eradicate vermin infestations from a building or structure, or	91772
the area surrounding a building or structure, and includes	91773
activities to inspect, detect, or prevent vermin infestation of a	91774
building or structure.	91775

(MM) "Physical fitness facility service" means all	91776
transactions by which a membership is granted, maintained, or	91777
renewed, including initiation fees, membership dues, renewal fees,	91778
monthly minimum fees, and other similar fees and dues, by a	91779
physical fitness facility such as an athletic club, health spa, or	91780
gymnasium, which entitles the member to use the facility for	91781
physical exercise.	91782

(NN) "Recreation and sports club service" means all	91783
transactions by which a membership is granted, maintained, or	91784
renewed, including initiation fees, membership dues, renewal fees,	91785
monthly minimum fees, and other similar fees and dues, by a	91786
recreation and sports club, which entitles the member to use the	91787
facilities of the organization. "Recreation and sports club" means	91788
an organization that has ownership of, or controls or leases on a	91789
continuing, long-term basis, the facilities used by its members	91790
and includes an aviation club, gun or shooting club, yacht club,	91791
card club, swimming club, tennis club, golf club, country club,	91792
riding club, amateur sports club, or similar organization.	91793

(OO) "Livestock" means farm animals commonly raised for food	91794
or food production, and includes but is not limited to cattle,	91795
sheep, goats, swine, and poultry. "Livestock" does not include	91796
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	91797
animals for use in laboratories or for exhibition, or other	91798
animals not commonly raised for food or food production.	91799

(PP) "Livestock structure" means a building or structure used	91800
exclusively for the housing, raising, feeding, or sheltering of	91801
livestock, and includes feed storage or handling structures and	91802
structures for livestock waste handling.	91803

(QQ) "Horticulture" means the growing, cultivation, and	91804
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	91805
and nursery stock. As used in this division, "nursery stock" has	91806
the same meaning as in section 927.51 of the Revised Code.	91807

(RR) "Horticulture structure" means a building or structure	91808
used exclusively for the commercial growing, raising, or	91809
overwintering of horticultural products, and includes the area	91810
used for stocking, storing, and packing horticultural products	91811
when done in conjunction with the production of those products.	91812

(SS) "Newspaper" means an unbound publication bearing a title	91813
or name that is regularly published, at least as frequently as	91814
biweekly, and distributed from a fixed place of business to the	91815
public in a specific geographic area, and that contains a	91816
substantial amount of news matter of international, national, or	91817
local events of interest to the general public.	91818

(TT) "Professional racing team" means a person that employs	91819
at least twenty full-time employees for the purpose of conducting	91820
a motor vehicle racing business for profit. The person must	91821
conduct the business with the purpose of racing one or more motor	91822
racing vehicles in at least ten competitive professional racing	91823
events each year that comprise all or part of a motor racing	91824
series sanctioned by one or more motor racing sanctioning	91825
organizations. A "motor racing vehicle" means a vehicle for which	91826
the chassis, engine, and parts are designed exclusively for motor	91827
racing, and does not include a stock or production model vehicle	91828
that may be modified for use in racing. For the purposes of this	91829
division:	91830

(1) A "competitive professional racing event" is a motor	91831
vehicle racing event sanctioned by one or more motor racing	91832
sanctioning organizations, at which aggregate cash prizes in	91833
excess of eight hundred thousand dollars are awarded to the	91834
competitors.	91835

(2) "Full-time employee" means an individual who is employed	91836
for consideration for thirty-five or more hours a week, or who	91837
renders any other standard of service generally accepted by custom	91838
or specified by contract as full-time employment.	91839

(UU)(1) "Lease" or "rental" means any transfer of the	91840
possession or control of tangible personal property for a fixed or	91841
indefinite term, for consideration. "Lease" or "rental" includes	91842
future options to purchase or extend, and agreements described in	91843
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	91844
the amount of consideration may be increased or decreased by	91845
reference to the amount realized upon the sale or disposition of	91846
the property. "Lease" or "rental" does not include:	91847

(a) A transfer of possession or control of tangible personal	91848
property under a security agreement or a deferred payment plan	91849
that requires the transfer of title upon completion of the	91850
required payments;	91851

(b) A transfer of possession or control of tangible personal	91852
property under an agreement that requires the transfer of title	91853
upon completion of required payments and payment of an option	91854
price that does not exceed the greater of one hundred dollars or	91855
one per cent of the total required payments;	91856

(c) Providing tangible personal property along with an	91857
operator for a fixed or indefinite period of time, if the operator	91858
is necessary for the property to perform as designed. For purposes	91859
of this division, the operator must do more than maintain,	91860
inspect, or set-up the tangible personal property.	91861

(2) "Lease" and "rental," as defined in division (UU) of this	91862
section, shall not apply to leases or rentals that exist before	91863
June 26, 2003.	91864

(3) "Lease" and "rental" have the same meaning as in division	91865
(UU)(1) of this section regardless of whether a transaction is	91866
characterized as a lease or rental under generally accepted	91867
accounting principles, the Internal Revenue Code, Title XIII of	91868
the Revised Code, or other federal, state, or local laws.	91869

(VV) "Mobile telecommunications service" has the same meaning	91870
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	91871
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	91872
on and after August 1, 2003, includes related fees and ancillary	91873
services, including universal service fees, detailed billing	91874
service, directory assistance, service initiation, voice mail	91875
service, and vertical services, such as caller ID and three-way	91876
calling.	91877

(WW) "Certified service provider" has the same meaning as in	91878
section 5740.01 of the Revised Code.	91879

(XX) "Satellite broadcasting service" means the distribution	91880
or broadcasting of programming or services by satellite directly	91881
to the subscriber's receiving equipment without the use of ground	91882
receiving or distribution equipment, except the subscriber's	91883
receiving equipment or equipment used in the uplink process to the	91884
satellite, and includes all service and rental charges, premium	91885
channels or other special services, installation and repair	91886
service charges, and any other charges having any connection with	91887
the provision of the satellite broadcasting service.	91888

(YY) "Tangible personal property" means personal property	91889
that can be seen, weighed, measured, felt, or touched, or that is	91890
in any other manner perceptible to the senses. For purposes of	91891
this chapter and Chapter 5741. of the Revised Code, "tangible	91892
personal property" includes motor vehicles, electricity, water,	91893
gas, steam, and prewritten computer software.	91894

(ZZ) "Direct mail" means printed material delivered or	91895
distributed by United States mail or other delivery service to a	91896
mass audience or to addressees on a mailing list provided by the	91897
consumer or at the direction of the consumer when the cost of the	91898
items are not billed directly to the recipients. "Direct mail"	91899
includes tangible personal property supplied directly or	91900
indirectly by the consumer to the direct mail vendor for inclusion	91901
in the package containing the printed material. "Direct mail" does	91902
not include multiple items of printed material delivered to a	91903
single address.	91904

(AAA) "Computer" means an electronic device that accepts	91905
information in digital or similar form and manipulates it for a	91906
result based on a sequence of instructions.	91907

(BBB) "Computer software" means a set of coded instructions	91908
designed to cause a computer or automatic data processing	91909
equipment to perform a task.	91910

(CCC) "Delivered electronically" means delivery of computer	91911
software from the seller to the purchaser by means other than	91912
tangible storage media.	91913

(DDD) "Prewritten computer software" means computer software,	91914
including prewritten upgrades, that is not designed and developed	91915
by the author or other creator to the specifications of a specific	91916
purchaser. The combining of two or more prewritten computer	91917
software programs or prewritten portions thereof does not cause	91918
the combination to be other than prewritten computer software.	91919
"Prewritten computer software" includes software designed and	91920
developed by the author or other creator to the specifications of	91921
a specific purchaser when it is sold to a person other than the	91922
purchaser. If a person modifies or enhances computer software of	91923
which the person is not the author or creator, the person shall be	91924
deemed to be the author or creator only of such person's	91925
modifications or enhancements. Prewritten computer software or a	91926
prewritten portion thereof that is modified or enhanced to any	91927
degree, where such modification or enhancement is designed and	91928
developed to the specifications of a specific purchaser, remains	91929
prewritten computer software; provided, however, that where there	91930
is a reasonable, separately stated charge or an invoice or other	91931
statement of the price given to the purchaser for the modification	91932
or enhancement, the modification or enhancement shall not	91933
constitute prewritten computer software.	91934

(EEE)(1) "Food" means substances, whether in liquid,	91935
concentrated, solid, frozen, dried, or dehydrated form, that are	91936
sold for ingestion or chewing by humans and are consumed for their	91937
taste or nutritional value. "Food" does not include alcoholic	91938
beverages, dietary supplements, soft drinks, or tobacco.	91939

(2) As used in division (EEE)(1) of this section:

91940

(a) "Alcoholic beverages" means beverages that are suitable	91941
for human consumption and contain one-half of one per cent or more	91942
of alcohol by volume.	91943

(b) "Dietary supplements" means any product, other than	91944
tobacco, that is intended to supplement the diet and that is	91945
intended for ingestion in tablet, capsule, powder, softgel,	91946
gelcap, or liquid form, or, if not intended for ingestion in such	91947
a form, is not represented as conventional food for use as a sole	91948
item of a meal or of the diet; that is required to be labeled as a	91949
dietary supplement, identifiable by the "supplement facts" box	91950
found on the label, as required by 21 C.F.R. 101.36; and that	91951
contains one or more of the following dietary ingredients:	91952

(i) A vitamin;

91953

(ii) A mineral;

91954

(iii) An herb or other botanical;

91955

(iv) An amino acid;

91956

(v) A dietary substance for use by humans to supplement the	91957
diet by increasing the total dietary intake;	91958

(vi) A concentrate, metabolite, constituent, extract, or	91959
combination of any ingredient described in divisions	91960
(EEE)(2)(b)(i) to (v) of this section.	91961

(c) "Soft drinks" means nonalcoholic beverages that contain	91962
natural or artificial sweeteners. "Soft drinks" does not include	91963
beverages that contain milk or milk products, soy, rice, or	91964
similar milk substitutes, or that contains greater than fifty per	91965
cent vegetable or fruit juice by volume.	91966

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	91967
tobacco, or any other item that contains tobacco.	91968

(FFF) "Drug" means a compound, substance, or preparation, and	91969
any component of a compound, substance, or preparation, other than	91970
food, dietary supplements, or alcoholic beverages that is	91971
recognized in the official United States pharmacopoeia, official	91972
homeopathic pharmacopoeia of the United States, or official	91973
national formulary, and supplements to them; is intended for use	91974
in the diagnosis, cure, mitigation, treatment, or prevention of	91975
disease; or is intended to affect the structure or any function of	91976
the body.	91977

(GGG) "Prescription" means an order, formula, or recipe	91978
issued in any form of oral, written, electronic, or other means of	91979
transmission by a duly licensed practitioner authorized by the	91980
laws of this state to issue a prescription.	91981

(HHH) "Durable medical equipment" means equipment, including	91982
repair and replacement parts for such equipment, that can	91983
withstand repeated use, is primarily and customarily used to serve	91984
a medical purpose, generally is not useful to a person in the	91985
absence of illness or injury, and is not worn in or on the body.	91986
"Durable medical equipment" does not include mobility enhancing	91987
equipment.	91988

(III) "Mobility enhancing equipment" means equipment,	91989
including repair and replacement parts for such equipment, that is	91990
primarily and customarily used to provide or increase the ability	91991
to move from one place to another and is appropriate for use	91992
either in a home or a motor vehicle, that is not generally used by	91993
persons with normal mobility, and that does not include any motor	91994
vehicle or equipment on a motor vehicle normally provided by a	91995
motor vehicle manufacturer. "Mobility enhancing equipment" does	91996
not include durable medical equipment.	91997

(JJJ) "Prosthetic device" means a replacement, corrective, or	91998
supportive device, including repair and replacement parts for the	91999
device, worn on or in the human body to artificially replace a	92000
missing portion of the body, prevent or correct physical deformity	92001
or malfunction, or support a weak or deformed portion of the body.	92002
As used in this division, "prosthetic device" does not include	92003
corrective eyeglasses, contact lenses, or dental prosthesis.	92004

(KKK)(1) "Fractional aircraft ownership program" means a	92005
program in which persons within an affiliated group sell and	92006
manage fractional ownership program aircraft, provided that at	92007
least one hundred airworthy aircraft are operated in the program	92008
and the program meets all of the following criteria:	92009

(a) Management services are provided by at least one program	92010
manager within an affiliated group on behalf of the fractional	92011
owners.	92012

(b) Each program aircraft is owned or possessed by at least	92013
one fractional owner.	92014

(c) Each fractional owner owns or possesses at least a	92015
one-sixteenth interest in at least one fixed-wing program	92016
aircraft.	92017

(d) A dry-lease aircraft interchange arrangement is in	92018
effect among all of the fractional owners.	92019

(e) Multi-year program agreements are in effect regarding the	92020
fractional ownership, management services, and dry-lease aircraft	92021
interchange arrangement aspects of the program.	92022

(2) As used in division (KKK)(1) of this section:

92023

(a) "Affiliated group" has the same meaning as in division	92024
(B)(3)(e) of this section.	92025

(b) "Fractional owner" means a person that owns or possesses	92026
at least a one-sixteenth interest in a program aircraft and has	92027
entered into the agreements described in division (KKK)(1)(e) of	92028
this section.	92029

(c) "Fractional ownership program aircraft" or "program	92030
aircraft" means a turbojet aircraft that is owned or possessed by	92031
a fractional owner and that has been included in a dry-lease	92032
aircraft interchange arrangement and agreement under divisions	92033
(KKK)(1)(d) and (e) of this section, or an aircraft a program	92034
manager owns or possesses primarily for use in a fractional	92035
aircraft ownership program.	92036

(d) "Management services" means administrative and aviation	92037
support services furnished under a fractional aircraft ownership	92038
program in accordance with a management services agreement under	92039
division (KKK)(1)(e) of this section, and offered by the program	92040
manager to the fractional owners, including, at a minimum, the	92041
establishment and implementation of safety guidelines; the	92042
coordination of the scheduling of the program aircraft and crews;	92043
program aircraft maintenance; program aircraft insurance; crew	92044
training for crews employed, furnished, or contracted by the	92045
program manager or the fractional owner; the satisfaction of	92046
record-keeping requirements; and the development and use of an	92047
operations manual and a maintenance manual for the fractional	92048
aircraft ownership program.	92049

(e) "Program manager" means the person that offers management	92050
services to fractional owners pursuant to a management services	92051
agreement under division (KKK)(1)(e) of this section.	92052

(LLL) "Electronic publishing" means providing access to one	92053
or more of the following primarily for business customers,	92054
including the federal government or a state government or a	92055
political subdivision thereof, to conduct research: news;	92056
business, financial, legal, consumer, or credit materials;	92057
editorials, columns, reader commentary, or features; photos or	92058
images; archival or research material; legal notices, identity	92059
verification, or public records; scientific, educational,	92060
instructional, technical, professional, trade, or other literary	92061
materials; or other similar information which has been gathered	92062
and made available by the provider to the consumer in an	92063
electronic format. Providing electronic publishing includes the	92064
functions necessary for the acquisition, formatting, editing,	92065
storage, and dissemination of data or information that is the	92066
subject of a sale.	92067

(MMM) "Medicaid health insuring corporation" means a health	92068
insuring corporation that holds a certificate of authority under	92069
Chapter 1751. of the Revised Code and is under contract with the	92070
department of job and family services pursuant to section 5111.17	92071
of the Revised Code.	92072

(NNN) "Managed care premium" means any premium, capitation,	92073
or other payment a medicaid health insuring corporation receives	92074
for providing or arranging for the provision of health care	92075
services to its members or enrollees residing in this state.	92076

Sec. 5739.02. For the purpose of providing revenue with	92077
which to meet the needs of the state, for the use of the general	92078
revenue fund of the state, for the purpose of securing a thorough	92079
and efficient system of common schools throughout the state, for	92080
the purpose of affording revenues, in addition to those from	92081
general property taxes, permitted under constitutional	92082
limitations, and from other sources, for the support of local	92083
governmental functions, and for the purpose of reimbursing the	92084
state for the expense of administering this chapter, an excise tax	92085
is hereby levied on each retail sale made in this state.	92086

(A)(1) The tax shall be collected as provided in section	92087
5739.025 of the Revised Code. The rate of the tax shall be five	92088
and one-half per cent. The tax applies and is collectible when	92089
the sale is made, regardless of the time when the price is paid	92090
or delivered.	92091

(2) In the case of the lease or rental, with a fixed term of	92092
more than thirty days or an indefinite term with a minimum period	92093
of more than thirty days, of any motor vehicles designed by the	92094
manufacturer to carry a load of not more than one ton, watercraft,	92095
outboard motor, or aircraft, or of any tangible personal property,	92096
other than motor vehicles designed by the manufacturer to carry a	92097
load of more than one ton, to be used by the lessee or renter	92098
primarily for business purposes, the tax shall be collected by the	92099
vendor at the time the lease or rental is consummated and shall be	92100
calculated by the vendor on the basis of the total amount to be	92101
paid by the lessee or renter under the lease agreement. If the	92102
total amount of the consideration for the lease or rental includes	92103
amounts that are not calculated at the time the lease or rental is	92104
executed, the tax shall be calculated and collected by the vendor	92105
at the time such amounts are billed to the lessee or renter. In	92106
the case of an open-end lease or rental, the tax shall be	92107
calculated by the vendor on the basis of the total amount to be	92108
paid during the initial fixed term of the lease or rental, and for	92109
each subsequent renewal period as it comes due. As used in this	92110
division, "motor vehicle" has the same meaning as in section	92111
4501.01 of the Revised Code, and "watercraft" includes an outdrive	92112
unit attached to the watercraft.	92113

A lease with a renewal clause and a termination penalty or	92114
similar provision that applies if the renewal clause is not	92115
exercised is presumed to be a sham transaction. In such a case,	92116
the tax shall be calculated and paid on the basis of the entire	92117
length of the lease period, including any renewal periods, until	92118
the termination penalty or similar provision no longer applies.	92119
The taxpayer shall bear the burden, by a preponderance of the	92120
evidence, that the transaction or series of transactions is not a	92121
sham transaction.	92122

(3) Except as provided in division (A)(2) of this section, in	92123
the case of a sale, the price of which consists in whole or in	92124
part of the lease or rental of tangible personal property, the tax	92125
shall be measured by the installments of that lease or rental.	92126

(4) In the case of a sale of a physical fitness facility	92127
service or recreation and sports club service, the price of which	92128
consists in whole or in part of a membership for the receipt of	92129
the benefit of the service, the tax applicable to the sale shall	92130
be measured by the installments thereof.	92131

(B) The tax does not apply to the following:

92132

(1) Sales to the state or any of its political subdivisions,	92133
or to any other state or its political subdivisions if the laws of	92134
that state exempt from taxation sales made to this state and its	92135
political subdivisions;	92136

(2) Sales of food for human consumption off the premises	92137
where sold;	92138

(3) Sales of food sold to students only in a cafeteria,	92139
dormitory, fraternity, or sorority maintained in a private,	92140
public, or parochial school, college, or university;	92141

(4) Sales of newspapers and of magazine subscriptions and	92142
sales or transfers of magazines distributed as controlled	92143
circulation publications;	92144

(5) The furnishing, preparing, or serving of meals without	92145
charge by an employer to an employee provided the employer records	92146
the meals as part compensation for services performed or work	92147
done;	92148

(6) Sales of motor fuel upon receipt, use, distribution, or	92149
sale of which in this state a tax is imposed by the law of this	92150
state, but this exemption shall not apply to the sale of motor	92151
fuel on which a refund of the tax is allowable under division (A)	92152
of section 5735.14 of the Revised Code; and the tax commissioner	92153
may deduct the amount of tax levied by this section applicable to	92154
the price of motor fuel when granting a refund of motor fuel tax	92155
pursuant to division (A) of section 5735.14 of the Revised Code	92156
and shall cause the amount deducted to be paid into the general	92157
revenue fund of this state;	92158

(7) Sales of natural gas by a natural gas company, of water	92159
by a water-works company, or of steam by a heating company, if in	92160
each case the thing sold is delivered to consumers through pipes	92161
or conduits, and all sales of communications services by a	92162
telegraph company, all terms as defined in section 5727.01 of the	92163
Revised Code, and sales of electricity delivered through wires;	92164

(8) Casual sales by a person, or auctioneer employed directly	92165
by the person to conduct such sales, except as to such sales of	92166
motor vehicles, watercraft or outboard motors required to be	92167
titled under section 1548.06 of the Revised Code, watercraft	92168
documented with the United States coast guard, snowmobiles, and	92169
all-purpose vehicles as defined in section 4519.01 of the Revised	92170
Code;	92171

(9)(a) Sales of services or tangible personal property, other	92172
than motor vehicles, mobile homes, and manufactured homes, by	92173
churches, organizations exempt from taxation under section	92174
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	92175
organizations operated exclusively for charitable purposes as	92176
defined in division (B)(12) of this section, provided that the	92177
number of days on which such tangible personal property or	92178
services, other than items never subject to the tax, are sold does	92179
not exceed six in any calendar year, except as otherwise provided	92180
in division (B)(9)(b) of this section. If the number of days on	92181
which such sales are made exceeds six in any calendar year, the	92182
church or organization shall be considered to be engaged in	92183
business and all subsequent sales by it shall be subject to the	92184
tax. In counting the number of days, all sales by groups within a	92185
church or within an organization shall be considered to be sales	92186
of that church or organization.	92187

(b) The limitation on the number of days on which tax-exempt	92188
sales may be made by a church or organization under division	92189
(B)(9)(a) of this section does not apply to sales made by student	92190
clubs and other groups of students of a primary or secondary	92191
school, or a parent-teacher association, booster group, or similar	92192
organization that raises money to support or fund curricular or	92193
extracurricular activities of a primary or secondary school.	92194

(c) Divisions (B)(9)(a) and (b) of this section do not apply	92195
to sales by a noncommercial educational radio or television	92196
broadcasting station.	92197

(10) Sales not within the taxing power of this state under	92198
the Constitution of the United States;	92199

(11) Except for transactions that are sales under division	92200
(B)(3)(r) of section 5739.01 of the Revised Code, the	92201
transportation of persons or property, unless the transportation	92202
is by a private investigation and security service;	92203

(12) Sales of tangible personal property or services to	92204
churches, to organizations exempt from taxation under section	92205
501(c)(3) of the Internal Revenue Code of 1986, and to any other	92206
nonprofit organizations operated exclusively for charitable	92207
purposes in this state, no part of the net income of which inures	92208
to the benefit of any private shareholder or individual, and no	92209
substantial part of the activities of which consists of carrying	92210
on propaganda or otherwise attempting to influence legislation;	92211
sales to offices administering one or more homes for the aged or	92212
one or more hospital facilities exempt under section 140.08 of the	92213
Revised Code; and sales to organizations described in division (D)	92214
of section 5709.12 of the Revised Code.	92215

"Charitable purposes" means the relief of poverty; the	92216
improvement of health through the alleviation of illness, disease,	92217
or injury; the operation of an organization exclusively for the	92218
provision of professional, laundry, printing, and purchasing	92219
services to hospitals or charitable institutions; the operation of	92220
a home for the aged, as defined in section 5701.13 of the Revised	92221
Code; the operation of a radio or television broadcasting station	92222
that is licensed by the federal communications commission as a	92223
noncommercial educational radio or television station; the	92224
operation of a nonprofit animal adoption service or a county	92225
humane society; the promotion of education by an institution of	92226
learning that maintains a faculty of qualified instructors,	92227
teaches regular continuous courses of study, and confers a	92228
recognized diploma upon completion of a specific curriculum; the	92229
operation of a parent-teacher association, booster group, or	92230
similar organization primarily engaged in the promotion and	92231
support of the curricular or extracurricular activities of a	92232
primary or secondary school; the operation of a community or area	92233
center in which presentations in music, dramatics, the arts, and	92234
related fields are made in order to foster public interest and	92235
education therein; the production of performances in music,	92236
dramatics, and the arts; or the promotion of education by an	92237
organization engaged in carrying on research in, or the	92238
dissemination of, scientific and technological knowledge and	92239
information primarily for the public.	92240

Nothing in this division shall be deemed to exempt sales to	92241
any organization for use in the operation or carrying on of a	92242
trade or business, or sales to a home for the aged for use in the	92243
operation of independent living facilities as defined in division	92244
(A) of section 5709.12 of the Revised Code.	92245

(13) Building and construction materials and services sold to	92246
construction contractors for incorporation into a structure or	92247
improvement to real property under a construction contract with	92248
this state or a political subdivision of this state, or with the	92249
United States government or any of its agencies; building and	92250
construction materials and services sold to construction	92251
contractors for incorporation into a structure or improvement to	92252
real property that are accepted for ownership by this state or any	92253
of its political subdivisions, or by the United States government	92254
or any of its agencies at the time of completion of the structures	92255
or improvements; building and construction materials sold to	92256
construction contractors for incorporation into a horticulture	92257
structure or livestock structure for a person engaged in the	92258
business of horticulture or producing livestock; building	92259
materials and services sold to a construction contractor for	92260
incorporation into a house of public worship or religious	92261
education, or a building used exclusively for charitable purposes	92262
under a construction contract with an organization whose purpose	92263
is as described in division (B)(12) of this section; building	92264
materials and services sold to a construction contractor for	92265
incorporation into a building under a construction contract with	92266
an organization exempt from taxation under section 501(c)(3) of	92267
the Internal Revenue Code of 1986 when the building is to be used	92268
exclusively for the organization's exempt purposes; building and	92269
construction materials sold for incorporation into the original	92270
construction of a sports facility under section 307.696 of the	92271
Revised Code; and building and construction materials and services	92272
sold to a construction contractor for incorporation into real	92273
property outside this state if such materials and services, when	92274
sold to a construction contractor in the state in which the real	92275
property is located for incorporation into real property in that	92276
state, would be exempt from a tax on sales levied by that state;	92277

(14) Sales of ships or vessels or rail rolling stock used or	92278
to be used principally in interstate or foreign commerce, and	92279
repairs, alterations, fuel, and lubricants for such ships or	92280
vessels or rail rolling stock;	92281

(15) Sales to persons primarily engaged in any of the	92282
activities mentioned in division (B)(42)(a) or (g) of this	92283
section, to persons engaged in making retail sales, or to persons	92284
who purchase for sale from a manufacturer tangible personal	92285
property that was produced by the manufacturer in accordance with	92286
specific designs provided by the purchaser, of packages, including	92287
material, labels, and parts for packages, and of machinery,	92288
equipment, and material for use primarily in packaging tangible	92289
personal property produced for sale, including any machinery,	92290
equipment, and supplies used to make labels or packages, to	92291
prepare packages or products for labeling, or to label packages or	92292
products, by or on the order of the person doing the packaging, or	92293
sold at retail. "Packages" includes bags, baskets, cartons,	92294
crates, boxes, cans, bottles, bindings, wrappings, and other	92295
similar devices and containers, but does not include motor	92296
vehicles or bulk tanks, trailers, or similar devices attached to	92297
motor vehicles. "Packaging" means placing in a package. Division	92298
(B)(15) of this section does not apply to persons engaged in	92299
highway transportation for hire.	92300

(16) Sales of food to persons using ~~food stamp~~supplemental	92301
nutrition assistance program benefits to purchase the food. As	92302
used in this division, "food" has the same meaning as in ~~the~~	92303
~~"Food Stamp Act of 1977," 91 Stat. 958,~~ 7 U.S.C. 2012~~, as~~	92304
~~amended,~~ and federal regulations adopted pursuant to ~~that act~~the	92305
Food and Nutrition Act of 2008.	92306

(17) Sales to persons engaged in farming, agriculture,	92307
horticulture, or floriculture, of tangible personal property for	92308
use or consumption directly in the production by farming,	92309
agriculture, horticulture, or floriculture of other tangible	92310
personal property for use or consumption directly in the	92311
production of tangible personal property for sale by farming,	92312
agriculture, horticulture, or floriculture; or material and parts	92313
for incorporation into any such tangible personal property for use	92314
or consumption in production; and of tangible personal property	92315
for such use or consumption in the conditioning or holding of	92316
products produced by and for such use, consumption, or sale by	92317
persons engaged in farming, agriculture, horticulture, or	92318
floriculture, except where such property is incorporated into real	92319
property;	92320

(18) Sales of drugs for a human being that may be dispensed	92321
only pursuant to a prescription; insulin as recognized in the	92322
official United States pharmacopoeia; urine and blood testing	92323
materials when used by diabetics or persons with hypoglycemia to	92324
test for glucose or acetone; hypodermic syringes and needles when	92325
used by diabetics for insulin injections; epoetin alfa when	92326
purchased for use in the treatment of persons with medical	92327
disease; hospital beds when purchased by hospitals, nursing homes,	92328
or other medical facilities; and medical oxygen and medical	92329
oxygen-dispensing equipment when purchased by hospitals, nursing	92330
homes, or other medical facilities;	92331

(19) Sales of prosthetic devices, durable medical equipment	92332
for home use, or mobility enhancing equipment, when made pursuant	92333
to a prescription and when such devices or equipment are for use	92334
by a human being.	92335

(20) Sales of emergency and fire protection vehicles and	92336
equipment to nonprofit organizations for use solely in providing	92337
fire protection and emergency services, including trauma care and	92338
emergency medical services, for political subdivisions of the	92339
state;	92340

(21) Sales of tangible personal property manufactured in this	92341
state, if sold by the manufacturer in this state to a retailer for	92342
use in the retail business of the retailer outside of this state	92343
and if possession is taken from the manufacturer by the purchaser	92344
within this state for the sole purpose of immediately removing	92345
the same from this state in a vehicle owned by the purchaser;	92346

(22) Sales of services provided by the state or any of its	92347
political subdivisions, agencies, instrumentalities, institutions,	92348
or authorities, or by governmental entities of the state or any of	92349
its political subdivisions, agencies, instrumentalities,	92350
institutions, or authorities;	92351

(23) Sales of motor vehicles to nonresidents of this state	92352
under the circumstances described in division (B) of section	92353
5739.029 of the Revised Code;	92354

(24) Sales to persons engaged in the preparation of eggs for	92355
sale of tangible personal property used or consumed directly in	92356
such preparation, including such tangible personal property used	92357
for cleaning, sanitizing, preserving, grading, sorting, and	92358
classifying by size; packages, including material and parts for	92359
packages, and machinery, equipment, and material for use in	92360
packaging eggs for sale; and handling and transportation equipment	92361
and parts therefor, except motor vehicles licensed to operate on	92362
public highways, used in intraplant or interplant transfers or	92363
shipment of eggs in the process of preparation for sale, when the	92364
plant or plants within or between which such transfers or	92365
shipments occur are operated by the same person. "Packages"	92366
includes containers, cases, baskets, flats, fillers, filler flats,	92367
cartons, closure materials, labels, and labeling materials, and	92368
"packaging" means placing therein.	92369

(25)(a) Sales of water to a consumer for residential use,	92370
except the sale of bottled water, distilled water, mineral water,	92371
carbonated water, or ice;	92372

(b) Sales of water by a nonprofit corporation engaged	92373
exclusively in the treatment, distribution, and sale of water to	92374
consumers, if such water is delivered to consumers through pipes	92375
or tubing.	92376

(26) Fees charged for inspection or reinspection of motor	92377
vehicles under section 3704.14 of the Revised Code;	92378

(27) Sales to persons licensed to conduct a food service	92379
operation pursuant to section 3717.43 of the Revised Code, of	92380
tangible personal property primarily used directly for the	92381
following:	92382

(a) To prepare food for human consumption for sale;

92383

(b) To preserve food that has been or will be prepared for	92384
human consumption for sale by the food service operator, not	92385
including tangible personal property used to display food for	92386
selection by the consumer;	92387

(c) To clean tangible personal property used to prepare or	92388
serve food for human consumption for sale.	92389

(28) Sales of animals by nonprofit animal adoption services	92390
or county humane societies;	92391

(29) Sales of services to a corporation described in division	92392
(A) of section 5709.72 of the Revised Code, and sales of tangible	92393
personal property that qualifies for exemption from taxation under	92394
section 5709.72 of the Revised Code;	92395

(30) Sales and installation of agricultural land tile, as	92396
defined in division (B)(5)(a) of section 5739.01 of the Revised	92397
Code;	92398

(31) Sales and erection or installation of portable grain	92399
bins, as defined in division (B)(5)(b) of section 5739.01 of the	92400
Revised Code;	92401

(32) The sale, lease, repair, and maintenance of, parts for,	92402
or items attached to or incorporated in, motor vehicles that are	92403
primarily used for transporting tangible personal property	92404
belonging to others by a person engaged in highway transportation	92405
for hire, except for packages and packaging used for the	92406
transportation of tangible personal property;	92407

(33) Sales to the state headquarters of any veterans'	92408
organization in this state that is either incorporated and issued	92409
a charter by the congress of the United States or is recognized by	92410
the United States veterans administration, for use by the	92411
headquarters;	92412

(34) Sales to a telecommunications service vendor, mobile	92413
telecommunications service vendor, or satellite broadcasting	92414
service vendor of tangible personal property and services used	92415
directly and primarily in transmitting, receiving, switching, or	92416
recording any interactive, one- or two-way electromagnetic	92417
communications, including voice, image, data, and information,	92418
through the use of any medium, including, but not limited to,	92419
poles, wires, cables, switching equipment, computers, and record	92420
storage devices and media, and component parts for the tangible	92421
personal property. The exemption provided in this division shall	92422
be in lieu of all other exemptions under division (B)(42)(a) of	92423
this section to which the vendor may otherwise be entitled, based	92424
upon the use of the thing purchased in providing the	92425
telecommunications, mobile telecommunications, or satellite	92426
broadcasting service.	92427

(35)(a) Sales where the purpose of the consumer is to use or	92428
consume the things transferred in making retail sales and	92429
consisting of newspaper inserts, catalogues, coupons, flyers, gift	92430
certificates, or other advertising material that prices and	92431
describes tangible personal property offered for retail sale.	92432

(b) Sales to direct marketing vendors of preliminary	92433
materials such as photographs, artwork, and typesetting that will	92434
be used in printing advertising material; of printed matter that	92435
offers free merchandise or chances to win sweepstake prizes and	92436
that is mailed to potential customers with advertising material	92437
described in division (B)(35)(a) of this section; and of equipment	92438
such as telephones, computers, facsimile machines, and similar	92439
tangible personal property primarily used to accept orders for	92440
direct marketing retail sales.	92441

(c) Sales of automatic food vending machines that preserve	92442
food with a shelf life of forty-five days or less by refrigeration	92443
and dispense it to the consumer.	92444

For purposes of division (B)(35) of this section, "direct	92445
marketing" means the method of selling where consumers order	92446
tangible personal property by United States mail, delivery	92447
service, or telecommunication and the vendor delivers or ships the	92448
tangible personal property sold to the consumer from a warehouse,	92449
catalogue distribution center, or similar fulfillment facility by	92450
means of the United States mail, delivery service, or common	92451
carrier.	92452

(36) Sales to a person engaged in the business of	92453
horticulture or producing livestock of materials to be	92454
incorporated into a horticulture structure or livestock structure;	92455

(37) Sales of personal computers, computer monitors, computer	92456
keyboards, modems, and other peripheral computer equipment to an	92457
individual who is licensed or certified to teach in an elementary	92458
or a secondary school in this state for use by that individual in	92459
preparation for teaching elementary or secondary school students;	92460

(38) Sales to a professional racing team of any of the	92461
following:	92462

(a) Motor racing vehicles;

92463

(b) Repair services for motor racing vehicles;

92464

(c) Items of property that are attached to or incorporated in	92465
motor racing vehicles, including engines, chassis, and all other	92466
components of the vehicles, and all spare, replacement, and	92467
rebuilt parts or components of the vehicles; except not including	92468
tires, consumable fluids, paint, and accessories consisting of	92469
instrumentation sensors and related items added to the vehicle to	92470
collect and transmit data by means of telemetry and other forms of	92471
communication.	92472

(39) Sales of used manufactured homes and used mobile homes,	92473
as defined in section 5739.0210 of the Revised Code, made on or	92474
after January 1, 2000;	92475

(40) Sales of tangible personal property and services to a	92476
provider of electricity used or consumed directly and primarily in	92477
generating, transmitting, or distributing electricity for use by	92478
others, including property that is or is to be incorporated into	92479
and will become a part of the consumer's production, transmission,	92480
or distribution system and that retains its classification as	92481
tangible personal property after incorporation; fuel or power used	92482
in the production, transmission, or distribution of electricity;	92483
and tangible personal property and services used in the repair and	92484
maintenance of the production, transmission, or distribution	92485
system, including only those motor vehicles as are specially	92486
designed and equipped for such use. The exemption provided in this	92487
division shall be in lieu of all other exemptions in division	92488
(B)(42)(a) of this section to which a provider of electricity may	92489
otherwise be entitled based on the use of the tangible personal	92490
property or service purchased in generating, transmitting, or	92491
distributing electricity.	92492

(41) Sales to a person providing services under division	92493
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	92494
personal property and services used directly and primarily in	92495
providing taxable services under that section.	92496

(42) Sales where the purpose of the purchaser is to do any of	92497
the following:	92498

(a) To incorporate the thing transferred as a material or a	92499
part into tangible personal property to be produced for sale by	92500
manufacturing, assembling, processing, or refining; or to use or	92501
consume the thing transferred directly in producing tangible	92502
personal property for sale by mining, including, without	92503
limitation, the extraction from the earth of all substances that	92504
are classed geologically as minerals, production of crude oil and	92505
natural gas, farming, agriculture, horticulture, or floriculture,	92506
or directly in the rendition of a public utility service, except	92507
that the sales tax levied by this section shall be collected upon	92508
all meals, drinks, and food for human consumption sold when	92509
transporting persons. Persons engaged in rendering farming,	92510
agricultural, horticultural, or floricultural services, and	92511
services in the exploration for, and production of, crude oil and	92512
natural gas, for others are deemed engaged directly in farming,	92513
agriculture, horticulture, and floriculture, or exploration for,	92514
and production of, crude oil and natural gas. This paragraph does	92515
not exempt from "retail sale" or "sales at retail" the sale of	92516
tangible personal property that is to be incorporated into a	92517
structure or improvement to real property.	92518

(b) To hold the thing transferred as security for the	92519
performance of an obligation of the vendor;	92520

(c) To resell, hold, use, or consume the thing transferred as	92521
evidence of a contract of insurance;	92522

(d) To use or consume the thing directly in commercial	92523
fishing;	92524

(e) To incorporate the thing transferred as a material or a	92525
part into, or to use or consume the thing transferred directly in	92526
the production of, magazines distributed as controlled circulation	92527
publications;	92528

(f) To use or consume the thing transferred in the production	92529
and preparation in suitable condition for market and sale of	92530
printed, imprinted, overprinted, lithographic, multilithic,	92531
blueprinted, photostatic, or other productions or reproductions of	92532
written or graphic matter;	92533

(g) To use the thing transferred, as described in section	92534
5739.011 of the Revised Code, primarily in a manufacturing	92535
operation to produce tangible personal property for sale;	92536

(h) To use the benefit of a warranty, maintenance or service	92537
contract, or similar agreement, as described in division (B)(7) of	92538
section 5739.01 of the Revised Code, to repair or maintain	92539
tangible personal property, if all of the property that is the	92540
subject of the warranty, contract, or agreement would not be	92541
subject to the tax imposed by this section;	92542

(i) To use the thing transferred as qualified research and	92543
development equipment;	92544

(j) To use or consume the thing transferred primarily in	92545
storing, transporting, mailing, or otherwise handling purchased	92546
sales inventory in a warehouse, distribution center, or similar	92547
facility when the inventory is primarily distributed outside this	92548
state to retail stores of the person who owns or controls the	92549
warehouse, distribution center, or similar facility, to retail	92550
stores of an affiliated group of which that person is a member, or	92551
by means of direct marketing. This division does not apply to	92552
motor vehicles registered for operation on the public highways. As	92553
used in this division, "affiliated group" has the same meaning as	92554
in division (B)(3)(e) of section 5739.01 of the Revised Code and	92555
"direct marketing" has the same meaning as in division (B)(35) of	92556
this section.	92557

(k) To use or consume the thing transferred to fulfill a	92558
contractual obligation incurred by a warrantor pursuant to a	92559
warranty provided as a part of the price of the tangible personal	92560
property sold or by a vendor of a warranty, maintenance or service	92561
contract, or similar agreement the provision of which is defined	92562
as a sale under division (B)(7) of section 5739.01 of the Revised	92563
Code;	92564

(l) To use or consume the thing transferred in the production	92565
of a newspaper for distribution to the public;	92566

(m) To use tangible personal property to perform a service	92567
listed in division (B)(3) of section 5739.01 of the Revised Code,	92568
if the property is or is to be permanently transferred to the	92569
consumer of the service as an integral part of the performance of	92570
the service;	92571

(n) To use or consume the thing transferred in acquiring,	92572
formatting, editing, storing, and disseminating data or	92573
information by electronic publishing.	92574

As used in division (B)(42) of this section, "thing" includes	92575
all transactions included in divisions (B)(3)(a), (b), and (e) of	92576
section 5739.01 of the Revised Code.	92577

(43) Sales conducted through a coin operated device that	92578
activates vacuum equipment or equipment that dispenses water,	92579
whether or not in combination with soap or other cleaning agents	92580
or wax, to the consumer for the consumer's use on the premises in	92581
washing, cleaning, or waxing a motor vehicle, provided no other	92582
personal property or personal service is provided as part of the	92583
transaction.	92584

(44) Sales of replacement and modification parts for engines,	92585
airframes, instruments, and interiors in, and paint for, aircraft	92586
used primarily in a fractional aircraft ownership program, and	92587
sales of services for the repair, modification, and maintenance of	92588
such aircraft, and machinery, equipment, and supplies primarily	92589
used to provide those services.	92590

(45) Sales of telecommunications service that is used	92591
directly and primarily to perform the functions of a call center.	92592
As used in this division, "call center" means any physical	92593
location where telephone calls are placed or received in high	92594
volume for the purpose of making sales, marketing, customer	92595
service, technical support, or other specialized business	92596
activity, and that employs at least fifty individuals that engage	92597
in call center activities on a full-time basis, or sufficient	92598
individuals to fill fifty full-time equivalent positions.	92599

(46) Sales by a telecommunications service vendor of 900	92600
service to a subscriber. This division does not apply to	92601
information services, as defined in division (FF) of section	92602
5739.01 of the Revised Code.	92603

(47) Sales of value-added non-voice data service. This	92604
division does not apply to any similar service that is not	92605
otherwise a telecommunications service.	92606

(48)(a) Sales of machinery, equipment, and software to a	92607
qualified direct selling entity for use in a warehouse or	92608
distribution center primarily for storing, transporting, or	92609
otherwise handling inventory that is held for sale to independent	92610
salespersons who operate as direct sellers and that is held	92611
primarily for distribution outside this state;	92612

(b) As used in division (B)(48)(a) of this section:

92613

(i) "Direct seller" means a person selling consumer products	92614
to individuals for personal or household use and not from a fixed	92615
retail location, including selling such product at in-home product	92616
demonstrations, parties, and other one-on-one selling.	92617

(ii) "Qualified direct selling entity" means an entity	92618
selling to direct sellers at the time the entity enters into a tax	92619
credit agreement with the tax credit authority pursuant to section	92620
122.17 of the Revised Code, provided that the agreement was	92621
entered into on or after January 1, 2007. Neither contingencies	92622
relevant to the granting of, nor later developments with respect	92623
to, the tax credit shall impair the status of the qualified direct	92624
selling entity under division (B)(48) of this section after	92625
execution of the tax credit agreement by the tax credit authority.	92626

(c) Division (B)(48) of this section is limited to machinery,	92627
equipment, and software first stored, used, or consumed in this	92628
state within the period commencing June 24, 2008, and ending on	92629
the date that is five years after that date.	92630

(49) Sales of materials, parts, equipment, or engines used	92631
in the repair or maintenance of aircraft or avionics systems of	92632
such aircraft, and sales of repair, remodeling, replacement, or	92633
maintenance services in this state performed on aircraft or on	92634
an aircraft's avionics, engine, or component materials or parts.	92635
As used in division (B)(49) of this section, "aircraft" means	92636
aircraft of more than six thousand pounds maximum certified	92637
takeoff weight or used exclusively in general aviation.	92638

(50) Sales of full flight simulators that are used for pilot	92639
or flight-crew training, sales of repair or replacement parts or	92640
components, and sales of repair or maintenance services for such	92641
full flight simulators. "Full flight simulator" means a replica	92642
of a specific type, or make, model, and series of aircraft	92643
cockpit. It includes the assemblage of equipment and computer	92644
programs necessary to represent aircraft operations in ground and	92645
flight conditions, a visual system providing an	92646
out-of-the-cockpit view, and a system that provides cues at	92647
least equivalent to those of a three-degree-of-freedom motion	92648
system, and has the full range of capabilities of the systems	92649
installed in the device as described in appendices A and B of	92650
part 60 of chapter 1 of title 14 of the Code of Federal	92651
Regulations.	92652

(C) For the purpose of the proper administration of this	92653
chapter, and to prevent the evasion of the tax, it is presumed	92654
that all sales made in this state are subject to the tax until the	92655
contrary is established.	92656

(D) The levy of this tax on retail sales of recreation and	92657
sports club service shall not prevent a municipal corporation from	92658
levying any tax on recreation and sports club dues or on any	92659
income generated by recreation and sports club dues.	92660

(E) The tax collected by the vendor from the consumer under	92661
this chapter is not part of the price, but is a tax collection for	92662
the benefit of the state, and of counties levying an additional	92663
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	92664
Code and of transit authorities levying an additional sales tax	92665
pursuant to section 5739.023 of the Revised Code. Except for the	92666
discount authorized under section 5739.12 of the Revised Code and	92667
the effects of any rounding pursuant to section 5703.055 of the	92668
Revised Code, no person other than the state or such a county or	92669
transit authority shall derive any benefit from the collection or	92670
payment of the tax levied by this section or section 5739.021,	92671
5739.023, or 5739.026 of the Revised Code.	92672

Sec. 5739.03. (A) Except as provided in section 5739.05 or	92673
section 5739.051 of the Revised Code, the tax imposed by or	92674
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	92675
the Revised Code shall be paid by the consumer to the vendor, and	92676
each vendor shall collect from the consumer, as a trustee for the	92677
state of Ohio, the full and exact amount of the tax payable on	92678
each taxable sale, in the manner and at the times provided as	92679
follows:	92680

(1) If the price is, at or prior to the provision of the	92681
service or the delivery of possession of the thing sold to the	92682
consumer, paid in currency passed from hand to hand by the	92683
consumer or the consumer's agent to the vendor or the vendor's	92684
agent, the vendor or the vendor's agent shall collect the tax with	92685
and at the same time as the price;	92686

(2) If the price is otherwise paid or to be paid, the vendor	92687
or the vendor's agent shall, at or prior to the provision of the	92688
service or the delivery of possession of the thing sold to the	92689
consumer, charge the tax imposed by or pursuant to section	92690
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	92691
the account of the consumer, which amount shall be collected by	92692
the vendor from the consumer in addition to the price. Such sale	92693
shall be reported on and the amount of the tax applicable thereto	92694
shall be remitted with the return for the period in which the sale	92695
is made, and the amount of the tax shall become a legal charge in	92696
favor of the vendor and against the consumer.	92697

(B)(1)(a) If any sale is claimed to be exempt under division	92698
(E) of section 5739.01 of the Revised Code or under section	92699
5739.02 of the Revised Code, with the exception of divisions	92700
(B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the	92701
consumer must provide to the vendor, and the vendor must obtain	92702
from the consumer, a certificate specifying the reason that the	92703
sale is not legally subject to the tax. The certificate shall be	92704
in such form, and shall be provided either in a hard copy form or	92705
electronic form, as the tax commissioner prescribes.	92706

(b) A vendor that obtains a fully completed exemption	92707
certificate from a consumer is relieved of liability for	92708
collecting and remitting tax on any sale covered by that	92709
certificate. If it is determined the exemption was improperly	92710
claimed, the consumer shall be liable for any tax due on that sale	92711
under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter	92712
5741. of the Revised Code. Relief under this division from	92713
liability does not apply to any of the following:	92714

(i) A vendor that fraudulently fails to collect tax;

92715

(ii) A vendor that solicits consumers to participate in the	92716
unlawful claim of an exemption;	92717

(iii) A vendor that accepts an exemption certificate from a	92718
consumer that claims an exemption based on who purchases or who	92719
sells property or a service, when the subject of the transaction	92720
sought to be covered by the exemption certificate is actually	92721
received by the consumer at a location operated by the vendor in	92722
this state, and this state has posted to its web site an exemption	92723
certificate form that clearly and affirmatively indicates that the	92724
claimed exemption is not available in this state;	92725

(iv) A vendor that accepts an exemption certificate from a	92726
consumer who claims a multiple points of use exemption under	92727
division (D) of section 5739.033 of the Revised Code, if the item	92728
purchased is tangible personal property, other than prewritten	92729
computer software.	92730

(2) The vendor shall maintain records, including exemption	92731
certificates, of all sales on which a consumer has claimed an	92732
exemption, and provide them to the tax commissioner on request.	92733

(3) The tax commissioner may establish an identification	92734
system whereby the commissioner issues an identification number to	92735
a consumer that is exempt from payment of the tax. The consumer	92736
must present the number to the vendor, if any sale is claimed to	92737
be exempt as provided in this section.	92738

(4) If no certificate is provided or obtained within ninety	92739
days after the date on which such sale is consummated, it shall be	92740
presumed that the tax applies. Failure to have so provided or	92741
obtained a certificate shall not preclude a vendor, within one	92742
hundred twenty days after the tax commissioner gives written	92743
notice of intent to levy an assessment, from either establishing	92744
that the sale is not subject to the tax, or obtaining, in good	92745
faith, a fully completed exemption certificate.	92746

(5) Certificates need not be obtained nor provided where the	92747
identity of the consumer is such that the transaction is never	92748
subject to the tax imposed or where the item of tangible personal	92749
property sold or the service provided is never subject to the tax	92750
imposed, regardless of use, or when the sale is in interstate	92751
commerce.	92752

(6) If a transaction is claimed to be exempt under division	92753
(B)(13) of section 5739.02 of the Revised Code, the contractor	92754
shall obtain certification of the claimed exemption from the	92755
contractee. This certification shall be in addition to an	92756
exemption certificate provided by the contractor to the vendor. A	92757
contractee that provides a certification under this division shall	92758
be deemed to be the consumer of all items purchased by the	92759
contractor under the claim of exemption, if it is subsequently	92760
determined that the exemption is not properly claimed. The	92761
certification shall be in such form as the tax commissioner	92762
prescribes.	92763

(C) As used in this division, "contractee" means a person who	92764
seeks to enter or enters into a contract or agreement with a	92765
contractor or vendor for the construction of real property or for	92766
the sale and installation onto real property of tangible personal	92767
property.	92768

Any contractor or vendor may request from any contractee a	92769
certification of what portion of the property to be transferred	92770
under such contract or agreement is to be incorporated into the	92771
realty and what portion will retain its status as tangible	92772
personal property after installation is completed. The contractor	92773
or vendor shall request the certification by certified mail	92774
delivered to the contractee, return receipt requested. Upon	92775
receipt of such request and prior to entering into the contract or	92776
agreement, the contractee shall provide to the contractor or	92777
vendor a certification sufficiently detailed to enable the	92778
contractor or vendor to ascertain the resulting classification of	92779
all materials purchased or fabricated by the contractor or vendor	92780
and transferred to the contractee. This requirement applies to a	92781
contractee regardless of whether the contractee holds a direct	92782
payment permit under section 5739.031 of the Revised Code or	92783
provides to the contractor or vendor an exemption certificate as	92784
provided under this section.	92785

For the purposes of the taxes levied by this chapter and	92786
Chapter 5741. of the Revised Code, the contractor or vendor may in	92787
good faith rely on the contractee's certification. Notwithstanding	92788
division (B) of section 5739.01 of the Revised Code, if the tax	92789
commissioner determines that certain property certified by the	92790
contractee as tangible personal property pursuant to this division	92791
is, in fact, real property, the contractee shall be considered to	92792
be the consumer of all materials so incorporated into that real	92793
property and shall be liable for the applicable tax, and the	92794
contractor or vendor shall be excused from any liability on those	92795
materials.	92796

If a contractee fails to provide such certification upon the	92797
request of the contractor or vendor, the contractor or vendor	92798
shall comply with the provisions of this chapter and Chapter 5741.	92799
of the Revised Code without the certification. If the tax	92800
commissioner determines that such compliance has been performed in	92801
good faith and that certain property treated as tangible personal	92802
property by the contractor or vendor is, in fact, real property,	92803
the contractee shall be considered to be the consumer of all	92804
materials so incorporated into that real property and shall be	92805
liable for the applicable tax, and the construction contractor or	92806
vendor shall be excused from any liability on those materials.	92807

This division does not apply to any contract or agreement	92808
where the tax commissioner determines as a fact that a	92809
certification under this division was made solely on the decision	92810
or advice of the contractor or vendor.	92811

(D) Notwithstanding division (B) of section 5739.01 of the	92812
Revised Code, whenever the total rate of tax imposed under this	92813
chapter is increased after the date after a construction contract	92814
is entered into, the contractee shall reimburse the construction	92815
contractor for any additional tax paid on tangible property	92816
consumed or services received pursuant to the contract.	92817

(E) A vendor who files a petition for reassessment contesting	92818
the assessment of tax on sales for which the vendor obtained no	92819
valid exemption certificates and for which the vendor failed to	92820
establish that the sales were properly not subject to the tax	92821
during the one-hundred-twenty-day period allowed under division	92822
(B) of this section, may present to the tax commissioner	92823
additional evidence to prove that the sales were properly subject	92824
to a claim of exception or exemption. The vendor shall file such	92825
evidence within ninety days of the receipt by the vendor of the	92826
notice of assessment, except that, upon application and for	92827
reasonable cause, the period for submitting such evidence shall be	92828
extended thirty days.	92829

The commissioner shall consider such additional evidence in	92830
reaching the final determination on the assessment and petition	92831
for reassessment.	92832

(F) Whenever a vendor refunds the price, minus any	92833
separately stated delivery charge, of an item of tangible	92834
personal property on which the tax imposed under this chapter has	92835
been paid, the vendor shall also refund the amount of tax paid,	92836
minus the amount of tax attributable to the delivery charge.	92837

Sec. 5739.033. (A) Except as provided in division (B) of	92838
this section, divisions (C) to (I) of this section apply to sales	92839
made on and after January 1, 2008. Any vendor previously required	92840
to comply with divisions (C) to (I) of this section and any	92841
vendor that irrevocably elects to comply with divisions (C) to	92842
(I) of this section for all of the vendor's sales and places of	92843
business in this state shall continue to source its sales under	92844
those divisions.	92845

The amount of tax due pursuant to sections 5739.02, 5739.021,	92846
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	92847
imposed pursuant to those sections at the sourcing location of the	92848
sale as determined under this section or, if applicable, under	92849
division (C) of section 5739.031 or section 5739.034 of the	92850
Revised Code, or at the situs of the sale as determined under	92851
section 5739.035 of the Revised Code. This section applies only to	92852
a vendor's or seller's obligation to collect and remit sales taxes	92853
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	92854
Revised Code or use taxes under section 5741.02, 5741.021,	92855
5741.022, or 5741.023 of the Revised Code. Division (A) of this	92856
section does not apply in determining the jurisdiction for which	92857
sellers are required to collect the use tax under section 5741.05	92858
of the Revised Code. This section does not affect the obligation	92859
of a consumer to remit use taxes on the storage, use, or other	92860
consumption of tangible personal property or on the benefit	92861
realized of any service provided, to the jurisdiction of that	92862
storage, use, or consumption, or benefit realized.	92863

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

92864

(a) "Delivery sale" means the taxable sale of tangible	92865
personal property or a service that is received by a consumer, or	92866
a donee designated by the consumer, in a taxing jurisdiction that	92867
is not the taxing jurisdiction in which the vendor has a fixed	92868
place of business.	92869

(b) "Agreement" has the same meaning as in section 5740.01 of	92870
the Revised Code.	92871

(c) "Governing board" has the same meaning as in section	92872
5740.02 of the Revised Code.	92873

(2) If the tax commissioner does not make the certification	92874
under section 5740.10 of the Revised Code, a vendor that is not	92875
required by division (A) of this section to situs sales under	92876
divisions (C) to (I) of this section on the date of the	92877
commissioner's certification may continue after that date to	92878
situs its sales under section 5739.035 of the Revised Code unless	92879
it is required, under division (B)(5) of this section, to situs	92880
its sales under divisions (C) to (I) of this section.	92881

(3) Except as otherwise provided in divisions (B)(4) and (5)	92882
of this section, a vendor with total delivery sales within this	92883
state in prior calendar years, beginning with calendar year 2007,	92884
of less than five hundred thousand dollars may situs its sales	92885
under section 5739.035 of the Revised Code.	92886

(4) Once a vendor has total delivery sales in this state of	92887
five hundred thousand dollars or more for a prior calendar year,	92888
the vendor shall source its sales under divisions (C) to (I) of	92889
this section and shall continue to source its sales under those	92890
divisions regardless of the amount of the vendor's total delivery	92891
sales in future years.	92892

(5) A vendor permitted under division (B)(3) of this section	92893
to situs its sales under section 5739.035 of the Revised Code that	92894
fails to provide, absent a clerical error, the notices required	92895
under division (I)(1) of section 5739.035 of the Revised Code	92896
shall situs all subsequent sales as required under divisions (C)	92897
to (I) of this section.	92898

(C) Except for sales, other than leases, of titled motor	92899
vehicles, titled watercraft, or titled outboard motors as provided	92900
in section 5741.05 of the Revised Code, or as otherwise provided	92901
in this section and section 5739.034 of the Revised Code, all	92902
sales shall be sourced as follows:	92903

(1) If the consumer or a donee designated by the consumer	92904
receives tangible personal property or a service at a vendor's	92905
place of business, the sale shall be sourced to that place of	92906
business.	92907

(2) When the tangible personal property or service is not	92908
received at a vendor's place of business, the sale shall be	92909
sourced to the location known to the vendor where the consumer or	92910
the donee designated by the consumer receives the tangible	92911
personal property or service, including the location indicated by	92912
instructions for delivery to the consumer or the consumer's donee.	92913

(3) If divisions (C)(1) and (2) of this section do not apply,	92914
the sale shall be sourced to the location indicated by an address	92915
for the consumer that is available from the vendor's business	92916
records that are maintained in the ordinary course of the	92917
vendor's business, when use of that address does not constitute	92918
bad faith.	92919

(4) If divisions (C)(1), (2), and (3) of this section do not	92920
apply, the sale shall be sourced to the location indicated by an	92921
address for the consumer obtained during the consummation of the	92922
sale, including the address associated with the consumer's payment	92923
instrument, if no other address is available, when use of that	92924
address does not constitute bad faith.	92925

(5) If divisions (C)(1), (2), (3), and (4) of this section do	92926
not apply, including in the circumstance where the vendor is	92927
without sufficient information to apply any of those divisions,	92928
the sale shall be sourced to the address from which tangible	92929
personal property was shipped, or from which the service was	92930
provided, disregarding any location that merely provided the	92931
electronic transfer of the property sold or service provided.	92932

(6) As used in division (C) of this section, "receive" means	92933
taking possession of tangible personal property or making first	92934
use of a service. "Receive" does not include possession by a	92935
shipping company on behalf of a consumer.	92936

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	92937
section, a business consumer that is not a holder of a direct	92938
payment permit granted under section 5739.031 of the Revised Code,	92939
that purchases a digital good, computer software, except computer	92940
software received in person by a business consumer at a vendor's	92941
place of business, or a service, and that knows at the time of	92942
purchase that such digital good, software, or service will be	92943
concurrently available for use in more than one taxing	92944
jurisdiction shall deliver to the vendor in conjunction with its	92945
purchase an exemption certificate claiming multiple points of use,	92946
or shall meet the requirements of division (D)(2) of this section.	92947
On receipt of the exemption certificate claiming multiple points	92948
of use, the vendor is relieved of its obligation to collect, pay,	92949
or remit the tax due, and the business consumer must pay the tax	92950
directly to the state.	92951

(b) A business consumer that delivers the exemption	92952
certificate claiming multiple points of use to a vendor may use	92953
any reasonable, consistent, and uniform method of apportioning the	92954
tax due on the digital good, computer software, or service that is	92955
supported by the consumer's business records as they existed at	92956
the time of the sale. The business consumer shall report and pay	92957
the appropriate tax to each jurisdiction where concurrent use	92958
occurs. The tax due shall be calculated as if the apportioned	92959
amount of the digital good, computer software, or service had been	92960
delivered to each jurisdiction to which the sale is apportioned	92961
under this division.	92962

(c) The exemption certificate claiming multiple points of use	92963
shall remain in effect for all future sales by the vendor to the	92964
business consumer until it is revoked in writing by the business	92965
consumer, except as to the business consumer's specific	92966
apportionment of a subsequent sale under division (D)(1)(b) of	92967
this section and the facts existing at the time of the sale.	92968

(2) When the vendor knows that a digital good, computer	92969
software, or service sold will be concurrently available for use	92970
by the business consumer in more than one jurisdiction, but the	92971
business consumer does not provide an exemption certificate	92972
claiming multiple points of use as required by division (D)(1) of	92973
this section, the vendor may work with the business consumer to	92974
produce the correct apportionment. Governed by the principles of	92975
division (D)(1)(b) of this section, the vendor and business	92976
consumer may use any reasonable, but consistent and uniform,	92977
method of apportionment that is supported by the vendor's and	92978
business consumer's books and records as they exist at the time	92979
the sale is reported for purposes of the taxes levied under this	92980
chapter. If the business consumer certifies to the accuracy of the	92981
apportionment and the vendor accepts the certification, the vendor	92982
shall collect and remit the tax accordingly. In the absence of bad	92983
faith, the vendor is relieved of any further obligation to collect	92984
tax on any transaction where the vendor has collected tax pursuant	92985
to the information certified by the business consumer.	92986

(3) When the vendor knows that the digital good, computer	92987
software, or service will be concurrently available for use in	92988
more than one jurisdiction, and the business consumer does not	92989
have a direct pay permit and does not provide to the vendor an	92990
exemption certificate claiming multiple points of use as required	92991
in division (D)(1) of this section, or certification pursuant to	92992
division (D)(2) of this section, the vendor shall collect and	92993
remit the tax based on division (C) of this section.	92994

(4) Nothing in this section shall limit a person's obligation	92995
for sales or use tax to any state in which a digital good,	92996
computer software, or service is concurrently available for use,	92997
nor limit a person's ability under local, state, or federal law,	92998
to claim a credit for sales or use taxes legally due and paid to	92999
other jurisdictions.	93000

(E) A person who holds a direct payment permit issued under	93001
section 5739.031 of the Revised Code is not required to deliver an	93002
exemption certificate claiming multiple points of use to a vendor.	93003
But such permit holder shall comply with division (D)(2) of this	93004
section in apportioning the tax due on a digital good, computer	93005
software, or a service for use in business that will be	93006
concurrently available for use in more than one taxing	93007
jurisdiction.	93008

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	93009
section, the consumer of direct mail that is not a holder of a	93010
direct payment permit shall provide to the vendor in conjunction	93011
with the sale either an exemption certificate claiming direct mail	93012
prescribed by the tax commissioner, or information to show the	93013
jurisdictions to which the direct mail is delivered to recipients.	93014

(2) Upon receipt of such exemption certificate, the vendor is	93015
relieved of all obligations to collect, pay, or remit the	93016
applicable tax and the consumer is obligated to pay that tax on a	93017
direct pay basis. An exemption certificate claiming direct mail	93018
shall remain in effect for all future sales of direct mail by the	93019
vendor to the consumer until it is revoked in writing.	93020

(3) Upon receipt of information from the consumer showing the	93021
jurisdictions to which the direct mail is delivered to recipients,	93022
the vendor shall collect the tax according to the delivery	93023
information provided by the consumer. In the absence of bad faith,	93024
the vendor is relieved of any further obligation to collect tax on	93025
any transaction where the vendor has collected tax pursuant to the	93026
delivery information provided by the consumer.	93027

(4) If the consumer of direct mail does not have a direct	93028
payment permit and does not provide the vendor with either an	93029
exemption certificate claiming direct mail or delivery information	93030
as required by division (F)(1) of this section, the vendor shall	93031
collect the tax according to division (C)(5) of this section.	93032
Nothing in division (F)(4) of this section shall limit a	93033
consumer's obligation to pay sales or use tax to any state to	93034
which the direct mail is delivered.	93035

(5) If a consumer of direct mail provides the vendor with	93036
documentation of direct payment authority, the consumer shall not	93037
be required to provide an exemption certificate claiming direct	93038
mail or delivery information to the vendor.	93039

(G) If the vendor provides lodging to transient guests as	93040
specified in division (B)(2) of section 5739.01 of the Revised	93041
Code, the sale shall be sourced to the location where the lodging	93042
is located.	93043

(H)(1) As used in this division and division (I) of this	93044
section, "transportation equipment" means any of the following:	93045

(a) Locomotives and railcars that are utilized for the	93046
carriage of persons or property in interstate commerce.	93047

(b) Trucks and truck-tractors with a gross vehicle weight	93048
rating of greater than ten thousand pounds, trailers,	93049
semi-trailers, or passenger buses that are registered through the	93050
international registration plan and are operated under authority	93051
of a carrier authorized and certificated by the United States	93052
department of transportation or another federal authority to	93053
engage in the carriage of persons or property in interstate	93054
commerce.	93055

(c) Aircraft that are operated by air carriers authorized and	93056
certificated by the United States department of transportation or	93057
another federal authority to engage in the carriage of persons or	93058
property in interstate or foreign commerce.	93059

(d) Containers designed for use on and component parts	93060
attached to or secured on the items set forth in division	93061
(H)(1)(a), (b), or (c) of this section.	93062

(2) A sale, lease, or rental of transportation equipment	93063
shall be sourced pursuant to division (C) of this section.	93064

(I)(1) A lease or rental of tangible personal property that	93065
does not require recurring periodic payments shall be sourced	93066
pursuant to division (C) of this section.	93067

(2) A lease or rental of tangible personal property that	93068
requires recurring periodic payments shall be sourced as follows:	93069

(a) In the case of a motor vehicle, other than a motor	93070
vehicle that is transportation equipment, or an aircraft, other	93071
than an aircraft that is transportation equipment, such lease or	93072
rental shall be sourced as follows:	93073

(i) An accelerated tax payment on a lease or rental taxed	93074
pursuant to division (A)(2) of section 5739.02 of the Revised Code	93075
shall be sourced to the primary property location at the time the	93076
lease or rental is consummated. Any subsequent taxable charges on	93077
the lease or rental shall be sourced to the primary property	93078
location for the period in which the charges are incurred.	93079

(ii) For a lease or rental taxed pursuant to division (A)(3)	93080
of section 5739.02 of the Revised Code, each lease or rental	93081
installment shall be sourced to the primary property location for	93082
the period covered by the installment.	93083

(b) In the case of a lease or rental of all other tangible	93084
personal property, other than transportation equipment, such lease	93085
or rental shall be sourced as follows:	93086

(i) An accelerated tax payment on a lease or rental that is	93087
taxed pursuant to division (A)(2) of section 5739.02 of the	93088
Revised Code shall be sourced pursuant to division (C) of this	93089
section at the time the lease or rental is consummated. Any	93090
subsequent taxable charges on the lease or rental shall be sourced	93091
to the primary property location for the period in which the	93092
charges are incurred.	93093

(ii) For a lease or rental that is taxed pursuant to division	93094
(A)(3) of section 5739.02 of the Revised Code, the initial lease	93095
or rental installment shall be sourced pursuant to division (C) of	93096
this section. Each subsequent installment shall be sourced to the	93097
primary property location for the period covered by the	93098
installment.	93099

(3) As used in division (I) of this section, "primary	93100
property location" means an address for tangible personal property	93101
provided by the lessee or renter that is available to the lessor	93102
or owner from its records maintained in the ordinary course of	93103
business, when use of that address does not constitute bad faith.	93104

(J) Sales described in division (B)(11) of section 5739.01	93105
of the Revised Code shall be sourced to the location of the	93106
enrollee for whom a medicaid health insuring corporation receives	93107
managed care premiums. Such sales shall be sourced to the	93108
locations of the enrollees in the same proportion as the managed	93109
care premiums received by the medicaid health insuring	93110
corporation on behalf of enrollees located in a particular	93111
taxing jurisdiction in Ohio as compared to all managed care	93112
premiums received by the medicaid health insuring corporation.	93113

Sec. 5739.051. (A) The tax commissioner shall issue a direct	93114
payment permit to a medicaid health insuring corporation that	93115
authorizes the medicaid health insuring corporation to pay all	93116
taxes due on sales described in division (B)(11) of section	93117
5739.01 of the Revised Code directly to the state. Each medicaid	93118
health insuring corporation shall pay pursuant to such direct	93119
payment authority all sales tax levied on such sales by sections	93120
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and	93121
all use tax levied on such sales pursuant to sections 5741.02,	93122
5741.021, 5741.022, and 5741.023 of the Revised Code, unless	93123
division (B)(11)(b) of section 5739.01 of the Revised Code	93124
applies.	93125

(B) Each medicaid health insuring corporation shall, on or	93126
before the twenty-third day of each month, file a return for the	93127
preceding month on a form prescribed by the tax commissioner and	93128
shall pay the tax shown on the return to be due, unless division	93129
(B)(11)(b) of section 5739.01 of the Revised Code applies. The	93130
return shall show the amount of tax due from the medicaid health	93131
care insuring corporation for the period covered by the return	93132
and other such information as the commissioner deems necessary.	93133
Upon written request, the commissioner may extend the time for	93134
filing the return and paying the tax. The commissioner may	93135
require each medicaid health insuring corporation to file returns	93136
and remit payment by electronic means as provided in section	93137
5739.032 of the Revised Code.	93138

Sec. 5739.09. (A)(1) A board of county commissioners may, by	93139
resolution adopted by a majority of the members of the board, levy	93140
an excise tax not to exceed three per cent on transactions by	93141
which lodging by a hotel is or is to be furnished to transient	93142
guests. The board shall establish all regulations necessary to	93143
provide for the administration and allocation of the tax. The	93144
regulations may prescribe the time for payment of the tax, and may	93145
provide for the imposition of a penalty or interest, or both, for	93146
late payments, provided that the penalty does not exceed ten per	93147
cent of the amount of tax due, and the rate at which interest	93148
accrues does not exceed the rate per annum prescribed pursuant to	93149
section 5703.47 of the Revised Code. Except as provided in	93150
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	93151
regulations shall provide, after deducting the real and actual	93152
costs of administering the tax, for the return to each municipal	93153
corporation or township that does not levy an excise tax on the	93154
transactions, a uniform percentage of the tax collected in the	93155
municipal corporation or in the unincorporated portion of the	93156
township from each transaction, not to exceed thirty-three and	93157
one-third per cent. The remainder of the revenue arising from the	93158
tax shall be deposited in a separate fund and shall be spent	93159
solely to make contributions to the convention and visitors'	93160
bureau operating within the county, including a pledge and	93161
contribution of any portion of the remainder pursuant to an	93162
agreement authorized by section 307.695 of the Revised Code,	93163
provided that if the board of county commissioners of an eligible	93164
county as defined in section 307.695 of the Revised Code adopts a	93165
resolution amending a resolution levying a tax under this division	93166
to provide that the revenue from the tax shall be used by the	93167
board as described in division (H) of section 307.695 of the	93168
Revised Code, the remainder of the revenue shall be used as	93169
described in the resolution making that amendment. Except as	93170
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	93171
this section, on and after May 10, 1994, a board of county	93172
commissioners may not levy an excise tax pursuant to this division	93173
in any municipal corporation or township located wholly or partly	93174
within the county that has in effect an ordinance or resolution	93175
levying an excise tax pursuant to division (B) of this section.	93176
The board of a county that has levied a tax under division (C) of	93177
this section may, by resolution adopted within ninety days after	93178
July 15, 1985, by a majority of the members of the board, amend	93179
the resolution levying a tax under this division to provide for a	93180
portion of that tax to be pledged and contributed in accordance	93181
with an agreement entered into under section 307.695 of the	93182
Revised Code. A tax, any revenue from which is pledged pursuant to	93183
such an agreement, shall remain in effect at the rate at which it	93184
is imposed for the duration of the period for which the revenue	93185
from the tax has been so pledged.	93186

The board of county commissioners of an eligible county as	93187
defined in section 307.695 of the Revised Code may, by resolution	93188
adopted by a majority of the members of the board, amend a	93189
resolution levying a tax under this division to provide that the	93190
revenue from the tax shall be used by the board as described in	93191
division (H) of section 307.695 of the Revised Code, in which case	93192
the tax shall remain in effect at the rate at which it was imposed	93193
for the duration of any agreement entered into by the board under	93194
section 307.695 of the Revised Code, the duration during which any	93195
securities issued by the board under that section are outstanding,	93196
or the duration of the period during which the board owns a	93197
project as defined in section 307.695 of the Revised Code,	93198
whichever duration is longest.	93199

(2) A board of county commissioners that levies an excise tax	93200
under division (A)(1) of this section on June 30, 1997, at a rate	93201
of three per cent, and that has pledged revenue from the tax to an	93202
agreement entered into under section 307.695 of the Revised Code	93203
or, in the case of the board of county commissioners of an	93204
eligible county as defined in section 307.695 of the Revised Code,	93205
has amended a resolution levying a tax under division (C) of this	93206
section to provide that proceeds from the tax shall be used by the	93207
board as described in division (H) of section 307.695 of the	93208
Revised Code, may, at any time by a resolution adopted by a	93209
majority of the members of the board, amend the resolution levying	93210
a tax under division (A)(1) of this section to provide for an	93211
increase in the rate of that tax up to seven per cent on each	93212
transaction; to provide that revenue from the increase in the rate	93213
shall be used as described in division (H) of section 307.695 of	93214
the Revised Code or be spent solely to make contributions to the	93215
convention and visitors' bureau operating within the county to be	93216
used specifically for promotion, advertising, and marketing of the	93217
region in which the county is located; and to provide that the	93218
rate in excess of the three per cent levied under division (A)(1)	93219
of this section shall remain in effect at the rate at which it is	93220
imposed for the duration of the period during which any agreement	93221
is in effect that was entered into under section 307.695 of the	93222
Revised Code by the board of county commissioners levying a tax	93223
under division (A)(1) of this section, the duration of the period	93224
during which any securities issued by the board under division (I)	93225
of section 307.695 of the Revised Code are outstanding, or the	93226
duration of the period during which the board owns a project as	93227
defined in section 307.695 of the Revised Code, whichever duration	93228
is longest. The amendment also shall provide that no portion of	93229
that revenue need be returned to townships or municipal	93230
corporations as would otherwise be required under division (A)(1)	93231
of this section.	93232

(3) A board of county commissioners that levies a tax under	93233
division (A)(1) of this section on March 18, 1999, at a rate of	93234
three per cent may, by resolution adopted not later than	93235
forty-five days after March 18, 1999, amend the resolution levying	93236
the tax to provide for all of the following:	93237

(a) That the rate of the tax shall be increased by not more	93238
than an additional four per cent on each transaction;	93239

(b) That all of the revenue from the increase in the rate	93240
shall be pledged and contributed to a convention facilities	93241
authority established by the board of county commissioners under	93242
Chapter 351. of the Revised Code on or before November 15, 1998,	93243
and used to pay costs of constructing, maintaining, operating, and	93244
promoting a facility in the county, including paying bonds, or	93245
notes issued in anticipation of bonds, as provided by that	93246
chapter;	93247

(c) That no portion of the revenue arising from the increase	93248
in rate need be returned to municipal corporations or townships as	93249
otherwise required under division (A)(1) of this section;	93250

(d) That the increase in rate shall not be subject to	93251
diminution by initiative or referendum or by law while any bonds,	93252
or notes in anticipation of bonds, issued by the authority under	93253
Chapter 351. of the Revised Code to which the revenue is pledged,	93254
remain outstanding in accordance with their terms, unless	93255
provision is made by law or by the board of county commissioners	93256
for an adequate substitute therefor that is satisfactory to the	93257
trustee if a trust agreement secures the bonds.	93258

Division (A)(3) of this section does not apply to the board	93259
of county commissioners of any county in which a convention center	93260
or facility exists or is being constructed on November 15, 1998,	93261
or of any county in which a convention facilities authority levies	93262
a tax pursuant to section 351.021 of the Revised Code on that	93263
date.	93264

As used in division (A)(3) of this section, "cost" and	93265
"facility" have the same meanings as in section 351.01 of the	93266
Revised Code, and "convention center" has the same meaning as in	93267
section 307.695 of the Revised Code.	93268

(4)(a) A board of county commissioners that levies a tax	93269
under division (A)(1) of this section on June 30, 2002, at a rate	93270
of three per cent may, by resolution adopted not later than	93271
September 30, 2002, amend the resolution levying the tax to	93272
provide for all of the following:	93273

(i) That the rate of the tax shall be increased by not more	93274
than an additional three and one-half per cent on each	93275
transaction;	93276

(ii) That all of the revenue from the increase in rate shall	93277
be pledged and contributed to a convention facilities authority	93278
established by the board of county commissioners under Chapter	93279
351. of the Revised Code on or before May 15, 2002, and be used	93280
to pay costs of constructing, expanding, maintaining, operating,	93281
or promoting a convention center in the county, including paying	93282
bonds, or notes issued in anticipation of bonds, as provided by	93283
that chapter;	93284

(iii) That no portion of the revenue arising from the	93285
increase in rate need be returned to municipal corporations or	93286
townships as otherwise required under division (A)(1) of this	93287
section;	93288

(iv) That the increase in rate shall not be subject to	93289
diminution by initiative or referendum or by law while any bonds,	93290
or notes in anticipation of bonds, issued by the authority under	93291
Chapter 351. of the Revised Code to which the revenue is pledged,	93292
remain outstanding in accordance with their terms, unless	93293
provision is made by law or by the board of county commissioners	93294
for an adequate substitute therefor that is satisfactory to the	93295
trustee if a trust agreement secures the bonds.	93296

(b) Any board of county commissioners that, pursuant to	93297
division (A)(4)(a) of this section, has amended a resolution	93298
levying the tax authorized by division (A)(1) of this section may	93299
further amend the resolution to provide that the revenue referred	93300
to in division (A)(4)(a)(ii) of this section shall be pledged and	93301
contributed both to a convention facilities authority to pay the	93302
costs of constructing, expanding, maintaining, or operating one or	93303
more convention centers in the county, including paying bonds, or	93304
notes issued in anticipation of bonds, as provided in Chapter 351.	93305
of the Revised Code, and to a convention and visitors' bureau to	93306
pay the costs of promoting one or more convention centers in the	93307
county.	93308

As used in division (A)(4) of this section, "cost" has the	93309
same meaning as in section 351.01 of the Revised Code, and	93310
"convention center" has the same meaning as in section 307.695 of	93311
the Revised Code.	93312

(5)(a) As used in division (A)(5) of this section:

93313

(i) "Port authority" means a port authority created under	93314
Chapter 4582. of the Revised Code.	93315

(ii) "Port authority military-use facility" means port	93316
authority facilities on which or adjacent to which is located an	93317
installation of the armed forces of the United States, a reserve	93318
component thereof, or the national guard and at least part of	93319
which is made available for use, for consideration, by the armed	93320
forces of the United States, a reserve component thereof, or the	93321
national guard.	93322

(b) For the purpose of contributing revenue to pay operating	93323
expenses of a port authority that operates a port authority	93324
military-use facility, the board of county commissioners of a	93325
county that created, participated in the creation of, or has	93326
joined such a port authority may do one or both of the following:	93327

(i) Amend a resolution previously adopted under division	93328
(A)(1) of this section to designate some or all of the revenue	93329
from the tax levied under the resolution to be used for that	93330
purpose, notwithstanding that division;	93331

(ii) Amend a resolution previously adopted under division	93332
(A)(1) of this section to increase the rate of the tax by not more	93333
than an additional two per cent and use the revenue from the	93334
increase exclusively for that purpose.	93335

(c) If a board of county commissioners amends a resolution to	93336
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	93337
of this section, the board also may amend the resolution to	93338
specify that the increase in rate of the tax does not apply to	93339
"hotels," as otherwise defined in section 5739.01 of the Revised	93340
Code, having fewer rooms used for the accommodation of guests than	93341
a number of rooms specified by the board.	93342

(6) A board of county commissioners of a county organized	93343
under a county charter adopted pursuant to Article X, Section 3,	93344
Ohio Constitution, and that levies an excise tax under division	93345
(A)(1) of this section at a rate of three per cent and levies an	93346
additional excise tax under division (E) of this section at a rate	93347
of one and one-half per cent may, by resolution adopted not later	93348
than January 1, 2008, by a majority of the members of the board,	93349
amend the resolution levying a tax under division (A)(1) of this	93350
section to provide for an increase in the rate of that tax by not	93351
more than an additional one per cent on transactions by which	93352
lodging by a hotel is or is to be furnished to transient guests.	93353
Notwithstanding divisions (A)(1) and (E) of this section, the	93354
resolution shall provide that all of the revenue from the increase	93355
in rate, after deducting the real and actual costs of	93356
administering the tax, shall be used to pay the costs of	93357
improving, expanding, equipping, financing, or operating a	93358
convention center by a convention and visitors' bureau in the	93359
county. The increase in rate shall remain in effect for the	93360
period specified in the resolution, not to exceed ten years. The	93361
increase in rate shall be subject to the regulations adopted	93362
under division (A)(1) of this section, except that the	93363
resolution may provide that no portion of the revenue from the	93364
increase in the rate shall be returned to townships or municipal	93365
corporations as would otherwise be required under that division.	93366

(7) Division (A)(7) of this section applies only to a county	93367
with a population greater than sixty-five thousand and less than	93368
seventy thousand according to the most recent federal decennial	93369
census and in which, on December 31, 2006, an excise tax is levied	93370
under division (A)(1) of this section at a rate not less than and	93371
not greater than three per cent, and in which the most recent	93372
increase in the rate of that tax was enacted or took effect in	93373
November 1984.	93374

The board of county commissioners of a county to which this	93375
division applies, by resolution adopted by a majority of the	93376
members of the board, may increase the rate of the tax by not more	93377
than one per cent on transactions by which lodging by a hotel is	93378
or is to be furnished to transient guests. The increase in rate	93379
shall be for the purpose of paying expenses deemed necessary by	93380
the convention and visitors' bureau operating in the county to	93381
promote travel and tourism. The increase in rate shall remain in	93382
effect for the period specified in the resolution, not to exceed	93383
twenty years, provided that the increase in rate may not continue	93384
beyond the time when the purpose for which the increase is levied	93385
ceases to exist. If revenue from the increase in rate is pledged	93386
to the payment of debt charges on securities, the increase in rate	93387
is not subject to diminution by initiative or referendum or by law	93388
for so long as the securities are outstanding, unless provision is	93389
made by law or by the board of county commissioners for an	93390
adequate substitute for that revenue that is satisfactory to the	93391
trustee if a trust agreement secures payment of the debt charges.	93392
The increase in rate shall be subject to the regulations adopted	93393
under division (A)(1) of this section, except that the resolution	93394
may provide that no portion of the revenue from the increase in	93395
the rate shall be returned to townships or municipal corporations	93396
as would otherwise be required under division (A)(1) of this	93397
section. A resolution adopted under division (A)(7) of this	93398
section is subject to referendum under sections 305.31 to 305.99	93399
of the Revised Code.	93400

(B)(1) The legislative authority of a municipal corporation	93401
or the board of trustees of a township that is not wholly or	93402
partly located in a county that has in effect a resolution levying	93403
an excise tax pursuant to division (A)(1) of this section may, by	93404
ordinance or resolution, levy an excise tax not to exceed three	93405
per cent on transactions by which lodging by a hotel is or is to	93406
be furnished to transient guests. The legislative authority of the	93407
municipal corporation or the board of trustees of the township	93408
shall deposit at least fifty per cent of the revenue from the tax	93409
levied pursuant to this division into a separate fund, which shall	93410
be spent solely to make contributions to convention and visitors'	93411
bureaus operating within the county in which the municipal	93412
corporation or township is wholly or partly located, and the	93413
balance of that revenue shall be deposited in the general fund.	93414
The municipal corporation or township shall establish all	93415
regulations necessary to provide for the administration and	93416
allocation of the tax. The regulations may prescribe the time for	93417
payment of the tax, and may provide for the imposition of a	93418
penalty or interest, or both, for late payments, provided that the	93419
penalty does not exceed ten per cent of the amount of tax due, and	93420
the rate at which interest accrues does not exceed the rate per	93421
annum prescribed pursuant to section 5703.47 of the Revised Code.	93422
The levy of a tax under this division is in addition to any tax	93423
imposed on the same transaction by a municipal corporation or a	93424
township as authorized by division (A) of section 5739.08 of the	93425
Revised Code.	93426

(2)(a) The legislative authority of the most populous	93427
municipal corporation located wholly or partly in a county in	93428
which the board of county commissioners has levied a tax under	93429
division (A)(4) of this section may amend, on or before September	93430
30, 2002, that municipal corporation's ordinance or resolution	93431
that levies an excise tax on transactions by which lodging by a	93432
hotel is or is to be furnished to transient guests, to provide for	93433
all of the following:	93434

(i) That the rate of the tax shall be increased by not more	93435
than an additional one per cent on each transaction;	93436

(ii) That all of the revenue from the increase in rate shall	93437
be pledged and contributed to a convention facilities authority	93438
established by the board of county commissioners under Chapter	93439
351. of the Revised Code on or before May 15, 2002, and be used	93440
to pay costs of constructing, expanding, maintaining, operating,	93441
or promoting a convention center in the county, including paying	93442
bonds, or notes issued in anticipation of bonds, as provided by	93443
that chapter;	93444

(iii) That the increase in rate shall not be subject to	93445
diminution by initiative or referendum or by law while any bonds,	93446
or notes in anticipation of bonds, issued by the authority under	93447
Chapter 351. of the Revised Code to which the revenue is pledged,	93448
remain outstanding in accordance with their terms, unless	93449
provision is made by law, by the board of county commissioners, or	93450
by the legislative authority, for an adequate substitute therefor	93451
that is satisfactory to the trustee if a trust agreement secures	93452
the bonds.	93453

(b) The legislative authority of a municipal corporation	93454
that, pursuant to division (B)(2)(a) of this section, has amended	93455
its ordinance or resolution to increase the rate of the tax	93456
authorized by division (B)(1) of this section may further amend	93457
the ordinance or resolution to provide that the revenue referred	93458
to in division (B)(2)(a)(ii) of this section shall be pledged and	93459
contributed both to a convention facilities authority to pay the	93460
costs of constructing, expanding, maintaining, or operating one or	93461
more convention centers in the county, including paying bonds, or	93462
notes issued in anticipation of bonds, as provided in Chapter 351.	93463
of the Revised Code, and to a convention and visitors' bureau to	93464
pay the costs of promoting one or more convention centers in the	93465
county.	93466

As used in division (B)(2) of this section, "cost" has the	93467
same meaning as in section 351.01 of the Revised Code, and	93468
"convention center" has the same meaning as in section 307.695 of	93469
the Revised Code.	93470

(C) For the purposes described in section 307.695 of the	93471
Revised Code and to cover the costs of administering the tax, a	93472
board of county commissioners of a county where a tax imposed	93473
under division (A)(1) of this section is in effect may, by	93474
resolution adopted within ninety days after July 15, 1985, by a	93475
majority of the members of the board, levy an additional excise	93476
tax not to exceed three per cent on transactions by which lodging	93477
by a hotel is or is to be furnished to transient guests. The tax	93478
authorized by this division shall be in addition to any tax that	93479
is levied pursuant to division (A) of this section, but it shall	93480
not apply to transactions subject to a tax levied by a municipal	93481
corporation or township pursuant to the authorization granted by	93482
division (A) of section 5739.08 of the Revised Code. The board	93483
shall establish all regulations necessary to provide for the	93484
administration and allocation of the tax. The regulations may	93485
prescribe the time for payment of the tax, and may provide for the	93486
imposition of a penalty or interest, or both, for late payments,	93487
provided that the penalty does not exceed ten per cent of the	93488
amount of tax due, and the rate at which interest accrues does not	93489
exceed the rate per annum prescribed pursuant to section 5703.47	93490
of the Revised Code. All revenues arising from the tax shall be	93491
expended in accordance with section 307.695 of the Revised Code.	93492
The board of county commissioners of an eligible county as defined	93493
in section 307.695 of the Revised Code may, by resolution adopted	93494
by a majority of the members of the board, amend the resolution	93495
levying a tax under this division to provide that the revenue from	93496
the tax shall be used by the board as described in division (H) of	93497
section 307.695 of the Revised Code. A tax imposed under this	93498
division shall remain in effect at the rate at which it is imposed	93499
for the duration of the period during which any agreement entered	93500
into by the board under section 307.695 of the Revised Code is in	93501
effect, the duration of the period during which any securities	93502
issued by the board under division (I) of section 307.695 of the	93503
Revised Code are outstanding, or the duration of the period during	93504
which the board owns a project as defined in section 307.695 of	93505
the Revised Code, whichever duration is longest.	93506

(D) For the purpose of providing contributions under division	93507
(B)(1) of section 307.671 of the Revised Code to enable the	93508
acquisition, construction, and equipping of a port authority	93509
educational and cultural facility in the county and, to the extent	93510
provided for in the cooperative agreement authorized by that	93511
section, for the purpose of paying debt service charges on bonds,	93512
or notes in anticipation of bonds, described in division (B)(1)(b)	93513
of that section, a board of county commissioners, by resolution	93514
adopted within ninety days after December 22, 1992, by a majority	93515
of the members of the board, may levy an additional excise tax not	93516
to exceed one and one-half per cent on transactions by which	93517
lodging by a hotel is or is to be furnished to transient guests.	93518
The excise tax authorized by this division shall be in addition to	93519
any tax that is levied pursuant to divisions (A), (B), and (C) of	93520
this section, to any excise tax levied pursuant to section 5739.08	93521
of the Revised Code, and to any excise tax levied pursuant to	93522
section 351.021 of the Revised Code. The board of county	93523
commissioners shall establish all regulations necessary to provide	93524
for the administration and allocation of the tax that are not	93525
inconsistent with this section or section 307.671 of the Revised	93526
Code. The regulations may prescribe the time for payment of the	93527
tax, and may provide for the imposition of a penalty or interest,	93528
or both, for late payments, provided that the penalty does not	93529
exceed ten per cent of the amount of tax due, and the rate at	93530
which interest accrues does not exceed the rate per annum	93531
prescribed pursuant to section 5703.47 of the Revised Code. All	93532
revenues arising from the tax shall be expended in accordance with	93533
section 307.671 of the Revised Code and division (D) of this	93534
section. The levy of a tax imposed under this division may not	93535
commence prior to the first day of the month next following the	93536
execution of the cooperative agreement authorized by section	93537
307.671 of the Revised Code by all parties to that agreement. The	93538
tax shall remain in effect at the rate at which it is imposed for	93539
the period of time described in division (C) of section 307.671 of	93540
the Revised Code for which the revenue from the tax has been	93541
pledged by the county to the corporation pursuant to that section,	93542
but, to any extent provided for in the cooperative agreement, for	93543
no lesser period than the period of time required for payment of	93544
the debt service charges on bonds, or notes in anticipation of	93545
bonds, described in division (B)(1)(b) of that section.	93546

(E) For the purpose of paying the costs of acquiring,	93547
constructing, equipping, and improving a municipal educational and	93548
cultural facility, including debt service charges on bonds	93549
provided for in division (B) of section 307.672 of the Revised	93550
Code, and for any additional purposes determined by the county in	93551
the resolution levying the tax or amendments to the resolution,	93552
including subsequent amendments providing for paying costs of	93553
acquiring, constructing, renovating, rehabilitating, equipping,	93554
and improving a port authority educational and cultural performing	93555
arts facility, as defined in section 307.674 of the Revised Code,	93556
and including debt service charges on bonds provided for in	93557
division (B) of section 307.674 of the Revised Code, the	93558
legislative authority of a county, by resolution adopted within	93559
ninety days after June 30, 1993, by a majority of the members of	93560
the legislative authority, may levy an additional excise tax not	93561
to exceed one and one-half per cent on transactions by which	93562
lodging by a hotel is or is to be furnished to transient guests.	93563
The excise tax authorized by this division shall be in addition to	93564
any tax that is levied pursuant to divisions (A), (B), (C), and	93565
(D) of this section, to any excise tax levied pursuant to section	93566
5739.08 of the Revised Code, and to any excise tax levied pursuant	93567
to section 351.021 of the Revised Code. The legislative authority	93568
of the county shall establish all regulations necessary to provide	93569
for the administration and allocation of the tax. The regulations	93570
may prescribe the time for payment of the tax, and may provide for	93571
the imposition of a penalty or interest, or both, for late	93572
payments, provided that the penalty does not exceed ten per cent	93573
of the amount of tax due, and the rate at which interest accrues	93574
does not exceed the rate per annum prescribed pursuant to section	93575
5703.47 of the Revised Code. All revenues arising from the tax	93576
shall be expended in accordance with section 307.672 of the	93577
Revised Code and this division. The levy of a tax imposed under	93578
this division shall not commence prior to the first day of the	93579
month next following the execution of the cooperative agreement	93580
authorized by section 307.672 of the Revised Code by all parties	93581
to that agreement. The tax shall remain in effect at the rate at	93582
which it is imposed for the period of time determined by the	93583
legislative authority of the county. That period of time shall	93584
not exceed fifteen years, except that the legislative authority	93585
of a county with a population of less than two hundred fifty	93586
thousand according to the most recent federal decennial census,	93587
by resolution adopted by a majority of its members before the	93588
original tax expires, may extend the duration of the tax for an	93589
additional period of time. The additional period of time by which	93590
a legislative authority extends a tax levied under this division	93591
shall not exceed fifteen years.	93592

(F) The legislative authority of a county that has levied a	93593
tax under division (E) of this section may, by resolution adopted	93594
within one hundred eighty days after January 4, 2001, by a	93595
majority of the members of the legislative authority, amend the	93596
resolution levying a tax under that division to provide for the	93597
use of the proceeds of that tax, to the extent that it is no	93598
longer needed for its original purpose as determined by the	93599
parties to a cooperative agreement amendment pursuant to division	93600
(D) of section 307.672 of the Revised Code, to pay costs of	93601
acquiring, constructing, renovating, rehabilitating, equipping,	93602
and improving a port authority educational and cultural performing	93603
arts facility, including debt service charges on bonds provided	93604
for in division (B) of section 307.674 of the Revised Code, and to	93605
pay all obligations under any guaranty agreements, reimbursement	93606
agreements, or other credit enhancement agreements described in	93607
division (C) of section 307.674 of the Revised Code. The	93608
resolution may also provide for the extension of the tax at the	93609
same rate for the longer of the period of time determined by the	93610
legislative authority of the county, but not to exceed an	93611
additional twenty-five years, or the period of time required to	93612
pay all debt service charges on bonds provided for in division (B)	93613
of section 307.672 of the Revised Code and on port authority	93614
revenue bonds provided for in division (B) of section 307.674 of	93615
the Revised Code. All revenues arising from the amendment and	93616
extension of the tax shall be expended in accordance with section	93617
307.674 of the Revised Code, this division, and division (E) of	93618
this section.	93619

(G) For purposes of a tax levied by a county, township, or	93620
municipal corporation under this section or section 5739.08 of the	93621
Revised Code, a board of county commissioners, board of township	93622
trustees, or the legislative authority of a municipal corporation	93623
may adopt a resolution or ordinance at any time specifying that	93624
"hotel," as otherwise defined in section 5739.01 of the Revised	93625
Code, includes ~~establishments~~the following:	93626

(1) Establishments in which fewer than five rooms are used	93627
for the accommodation of guests. ~~The~~	93628

(2) Establishments at which rooms are used for the	93629
accommodation of guests regardless of whether each room is	93630
accessible through its own keyed entry or several rooms are	93631
accessible through the same keyed entry; and, in determining the	93632
number of rooms, all rooms are included regardless of the number	93633
of structures in which the rooms are situated or the number of	93634
parcels of land on which the structures are located if the	93635
structures are under the same ownership and the structures are not	93636
identified in advertisements of the accommodations as distinct	93637
establishments. For the purposes of division (G)(2) of this	93638
section, two or more structures are under the same ownership if	93639
they are owned by the same person, or if they are owned by two or	93640
more persons the majority of the ownership interests of which are	93641
owned by the same person.	93642

The resolution or ordinance may apply to a tax imposed	93643
pursuant to this section prior to the adoption of the resolution	93644
or ordinance if the resolution or ordinance so states, but the tax	93645
shall not apply to transactions by which lodging by such an	93646
establishment is provided to transient guests prior to the	93647
adoption of the resolution or ordinance.	93648

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

93649

(a) "Convention facilities authority" has the same meaning as	93650
in section 351.01 of the Revised Code.	93651

(b) "Convention center" has the same meaning as in section	93652
307.695 of the Revised Code.	93653

(2) Notwithstanding any contrary provision of division (D) of	93654
this section, the legislative authority of a county with a	93655
population of one million or more according to the most recent	93656
federal decennial census that has levied a tax under division (D)	93657
of this section may, by resolution adopted by a majority of the	93658
members of the legislative authority, provide for the extension of	93659
such levy and may provide that the proceeds of that tax, to the	93660
extent that they are no longer needed for their original purpose	93661
as defined by a cooperative agreement entered into under section	93662
307.671 of the Revised Code, shall be deposited into the county	93663
general revenue fund. The resolution shall provide for the	93664
extension of the tax at a rate not to exceed the rate specified in	93665
division (D) of this section for a period of time determined by	93666
the legislative authority of the county, but not to exceed an	93667
additional forty years.	93668

(3) The legislative authority of a county with a population	93669
of one million or more that has levied a tax under division (A)(1)	93670
of this section may, by resolution adopted by a majority of the	93671
members of the legislative authority, increase the rate of the tax	93672
levied by such county under division (A)(1) of this section to a	93673
rate not to exceed five per cent on transactions by which lodging	93674
by a hotel is or is to be furnished to transient guests.	93675
Notwithstanding any contrary provision of division (A)(1) of this	93676
section, the resolution may provide that all collections resulting	93677
from the rate levied in excess of three per cent, after deducting	93678
the real and actual costs of administering the tax, shall be	93679
deposited in the county general fund.	93680

(4) The legislative authority of a county with a population	93681
of one million or more that has levied a tax under division (A)(1)	93682
of this section may, by resolution adopted on or before August 30,	93683
2004, by a majority of the members of the legislative authority,	93684
provide that all or a portion of the proceeds of the tax levied	93685
under division (A)(1) of this section, after deducting the real	93686
and actual costs of administering the tax and the amounts required	93687
to be returned to townships and municipal corporations with	93688
respect to the first three per cent levied under division (A)(1)	93689
of this section, shall be deposited in the county general fund,	93690
provided that such proceeds shall be used to satisfy any pledges	93691
made in connection with an agreement entered into under section	93692
307.695 of the Revised Code.	93693

(5) No amount collected from a tax levied, extended, or	93694
required to be deposited in the county general fund under division	93695
(H) of this section shall be contributed to a convention	93696
facilities authority, corporation, or other entity created after	93697
July 1, 2003, for the principal purpose of constructing,	93698
improving, expanding, equipping, financing, or operating a	93699
convention center unless the mayor of the municipal corporation	93700
in which the convention center is to be operated by that	93701
convention facilities authority, corporation, or other entity	93702
has consented to the creation of that convention facilities	93703
authority, corporation, or entity. Notwithstanding any contrary	93704
provision of section 351.04 of the Revised Code, if a tax is	93705
levied by a county under division (H) of this section, the board	93706
of county commissioners of that county may determine the manner	93707
of selection, the qualifications, the number, and terms of	93708
office of the members of the board of directors of any convention	93709
facilities authority, corporation, or other entity described in	93710
division (H)(5) of this section.	93711

(6)(a) No amount collected from a tax levied, extended, or	93712
required to be deposited in the county general fund under division	93713
(H) of this section may be used for any purpose other than paying	93714
the direct and indirect costs of constructing, improving,	93715
expanding, equipping, financing, or operating a convention center	93716
and for the real and actual costs of administering the tax,	93717
unless, prior to the adoption of the resolution of the	93718
legislative authority of the county authorizing the levy,	93719
extension, increase, or deposit, the county and the mayor of the	93720
most populous municipal corporation in that county have entered	93721
into an agreement as to the use of such amounts, provided that	93722
such agreement has been approved by a majority of the mayors of	93723
the other municipal corporations in that county. The agreement	93724
shall provide that the amounts to be used for purposes other	93725
than paying the convention center or administrative costs	93726
described in division (H)(6)(a) of this section be used only for	93727
the direct and indirect costs of capital improvements, including	93728
the financing of capital improvements.	93729

(b) If the county in which the tax is levied has an	93730
association of mayors and city managers, the approval of that	93731
association of an agreement described in division (H)(6)(a) of	93732
this section shall be considered to be the approval of the	93733
majority of the mayors of the other municipal corporations for	93734
purposes of that division.	93735

(7) Each year, the auditor of state shall conduct an audit of	93736
the uses of any amounts collected from taxes levied, extended, or	93737
deposited under division (H) of this section and shall prepare a	93738
report of the auditor of state's findings. The auditor of state	93739
shall submit the report to the legislative authority of the county	93740
that has levied, extended, or deposited the tax, the speaker of	93741
the house of representatives, the president of the senate, and the	93742
leaders of the minority parties of the house of representatives	93743
and the senate.	93744

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

93745

(a) "Convention facilities authority" has the same meaning as	93746
in section 351.01 of the Revised Code.	93747

(b) "Convention center" has the same meaning as in section	93748
307.695 of the Revised Code.	93749

(2) Notwithstanding any contrary provision of division (D) of	93750
this section, the legislative authority of a county with a	93751
population of one million two hundred thousand or more according	93752
to the most recent federal decennial census or the most recent	93753
annual population estimate published or released by the United	93754
States census bureau at the time the resolution is adopted placing	93755
the levy on the ballot, that has levied a tax under division (D)	93756
of this section may, by resolution adopted by a majority of the	93757
members of the legislative authority, provide for the extension of	93758
such levy and may provide that the proceeds of that tax, to the	93759
extent that the proceeds are no longer needed for their original	93760
purpose as defined by a cooperative agreement entered into under	93761
section 307.671 of the Revised Code and after deducting the real	93762
and actual costs of administering the tax, shall be used for	93763
paying the direct and indirect costs of constructing, improving,	93764
expanding, equipping, financing, or operating a convention center.	93765
The resolution shall provide for the extension of the tax at a	93766
rate not to exceed the rate specified in division (D) of this	93767
section for a period of time determined by the legislative	93768
authority of the county, but not to exceed an additional forty	93769
years.	93770

(3) The legislative authority of a county with a population	93771
of one million two hundred thousand or more that has levied a tax	93772
under division (A)(1) of this section may, by resolution adopted	93773
by a majority of the members of the legislative authority,	93774
increase the rate of the tax levied by such county under division	93775
(A)(1) of this section to a rate not to exceed five per cent on	93776
transactions by which lodging by a hotel is or is to be furnished	93777
to transient guests. Notwithstanding any contrary provision of	93778
division (A)(1) of this section, the resolution shall provide that	93779
all collections resulting from the rate levied in excess of three	93780
per cent, after deducting the real and actual costs of	93781
administering the tax, shall be used for paying the direct and	93782
indirect costs of constructing, improving, expanding, equipping,	93783
financing, or operating a convention center.	93784

(4) The legislative authority of a county with a population	93785
of one million two hundred thousand or more that has levied a tax	93786
under division (A)(1) of this section may, by resolution adopted	93787
on or before July 1, 2008, by a majority of the members of the	93788
legislative authority, provide that all or a portion of the	93789
proceeds of the tax levied under division (A)(1) of this section,	93790
after deducting the real and actual costs of administering the tax	93791
and the amounts required to be returned to townships and municipal	93792
corporations with respect to the first three per cent levied under	93793
division (A)(1) of this section, shall be used to satisfy any	93794
pledges made in connection with an agreement entered into under	93795
section 307.695 of the Revised Code or shall otherwise be used for	93796
paying the direct and indirect costs of constructing, improving,	93797
expanding, equipping, financing, or operating a convention center.	93798

(5) Any amount collected from a tax levied or extended under	93799
division (I) of this section may be contributed to a convention	93800
facilities authority created before July 1, 2005, but no amount	93801
collected from a tax levied or extended under division (I) of this	93802
section may be contributed to a convention facilities authority,	93803
corporation, or other entity created after July 1, 2005, unless	93804
the mayor of the municipal corporation in which the convention	93805
center is to be operated by that convention facilities authority,	93806
corporation, or other entity has consented to the creation of that	93807
convention facilities authority, corporation, or entity.	93808

Sec. 5739.131. Any nonresident of this state who accepts the	93809
privilege extended by the laws of this state to nonresidents of	93810
engaging in the business of selling in this state, as defined in	93811
section 5741.01 of the Revised Code, and any resident of this	93812
state who is required by sections 5739.17 and 5739.31 of the	93813
Revised Code to have a vendor's license and subsequently becomes a	93814
nonresident or conceals ~~his~~the person's whereabouts, makes the	93815
secretary of state ~~his~~the person's agent for the service of	93816
process or notice in any assessment, action, or proceedings	93817
instituted in this state against such person under sections	93818
5739.01 to 5739.31 and 5741.01 to 5741.22 of the Revised Code.	93819

Such process or notice shall be served~~, by the officer to~~	93820
~~whom the same is directed or by the tax commissioner, or by the~~	93821
~~sheriff of Franklin county, who may be deputized for such purpose~~	93822
~~by the officer to whom the service is directed, upon the secretary~~	93823
~~of state by leaving at the office of the secretary of state, at~~	93824
~~least fifteen days before the return day of such process or~~	93825
~~notice, a true and attested copy thereof, and by sending to the~~	93826
~~defendant by certified mail, postage prepaid, a like and true~~	93827
~~attested copy, with an endorsement thereon of the service upon the~~	93828
~~secretary of state, addressed to such defendant at his last known~~	93829
~~address~~as provided under section 5703.37 of the Revised Code.	93830

Sec. 5743.15. (A) NoExcept as otherwise provided in this	93831
division, no person shall engage in this state in the wholesale	93832
or retail business of trafficking in cigarettes or in the	93833
business of a manufacturer or importer of cigarettes without	93834
having a license to conduct each such activity issued by a county	93835
auditor under division (B) of this section or the tax	93836
commissioner under ~~division (E)~~divisions (C) and (F) of this	93837
section~~, except that on~~. On dissolution of a partnership by	93838
death, the surviving partner may operate under the license of the	93839
partnership until expiration of the license, and the heirs or	93840
legal representatives of deceased persons, and receivers and	93841
trustees in bankruptcy appointed by any competent authority, may	93842
operate under the license of the person succeeded in possession	93843
by such heir, representative, receiver, or trustee in bankruptcy	93844
if the partner or successor notifies the auditor or commissioner	93845
of the dissolution or succession within thirty days after the	93846
dissolution or succession.	93847

(B)(1) Each applicant for a license to engage in the	93848
~~wholesale or~~ retail business of trafficking in cigarettes under	93849
this section, annually, on or before the fourth Monday of May,	93850
shall make and deliver to the county auditor of the county in	93851
which the applicant desires to engage in the ~~wholesale or~~ retail	93852
business of trafficking in cigarettes, upon a blank form	93853
furnished by such auditor for that purpose, a statement showing	93854
the name of the applicant, each physical place in the county	93855
where the applicant's business is conducted, the nature of the	93856
business, and any other information the tax commissioner requires	93857
in the form of statement prescribed by the commissioner. If the	93858
applicant is a firm, partnership, or association other than a	93859
corporation, the application shall state the name and address of	93860
each of its members. If the applicant is a corporation, the	93861
application shall state the name and address of each of its	93862
officers. At the time of making the application required by this	93863
section, every person ~~desiring to engage in the wholesale~~	93864
~~business of trafficking in cigarettes shall pay into the county~~	93865
~~treasury a license tax in the sum of two hundred dollars, or if~~	93866
desiring to engage in the retail business of trafficking in	93867
cigarettes~~, a license tax~~shall pay an application fee in the sum	93868
of ~~thirty~~one hundred twenty-five dollars for each ~~of the first~~	93869
~~five places~~physical place where the person proposes to carry on	93870
such business ~~and twenty-five dollars for each additional place~~.	93871
Each place of business shall be deemed such space, under lease or	93872
license to, or under the control of, or under the supervision of	93873
the applicant, as is contained in one or more contiguous,	93874
adjacent, or adjoining buildings constituting an industrial plant	93875
or a place of business operated by, or under the control of, one	93876
person, or under one roof and connected by doors, halls,	93877
stairways, or elevators, which space may contain any number of	93878
points at which cigarettes are offered for sale, provided that	93879
each additional point at which cigarettes are offered for sale	93880
shall be listed in the application.	93881

(2) Upon receipt of the application and exhibition of the	93882
county treasurer's receipt showing the payment of the ~~tax~~	93883
application fee, the county auditor shall issue to the applicant	93884
a license for each place of business designated in the	93885
application, authorizing the applicant to engage in such business	93886
at such place for one year commencing on the fourth Monday of	93887
May. ~~Companies operating club or dining cars or other cars upon~~	93888
~~which cigarettes are sold shall obtain licenses at railroad~~	93889
~~terminals within the state, under such rules as are prescribed by~~	93890
~~the commissioner.~~ The form of the license shall be prescribed by	93891
the commissioner. A duplicate license may be obtained from the	93892
county auditor upon payment of a ~~fifty cent~~five-dollar fee if	93893
the original license is lost, destroyed, or defaced. When an	93894
application is filed after the fourth Monday of May, the ~~license~~	93895
~~tax~~application fee required to be paid shall be proportioned in	93896
amount to the remainder of the license year, except that it shall	93897
not be less than ~~one fifth of the whole amount~~twenty-five	93898
dollars in any one year.	93899

(3) The holder of a ~~wholesale or~~ retail dealer's cigarette	93900
license may transfer the license to a place of business within the	93901
same county other than that designated on the license ~~or may~~	93902
~~assign the license to another person for use in the same county~~ on	93903
condition that the ~~licensee or assignee, whichever is applicable,~~	93904
~~make application~~licensee's ownership interest and business	93905
structure remain unchanged, and that the license applies to the	93906
county auditor therefor, upon forms approved by the commissioner	93907
and the payment of a fee of ~~one dollar~~five dollars into the	93908
county treasury.	93909

(C)(1) Each applicant for a license to engage in the	93910
wholesale business of trafficking in cigarettes under this	93911
section, annually, on or before the fourth Monday in May, shall	93912
make and deliver to the tax commissioner, upon a blank form	93913
furnished by the commissioner for that purpose, a statement	93914
showing the name of the applicant, physical street address where	93915
the applicant's business is conducted, the nature of the business,	93916
and any other information required by the commissioner. If the	93917
applicant is a firm, partnership, or association other than a	93918
corporation, the applicant shall state the name and address of	93919
each of its members. If the applicant is a corporation, the	93920
applicant shall state the name and address of each of its	93921
officers. At the time of making the application required by this	93922
section, every person desiring to engage in the wholesale business	93923
of trafficking in cigarettes shall pay an application fee of one	93924
thousand dollars for each physical place where the person proposes	93925
to carry on such business. Each place of business shall be deemed	93926
such space, under lease or license to, or under the control of, or	93927
under the supervision of the applicant, as is contained in one or	93928
more contiguous, adjacent, or adjoining buildings constituting an	93929
industrial plant or a place of business operated by, or under the	93930
control of, one person, or under one roof and connected by doors,	93931
halls, stairways, or elevators. A duplicate license may be	93932
obtained from the commissioner upon payment of a	93933
twenty-five-dollar fee if the original license is lost, destroyed,	93934
or defaced.	93935

(2) Upon receipt of the application and payment of any	93936
application fee required by this section, the commissioner shall	93937
verify that the applicant is in good standing under Chapter 1346.	93938
and Title LVII of the Revised Code. Upon approval, the	93939
commissioner shall issue to the applicant a license for each	93940
physical place of business designated in the application	93941
authorizing the applicant to engage in business at that location	93942
for one year commencing on the fourth Monday in May. For licenses	93943
issued after the fourth Monday in May, the application fee shall	93944
be reduced proportionately by the remainder of the twelve-month	93945
period for which the license is issued, except that the	93946
application fee required to be paid under this section shall be	93947
not less than two hundred dollars in any one year.	93948

(3) The holder of a wholesale dealer cigarette license may	93949
transfer the license to a place of business other than that	93950
designated on the license on condition that the licensee's	93951
ownership or business structure remains unchanged, and that the	93952
licensee applies to the commissioner for such a transfer upon a	93953
form promulgated by the commissioner and pays a fee of twenty-five	93954
dollars, which shall be deposited into the cigarette tax	93955
enforcement fund created in division (E) of this section.	93956

(D)(1) The wholesale cigarette license ~~tax revenue~~	93957
application fees collected under this section shall be	93958
~~distributed as follows:~~	93959

~~(a) Thirty-seven and one-half per cent shall be paid upon the~~	93960
~~warrant of the county auditor into the treasury of the municipal~~	93961
~~corporation or township in which the place of business for which~~	93962
~~the tax revenue was received is located;~~	93963

~~(b) Fifteen per cent shall be credited to the general fund of~~	93964
~~the county;~~	93965

~~(c) Forty-seven and one-half per cent shall be~~ paid into the	93966
cigarette tax enforcement fund ~~created by division (C) of this~~	93967
~~section~~.	93968

(2) The ~~revenue~~retail cigarette license application fees	93969
collected ~~from the thirty dollar tax imposed upon the first five~~	93970
~~places of business of a person engaged in the retail business of~~	93971
~~trafficking in cigarettes~~under this section shall be distributed	93972
as follows:	93973

(a) ~~Sixty-two and one-half~~Thirty per cent shall be paid upon	93974
the warrant of the county auditor into the treasury of the	93975
municipal corporation or township in which the places of business	93976
for which the tax revenue was received are located;	93977

(b) ~~Twenty-two and one-half~~Ten per cent shall be credited to	93978
the general fund of the county;	93979

(c) ~~Fifteen~~Sixty per cent shall be paid into the cigarette	93980
tax enforcement fund ~~created by division (C) of this section~~.	93981

(3) The remainder of the revenues and fines collected under	93982
this section and the penal laws relating to cigarettes shall be	93983
distributed as follows:	93984

(a) Three-fourths shall be paid upon the warrant of the	93985
county auditor into the treasury of the municipal corporation or	93986
township in which the place of business, on account of which the	93987
revenues and fines were received, is located;	93988

(b) One-fourth shall be credited to the general fund of the	93989
county.	93990

~~(D)~~(E) There is hereby created within the state treasury the	93991
cigarette tax enforcement fund for the purpose of providing funds	93992
to assist in paying the costs of enforcing sections 1333.11 to	93993
1333.21 and Chapter 5743. of the Revised Code.	93994

The portion of cigarette license ~~tax revenues~~application	93995
fees received by a county auditor during the annual application	93996
period that ends ~~before~~on the fourth Monday in May ~~which~~and that	93997
is required to be deposited in the cigarette tax enforcement fund	93998
shall be sent to the treasurer of state by the thirtieth day of	93999
June each year accompanied by the form prescribed by the tax	94000
commissioner. The portion of cigarette license ~~tax money~~	94001
application fees received by each county auditor after the fourth	94002
Monday in May ~~which~~and that is required to be deposited in the	94003
cigarette tax enforcement fund shall be sent to the treasurer of	94004
state by the ~~thirty-first day of December~~last day of the month	94005
following the month in which such fees were collected.	94006

~~(E)~~(F)(1) Every person who desires to engage in the business	94007
of a manufacturer or importer of cigarettes shall, annually, on	94008
or before the fourth Monday of May, make and deliver to the tax	94009
commissioner, upon a blank form furnished by the commissioner for	94010
that purpose, a statement showing the name of the applicant, the	94011
nature of the applicant's business, and any other information	94012
required by the commissioner. If the applicant is a firm,	94013
partnership, or association other than a corporation, the	94014
applicant shall state the name and address of each of its	94015
members. If the applicant is a corporation, the applicant shall	94016
state the name and address of each of its officers.	94017

(2) Upon receipt of the application and payment of the fee	94018
required under this section, the commissioner shall verify that	94019
the applicant is in good standing under Chapter 1346. and Title	94020
LVII of the Revised Code. Upon approval, the commissioner shall	94021
issue to the applicant a license authorizing the applicant to	94022
engage in the business of manufacturer or importer, whichever the	94023
case may be, for one year commencing on the fourth Monday of May.	94024

~~(2)~~(3) The issuing of a license under division ~~(E)~~(F)(1) of	94025
this section to a manufacturer does not excuse a manufacturer	94026
from the certification process required under section 1346.05 of	94027
the Revised Code. A manufacturer who is issued a license under	94028
division ~~(E)~~(F)(1) of this section and who is not listed on the	94029
directory required under section 1346.05 of the Revised Code shall	94030
not be permitted to sell cigarettes in this state other than to a	94031
licensed cigarette wholesaler for sale outside this state. Such a	94032
manufacturer shall provide documentation to the commissioner	94033
evidencing that the cigarettes are legal for sale in another	94034
state.	94035

~~(3)~~(G) The tax commissioner may adopt rules necessary to	94036
administer ~~division (E) of~~ this section.	94037

Sec. 5743.61. (A) NoExcept as otherwise provided in this	94038
division, no distributor shall engage in the business of	94039
distributing tobacco products within this state without having a	94040
license issued by the department of taxation to engage in that	94041
business~~, except that on~~. On the dissolution of a partnership by	94042
death, the surviving partner may operate under the license of the	94043
partnership until the expiration of the license, and the heirs or	94044
legal representatives of deceased persons, and receivers and	94045
trustees in bankruptcy appointed by any competent authority, may	94046
operate under the license of the person succeeded in possession by	94047
the heir, representative, receiver, or trustee in bankruptcy if	94048
the partner or successor notifies the department of taxation of	94049
the dissolution or succession within thirty days after the	94050
dissolution or succession.	94051

(B)(1) Each applicant for a license to engage in the business	94052
of distributing tobacco products, annually, on or before the first	94053
day of February, shall make and deliver to the tax commissioner,	94054
upon a form furnished by the commissioner for that purpose, a	94055
statement showing the name of the applicant, each physical place	94056
from which the applicant distributes to distributors, retail	94057
dealers, or wholesale dealers, and any other information the	94058
commissioner considers necessary for the administration of	94059
sections 5743.51 to 5743.66 of the Revised Code.	94060

(2) At the time of making the license application, the	94061
applicant shall pay ~~a license~~an application fee of one ~~hundred~~	94062
thousand dollars for each place listed inon the application	94063
where hethe applicant proposes to carry on that business. The	94064
fee charged for the ~~license~~application shall accompany the	94065
application and shall be made payable to the treasurer of state	94066
for deposit into the cigarette tax enforcement fund.	94067

(3) Upon receipt of the application and payment of any	94068
licensing fee required by this section, the commissioner shall	94069
issue to the applicant a license for each place of distribution	94070
designated in the application authorizing the applicant to engage	94071
in business at that location for one year commencing on the first	94072
day of February. For licenses issued after the first day of	94073
February, the license application fee shall be reduced	94074
proportionately by the remainder of the twelve-month period for	94075
which the license is issued, except that the application fee	94076
required to be paid under this section shall be not less than two	94077
hundred dollars. If the original license is lost, destroyed, or	94078
defaced, a duplicate license may be obtained from the	94079
commissioner upon payment of a license replacement fee of	94080
twenty-five dollars.	94081

(C) The holder of a tobacco products license may transfer the	94082
license to a place of business ~~or may assign the license to~~	94083
~~another person for use,~~ on condition that the licensee's ownership	94084
and business structure remains unchanged and the licensee or	94085
~~assignee~~ applies to the commissioner for the transfer~~, upon forms~~	94086
on a form issued by the commissioner, and pays a transfer fee of	94087
twenty-five dollars.	94088

(D) If a distributor fails to file ~~the returns~~forms as	94089
required under Chapter 1346. or section 5743.52 of the Revised	94090
Code, or pay the tax due ~~thereon, on~~for two consecutive ~~months~~	94091
periods or three ~~months~~periods during any twelve-month period,	94092
the commissioner may suspend the license issued to the distributor	94093
under this section. The suspension is effective ten days after the	94094
commissioner notifies the distributor of the suspension in	94095
writing personally or by certified mail. The commissioner shall	94096
lift the suspension when the distributor files the delinquent	94097
~~returns~~forms and pays the tax due, including any penalties,	94098
interest, and additional charges. The commissioner may refuse to	94099
issue the annual renewal of the license required by this section	94100
and may refuse to issue a new license for the same location until	94101
all delinquent ~~returns~~forms are filed and outstanding taxes are	94102
paid. This division does not apply to any unpaid or underpaid tax	94103
liability that is the subject of a ~~petititon~~petition or appeal	94104
filed pursuant to section 5743.56, 5717.02, or 5717.04 of the	94105
Revised Code.	94106

Sec. 5747.01. Except as otherwise expressly provided or	94107
clearly appearing from the context, any term used in this chapter	94108
that is not otherwise defined in this section has the same meaning	94109
as when used in a comparable context in the laws of the United	94110
States relating to federal income taxes or if not used in a	94111
comparable context in those laws, has the same meaning as in	94112
section 5733.40 of the Revised Code. Any reference in this chapter	94113
to the Internal Revenue Code includes other laws of the United	94114
States relating to federal income taxes.	94115

As used in this chapter:

94116

(A) "Adjusted gross income" or "Ohio adjusted gross income"	94117
means federal adjusted gross income, as defined and used in the	94118
Internal Revenue Code, adjusted as provided in this section:	94119

(1) Add interest or dividends on obligations or securities of	94120
any state or of any political subdivision or authority of any	94121
state, other than this state and its subdivisions and authorities.	94122

(2) Add interest or dividends on obligations of any	94123
authority, commission, instrumentality, territory, or possession	94124
of the United States to the extent that the interest or dividends	94125
are exempt from federal income taxes but not from state income	94126
taxes.	94127

(3) Deduct interest or dividends on obligations of the United	94128
States and its territories and possessions or of any authority,	94129
commission, or instrumentality of the United States to the extent	94130
that the interest or dividends are included in federal adjusted	94131
gross income but exempt from state income taxes under the laws of	94132
the United States.	94133

(4) Deduct disability and survivor's benefits to the extent	94134
included in federal adjusted gross income.	94135

(5) Deduct benefits under Title II of the Social Security Act	94136
and tier 1 railroad retirement benefits to the extent included in	94137
federal adjusted gross income under section 86 of the Internal	94138
Revenue Code.	94139

(6) In the case of a taxpayer who is a beneficiary of a trust	94140
that makes an accumulation distribution as defined in section 665	94141
of the Internal Revenue Code, add, for the beneficiary's taxable	94142
years beginning before 2002, the portion, if any, of such	94143
distribution that does not exceed the undistributed net income of	94144
the trust for the three taxable years preceding the taxable year	94145
in which the distribution is made to the extent that the portion	94146
was not included in the trust's taxable income for any of the	94147
trust's taxable years beginning in 2002 or thereafter.	94148
"Undistributed net income of a trust" means the taxable income of	94149
the trust increased by (a)(i) the additions to adjusted gross	94150
income required under division (A) of this section and (ii) the	94151
personal exemptions allowed to the trust pursuant to section	94152
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	94153
deductions to adjusted gross income required under division (A) of	94154
this section, (ii) the amount of federal income taxes attributable	94155
to such income, and (iii) the amount of taxable income that has	94156
been included in the adjusted gross income of a beneficiary by	94157
reason of a prior accumulation distribution. Any undistributed net	94158
income included in the adjusted gross income of a beneficiary	94159
shall reduce the undistributed net income of the trust commencing	94160
with the earliest years of the accumulation period.	94161

(7) Deduct the amount of wages and salaries, if any, not	94162
otherwise allowable as a deduction but that would have been	94163
allowable as a deduction in computing federal adjusted gross	94164
income for the taxable year, had the targeted jobs credit allowed	94165
and determined under sections 38, 51, and 52 of the Internal	94166
Revenue Code not been in effect.	94167

(8) Deduct any interest or interest equivalent on public	94168
obligations and purchase obligations to the extent that the	94169
interest or interest equivalent is included in federal adjusted	94170
gross income.	94171

(9) Add any loss or deduct any gain resulting from the sale,	94172
exchange, or other disposition of public obligations to the extent	94173
that the loss has been deducted or the gain has been included in	94174
computing federal adjusted gross income.	94175

(10) Deduct or add amounts, as provided under section	94176
5747.70 of the Revised Code, related to contributions to variable	94177
college savings program accounts made or tuition units purchased	94178
pursuant to Chapter 3334. of the Revised Code.	94179

(11)(a) Deduct, to the extent not otherwise allowable as a	94180
deduction or exclusion in computing federal or Ohio adjusted gross	94181
income for the taxable year, the amount the taxpayer paid during	94182
the taxable year for medical care insurance and qualified	94183
long-term care insurance for the taxpayer, the taxpayer's spouse,	94184
and dependents. No deduction for medical care insurance under	94185
division (A)(11) of this section shall be allowed either to any	94186
taxpayer who is eligible to participate in any subsidized health	94187
plan maintained by any employer of the taxpayer or of the	94188
taxpayer's spouse, or to any taxpayer who is entitled to, or on	94189
application would be entitled to, benefits under part A of Title	94190
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	94191
301, as amended. For the purposes of division (A)(11)(a) of this	94192
section, "subsidized health plan" means a health plan for which	94193
the employer pays any portion of the plan's cost. The deduction	94194
allowed under division (A)(11)(a) of this section shall be the	94195
net of any related premium refunds, related premium	94196
reimbursements, or related insurance premium dividends received	94197
during the taxable year.	94198

(b) Deduct, to the extent not otherwise deducted or excluded	94199
in computing federal or Ohio adjusted gross income during the	94200
taxable year, the amount the taxpayer paid during the taxable	94201
year, not compensated for by any insurance or otherwise, for	94202
medical care of the taxpayer, the taxpayer's spouse, and	94203
dependents, to the extent the expenses exceed seven and one-half	94204
per cent of the taxpayer's federal adjusted gross income.	94205

(c) Deduct, to the extent not otherwise deducted or excluded	94206
in computing federal or Ohio adjusted gross income, any amount	94207
included in federal adjusted gross income under section 105 or not	94208
excluded under section 106 of the Internal Revenue Code solely	94209
because it relates to an accident and health plan for a person who	94210
otherwise would be a "qualifying relative" and thus a "dependent"	94211
under section 152 of the Internal Revenue Code but for the fact	94212
that the person fails to meet the income and support limitations	94213
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	94214

(d) For purposes of division (A)(11) of this section,	94215
"medical care" has the meaning given in section 213 of the	94216
Internal Revenue Code, subject to the special rules, limitations,	94217
and exclusions set forth therein, and "qualified long-term care"	94218
has the same meaning given in section 7702B(c) of the Internal	94219
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	94220
of this section, "dependent" includes a person who otherwise	94221
would be a "qualifying relative" and thus a "dependent" under	94222
section 152 of the Internal Revenue Code but for the fact that	94223
the person fails to meet the income and support limitations under	94224
section 152(d)(1)(B) and (C) of the Internal Revenue Code.	94225

(12)(a) Deduct any amount included in federal adjusted gross	94226
income solely because the amount represents a reimbursement or	94227
refund of expenses that in any year the taxpayer had deducted as	94228
an itemized deduction pursuant to section 63 of the Internal	94229
Revenue Code and applicable United States department of the	94230
treasury regulations. The deduction otherwise allowed under	94231
division (A)(12)(a) of this section shall be reduced to the extent	94232
the reimbursement is attributable to an amount the taxpayer	94233
deducted under this section in any taxable year.	94234

(b) Add any amount not otherwise included in Ohio adjusted	94235
gross income for any taxable year to the extent that the amount is	94236
attributable to the recovery during the taxable year of any amount	94237
deducted or excluded in computing federal or Ohio adjusted gross	94238
income in any taxable year.	94239

(13) Deduct any portion of the deduction described in section	94240
1341(a)(2) of the Internal Revenue Code, for repaying previously	94241
reported income received under a claim of right, that meets both	94242
of the following requirements:	94243

(a) It is allowable for repayment of an item that was	94244
included in the taxpayer's adjusted gross income for a prior	94245
taxable year and did not qualify for a credit under division (A)	94246
or (B) of section 5747.05 of the Revised Code for that year;	94247

(b) It does not otherwise reduce the taxpayer's adjusted	94248
gross income for the current or any other taxable year.	94249

(14) Deduct an amount equal to the deposits made to, and net	94250
investment earnings of, a medical savings account during the	94251
taxable year, in accordance with section 3924.66 of the Revised	94252
Code. The deduction allowed by division (A)(14) of this section	94253
does not apply to medical savings account deposits and earnings	94254
otherwise deducted or excluded for the current or any other	94255
taxable year from the taxpayer's federal adjusted gross income.	94256

(15)(a) Add an amount equal to the funds withdrawn from a	94257
medical savings account during the taxable year, and the net	94258
investment earnings on those funds, when the funds withdrawn were	94259
used for any purpose other than to reimburse an account holder	94260
for, or to pay, eligible medical expenses, in accordance with	94261
section 3924.66 of the Revised Code;	94262

(b) Add the amounts distributed from a medical savings	94263
account under division (A)(2) of section 3924.68 of the Revised	94264
Code during the taxable year.	94265

(16) Add any amount claimed as a credit under section	94266
5747.059 of the Revised Code to the extent that such amount	94267
satisfies either of the following:	94268

(a) The amount was deducted or excluded from the computation	94269
of the taxpayer's federal adjusted gross income as required to be	94270
reported for the taxpayer's taxable year under the Internal	94271
Revenue Code;	94272

(b) The amount resulted in a reduction of the taxpayer's	94273
federal adjusted gross income as required to be reported for any	94274
of the taxpayer's taxable years under the Internal Revenue Code.	94275

(17) Deduct the amount contributed by the taxpayer to an	94276
individual development account program established by a county	94277
department of job and family services pursuant to sections 329.11	94278
to 329.14 of the Revised Code for the purpose of matching funds	94279
deposited by program participants. On request of the tax	94280
commissioner, the taxpayer shall provide any information that, in	94281
the tax commissioner's opinion, is necessary to establish the	94282
amount deducted under division (A)(17) of this section.	94283

(18) Beginning in taxable year 2001 but not for any taxable	94284
year beginning after December 31, 2005, if the taxpayer is married	94285
and files a joint return and the combined federal adjusted gross	94286
income of the taxpayer and the taxpayer's spouse for the taxable	94287
year does not exceed one hundred thousand dollars, or if the	94288
taxpayer is single and has a federal adjusted gross income for the	94289
taxable year not exceeding fifty thousand dollars, deduct amounts	94290
paid during the taxable year for qualified tuition and fees paid	94291
to an eligible institution for the taxpayer, the taxpayer's	94292
spouse, or any dependent of the taxpayer, who is a resident of	94293
this state and is enrolled in or attending a program that	94294
culminates in a degree or diploma at an eligible institution. The	94295
deduction may be claimed only to the extent that qualified tuition	94296
and fees are not otherwise deducted or excluded for any taxable	94297
year from federal or Ohio adjusted gross income. The deduction may	94298
not be claimed for educational expenses for which the taxpayer	94299
claims a credit under section 5747.27 of the Revised Code.	94300

(19) Add any reimbursement received during the taxable year	94301
of any amount the taxpayer deducted under division (A)(18) of this	94302
section in any previous taxable year to the extent the amount is	94303
not otherwise included in Ohio adjusted gross income.	94304

(20)(a)(i) Add five-sixths of the amount of depreciation	94305
expense allowed by subsection (k) of section 168 of the Internal	94306
Revenue Code, including the taxpayer's proportionate or	94307
distributive share of the amount of depreciation expense allowed	94308
by that subsection to a pass-through entity in which the taxpayer	94309
has a direct or indirect ownership interest.	94310

(ii) Add five-sixths of the amount of qualifying section 179	94311
depreciation expense, including a person's proportionate or	94312
distributive share of the amount of qualifying section 179	94313
depreciation expense allowed to any pass-through entity in which	94314
the person has a direct or indirect ownership. For the purposes of	94315
this division, "qualifying section 179 depreciation expense" means	94316
the difference between (I) the amount of depreciation expense	94317
directly or indirectly allowed to the taxpayer under section 179	94318
of the Internal Revenue Code, and (II) the amount of depreciation	94319
expense directly or indirectly allowed to the taxpayer under	94320
section 179 of the Internal Revenue Code as that section existed	94321
on December 31, 2002.	94322

The tax commissioner, under procedures established by the	94323
commissioner, may waive the add-backs related to a pass-through	94324
entity if the taxpayer owns, directly or indirectly, less than	94325
five per cent of the pass-through entity.	94326

(b) Nothing in division (A)(20) of this section shall be	94327
construed to adjust or modify the adjusted basis of any asset.	94328

(c) To the extent the add-back required under division	94329
(A)(20)(a) of this section is attributable to property generating	94330
nonbusiness income or loss allocated under section 5747.20 of the	94331
Revised Code, the add-back shall be sitused to the same location	94332
as the nonbusiness income or loss generated by the property for	94333
the purpose of determining the credit under division (A) of	94334
section 5747.05 of the Revised Code. Otherwise, the add-back shall	94335
be apportioned, subject to one or more of the four alternative	94336
methods of apportionment enumerated in section 5747.21 of the	94337
Revised Code.	94338

(d) For the purposes of division (A) of this section, net	94339
operating loss carryback and carryforward shall not include	94340
five-sixths of the allowance of any net operating loss deduction	94341
carryback or carryforward to the taxable year to the extent such	94342
loss resulted from depreciation allowed by section 168(k) of the	94343
Internal Revenue Code and by the qualifying section 179	94344
depreciation expense amount.	94345

(21)(a) If the taxpayer was required to add an amount under	94346
division (A)(20)(a) of this section for a taxable year, deduct	94347
one-fifth of the amount so added for each of the five succeeding	94348
taxable years.	94349

(b) If the amount deducted under division (A)(21)(a) of this	94350
section is attributable to an add-back allocated under division	94351
(A)(20)(c) of this section, the amount deducted shall be sitused	94352
to the same location. Otherwise, the add-back shall be apportioned	94353
using the apportionment factors for the taxable year in which the	94354
deduction is taken, subject to one or more of the four alternative	94355
methods of apportionment enumerated in section 5747.21 of the	94356
Revised Code.	94357

(c) No deduction is available under division (A)(21)(a) of	94358
this section with regard to any depreciation allowed by section	94359
168(k) of the Internal Revenue Code and by the qualifying section	94360
179 depreciation expense amount to the extent that such	94361
depreciation resulted in or increased a federal net operating loss	94362
carryback or carryforward to a taxable year to which division	94363
(A)(20)(d) of this section does not apply.	94364

(22) Deduct, to the extent not otherwise deducted or excluded	94365
in computing federal or Ohio adjusted gross income for the taxable	94366
year, the amount the taxpayer received during the taxable year as	94367
reimbursement for life insurance premiums under section 5919.31 of	94368
the Revised Code.	94369

(23) Deduct, to the extent not otherwise deducted or excluded	94370
in computing federal or Ohio adjusted gross income for the taxable	94371
year, the amount the taxpayer received during the taxable year as	94372
a death benefit paid by the adjutant general under section 5919.33	94373
of the Revised Code.	94374

(24) Deduct, to the extent included in federal adjusted gross	94375
income and not otherwise allowable as a deduction or exclusion in	94376
computing federal or Ohio adjusted gross income for the taxable	94377
year, military pay and allowances received by the taxpayer during	94378
the taxable year for active duty service in the United States	94379
army, air force, navy, marine corps, or coast guard or reserve	94380
components thereof or the national guard. The deduction may not be	94381
claimed for military pay and allowances received by the taxpayer	94382
while the taxpayer is stationed in this state.	94383

(25) Deduct, to the extent not otherwise allowable as a	94384
deduction or exclusion in computing federal or Ohio adjusted gross	94385
income for the taxable year and not otherwise compensated for by	94386
any other source, the amount of qualified organ donation expenses	94387
incurred by the taxpayer during the taxable year, not to exceed	94388
ten thousand dollars. A taxpayer may deduct qualified organ	94389
donation expenses only once for all taxable years beginning with	94390
taxable years beginning in 2007.	94391

For the purposes of division (A)(25) of this section:

94392

(a) "Human organ" means all or any portion of a human liver,	94393
pancreas, kidney, intestine, or lung, and any portion of human	94394
bone marrow.	94395

(b) "Qualified organ donation expenses" means travel	94396
expenses, lodging expenses, and wages and salary forgone by a	94397
taxpayer in connection with the taxpayer's donation, while living,	94398
of one or more of the taxpayer's human organs to another human	94399
being.	94400

(26) Deduct, to the extent not otherwise deducted or excluded	94401
in computing federal or Ohio adjusted gross income for the taxable	94402
year, amounts received by the taxpayer as retired military	94403
personnel pay for service in the United States army, navy, air	94404
force, coast guard, or marine corps or reserve components thereof,	94405
or the national guard, or received by the surviving spouse or	94406
former spouse of such a taxpayer under the survivor benefit plan	94407
on account of such a taxpayer's death. If the taxpayer receives	94408
income on account of retirement paid under the federal civil	94409
service retirement system or federal employees retirement system,	94410
or under any successor retirement program enacted by the congress	94411
of the United States that is established and maintained for	94412
retired employees of the United States government, and such	94413
retirement income is based, in whole or in part, on credit for	94414
the taxpayer's military service, the deduction allowed under this	94415
division shall include only that portion of such retirement	94416
income that is attributable to the taxpayer's military service,	94417
to the extent that portion of such retirement income is otherwise	94418
included in federal adjusted gross income and is not otherwise	94419
deducted under this section. Any amount deducted under division	94420
(A)(26) of this section is not included in a taxpayer's	94421
adjusted gross income for the purposes of section 5747.055 of	94422
the Revised Code. No amount may be deducted under division	94423
(A)(26) of this section on the basis of which a credit was	94424
claimed under section 5747.055 of the Revised Code.	94425

(27) Deduct, to the extent not otherwise deducted or excluded	94426
in computing federal or Ohio adjusted gross income for the taxable	94427
year, the amount the taxpayer received during the taxable year	94428
from the military injury relief fund created in section 5101.98 of	94429
the Revised Code.	94430

(B) "Business income" means income, including gain or loss,	94431
arising from transactions, activities, and sources in the regular	94432
course of a trade or business and includes income, gain, or loss	94433
from real property, tangible property, and intangible property if	94434
the acquisition, rental, management, and disposition of the	94435
property constitute integral parts of the regular course of a	94436
trade or business operation. "Business income" includes income,	94437
including gain or loss, from a partial or complete liquidation of	94438
a business, including, but not limited to, gain or loss from the	94439
sale or other disposition of goodwill.	94440

(C) "Nonbusiness income" means all income other than business	94441
income and may include, but is not limited to, compensation, rents	94442
and royalties from real or tangible personal property, capital	94443
gains, interest, dividends and distributions, patent or copyright	94444
royalties, or lottery winnings, prizes, and awards.	94445

(D) "Compensation" means any form of remuneration paid to an	94446
employee for personal services.	94447

(E) "Fiduciary" means a guardian, trustee, executor,	94448
administrator, receiver, conservator, or any other person acting	94449
in any fiduciary capacity for any individual, trust, or estate.	94450

(F) "Fiscal year" means an accounting period of twelve months	94451
ending on the last day of any month other than December.	94452

(G) "Individual" means any natural person.

94453

(H) "Internal Revenue Code" means the "Internal Revenue Code	94454
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	94455

(I) "Resident" means any of the following, provided that	94456
division (I)(3) of this section applies only to taxable years of a	94457
trust beginning in 2002 or thereafter:	94458

(1) An individual who is domiciled in this state, subject to	94459
section 5747.24 of the Revised Code;	94460

(2) The estate of a decedent who at the time of death was	94461
domiciled in this state. The domicile tests of section 5747.24 of	94462
the Revised Code are not controlling for purposes of division	94463
(I)(2) of this section.	94464

(3) A trust that, in whole or part, resides in this state. If	94465
only part of a trust resides in this state, the trust is a	94466
resident only with respect to that part.	94467

For the purposes of division (I)(3) of this section:

94468

(a) A trust resides in this state for the trust's current	94469
taxable year to the extent, as described in division (I)(3)(d) of	94470
this section, that the trust consists directly or indirectly, in	94471
whole or in part, of assets, net of any related liabilities, that	94472
were transferred, or caused to be transferred, directly or	94473
indirectly, to the trust by any of the following:	94474

(i) A person, a court, or a governmental entity or	94475
instrumentality on account of the death of a decedent, but only if	94476
the trust is described in division (I)(3)(e)(i) or (ii) of this	94477
section;	94478

(ii) A person who was domiciled in this state for the	94479
purposes of this chapter when the person directly or indirectly	94480
transferred assets to an irrevocable trust, but only if at least	94481
one of the trust's qualifying beneficiaries is domiciled in this	94482
state for the purposes of this chapter during all or some portion	94483
of the trust's current taxable year;	94484

(iii) A person who was domiciled in this state for the	94485
purposes of this chapter when the trust document or instrument or	94486
part of the trust document or instrument became irrevocable, but	94487
only if at least one of the trust's qualifying beneficiaries is a	94488
resident domiciled in this state for the purposes of this chapter	94489
during all or some portion of the trust's current taxable year. If	94490
a trust document or instrument became irrevocable upon the death	94491
of a person who at the time of death was domiciled in this state	94492
for purposes of this chapter, that person is a person described in	94493
division (I)(3)(a)(iii) of this section.	94494

(b) A trust is irrevocable to the extent that the transferor	94495
is not considered to be the owner of the net assets of the trust	94496
under sections 671 to 678 of the Internal Revenue Code.	94497

(c) With respect to a trust other than a charitable lead	94498
trust, "qualifying beneficiary" has the same meaning as "potential	94499
current beneficiary" as defined in section 1361(e)(2) of the	94500
Internal Revenue Code, and with respect to a charitable lead trust	94501
"qualifying beneficiary" is any current, future, or contingent	94502
beneficiary, but with respect to any trust "qualifying	94503
beneficiary" excludes a person or a governmental entity or	94504
instrumentality to any of which a contribution would qualify for	94505
the charitable deduction under section 170 of the Internal Revenue	94506
Code.	94507

(d) For the purposes of division (I)(3)(a) of this section,	94508
the extent to which a trust consists directly or indirectly, in	94509
whole or in part, of assets, net of any related liabilities, that	94510
were transferred directly or indirectly, in whole or part, to the	94511
trust by any of the sources enumerated in that division shall be	94512
ascertained by multiplying the fair market value of the trust's	94513
assets, net of related liabilities, by the qualifying ratio, which	94514
shall be computed as follows:	94515

(i) The first time the trust receives assets, the numerator	94516
of the qualifying ratio is the fair market value of those assets	94517
at that time, net of any related liabilities, from sources	94518
enumerated in division (I)(3)(a) of this section. The denominator	94519
of the qualifying ratio is the fair market value of all the	94520
trust's assets at that time, net of any related liabilities.	94521

(ii) Each subsequent time the trust receives assets, a	94522
revised qualifying ratio shall be computed. The numerator of the	94523
revised qualifying ratio is the sum of (1) the fair market value	94524
of the trust's assets immediately prior to the subsequent	94525
transfer, net of any related liabilities, multiplied by the	94526
qualifying ratio last computed without regard to the subsequent	94527
transfer, and (2) the fair market value of the subsequently	94528
transferred assets at the time transferred, net of any related	94529
liabilities, from sources enumerated in division (I)(3)(a) of this	94530
section. The denominator of the revised qualifying ratio is the	94531
fair market value of all the trust's assets immediately after the	94532
subsequent transfer, net of any related liabilities.	94533

(iii) Whether a transfer to the trust is by or from any of	94534
the sources enumerated in division (I)(3)(a) of this section shall	94535
be ascertained without regard to the domicile of the trust's	94536
beneficiaries.	94537

(e) For the purposes of division (I)(3)(a)(i) of this	94538
section:	94539

(i) A trust is described in division (I)(3)(e)(i) of this	94540
section if the trust is a testamentary trust and the testator of	94541
that testamentary trust was domiciled in this state at the time of	94542
the testator's death for purposes of the taxes levied under	94543
Chapter 5731. of the Revised Code.	94544

(ii) A trust is described in division (I)(3)(e)(ii) of this	94545
section if the transfer is a qualifying transfer described in any	94546
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	94547
irrevocable inter vivos trust, and at least one of the trust's	94548
qualifying beneficiaries is domiciled in this state for purposes	94549
of this chapter during all or some portion of the trust's current	94550
taxable year.	94551

(f) For the purposes of division (I)(3)(e)(ii) of this	94552
section, a "qualifying transfer" is a transfer of assets, net of	94553
any related liabilities, directly or indirectly to a trust, if the	94554
transfer is described in any of the following:	94555

(i) The transfer is made to a trust, created by the decedent	94556
before the decedent's death and while the decedent was domiciled	94557
in this state for the purposes of this chapter, and, prior to the	94558
death of the decedent, the trust became irrevocable while the	94559
decedent was domiciled in this state for the purposes of this	94560
chapter.	94561

(ii) The transfer is made to a trust to which the decedent,	94562
prior to the decedent's death, had directly or indirectly	94563
transferred assets, net of any related liabilities, while the	94564
decedent was domiciled in this state for the purposes of this	94565
chapter, and prior to the death of the decedent the trust became	94566
irrevocable while the decedent was domiciled in this state for the	94567
purposes of this chapter.	94568

(iii) The transfer is made on account of a contractual	94569
relationship existing directly or indirectly between the	94570
transferor and either the decedent or the estate of the decedent	94571
at any time prior to the date of the decedent's death, and the	94572
decedent was domiciled in this state at the time of death for	94573
purposes of the taxes levied under Chapter 5731. of the Revised	94574
Code.	94575

(iv) The transfer is made to a trust on account of a	94576
contractual relationship existing directly or indirectly between	94577
the transferor and another person who at the time of the	94578
decedent's death was domiciled in this state for purposes of this	94579
chapter.	94580

(v) The transfer is made to a trust on account of the will of	94581
a testator.	94582

(vi) The transfer is made to a trust created by or caused to	94583
be created by a court, and the trust was directly or indirectly	94584
created in connection with or as a result of the death of an	94585
individual who, for purposes of the taxes levied under Chapter	94586
5731. of the Revised Code, was domiciled in this state at the time	94587
of the individual's death.	94588

(g) The tax commissioner may adopt rules to ascertain the	94589
part of a trust residing in this state.	94590

(J) "Nonresident" means an individual or estate that is not a	94591
resident. An individual who is a resident for only part of a	94592
taxable year is a nonresident for the remainder of that taxable	94593
year.	94594

(K) "Pass-through entity" has the same meaning as in section	94595
5733.04 of the Revised Code.	94596

(L) "Return" means the notifications and reports required to	94597
be filed pursuant to this chapter for the purpose of reporting the	94598
tax due and includes declarations of estimated tax when so	94599
required.	94600

(M) "Taxable year" means the calendar year or the taxpayer's	94601
fiscal year ending during the calendar year, or fractional part	94602
thereof, upon which the adjusted gross income is calculated	94603
pursuant to this chapter.	94604

(N) "Taxpayer" means any person subject to the tax imposed by	94605
section 5747.02 of the Revised Code or any pass-through entity	94606
that makes the election under division (D) of section 5747.08 of	94607
the Revised Code.	94608

(O) "Dependents" means dependents as defined in the Internal	94609
Revenue Code and as claimed in the taxpayer's federal income tax	94610
return for the taxable year or which the taxpayer would have been	94611
permitted to claim had the taxpayer filed a federal income tax	94612
return.	94613

(P) "Principal county of employment" means, in the case of a	94614
nonresident, the county within the state in which a taxpayer	94615
performs services for an employer or, if those services are	94616
performed in more than one county, the county in which the major	94617
portion of the services are performed.	94618

(Q) As used in sections 5747.50 to 5747.55 of the Revised	94619
Code:	94620

(1) "Subdivision" means any county, municipal corporation,	94621
park district, or township.	94622

(2) "Essential local government purposes" includes all	94623
functions that any subdivision is required by general law to	94624
exercise, including like functions that are exercised under a	94625
charter adopted pursuant to the Ohio Constitution.	94626

(R) "Overpayment" means any amount already paid that exceeds	94627
the figure determined to be the correct amount of the tax.	94628

(S) "Taxable income" or "Ohio taxable income" applies only to	94629
estates and trusts, and means federal taxable income, as defined	94630
and used in the Internal Revenue Code, adjusted as follows:	94631

(1) Add interest or dividends, net of ordinary, necessary,	94632
and reasonable expenses not deducted in computing federal taxable	94633
income, on obligations or securities of any state or of any	94634
political subdivision or authority of any state, other than this	94635
state and its subdivisions and authorities, but only to the extent	94636
that such net amount is not otherwise includible in Ohio taxable	94637
income and is described in either division (S)(1)(a) or (b) of	94638
this section:	94639

(a) The net amount is not attributable to the S portion of an	94640
electing small business trust and has not been distributed to	94641
beneficiaries for the taxable year;	94642

(b) The net amount is attributable to the S portion of an	94643
electing small business trust for the taxable year.	94644

(2) Add interest or dividends, net of ordinary, necessary,	94645
and reasonable expenses not deducted in computing federal taxable	94646
income, on obligations of any authority, commission,	94647
instrumentality, territory, or possession of the United States to	94648
the extent that the interest or dividends are exempt from federal	94649
income taxes but not from state income taxes, but only to the	94650
extent that such net amount is not otherwise includible in Ohio	94651
taxable income and is described in either division (S)(1)(a) or	94652
(b) of this section;	94653

(3) Add the amount of personal exemption allowed to the	94654
estate pursuant to section 642(b) of the Internal Revenue Code;	94655

(4) Deduct interest or dividends, net of related expenses	94656
deducted in computing federal taxable income, on obligations of	94657
the United States and its territories and possessions or of any	94658
authority, commission, or instrumentality of the United States to	94659
the extent that the interest or dividends are exempt from state	94660
taxes under the laws of the United States, but only to the extent	94661
that such amount is included in federal taxable income and is	94662
described in either division (S)(1)(a) or (b) of this section;	94663

(5) Deduct the amount of wages and salaries, if any, not	94664
otherwise allowable as a deduction but that would have been	94665
allowable as a deduction in computing federal taxable income for	94666
the taxable year, had the targeted jobs credit allowed under	94667
sections 38, 51, and 52 of the Internal Revenue Code not been in	94668
effect, but only to the extent such amount relates either to	94669
income included in federal taxable income for the taxable year or	94670
to income of the S portion of an electing small business trust for	94671
the taxable year;	94672

(6) Deduct any interest or interest equivalent, net of	94673
related expenses deducted in computing federal taxable income, on	94674
public obligations and purchase obligations, but only to the	94675
extent that such net amount relates either to income included in	94676
federal taxable income for the taxable year or to income of the S	94677
portion of an electing small business trust for the taxable year;	94678

(7) Add any loss or deduct any gain resulting from sale,	94679
exchange, or other disposition of public obligations to the extent	94680
that such loss has been deducted or such gain has been included in	94681
computing either federal taxable income or income of the S portion	94682
of an electing small business trust for the taxable year;	94683

(8) Except in the case of the final return of an estate, add	94684
any amount deducted by the taxpayer on both its Ohio estate tax	94685
return pursuant to section 5731.14 of the Revised Code, and on its	94686
federal income tax return in determining federal taxable income;	94687

(9)(a) Deduct any amount included in federal taxable income	94688
solely because the amount represents a reimbursement or refund of	94689
expenses that in a previous year the decedent had deducted as an	94690
itemized deduction pursuant to section 63 of the Internal Revenue	94691
Code and applicable treasury regulations. The deduction otherwise	94692
allowed under division (S)(9)(a) of this section shall be reduced	94693
to the extent the reimbursement is attributable to an amount the	94694
taxpayer or decedent deducted under this section in any taxable	94695
year.	94696

(b) Add any amount not otherwise included in Ohio taxable	94697
income for any taxable year to the extent that the amount is	94698
attributable to the recovery during the taxable year of any amount	94699
deducted or excluded in computing federal or Ohio taxable income	94700
in any taxable year, but only to the extent such amount has not	94701
been distributed to beneficiaries for the taxable year.	94702

(10) Deduct any portion of the deduction described in section	94703
1341(a)(2) of the Internal Revenue Code, for repaying previously	94704
reported income received under a claim of right, that meets both	94705
of the following requirements:	94706

(a) It is allowable for repayment of an item that was	94707
included in the taxpayer's taxable income or the decedent's	94708
adjusted gross income for a prior taxable year and did not qualify	94709
for a credit under division (A) or (B) of section 5747.05 of the	94710
Revised Code for that year.	94711

(b) It does not otherwise reduce the taxpayer's taxable	94712
income or the decedent's adjusted gross income for the current or	94713
any other taxable year.	94714

(11) Add any amount claimed as a credit under section	94715
5747.059 of the Revised Code to the extent that the amount	94716
satisfies either of the following:	94717

(a) The amount was deducted or excluded from the computation	94718
of the taxpayer's federal taxable income as required to be	94719
reported for the taxpayer's taxable year under the Internal	94720
Revenue Code;	94721

(b) The amount resulted in a reduction in the taxpayer's	94722
federal taxable income as required to be reported for any of the	94723
taxpayer's taxable years under the Internal Revenue Code.	94724

(12) Deduct any amount, net of related expenses deducted in	94725
computing federal taxable income, that a trust is required to	94726
report as farm income on its federal income tax return, but only	94727
if the assets of the trust include at least ten acres of land	94728
satisfying the definition of "land devoted exclusively to	94729
agricultural use" under section 5713.30 of the Revised Code,	94730
regardless of whether the land is valued for tax purposes as such	94731
land under sections 5713.30 to 5713.38 of the Revised Code. If the	94732
trust is a pass-through entity investor, section 5747.231 of the	94733
Revised Code applies in ascertaining if the trust is eligible to	94734
claim the deduction provided by division (S)(12) of this section	94735
in connection with the pass-through entity's farm income.	94736

Except for farm income attributable to the S portion of an	94737
electing small business trust, the deduction provided by division	94738
(S)(12) of this section is allowed only to the extent that the	94739
trust has not distributed such farm income. Division (S)(12) of	94740
this section applies only to taxable years of a trust beginning in	94741
2002 or thereafter.	94742

(13) Add the net amount of income described in section 641(c)	94743
of the Internal Revenue Code to the extent that amount is not	94744
included in federal taxable income.	94745

(14) Add or deduct the amount the taxpayer would be required	94746
to add or deduct under division (A)(20) or (21) of this section if	94747
the taxpayer's Ohio taxable income were computed in the same	94748
manner as an individual's Ohio adjusted gross income is computed	94749
under this section. In the case of a trust, division (S)(14) of	94750
this section applies only to any of the trust's taxable years	94751
beginning in 2002 or thereafter.	94752

(T) "School district income" and "school district income tax"	94753
have the same meanings as in section 5748.01 of the Revised Code.	94754

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	94755
of this section, "public obligations," "purchase obligations," and	94756
"interest or interest equivalent" have the same meanings as in	94757
section 5709.76 of the Revised Code.	94758

(V) "Limited liability company" means any limited liability	94759
company formed under Chapter 1705. of the Revised Code or under	94760
the laws of any other state.	94761

(W) "Pass-through entity investor" means any person who,	94762
during any portion of a taxable year of a pass-through entity, is	94763
a partner, member, shareholder, or equity investor in that	94764
pass-through entity.	94765

(X) "Banking day" has the same meaning as in section 1304.01	94766
of the Revised Code.	94767

(Y) "Month" means a calendar month.

94768

(Z) "Quarter" means the first three months, the second three	94769
months, the third three months, or the last three months of the	94770
taxpayer's taxable year.	94771

(AA)(1) "Eligible institution" means a state university or	94772
state institution of higher education as defined in section	94773
3345.011 of the Revised Code, or a private, nonprofit college,	94774
university, or other post-secondary institution located in this	94775
state that possesses a certificate of authorization issued by the	94776
Ohio board of regents pursuant to Chapter 1713. of the Revised	94777
Code or a certificate of registration issued by the state board of	94778
career colleges and schools under Chapter 3332. of the Revised	94779
Code.	94780

(2) "Qualified tuition and fees" means tuition and fees	94781
imposed by an eligible institution as a condition of enrollment or	94782
attendance, not exceeding two thousand five hundred dollars in	94783
each of the individual's first two years of post-secondary	94784
education. If the individual is a part-time student, "qualified	94785
tuition and fees" includes tuition and fees paid for the academic	94786
equivalent of the first two years of post-secondary education	94787
during a maximum of five taxable years, not exceeding a total of	94788
five thousand dollars. "Qualified tuition and fees" does not	94789
include:	94790

(a) Expenses for any course or activity involving sports,	94791
games, or hobbies unless the course or activity is part of the	94792
individual's degree or diploma program;	94793

(b) The cost of books, room and board, student activity fees,	94794
athletic fees, insurance expenses, or other expenses unrelated to	94795
the individual's academic course of instruction;	94796

(c) Tuition, fees, or other expenses paid or reimbursed	94797
through an employer, scholarship, grant in aid, or other	94798
educational benefit program.	94799

(BB)(1) "Modified business income" means the business income	94800
included in a trust's Ohio taxable income after such taxable	94801
income is first reduced by the qualifying trust amount, if any.	94802

(2) "Qualifying trust amount" of a trust means capital gains	94803
and losses from the sale, exchange, or other disposition of equity	94804
or ownership interests in, or debt obligations of, a qualifying	94805
investee to the extent included in the trust's Ohio taxable	94806
income, but only if the following requirements are satisfied:	94807

(a) The book value of the qualifying investee's physical	94808
assets in this state and everywhere, as of the last day of the	94809
qualifying investee's fiscal or calendar year ending immediately	94810
prior to the date on which the trust recognizes the gain or loss,	94811
is available to the trust.	94812

(b) The requirements of section 5747.011 of the Revised Code	94813
are satisfied for the trust's taxable year in which the trust	94814
recognizes the gain or loss.	94815

Any gain or loss that is not a qualifying trust amount is	94816
modified business income, qualifying investment income, or	94817
modified nonbusiness income, as the case may be.	94818

(3) "Modified nonbusiness income" means a trust's Ohio	94819
taxable income other than modified business income, other than the	94820
qualifying trust amount, and other than qualifying investment	94821
income, as defined in section 5747.012 of the Revised Code, to the	94822
extent such qualifying investment income is not otherwise part of	94823
modified business income.	94824

(4) "Modified Ohio taxable income" applies only to trusts,	94825
and means the sum of the amounts described in divisions (BB)(4)(a)	94826
to (c) of this section:	94827

(a) The fraction, calculated under section 5747.013, and	94828
applying section 5747.231 of the Revised Code, multiplied by the	94829
sum of the following amounts:	94830

(i) The trust's modified business income;

94831

(ii) The trust's qualifying investment income, as defined in	94832
section 5747.012 of the Revised Code, but only to the extent the	94833
qualifying investment income does not otherwise constitute	94834
modified business income and does not otherwise constitute a	94835
qualifying trust amount.	94836

(b) The qualifying trust amount multiplied by a fraction, the	94837
numerator of which is the sum of the book value of the qualifying	94838
investee's physical assets in this state on the last day of the	94839
qualifying investee's fiscal or calendar year ending immediately	94840
prior to the day on which the trust recognizes the qualifying	94841
trust amount, and the denominator of which is the sum of the book	94842
value of the qualifying investee's total physical assets	94843
everywhere on the last day of the qualifying investee's fiscal or	94844
calendar year ending immediately prior to the day on which the	94845
trust recognizes the qualifying trust amount. If, for a taxable	94846
year, the trust recognizes a qualifying trust amount with respect	94847
to more than one qualifying investee, the amount described in	94848
division (BB)(4)(b) of this section shall equal the sum of the	94849
products so computed for each such qualifying investee.	94850

(c)(i) With respect to a trust or portion of a trust that is	94851
a resident as ascertained in accordance with division (I)(3)(d) of	94852
this section, its modified nonbusiness income.	94853

(ii) With respect to a trust or portion of a trust that is	94854
not a resident as ascertained in accordance with division	94855
(I)(3)(d) of this section, the amount of its modified nonbusiness	94856
income satisfying the descriptions in divisions (B)(2) to (5) of	94857
section 5747.20 of the Revised Code, except as otherwise provided	94858
in division (BB)(4)(c)(ii) of this section. With respect to a	94859
trust or portion of a trust that is not a resident as ascertained	94860
in accordance with division (I)(3)(d) of this section, the trust's	94861
portion of modified nonbusiness income recognized from the sale,	94862
exchange, or other disposition of a debt interest in or equity	94863
interest in a section 5747.212 entity, as defined in section	94864
5747.212 of the Revised Code, without regard to division (A) of	94865
that section, shall not be allocated to this state in accordance	94866
with section 5747.20 of the Revised Code but shall be apportioned	94867
to this state in accordance with division (B) of section 5747.212	94868
of the Revised Code without regard to division (A) of that	94869
section.	94870

If the allocation and apportionment of a trust's income under	94871
divisions (BB)(4)(a) and (c) of this section do not fairly	94872
represent the modified Ohio taxable income of the trust in this	94873
state, the alternative methods described in division (C) of	94874
section 5747.21 of the Revised Code may be applied in the manner	94875
and to the same extent provided in that section.	94876

(5)(a) Except as set forth in division (BB)(5)(b) of this	94877
section, "qualifying investee" means a person in which a trust has	94878
an equity or ownership interest, or a person or unit of government	94879
the debt obligations of either of which are owned by a trust. For	94880
the purposes of division (BB)(2)(a) of this section and for the	94881
purpose of computing the fraction described in division (BB)(4)(b)	94882
of this section, all of the following apply:	94883

(i) If the qualifying investee is a member of a qualifying	94884
controlled group on the last day of the qualifying investee's	94885
fiscal or calendar year ending immediately prior to the date on	94886
which the trust recognizes the gain or loss, then "qualifying	94887
investee" includes all persons in the qualifying controlled group	94888
on such last day.	94889

(ii) If the qualifying investee, or if the qualifying	94890
investee and any members of the qualifying controlled group of	94891
which the qualifying investee is a member on the last day of the	94892
qualifying investee's fiscal or calendar year ending immediately	94893
prior to the date on which the trust recognizes the gain or loss,	94894
separately or cumulatively own, directly or indirectly, on the	94895
last day of the qualifying investee's fiscal or calendar year	94896
ending immediately prior to the date on which the trust recognizes	94897
the qualifying trust amount, more than fifty per cent of the	94898
equity of a pass-through entity, then the qualifying investee and	94899
the other members are deemed to own the proportionate share of the	94900
pass-through entity's physical assets which the pass-through	94901
entity directly or indirectly owns on the last day of the	94902
pass-through entity's calendar or fiscal year ending within or	94903
with the last day of the qualifying investee's fiscal or calendar	94904
year ending immediately prior to the date on which the trust	94905
recognizes the qualifying trust amount.	94906

(iii) For the purposes of division (BB)(5)(a)(iii) of this	94907
section, "upper level pass-through entity" means a pass-through	94908
entity directly or indirectly owning any equity of another	94909
pass-through entity, and "lower level pass-through entity" means	94910
that other pass-through entity.	94911

An upper level pass-through entity, whether or not it is also	94912
a qualifying investee, is deemed to own, on the last day of the	94913
upper level pass-through entity's calendar or fiscal year, the	94914
proportionate share of the lower level pass-through entity's	94915
physical assets that the lower level pass-through entity directly	94916
or indirectly owns on the last day of the lower level pass-through	94917
entity's calendar or fiscal year ending within or with the last	94918
day of the upper level pass-through entity's fiscal or calendar	94919
year. If the upper level pass-through entity directly and	94920
indirectly owns less than fifty per cent of the equity of the	94921
lower level pass-through entity on each day of the upper level	94922
pass-through entity's calendar or fiscal year in which or with	94923
which ends the calendar or fiscal year of the lower level	94924
pass-through entity and if, based upon clear and convincing	94925
evidence, complete information about the location and cost of the	94926
physical assets of the lower pass-through entity is not available	94927
to the upper level pass-through entity, then solely for purposes	94928
of ascertaining if a gain or loss constitutes a qualifying trust	94929
amount, the upper level pass-through entity shall be deemed as	94930
owning no equity of the lower level pass-through entity for each	94931
day during the upper level pass-through entity's calendar or	94932
fiscal year in which or with which ends the lower level	94933
pass-through entity's calendar or fiscal year. Nothing in division	94934
(BB)(5)(a)(iii) of this section shall be construed to provide for	94935
any deduction or exclusion in computing any trust's Ohio taxable	94936
income.	94937

(b) With respect to a trust that is not a resident for the	94938
taxable year and with respect to a part of a trust that is not a	94939
resident for the taxable year, "qualifying investee" for that	94940
taxable year does not include a C corporation if both of the	94941
following apply:	94942

(i) During the taxable year the trust or part of the trust	94943
recognizes a gain or loss from the sale, exchange, or other	94944
disposition of equity or ownership interests in, or debt	94945
obligations of, the C corporation.	94946

(ii) Such gain or loss constitutes nonbusiness income.

94947

(6) "Available" means information is such that a person is	94948
able to learn of the information by the due date plus extensions,	94949
if any, for filing the return for the taxable year in which the	94950
trust recognizes the gain or loss.	94951

(CC) "Qualifying controlled group" has the same meaning as in	94952
section 5733.04 of the Revised Code.	94953

(DD) "Related member" has the same meaning as in section	94954
5733.042 of the Revised Code.	94955

(EE)(1) For the purposes of division (EE) of this section:

94956

(a) "Qualifying person" means any person other than a	94957
qualifying corporation.	94958

(b) "Qualifying corporation" means any person classified for	94959
federal income tax purposes as an association taxable as a	94960
corporation, except either of the following:	94961

(i) A corporation that has made an election under subchapter	94962
S, chapter one, subtitle A, of the Internal Revenue Code for its	94963
taxable year ending within, or on the last day of, the investor's	94964
taxable year;	94965

(ii) A subsidiary that is wholly owned by any corporation	94966
that has made an election under subchapter S, chapter one,	94967
subtitle A of the Internal Revenue Code for its taxable year	94968
ending within, or on the last day of, the investor's taxable year.	94969

(2) For the purposes of this chapter, unless expressly stated	94970
otherwise, no qualifying person indirectly owns any asset directly	94971
or indirectly owned by any qualifying corporation.	94972

(FF) For purposes of this chapter and Chapter 5751. of the	94973
Revised Code:	94974

(1) "Trust" does not include a qualified pre-income tax	94975
trust.	94976

(2) A "qualified pre-income tax trust" is any pre-income tax	94977
trust that makes a qualifying pre-income tax trust election as	94978
described in division (FF)(3) of this section.	94979

(3) A "qualifying pre-income tax trust election" is an	94980
election by a pre-income tax trust to subject to the tax imposed	94981
by section 5751.02 of the Revised Code the pre-income tax trust	94982
and all pass-through entities of which the trust owns or	94983
controls, directly, indirectly, or constructively through related	94984
interests, five per cent or more of the ownership or equity	94985
interests. The trustee shall notify the tax commissioner in	94986
writing of the election on or before April 15, 2006. The	94987
election, if timely made, shall be effective on and after January	94988
1, 2006, and shall apply for all tax periods and tax years until	94989
revoked by the trustee of the trust.	94990

(4) A "pre-income tax trust" is a trust that satisfies all of	94991
the following requirements:	94992

(a) The document or instrument creating the trust was	94993
executed by the grantor before January 1, 1972;	94994

(b) The trust became irrevocable upon the creation of the	94995
trust; and	94996

(c) The grantor was domiciled in this state at the time the	94997
trust was created.	94998

Sec. 5747.113. (A) Any taxpayer claiming a refund under	94999
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	95000
~~after October 14, 1983,~~ who wishes to contribute any part of the	95001
taxpayer's refund to the natural areas and preserves fund created	95002
in section 1517.11 of the Revised Code, the nongame and endangered	95003
wildlife fund created in section 1531.26 of the Revised Code, the	95004
military injury relief fund created in section 5101.98 of the	95005
Revised Code, the Ohio historical society income tax contribution	95006
fund created in section 149.308 of the Revised Code, or all of	95007
those funds, may designate on the taxpayer's income tax return the	95008
amount that the taxpayer wishes to contribute to the fund or	95009
funds. A designated contribution is irrevocable upon the filing of	95010
the return and shall be made in the full amount designated if the	95011
refund found due the taxpayer upon the initial processing of the	95012
taxpayer's return, after any deductions including those required	95013
by section 5747.12 of the Revised Code, is greater than or equal	95014
to the designated contribution. If the refund due as initially	95015
determined is less than the designated contribution, the	95016
contribution shall be made in the full amount of the refund. The	95017
tax commissioner shall subtract the amount of the contribution	95018
from the amount of the refund initially found due the taxpayer and	95019
shall certify the difference to the director of budget and	95020
management and treasurer of state for payment to the taxpayer in	95021
accordance with section 5747.11 of the Revised Code. For the	95022
purpose of any subsequent determination of the taxpayer's net tax	95023
payment, the contribution shall be considered a part of the refund	95024
paid to the taxpayer.	95025

(B) The tax commissioner shall provide a space on the income	95026
tax return form in which a taxpayer may indicate that the taxpayer	95027
wishes to make a donation in accordance with this section. The tax	95028
commissioner shall also print in the instructions accompanying the	95029
income tax return form a description of the purposes for which the	95030
natural areas and preserves fund, the nongame and endangered	95031
wildlife fund, ~~and~~ the military injury relief fund, and the Ohio	95032
historical society income tax contribution fund were created and	95033
the use of moneys from the income tax refund contribution system	95034
established in this section. No person shall designate on the	95035
person's income tax return any part of a refund claimed under	95036
section 5747.11 of the Revised Code as a contribution to any fund	95037
other than the natural areas and preserves fund, the nongame and	95038
endangered wildlife fund, the military injury relief fund, or ~~all~~	95039
~~of those funds~~the Ohio historical society income tax contribution	95040
fund.	95041

(C) The money collected under the income tax refund	95042
contribution system established in this section shall be deposited	95043
by the tax commissioner into the natural areas and preserves fund,	95044
the nongame and endangered wildlife fund, ~~and~~ the military injury	95045
relief fund, and the Ohio historical society income tax	95046
contribution fund in the amounts designated on the tax returns.	95047

(D) No later than the thirtieth day of September each year,	95048
the tax commissioner shall determine the total amount contributed	95049
to each fund under this section during the preceding eight months,	95050
any adjustments to prior months, and the cost to the department of	95051
taxation of administering the income tax refund contribution	95052
system during that eight-month period. The commissioner shall make	95053
an additional determination no later than the thirty-first day of	95054
January of each year of the total amount contributed to each fund	95055
under this section during the preceding four calendar months, any	95056
adjustments to prior years made during that four-month period, and	95057
the cost to the department of taxation of administering the income	95058
tax contribution system during that period. The cost of	95059
administering the income tax contribution system shall be	95060
certified by the tax commissioner to the director of budget and	95061
management, who shall transfer an amount equal to ~~one-third~~	95062
one-fourth of such administrative costs from the natural areas and	95063
preserves fund, ~~one-third~~one-fourth of such costs from the	95064
nongame and endangered wildlife fund, ~~and one-third~~one-fourth of	95065
such costs from the military injury relief fund, and one-fourth of	95066
such costs from the Ohio historical society income tax	95067
contribution fund to the ~~litter control and natural resource~~	95068
income tax contribution administration fund, which is hereby	95069
created, provided that the moneys that the department receives to	95070
pay the cost of administering the income tax refund contribution	95071
system in any year shall not exceed two and one-half per cent of	95072
the total amount contributed under that system during that year.	95073

(E)(1) The director of natural resources, in January of every	95074
odd-numbered year, shall report to the general assembly on the	95075
effectiveness of the income tax refund contribution system as it	95076
pertains to the natural areas and preserves fund and the nongame	95077
and endangered wildlife fund. The report shall include the amount	95078
of money contributed to each fund in each of the previous five	95079
years, the amount of money contributed directly to each fund in	95080
addition to or independently of the income tax refund contribution	95081
system in each of the previous five years, and the purposes for	95082
which the money was expended.	95083

(2) The director of job and family services and the director	95084
of the Ohio historical society, in January of every odd-numbered	95085
year, each shall report to the general assembly on the	95086
effectiveness of the income tax refund contribution system as it	95087
pertains to the military injury relief fund and the Ohio	95088
historical society income tax contribution fund, respectively. The	95089
report shall include the amount of money contributed to the fund	95090
in each of the previous five years, the amount of money	95091
contributed directly to the fund in addition to or independently	95092
of the income tax refund contribution system in each of the	95093
previous five years, and the purposes for which the money was	95094
expended.	95095

Sec. 5747.13. (A) If any employer collects the tax imposed	95096
by section 5747.02 or under Chapter 5748. of the Revised Code and	95097
fails to remit the tax as required by law, or fails to collect the	95098
tax, the employer is personally liable for any amount collected	95099
that the employer fails to remit, or any amount that the employer	95100
fails to collect. If any taxpayer fails to file a return or fails	95101
to pay the tax imposed by section 5747.02 or under Chapter 5748.	95102
of the Revised Code, the taxpayer is personally liable for the	95103
amount of the tax.	95104

If any employer, taxpayer, or qualifying entity required to	95105
file a return under this chapter fails to file the return within	95106
the time prescribed, files an incorrect return, fails to remit the	95107
full amount of the taxes due for the period covered by the return,	95108
or fails to remit any additional tax due as a result of a	95109
reduction in the amount of the credit allowed under division (B)	95110
of section 5747.05 of the Revised Code together with interest on	95111
the additional tax within the time prescribed by that division,	95112
the tax commissioner may make an assessment against any person	95113
liable for any deficiency for the period for which the return is	95114
or taxes are due, based upon any information in the commissioner's	95115
possession.	95116

An assessment issued against either the employer or the	95117
taxpayer pursuant to this section shall not be considered an	95118
election of remedies or a bar to an assessment against the other	95119
for failure to report or pay the same tax. No assessment shall be	95120
issued against any person if the tax actually has been paid by	95121
another.	95122

No assessment shall be made or issued against an employer,	95123
taxpayer, or qualifying entity more than four years after the	95124
final date the return subject to assessment was required to be	95125
filed or the date the return was filed, whichever is later.	95126
However, the commissioner may assess any balance due as the result	95127
of a reduction in the credit allowed under division (B) of section	95128
5747.05 of the Revised Code, including applicable penalty and	95129
interest, within four years of the date on which the taxpayer	95130
reports a change in either the portion of the taxpayer's adjusted	95131
gross income subjected to an income tax or tax measured by income	95132
in another state or the District of Columbia, or the amount of	95133
liability for an income tax or tax measured by income to another	95134
state or the District of Columbia, as required by division (B)(3)	95135
of section 5747.05 of the Revised Code. Such time limits may be	95136
extended if both the employer, taxpayer, or qualifying entity and	95137
the commissioner consent in writing to the extension or if an	95138
agreement waiving or extending the time limits has been entered	95139
into pursuant to section 122.171 of the Revised Code. Any such	95140
extension shall extend the four-year time limit in division (B) of	95141
section 5747.11 of the Revised Code for the same period of time.	95142
There shall be no bar or limit to an assessment against an	95143
employer for taxes withheld from employees and not remitted to the	95144
state, against an employer, taxpayer, or qualifying entity that	95145
fails to file a return subject to assessment as required by this	95146
chapter, or against an employer, taxpayer, or qualifying entity	95147
that files a fraudulent return.	95148

The commissioner shall give the party assessed written notice	95149
of the assessment in the manner provided in section 5703.37 of the	95150
Revised Code. With the notice, the commissioner shall provide	95151
instructions on how to petition for reassessment and request a	95152
hearing on the petition.	95153

(B) Unless the party assessed files with the tax commissioner	95154
within sixty days after service of the notice of assessment,	95155
either personally or by certified mail, a written petition for	95156
reassessment, signed by the party assessed or that party's	95157
authorized agent having knowledge of the facts, the assessment	95158
becomes final, and the amount of the assessment is due and payable	95159
from the party assessed to the commissioner with remittance made	95160
payable to the treasurer of state. The petition shall indicate the	95161
objections of the party assessed, but additional objections may be	95162
raised in writing if received by the commissioner prior to the	95163
date shown on the final determination. If the petition has been	95164
properly filed, the commissioner shall proceed under section	95165
5703.60 of the Revised Code.	95166

(C) After an assessment becomes final, if any portion of the	95167
assessment remains unpaid, including accrued interest, a certified	95168
copy of the tax commissioner's entry making the assessment final	95169
may be filed in the office of the clerk of the court of common	95170
pleas in the county in which the employer's, taxpayer's, or	95171
qualifying entity's place of business is located or the county in	95172
which the party assessed resides. If the party assessed is not a	95173
resident of this state, the certified copy of the entry may be	95174
filed in the office of the clerk of the court of common pleas of	95175
Franklin county.	95176

Immediately upon the filing of the entry, the clerk shall	95177
enter a judgment against the party assessed in the amount shown on	95178
the entry. The judgment shall be filed by the clerk in one of two	95179
loose-leaf books, one entitled "special judgments for state and	95180
school district income taxes," and the other entitled "special	95181
judgments for qualifying entity taxes." The judgment shall have	95182
the same effect as other judgments. Execution shall issue upon the	95183
judgment upon the request of the tax commissioner, and all laws	95184
applicable to sales on execution shall apply to sales made under	95185
the judgment.	95186

The portion of the assessment not paid within sixty days	95187
after the assessment was issued shall bear interest at the rate	95188
per annum prescribed by section 5703.47 of the Revised Code from	95189
the day the tax commissioner issues the assessment until it is	95190
paid. Interest shall be paid in the same manner as the tax and may	95191
be collected by the issuance of an assessment under this section.	95192

(D) All money collected under this section shall be	95193
considered as revenue arising from the taxes imposed by this	95194
chapter or Chapter 5733. or 5748. of the Revised Code, as	95195
appropriate.	95196

(E) ~~The portion of an assessment that must be paid upon the~~	95197
~~filing of a petition for reassessment shall be as follows:~~	95198

~~(1) If the sole item objected to is the assessed penalty or~~	95199
~~interest, payment of the assessment, including interest but not~~	95200
~~penalty, is required;~~	95201

~~(2) If the taxpayer or qualifying entity that is assessed~~	95202
~~failed to file, prior to the date of issuance of the assessment,~~	95203
~~the annual return or report required by section 5747.08 or 5747.42~~	95204
~~of the Revised Code, any amended return or amended report required~~	95205
~~by section 5747.10 or 5747.45 of the Revised Code for the taxable~~	95206
~~year at issue, or any report required by division (B) of section~~	95207
~~5747.05 of the Revised Code to indicate a reduction in the amount~~	95208
~~of the credit provided under that division, payment of the~~	95209
~~assessment, including interest but not penalty, is required,~~	95210
~~except as otherwise provided under division (E)(6) or (7) of this~~	95211
~~section;~~	95212

~~(3) If the employer assessed had not filed, prior to the date~~	95213
~~of issuance of the assessment, the annual return required by~~	95214
~~division (E)(2) of section 5747.07 of the Revised Code covering~~	95215
~~the period at issue, payment of the assessment, including interest~~	95216
~~but not penalty, is required;~~	95217

~~(4) If the taxpayer or qualifying entity that is assessed~~	95218
~~filed, prior to the date of issuance of the assessment, the annual~~	95219
~~return or report required by section 5747.08 or 5747.42 of the~~	95220
~~Revised Code, all amended returns or reports required by section~~	95221
~~5747.10 or 5747.45 of the Revised Code for the taxable year at~~	95222
~~issue, and all reports required by division (B) of section 5747.05~~	95223
~~of the Revised Code to indicate a reduction in the amount of the~~	95224
~~credit provided under that division, and a balance of the taxes~~	95225
~~shown due on the returns or reports as computed on the returns or~~	95226
~~reports remains unpaid, payment of only that portion of the~~	95227
~~assessment representing the unpaid balance of tax and interest is~~	95228
~~required;~~	95229

~~(5) If the employer assessed filed, prior to the date of~~	95230
~~issuance of the assessment, the annual return required by division~~	95231
~~(E)(2) of section 5747.07 of the Revised Code covering the period~~	95232
~~at issue, and a balance of the taxes shown due on the return as~~	95233
~~computed on the return remains unpaid, payment of only that~~	95234
~~portion of the assessment representing the unpaid balance of tax~~	95235
~~and interest is required;~~	95236

~~(6) In the case of a party assessed as a qualifying entity~~	95237
~~subject to the tax levied under section 5733.41 or 5747.41 of the~~	95238
~~Revised Code, if the party does not dispute that it is a~~	95239
~~qualifying entity subject to that tax but claims the protections~~	95240
~~of section 101 of Public Law 86-272, 73 Stat. 555, 15 U.S.C.A.~~	95241
~~381, as amended, no payment is required;~~	95242

~~(7) In the case of a party assessed as a qualifying entity~~	95243
~~subject to the tax levied under section 5733.41 or 5747.41 of the~~	95244
~~Revised Code, if the party does dispute that it is a qualifying~~	95245
~~entity subject to that tax, no payment is required;~~	95246

~~(8) If none of the conditions specified in divisions (E)(1)~~	95247
~~to (7) of this section apply, no payment is required~~If the party	95248
assessed files a petition for reassessment under division (B) of	95249
this section, the person, on or before the last day the petition	95250
may be filed, shall pay the assessed amount, including assessed	95251
interest and assessed penalties, if any of the following	95252
conditions exists:	95253

(1) The person files a tax return reporting Ohio adjusted	95254
gross income, less the exemptions allowed by section 5747.025 of	95255
the Revised Code, in an amount less than one cent, and the	95256
reported amount is not based on the computations required under	95257
division (A) of section 5747.01 or section 5747.025 of the Revised	95258
Code.	95259

(2) The person files a tax return that the tax commissioner	95260
determines to be incomplete, false, fraudulent, or frivolous.	95261

(3) The person fails to file a tax return, and the basis for	95262
this failure is not either of the following:	95263

(a) An assertion that the person has no nexus with this	95264
state;	95265

(b) The computations required under division (A) of section	95266
5747.01 of the Revised Code or the application of credits allowed	95267
under this chapter has the result that the person's tax liability	95268
is less than one dollar and one cent.	95269

(F) Notwithstanding the fact that a petition for reassessment	95270
is pending, the petitioner may pay all or a portion of the	95271
assessment that is the subject of the petition. The acceptance of	95272
a payment by the treasurer of state does not prejudice any claim	95273
for refund upon final determination of the petition.	95274

If upon final determination of the petition an error in the	95275
assessment is corrected by the tax commissioner, upon petition so	95276
filed or pursuant to a decision of the board of tax appeals or any	95277
court to which the determination or decision has been appealed, so	95278
that the amount due from the party assessed under the corrected	95279
assessment is less than the portion paid, there shall be issued to	95280
the petitioner or to the petitioner's assigns or legal	95281
representative a refund in the amount of the overpayment as	95282
provided by section 5747.11 of the Revised Code, with interest on	95283
that amount as provided by such section, subject to section	95284
5747.12 of the Revised Code.	95285

Sec. 5747.16. Any nonresident who accepts the privileges	95286
extended by the laws of this state to nonresidents earning or	95287
receiving income in this state, and any resident who becomes a	95288
nonresident or conceals ~~his~~the person's whereabouts thereby makes	95289
the secretary of state ~~his~~the person's agent for the service of	95290
process or notice in any assessment, action, or proceedings	95291
instituted in this state against such person under this chapter,	95292
such process or notice shall be served ~~by the officer to whom the~~	95293
~~same is directed by the tax commissioner, or by the sheriff of~~	95294
~~Franklin county, who may be deputized for such purpose by the~~	95295
~~officer to whom the service is directed, upon the secretary of~~	95296
~~state by leaving at the secretary's office at least fifteen days~~	95297
~~before the return day of such process or notice, a true and~~	95298
~~attested copy thereof, and by sending to the defendant by~~	95299
~~certified mail, postage prepaid, a like and true attested copy,~~	95300
~~with an endorsement thereon of the service upon the secretary of~~	95301
~~state, addressed to such defendant at his last known address~~as	95302
provided under section 5703.37 of the Revised Code.	95303

Sec. 5747.66. (A) Any term used in this section has the same	95304
meaning as in section 122.85 of the Revised Code.	95305

(B) There is allowed a credit against the tax imposed by	95306
section 5747.02 of the Revised Code for any individual who, on the	95307
last day of the individual's taxable year, is the certificate	95308
owner of a tax credit certificate issued under section 122.85 of	95309
the Revised Code. The credit shall be claimed for the taxable year	95310
that includes the date the certificate was issued by the director	95311
of development. The credit amount equals the amount stated in the	95312
certificate. The credit shall be claimed in the order required	95313
under section 5747.98 of the Revised Code. If the credit amount	95314
exceeds the tax otherwise due under section 5747.02 of the Revised	95315
Code after deducting all other credits in that order, the excess	95316
shall be refunded.	95317

Nothing in this section limits or disallows pass-through	95318
treatment of the credit.	95319

Sec. 5747.98. (A) To provide a uniform procedure for	95320
calculating the amount of tax due under section 5747.02 of the	95321
Revised Code, a taxpayer shall claim any credits to which the	95322
taxpayer is entitled in the following order:	95323

(1) The retirement income credit under division (B) of	95324
section 5747.055 of the Revised Code;	95325

(2) The senior citizen credit under division (C) of section	95326
5747.05 of the Revised Code;	95327

(3) The lump sum distribution credit under division (D) of	95328
section 5747.05 of the Revised Code;	95329

(4) The dependent care credit under section 5747.054 of the	95330
Revised Code;	95331

(5) The lump sum retirement income credit under division (C)	95332
of section 5747.055 of the Revised Code;	95333

(6) The lump sum retirement income credit under division (D)	95334
of section 5747.055 of the Revised Code;	95335

(7) The lump sum retirement income credit under division (E)	95336
of section 5747.055 of the Revised Code;	95337

(8) The low-income credit under section 5747.056 of the	95338
Revised Code;	95339

(9) The credit for displaced workers who pay for job training	95340
under section 5747.27 of the Revised Code;	95341

(10) The campaign contribution credit under section 5747.29	95342
of the Revised Code;	95343

(11) The twenty-dollar personal exemption credit under	95344
section 5747.022 of the Revised Code;	95345

(12) The joint filing credit under division (G) of section	95346
5747.05 of the Revised Code;	95347

(13) The nonresident credit under division (A) of section	95348
5747.05 of the Revised Code;	95349

(14) The credit for a resident's out-of-state income under	95350
division (B) of section 5747.05 of the Revised Code;	95351

(15) The credit for employers that enter into agreements with	95352
child day-care centers under section 5747.34 of the Revised Code;	95353

(16) The credit for employers that reimburse employee child	95354
care expenses under section 5747.36 of the Revised Code;	95355

(17) The credit for adoption of a minor child under section	95356
5747.37 of the Revised Code;	95357

(18) The credit for purchases of lights and reflectors under	95358
section 5747.38 of the Revised Code;	95359

(19) The job retention credit under division (B) of section	95360
5747.058 of the Revised Code;	95361

(20) The credit for selling alternative fuel under section	95362
5747.77 of the Revised Code;	95363

(21) The second credit for purchases of new manufacturing	95364
machinery and equipment and the credit for using Ohio coal under	95365
section 5747.31 of the Revised Code;	95366

(22) The job training credit under section 5747.39 of the	95367
Revised Code;	95368

(23) The enterprise zone credit under section 5709.66 of the	95369
Revised Code;	95370

(24) The credit for the eligible costs associated with a	95371
voluntary action under section 5747.32 of the Revised Code;	95372

(25) The credit for employers that establish on-site child	95373
day-care centers under section 5747.35 of the Revised Code;	95374

(26) The ethanol plant investment credit under section	95375
5747.75 of the Revised Code;	95376

(27) The credit for purchases of qualifying grape production	95377
property under section 5747.28 of the Revised Code;	95378

(28) The export sales credit under section 5747.057 of the	95379
Revised Code;	95380

(29) The credit for research and development and technology	95381
transfer investors under section 5747.33 of the Revised Code;	95382

(30) The enterprise zone credits under section 5709.65 of the	95383
Revised Code;	95384

(31) The research and development credit under section	95385
5747.331 of the Revised Code;	95386

(32) The credit for rehabilitating a historic building under	95387
section 5747.76 of the Revised Code;	95388

(33) The refundable credit for rehabilitating a historic	95389
building under section 5747.76 of the Revised Code;	95390

(34) The refundable jobs creation credit under division (A)	95391
of section 5747.058 of the Revised Code;	95392

(35) The refundable credit for taxes paid by a qualifying	95393
entity granted under section 5747.059 of the Revised Code;	95394

(36) The refundable credits for taxes paid by a qualifying	95395
pass-through entity granted under division (J) of section 5747.08	95396
of the Revised Code;	95397

(37) The refundable credit for tax withheld under division	95398
(B)(1) of section 5747.062 of the Revised Code;	95399

(38) The refundable credit under section 5747.80 of the	95400
Revised Code for losses on loans made to the Ohio venture capital	95401
program under sections 150.01 to 150.10 of the Revised Code;	95402

(39) The refundable motion picture production credit under	95403
section 5747.66 of the Revised Code.	95404

(B) For any credit, except the refundable credits enumerated	95405
in ~~divisions (A)(33) to (38) of~~ this section and the credit	95406
granted under division (I) of section 5747.08 of the Revised	95407
Code, the amount of the credit for a taxable year shall not	95408
exceed the tax due after allowing for any other credit that	95409
precedes it in the order required under this section. Any excess	95410
amount of a particular credit may be carried forward if	95411
authorized under the section creating that credit. Nothing in	95412
this chapter shall be construed to allow a taxpayer to claim,	95413
directly or indirectly, a credit more than once for a taxable	95414
year.	95415

Sec. 5748.02. (A) The board of education of any school	95416
district, except a joint vocational school district, may declare,	95417
by resolution, the necessity of raising annually a specified	95418
amount of money for school district purposes. The resolution shall	95419
specify whether the income that is to be subject to the tax is	95420
taxable income of individuals and estates as defined in divisions	95421
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	95422
taxable income of individuals as defined in division (E)(1)(b) of	95423
that section. A copy of the resolution shall be certified to the	95424
tax commissioner no later than eighty-five days prior to the date	95425
of the election at which the board intends to propose a levy under	95426
this section. Upon receipt of the copy of the resolution, the tax	95427
commissioner shall estimate both of the following:	95428

(1) The property tax rate that would have to be imposed in	95429
the current year by the district to produce an equivalent amount	95430
of money;	95431

(2) The income tax rate that would have had to have been in	95432
effect for the current year to produce an equivalent amount of	95433
money from a school district income tax.	95434

Within ten days of receiving the copy of the board's	95435
resolution, the commissioner shall prepare these estimates and	95436
certify them to the board. Upon receipt of the certification, the	95437
board may adopt a resolution proposing an income tax under	95438
division (B) of this section at the estimated rate contained in	95439
the certification rounded to the nearest one-fourth of one per	95440
cent. The commissioner's certification applies only to the board's	95441
proposal to levy an income tax at the election for which the board	95442
requested the certification. If the board intends to submit a	95443
proposal to levy an income tax at any other election, it shall	95444
request another certification for that election in the manner	95445
prescribed in this division.	95446

(B)(1) Upon the receipt of a certification from the tax	95447
commissioner under division (A) of this section, a majority of the	95448
members of a board of education may adopt a resolution proposing	95449
the levy of an annual tax for school district purposes on school	95450
district income. The proposed levy may be for a continuing period	95451
of time or for a specified number of years. The resolution shall	95452
set forth the purpose for which the tax is to be imposed, the rate	95453
of the tax, which shall be the rate set forth in the	95454
commissioner's certification rounded to the nearest one-fourth of	95455
one per cent, the number of years the tax will be levied or that	95456
it will be levied for a continuing period of time, the date on	95457
which the tax shall take effect, which shall be the first day of	95458
January of any year following the year in which the question is	95459
submitted, and the date of the election at which the proposal	95460
shall be submitted to the electors of the district, which shall be	95461
on the date of a primary, general, or special election the date of	95462
which is consistent with section 3501.01 of the Revised Code. The	95463
resolution shall specify whether the income that is to be subject	95464
to the tax is taxable income of individuals and estates as defined	95465
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	95466
Code or taxable income of individuals as defined in division	95467
(E)(1)(b) of that section. The specification shall be the same as	95468
the specification in the resolution adopted and certified under	95469
division (A) of this section.	95470

If the tax is to be levied for current expenses and permanent	95471
improvements, the resolution shall apportion the annual rate of	95472
the tax. The apportionment may be the same or different for each	95473
year the tax is levied, but the respective portions of the rate	95474
actually levied each year for current expenses and for permanent	95475
improvements shall be limited by the apportionment.	95476

If the board of education currently imposes an income tax	95477
pursuant to this chapter that is due to expire and a question is	95478
submitted under this section for a proposed income tax to take	95479
effect upon the expiration of the existing tax, the board may	95480
specify in the resolution that the proposed tax renews the	95481
expiring tax ~~and is not an additional income tax, provided that~~.	95482
Two or more expiring income taxes may be renewed under this	95483
paragraph if the taxes are due to expire on the same date. If the	95484
tax rate being proposed is no higher than the total tax rate ~~that~~	95485
~~is currently~~ imposed by the expiring tax or taxes, the resolution	95486
may state that the proposed tax is not an additional income tax.	95487

(2) A board of education adopting a resolution under division	95488
(B)(1) of this section proposing a school district income tax for	95489
a continuing period of time and limited to the purpose of current	95490
expenses may propose in that resolution to reduce the rate or	95491
rates of one or more of the school district's property taxes	95492
levied for a continuing period of time in excess of the ten-mill	95493
limitation for the purpose of current expenses. The reduction in	95494
the rate of a property tax may be any amount, expressed in mills	95495
per one dollar in valuation, not exceeding the rate at which the	95496
tax is authorized to be levied. The reduction in the rate of a tax	95497
shall first take effect for the tax year that includes the day on	95498
which the school district income tax first takes effect, and shall	95499
continue for each tax year that both the school district income	95500
tax and the property tax levy are in effect.	95501

In addition to the matters required to be set forth in the	95502
resolution under division (B)(1) of this section, a resolution	95503
containing a proposal to reduce the rate of one or more property	95504
taxes shall state for each such tax the maximum rate at which it	95505
currently may be levied and the maximum rate at which the tax	95506
could be levied after the proposed reduction, expressed in mills	95507
per one dollar in valuation, and that the tax is levied for a	95508
continuing period of time.	95509

If a board of education proposes to reduce the rate of one or	95510
more property taxes under division (B)(2) of this section, the	95511
board, when it makes the certification required under division (A)	95512
of this section, shall designate the specific levy or levies to be	95513
reduced, the maximum rate at which each levy currently is	95514
authorized to be levied, and the rate by which each levy is	95515
proposed to be reduced. The tax commissioner, when making the	95516
certification to the board under division (A) of this section,	95517
also shall certify the reduction in the total effective tax rate	95518
for current expenses for each class of property that would have	95519
resulted if the proposed reduction in the rate or rates had been	95520
in effect the previous tax year. As used in this paragraph,	95521
"effective tax rate" has the same meaning as in section 323.08 of	95522
the Revised Code.	95523

(C) A resolution adopted under division (B) of this section	95524
shall go into immediate effect upon its passage, and no	95525
publication of the resolution shall be necessary other than that	95526
provided for in the notice of election. Immediately after its	95527
adoption and at least seventy-five days prior to the election at	95528
which the question will appear on the ballot, a copy of the	95529
resolution shall be certified to the board of elections of the	95530
proper county, which shall submit the proposal to the electors on	95531
the date specified in the resolution. The form of the ballot shall	95532
be as provided in section 5748.03 of the Revised Code. Publication	95533
of notice of the election shall be made in one or more newspapers	95534
of general circulation in the county once a week for two	95535
consecutive weeks prior to the election, and, if the board of	95536
elections operates and maintains a web site, the board of	95537
elections shall post notice of the election on its web site for	95538
thirty days prior to the election. The notice shall contain the	95539
time and place of the election and the question to be submitted to	95540
the electors. The question covered by the resolution shall be	95541
submitted as a separate proposition, but may be printed on the	95542
same ballot with any other proposition submitted at the same	95543
election, other than the election of officers.	95544

(D) No board of education shall submit the question of a tax	95545
on school district income to the electors of the district more	95546
than twice in any calendar year. If a board submits the question	95547
twice in any calendar year, one of the elections on the question	95548
shall be held on the date of the general election.	95549

(E)(1) No board of education may submit to the electors of	95550
the district the question of a tax on school district income on	95551
the taxable income of individuals as defined in division (E)(1)(b)	95552
of section 5748.01 of the Revised Code if that tax would be in	95553
addition to an existing tax on the taxable income of individuals	95554
and estates as defined in divisions (E)(1)(a) and (2) of that	95555
section.	95556

(2) No board of education may submit to the electors of the	95557
district the question of a tax on school district income on the	95558
taxable income of individuals and estates as defined in divisions	95559
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	95560
tax would be in addition to an existing tax on the taxable income	95561
of individuals as defined in division (E)(1)(b) of that section.	95562

Sec. 5748.03. (A) The form of the ballot on a question	95563
submitted to the electors under section 5748.02 of the Revised	95564
Code shall be as follows:	95565

"Shall an annual income tax of ....... (state the proposed	95566
rate of tax) on the school district income of individuals and of	95567
estates be imposed by ....... (state the name of the school	95568
district), for ....... (state the number of years the tax would be	95569
levied, or that it would be levied for a continuing period of	95570
time), beginning ....... (state the date the tax would first take	95571
effect), for the purpose of ...... (state the purpose of the tax)?	95572

95573

		FOR THE TAX			95574
		AGAINST THE TAX	"		95575

95576

(B)(1) If the question submitted to electors proposes a	95577
school district income tax only on the taxable income of	95578
individuals as defined in division (E)(1)(b) of section 5748.01 of	95579
the Revised Code, the form of the ballot shall be modified by	95580
stating that the tax is to be levied on the "earned income of	95581
individuals residing in the school district" in lieu of the	95582
"school district income of individuals and of estates."	95583

(2) If the question submitted to electors proposes to renew	95584
anone or more expiring income tax levies, the ballot shall be	95585
modified by adding the following language immediately after the	95586
name of the school district that would impose the tax: "to renew	95587
an income tax (or income taxes) expiring at the end of ........	95588
(state the last year the existing income tax or taxes may be	95589
levied)."	95590

(3) If the question includes a proposal under division (B)(2)	95591
of section 5748.02 of the Revised Code to reduce the rate of one	95592
or more school district property taxes, the ballot shall state	95593
that the purpose of the school district income tax is for current	95594
expenses, and the form of the ballot shall be modified by adding	95595
the following language immediately after the statement of the	95596
purpose of the proposed income tax: ", and shall the rate of an	95597
existing tax on property, currently levied for the purpose of	95598
current expenses at the rate of ....... mills, be REDUCED to	95599
....... mills until any such time as the income tax is repealed."	95600
In lieu of "for the tax" and "against the tax," the phrases "for	95601
the issue" and "against the issue," respectively, shall be used.	95602
If a board of education proposes a reduction in the rates of more	95603
than one tax, the ballot language shall be modified accordingly to	95604
express the rates at which those taxes currently are levied and	95605
the rates to which the taxes will be reduced.	95606

(C) The board of elections shall certify the results of the	95607
election to the board of education and to the tax commissioner. If	95608
a majority of the electors voting on the question vote in favor of	95609
it, the income tax, the applicable provisions of Chapter 5747. of	95610
the Revised Code, and the reduction in the rate or rates of	95611
existing property taxes if the question included such a reduction	95612
shall take effect on the date specified in the resolution. If the	95613
question approved by the voters includes a reduction in the rate	95614
of a school district property tax, the board of education shall	95615
not levy the tax at a rate greater than the rate to which the tax	95616
is reduced, unless the school district income tax is repealed in	95617
an election under section 5748.04 of the Revised Code.	95618

(D) If the rate at which a property tax is levied and	95619
collected is reduced pursuant to a question approved under this	95620
section, the tax commissioner shall compute the percentage	95621
required to be computed for that tax under division (D) of section	95622
319.301 of the Revised Code each year the rate is reduced as if	95623
the tax had been levied in the preceding year at the rate at which	95624
it has been reduced. If the rate of a property tax increases due	95625
to the repeal of the school district income tax pursuant to	95626
section 5748.04 of the Revised Code, the tax commissioner, for the	95627
first year for which the rate increases, shall compute the	95628
percentage as if the tax in the preceding year had been levied at	95629
the rate at which the tax was authorized to be levied prior to any	95630
rate reduction.	95631

Sec. 5749.02. (A) For the purpose of providing revenue to	95632
administer the state's coal mining and reclamation regulatory	95633
program, to meet the environmental and resource management needs	95634
of this state, and to reclaim land affected by mining, an excise	95635
tax is hereby levied on the privilege of engaging in the severance	95636
of natural resources from the soil or water of this state. The tax	95637
shall be imposed upon the severer and shall be:	95638

(1) Ten cents per ton of coal;

95639

(2) Four cents per ton of salt;

95640

(3) Two cents per ton of limestone or dolomite;

95641

(4) Two cents per ton of sand and gravel;

95642

(5) Ten cents per barrel of oil;

95643

(6) Two and one-half cents per thousand cubic feet of natural	95644
gas;	95645

(7) One cent per ton of clay, sandstone or conglomerate,	95646
shale, gypsum, or quartzite;	95647

(8) Except as otherwise provided in this division or in rules	95648
adopted by the reclamation forfeiture fund advisory board under	95649
section 1513.182 of the Revised Code, an additional fourteen cents	95650
per ton of coal produced from an area under a coal mining and	95651
reclamation permit issued under Chapter 1513. of the Revised Code	95652
for which the performance security is provided under division	95653
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	95654
2007, if at the end of a fiscal biennium the balance of the	95655
reclamation forfeiture fund created in section 1513.18 of the	95656
Revised Code is equal to or greater than ten million dollars, the	95657
rate levied shall be twelve cents per ton. Beginning July 1,	95658
2007, if at the end of a fiscal biennium the balance of the fund	95659
is at least five million dollars, but less than ten million	95660
dollars, the rate levied shall be fourteen cents per ton.	95661
Beginning July 1, 2007, if at the end of a fiscal biennium the	95662
balance of the fund is less than five million dollars, the rate	95663
levied shall be sixteen cents per ton. Beginning July 1, 2009,	95664
not later than thirty days after the close of a fiscal biennium,	95665
the chief of the division of mineral resources management shall	95666
certify to the tax commissioner the amount of the balance of the	95667
reclamation forfeiture fund as of the close of the fiscal	95668
biennium. Any necessary adjustment of the rate levied shall take	95669
effect on the first day of the following January and shall remain	95670
in effect during the calendar biennium that begins on that date.	95671

(9) An additional one and two-tenths cents per ton of coal	95672
mined by surface mining methods.	95673

(B) Of the moneys received by the treasurer of state from the	95674
tax levied in division (A)(1) of this section, four and	95675
seventy-six-hundredths per cent shall be credited to the	95676
geological mapping fund created in section 1505.09 of the Revised	95677
Code, eighty and ninety-five-hundredths per cent shall be credited	95678
to the coal mining administration and reclamation reserve fund	95679
created in section 1513.181 of the Revised Code, and fourteen and	95680
twenty-nine-hundredths per cent shall be credited to the	95681
unreclaimed lands fund created in section 1513.30 of the Revised	95682
Code.	95683

Fifteen per cent of the moneys received by the treasurer of	95684
state from the tax levied in division (A)(2) of this section shall	95685
be credited to the geological mapping fund and the remainder shall	95686
be credited to the ~~unreclaimed lands fund~~permit and lease fund	95687
created in section 1506.41 of the Revised Code.	95688

Of the moneys received by the treasurer of state from the tax	95689
levied in divisions (A)(3) and (4) of this section, seven and	95690
five-tenths per cent shall be credited to the geological mapping	95691
fund, forty-two and five-tenths per cent shall be credited to the	95692
unreclaimed lands fund, and the remainder shall be credited to the	95693
surface mining fund created in section 1514.06 of the Revised	95694
Code.	95695

Of the moneys received by the treasurer of state from the tax	95696
levied in divisions (A)(5) and (6) of this section, ninety per	95697
cent shall be credited to the oil and gas well fund created in	95698
section 1509.02 of the Revised Code and ten per cent shall be	95699
credited to the geological mapping fund. All of the moneys	95700
received by the treasurer of state from the tax levied in division	95701
(A)(7) of this section shall be credited to the surface mining	95702
fund.	95703

All of the moneys received by the treasurer of state from the	95704
tax levied in division (A)(8) of this section shall be credited to	95705
the reclamation forfeiture fund.	95706

All of the moneys received by the treasurer of state from the	95707
tax levied in division (A)(9) of this section shall be credited to	95708
the unreclaimed lands fund.	95709

(C) When, at the close of any fiscal year, the chief finds	95710
that the balance of the reclamation forfeiture fund, plus	95711
estimated transfers to it from the coal mining administration and	95712
reclamation reserve fund under section 1513.181 of the Revised	95713
Code, plus the estimated revenues from the tax levied by division	95714
(A)(8) of this section for the remainder of the calendar year that	95715
includes the close of the fiscal year, are sufficient to complete	95716
the reclamation of lands for which the performance security has	95717
been provided under division (C)(2) of section 1513.08 of the	95718
Revised Code, the purposes for which the tax under division (A)(8)	95719
of this section is levied shall be deemed accomplished at the end	95720
of that calendar year. The chief, within thirty days after the	95721
close of the fiscal year, shall certify those findings to the tax	95722
commissioner, and the tax levied under division (A)(8) of this	95723
section shall cease to be imposed after the last day of that	95724
calendar year on coal produced under a coal mining and reclamation	95725
permit issued under Chapter 1513. of the Revised Code if the	95726
permittee has made tax payments under division (A)(8) of this	95727
section during each of the preceding five full calendar years. Not	95728
later than thirty days after the close of a fiscal year, the chief	95729
shall certify to the tax commissioner the identity of any	95730
permittees who accordingly no longer are required to pay the tax	95731
levied under division (A)(8) of this section.	95732

Sec. 5749.12. Any nonresident of this state who accepts the	95733
privilege extended by the laws of this state to nonresidents	95734
severing natural resources in this state, and any resident of this	95735
state who subsequently becomes a nonresident or conceals ~~his~~the	95736
resident's whereabouts, makes the secretary of state of Ohio ~~his~~	95737
the person's agent for the service of process or notice in any	95738
assessment, action or proceedings instituted in this state against	95739
such person under this chapter.	95740

Such process or notice shall be served~~, by the officer to~~	95741
~~whom the same is directed by the tax commissioner or by the~~	95742
~~sheriff of Franklin county, who may be deputized for such purpose~~	95743
~~by the officer to whom the service is directed, upon the secretary~~	95744
~~of state by leaving at the office of the secretary of state, at~~	95745
~~least fifteen days before the return day of such process or~~	95746
~~notice, a true and attested copy thereof, and by sending to the~~	95747
~~defendant by certified mail, a like and true attested copy, with~~	95748
~~an endorsement thereon of the service upon said secretary of~~	95749
~~state, addressed to such defendant at his last known address~~as	95750
provided under section 5703.37 of the Revised Code.	95751

Sec. 5751.01. As used in this chapter:

95752

(A) "Person" means, but is not limited to, individuals,	95753
combinations of individuals of any form, receivers, assignees,	95754
trustees in bankruptcy, firms, companies, joint-stock companies,	95755
business trusts, estates, partnerships, limited liability	95756
partnerships, limited liability companies, associations, joint	95757
ventures, clubs, societies, for-profit corporations, S	95758
corporations, qualified subchapter S subsidiaries, qualified	95759
subchapter S trusts, trusts, entities that are disregarded for	95760
federal income tax purposes, and any other entities. ~~"Person" does~~	95761
~~not include nonprofit organizations or the state, its agencies,~~	95762
~~its instrumentalities, and its political subdivisions.~~	95763

(B) "Consolidated elected taxpayer" means a group of two or	95764
more persons treated as a single taxpayer for purposes of this	95765
chapter as the result of an election made under section 5751.011	95766
of the Revised Code.	95767

(C) "Combined taxpayer" means a group of two or more persons	95768
treated as a single taxpayer for purposes of this chapter under	95769
section 5751.012 of the Revised Code.	95770

(D) "Taxpayer" means any person, or any group of persons in	95771
the case of a consolidated elected taxpayer or combined taxpayer	95772
treated as one taxpayer, required to register or pay tax under	95773
this chapter. "Taxpayer" does not include excluded persons.	95774

(E) "Excluded person" means any of the following:

95775

(1) Any person with not more than one hundred fifty thousand	95776
dollars of taxable gross receipts during the calendar year.	95777
Division (E)(1) of this section does not apply to a person that is	95778
a member of a ~~group that is a~~ consolidated elected taxpayer ~~or a~~	95779
~~combined taxpayer~~;	95780

(2) A public utility that paid the excise tax imposed by	95781
section 5727.24 or 5727.30 of the Revised Code based on one or	95782
more measurement periods that include the entire tax period under	95783
this chapter, except that a public utility that is a combined	95784
company is a taxpayer with regard to the following gross receipts:	95785

(a) Taxable gross receipts directly attributed to a public	95786
utility activity, but not directly attributed to an activity that	95787
is subject to the excise tax imposed by section 5727.24 or 5727.30	95788
of the Revised Code;	95789

(b) Taxable gross receipts that cannot be directly attributed	95790
to any activity, multiplied by a fraction whose numerator is the	95791
taxable gross receipts described in division (E)(2)(a) of this	95792
section and whose denominator is the total taxable gross receipts	95793
that can be directly attributed to any activity;	95794

(c) Except for any differences resulting from the use of an	95795
accrual basis method of accounting for purposes of determining	95796
gross receipts under this chapter and the use of the cash basis	95797
method of accounting for purposes of determining gross receipts	95798
under section 5727.24 of the Revised Code, the gross receipts	95799
directly attributed to the activity of a natural gas company shall	95800
be determined in a manner consistent with division (D) of section	95801
5727.03 of the Revised Code.	95802

As used in division (E)(2) of this section, "combined	95803
company" and "public utility" have the same meanings as in section	95804
5727.01 of the Revised Code.	95805

(3) A financial institution, as defined in section 5725.01 of	95806
the Revised Code, that paid the corporation franchise tax charged	95807
by division (D) of section 5733.06 of the Revised Code based on	95808
one or more taxable years that include the entire tax period under	95809
this chapter;	95810

(4) A dealer in intangibles, as defined in section 5725.01 of	95811
the Revised Code, that paid the dealer in intangibles tax levied	95812
by division (D) of section 5707.03 of the Revised Code based on	95813
one or more measurement periods that include the entire tax period	95814
under this chapter;	95815

(5) A financial holding company as defined in the "Bank	95816
Holding Company Act," 12 U.S.C. 1841(p);	95817

(6) A bank holding company as defined in the "Bank Holding	95818
Company Act," 12 U.S.C. 1841(a);	95819

(7) A savings and loan holding company as defined in the	95820
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	95821
only in activities or investments permissible for a financial	95822
holding company under 12 U.S.C. 1843(k);	95823

(8) A person directly or indirectly owned by one or more	95824
financial institutions, financial holding companies, bank holding	95825
companies, or savings and loan holding companies described in	95826
division (E)(3), (5), (6), or (7) of this section that is engaged	95827
in activities permissible for a financial holding company under 12	95828
U.S.C. 1843(k), except that any such person held pursuant to	95829
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	95830
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	95831
directly or indirectly owned by one or more insurance companies	95832
described in division (E)(9) of this section that is authorized to	95833
do the business of insurance in this state.	95834

For the purposes of division (E)(8) of this section, a person	95835
owns another person under the following circumstances:	95836

(a) In the case of corporations issuing capital stock, one	95837
corporation owns another corporation if it owns fifty per cent or	95838
more of the other corporation's capital stock with current voting	95839
rights;	95840

(b) In the case of a limited liability company, one person	95841
owns the company if that person's membership interest, as defined	95842
in section 1705.01 of the Revised Code, is fifty per cent or more	95843
of the combined membership interests of all persons owning such	95844
interests in the company;	95845

(c) In the case of a partnership, trust, or other	95846
unincorporated business organization other than a limited	95847
liability company, one person owns the organization if, under the	95848
articles of organization or other instrument governing the affairs	95849
of the organization, that person has a beneficial interest in the	95850
organization's profits, surpluses, losses, or distributions of	95851
fifty per cent or more of the combined beneficial interests of all	95852
persons having such an interest in the organization;	95853

(d) In the case of multiple ownership, the ownership	95854
interests of more than one person may be aggregated to meet the	95855
fifty per cent ownership tests in this division only when each	95856
such owner is described in division (E)(3), (5), (6), or (7) of	95857
this section and is engaged in activities permissible for a	95858
financial holding company under 12 U.S.C. 1843(k) or is a person	95859
directly or indirectly owned by one or more insurance companies	95860
described in division (E)(9) of this section that is authorized to	95861
do the business of insurance in this state.	95862

(9) A domestic insurance company or foreign insurance	95863
company, as defined in section 5725.01 of the Revised Code, that	95864
paid the insurance company premiums tax imposed by section 5725.18	95865
or Chapter 5729. of the Revised Code based on one or more	95866
measurement periods that include the entire tax period under this	95867
chapter;	95868

(10) A person that solely facilitates or services one or more	95869
securitizations or similar transactions for any person described	95870
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	95871
For purposes of this division, "securitization" means transferring	95872
one or more assets to one or more persons and then issuing	95873
securities backed by the right to receive payment from the asset	95874
or assets so transferred.	95875

(11) Except as otherwise provided in this division, a	95876
pre-income tax trust as defined in division (FF)(4) of section	95877
5747.01 of the Revised Code and any pass-through entity of which	95878
such pre-income tax trust owns or controls, directly, indirectly,	95879
or constructively through related interests, more than five per	95880
cent of the ownership or equity interests. If the pre-income tax	95881
trust has made a qualifying pre-income tax trust election under	95882
division (FF)(3) of section 5747.01 of the Revised Code, then the	95883
trust and the pass-through entities of which it owns or controls,	95884
directly, indirectly, or constructively through related interests,	95885
more than five per cent of the ownership or equity interests,	95886
shall not be excluded persons for purposes of the tax imposed	95887
under section 5751.02 of the Revised Code.	95888

(12) Nonprofit organizations or the state and its agencies,	95889
instrumentalities, or political subdivisions.	95890

(F) Except as otherwise provided in divisions (F)(2), (3),	95891
and (4) of this section, "gross receipts" means the total amount	95892
realized by a person, without deduction for the cost of goods sold	95893
or other expenses incurred, that contributes to the production of	95894
gross income of the person, including the fair market value of any	95895
property and any services received, and any debt transferred or	95896
forgiven as consideration.	95897

(1) The following are examples of gross receipts:

95898

(a) Amounts realized from the sale, exchange, or other	95899
disposition of the taxpayer's property to or with another;	95900

(b) Amounts realized from the taxpayer's performance of	95901
services for another;	95902

(c) Amounts realized from another's use or possession of the	95903
taxpayer's property or capital;	95904

(d) Any combination of the foregoing amounts.

95905

(2) "Gross receipts" excludes the following amounts:

95906

(a) Interest income except interest on credit sales;

95907

(b) Dividends and distributions from corporations, and	95908
distributive or proportionate shares of receipts and income from a	95909
pass-through entity as defined under section 5733.04 of the	95910
Revised Code;	95911

(c) Receipts from the sale, exchange, or other disposition of	95912
an asset described in section 1221 or 1231 of the Internal Revenue	95913
Code, without regard to the length of time the person held the	95914
asset. Notwithstanding section 1221 of the Internal Revenue Code,	95915
receipts from hedging transactions also are excluded to the extent	95916
the transactions are entered into primarily to protect a financial	95917
position, such as managing the risk of exposure to (i) foreign	95918
currency fluctuations that affect assets, liabilities, profits,	95919
losses, equity, or investments in foreign operations; (ii)	95920
interest rate fluctuations; or (iii) commodity price fluctuations.	95921
As used in division (F)(2)(c) of this section, "hedging	95922
transaction" has the same meaning as used in section 1221 of the	95923
Internal Revenue Code and also includes transactions accorded	95924
hedge accounting treatment under statement of financial accounting	95925
standards number 133 of the financial accounting standards board.	95926
For the purposes of division (F)(2)(c) of this section, the actual	95927
transfer of title of real or tangible personal property to another	95928
entity is not a hedging transaction.	95929

(d) Proceeds received attributable to the repayment,	95930
maturity, or redemption of the principal of a loan, bond, mutual	95931
fund, certificate of deposit, or marketable instrument;	95932

(e) The principal amount received under a repurchase	95933
agreement or on account of any transaction properly characterized	95934
as a loan to the person;	95935

(f) Contributions received by a trust, plan, or other	95936
arrangement, any of which is described in section 501(a) of the	95937
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	95938
1, Subchapter (D) of the Internal Revenue Code applies;	95939

(g) Compensation, whether current or deferred, and whether in	95940
cash or in kind, received or to be received by an employee, former	95941
employee, or the employee's legal successor for services rendered	95942
to or for an employer, including reimbursements received by or for	95943
an individual for medical or education expenses, health insurance	95944
premiums, or employee expenses, or on account of a dependent care	95945
spending account, legal services plan, any cafeteria plan	95946
described in section 125 of the Internal Revenue Code, or any	95947
similar employee reimbursement;	95948

(h) Proceeds received from the issuance of the taxpayer's own	95949
stock, options, warrants, puts, or calls, or from the sale of the	95950
taxpayer's treasury stock;	95951

(i) Proceeds received on the account of payments from ~~life~~	95952
insurance policies, except those proceeds received for the loss of	95953
business revenue;	95954

(j) Gifts or charitable contributions received,; membership	95955
dues received,by trade, professional, homeowners', or condominium	95956
associations; and payments received for educational courses,	95957
meetings, meals, or similar payments to a trade, professional, or	95958
other similar association; and fundraising receipts received by	95959
any person when any excess receipts are donated or used	95960
exclusively for charitable purposes~~; and proceeds received by a~~	95961
~~nonprofit organization including proceeds realized with regard to~~	95962
~~its unrelated business taxable income~~;	95963

(k) Damages received as the result of litigation in excess of	95964
amounts that, if received without litigation, would be gross	95965
receipts;	95966

(l) Property, money, and other amounts received or acquired	95967
by an agent on behalf of another in excess of the agent's	95968
commission, fee, or other remuneration;	95969

(m) Tax refunds, other tax benefit recoveries, and	95970
reimbursements for the tax imposed under this chapter made by	95971
entities that are part of the same combined taxpayer or	95972
consolidated elected taxpayer group, and reimbursements made by	95973
entities that are not members of a combined taxpayer or	95974
consolidated elected taxpayer group that are required to be made	95975
for economic parity among multiple owners of an entity whose tax	95976
obligation under this chapter is required to be reported and paid	95977
entirely by one owner, pursuant to the requirements of sections	95978
5751.011 and 5751.012 of the Revised Code;	95979

(n) Pension reversions;

95980

(o) Contributions to capital;

95981

(p) Sales or use taxes collected as a vendor or an	95982
out-of-state seller on behalf of the taxing jurisdiction from a	95983
consumer or other taxes the taxpayer is required by law to collect	95984
directly from a purchaser and remit to a local, state, or federal	95985
tax authority;	95986

(q) In the case of receipts from the sale of cigarettes or	95987
tobacco products by a wholesale dealer, retail dealer,	95988
distributor, manufacturer, or seller, all as defined in section	95989
5743.01 of the Revised Code, an amount equal to the federal and	95990
state excise taxes paid by any person on or for such cigarettes or	95991
tobacco products under subtitle E of the Internal Revenue Code or	95992
Chapter 5743. of the Revised Code;	95993

(r) In the case of receipts from the sale of motor fuel by a	95994
licensed motor fuel dealer, licensed retail dealer, or licensed	95995
permissive motor fuel dealer, all as defined in section 5735.01 of	95996
the Revised Code, an amount equal to federal and state excise	95997
taxes paid by any person on such motor fuel under section 4081 of	95998
the Internal Revenue Code or Chapter 5735. of the Revised Code;	95999

(s) In the case of receipts from the sale of beer or	96000
intoxicating liquor, as defined in section 4301.01 of the Revised	96001
Code, by a person holding a permit issued under Chapter 4301. or	96002
4303. of the Revised Code, an amount equal to federal and state	96003
excise taxes paid by any person on or for such beer or	96004
intoxicating liquor under subtitle E of the Internal Revenue Code	96005
or Chapter 4301. or 4305. of the Revised Code;	96006

(t) Receipts realized by a new motor vehicle dealer or used	96007
motor vehicle dealer, as defined in section 4517.01 of the Revised	96008
Code, from the sale or other transfer of a motor vehicle, as	96009
defined in that section, to another motor vehicle dealer for the	96010
purpose of resale by the transferee motor vehicle dealer, but only	96011
if the sale or other transfer was based upon the transferee's need	96012
to meet a specific customer's preference for a motor vehicle;	96013

(u) Receipts from a financial institution described in	96014
division (E)(3) of this section for services provided to the	96015
financial institution in connection with the issuance, processing,	96016
servicing, and management of loans or credit accounts, if such	96017
financial institution and the recipient of such receipts have at	96018
least fifty per cent of their ownership interests owned or	96019
controlled, directly or constructively through related interests,	96020
by common owners;	96021

(v) Receipts realized from administering anti-neoplastic	96022
drugs and other cancer chemotherapy, biologicals, therapeutic	96023
agents, and supportive drugs in a physician's office to patients	96024
with cancer;	96025

(w) Funds received or used by a mortgage broker that is not a	96026
dealer in intangibles, other than fees or other consideration,	96027
pursuant to a table-funding mortgage loan or warehouse-lending	96028
mortgage loan. Terms used in division (F)(2)(w) of this section	96029
have the same meanings as in section 1322.01 of the Revised Code,	96030
except "mortgage broker" means a person assisting a buyer in	96031
obtaining a mortgage loan for a fee or other consideration paid by	96032
the buyer or a lender, or a person engaged in table-funding or	96033
warehouse-lending mortgage loans that are first lien mortgage	96034
loans.	96035

(x) Property, money, and other amounts received by a	96036
professional employer organization, as defined in section 4125.01	96037
of the Revised Code, from a client employer, as defined in that	96038
section, in excess of the administrative fee charged by the	96039
professional employer organization to the client employer;	96040

(y) In the case of amounts retained as commissions by a	96041
permit holder under Chapter 3769. of the Revised Code, an amount	96042
equal to the amounts specified under that chapter that must be	96043
paid to or collected by the tax commissioner as a tax and the	96044
amounts specified under that chapter to be used as purse money;	96045

(z) Qualifying distribution center receipts.

96046

(i) For purposes of division (F)(2)(z) of this section:

96047

(I) "Qualifying distribution center receipts" means receipts	96048
of a supplier from qualified property that is delivered to a	96049
qualified distribution center, multiplied by a quantity that	96050
equals one minus the Ohio delivery percentage.	96051

(II) "Qualified property" means tangible personal property	96052
delivered to a qualified distribution center that is shipped to	96053
that qualified distribution center solely for further shipping by	96054
the qualified distribution center to another location in this	96055
state or elsewhere. "Further shipping" includes storing and	96056
repackaging such property into smaller or larger bundles, so long	96057
as such property is not subject to further manufacturing or	96058
processing.	96059

(III) "Qualified distribution center" means a warehouse or	96060
other similar facility in this state that, for the qualifying	96061
year, is operated by a person that is not part of a combined	96062
taxpayer group and that has a qualifying certificate. However, all	96063
warehouses or other similar facilities that are operated by	96064
persons in the same taxpayer group and that are located within one	96065
mile of each other shall be treated as one qualified distribution	96066
center.	96067

(IV) "Qualifying year" means the calendar year to which the	96068
qualifying certificate applies.	96069

(V) "Qualifying period" means the period of the first day of	96070
July of the second year preceding the qualifying year through the	96071
thirtieth day of June of the year preceding the qualifying year.	96072

(VI) "Qualifying certificate" means the certificate issued by	96073
the tax commissioner after the operator of a distribution center	96074
files an annual application ~~approved by the tax commissioner from~~	96075
~~an operator of a distribution center that has filed an application~~	96076
~~as prescribed by the commissioner and paid the annual fee for the~~	96077
~~qualifying certificate on or before the first day of September~~	96078
~~prior to the qualifying year or forty-five days after the opening~~	96079
~~of the distribution center, whichever is later~~with the	96080
commissioner. The application and annual fee shall be filed and	96081
paid for each qualified distribution center on or before the first	96082
day of September before the qualifying year or within forty-five	96083
days after the distribution center opens, whichever is later.	96084

The applicant must substantiate to the commissioner's	96085
satisfaction that, for the qualifying period, all persons	96086
operating the distribution center have more than fifty per cent of	96087
the cost of the qualified property shipped to a location such that	96088
it would be sitused outside this state under the provisions of	96089
division (E) of section 5751.033 of the Revised Code. The	96090
applicant must also substantiate that the distribution center	96091
cumulatively had costs from its suppliers equal to or exceeding	96092
five hundred million dollars during the qualifying period. (For	96093
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	96094
excludes any person that is part of the consolidated elected	96095
taxpayer group, if applicable, of the operator of the qualified	96096
distribution center.) The commissioner may require the applicant	96097
to have an independent certified public accountant certify that	96098
the calculation of the minimum thresholds required for a qualified	96099
distribution center by the operator of a distribution center has	96100
been made in accordance with generally accepted accounting	96101
principles. The commissioner shall issue or deny the issuance of a	96102
certificate within sixty days after the receipt of the	96103
application. A denial is subject to appeal under section 5717.02	96104
of the Revised Code. If the operator files a timely appeal under	96105
section 5717.02 of the Revised Code, the operator shall be granted	96106
a qualifying certificate, provided that the operator is liable for	96107
any tax, interest, or penalty upon amounts claimed as qualifying	96108
distribution center receipts, other than those receipts exempt	96109
under division (C)(1) of section 5751.011 of the Revised Code,	96110
that would have otherwise not been owed by its suppliers if the	96111
qualifying certificate was valid.	96112

(VII) "Ohio delivery percentage" means the proportion of the	96113
total property delivered to a destination inside Ohio from the	96114
qualified distribution center during the qualifying period	96115
compared with total deliveries from such distribution center	96116
everywhere during the qualifying period.	96117

(ii) If the distribution center is new and was not open for	96118
the entire qualifying period, the operator of the distribution	96119
center may request that the commissioner grant a qualifying	96120
certificate. If the certificate is granted and it is later	96121
determined that more than fifty per cent of the qualified property	96122
during that year was not shipped to a location such that it would	96123
be sitused outside of this state under the provisions of division	96124
(E) of section 5751.033 of the Revised Code or if it is later	96125
determined that the person that operates the distribution center	96126
had average monthly costs from its suppliers of less than forty	96127
million dollars during that year, then the operator of the	96128
distribution center shall be liable for any tax, interest, or	96129
penalty upon amounts claimed as qualifying distribution center	96130
receipts, other than those receipts exempt under division (C)(1)	96131
of section 5751.011 of the Revised Code, that would have not	96132
otherwise been owed by its suppliers during the qualifying year if	96133
the qualifying certificate was valid. (For purposes of division	96134
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	96135
is part of the consolidated elected taxpayer group, if applicable,	96136
of the operator of the qualified distribution center.)	96137

(iii) When filing an application for a qualifying certificate	96138
under division (F)(2)(z)(i)(VI) of this section, the operator of a	96139
qualified distribution center also shall provide documentation, as	96140
the commissioner requires, for the commissioner to ascertain the	96141
Ohio delivery percentage. The commissioner, upon issuing the	96142
qualifying certificate, also shall certify the Ohio delivery	96143
percentage. The operator of the qualified distribution center may	96144
appeal the commissioner's certification of the Ohio delivery	96145
percentage in the same manner as an appeal is taken from the	96146
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	96147
of this section.	96148

Within thirty days after all appeals have been exhausted, the	96149
operator of the qualified distribution center shall notify the	96150
affected suppliers of qualified property that such suppliers are	96151
required to file, within sixty days after receiving notice from	96152
the operator of the qualified distribution center, amended reports	96153
for the impacted calendar quarter or quarters or calendar year,	96154
whichever the case may be. Any additional tax liability or tax	96155
overpayment shall be subject to interest but shall not be subject	96156
to the imposition of any penalty so long as the amended returns	96157
are timely filed. The supplier of tangible personal property	96158
delivered to the qualified distribution center shall include in	96159
its report of taxable gross receipts the receipts from the total	96160
sales of property delivered to the qualified distribution center	96161
for the calendar quarter or calendar year, whichever the case may	96162
be, multiplied by the Ohio delivery percentage for the qualifying	96163
year. Nothing in division (F)(2)(z)(iii) of this section shall be	96164
construed as imposing liability on the operator of a qualified	96165
distribution center for the tax imposed by this chapter arising	96166
from any change to the Ohio delivery percentage.	96167

(iv) In the case where the distribution center is new and not	96168
open for the entire qualifying period, the operator shall make a	96169
good faith estimate of an Ohio delivery percentage for use by	96170
suppliers in their reports of taxable gross receipts for the	96171
remainder of the qualifying period. The operator of the facility	96172
shall disclose to the suppliers that such Ohio delivery percentage	96173
is an estimate and is subject to recalculation. By the due date of	96174
the next application for a qualifying certificate, the operator	96175
shall determine the actual Ohio delivery percentage for the	96176
estimated qualifying period and proceed as provided in division	96177
(F)(2)(z)(iii) of this section with respect to the calculation and	96178
recalculation of the Ohio delivery percentage. The supplier is	96179
required to file, within sixty days after receiving notice from	96180
the operator of the qualified distribution center, amended reports	96181
for the impacted calendar quarter or quarters or calendar year,	96182
whichever the case may be. Any additional tax liability or tax	96183
overpayment shall be subject to interest but shall not be subject	96184
to the imposition of any penalty so long as the amended returns	96185
are timely filed.	96186

(v) Qualifying certificates and Ohio delivery percentages	96187
issued by the commissioner shall be open to public inspection and	96188
shall be timely published by the commissioner. A supplier relying	96189
in good faith on a certificate issued under this division shall	96190
not be subject to tax on the qualifying distribution center	96191
receipts under division (F)(2)(z) of this section. A person	96192
receiving a qualifying certificate is responsible for paying the	96193
tax, interest, and penalty upon amounts claimed as qualifying	96194
distribution center receipts that would not otherwise have been	96195
owed by the supplier if the qualifying certificate were available	96196
when it is later determined that the qualifying certificate should	96197
not have been issued because the statutory requirements were in	96198
fact not met.	96199

(vi) The annual fee for a qualifying certificate shall be one	96200
hundred thousand dollars for each qualified distribution center.	96201
If a qualifying certificate is not issued, the annual fee is	96202
subject to refund after the exhaustion of all appeals provided for	96203
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	96204
under this division may be assessed in the same manner as the tax	96205
imposed under this chapter. The first one hundred thousand dollars	96206
of the annual application fees collected each calendar year shall	96207
be credited to the commercial activity tax administrative fund.	96208
The remainder of the annual application fees collected shall be	96209
distributed in the same manner required under section 5751.20 of	96210
the Revised Code.	96211

(vii) The tax commissioner may require that adequate security	96212
be posted by the operator of the distribution center on appeal	96213
when the commissioner disagrees that the applicant has met the	96214
minimum thresholds for a qualified distribution center as set	96215
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	96216
section.	96217

(aa) Receipts of an employer from payroll deductions relating	96218
to the reimbursement of the employer for advancing moneys to an	96219
unrelated third party on an employee's behalf;	96220

(bb) Cash discounts allowed and taken;

96221

(cc) Returns and allowances;

96222

(dd) Bad debts from receipts on the basis of which the tax	96223
imposed by this chapter was paid in a prior quarterly tax payment	96224
period. For the purpose of this division, "bad debts" means any	96225
debts that have become worthless or uncollectible between the	96226
preceding and current quarterly tax payment periods, have been	96227
uncollected for at least six months, and that may be claimed as a	96228
deduction under section 166 of the Internal Revenue Code and the	96229
regulations adopted under that section, or that could be claimed	96230
as such if the taxpayer kept its accounts on the accrual basis.	96231
"Bad debts" does not include repossessed property, uncollectible	96232
amounts on property that remains in the possession of the taxpayer	96233
until the full purchase price is paid, or expenses in attempting	96234
to collect any account receivable or for any portion of the debt	96235
recovered;	96236

(ee) Any amount realized from the sale of an account	96237
receivable to the extent the receipts from the underlying	96238
transaction giving rise to the account receivable were included in	96239
the gross receipts of the taxpayer;	96240

(ff) Any receipts for which the tax imposed by this chapter	96241
is prohibited by the Constitution or laws of the United States or	96242
the Constitution of Ohio.	96243

(3) In the case of a taxpayer when acting as a real estate	96244
broker, "gross receipts" includes only the portion of any fee for	96245
the service of a real estate broker, or service of a real estate	96246
salesperson associated with that broker, that is retained by the	96247
broker and not paid to an associated real estate salesperson or	96248
another real estate broker. For the purposes of this division,	96249
"real estate broker" and "real estate salesperson" have the same	96250
meanings as in section 4735.01 of the Revised Code.	96251

(4) A taxpayer's method of accounting for gross receipts for	96252
a tax period shall be the same as the taxpayer's method of	96253
accounting for federal income tax purposes for the taxpayer's	96254
federal taxable year that includes the tax period. If a taxpayer's	96255
method of accounting for federal income tax purposes changes, its	96256
method of accounting for gross receipts under this chapter shall	96257
be changed accordingly.	96258

~~In calculating gross receipts, the following shall be~~	96259
~~deducted to the extent included as a gross receipt in the current~~	96260
~~tax period or reported as taxable gross receipts in a prior tax~~	96261
~~period:~~	96262

~~(a) Cash discounts allowed and taken;~~

96263

~~(b) Returns and allowances;~~

96264

~~(c) Bad debts. For the purposes of this division, "bad debts"~~	96265
~~mean any debts that have become worthless or uncollectible between~~	96266
~~the preceding and current quarterly tax payment periods, have been~~	96267
~~uncollected for at least six months, and may be claimed as a~~	96268
~~deduction under section 166 of the Internal Revenue Code and the~~	96269
~~regulations adopted pursuant thereto, or that could be claimed as~~	96270
~~such if the taxpayer kept its accounts on the accrual basis. "Bad~~	96271
~~debts" does not include uncollectible amounts on property that~~	96272
~~remains in the possession of the taxpayer until the full purchase~~	96273
~~price is paid, expenses in attempting to collect any account~~	96274
~~receivable or for any portion of the debt recovered, and~~	96275
~~repossessed property;~~	96276

~~(d) Any amount realized from the sale of an account~~	96277
~~receivable but only to the extent the receipts from the underlying~~	96278
~~transaction giving rise to the account receivable were included in~~	96279
~~the gross receipts of the taxpayer.~~	96280

(G) "Taxable gross receipts" means gross receipts sitused to	96281
this state under section 5751.033 of the Revised Code.	96282

(H) A person has "substantial nexus with this state" if any	96283
of the following applies. The person:	96284

(1) Owns or uses a part or all of its capital in this state;

96285

(2) Holds a certificate of compliance with the laws of this	96286
state authorizing the person to do business in this state;	96287

(3) Has bright-line presence in this state;

96288

(4) Otherwise has nexus with this state to an extent that the	96289
person can be required to remit the tax imposed under this chapter	96290
under the Constitution of the United States.	96291

(I) A person has "bright-line presence" in this state for a	96292
reporting period and for the remaining portion of the calendar	96293
year if any of the following applies. The person:	96294

(1) Has at any time during the calendar year property in this	96295
state with an aggregate value of at least fifty thousand dollars.	96296
For the purpose of division (I)(1) of this section, owned property	96297
is valued at original cost and rented property is valued at eight	96298
times the net annual rental charge.	96299

(2) Has during the calendar year payroll in this state of at	96300
least fifty thousand dollars. Payroll in this state includes all	96301
of the following:	96302

(a) Any amount subject to withholding by the person under	96303
section 5747.06 of the Revised Code;	96304

(b) Any other amount the person pays as compensation to an	96305
individual under the supervision or control of the person for work	96306
done in this state; and	96307

(c) Any amount the person pays for services performed in this	96308
state on its behalf by another.	96309

(3) Has during the calendar year taxable gross receipts of	96310
at least five hundred thousand dollars.	96311

(4) Has at any time during the calendar year within this	96312
state at least twenty-five per cent of the person's total	96313
property, total payroll, or total gross receipts.	96314

(5) Is domiciled in this state as an individual or for	96315
corporate, commercial, or other business purposes.	96316

(J) "Tangible personal property" has the same meaning as in	96317
section 5739.01 of the Revised Code.	96318

(K) "Internal Revenue Code" means the Internal Revenue Code	96319
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	96320
this chapter that is not otherwise defined has the same meaning as	96321
when used in a comparable context in the laws of the United States	96322
relating to federal income taxes unless a different meaning is	96323
clearly required. Any reference in this chapter to the Internal	96324
Revenue Code includes other laws of the United States relating to	96325
federal income taxes.	96326

(L) "Calendar quarter" means a three-month period ending on	96327
the thirty-first day of March, the thirtieth day of June, the	96328
thirtieth day of September, or the thirty-first day of December.	96329

(M) "Tax period" means the calendar quarter or calendar year	96330
on the basis of which a taxpayer is required to pay the tax	96331
imposed under this chapter.	96332

(N) "Calendar year taxpayer" means a taxpayer for which the	96333
tax period is a calendar year.	96334

(O) "Calendar quarter taxpayer" means a taxpayer for which	96335
the tax period is a calendar quarter.	96336

(P) "Agent" means a person authorized by another person to	96337
act on its behalf to undertake a transaction for the other,	96338
including any of the following:	96339

(1) A person receiving a fee to sell financial instruments;

96340

(2) A person retaining only a commission from a transaction	96341
with the other proceeds from the transaction being remitted to	96342
another person;	96343

(3) A person issuing licenses and permits under section	96344
1533.13 of the Revised Code;	96345

(4) A lottery sales agent holding a valid license issued	96346
under section 3770.05 of the Revised Code;	96347

(5) A person acting as an agent of the division of liquor	96348
control under section 4301.17 of the Revised Code.	96349

(Q) "Received" includes amounts accrued under the accrual	96350
method of accounting.	96351

(R) "Reporting person" means a person in a consolidated	96352
elected taxpayer or combined taxpayer group that is designated by	96353
that group to legally bind the group for all filings and tax	96354
liabilities and to receive all legal notices with respect to	96355
matters under this chapter, or, for the purposes of section	96356
5751.04 of the Revised Code, a separate taxpayer that is not a	96357
member of such a group.	96358

Sec. 5751.011. (A) A group of two or more persons may elect	96359
to be a consolidated elected taxpayer for the purposes of this	96360
chapter if the group satisfies all of the following requirements:	96361

(1) The group elects to include all persons, including	96362
persons enumerated in divisions (E)(2) to (10) of section 5751.01	96363
of the Revised Code, having at least eighty per cent, or having at	96364
least fifty per cent, of the value of their ownership interests	96365
owned or controlled, directly or constructively through related	96366
interests, by common owners during all or any portion of the tax	96367
period, together with the common owners. At	96368

A group making its initial election on the basis of the	96369
eighty per cent ownership test may change its election so that its	96370
consolidated elected taxpayer group is formed on the basis of the	96371
fifty per cent ownership test if all of the following are	96372
satisfied:	96373

(a) When the initial election was made, the group did not	96374
have any persons satisfying the fifty per cent ownership test;	96375

(b) One or more of the persons in the initial group	96376
subsequently acquires ownership interests in a person such that	96377
the fifty per cent ownership test is satisfied, the eighty per	96378
cent ownership test is not satisfied, and the acquired person	96379
would be required to be included in a combined taxpayer group	96380
under section 5751.012 of the Revised Code;	96381

(c) The group requests the change in a written request to the	96382
tax commissioner on or before the due date for filing the first	96383
return due under section 5751.051 of the Revised Code after the	96384
date of the acquisition;	96385

(d) The group has not previously changed its election.

96386

At the election of the group, all entities that are not	96387
incorporated or formed under the laws of a state or of the United	96388
States and that meet the consolidated elected ownership test	96389
shall either be included in the group or all shall be excluded	96390
from the group. ~~The~~If, at the time of registration, the group	96391
does not include any such entities that meet the consolidated	96392
elected ownership test, the group shall elect to either include or	96393
exclude the newly acquired entities before the due date of the	96394
first return due after the date of the acquisition.	96395

Each group shall notify the tax commissioner of the foregoing	96396
elections before the due date of the return ~~in which the election~~	96397
~~is to become effective~~for the period in which the election	96398
becomes binding. If fifty per cent of the value of a person's	96399
ownership interests is owned or controlled by each of two	96400
consolidated elected taxpayer groups formed under the fifty per	96401
cent ownership or control test, that person is a member of each	96402
group for the purposes of this section, and each group shall	96403
include in the group's taxable gross receipts fifty per cent of	96404
that person's taxable gross receipts. Otherwise, all of that	96405
person's taxable gross receipts shall be included in the taxable	96406
gross receipts of the consolidated elected taxpayer group of which	96407
the person is a member. In no event shall the ownership or control	96408
of fifty per cent of the value of a person's ownership interests	96409
by two otherwise unrelated groups form the basis for consolidating	96410
the groups into a single consolidated elected taxpayer group or	96411
permit any exclusion under division (C) of this section of taxable	96412
gross receipts between members of the two groups. Division (A)(3)	96413
of this section applies with respect to the elections described in	96414
this division.	96415

(2) The group makes the election to be treated as a	96416
consolidated elected taxpayer in the manner prescribed under	96417
division (D) of this section.	96418

(3) Subject to review and audit by the tax commissioner, the	96419
group agrees that all of the following apply:	96420

(a) The group shall file reports as a single taxpayer for at	96421
least the next eight calendar quarters following the election so	96422
long as at least two or more of the members of the group meet the	96423
requirements of division (A)(1) of this section.	96424

(b) Before the expiration of the eighth such calendar	96425
quarter, the group shall notify the commissioner if it elects to	96426
cancel its designation as a consolidated elected taxpayer. If the	96427
group does not so notify the tax commissioner, the election	96428
remains in effect for another eight calendar quarters.	96429

(c) If, at any time during any of those eight calendar	96430
quarters following the election, a former member of the group no	96431
longer meets the requirements under division (A)(1) of this	96432
section, that member shall report and pay the tax imposed under	96433
this chapter separately, as a member of a combined taxpayer, or,	96434
if the former member satisfies such requirements with respect to	96435
another consolidated elected group, as a member of that	96436
consolidated elected group.	96437

(d) The group agrees to the application of division (B) of	96438
this section.	96439

(B) A group of persons making the election under this section	96440
shall report and pay tax on all of the group's taxable gross	96441
receipts even if substantial nexus with this state does not exist	96442
for one or more persons in the group.	96443

(C)(1)(a) Members of a consolidated elected taxpayer group	96444
shall exclude gross receipts among persons included in the	96445
consolidated elected taxpayer group.	96446

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	96447
section, nothing in this section shall have the effect of	96448
requiring a consolidated elected taxpayer group to include gross	96449
receipts received by a person enumerated in divisions (E)(2) to	96450
(10) of section 5751.01 of the Revised Code if that person is a	96451
member of the group pursuant to the elections made by the group	96452
under division (A)(1) of this section.	96453

(c)(i) As used in division (C)(1)(c) of this section, "dealer	96454
transfer" means a transfer of property that satisfies both of the	96455
following: (I) the property is directly transferred by any means	96456
from one member of the group to another member of the group that	96457
is a dealer in intangibles but is not a qualifying dealer as	96458
defined in section 5725.24 of the Revised Code; and (II) the	96459
property is subsequently delivered by the dealer in intangibles to	96460
a person that is not a member of the group.	96461

(ii) In the event of a dealer transfer, a consolidated	96462
elected taxpayer group shall not exclude, under division (C) of	96463
this section, gross receipts from the transfer described in	96464
division (C)(1)(c)(i)(I) of this section.	96465

(2) Gross receipts related to the sale or transmission of	96466
electricity through the use of an intermediary regional	96467
transmission organization approved by the federal energy	96468
regulatory commission shall be excluded from taxable gross	96469
receipts under division (C)(1) of this section if all other	96470
requirements of that division are met, even if the receipts are	96471
from and to the same member of the group.	96472

(D) To make the election to be a consolidated elected	96473
taxpayer, a group of persons shall notify the tax commissioner of	96474
the election in the manner prescribed by the commissioner and pay	96475
the commissioner a registration fee equal to the lesser of two	96476
hundred dollars or twenty dollars for each person in the group. No	96477
additional fee shall be imposed for the addition of new members to	96478
the group once the group has remitted a fee in the amount of two	96479
hundred dollars. The election shall be made and the fee paid	96480
before ~~the later of~~ the beginning of the first calendar quarter to	96481
which the election applies ~~or November 15, 2005~~. The fee shall be	96482
collected and used in the same manner as provided in section	96483
5751.04 of the Revised Code.	96484

The election shall be made on a form prescribed by the tax	96485
commissioner for that purpose and shall be signed by one or more	96486
individuals with authority, separately or together, to make a	96487
binding election on behalf of all persons in the group.	96488

Any person acquired or formed after the filing of the	96489
registration shall be included in the group if the person meets	96490
the requirements of division (A)(1) of this section, and the group	96491
shall notify the tax commissioner of any additions to the group	96492
with the next tax return it files with the commissioner.	96493

~~(E) Each member of a consolidated elected taxpayer is jointly~~	96494
~~and severally liable for the tax imposed by this chapter and any~~	96495
~~penalties or interest thereon. The tax commissioner may require~~	96496
~~one person in the group to be the taxpayer for purposes of~~	96497
~~registration and remittance of the tax, but all members of the~~	96498
~~group are subject to assessment under section 5751.09 of the~~	96499
~~Revised Code.~~	96500

Sec. 5751.012. (A) All persons, other than persons	96501
enumerated in divisions (E)(2) to (10) of section 5751.01 of the	96502
Revised Code, having more than fifty per cent of the value of	96503
their ownership interest owned or controlled, directly or	96504
constructively through related interests, by common owners during	96505
all or any portion of the tax period, together with the common	96506
owners, shall be members of a combined taxpayer if those persons	96507
are not members of a consolidated elected taxpayer pursuant to an	96508
election under section 5751.011 of the Revised Code.	96509

(B) A combined taxpayer shall register, file returns, and pay	96510
taxes under this chapter as a single taxpayer.	96511

(C) A combined taxpayer shall neither exclude taxable gross	96512
receipts between its members nor from others that are not members.	96513

(D) A combined taxpayer shall pay to the tax commissioner a	96514
registration fee equal to the lesser of two hundred dollars or	96515
twenty dollars for each person in the group. No additional fee	96516
shall be imposed for the addition of new members to the group once	96517
the group has remitted a fee in the amount of two hundred dollars.	96518
The fee shall be timely paid before the later of the beginning of	96519
the first calendar quarter or November 15, 2005. The fee shall be	96520
collected and used in the same manner as provided in section	96521
5751.04 of the Revised Code.	96522

Any person acquired or formed after the filing of the	96523
registration shall be included in the group if the person meets	96524
the requirements of division (A) of this section, and the group	96525
must notify the tax commissioner of any additions with the next	96526
quarterly tax return it files with the commissioner.	96527

~~(E) Each member of a combined taxpayer is jointly and~~	96528
~~severally liable for the tax imposed by this chapter and any~~	96529
~~penalties or interest thereon. The tax commissioner may require~~	96530
~~one person in the group to be the taxpayer for purposes of~~	96531
~~registration and remittance of the tax, but all members of the~~	96532
~~group are subject to assessment under section 5751.09 of the~~	96533
~~Revised Code.~~	96534

Sec. 5751.013. (A) Except as provided in division (B) of this	96535
section:	96536

(1) A person shall include as taxable gross receipts the	96537
value of property the person transfers into this state for the	96538
person's own use within one year after the person receives the	96539
property outside this state; and	96540

(2) In the case of ~~an elected~~a consolidated elected taxpayer	96541
group or a combined taxpayer group, the taxpayer shall include as	96542
taxable gross receipts the value of property that any of the	96543
taxpayer's members transferred into this state for the use of any	96544
of the taxpayer's members within one year after the taxpayer	96545
receives the property outside this state.	96546

(B) Property brought into this state within one year after it	96547
is received outside this state by a person or group described in	96548
division (A)(1) or (2) of this section shall not be included as	96549
taxable gross receipts as required under those divisions if the	96550
tax commissioner ascertains that the property's receipt outside	96551
this state by the person or group followed by its transfer into	96552
this state within one year was not intended in whole or in part to	96553
avoid in whole or in part the tax imposed under this chapter.	96554

(C) The tax commissioner may adopt rules necessary to	96555
administer this section.	96556

Sec. 5751.014. All members of a consolidated elected	96557
taxpayer or combined taxpayer group during the tax period or	96558
periods for which additional tax, penalty, or interest is owed are	96559
jointly and severally liable for the tax imposed by this chapter.	96560
Although the reporting person will be assessed for the liability,	96561
such amounts due may be pursued against any member when a	96562
liability is certified to the attorney general under section	96563
131.02 of the Revised Code.	96564

Sec. 5751.03. (A) Except as provided in divisions (B) and	96565
(D) of this section and in sections 5751.031 and 5751.032 of the	96566
Revised Code, the tax levied under this section for each tax	96567
period shall be the product of two and six-tenths mills per dollar	96568
times the remainder of the taxpayer's taxable gross receipts for	96569
the tax period after subtracting the exclusion amount provided for	96570
in division (C) of this section.	96571

(B) Notwithstanding division (C) of this section, the tax on	96572
the first one million dollars in taxable gross receipts each	96573
calendar year shall be one hundred fifty dollars. For calendar	96574
year 2006, the tax imposed under this division shall be paid not	96575
later than May 10, 2006, by both calendar year taxpayers and	96576
calendar quarter taxpayers. For calendar ~~year~~years 2007 ~~and~~	96577
~~thereafter~~, 2008, and 2009, the tax imposed under this division	96578
shall be paid with the fourth-quarter tax return or annual tax	96579
return for the prior calendar year by both calendar year	96580
taxpayers and calendar quarter taxpayers. For calendar years 2010	96581
and thereafter, the tax imposed under this division shall be paid	96582
not later than the tenth day of May of each year along with the	96583
first quarter or annual tax return, as applicable.	96584

(C)(1) Each calendar quarter taxpayer may exclude the first	96585
two hundred fifty thousand dollars of taxable gross receipts for a	96586
calendar quarter and may carry forward and apply any unused	96587
exclusion amount to the three subsequent calendar quarters. Each	96588
calendar year taxpayer may exclude the first one million dollars	96589
of taxable gross receipts for a calendar year.	96590

(2) A taxpayer switching from a calendar year tax period to a	96591
calendar quarter tax period may, for the first quarter of the	96592
change, apply the prior calendar quarter exclusion amounts to the	96593
first calendar quarter return the taxpayer files that calendar	96594
year. The tax rate shall be based on the rate imposed that	96595
calendar quarter when the taxpayer switches from a calendar year	96596
to a calendar quarter tax period.	96597

(D) There is hereby allowed a credit against the tax imposed	96598
under this chapter for each of the following calendar years if a	96599
transfer was made in the preceding calendar year from the general	96600
revenue fund to the commercial activity tax refund fund under	96601
division (D) of section 5751.032 of the Revised Code: calendar	96602
years 2008, 2010, and 2012. The credit is allowed for taxpayers	96603
that paid in full the tax imposed under this chapter for the	96604
calendar year in which the transfer was made. The amount of a	96605
taxpayer's credit equals the amount computed under division (D) of	96606
section 5751.032 of the Revised Code.	96607

Sec. 5751.04. (A) As used in this section, "person" includes	96608
a reporting person.	96609

(B) Not later than ~~the later of November 15, 2005, or~~ thirty	96610
days after a person first has more than one hundred fifty	96611
thousand dollars in taxable gross receipts in a calendar year,	96612
each person subject to this chapter shall register with the tax	96613
commissioner on the form prescribed by the commissioner. The form	96614
shall include the following:	96615

(1) The person's name;

96616

(2) If applicable, the name of the state or country under the	96617
laws of which the person is incorporated;	96618

(3) If applicable, the location of a person's principal	96619
office and the name and address of the officer or agent of the	96620
corporation in charge of the business;	96621

(4) If applicable, the names of the person's president,	96622
secretary, treasurer, and statutory agent designated pursuant to	96623
section 1703.041 of the Revised Code, with the post office address	96624
of each;	96625

(5) The kind of business in which the person is engaged,	96626
including applicable business or industry codes;	96627

(6) If required by the tax commissioner, the date of the	96628
beginning of the person's annual accounting period that includes	96629
the first day of January of the taxable calendar year;	96630

(7) If the person is not a corporation or a sole proprietor,	96631
the names of the person's owners and officers, if required by the	96632
tax commissioner;	96633

(8) The person's federal employer identification number or	96634
numbers or, if those are not applicable, the person's social	96635
security number or equivalent;	96636

(9) All other information that the commissioner requires to	96637
administer and enforce this chapter.	96638

~~(B)~~(C) Except as otherwise provided in this division, each	96639
person registering with the tax commissioner as required by	96640
division ~~(A)~~(B) of this section shall pay a registration fee. The	96641
fee shall be in the amount of fifteen dollars if a person	96642
registers electronically and twenty dollars if a person does not	96643
register electronically. The registration fee shall be paid in the	96644
manner prescribed by the tax commissioner at the same time the	96645
registration is due if a person is subject to the tax imposed	96646
under this chapter before January 1, 2006. If a person first	96647
becomes subject to the tax after that date, the registration fee	96648
is payable with the first tax period return the person is required	96649
to file as prescribed by section 5751.051 of the Revised Code. If	96650
a ~~registration fee is not paid when due~~person does not register	96651
within the time prescribed by this section, an additional fee is	96652
imposed in the amount of one hundred dollars per month or part	96653
thereof that the fee is outstanding, not to exceed one thousand	96654
dollars. The tax commissioner may abate the additional fee. The	96655
fee imposed under this division may be assessed in the same manner	96656
as the tax imposed under this chapter. Proceeds from the fee shall	96657
be credited to the commercial activity tax administrative fund,	96658
which is hereby created in the state treasury for the commissioner	96659
to use in implementing and administering the tax imposed under	96660
this chapter.	96661

~~No registration fee is payable by a person for a calendar~~	96662
~~year if the person first begins business operations in this state~~	96663
~~after the thirtieth day of November of that calendar year or if~~	96664
~~the person's taxable gross receipts for the calendar year exceed~~	96665
~~one hundred fifty thousand dollars but do not exceed one hundred~~	96666
~~fifty thousand dollars as of the first day of December of the~~	96667
~~calendar year.~~	96668

Registration fees paid under this section, excluding any	96669
additional fee imposed for ~~late payment of the registration fee~~a	96670
person's failure to timely register, shall be credited against the	96671
first payment of tax payable under section 5751.03 of the Revised	96672
Code ~~after the registration fee is paid~~.	96673

~~(C)~~(D) If a person that has registered under this section is	96674
no longer a taxpayer subject to this chapter, including no longer	96675
being a taxpayer because of the application of division (E)(1) of	96676
section 5751.01 of the Revised Code, the person shall notify the	96677
commissioner that the person's registration should be cancelled.	96678

(E) With respect to registrations received by the	96679
commissioner before the effective date of the amendment of this	96680
section by the main operating appropriations act of the 128th	96681
general assembly, the taxpayer listed as the primary taxpayer on	96682
the registration shall be the reporting person until the taxpayer	96683
notifies the commissioner otherwise.	96684

Sec. 5751.05. (A) If a person subject to this chapter	96685
anticipates that the person's taxable gross receipts will be more	96686
than one million dollars ~~or less~~ in a calendar year ~~2006~~, the	96687
person ~~may elect to be a calendar year taxpayer. If a person is~~	96688
~~not required to be registered under this section for calendar year~~	96689
~~2006 and anticipates that the person's taxable gross receipts will~~	96690
~~be one million dollars or less in the first calendar year the~~	96691
~~person is required to register under this section, the person may~~	96692
~~elect to be a calendar year taxpayer~~shall notify the tax	96693
commissioner on the person's initial registration form and file on	96694
a quarterly basis as a calendar quarter taxpayer. Any taxpayer	96695
with taxable gross receipts of less than one million dollars	96696
shall register as a calendar year taxpayer and shall file	96697
annually.	96698

(B) Any person that is a calendar year taxpayer ~~pursuant to~~	96699
~~an election~~ under division (A) of this section shall become a	96700
calendar quarter taxpayer in the subsequent calendar year if the	96701
person's taxable gross receipts for the prior calendar year are	96702
more than one million dollars, and shall remain a calendar quarter	96703
taxpayer until the person notifies the tax commissioner, and	96704
receives approval in writing from the tax commissioner, to switch	96705
back to being a calendar year taxpayer. Nothing in this division	96706
prohibits a person that has elected to be a calendar year taxpayer	96707
from notifying the tax commissioner, using the procedures	96708
prescribed by the commissioner, that it is switching back to being	96709
a calendar quarter taxpayer.	96710

(C) Any taxpayer that is not a calendar ~~year~~quarter taxpayer	96711
pursuant to this section is a calendar ~~quarter~~year taxpayer. The	96712
~~tax~~ commissioner may grant written approval for a calendar quarter	96713
taxpayer to use an alternative reporting schedule or estimate the	96714
amount of tax due for a calendar quarter if the taxpayer	96715
demonstrates to the commissioner the need for such a deviation.	96716
The commissioner may adopt a rule to apply division (C) of this	96717
section to a group of taxpayers without the taxpayers having to	96718
receive written approval from the commissioner.	96719

Sec. 5751.051. (A)(1) Not later than ~~forty days~~the tenth	96720
day of the second month after the end of each calendar quarter,	96721
every taxpayer other than a calendar year taxpayer shall file with	96722
the tax commissioner a tax return in such form as the commissioner	96723
prescribes. The return shall include, but is not limited to, the	96724
amount of the taxpayer's taxable gross receipts for the calendar	96725
quarter and shall indicate the amount of tax due under section	96726
5751.03 of the Revised Code for the calendar quarter.	96727

(2)(a) Subject to division (C) of section 5751.05 of the	96728
Revised Code, a calendar quarter taxpayer shall report the taxable	96729
gross receipts for that calendar quarter.	96730

(b) With respect to taxable gross receipts incorrectly	96731
reported in a calendar quarter that has a lower tax rate, the tax	96732
shall be computed at the tax rate in effect for the quarterly	96733
return in which such receipts should have been reported. Nothing	96734
in division (A)(2)(b) of this section prohibits a taxpayer from	96735
filing an application for refund under section 5751.08 of the	96736
Revised Code with regard to the incorrect reporting of taxable	96737
gross receipts discovered after filing the annual return described	96738
in division (A)(3) of this section.	96739

A tax return shall not be deemed to be an incorrect reporting	96740
of taxable gross receipts for the purposes of division (A)(2)(b)	96741
of this section if the return reflects between ninety-five and one	96742
hundred five per cent of the actual taxable gross receipts for the	96743
calendar quarter.	96744

(3) ~~The~~For the purposes of division (A)(2)(b) of this	96745
section, the tax return filed for the fourth calendar quarter of a	96746
calendar year is the annual return for the privilege tax imposed	96747
by this chapter. Such return shall report any additional taxable	96748
gross receipts not previously reported in the calendar year and	96749
shall adjust for any over-reported taxable gross receipts in the	96750
calendar year. If the taxpayer ceases to be a taxpayer before the	96751
end of the calendar year, the last return the taxpayer is required	96752
to file shall be the annual return for the taxpayer and the	96753
taxpayer shall report any additional taxable gross receipts not	96754
previously reported in the calendar year and shall adjust for any	96755
over-reported taxable gross receipts in the calendar year.	96756

(4) Because the tax imposed by this chapter is a privilege	96757
tax, the tax rate with respect to taxable gross receipts for a	96758
calendar quarter is not fixed until the end of the measurement	96759
period for each calendar quarter. Subject to division (A)(2)(b) of	96760
this section, the total amount of taxable gross receipts reported	96761
for a given calendar quarter shall be subject to the tax rate in	96762
effect in that quarter.	96763

(5) Not later than ~~forty days after~~the tenth day of May	96764
following the end of each calendar year, every calendar year	96765
taxpayer shall file with the tax commissioner a tax return in such	96766
form as the commissioner prescribes. The return shall include, but	96767
is not limited to, the amount of the taxpayer's taxable gross	96768
receipts for the calendar year and shall indicate the amount of	96769
tax due under section 5751.03 of the Revised Code for the calendar	96770
year.	96771

(B)(1) A person that first becomes subject to the tax imposed	96772
under this chapter shall pay the minimum tax imposed under	96773
division (B) of section 5751.03 of the Revised Code along with the	96774
registration fee imposed under this section, if applicable, on or	96775
before the day the return is required to be filed for that quarter	96776
under division (A)(1) of this section, regardless of whether the	96777
person elects to be a calendar year taxpayer under section 5751.05	96778
of the Revised Code.	96779

(2) The amount of the minimum tax for a person subject to	96780
division (B)(1) of this section shall be reduced to seventy-five	96781
dollars if the registration is timely filed after the first day of	96782
May and before the first day of January of the following calendar	96783
year.	96784

Sec. 5751.06. (A) Any taxpayer that fails to file a return	96785
or pay the full amount of the tax due within the period prescribed	96786
therefor under this chapter shall pay a penalty in an amount not	96787
exceeding the greater of fifty dollars or ten per cent of the tax	96788
required to be paid for the tax period.	96789

(B)(1) If any additional tax is found to be due, the tax	96790
commissioner may impose an additional penalty of up to fifteen per	96791
cent on the additional tax found to be due.	96792

(2) Any delinquent payments of the tax made after a taxpayer	96793
is notified of an audit or a tax discrepancy by the commissioner	96794
is subject to the penalty imposed by division (B) of this section.	96795
If an assessment is issued under section ~~5751.10~~5751.09 of the	96796
Revised Code in connection with such delinquent payments, the	96797
payments shall be credited to the assessment.	96798

(C) After calendar year 2008, the tax commissioner may impose	96799
an additional penalty against a taxpayer that fails to switch to	96800
being a calendar quarter taxpayer at the time it had over two	96801
million in taxable gross receipts in the calendar year, as	96802
required under section 5751.04 of the Revised Code. The penalty	96803
may be imposed in an amount not to exceed ten per cent of the tax	96804
due above two million dollars in taxable gross receipts for the	96805
calendar year. Any penalty imposed under this division is in	96806
addition to any other penalties imposed under this section.	96807

(D) If the tax commissioner notifies a person required to	96808
register under section 5751.05 of the Revised Code of such	96809
requirement and of the requirement to remit the tax due under this	96810
chapter, and the person fails to so register and remit the tax	96811
within sixty days after such notice, the tax commissioner may	96812
impose an additional penalty of up to thirty-five per cent of the	96813
tax due. The penalty imposed under this division is in addition to	96814
any other penalties imposed under this section.	96815

(E) The tax commissioner may collect any penalty or interest	96816
imposed by this section in the same manner as the tax imposed	96817
under this chapter. Penalties and interest so collected shall be	96818
considered as revenue arising from the tax imposed under this	96819
chapter.	96820

(F) The tax commissioner may abate all or a portion of any	96821
penalties imposed under this section and may adopt rules governing	96822
such abatements.	96823

(G) If any tax due is not timely paid in accordance with this	96824
chapter, the taxpayer shall pay interest, calculated at the rate	96825
per annum prescribed by section 5703.47 of the Revised Code, from	96826
the date the tax payment was due to the date of payment or to the	96827
date an assessment was issued, whichever occurs first.	96828

(H) The tax commissioner may impose a penalty of up to ten	96829
per cent for any additional tax that is due under division	96830
(A)(2)(b) of section 5751.051 of the Revised Code from a taxpayer	96831
incorrectly reporting its taxable gross receipts.	96832

Sec. 5751.08. (A) An application for refund to the taxpayer	96833
of the amount of taxes imposed under this chapter that are	96834
overpaid, paid illegally or erroneously, or paid on any illegal or	96835
erroneous assessment shall be filed by the reporting person with	96836
the tax commissioner, on the form prescribed by the commissioner,	96837
within four years after the date of the illegal or erroneous	96838
payment of the tax. The applicant shall provide the amount of the	96839
requested refund along with the claimed reasons for, and	96840
documentation to support, the issuance of a refund.	96841

(B) On the filing of the refund application, the tax	96842
commissioner shall determine the amount of refund to which the	96843
applicant is entitled. If the amount is not less than that	96844
claimed, the commissioner shall certify the amount to the director	96845
of budget and management and treasurer of state for payment from	96846
the tax refund fund created under section 5703.052 of the Revised	96847
Code. If the amount is less than that claimed, the commissioner	96848
shall proceed in accordance with section 5703.70 of the Revised	96849
Code.	96850

(C) Interest on a refund applied for under this section,	96851
computed at the rate provided for in section 5703.47 of the	96852
Revised Code, shall be allowed from the later of the date the tax	96853
was paid or when the tax payment was due.	96854

(D) A calendar quarter taxpayer with more than one million	96855
dollars in taxable gross receipts in a calendar year other than	96856
calendar year 2005 and that is not able to exclude one million	96857
dollars in taxable gross receipts because of the operation of the	96858
taxpayer's business in that calendar year may file for a refund	96859
under this section to obtain the full exclusion of one million	96860
dollars in taxable gross receipts for that calendar year.	96861

(E) No person with an active registration as a taxpayer under	96862
this chapter may claim a refund under this section for the tax	96863
imposed under division (B) of section 5751.03 of the Revised Code	96864
unless the person cancelled the registration before the tenth day	96865
of ~~February~~May of the current calendar year pursuant to division	96866
~~(C)~~(D) of section 5751.04 of the Revised Code.	96867

(F) Except as provided in section 5751.091 of the Revised	96868
Code, the tax commissioner may, with the consent of the taxpayer,	96869
provide for the crediting against tax due for a tax year the	96870
amount of any refund due the taxpayer under this chapter for a	96871
preceding tax year.	96872

Sec. 5751.09. (A) The tax commissioner may make an	96873
assessment, based on any information in the commissioner's	96874
possession, against any person that fails to file a return or pay	96875
any tax as required by this chapter. The commissioner shall give	96876
the person assessed written notice of the assessment as provided	96877
in section 5703.37 of the Revised Code. With the notice, the	96878
commissioner shall provide instructions on the manner in which to	96879
petition for reassessment and request a hearing with respect to	96880
the petition. The commissioner shall send any assessments against	96881
consolidated elected taxpayer and combined taxpayer groups under	96882
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	96883
"reporting person" as defined under division (R) of section	96884
5751.01 of the Revised Code. The reporting person shall notify all	96885
members of the group of the assessment and all outstanding taxes,	96886
interest, and penalties for which the assessment is issued.	96887

(B) Unless the person assessed, within sixty days after	96888
service of the notice of assessment, files with the tax	96889
commissioner, either personally or by certified mail, a written	96890
petition signed by the person or the person's authorized agent	96891
having knowledge of the facts, the assessment becomes final, and	96892
the amount of the assessment is due and payable from the person	96893
assessed to the treasurer of state. The petition shall indicate	96894
the objections of the person assessed, but additional objections	96895
may be raised in writing if received by the commissioner prior to	96896
the date shown on the final determination.	96897

If a petition for reassessment has been properly filed, the	96898
commissioner shall proceed under section 5703.60 of the Revised	96899
Code.	96900

(C)(1) After an assessment becomes final, if any portion of	96901
the assessment, including accrued interest, remains unpaid, a	96902
certified copy of the tax commissioner's entry making the	96903
assessment final may be filed in the office of the clerk of the	96904
court of common pleas in the county in which the person resides or	96905
has its principal place of business in this state, or in the	96906
office of the clerk of court of common pleas of Franklin county.	96907

(2) Immediately upon the filing of the entry, the clerk shall	96908
enter judgment for the state against the person assessed in the	96909
amount shown on the entry. The judgment may be filed by the clerk	96910
in a loose-leaf book entitled, "special judgments for the	96911
commercial activity tax" and shall have the same effect as other	96912
judgments. Execution shall issue upon the judgment at the request	96913
of the tax commissioner, and all laws applicable to sales on	96914
execution shall apply to sales made under the judgment.	96915

(3) The portion of the assessment not paid within sixty days	96916
after the day the assessment was issued shall bear interest at the	96917
rate per annum prescribed by section 5703.47 of the Revised Code	96918
from the day the tax commissioner issues the assessment until it	96919
is paid. Interest shall be paid in the same manner as the tax and	96920
may be collected by the issuance of an assessment under this	96921
section.	96922

(D) If the tax commissioner believes that collection of the	96923
tax will be jeopardized unless proceedings to collect or secure	96924
collection of the tax are instituted without delay, the	96925
commissioner may issue a jeopardy assessment against the person	96926
liable for the tax. Immediately upon the issuance of the jeopardy	96927
assessment, the commissioner shall file an entry with the clerk of	96928
the court of common pleas in the manner prescribed by division (C)	96929
of this section. Notice of the jeopardy assessment shall be served	96930
on the person assessed or the person's authorized agent in the	96931
manner provided in section 5703.37 of the Revised Code within five	96932
days of the filing of the entry with the clerk. The total amount	96933
assessed is immediately due and payable, unless the person	96934
assessed files a petition for reassessment in accordance with	96935
division (B) of this section and provides security in a form	96936
satisfactory to the commissioner and in an amount sufficient to	96937
satisfy the unpaid balance of the assessment. Full or partial	96938
payment of the assessment does not prejudice the commissioner's	96939
consideration of the petition for reassessment.	96940

(E) The tax commissioner shall immediately forward to the	96941
treasurer of state all amounts the commissioner receives under	96942
this section, and such amounts shall be considered as revenue	96943
arising from the tax imposed under this chapter.	96944

(F) Except as otherwise provided in this division, no	96945
assessment shall be made or issued against a taxpayer for the tax	96946
imposed under this chapter more than four years after the due date	96947
for the filing of the return for the tax period for which the tax	96948
was reported, or more than four years after the return for the tax	96949
period was filed, whichever is later. Nothing in this division	96950
bars an assessment against a taxpayer that fails to file a return	96951
required by this chapter or that files a fraudulent return.	96952

(G) If the tax commissioner possesses information that	96953
indicates that the amount of tax a taxpayer is required to pay	96954
under this chapter exceeds the amount the taxpayer paid, the tax	96955
commissioner may audit a sample of the taxpayer's gross receipts	96956
over a representative period of time to ascertain the amount of	96957
tax due, and may issue an assessment based on the audit. The tax	96958
commissioner shall make a good faith effort to reach agreement	96959
with the taxpayer in selecting a representative sample. The tax	96960
commissioner may apply a sampling method only if the commissioner	96961
has prescribed the method by rule.	96962

(H) If the whereabouts of a person subject to this chapter is	96963
not known to the tax commissioner, the ~~secretary of state is~~	96964
~~hereby deemed to be that person's agent for purposes of service of~~	96965
~~process of notice of any assessment, action, or proceedings~~	96966
~~instituted in this state against the person under this chapter.~~	96967
~~Such process or notice shall be served on such person by the~~	96968
~~commissioner or by one of the commissioner's agents by leaving at~~	96969
~~the office of the secretary of state, at least fifteen days before~~	96970
~~the return day of such process or notice, a true and attested copy~~	96971
~~of the notice, and by sending to such person by ordinary mail,~~	96972
~~with an endorsement thereon of the service upon the secretary of~~	96973
~~state, addressed to such person at the person's last known~~	96974
~~address~~commissioner shall follow the procedures under section	96975
5703.37 of the Revised Code.	96976

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	96977
the Revised Code:	96978

(1) "School district," "joint vocational school district,"	96979
"local taxing unit," "recognized valuation," "fixed-rate levy,"	96980
and "fixed-sum levy" have the same meanings as used in section	96981
5727.84 of the Revised Code.	96982

(2) "State education aid" for a school district means the	96983
following:	96984

(a) For fiscal years prior to fiscal year 2010, the sum of	96985
state aid amounts computed for the district under division (A) of	96986
section 3317.022 of the Revised Code, including the amounts	96987
calculated under sections 3317.029 and 3317.0217 of the Revised	96988
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	96989
3317.022; divisions (B), (C), and (D) of section 3317.023;	96990
divisions (L) and (N) of section 3317.024; section 3317.0216; and	96991
any unit payments for gifted student services paid under sections	96992
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	96993
for fiscal years 2008 and 2009, the amount computed for the	96994
district under Section 269.20.80 of H.B. 119 of the 127th general	96995
assembly and as that section subsequently may be amended shall be	96996
substituted for the amount computed under division (D) of section	96997
3317.022 of the Revised Code, and the amount computed under	96998
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	96999
that section subsequently may be amended shall be included.	97000

(b) For fiscal year 2010 and for each fiscal year thereafter,	97001
the sum of the amounts computed under sections 3306.052, 3306.12,	97002
3306.13, and 3306.19 of the Revised Code.	97003

(3) "State education aid" for a joint vocational school	97004
district means the following:	97005

(a) For fiscal years prior to fiscal year 2010, the sum of	97006
the state aid computed for the district under division (N) of	97007
section 3317.024 and section 3317.16 of the Revised Code, except	97008
that, for fiscal years 2008 and 2009, the amount computed under	97009
Section 269.30.80 of H.B. 119 of the 127th general assembly and	97010
as that section subsequently may be amended shall be included.	97011

(b) For fiscal years 2010 and 2011, the amount paid in	97012
accordance with the section of this act entitled "FUNDING FOR	97013
JOINT VOCATIONAL SCHOOL DISTRICTS."	97014

(4) "State education aid offset" means the amount determined	97015
for each school district or joint vocational school district under	97016
division (A)(1) of section 5751.21 of the Revised Code.	97017

(5) "Machinery and equipment property tax value loss" means	97018
the amount determined under division (C)(1) of this section.	97019

(6) "Inventory property tax value loss" means the amount	97020
determined under division (C)(2) of this section.	97021

(7) "Furniture and fixtures property tax value loss" means	97022
the amount determined under division (C)(3) of this section.	97023

(8) "Machinery and equipment fixed-rate levy loss" means the	97024
amount determined under division (D)(1) of this section.	97025

(9) "Inventory fixed-rate levy loss" means the amount	97026
determined under division (D)(2) of this section.	97027

(10) "Furniture and fixtures fixed-rate levy loss" means the	97028
amount determined under division (D)(3) of this section.	97029

(11) "Total fixed-rate levy loss" means the sum of the	97030
machinery and equipment fixed-rate levy loss, the inventory	97031
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	97032
loss, and the telephone company fixed-rate levy loss.	97033

(12) "Fixed-sum levy loss" means the amount determined under	97034
division (E) of this section.	97035

(13) "Machinery and equipment" means personal property	97036
subject to the assessment rate specified in division (F) of	97037
section 5711.22 of the Revised Code.	97038

(14) "Inventory" means personal property subject to the	97039
assessment rate specified in division (E) of section 5711.22 of	97040
the Revised Code.	97041

(15) "Furniture and fixtures" means personal property	97042
subject to the assessment rate specified in division (G) of	97043
section 5711.22 of the Revised Code.	97044

(16) "Qualifying levies" are levies in effect for tax year	97045
2004 or applicable to tax year 2005 or approved at an election	97046
conducted before September 1, 2005. For the purpose of	97047
determining the rate of a qualifying levy authorized by section	97048
5705.212 or 5705.213 of the Revised Code, the rate shall be the	97049
rate that would be in effect for tax year 2010.	97050

(17) "Telephone property" means tangible personal property	97051
of a telephone, telegraph, or interexchange telecommunications	97052
company subject to an assessment rate specified in section	97053
5727.111 of the Revised Code in tax year 2004.	97054

(18) "Telephone property tax value loss" means the amount	97055
determined under division (C)(4) of this section.	97056

(19) "Telephone property fixed-rate levy loss" means the	97057
amount determined under division (D)(4) of this section.	97058

(B) The commercial activities tax receipts fund is hereby	97059
created in the state treasury and shall consist of money arising	97060
from the tax imposed under this chapter. ~~All money in that~~	97061
Eighty-five one-hundredths of one per cent of the money credited	97062
to that fund shall be credited to the tax reform system	97063
implementation fund, which is hereby created in the state	97064
treasury, and shall be used to defray the costs incurred by the	97065
department of taxation in administering the tax imposed by this	97066
chapter and in implementing tax reform measures. The remainder in	97067
the commercial activities tax receipts fund shall be credited for	97068
each fiscal year in the following percentages to the general	97069
revenue fund, to the school district tangible property tax	97070
replacement fund, which is hereby created in the state treasury	97071
for the purpose of making the payments described in section	97072
5751.21 of the Revised Code, and to the local government tangible	97073
property tax replacement fund, which is hereby created in the	97074
state treasury for the purpose of making the payments described	97075
in section 5751.22 of the Revised Code, in the following	97076
percentages:	97077

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	97078
2006	67.7%	22.6%	9.7%	97079
2007	0%	70.0%	30.0%	97080
2008	0%	70.0%	30.0%	97081
2009	0%	70.0%	30.0%	97082
2010	0%	70.0%	30.0%	97083
2011	0%	70.0%	30.0%	97084
2012	5.3%	70.0%	24.7%	97085
2013	10.6%	70.0%	19.4%	97086
2014	14.1%	70.0%	15.9%	97087
2015	17.6%	70.0%	12.4%	97088
2016	21.1%	70.0%	8.9%	97089
2017	24.6%	70.0%	5.4%	97090
2018	28.1%	70.0%	1.9%	97091
2019 and thereafter	30%	70%	0%	97092

(C) Not later than September 15, 2005, the tax commissioner	97093
shall determine for each school district, joint vocational school	97094
district, and local taxing unit its machinery and equipment,	97095
inventory property, furniture and fixtures property, and telephone	97096
property tax value losses, which are the applicable amounts	97097
described in divisions (C)(1), (2), (3), and (4) of this section,	97098
except as provided in division (C)(5) of this section:	97099

(1) Machinery and equipment property tax value loss is the	97100
taxable value of machinery and equipment property as reported by	97101
taxpayers for tax year 2004 multiplied by:	97102

(a) For tax year 2006, thirty-three and eight-tenths per	97103
cent;	97104

(b) For tax year 2007, sixty-one and three-tenths per cent;

97105

97106

(d) For tax year 2009 and thereafter, one hundred per cent.

97107

(2) Inventory property tax value loss is the taxable value of	97108
inventory property as reported by taxpayers for tax year 2004	97109
multiplied by:	97110

(a) For tax year 2006, a fraction, the numerator of which is	97111
five and three-fourths and the denominator of which is	97112
twenty-three;	97113

(b) For tax year 2007, a fraction, the numerator of which is	97114
nine and one-half and the denominator of which is twenty-three;	97115

(c) For tax year 2008, a fraction, the numerator of which is	97116
thirteen and one-fourth and the denominator of which is	97117
twenty-three;	97118

(d) For tax year 2009 and thereafter a fraction, the	97119
numerator of which is seventeen and the denominator of which is	97120
twenty-three.	97121

(3) Furniture and fixtures property tax value loss is the	97122
taxable value of furniture and fixture property as reported by	97123
taxpayers for tax year 2004 multiplied by:	97124

(a) For tax year 2006, twenty-five per cent;

97125

(b) For tax year 2007, fifty per cent;

97126

97127

(d) For tax year 2009 and thereafter, one hundred per cent.

97128

The taxable value of property reported by taxpayers used in	97129
divisions (C)(1), (2), and (3) of this section shall be such	97130
values as determined to be final by the tax commissioner as of	97131
August 31, 2005. Such determinations shall be final except for any	97132
correction of a clerical error that was made prior to August 31,	97133
2005, by the tax commissioner.	97134

(4) Telephone property tax value loss is the taxable value of	97135
telephone property as taxpayers would have reported that property	97136
for tax year 2004 if the assessment rate for all telephone	97137
property for that year were twenty-five per cent, multiplied by:	97138

(a) For tax year 2006, zero per cent;

97139

(b) For tax year 2007, zero per cent;

97140

97141

(d) For tax year 2009, sixty per cent;

97142

(e) For tax year 2010, eighty per cent;

97143

(f) For tax year 2011 and thereafter, one hundred per cent.

97144

(5) Division (C)(5) of this section applies to any school	97145
district, joint vocational school district, or local taxing unit	97146
in a county in which is located a facility currently or formerly	97147
devoted to the enrichment or commercialization of uranium or	97148
uranium products, and for which the total taxable value of	97149
property listed on the general tax list of personal property for	97150
any tax year from tax year 2001 to tax year 2004 was fifty per	97151
cent or less of the taxable value of such property listed on the	97152
general tax list of personal property for the next preceding tax	97153
year.	97154

In computing the fixed-rate levy losses under divisions	97155
(D)(1), (2), and (3) of this section for any school district,	97156
joint vocational school district, or local taxing unit to which	97157
division (C)(5) of this section applies, the taxable value of such	97158
property as listed on the general tax list of personal property	97159
for tax year 2000 shall be substituted for the taxable value of	97160
such property as reported by taxpayers for tax year 2004, in the	97161
taxing district containing the uranium facility, if the taxable	97162
value listed for tax year 2000 is greater than the taxable value	97163
reported by taxpayers for tax year 2004. For the purpose of making	97164
the computations under divisions (D)(1), (2), and (3) of this	97165
section, the tax year 2000 valuation is to be allocated to	97166
machinery and equipment, inventory, and furniture and fixtures	97167
property in the same proportions as the tax year 2004 values. For	97168
the purpose of the calculations in division (A) of section 5751.21	97169
of the Revised Code, the tax year 2004 taxable values shall be	97170
used.	97171

To facilitate the calculations required under division (C) of	97172
this section, the county auditor, upon request from the tax	97173
commissioner, shall provide by August 1, 2005, the values of	97174
machinery and equipment, inventory, and furniture and fixtures for	97175
all single-county personal property taxpayers for tax year 2004.	97176

(D) Not later than September 15, 2005, the tax commissioner	97177
shall determine for each tax year from 2006 through 2009 for each	97178
school district, joint vocational school district, and local	97179
taxing unit its machinery and equipment, inventory, and furniture	97180
and fixtures fixed-rate levy losses, and for each tax year from	97181
2006 through 2011 its telephone property fixed-rate levy loss,	97182
~~which~~. Except as provided in division (F) of this section, such	97183
losses are the applicable amounts described in divisions (D)(1),	97184
(2), (3), and (4) of this section:	97185

(1) The machinery and equipment fixed-rate levy loss is the	97186
machinery and equipment property tax value loss multiplied by the	97187
sum of the tax rates of fixed-rate qualifying levies.	97188

(2) The inventory fixed-rate loss is the inventory property	97189
tax value loss multiplied by the sum of the tax rates of	97190
fixed-rate qualifying levies.	97191

(3) The furniture and fixtures fixed-rate levy loss is the	97192
furniture and fixture property tax value loss multiplied by the	97193
sum of the tax rates of fixed-rate qualifying levies.	97194

(4) The telephone property fixed-rate levy loss is the	97195
telephone property tax value loss multiplied by the sum of the tax	97196
rates of fixed-rate qualifying levies.	97197

(E) Not later than September 15, 2005, the tax commissioner	97198
shall determine for each school district, joint vocational school	97199
district, and local taxing unit its fixed-sum levy loss. The	97200
fixed-sum levy loss is the amount obtained by subtracting the	97201
amount described in division (E)(2) of this section from the	97202
amount described in division (E)(1) of this section:	97203

(1) The sum of the machinery and equipment property tax value	97204
loss, the inventory property tax value loss, and the furniture and	97205
fixtures property tax value loss, and, for 2008 through 2017 the	97206
telephone property tax value loss of the district or unit	97207
multiplied by the sum of the fixed-sum tax rates of qualifying	97208
levies. For 2006 through 2010, this computation shall include all	97209
qualifying levies remaining in effect for the current tax year and	97210
any school district levies imposed under section 5705.194 or	97211
5705.213 of the Revised Code that are qualifying levies not	97212
remaining in effect for the current year. For 2011 through 2017	97213
in the case of qualifying school district levies imposed under	97214
section 5705.194 or 5705.213 of the Revised Code and for all	97215
years after 2010 in the case of other fixed-sum levies, this	97216
computation shall include only qualifying levies remaining in	97217
effect for the current year. For purposes of this computation, a	97218
qualifying school district levy imposed under section 5705.194	97219
or 5705.213 of the Revised Code remains in effect in a year	97220
after 2010 only if, for that year, the board of education levies	97221
a school district levy imposed under section 5705.194 or,	97222
5705.199, 5705.213, or 5705.219 of the Revised Code for an	97223
annual sum at least equal to the annual sum levied by the	97224
board in tax year 2004 less the amount of the payment	97225
certified under this division for 2006.	97226

(2) The total taxable value in tax year 2004 less the sum of	97227
the machinery and equipment, inventory, furniture and fixtures,	97228
and telephone property tax value losses in each school district,	97229
joint vocational school district, and local taxing unit multiplied	97230
by one-half of one mill per dollar.	97231

(3) For the calculations in divisions (E)(1) and (2) of this	97232
section, the tax value losses are those that would be calculated	97233
for tax year 2009 under divisions (C)(1), (2), and (3) of this	97234
section and for tax year 2011 under division (C)(4) of this	97235
section.	97236

(4) To facilitate the calculation under divisions (D) and (E)	97237
of this section, not later than September 1, 2005, any school	97238
district, joint vocational school district, or local taxing unit	97239
that has a qualifying levy that was approved at an election	97240
conducted during 2005 before September 1, 2005, shall certify to	97241
the tax commissioner a copy of the county auditor's certificate of	97242
estimated property tax millage for such levy as required under	97243
division (B) of section 5705.03 of the Revised Code, which is the	97244
rate that shall be used in the calculations under such divisions.	97245

If the amount determined under division (E) of this section	97246
for any school district, joint vocational school district, or	97247
local taxing unit is greater than zero, that amount shall equal	97248
the reimbursement to be paid pursuant to division (E) of section	97249
5751.21 or division (A)(3) of section 5751.22 of the Revised	97250
Code, and the one-half of one mill that is subtracted under	97251
division (E)(2) of this section shall be apportioned among all	97252
contributing fixed-sum levies in the proportion that each levy	97253
bears to the sum of all fixed-sum levies within each school	97254
district, joint vocational school district, or local taxing unit.	97255

(F) If a school district levies a tax under section 5705.219	97256
of the Revised Code, the fixed-rate levy loss for qualifying	97257
levies, to the extent repealed under that section, shall equal the	97258
sum of the following amounts in lieu of the amounts computed for	97259
such levies under division (D) of this section:	97260

(1) The sum of the rates of qualifying levies to the extent	97261
so repealed multiplied by the sum of the machinery and equipment,	97262
inventory, and furniture and fixtures tax value losses for 2009 as	97263
determined under that division;	97264

(2) The sum of the rates of qualifying levies to the extent	97265
so repealed multiplied by the telephone property tax value loss	97266
for 2011 as determined under that division.	97267

The fixed-rate levy losses for qualifying levies to the	97268
extent not repealed under section 5705.219 of the Revised Code	97269
shall be as determined under division (D) of this section. The	97270
revised fixed-rate levy losses determined under this division and	97271
division (D) of this section first apply in the year following the	97272
first year the district levies the tax under section 5705.219 of	97273
the Revised Code.	97274

(G) Not later than October 1, 2005, the tax commissioner	97275
shall certify to the department of education for every school	97276
district and joint vocational school district the machinery and	97277
equipment, inventory, furniture and fixtures, and telephone	97278
property tax value losses determined under division (C) of this	97279
section, the machinery and equipment, inventory, furniture and	97280
fixtures, and telephone fixed-rate levy losses determined under	97281
division (D) of this section, and the fixed-sum levy losses	97282
calculated under division (E) of this section. The calculations	97283
under divisions (D) and (E) of this section shall separately	97284
display the levy loss for each levy eligible for reimbursement.	97285

~~(G)~~(H) Not later than October 1, 2005, the tax commissioner	97286
shall certify the amount of the fixed-sum levy losses to the	97287
county auditor of each county in which a school district, joint	97288
vocational school district, or local taxing unit with a fixed-sum	97289
levy loss reimbursement has territory.	97290

(I) Not later than the twenty-eighth day of February each	97291
year beginning in 2011 and ending in 2014, the tax commissioner	97292
shall certify to the department of education for each school	97293
district first levying a tax under section 5705.219 of the Revised	97294
Code in the preceding year the revised fixed-rate levy losses	97295
determined under divisions (D) and (F) of this section.	97296

Sec. 5751.21. (A) Not later than the thirtieth day of July	97297
of 2007 through 2017, the department of education shall consult	97298
with the director of budget and management and determine the	97299
following for each school district and each joint vocational	97300
school district eligible for payment under division (B) of this	97301
section:	97302

(1) The state education aid offset, which is the difference	97303
obtained by subtracting the amount described in division (A)(1)(b)	97304
of this section from the amount described in division (A)(1)(a) of	97305
this section:	97306

(a) The state education aid computed for the school district	97307
or joint vocational school district for the current fiscal year as	97308
of the thirtieth day of July;	97309

(b) The state education aid that would be computed for the	97310
school district or joint vocational school district for the	97311
current fiscal year as of the thirtieth day of July if the	97312
recognized valuation included the machinery and equipment,	97313
inventory, furniture and fixtures, and telephone property tax	97314
value losses for the school district or joint vocational school	97315
district for the second preceding tax year, and if taxes charged	97316
and payable associated with the tax value losses are accounted for	97317
in any state education aid computation dependent on taxes charged	97318
and payable.	97319

(2) The greater of zero or the difference obtained by	97320
subtracting the state education aid offset determined under	97321
division (A)(1) of this section from the sum of the machinery and	97322
equipment fixed-rate levy loss, the inventory fixed-rate levy	97323
loss, furniture and fixtures fixed-rate levy loss, and telephone	97324
property fixed-rate levy loss certified under ~~division (F)~~	97325
divisions (G) and (I) of section 5751.20 of the Revised Code for	97326
all taxing districts in each school district and joint vocational	97327
school district for the second preceding tax year.	97328

By the thirtieth day of July of each such year, the	97329
department of education and the director of budget and management	97330
shall agree upon the amount to be determined under division	97331
(A)(1) of this section.	97332

(B) On or before the thirty-first day of August of each year	97333
beginning in 2008, the department of education shall recalculate	97334
the offset described under division (A) of this section for the	97335
previous fiscal year and recalculate the payments made under	97336
division (C) of this section in the preceding fiscal year using	97337
the offset calculated under this division. If the payments	97338
calculated under this division differ from the payments made under	97339
division (C) of this section in the preceding fiscal year, the	97340
difference shall either be paid to a school district or recaptured	97341
from a school district through an adjustment at the same times	97342
during the current fiscal year that the payments under division	97343
(C) of this section are made. In August and October of the current	97344
fiscal year, the amount of each adjustment shall be three-sevenths	97345
of the amount calculated under this division. In May of the	97346
current fiscal year, the adjustment shall be one-seventh of the	97347
amount calculated under this division.	97348

(C) The department of education shall pay from the school	97349
district tangible property tax replacement fund to each school	97350
district and joint vocational school district all of the following	97351
for fixed-rate levy losses certified under ~~division (F)~~divisions	97352
(G) and (I) of section 5751.20 of the Revised Code:	97353

(1) On or before May 31, 2006, one-seventh of the total	97354
fixed-rate levy loss for tax year 2006;	97355

(2) On or before August 31, 2006, and October 31, 2006,	97356
one-half of six-sevenths of the total fixed-rate levy loss for tax	97357
year 2006;	97358

(3) On or before May 31, 2007, one-seventh of the total	97359
fixed-rate levy loss for tax year 2007;	97360

(4) On or before August 31, 2007, and October 31, 2007,	97361
forty-three per cent of the amount determined under division	97362
(A)(2) of this section for fiscal year 2008, but not less than	97363
zero, plus one-half of six-sevenths of the difference between the	97364
total fixed-rate levy loss for tax year 2007 and the total	97365
fixed-rate levy loss for tax year 2006.	97366

(5) On or before May 31, 2008, fourteen per cent of the	97367
amount determined under division (A)(2) of this section for	97368
fiscal year 2008, but not less than zero, plus one-seventh of the	97369
difference between the total fixed-rate levy loss for tax year	97370
2008 and the total fixed-rate levy loss for tax year 2006.	97371

(6) On or before August 31, 2008, and October 31, 2008,	97372
forty-three per cent of the amount determined under division	97373
(A)(2) of this section for fiscal year 2009, but not less than	97374
zero, plus one-half of six-sevenths of the difference between the	97375
total fixed-rate levy loss in tax year 2008 and the total	97376
fixed-rate levy loss in tax year 2007.	97377

(7) On or before May 31, 2009, fourteen per cent of the	97378
amount determined under division (A)(2) of this section for	97379
fiscal year 2009, but not less than zero, plus one-seventh of the	97380
difference between the total fixed-rate levy loss for tax year	97381
2009 and the total fixed-rate levy loss for tax year 2007.	97382

(8) On or before August 31, 2009, and October 31, 2009,	97383
forty-three per cent of the amount determined under division	97384
(A)(2) of this section for fiscal year 2010, but not less than	97385
zero, plus one-half of six-sevenths of the difference between the	97386
total fixed-rate levy loss in tax year 2009 and the total	97387
fixed-rate levy loss in tax year 2008.	97388

(9) On or before May 31, 2010, fourteen per cent of the	97389
amount determined under division (A)(2) of this section for	97390
fiscal year 2010, but not less than zero, plus one-seventh of the	97391
difference between the total fixed-rate levy loss in tax year 2010	97392
and the total fixed-rate levy loss in tax year 2008.	97393

(10) On or before August 31, 2010, and October 31, 2010,	97394
forty-three per cent of the amount determined under division	97395
(A)(2) of this section for fiscal year 2011, but not less than	97396
zero, plus one-half of six-sevenths of the difference between the	97397
telephone property fixed-rate levy loss for tax year 2010 and the	97398
telephone property fixed-rate levy loss for tax year 2009.	97399

(11) On or before May 31, 2011, fourteen per cent of the	97400
amount determined under division (A)(2) of this section for	97401
fiscal year 2011, but not less than zero, plus one-seventh of the	97402
difference between the telephone property fixed-rate levy loss for	97403
tax year 2011 and the telephone property fixed-rate levy loss for	97404
tax year 2009.	97405

(12) On or before August 31, 2011, and October 31, 2011, the	97406
amount determined under division (A)(2) of this section	97407
multiplied by a fraction, the numerator of which is fourteen and	97408
the denominator of which is seventeen, but not less than zero,	97409
multiplied by forty-three per cent, plus one-half of six-sevenths	97410
of the difference between the telephone property fixed-rate levy	97411
loss for tax year 2011 and the telephone property fixed-rate levy	97412
loss for tax year 2010.	97413

(13) On or before May 31, 2012, fourteen per cent of the	97414
amount determined under division (A)(2) of this section for	97415
fiscal year 2012, multiplied by a fraction, the numerator of	97416
which is fourteen and the denominator of which is seventeen, plus	97417
one-seventh of the difference between the telephone property	97418
fixed-rate levy loss for tax year 2011 and the telephone property	97419
fixed-rate levy loss for tax year 2010.	97420

(14) On or before August 31, 2012, October 31, 2012, and May	97421
31, 2013, the amount determined under division (A)(2) of this	97422
section multiplied by a fraction, the numerator of which is	97423
eleven and the denominator of which is seventeen, but not less	97424
than zero, multiplied by one-third.	97425

(15) On or before August 31, 2013, October 31, 2013, and May	97426
31, 2014, the amount determined under division (A)(2) of this	97427
section multiplied by a fraction, the numerator of which is nine	97428
and the denominator of which is seventeen, but not less than	97429
zero, multiplied by one-third.	97430

(16) On or before August 31, 2014, October 31, 2014, and May	97431
31, 2015, the amount determined under division (A)(2) of this	97432
section multiplied by a fraction, the numerator of which is seven	97433
and the denominator of which is seventeen, but not less than	97434
zero, multiplied by one-third.	97435

(17) On or before August 31, 2015, October 31, 2015, and May	97436
31, 2016, the amount determined under division (A)(2) of this	97437
section multiplied by a fraction, the numerator of which is five	97438
and the denominator of which is seventeen, but not less than	97439
zero, multiplied by one-third.	97440

(18) On or before August 31, 2016, October 31, 2016, and May	97441
31, 2017, the amount determined under division (A)(2) of this	97442
section multiplied by a fraction, the numerator of which is three	97443
and the denominator of which is seventeen, but not less than	97444
zero, multiplied by one-third.	97445

(19) On or before August 31, 2017, October 31, 2017, and May	97446
31, 2018, the amount determined under division (A)(2) of this	97447
section multiplied by a fraction, the numerator of which is one	97448
and the denominator of which is seventeen, but not less than	97449
zero, multiplied by one-third.	97450

The department of education shall report to each school	97451
district and joint vocational school district the apportionment of	97452
the payments among the school district's or joint vocational	97453
school district's funds based on the certifications under ~~division~~	97454
~~(F)~~divisions (G) and (I) of section 5751.20 of the Revised Code.	97455

Any qualifying levy that is a fixed-rate levy that is not	97456
applicable to a tax year after 2010 does not qualify for any	97457
reimbursement after the tax year to which it is last applicable.	97458

(D) For taxes levied within the ten-mill limitation for debt	97459
purposes in tax year 2005, payments shall be made equal to one	97460
hundred per cent of the loss computed as if the tax were a	97461
fixed-rate levy, but those payments shall extend from fiscal year	97462
2006 through fiscal year 2018, as long as the qualifying levy	97463
continues to be used for debt purposes. If the purpose of such a	97464
qualifying levy is changed, that levy becomes subject to the	97465
payments determined in division (C) of this section.	97466

(E)(1) Not later than January 1, 2006, for each fixed-sum	97467
levy of each school district or joint vocational school district	97468
and for each year for which a determination is made under division	97469
~~(F)~~(E) of section 5751.20 of the Revised Code that a fixed-sum	97470
levy loss is to be reimbursed, the tax commissioner shall certify	97471
to the department of education the fixed-sum levy loss determined	97472
under that division. The certification shall cover a time period	97473
sufficient to include all fixed-sum levies for which the	97474
commissioner made such a determination. The department shall pay	97475
from the school district property tax replacement fund to the	97476
school district or joint vocational school district one-third of	97477
the fixed-sum levy loss so certified for each year, plus one-third	97478
of the amount certified under division (I) of section 5751.20 of	97479
the Revised Code, on or before the last day of May, August, and	97480
October of the current year. Payments under this division of the	97481
amounts certified under division (I) of section 5751.20 of the	97482
Revised Code shall continue through the earlier of calendar year	97483
2017 or until the levy adopted under section 5705.219 of the	97484
Revised Code expires.	97485

(2) Beginning in 2006, by the first day of January of each	97486
year, the tax commissioner shall review the certification	97487
originally made under division (E)(1) of this section. If the	97488
commissioner determines that a debt levy that had been scheduled	97489
to be reimbursed in the current year has expired, a revised	97490
certification for that and all subsequent years shall be made to	97491
the department of education.	97492

(F) Beginning in September 2007 and through June 2018, the	97493
director of budget and management shall transfer from the school	97494
district tangible property tax replacement fund to the general	97495
revenue fund each of the following:	97496

(1) On the first day of September, one-fourth of the amount	97497
determined for that fiscal year under division (A)(1) of this	97498
section;	97499

(2) On the first day of December, one-fourth of the amount	97500
determined for that fiscal year under division (A)(1) of this	97501
section;	97502

(3) On the first day of March, one-fourth of the amount	97503
determined for that fiscal year under division (A)(1) of this	97504
section;	97505

(4) On the first day of June, one-fourth of the amount	97506
determined for that fiscal year under division (A)(1) of this	97507
section.	97508

If, when a transfer is required under division (F)(1), (2),	97509
(3), or (4) of this section, there is not sufficient money in the	97510
school district tangible property tax replacement fund to make	97511
the transfer in the required amount, the director shall transfer	97512
the balance in the fund to the general revenue fund and may make	97513
additional transfers on later dates as determined by the director	97514
in a total amount that does not exceed one-fourth of the amount	97515
determined for the fiscal year.	97516

(G) For each of the fiscal years 2006 through 2018, if the	97517
total amount in the school district tangible property tax	97518
replacement fund is insufficient to make all payments under	97519
divisions (C), (D), and (E) of this section at the times the	97520
payments are to be made, the director of budget and management	97521
shall transfer from the general revenue fund to the school	97522
district tangible property tax replacement fund the difference	97523
between the total amount to be paid and the amount in the school	97524
district tangible property tax replacement fund. For each fiscal	97525
year after 2018, at the time payments under division (E) of this	97526
section are to be made, the director of budget and management	97527
shall transfer from the general revenue fund to the school	97528
district property tax replacement fund the amount necessary to	97529
make such payments.	97530

(H)(1) On the fifteenth day of June of 2006 through 2011,	97531
the director of budget and management may transfer any balance in	97532
the school district tangible property tax replacement fund to the	97533
general revenue fund. At the end of fiscal years 2012 through	97534
2018, any balance in the school district tangible property tax	97535
replacement fund shall remain in the fund to be used in future	97536
fiscal years for school purposes.	97537

(2) In each fiscal year beginning with fiscal year 2019, all	97538
amounts credited to the school district tangible personal property	97539
tax replacement fund shall be appropriated for school purposes.	97540

(I) If all of the territory of a school district or joint	97541
vocational school district is merged with another district, or if	97542
a part of the territory of a school district or joint vocational	97543
school district is transferred to an existing or newly created	97544
district, the department of education, in consultation with the	97545
tax commissioner, shall adjust the payments made under this	97546
section as follows:	97547

(1) For a merger of two or more districts, the machinery and	97548
equipment, inventory, furniture and fixtures, and telephone	97549
property fixed-rate levy losses and the fixed-sum levy losses of	97550
the successor district shall be equal to the sum of the machinery	97551
and equipment, inventory, furniture and fixtures, and telephone	97552
property fixed-rate levy losses and debt levy losses as determined	97553
in section 5751.20 of the Revised Code, for each of the districts	97554
involved in the merger.	97555

(2) If property is transferred from one district to a	97556
previously existing district, the amount of machinery and	97557
equipment, inventory, furniture and fixtures, and telephone	97558
property tax value losses and fixed-rate levy losses that shall be	97559
transferred to the recipient district shall be an amount equal to	97560
the total machinery and equipment, inventory, furniture and	97561
fixtures, and telephone property fixed-rate levy losses times a	97562
fraction, the numerator of which is the value of business tangible	97563
personal property on the land being transferred in the most recent	97564
year for which data are available, and the denominator of which is	97565
the total value of business tangible personal property in the	97566
district from which the land is being transferred in the most	97567
recent year for which data are available. For each of the first	97568
five years after the property is transferred, but not after fiscal	97569
year 2012, if the tax rate in the recipient district is less than	97570
the tax rate of the district from which the land was transferred,	97571
one-half of the payments arising from the amount of fixed-rate	97572
levy losses so transferred to the recipient district shall be paid	97573
to the recipient district and one-half of the payments arising	97574
from the fixed-rate levy losses so transferred shall be paid to	97575
the district from which the land was transferred. Fixed-rate levy	97576
losses so transferred shall be computed on the basis of the sum of	97577
the rates of fixed-rate qualifying levies of the district from	97578
which the land was transferred, notwithstanding division (E) of	97579
this section.	97580

(3) After December 31, 2004, if property is transferred from	97581
one or more districts to a district that is newly created out of	97582
the transferred property, the newly created district shall be	97583
deemed not to have any machinery and equipment, inventory,	97584
furniture and fixtures, or telephone property fixed-rate levy	97585
losses and the districts from which the property was transferred	97586
shall have no reduction in their machinery and equipment,	97587
inventory, furniture and fixtures, and telephone property	97588
fixed-rate levy losses.	97589

(4) If the recipient district under division (I)(2) of this	97590
section or the newly created district under divisions (I)(3) of	97591
this section is assuming debt from one or more of the districts	97592
from which the property was transferred and any of the districts	97593
losing the property had fixed-sum levy losses, the department of	97594
education, in consultation with the tax commissioner, shall make	97595
an equitable division of the fixed-sum levy loss reimbursements.	97596

Sec. 5911.10. If any armory erected or purchased by the	97597
state becomes vacant because of the deactivation of the	97598
organizations quartered in that armory, the governor and the	97599
adjutant general may lease that armory for periods not to exceed	97600
one year; or, when authorized by an act of the general assembly,	97601
may sell that armory or lease it for a period of years. ~~The~~	97602

The proceeds from the sale or lease of such an armory, or	97603
from the sale or lease of other facilities and land owned by the	97604
adjutant general, shall be credited to the armory improvements	97605
fund, which is hereby created in the state treasury. The moneys in	97606
the fund shall be used to support Ohio army national guard	97607
facility and maintenance expenses as the adjutant general directs.	97608
Any fund expenditure related to the construction, acquisition,	97609
lease, or financing of a capital asset is subject to approval by	97610
the controlling board. Investment earnings of the fund shall be	97611
credited to the general revenue fund.	97612

Sec. 5911.11. There is hereby created in the state treasury	97613
the community match armories fund. The fund shall consist of all	97614
amounts received as revenue from contributions from local entities	97615
for construction and maintenance of Ohio army national guard	97616
readiness and community centers and facilities. The moneys in the	97617
fund shall be used to support the acquisition and maintenance	97618
costs of centers and facilities representing the local entity's	97619
share of costs, including the local entity's share of utility	97620
costs. Investment earnings of the fund shall be credited to the	97621
fund.	97622

Sec. 5913.09. (A) The adjutant general is the custodian of	97623
all military and other adjutant general's department property,	97624
both real and personal, belonging to the state.	97625

(B) The adjutant general may make changes and improvements to	97626
military and other adjutant general's department property as the	97627
needs of the state and federal government and the exigencies of	97628
the service require. All improvements made upon that property	97629
belonging to the state, from moneys received either all or in part	97630
from the state or federal government, or both, become the property	97631
of the state, except as may be provided in an agreement and	97632
corresponding regulations by which the United States contributes	97633
to the cost of an improvement.	97634

(C)(1) In accordance with applicable state and federal law	97635
and regulations, the adjutant general, with the approval of the	97636
governor, may acquire by purchase lease, license, or otherwise,	97637
real and personal property necessary for the purposes of the	97638
department.	97639

(2) In accordance with applicable state and federal law and	97640
regulations, the adjutant general, with the approval of the	97641
attorney general, may enter into contracts for the construction,	97642
repair, renovation, maintenance, and operation of military or	97643
other adjutant general's department property.	97644

(3) In accordance with applicable state and federal law and	97645
regulations, the adjutant general, with the approval of the	97646
governor, may lease or exchange all or part of any military or	97647
other adjutant general's department property or grant easements or	97648
licenses, if the lease, exchange, easement, or license is	97649
advantageous to the state.	97650

(4) All real property of the adjutant general's department	97651
shall be sold in accordance with section 5911.10 of the Revised	97652
Code.	97653

(D)(1) Except as otherwise provided in this section, all	97654
income from any military or other adjutant general's department	97655
property of the state, not made a portion of the company, troop,	97656
battery, detachment, squadron, or other organization funds by	97657
regulations, shall be credited to the funds for the operation and	97658
maintenance of the Ohio organized militia, as the adjutant general	97659
directs, in accordance with applicable state and federal law and	97660
regulations and the agreements by which the United States	97661
contributes to the cost of operation and maintenance of the Ohio	97662
national guard.	97663

(2) There is hereby created in the state treasury the camp	97664
Perry/buckeye inn operations fund. The fund shall consist of all	97665
amounts received as revenue from the rental of facilities located	97666
at the camp Perry training site in Ottawa county and the buckeye	97667
inn at Rickenbacker air national guard base in Franklin county,	97668
and all amounts received from the use of the camp Perry training	97669
site and its facilities, including shooting ranges. The moneys in	97670
the fund shall be used to support the facility operations of the	97671
camp Perry clubhouse and the buckeye inn. Investment earnings of	97672
the fund shall be credited to the general revenue fund.	97673

Sec. 5919.20. There is hereby created in the state treasury	97674
the national guard service medal fund. The fund shall consist of	97675
all amounts received from the purchase of Ohio national guard	97676
service medals for eligible national guard service members as	97677
authorized by the general assembly. The moneys in the fund shall	97678
be used to purchase additional medals. Investment earnings of the	97679
fund shall be credited to the fund.	97680

Sec. 5919.36. There is hereby created in the state treasury	97681
the Ohio national guard facility maintenance fund. The fund shall	97682
consist of all amounts received from revenue from leases of sites,	97683
including towers and wells, and other revenue received from	97684
reimbursements for services related to Ohio national guard	97685
programs. The moneys in the fund shall be used for service,	97686
maintenance, and repair expenses, and for equipment purchases for	97687
programs and facilities of the adjutant general. Investment	97688
earnings of the fund shall be credited to the general revenue	97689
fund.	97690

Sec. 6103.01. As used in this chapter:

97691

(A) "Public water supply facilities," "water supply	97692
facilities," "water supply improvement," or "improvement" means,	97693
without limiting the generality of those terms, water wells and	97694
well fields, springs, lakes, rivers, streams, or other sources of	97695
water supply, intakes, pumping stations and equipment, treatment,	97696
filtration, or purification plants, force and distribution lines	97697
or mains, cisterns, reservoirs, storage facilities, necessary	97698
equipment for fire protection, other related structures,	97699
equipment, and furnishings, and real estate and interests in real	97700
estate, necessary or useful in the proper development of a water	97701
supply for domestic or other purposes and its proper distribution.	97702

(B) "Current operating expenses," "debt charges," "permanent	97703
improvement," "public obligations," and "subdivision" have the	97704
same meanings as in section 133.01 of the Revised Code.	97705

(C) "Construct," "construction," or "constructing" means	97706
construction, reconstruction, enlargement, extension, improvement,	97707
renovation, repair, and replacement of water supply facilities,	97708
but does not include repairs, replacements, or similar actions	97709
that do not constitute and qualify as permanent improvements.	97710

(D) "Maintain," "maintaining," or "maintenance" means	97711
repairs, replacements, and similar actions that constitute and are	97712
payable as current operating expenses and that are required to	97713
restore water supply facilities to, or to continue water supply	97714
facilities in, good order and working condition, but does not	97715
include construction of permanent improvements.	97716

(E) "Public agency" means a state and any agency or	97717
subdivision of a state, including a county, a municipal	97718
corporation, or other subdivision.	97719

(F) "County sanitary engineer" means either of the following:

97720

(1) The registered professional engineer employed or	97721
appointed by the board of county commissioners to be the county	97722
sanitary engineer as provided in section 6117.01 of the Revised	97723
Code;	97724

(2) The county engineer, if, for as long as and to the extent	97725
that engineer by agreement entered into under section 315.14 of	97726
the Revised Code is retained to discharge the duties of a county	97727
sanitary engineer under this chapter.	97728

(G) "Homestead exemption" means the reduction of taxes	97729
allowed under division (A) of section 323.152 of the Revised Code.	97730

(H) "Low- and moderate-income persons" has the same meaning	97731
as in section 175.01 of the Revised Code.	97732

Sec. 6103.02. (A) For the purpose of preserving and	97733
promoting the public health and welfare, a board of county	97734
commissioners may acquire, construct, maintain, and operate any	97735
public water supply facilities within its county for one or more	97736
sewer districts and may provide for their protection and prevent	97737
their pollution and unnecessary waste. The board may negotiate and	97738
enter into a contract with any public agency or any person for the	97739
management, maintenance, operation, and repair of the facilities	97740
on behalf of the county, upon the terms and conditions as may be	97741
agreed upon with the agency or person and as may be determined by	97742
the board to be in the interests of the county. By contract with	97743
any public agency or any person operating public water supply	97744
facilities within or without its county, the board also may	97745
provide a supply of water to a sewer district from the facilities	97746
of the public agency or person.	97747

(B) The county sanitary engineer or sanitary engineering	97748
department, in addition to other assigned duties, shall assist the	97749
board in the performance of its duties under this chapter and	97750
shall be charged with other duties and services in relation to	97751
the board's duties as the board prescribes.	97752

(C) The board may adopt, publish, administer, and enforce	97753
rules for the construction, maintenance, protection, and use of	97754
county-owned or county-operated public water supply facilities	97755
outside municipal corporations and of public water supply	97756
facilities within municipal corporations that are owned or	97757
operated by the county or that are supplied with water from water	97758
supply facilities owned or operated by the county, including, but	97759
not limited to, rules for the establishment and use of any	97760
connections, the termination in accordance with reasonable	97761
procedures of water service for nonpayment of county water rates	97762
and charges, and the establishment and use of security deposits to	97763
the extent considered necessary to ensure the payment of county	97764
water rates and charges. The rules shall not be inconsistent with	97765
the laws of the state or any applicable rules of the director of	97766
environmental protection.	97767

(D) No public water supply facilities shall be constructed in	97768
any county outside municipal corporations by any person, except	97769
for the purpose of supplying water to those municipal	97770
corporations, until the plans and specifications for the	97771
facilities have been approved by the board. Construction shall be	97772
done under the supervision of the county sanitary engineer. Any	97773
person constructing public water supply facilities shall pay to	97774
the county all expenses incurred by the board in connection with	97775
the construction.	97776

(E) The county sanitary engineer or the county sanitary	97777
engineer's authorized assistants or agents, when properly	97778
identified in writing or otherwise and after written notice is	97779
delivered to the owner at least five days in advance or mailed at	97780
least five days in advance by first class or certified mail to the	97781
owner's tax mailing address, may enter upon any public or private	97782
property for the purpose of making, and may make, surveys or	97783
inspections necessary for the design or evaluation of county	97784
public water supply facilities. This entry is not a trespass and	97785
is not to be considered an entry in connection with any	97786
appropriation of property proceedings under sections 163.01 to	97787
163.22 of the Revised Code that may be pending. No person or	97788
public agency shall forbid the county sanitary engineer or the	97789
county sanitary engineer's authorized assistants or agents to	97790
enter, or interfere with their entry, upon the property for the	97791
purpose of making the surveys or inspections. If actual damage is	97792
done to property by the making of the surveys or inspections, the	97793
board shall pay the reasonable value of the damage to the property	97794
owner, and the cost shall be included in the cost of the	97795
facilities and may be included in any special assessments levied	97796
and collected to pay that cost.	97797

(F) The board shall fix reasonable rates, including penalties	97798
for late payments, for water supplied to public agencies and	97799
persons when the source of supply or the facilities for its	97800
distribution are owned or operated by the county and may change	97801
the rates from time to time as it considers advisable. When the	97802
source of the water supply to be used by the county is owned by	97803
another public agency or person, the schedule of rates to be	97804
charged by the public agency or person shall be approved by the	97805
board at the time it enters into a contract for the use of water	97806
from the public agency or person. ~~When~~	97807

When the distribution facilities are owned by the county, the	97808
board also may fix reasonable charges to be collected for the	97809
privilege of connecting to the distribution facilities and may	97810
require that, prior to the connection, the charges be paid in full	97811
or, if determined by the board to be equitable in a resolution	97812
relating to the payment of the charges, may require their payment	97813
in installments, as considered adequate by the board, at the	97814
times, in the amounts, and with the security, carrying charges,	97815
and penalties as may be determined by the board in that resolution	97816
to be fair and appropriate. No public agency or person shall be	97817
permitted to connect to those facilities until the charges have	97818
been paid in full or provision for their payment in installments	97819
has been made. If the connection charges are to be paid in	97820
installments, the board shall certify, to the county auditor,	97821
information sufficient to identify each parcel of property served	97822
by a connection and, with respect to each parcel, the total of the	97823
charges to be paid in installments, the amount of each	97824
installment, and the total number of installments to be paid. The	97825
county auditor shall record and maintain the information so	97826
supplied in the waterworks record provided for in section 6103.16	97827
of the Revised Code until the connection charges are paid in full.	97828
The board may include amounts attributable to connection charges	97829
being paid in installments in its billings of rates and other	97830
charges for water supplied. In addition, the board may consider	97831
payments made to a school district under section 6103.25 of the	97832
Revised Code when the board establishes rates and other charges	97833
for water supplied.	97834

A board may establish discounted rates or charges or may	97835
establish another mechanism for providing a reduction in rates or	97836
charges for persons who are sixty-five years of age or older. The	97837
board shall establish eligibility requirements for such discounted	97838
or reduced rates or charges, including a requirement that a person	97839
be eligible for the homestead exemption or qualify as a low- and	97840
moderate-income person.	97841

(G) When any rates or charges are not paid when due, the	97842
board may do any or all of the following:	97843

(1) Certify the unpaid rates or charges, together with any	97844
penalties, to the county auditor. The county auditor shall place	97845
the certified amount upon the real property tax list and duplicate	97846
against the property served by the connection. The certified	97847
amount shall be a lien on the property from the date placed on the	97848
real property tax list and duplicate and shall be collected in the	97849
same manner as taxes, except that, notwithstanding section 323.15	97850
of the Revised Code, a county treasurer shall accept a payment in	97851
that amount when separately tendered as payment for the full	97852
amount of the unpaid rates or charges and associated penalties.	97853
The lien shall be released immediately upon payment in full of the	97854
certified amount.	97855

(2) Collect the unpaid rates or charges, together with any	97856
penalties, by actions at law in the name of the county from an	97857
owner, tenant, or other person or public agency that is liable for	97858
the payment of the rates or charges;	97859

(3) Terminate, in accordance with established rules, the	97860
water service to the particular property unless and until the	97861
unpaid rates or charges, together with any penalties, are paid in	97862
full;	97863

(4) Apply, to the extent required, any security deposit made	97864
in accordance with established rules to the payment of the unpaid	97865
rates and charges, together with any penalties, for water service	97866
to the particular property.	97867

All moneys collected as rates, charges, or penalties fixed or	97868
established in accordance with division (F) of this section for	97869
water supply purposes in or for any sewer district shall be paid	97870
to the county treasurer and kept in a separate and distinct water	97871
fund established by the board to the credit of the district.	97872

Each board that fixes water rates or charges may render	97873
estimated bills periodically, provided that at least quarterly it	97874
shall schedule an actual reading of each customer's meter so as to	97875
render a bill for the actual amount shown by the meter reading to	97876
be due, with credit for prior payments of any estimated bills	97877
submitted for any part of the billing period, except that	97878
estimated bills may be rendered if a customer's meter is not	97879
accessible for a timely reading or if the circumstances preclude a	97880
scheduled reading. Each board also shall establish procedures	97881
providing a fair and reasonable opportunity for the resolution of	97882
billing disputes.	97883

When property to which water service is provided is about to	97884
be sold, any party to the sale or an agent of a party may request	97885
the board to have the meter at that property read and to render,	97886
within ten days following the date on which the request is made, a	97887
final bill for all outstanding rates and charges for water	97888
service. The request shall be made at least fourteen days prior	97889
to the transfer of the title of the property.	97890

At any time prior to a certification under division (G)(1) of	97891
this section, the board shall accept any partial payment of unpaid	97892
water rates or charges in the amount of ten dollars or more.	97893

Except as otherwise provided in any proceedings authorizing	97894
or providing for the security for and payment of any public	97895
obligations, or in any indenture or trust or other agreement	97896
securing public obligations, moneys in the water fund shall be	97897
applied first to the payment of the cost of the management,	97898
maintenance, and operation of the water supply facilities of, or	97899
used or operated for, the sewer district, which cost may include	97900
the county's share of management, maintenance, and operation costs	97901
under cooperative contracts for the acquisition, construction, or	97902
use of water supply facilities and, in accordance with a cost	97903
allocation plan adopted under division (H) of this section,	97904
payment of all allowable direct and indirect costs of the	97905
district, the county sanitary engineer or sanitary engineering	97906
department, or a federal or state grant program, incurred for the	97907
purposes of this chapter, and shall be applied second to the	97908
payment of debt charges payable on any outstanding public	97909
obligations issued or incurred for the acquisition or construction	97910
of water supply facilities for or serving the district, or for the	97911
funding of a bond retirement or other fund established for the	97912
payment of or security for the obligations. Any surplus remaining	97913
may be applied to the acquisition or construction of those	97914
facilities or for the payment of contributions to be made, or	97915
costs incurred, for the acquisition or construction of those	97916
facilities under cooperative contracts. Moneys in the water fund	97917
shall not be expended other than for the use and benefit of the	97918
district.	97919

(H) A board of county commissioners may adopt a cost	97920
allocation plan that identifies, accumulates, and distributes	97921
allowable direct and indirect costs that may be paid from the	97922
water fund of the sewer district created pursuant to division (G)	97923
of this section, and that prescribes methods for allocating those	97924
costs. The plan shall authorize payment from the fund of only	97925
those costs incurred by the district, the county sanitary engineer	97926
or sanitary engineering department, or a federal or state grant	97927
program, and those costs incurred by the general and other funds	97928
of the county for a common or joint purpose, that are necessary	97929
and reasonable for the proper and efficient administration of the	97930
district under this chapter. The plan shall not authorize payment	97931
from the fund of any general government expense required to carry	97932
out the overall governmental responsibilities of a county. The	97933
plan shall conform to United States office of management and	97934
budget Circular A-87, "Cost Principles for State, Local, and	97935
Indian Tribal Governments," published May 17, 1995.	97936

Sec. 6109.21. (A) Except as provided in divisions (D) and	97937
(E) of this section, on and after January 1, 1994, no person shall	97938
operate or maintain a public water system in this state without a	97939
license issued by the director of environmental protection. A	97940
person who operates or maintains a public water system on January	97941
1, 1994, shall obtain an initial license under this section in	97942
accordance with the following schedule:	97943

(1) If the public water system is a community water system,	97944
not later than January 31, 1994;	97945

(2) If the public water system is not a community water	97946
system and serves a nontransient population, not later than	97947
January 31, 1994;	97948

(3) If the public water system is not a community water	97949
system and serves a transient population, not later than January	97950
31, 1995.	97951

A person proposing to operate or maintain a new public water	97952
system after January 1, 1994, in addition to complying with	97953
section 6109.07 of the Revised Code and rules adopted under it,	97954
shall submit an application for an initial license under this	97955
section to the director prior to commencing operation of the	97956
system.	97957

A license or license renewal issued under this section shall	97958
be renewed annually. Such a license or license renewal shall	97959
expire on the thirtieth day of January in the year following its	97960
issuance. A license holder that proposes to continue operating the	97961
public water system for which the license or license renewal was	97962
issued shall apply for a license renewal at least thirty days	97963
prior to that expiration date.	97964

The director shall adopt, and may amend and rescind, rules in	97965
accordance with Chapter 119. of the Revised Code establishing	97966
procedures governing and information to be included on	97967
applications for licenses and license renewals under this section.	97968
Through June 30, ~~2010~~2012, each application shall be accompanied	97969
by the appropriate fee established under division (M) of section	97970
3745.11 of the Revised Code, provided that an applicant for an	97971
initial license who is proposing to operate or maintain a new	97972
public water system after January 1, 1994, shall submit a fee that	97973
equals a prorated amount of the appropriate fee established under	97974
that division for the remainder of the licensing year.	97975

(B) Not later than thirty days after receiving a completed	97976
application and the appropriate license fee for an initial license	97977
under division (A) of this section, the director shall issue the	97978
license for the public water system. Not later than thirty days	97979
after receiving a completed application and the appropriate	97980
license fee for a license renewal under division (A) of this	97981
section, the director shall do one of the following:	97982

(1) Issue the license renewal for the public water system;

97983

(2) Issue the license renewal subject to terms and conditions	97984
that the director determines are necessary to ensure compliance	97985
with this chapter and rules adopted under it;	97986

(3) Deny the license renewal if the director finds that the	97987
public water system was not operated in substantial compliance	97988
with this chapter and rules adopted under it.	97989

(C) The director may suspend or revoke a license or license	97990
renewal issued under this section if the director finds that the	97991
public water system was not operated in substantial compliance	97992
with this chapter and rules adopted under it. The director shall	97993
adopt, and may amend and rescind, rules in accordance with Chapter	97994
119. of the Revised Code governing such suspensions and	97995
revocations.	97996

(D)(1) As used in division (D) of this section, "church"	97997
means a fellowship of believers, congregation, society,	97998
corporation, convention, or association that is formed primarily	97999
or exclusively for religious purposes and that is not formed or	98000
operated for the private profit of any person.	98001

(2) This section does not apply to a church that operates or	98002
maintains a public water system solely to provide water for that	98003
church or for a campground that is owned by the church and	98004
operated primarily or exclusively for members of the church and	98005
their families. A church that, on or before March 5, 1996, has	98006
obtained a license under this section for such a public water	98007
system need not obtain a license renewal under this section.	98008

(E) This section does not apply to any public or nonpublic	98009
school that meets minimum standards of the state board of	98010
education that operates or maintains a public water system solely	98011
to provide water for that school.	98012

(F) The environmental protection agency shall collect well	98013
log filing fees on behalf of the division of soil and water	98014
resources in the department of natural resources in accordance	98015
with section 1521.05 of the Revised Code and rules adopted under	98016
it. The fees shall be submitted to the division quarterly as	98017
provided in those rules.	98018

Sec. 6111.044. Upon receipt of an application for an	98019
injection well drilling permit, an injection well operating	98020
permit, a renewal of an injection well operating permit, or a	98021
modification of an injection well drilling permit, operating	98022
permit, or renewal of an operating permit, the director of	98023
environmental protection shall determine whether the application	98024
is complete and demonstrates that the activities for which the	98025
permit, renewal permit, or modification is requested will comply	98026
with the Federal Water Pollution Control Act and regulations	98027
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	98028
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	98029
under it; and this chapter and the rules adopted under it. If the	98030
application demonstrates that the proposed activities will not	98031
comply or will pose an unreasonable risk of inducing seismic	98032
activity, inducing geologic fracturing, or contamination of an	98033
underground source of drinking water, the director shall deny the	98034
application. If the application does not make the required	98035
demonstrations, the director shall return it to the applicant with	98036
an indication of those matters about which a required	98037
demonstration was not made. If the director determines that the	98038
application makes the required demonstrations, the director shall	98039
transmit copies of the application and all of the accompanying	98040
maps, data, samples, and information to the chief of the division	98041
of mineral resources management, the chief of the division of	98042
geological survey, and the chief of the division of soil and water	98043
resources in the department of natural resources.	98044

The chief of the division of geological survey shall comment	98045
upon the application if the chief determines that the proposed	98046
well or injection will present an unreasonable risk of loss or	98047
damage to valuable mineral resources. If the chief submits	98048
comments on the application, those comments shall be accompanied	98049
by an evaluation of the geological factors upon which the comments	98050
are based, including fractures, faults, earthquake potential, and	98051
the porosity and permeability of the injection zone and confining	98052
zone, and by the documentation supporting the evaluation. The	98053
director shall take into consideration the chief's comments, and	98054
the accompanying evaluation of geologic factors and supporting	98055
documentation, when considering the application. The director	98056
shall provide written notice to the chief of the director's	98057
decision on the application and, if the chief's comments are not	98058
included in the permit, renewal permit, or modification, of the	98059
director's rationale for not including them.	98060

The chief of the division of mineral resources management	98061
shall comment upon the application if the chief determines that	98062
the proposed well or injection will present an unreasonable risk	98063
that waste or contamination of recoverable oil or gas in the earth	98064
will occur. If the chief submits comments on the application,	98065
those comments shall be accompanied by an evaluation of the oil or	98066
gas reserves that, in the best professional judgment of the chief,	98067
are recoverable and will be adversely affected by the proposed	98068
well or injection, and by the documentation supporting the	98069
evaluation. The director shall take into consideration the	98070
chief's comments, and the accompanying evaluation and supporting	98071
documentation, when considering the application. The director	98072
shall provide written notice to the chief of the director's	98073
decision on the application and, if the chief's comments are not	98074
included in the permit, renewal permit, or modification, of the	98075
director's rationale for not including them.	98076

The chief of the division of soil and water resources shall	98077
assist the director in determining whether all underground sources	98078
of drinking water in the area of review of the proposed well or	98079
injection have been identified and correctly delineated in the	98080
application. If the application fails to identify or correctly	98081
delineate an underground source of drinking water, the chief shall	98082
provide written notice of that fact to the director.	98083

The chief of the division of mineral resources management	98084
also shall review the application as follows:	98085

If the application concerns the drilling or conversion of a	98086
well or the injection into a well that is not or is not to be	98087
located within five thousand feet of the excavation and workings	98088
of a mine, the chief of the division of mineral resources	98089
management shall note upon the application that it has been	98090
examined by the division of mineral resources management, retain a	98091
copy of the application and map, and immediately return a copy of	98092
the application to the director.	98093

If the application concerns the drilling or conversion of a	98094
well or the injection into a well that is or is to be located	98095
within five thousand feet, but more than five hundred feet from	98096
the surface excavations and workings of a mine, the chief of the	98097
division of mineral resources management immediately shall notify	98098
the owner or lessee of the mine that the application has been	98099
filed and send to the owner or lessee a copy of the map	98100
accompanying the application setting forth the location of the	98101
well. The chief of the division of mineral resources management	98102
shall note on the application that the notice has been sent to the	98103
owner or lessee of the mine, retain a copy of the application and	98104
map, and immediately return a copy of the application to the	98105
director with the chief's notation on it.	98106

If the application concerns the drilling or conversion of a	98107
well or the injection into a well that is or is to be located	98108
within five thousand feet of the underground excavations and	98109
workings of a mine or within five hundred feet of the surface	98110
excavations and workings of a mine, the chief of the division of	98111
mineral resources management immediately shall notify the owner or	98112
lessee of the mine that the application has been filed and send to	98113
the owner or lessee a copy of the map accompanying the application	98114
setting forth the location of the well. If the owner or lessee	98115
objects to the application, the owner or lessee shall notify the	98116
chief of the division of mineral resources management of the	98117
objection, giving the reasons, within six days after the receipt	98118
of the notice. If the chief of the division of mineral resources	98119
management receives no objections from the owner or lessee of the	98120
mine within ten days after the receipt of the notice by the owner	98121
or lessee, or if in the opinion of the chief of the division of	98122
mineral resources management the objections offered by the owner	98123
or lessee are not sufficiently ~~well-founded~~well founded, the	98124
chief shall retain a copy of the application and map and return a	98125
copy of the application to the director with any applicable notes	98126
concerning it.	98127

If the chief of the division of mineral resources management	98128
receives an objection from the owner or lessee of the mine as to	98129
the application, within ten days after receipt of the notice by	98130
the owner or lessee, and if in the opinion of the chief the	98131
objection is ~~well-founded~~well founded, the chief shall disapprove	98132
the application and immediately return it to the director together	98133
with the chief's reasons for the disapproval. The director	98134
promptly shall notify the applicant for the permit, renewal	98135
permit, or modification of the disapproval. The applicant may	98136
appeal the disapproval of the application by the chief of the	98137
division of mineral resources management to the reclamation	98138
commission created under section 1513.05 of the Revised Code, and	98139
the commission shall hear the appeal in accordance with section	98140
1513.13 of the Revised Code. The appeal shall be filed within	98141
thirty days from the date the applicant receives notice of the	98142
disapproval. No comments concerning or disapproval of an	98143
application shall be delayed by the chief of the division of	98144
mineral resources management for more than fifteen days from the	98145
date of sending of notice to the mine owner or lessee as required	98146
by this section.	98147

The director shall not approve an application for an	98148
injection well drilling permit, an injection well operating	98149
permit, a renewal of an injection well operating permit, or a	98150
modification of an injection well drilling permit, operating	98151
permit, or renewal of an operating permit for a well that is or is	98152
to be located within three hundred feet of any opening of any mine	98153
used as a means of ingress, egress, or ventilation for persons	98154
employed in the mine, nor within one hundred feet of any building	98155
or flammable structure connected with the mine and actually used	98156
as a part of the operating equipment of the mine, unless the chief	98157
of the division of mineral resources management determines that	98158
life or property will not be endangered by drilling and operating	98159
the well in that location.	98160

Upon review by the chief of the division of mineral resources	98161
management, the chief of the division of geological survey, and	98162
the chief of the division of soil and water resources, and if the	98163
chief of the division of mineral resources management has not	98164
disapproved the application, the director shall issue a permit,	98165
renewal permit, or modification with any terms and conditions that	98166
may be necessary to comply with the Federal Water Pollution	98167
Control Act and regulations adopted under it; the "Safe Drinking	98168
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended,	98169
and regulations adopted under it; and this chapter and the rules	98170
adopted under it. The director shall not issue a permit, renewal	98171
permit, or modification to an applicant if the applicant or	98172
persons associated with the applicant have engaged in or are	98173
engaging in a substantial violation of this chapter that is	98174
endangering or may endanger human health or the environment or if,	98175
in the case of an applicant for an injection well drilling permit,	98176
the applicant, at the time of applying for the permit, did not	98177
hold an injection well operating permit or renewal of an injection	98178
well drilling permit and failed to demonstrate sufficient	98179
expertise and competency to operate the well in compliance with	98180
the applicable provisions of this chapter.	98181

If the director receives a disapproval from the chief of the	98182
division of mineral resources management regarding an application	98183
for an injection well drilling or operating permit, renewal	98184
permit, or modification, if required, the director shall issue an	98185
order denying the application.	98186

The director need not issue a proposed action under section	98187
3745.07 of the Revised Code or hold an adjudication hearing under	98188
that section and Chapter 119. of the Revised Code before issuing	98189
or denying a permit, renewal permit, or modification of a permit	98190
or renewal permit. Before issuing or renewing a permit to drill or	98191
operate a class I injection well or a modification of it, the	98192
director shall propose the permit, renewal permit, or modification	98193
in draft form and shall hold a public hearing to receive public	98194
comment on the draft permit, renewal permit, or modification. At	98195
least fifteen days before the public hearing on a draft permit,	98196
renewal permit, or modification, the director shall publish notice	98197
of the date, time, and location of the public hearing in at least	98198
one newspaper of general circulation serving the area where the	98199
well is or is to be located. The proposing of such a draft permit,	98200
renewal permit, or modification does not constitute the issuance	98201
of a proposed action under section 3745.07 of the Revised Code,	98202
and the holding of the public hearing on such a draft permit,	98203
renewal permit, or modification does not constitute the holding of	98204
an adjudication hearing under that section and Chapter 119. of the	98205
Revised Code. Appeals of orders other than orders of the chief of	98206
the division of mineral resources management shall be taken under	98207
sections 3745.04 to 3745.08 of the Revised Code.	98208

The director may order that an injection well drilling permit	98209
or an injection well operating permit or renewal permit be	98210
suspended and that activities under it cease after determining	98211
that those activities are occurring in violation of law, rule,	98212
order, or term or condition of the permit. Upon service of a copy	98213
of the order upon the permit holder or the permit holder's	98214
authorized agent or assignee, the permit and activities under it	98215
shall be suspended immediately without prior hearing and shall	98216
remain suspended until the violation is corrected and the order of	98217
suspension is lifted. If a violation is the second within a	98218
one-year period, the director, after a hearing, may revoke the	98219
permit.	98220

The director may order that an injection well drilling permit	98221
or an injection well operating permit or renewal permit be	98222
suspended and that activities under it cease if the director has	98223
reasonable cause to believe that the permit would not have been	98224
issued if the information available at the time of suspension had	98225
been available at the time a determination was made by one of the	98226
agencies acting under authority of this section. Upon service of a	98227
copy of the order upon the permit holder or the permit holder's	98228
authorized agent or assignee, the permit and activities under it	98229
shall be suspended immediately without prior hearing, but a permit	98230
may not be suspended for that reason without prior hearing unless	98231
immediate suspension is necessary to prevent waste or	98232
contamination of oil or gas, comply with the Federal Water	98233
Pollution Control Act and regulations adopted under it; the "Safe	98234
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	98235
amended, and regulations adopted under it; and this chapter and	98236
the rules adopted under it, or prevent damage to valuable mineral	98237
resources, prevent contamination of an underground source of	98238
drinking water, or prevent danger to human life or health. If	98239
after a hearing the director determines that the permit would not	98240
have been issued if the information available at the time of the	98241
hearing had been available at the time a determination was made by	98242
one of the agencies acting under authority of this section, the	98243
director shall revoke the permit.	98244

When a permit has been revoked, the permit holder or other	98245
person responsible for it immediately shall plug the well in the	98246
manner required by the director.	98247

The director may issue orders to prevent or require cessation	98248
of violations of this section, section 6111.043, 6111.045,	98249
6111.046, or 6111.047 of the Revised Code, rules adopted under any	98250
of those sections, and terms or conditions of permits issued under	98251
any of them. The orders may require the elimination of conditions	98252
caused by the violation.	98253

Sec. 6117.01. (A) As used in this chapter:

98254

(1) "Sanitary facilities" means sanitary sewers, force mains,	98255
lift or pumping stations, and facilities for the treatment,	98256
disposal, impoundment, or storage of wastes; equipment and	98257
furnishings; and all required appurtenances and necessary real	98258
estate and interests in real estate.	98259

(2) "Drainage" or "waters" means flows from rainfall or	98260
otherwise produced by, or resulting from, the elements, storm	98261
water discharges and releases or migrations of waters from	98262
properties, accumulations, flows, and overflows of water,	98263
including accelerated flows and runoffs, flooding and threats of	98264
flooding of properties and structures, and other surface and	98265
subsurface drainage.	98266

(3) "Drainage facilities" means storm sewers, force mains,	98267
pumping stations, and facilities for the treatment, disposal,	98268
impoundment, retention, control, or storage of waters;	98269
improvements of or for any channel, ditch, drain, floodway, or	98270
watercourse, including location, construction, reconstruction,	98271
reconditioning, widening, deepening, cleaning, removal of	98272
obstructions, straightening, boxing, culverting, tiling, filling,	98273
walling, arching, or change in course, location, or terminus;	98274
improvements of or for a river, creek, or run, including	98275
reinforcement of banks, enclosing, deepening, widening,	98276
straightening, removal of obstructions, or change in course,	98277
location, or terminus; facilities for the protection of lands from	98278
the overflow of water, including a levee, wall, embankment, jetty,	98279
dike, dam, sluice, revetment, reservoir, retention or holding	98280
basin, control gate, or breakwater; facilities for controlled	98281
drainage, regulation of stream flow, and protection of an outlet;	98282
the vacation of a ditch or drain; equipment and furnishings; and	98283
all required appurtenances and necessary real estate and interests	98284
in real estate.	98285

(4) "County sanitary engineer" means either of the following:

98286

(a) The registered professional engineer employed or	98287
appointed by the board of county commissioners to be the county	98288
sanitary engineer as provided in this section3;	98289

(b) The county engineer, if, for as long as and to the extent	98290
that engineer by agreement entered into under section 315.14 of	98291
the Revised Code is retained to discharge duties of a county	98292
sanitary engineer under this chapter.	98293

(5) "Current operating expenses," "debt charges," "permanent	98294
improvement," "public obligations," and "subdivision" have the	98295
same meanings as in section 133.01 of the Revised Code.	98296

(6) "Construct," "construction," or "constructing" means	98297
construction, reconstruction, enlargement, extension, improvement,	98298
renovation, repair, and replacement of sanitary or drainage	98299
facilities or of prevention or replacement facilities, but does	98300
not include any repairs, replacements, or similar actions that do	98301
not constitute and qualify as permanent improvements.	98302

(7) "Maintain," "maintaining," or "maintenance" means	98303
repairs, replacements, and similar actions that constitute and are	98304
payable as current operating expenses and that are required to	98305
restore sanitary or drainage facilities or prevention or	98306
replacement facilities to, or to continue sanitary or drainage	98307
facilities or prevention or replacement facilities in, good order	98308
and working condition, but does not include construction of	98309
permanent improvements.	98310

(8) "Public agency" means a state and any agency or	98311
subdivision of a state, including a county, a municipal	98312
corporation, or other subdivision.	98313

(9) "Combined sewer" means a sewer system that is designed to	98314
collect and convey sewage, including domestic, commercial, and	98315
industrial wastewater, and storm water through a single-pipe	98316
system to a treatment works or combined sewer overflow outfall	98317
approved by the director of environmental protection.	98318

(10) "Prevention or replacement facilities" means vegetated	98319
swales or median strips, permeable pavement, trees and tree boxes,	98320
rain barrels and cisterns, rain gardens and filtration planters,	98321
vegetated roofs, wetlands, riparian buffers, and practices and	98322
structures that use or mimic natural processes to filter or reuse	98323
storm water.	98324

(11) "Homestead exemption" means the reduction of taxes	98325
allowed under division (A) of section 323.152 of the Revised Code.	98326

(12) "Low- and moderate-income person" has the same meaning	98327
as in section 175.01 of the Revised Code.	98328

(B)(1) For the purpose of preserving and promoting the public	98329
health and welfare, a board of county commissioners may lay out,	98330
establish, consolidate, or otherwise modify the boundaries of, and	98331
maintain, one or more sewer districts within the county and	98332
outside municipal corporations and may have a registered	98333
professional engineer make the surveys necessary for the	98334
determination of the proper boundaries of each district, which	98335
shall be designated by an appropriate name or number. The board	98336
may acquire, construct, maintain, and operate within any district	98337
sanitary or drainage facilities that it determines to be necessary	98338
or appropriate for the collection of sewage and other wastes	98339
originating in or entering the district, to comply with the	98340
provisions of a contract entered into for the purposes described	98341
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	98342
those sections or other applicable provisions of law, or for the	98343
collection, control, or abatement of waters originating or	98344
accumulating in, or flowing in, into, or through, the district,	98345
and other sanitary or drainage facilities, within or outside of	98346
the district, that it determines to be necessary or appropriate to	98347
conduct the wastes and waters to a proper outlet and to provide	98348
for their proper treatment, disposal, and disposition. The board	98349
may provide for the protection of the sanitary and drainage	98350
facilities and may negotiate and enter into a contract with any	98351
public agency or person for the management, maintenance,	98352
operation, and repair of any of the facilities on behalf of the	98353
county upon the terms and conditions that may be agreed upon with	98354
the agency or person and that may be determined by the board to be	98355
in the best interests of the county. By contract with any public	98356
agency or person operating sanitary or drainage facilities within	98357
or outside of the county, the board may provide a proper outlet	98358
for any of the wastes and waters and for their proper treatment,	98359
disposal, and disposition.	98360

(2) For purposes of preventing storm water from entering a	98361
combined sewer and causing an overflow or an inflow to a sanitary	98362
sewer, the board may acquire, design, construct, operate, repair,	98363
maintain, and provide for a project or program that separates	98364
storm water from a combined sewer or for a prevention or	98365
replacement facility that prevents or minimizes storm water from	98366
entering a combined sewer or a sanitary sewer.	98367

(C) The board of county commissioners may employ a registered	98368
professional engineer to be the county sanitary engineer for the	98369
time and on the terms it considers best and may authorize the	98370
county sanitary engineer to employ necessary assistants upon the	98371
terms fixed by the board. Prior to the initial assignment of	98372
drainage facilities duties to the county sanitary engineer, if the	98373
county sanitary engineer is not the county engineer, the board	98374
first shall offer to enter into an agreement with the county	98375
engineer pursuant to section 315.14 of the Revised Code for	98376
assistance in the performance of those duties of the board	98377
pertaining to drainage facilities, and the county engineer shall	98378
accept or reject the offer within thirty days after the date the	98379
offer is made.	98380

The board may create and maintain a sanitary engineering	98381
department, which shall be under its supervision and which shall	98382
be headed by the county sanitary engineer, for the purpose of	98383
aiding it in the performance of its duties under this chapter and	98384
Chapter 6103. of the Revised Code or its other duties regarding	98385
sanitation, drainage, and water supply provided by law. The board	98386
shall provide suitable facilities for the use of the department	98387
and shall provide for and pay the compensation of the county	98388
sanitary engineer and all authorized necessary expenses of the	98389
county sanitary engineer and the sanitary engineering department.	98390
The county sanitary engineer, with the approval of the board, may	98391
appoint necessary assistants and clerks, and the compensation of	98392
those assistants and clerks shall be provided for and paid by the	98393
board.	98394

(D) The board of county commissioners may adopt, publish,	98395
administer, and enforce rules for the construction, maintenance,	98396
protection, and use of county-owned or county-operated sanitary	98397
and drainage facilities and prevention or replacement facilities	98398
outside municipal corporations, and of sanitary and drainage	98399
facilities and prevention or replacement facilities within	98400
municipal corporations that are owned or operated by the county	98401
or that discharge into sanitary or drainage facilities or	98402
prevention or replacement facilities owned or operated by the	98403
county, including, but not limited to, rules for the establishment	98404
and use of any connections, the termination in accordance with	98405
reasonable procedures of sanitary service for the nonpayment of	98406
county sanitary rates and charges and, if so determined, the	98407
concurrent termination of any county water service for the	98408
nonpayment of those rates and charges, the termination in	98409
accordance with reasonable procedures of drainage service for the	98410
nonpayment of county drainage rates and charges, and the	98411
establishment and use of security deposits to the extent	98412
considered necessary to ensure the payment of county sanitary or	98413
drainage rates and charges. The rules shall not be inconsistent	98414
with the laws of this state or any applicable rules of the	98415
director of environmental protection.	98416

(E) No sanitary or drainage facilities or prevention or	98417
replacement facilities shall be constructed in any county outside	98418
municipal corporations by any person until the plans and	98419
specifications have been approved by the board of county	98420
commissioners, and any construction shall be done under the	98421
supervision of the county sanitary engineer. Not less than thirty	98422
days before the date drainage plans are submitted to the board for	98423
its approval, the plans shall be submitted to the county engineer.	98424
If the county engineer is of the opinion after review that the	98425
facilities will have a significant adverse effect on roads,	98426
culverts, bridges, or existing maintenance within the county, the	98427
county engineer may submit a written opinion to the board not	98428
later than thirty days after the date the plans are submitted to	98429
the county engineer. The board may take action relative to the	98430
drainage plans only after the earliest of receiving the written	98431
opinion of the county engineer, receiving a written waiver of	98432
submission of an opinion from the county engineer, or passage of	98433
thirty days from the date the plans are submitted to the county	98434
engineer. Any person constructing the facilities shall pay to the	98435
county all expenses incurred by the board in connection with the	98436
construction.	98437

(F) The county sanitary engineer or the county sanitary	98438
engineer's authorized assistants or agents, when properly	98439
identified in writing or otherwise and after written notice is	98440
delivered to the owner at least five days in advance or is mailed	98441
at least five days in advance by first class or certified mail to	98442
the owner's tax mailing address, may enter upon any public or	98443
private property for the purpose of making, and may make, surveys	98444
or inspections necessary for the laying out of sewer districts or	98445
the design or evaluation of county sanitary or drainage facilities	98446
or prevention or replacement facilities. This entry is not a	98447
trespass and is not to be considered an entry in connection with	98448
any appropriation of property proceedings under sections 163.01 to	98449
163.22 of the Revised Code that may be pending. No person or	98450
public agency shall forbid the county sanitary engineer or the	98451
county sanitary engineer's authorized assistants or agents to	98452
enter, or interfere with their entry, upon the property for that	98453
purpose or forbid or interfere with their making of surveys or	98454
inspections. If actual damage is done to property by the making of	98455
the surveys and inspections, the board shall pay the reasonable	98456
value of the damage to the property owner, and the cost shall be	98457
included in the cost of the facilities and may be included in any	98458
special assessments to be levied and collected to pay that cost.	98459

Sec. 6117.02. (A) The board of county commissioners shall	98460
fix reasonable rates, including penalties for late payments, for	98461
the use, or the availability for use, of the sanitary facilities	98462
of a sewer district to be paid by every person and public agency	98463
whose premises are served, or capable of being served, by a	98464
connection directly or indirectly to those facilities when those	98465
facilities are owned or operated by the county and may change the	98466
rates from time to time as it considers advisable. When the	98467
sanitary facilities to be used by the county are owned by another	98468
public agency or person, the schedule of rates to be charged by	98469
the public agency or person for the use of the facilities by the	98470
county, or the formula or other procedure for their determination,	98471
shall be approved by the board at the time it enters into a	98472
contract for that use.	98473

(B) The board also shall establish reasonable charges to be	98474
collected for the privilege of connecting to the sanitary	98475
facilities of the district, with the requirement that, prior to	98476
the connection, the charges shall be paid in full, or, if	98477
determined by the board to be equitable in a resolution relating	98478
to the payment of the charges, provision considered adequate by	98479
the board shall be made for their payment in installments at the	98480
times, in the amounts, and with the security, carrying charges,	98481
and penalties as may be found by the board in that resolution to	98482
be fair and appropriate. No public agency or person shall be	98483
permitted to connect to those facilities until the charges have	98484
been paid in full or provision for their payment in installments	98485
has been made. If the connection charges are to be paid in	98486
installments, the board shall certify to the county auditor	98487
information sufficient to identify each parcel of property served	98488
by a connection and, with respect to each parcel, the total of the	98489
charges to be paid in installments, the amount of each	98490
installment, and the total number of installments to be paid. The	98491
auditor shall record and maintain the information supplied in the	98492
sewer improvement record provided for in section 6117.33 of the	98493
Revised Code until the connection charges are paid in full. The	98494
board may include amounts attributable to connection charges being	98495
paid in installments in its billings of rates and charges for the	98496
use of sanitary facilities.	98497

(C) When any of the sanitary rates or charges are not paid	98498
when due, the board may do any or all of the following as it	98499
considers appropriate:	98500

(1) Certify the unpaid rates or charges, together with any	98501
penalties, to the county auditor, who shall place them upon the	98502
real property tax list and duplicate against the property served	98503
by the connection. The certified amount shall be a lien on the	98504
property from the date placed on the real property tax list and	98505
duplicate and shall be collected in the same manner as taxes,	98506
except that, notwithstanding section 323.15 of the Revised Code, a	98507
county treasurer shall accept a payment in that amount when	98508
separately tendered as payment for the full amount of the unpaid	98509
sanitary rates or charges and associated penalties. The lien shall	98510
be released immediately upon payment in full of the certified	98511
amount.	98512

(2) Collect the unpaid rates or charges, together with any	98513
penalties, by actions at law in the name of the county from an	98514
owner, tenant, or other person or public agency that is liable for	98515
the payment of the rates or charges;	98516

(3) Terminate, in accordance with established rules, the	98517
sanitary service to the particular property and, if so determined,	98518
any county water service to that property, unless and until the	98519
unpaid sanitary rates or charges, together with any penalties, are	98520
paid in full;	98521

(4) Apply, to the extent required, any security deposit made	98522
in accordance with established rules to the payment of sanitary	98523
rates and charges for service to the particular property.	98524

All moneys collected as sanitary rates, charges, or penalties	98525
fixed or established in accordance with divisions (A) and (B) of	98526
this section for any sewer district shall be paid to the county	98527
treasurer and kept in a separate and distinct sanitary fund	98528
established by the board to the credit of the district. Except as	98529
otherwise provided in any proceedings authorizing or providing for	98530
the security for and payment of any public obligations, or in any	98531
indenture or trust or other agreement securing public obligations,	98532
moneys in the sanitary fund shall be applied first to the payment	98533
of the cost of the management, maintenance, and operation of the	98534
sanitary facilities of, or used or operated for, the district,	98535
which cost may include the county's share of management,	98536
maintenance, and operation costs under cooperative contracts for	98537
the acquisition, construction, or use of sanitary facilities and,	98538
in accordance with a cost allocation plan adopted under division	98539
(E) of this section, payment of all allowable direct and indirect	98540
costs of the district, the county sanitary engineer or sanitary	98541
engineering department, or a federal or state grant program,	98542
incurred for sanitary purposes under this chapter, and shall be	98543
applied second to the payment of debt charges payable on any	98544
outstanding public obligations issued or incurred for the	98545
acquisition or construction of sanitary facilities for or serving	98546
the district, or for the funding of a bond retirement or other	98547
fund established for the payment of or security for the	98548
obligations. Any surplus remaining may be applied to the	98549
acquisition or construction of those facilities or for the payment	98550
of contributions to be made, or costs incurred, for the	98551
acquisition or construction of those facilities under cooperative	98552
contracts. Moneys in the sanitary fund shall not be expended other	98553
than for the use and benefit of the district.	98554

(D) The board may fix reasonable rates and charges, including	98555
connection charges and penalties for late payments, to be paid by	98556
any person or public agency owning or having possession or control	98557
of any properties that are connected with, capable of being served	98558
by, or otherwise served directly or indirectly by, drainage	98559
facilities owned or operated by or under the jurisdiction of the	98560
county, including, but not limited to, properties requiring, or	98561
lying within an area of the district requiring, in the judgment of	98562
the board, the collection, control, or abatement of waters	98563
originating or accumulating in, or flowing in, into, or through,	98564
the district, and may change those rates and charges from time to	98565
time as it considers advisable. In addition, the board may fix the	98566
rates and charges in order to pay the costs of complying with the	98567
requirements of phase II of the storm water program of the	98568
national pollutant discharge elimination system established in 40	98569
C.F.R. part 122.	98570

The rates and charges shall be payable periodically as	98571
determined by the board, except that any connection charges shall	98572
be paid in full in one payment, or, if determined by the board to	98573
be equitable in a resolution relating to the payment of those	98574
charges, provision considered adequate by the board shall be made	98575
for their payment in installments at the times, in the amounts,	98576
and with the security, carrying charges, and penalties as may be	98577
found by the board in that resolution to be fair and appropriate.	98578
The board may include amounts attributable to connection charges	98579
being paid in installments in its billings of rates and charges	98580
for the services provided by the drainage facilities. In the case	98581
of rates and charges that are fixed in order to pay the costs of	98582
complying with the requirements of phase II of the storm water	98583
program of the national pollutant discharge elimination system	98584
established in 40 C.F.R. part 122, the rates and charges may be	98585
paid annually or semiannually with real property taxes, provided	98586
that the board certifies to the county auditor information that is	98587
sufficient for the auditor to identify each parcel of property for	98588
which a rate or charge is levied and the amount of the rate or	98589
charge.	98590

When any of the drainage rates or charges are not paid when	98591
due, the board may do any or all of the following as it considers	98592
appropriate:	98593

(1) Certify the unpaid rates or charges, together with any	98594
penalties, to the county auditor, who shall place them upon the	98595
real property tax list and duplicate against the property to which	98596
the rates or charges apply. The certified amount shall be a lien	98597
on the property from the date placed on the real property tax list	98598
and duplicate and shall be collected in the same manner as taxes,	98599
except that notwithstanding section 323.15 of the Revised Code, a	98600
county treasurer shall accept a payment in that amount when	98601
separately tendered as payment for the full amount of the unpaid	98602
drainage rates or charges and associated penalties. The lien	98603
shall be released immediately upon payment in full of the	98604
certified amount.	98605

(2) Collect the unpaid rates or charges, together with any	98606
penalties, by actions at law in the name of the county from an	98607
owner, tenant, or other person or public agency that is liable for	98608
the payment of the rates or charges;	98609

(3) Terminate, in accordance with established rules, the	98610
drainage service for the particular property until the unpaid	98611
rates or charges, together with any penalties, are paid in full;	98612

(4) Apply, to the extent required, any security deposit made	98613
in accordance with established rules to the payment of drainage	98614
rates and charges applicable to the particular property.	98615

All moneys collected as drainage rates, charges, or penalties	98616
in or for any sewer district shall be paid to the county treasurer	98617
and kept in a separate and distinct drainage fund established by	98618
the board to the credit of the district. Except as otherwise	98619
provided in any proceedings authorizing or providing for the	98620
security for and payment of any public obligations, or in any	98621
indenture or trust or other agreement securing public obligations,	98622
moneys in the drainage fund shall be applied first to the payment	98623
of the cost of the management, maintenance, and operation of the	98624
drainage facilities of, or used or operated for, the district,	98625
which cost may include the county's share of management,	98626
maintenance, and operation costs under cooperative contracts for	98627
the acquisition, construction, or use of drainage facilities and,	98628
in accordance with a cost allocation plan adopted under division	98629
(E) of this section, payment of all allowable direct and indirect	98630
costs of the district, the county sanitary engineer or sanitary	98631
engineering department, or a federal or state grant program,	98632
incurred for drainage purposes under this chapter, and shall be	98633
applied second to the payment of debt charges payable on any	98634
outstanding public obligations issued or incurred for the	98635
acquisition or construction of drainage facilities for or serving	98636
the district, or for the funding of a bond retirement or other	98637
fund established for the payment of or security for the	98638
obligations. Any surplus remaining may be applied to the	98639
acquisition or construction of those facilities or for the payment	98640
of contributions to be made, or costs incurred, for the	98641
acquisition or construction of those facilities under cooperative	98642
contracts. Moneys in the drainage fund shall not be expended other	98643
than for the use and benefit of the district.	98644

(E) A board of county commissioners may adopt a cost	98645
allocation plan that identifies, accumulates, and distributes	98646
allowable direct and indirect costs that may be paid from each of	98647
the funds of the district created pursuant to divisions (C) and	98648
(D) of this section, and that prescribes methods for allocating	98649
those costs. The plan shall authorize payment from each of those	98650
funds of only those costs incurred by the district, the county	98651
sanitary engineer or sanitary engineering department, or a federal	98652
or state grant program, and those costs incurred by the general	98653
and other funds of the county for a common or joint purpose, that	98654
are necessary and reasonable for the proper and efficient	98655
administration of the district under this chapter and properly	98656
attributable to the particular fund of the district. The plan	98657
shall not authorize payment from either of the funds of any	98658
general government expense required to carry out the overall	98659
governmental responsibilities of a county. The plan shall conform	98660
to United States office of management and budget Circular A-87,	98661
"Cost Principles for State, Local, and Indian Tribal Governments,"	98662
published May 17, 1995.	98663

(F) A board of county commissioners may establish discounted	98664
rates or charges or may establish another mechanism for providing	98665
a reduction in rates or charges for persons who are sixty-five	98666
years of age or older. The board shall establish eligibility	98667
requirements for such discounted or reduced rates or charges,	98668
including a requirement that a person be eligible for the	98669
homestead exemption or qualify as a low- and moderate-income	98670
person.	98671

Sec. 6119.011. As used in ~~Chapter 6119. of the Revised Code~~	98672
this chapter:	98673

(A) "Court of common pleas" or "court" means, unless the	98674
context indicates a different meaning or intent, the court of	98675
common pleas in which the petition for the organization of a	98676
regional water and sewer district is filed.	98677

(B) "Political subdivision" includes departments, divisions,	98678
authorities, or other units of state governments, watershed	98679
districts, soil and water conservation districts, park districts,	98680
municipal corporations, counties, townships, and other political	98681
subdivisions, special water districts, including county and	98682
regional water and sewer districts, conservancy districts,	98683
sanitary districts, sewer districts or any other public	98684
corporation or agency having the authority to acquire, construct,	98685
or operate waste water or water management facilities, and all	98686
other governmental agencies now or hereafter granted the power of	98687
levying taxes or special assessments, the United States or any	98688
agency thereof, and any agency, commission, or authority	98689
established pursuant to an interstate compact or agreement.	98690

(C) "Person" means any natural person, firm, partnership,	98691
association, or corporation other than a political subdivision.	98692

(D) "Beneficial use" means a use of water, including the	98693
method of diversion, storage, transportation, treatment, and	98694
application, that is reasonable and consistent with the public	98695
interest in the proper utilization of water resources, including,	98696
but not limited to, domestic, agricultural, industrial, power,	98697
municipal, navigational, fish and wildlife, and recreational uses.	98698

(E) "Waters of the state" ~~mean~~means all streams, lakes,	98699
ponds, marshes, watercourses, waterways, wells, springs,	98700
irrigation systems, drainage systems, and all other bodies or	98701
accumulations of water, surface and underground, natural or	98702
artificial, ~~which~~that are situated wholly or partly within, or	98703
border upon, this state, or are within its jurisdiction, except	98704
those private waters ~~which~~that do not combine or effect a	98705
junction with natural surface or underground waters.	98706

(F) "Water resources" means all waters of the state occurring	98707
on the surface in natural or artificial channels, lakes,	98708
reservoirs, or impoundments, and in subsurface aquifers, ~~which~~	98709
that are available or may be made available to agricultural,	98710
commercial, recreational, public, and domestic users.	98711

(G) "Project" or "water resource project" means any waste	98712
water facility or water management facility acquired, constructed,	98713
or operated by or leased to a regional water and sewer district or	98714
to be acquired, constructed, or operated by or leased to a	98715
regional water and sewer district under ~~Chapter 6119. of the~~	98716
~~Revised Code~~this chapter, or acquired or constructed or to be	98717
acquired or constructed by a political subdivision with a portion	98718
of the cost thereof being paid from a loan or grant from the	98719
district under ~~Chapter 6119. of the Revised Code~~this chapter,	98720
including all buildings and facilities ~~which~~that the district	98721
considers necessary for the operation of the project, together	98722
with all property, rights, easements, and interest ~~which~~that may	98723
be required for the operation of the project. Any water resource	98724
project shall be determined by the board of trustees of the	98725
district to be consistent with any applicable comprehensive plan	98726
of water management approved by the director of natural resources	98727
~~of the state~~ or in the process of preparation by ~~such~~the director	98728
and to be not inconsistent with the standards set for the waters	98729
of the state affected thereby by the ~~water pollution control board~~	98730
~~of the state~~environmental protection agency. Any resolution of	98731
the board of trustees of the district providing for acquiring,	98732
operating, leasing, or constructing such projects or for making a	98733
loan or grant for such projects shall include a finding by the	98734
board of trustees of the district that ~~such~~those determinations	98735
have been made.	98736

(H) "Pollution" means the placing of any noxious or	98737
deleterious substances in any waters of the state or affecting the	98738
properties of any waters of the state in a manner ~~which~~that	98739
renders ~~such~~those waters harmful or inimical to the public	98740
health, or to animal or aquatic life, or to the use of ~~such~~the	98741
waters for domestic water supply, industrial or agricultural	98742
purposes, or recreation.	98743

(I) "Sewage" means any substance that contains any of the	98744
waste products or excrementitious or other discharge from the	98745
bodies of human beings or animals~~, which~~that pollutes the waters	98746
of the state.	98747

(J) "Industrial waste" means any liquid, gaseous, or solid	98748
waste substance resulting from any process of industry,	98749
manufacture, trade, or business, or from the development,	98750
processing, or recovery of any natural resource, together with	98751
such sewage as is present, ~~which~~that pollutes the waters of the	98752
state.	98753

(K) "Waste water" means any storm water and any water	98754
containing sewage or industrial waste or other pollutants or	98755
contaminants derived from the prior use of ~~such~~the water.	98756

(L) "Waste water facilities" means facilities for the purpose	98757
of treating, neutralizing, disposing of, stabilizing, cooling,	98758
segregating, or holding waste water, including, without limiting	98759
the generality of the foregoing, facilities for the treatment and	98760
disposal of sewage or industrial waste and the residue thereof,	98761
facilities for the temporary or permanent impoundment of waste	98762
water, both surface and underground, and storm and sanitary sewers	98763
and other systems, whether on the surface or underground, designed	98764
to transport waste water, together with the equipment and	98765
furnishings thereof and their appurtenances and systems, whether	98766
on the surface or underground, including force mains and pumping	98767
facilities therefor when necessary.	98768

(M) "Water management facilities" means facilities for the	98769
purpose of the development, use, and protection of water	98770
resources, including, without limiting the generality of the	98771
foregoing, facilities for water supply, facilities for stream flow	98772
improvement, dams, reservoirs, and other impoundments, water	98773
transmission lines, water wells and well fields, pumping stations	98774
and works for underground water recharge, stream monitoring	98775
systems, facilities for the stabilization of stream and river	98776
banks, and facilities for the treatment of streams and rivers,	98777
including, without limiting the generality of the foregoing,	98778
facilities for the removal of oil, debris, and other solid waste	98779
from the waters of the state and stream and river aeration	98780
facilities.	98781

(N) "Cost" as applied to water resource projects means the	98782
cost of acquisition and construction, the cost of acquisition of	98783
all land, rights-of-way, property rights, easements, franchise	98784
rights, and interests required by the district for such	98785
acquisition and construction, the cost of demolishing or removing	98786
any buildings or structures on land so acquired, including the	98787
cost of acquiring any lands to which such buildings or structures	98788
may be moved, the cost of acquiring or constructing and equipping	98789
a principal office and sub-offices of the district, the cost of	98790
diverting highways, interchange of highways, and access roads to	98791
private property, including the cost of land or easements	98792
therefor, the cost of all machinery, furnishings, and equipment,	98793
financing charges, interest prior to and during construction and	98794
for no more than eighteen months after completion of ~~acquistion~~	98795
acquisition or construction, engineering, expenses of research and	98796
development with respect to waste water or water management	98797
facilities, legal expenses, plans, specifications, surveys,	98798
estimates of cost and revenues, working capital, other expenses	98799
necessary or incident to determining the feasibility or	98800
practicability of acquiring or constructing any such project,	98801
administrative expense, and such other expense as may be necessary	98802
or incident to the acquisition or construction of the project, the	98803
financing of ~~such~~the acquisition or construction, including the	98804
amount authorized in the resolution of the district providing for	98805
the issuance of water resource revenue bonds to be paid into any	98806
special funds from the proceeds of ~~such~~those bonds and the	98807
financing of the placing of any such project in operation. Any	98808
obligation or expense incurred by any political subdivision, and	98809
approved by the district, for surveys, borings, preparation of	98810
plans and specifications, and other engineering services in	98811
connection with the acquisition or construction of a project shall	98812
be regarded as a part of the cost of ~~such~~the project and may be	98813
reimbursed by the district.	98814

(O) "Owner" includes all individuals, partnerships,	98815
associations, corporations, or political subdivisions having any	98816
title or interest in any property rights, easements, and interests	98817
authorized to be acquired by ~~Chapter 6119. of the Revised Code~~	98818
this chapter.	98819

(P) "Revenues" means all rentals and other charges received	98820
by a district for the use or services of any project, all special	98821
assessments levied by the district pursuant to ~~Chapter 6119. of~~	98822
~~the Revised Code~~this chapter, any gift or grant received with	98823
respect thereto, and moneys received in repayment of and for	98824
interest on any loan made by the district to a political	98825
subdivision, whether from the United States or a department,	98826
administration, or agency thereof, or otherwise.	98827

(Q) "Public roads" includes all public highways, roads, and	98828
streets in the state, whether maintained by the state, county,	98829
city, township, or other political subdivision.	98830

(R) "Public utility facilities" includes tracks, pipes,	98831
mains, conduits, cables, wires, towers, poles, and other equipment	98832
and appliances of any public utility.	98833

(S) "Construction," unless the context indicates a different	98834
meaning or intent, includes reconstruction, enlargement,	98835
improvement, or providing furnishings or equipment.	98836

(T) "Water resources bonds," unless the context indicates a	98837
different meaning or intent, includes water resource notes and	98838
water resource refunding bonds.	98839

(U) "Regional water and sewer district" means a district	98840
organized or operating for one or both of the purposes described	98841
in section 6119.01 of the Revised Code and, if organized or	98842
operating for only one of ~~such~~those purposes, may be designated	98843
either a regional water district or a regional sewer district, as	98844
the case may be.	98845

(V) "Homestead exemption" means the reduction of taxes	98846
allowed under division (A) of section 323.152 of the Revised Code.	98847

(W) "Low- and moderate-income person" has the same meaning as	98848
in section 175.01 of the Revised Code.	98849

Sec. 6119.091. When fixing rentals or other charges under	98850
section 6119.09 of the Revised Code, a board of trustees of a	98851
regional water and sewer district may establish discounted rentals	98852
or charges or may establish another mechanism for providing a	98853
reduction in rentals or charges for persons who are sixty-five	98854
years of age or older. The board shall establish eligibility	98855
requirements for such discounted or reduced rentals or charges,	98856
including a requirement that a person be eligible for the	98857
homestead exemption or qualify as a low- and moderate-income	98858
person.	98859

Section 101.02. That existing sections 9.06, 9.314, 107.21,	98860
109.572, 118.05, 120.08, 120.52, 120.53, 121.04, 121.08,	98861
121.083, 121.084, 121.31, 121.40, 121.401, 121.402, 122.05,	98862
122.051, 122.075, 122.151, 122.17, 122.171, 122.40, 122.603,	98863
122.71, 122.751, 122.76, 123.01, 123.152, 124.03, 124.04, 124.07,	98864
124.11, 124.134, 124.14, 124.15, 124.152, 124.18, 124.183,	98865
124.22, 124.23, 124.321, 124.324, 124.325, 124.34, 124.381,	98866
124.382, 124.385, 124.386, 124.392, 124.81, 125.081, 125.22,	98867
125.831, 126.05, 126.21, 127.16, 131.33, 133.06, 141.04,	98868
145.012, 145.11, 145.298, 148.02, 148.04, 149.43, 150.01, 150.02,	98869
150.03, 150.04, 150.05, 150.07, 152.09, 152.10, 152.12, 152.15,	98870
152.33, 156.01, 156.02, 156.03, 156.04, 166.07, 169.08, 173.08,	98871
173.35, 173.392, 173.401, 173.42, 173.43, 173.50, 173.71,	98872
173.99, 174.02, 174.03, 174.06, 176.05, 307.626, 307.629,	98873
307.79, 319.301, 319.302, 319.54, 321.24, 323.156, 329.042,	98874
329.06, 340.033, 343.01, 504.21, 718.04, 721.15, 742.11, 901.20,	98875
901.43, 903.082, 903.11, 903.25, 905.32, 905.33, 905.331,	98876
905.36, 905.50, 905.51, 905.52, 905.56, 907.13, 907.14, 907.30,	98877
907.31, 915.24, 918.08, 918.28, 921.02, 921.06, 921.09, 921.11,	98878
921.13, 921.16, 921.22, 921.27, 921.29, 923.44, 923.46, 927.51,	98879
927.52, 927.53, 927.56, 927.69, 927.70, 927.701, 927.71, 942.01,	98880
942.02, 942.06, 942.13, 943.01, 943.02, 943.04, 943.05, 943.06,	98881
943.07, 943.13, 943.14, 943.16, 953.21, 953.22, 953.23, 955.201,	98882
1322.03, 1322.031, 1322.04, 1322.041, 1327.46, 1327.50, 1327.51,	98883
1327.511, 1327.52, 1327.54, 1327.57, 1327.58, 1327.60,	98884
1327.62, 1327.70, 1327.99, 1332.24, 1332.25, 1347.08, 1501.01,	98885
1501.05, 1501.07, 1501.30, 1502.12, 1506.01, 1507.01, 1511.01,	98886
1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05, 1511.06,	98887
1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08, 1515.14,	98888
1515.183, 1517.02, 1517.10, 1517.11, 1517.14, 1517.16,	98889
1517.17, 1517.18, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031,	98890
1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.063,	98891
1521.064, 1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14,	98892
1521.15, 1521.16, 1521.18, 1521.19, 1523.01, 1523.02, 1523.03,	98893
1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10,	98894
1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17,	98895
1523.18, 1523.19, 1523.20, 1531.01, 1533.10, 1533.11, 1541.03,	98896
1547.01, 1547.51, 1547.52, 1547.531, 1547.54, 1547.542,	98897
1547.73, 1547.99, 1548.10, 1707.17, 1707.18, 1707.37, 1710.01,	98898
1710.02, 1710.03, 1710.04, 1710.06, 1710.10, 1710.13, 1739.05,	98899
1751.03, 1751.04, 1751.05, 1751.14, 1751.15, 1751.16, 1751.19,	98900
1751.32, 1751.321, 1751.34, 1751.35, 1751.36, 1751.45, 1751.46,	98901
1751.48, 1751.831, 1751.84, 1753.09, 1901.31, 2151.011,	98902
2317.422, 2503.17, 2903.13, 2903.21, 2903.211, 2903.22, 2903.33,	98903
2911.21, 2913.46, 2921.13, 2929.17, 2937.22, 2949.091, 2949.111,	98904
2981.13, 3105.87, 3119.01, 3121.037, 3121.0311, 3121.19,	98905
3121.20, 3121.898, 3123.952, 3125.25, 3301.07, 3301.073,	98906
3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.0716,	98907
3301.12, 3301.16, 3301.42, 3301.55, 3301.68, 3302.01, 3302.02,	98908
3302.021, 3302.03, 3302.031, 3302.05, 3302.07, 3304.231,	98909
3307.15, 3307.31, 3307.64, 3309.15, 3309.41, 3309.48, 3309.51,	98910
3310.03, 3310.08, 3310.09, 3310.11, 3310.14, 3310.41, 3311.06,	98911
3311.19, 3311.21, 3311.29, 3311.52, 3311.76, 3313.174, 3313.41,	98912
3313.48, 3313.481, 3313.482, 3313.483, 3313.53, 3313.532,	98913
3313.533, 3313.536, 3313.55, 3313.60, 3313.603, 3313.605,	98914
3313.607, 3313.608, 3313.61, 3313.611, 3313.612, 3313.614,	98915
3313.615, 3313.62, 3313.64, 3313.642, 3313.6410, 3313.65,	98916
3313.673, 3313.68, 3313.713, 3313.843, 3313.976, 3313.978,	98917
3313.98, 3313.981, 3314.012, 3314.015, 3314.016, 3314.02,	98918
3314.021, 3314.024, 3314.03, 3314.051, 3314.08, 3314.083,	98919
3314.084, 3314.087, 3314.091, 3314.10, 3314.19, 3314.21,	98920
3314.25, 3314.26, 3314.35, 3314.36, 3315.17, 3315.37, 3316.041,	98921
3316.06, 3316.20, 3317.01, 3317.02, 3317.021, 3317.022,	98922
3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0216,	98923
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053,	98924
3317.061, 3317.063, 3317.08, 3317.081, 3317.082, 3317.12,	98925
3317.16, 3317.18, 3317.20, 3317.201, 3318.011, 3318.051,	98926
3318.061, 3318.08, 3318.36, 3318.38, 3318.44, 3319.073, 3319.08,	98927
3319.081, 3319.088, 3319.11, 3319.151, 3319.16, 3319.17,	98928
3319.172, 3319.22, 3319.221, 3319.233, 3319.234, 3319.235,	98929
3319.24, 3319.25, 3319.26, 3319.261, 3319.28, 3319.291,	98930
3319.303, 3319.36, 3319.41, 3319.51, 3319.56, 3319.57, 3319.60,	98931
3319.61, 3319.63, 3321.01, 3321.05, 3323.05, 3323.091, 3323.14,	98932
3323.142, 3324.05, 3325.08, 3326.11, 3326.14, 3326.21, 3326.23,	98933
3326.31, 3326.32, 3326.33, 3326.34, 3326.36, 3326.37, 3326.38,	98934
3326.51, 3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122,	98935
3333.123, 3333.16, 3333.28, 3333.35, 3333.38, 3333.61, 3333.66,	98936
3333.83, 3334.01, 3334.02, 3334.03, 3334.04, 3334.06, 3334.07,	98937
3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.16, 3334.17,	98938
3334.18, 3334.19, 3334.20, 3334.21, 3345.011, 3345.12, 3345.32,	98939
3345.61, 3345.62, 3345.63, 3345.64, 3345.65, 3345.66, 3349.242,	98940
3365.01, 3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10,	98941
3501.17, 3701.024, 3701.045, 3701.07, 3701.344, 3701.71,	98942
3701.72, 3701.78, 3701.84, 3702.51, 3702.52, 3702.524, 3702.525,	98943
3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.57,	98944
3702.59, 3702.60, 3702.61, 3702.87, 3702.89, 3702.90, 3702.91,	98945
3702.92, 3702.93, 3702.94, 3703.01, 3703.03, 3703.04, 3703.05,	98946
3703.06, 3703.07, 3703.08, 3703.10, 3703.21, 3703.99, 3704.14,	98947
3704.144, 3705.24, 3706.04, 3706.25, 3709.09, 3710.01, 3710.04,	98948
3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 3710.12, 3710.13,	98949
3712.03, 3713.01, 3713.02, 3713.03, 3713.04, 3713.05, 3713.06,	98950
3713.07, 3713.08, 3713.09, 3713.10, 3714.07, 3714.073, 3717.07,	98951
3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06, 3721.01,	98952
3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, 3721.55,	98953
3721.56, 3722.01, 3722.011, 3722.02, 3722.021, 3722.04,	98954
3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10, 3722.13,	98955
3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99, 3727.02,	98956
3727.04, 3727.05, 3729.07, 3733.02, 3733.04, 3733.25, 3733.43,	98957
3734.05, 3734.28, 3734.281, 3734.53, 3734.57, 3734.573, 3734.82,	98958
3734.901, 3734.9010, 3737.71, 3743.04, 3743.25, 3745.015,	98959
3745.11, 3748.01, 3748.04, 3748.07, 3748.12, 3748.13, 3749.04,	98960
3770.05, 3773.35, 3773.36, 3773.43, 3773.45, 3773.53, 3781.03,	98961
3781.102, 3781.11, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07,	98962
3793.02, 3793.04, 3901.38, 3901.383, 3901.3812, 3901.3814,	98963
3923.021, 3923.022, 3923.122, 3923.24, 3923.57, 3923.58,	98964
3923.581, 3923.66, 3923.67, 3923.68, 3923.75, 3923.76, 3923.77,	98965
3924.01, 3924.06, 3924.09, 3924.10, 3929.43, 3929.67, 3953.23,	98966
3953.231, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09,	98967
4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18,	98968
4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48,	98969
4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09,	98970
4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191,	98971
4105.20, 4105.21, 4112.01, 4112.04, 4112.051, 4112.052, 4117.01,	98972
4117.02, 4117.07, 4117.12, 4117.24, 4121.125, 4123.442, 4141.08,	98973
4141.11, 4141.162, 4169.02, 4169.03, 4169.04, 4171.04, 4301.43,	98974
4303.331, 4501.06, 4501.24, 4503.068, 4503.10, 4503.103, 4505.01,	98975
4505.06, 4505.062, 4505.09, 4505.111, 4505.181, 4505.20, 4507.03,	98976
4507.24, 4507.45, 4509.101, 4510.22, 4511.191, 4511.81,	98977
4513.021, 4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071,	98978
4513.09, 4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15,	98979
4513.16, 4513.17, 4513.171, 4513.18, 4513.19, 4513.21, 4513.22,	98980
4513.23, 4513.24, 4513.242, 4513.28, 4513.60, 4513.65, 4513.99,	98981
4517.01, 4517.02, 4517.03, 4517.30, 4517.33, 4517.43, 4519.02,	98982
4519.04, 4519.44, 4519.59, 4549.10, 4549.12, 4705.09, 4705.10,	98983
4709.12, 4713.28, 4713.32, 4713.63, 4713.64, 4731.10, 4731.26,	98984
4731.38, 4733.10, 4735.06, 4735.09, 4735.12, 4735.13, 4735.15,	98985
4740.03, 4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46,	98986
4755.06, 4755.12, 4757.10, 4757.31, 4757.36, 4763.01, 4763.03,	98987
4763.04, 4763.05, 4763.07, 4763.09, 4763.11, 4763.13, 4763.14,	98988
4763.17, 4766.09, 4767.05, 4767.07, 4767.08, 4781.01, 4781.02,	98989
4781.04, 4781.05, 4781.06, 4781.07, 4905.06, 4919.79, 4923.12,	98990
4923.20, 4928.01, 5101.11, 5101.16, 5101.162, 5101.26, 5101.33,	98991
5101.34, 5101.47, 5101.50, 5101.5110, 5101.5212, 5101.54,	98992
5101.541, 5101.544, 5101.571, 5101.573, 5101.60, 5101.61,	98993
5101.83, 5101.84, 5104.01, 5104.051, 5104.30, 5104.32, 5104.341,	98994
5104.35, 5104.38, 5104.39, 5104.42, 5107.05, 5107.16, 5107.17,	98995
5107.58, 5111.01, 5111.015, 5111.028, 5111.032, 5111.033,	98996
5111.034, 5111.06, 5111.176, 5111.222, 5111.23, 5111.231,	98997
5111.232, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,	98998
5111.261, 5111.65, 5111.651, 5111.688, 5111.705, 5111.85,	98999
5111.851, 5111.874, 5111.875, 5111.89, 5111.894, 5112.30,	99000
5112.31, 5112.37, 5112.371, 5115.03, 5119.16, 5119.61, 5120.032,	99001
5120.033, 5120.09, 5120.135, 5122.31, 5123.049, 5123.0412,	99002
5123.0413, 5126.044, 5126.05, 5126.054, 5126.055, 5126.0512,	99003
5126.19, 5126.24, 5139.43, 5501.04, 5502.01, 5502.14, 5502.15,	99004
5505.06, 5701.11, 5703.05, 5703.37, 5703.80, 5705.214, 5705.29,	99005
5705.341, 5705.37, 5705.392, 5711.33, 5715.02, 5715.251,	99006
5715.26, 5717.03, 5717.04, 5725.18, 5725.98, 5727.84, 5728.12,	99007
5729.03, 5729.98, 5733.01, 5733.04, 5733.98, 5735.142, 5739.01,	99008
5739.02, 5739.03, 5739.033, 5739.09, 5739.131, 5743.15,	99009
5743.61, 5747.01, 5747.113, 5747.13, 5747.16, 5747.98, 5748.02,	99010
5748.03, 5749.02, 5749.12, 5751.01, 5751.011, 5751.012,	99011
5751.013, 5751.03, 5751.04, 5751.05, 5751.051, 5751.06, 5751.08,	99012
5751.09, 5751.20, 5751.21, 5911.10, 5913.09, 6103.01, 6103.02,	99013
6109.21, 6111.044, 6117.01, 6117.02, and 6119.011 of the Revised	99014
Code are hereby repealed.	99015

That existing Section 269.60.60 of Am. Sub. H.B. 119 of the	99016
127th General Assembly is hereby repealed.	99017

That existing Section 6 of H.B. 364 of the 124th General	99018
Assembly is hereby repealed.	99019

Section 105.01. Sections 173.71, 173.72, 173.721, 173.722,	99020
173.723, 173.724, 173.73, 173.731, 173.732, 173.74, 173.741,	99021
173.742, 173.75, 173.751, 173.752, 173.753, 173.76, 173.77,	99022
173.771, 173.772, 173.773, 173.78, 173.79, 173.791, 173.80,	99023
173.801, 173.802, 173.803, 173.81, 173.811, 173.812, 173.813,	99024
173.814, 173.815, 173.82, 173.83, 173.831, 173.832, 173.833,	99025
173.84, 173.85, 173.86, 173.861, 173.87, 173.871, 173.872,	99026
173.873, 173.874, 173.875, 173.876, 173.88, 173.89, 173.891,	99027
173.892, 173.90, 173.91, 905.38, 905.381, 905.66, 907.16, 927.74,	99028
1504.01, 1504.02, 1504.03, 1504.04, 1517.15, 1521.02, 1711.58,	99029
3301.0712, 3301.0718, 3301.43, 3302.032, 3314.026, 3314.085,	99030
3314.13, 3317.10, 3319.0810, 3319.222, 3319.23, 3319.302,	99031
3319.304, 3333.27, 3701.73, 3701.77, 3701.771, 3701.772,	99032
3702.511, 3702.523, 3702.527, 3702.528, 3702.529, 3702.542,	99033
3704.143, 3724.01, 3724.02, 3724.021, 3724.03, 3724.04, 3724.05,	99034
3724.06, 3724.07, 3724.08, 3724.09, 3724.10, 3724.11, 3724.12,	99035
3724.13, 3724.99, 4517.052, 4517.27, 4735.22, 4735.23, 5101.072,	99036
5111.083, 5111.178. 5145.32, and 5923.141 of the Revised Code are	99037
hereby repealed.	99038

Section 110.10. That the version of section 2949.111 of the	99039
Revised Code that is scheduled to take effect January 1, 2010, be	99040
amended to read as follows:	99041

Sec. 2949.111. (A) As used in this section:

99042

(1) "Court costs" means any assessment that the court	99043
requires an offender to pay to defray the costs of operating the	99044
court.	99045

(2) "State fines or costs" means any costs imposed or	99046
forfeited bail collected by the court under section 2743.70 of the	99047
Revised Code for deposit into the reparations fund or under	99048
section 2949.091 of the Revised Code for deposit into the ~~general~~	99049
~~revenue~~indigent defense support fund established under section	99050
120.08 of the Revised Code and all fines, penalties, and forfeited	99051
bail collected by the court and paid to a law library association	99052
under section 307.515 of the Revised Code.	99053

(3) "Reimbursement" means any reimbursement for the costs of	99054
confinement that the court orders an offender to pay pursuant to	99055
section 2929.28 of the Revised Code, any supervision fee, any fee	99056
for the costs of house arrest with electronic monitoring that an	99057
offender agrees to pay, any reimbursement for the costs of an	99058
investigation or prosecution that the court orders an offender to	99059
pay pursuant to section 2929.71 of the Revised Code, or any other	99060
costs that the court orders an offender to pay.	99061

(4) "Supervision fees" means any fees that a court, pursuant	99062
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	99063
requires an offender who is under a community control sanction to	99064
pay for supervision services.	99065

(5) "Community control sanction" has the same meaning as in	99066
section 2929.01 of the Revised Code.	99067

(B) Unless the court, in accordance with division (C) of this	99068
section, enters in the record of the case a different method of	99069
assigning payments, if a person who is charged with a misdemeanor	99070
is convicted of or pleads guilty to the offense, if the court	99071
orders the offender to pay any combination of court costs, state	99072
fines or costs, restitution, a conventional fine, or any	99073
reimbursement, and if the offender makes any payment of any of	99074
them to a clerk of court, the clerk shall assign the offender's	99075
payment in the following manner:	99076

(1) If the court ordered the offender to pay any court costs,	99077
the offender's payment shall be assigned toward the satisfaction	99078
of those court costs until they have been entirely paid.	99079

(2) If the court ordered the offender to pay any state fines	99080
or costs and if all of the court costs that the court ordered the	99081
offender to pay have been paid, the remainder of the offender's	99082
payment shall be assigned on a pro rata basis toward the	99083
satisfaction of the state fines or costs until they have been	99084
entirely paid.	99085

(3) If the court ordered the offender to pay any restitution	99086
and if all of the court costs and state fines or costs that the	99087
court ordered the offender to pay have been paid, the remainder of	99088
the offender's payment shall be assigned toward the satisfaction	99089
of the restitution until it has been entirely paid.	99090

(4) If the court ordered the offender to pay any fine and if	99091
all of the court costs, state fines or costs, and restitution	99092
that the court ordered the offender to pay have been paid, the	99093
remainder of the offender's payment shall be assigned toward the	99094
satisfaction of the fine until it has been entirely paid.	99095

(5) If the court ordered the offender to pay any	99096
reimbursement and if all of the court costs, state fines or costs,	99097
restitution, and fines that the court ordered the offender to pay	99098
have been paid, the remainder of the offender's payment shall be	99099
assigned toward the satisfaction of the reimbursements until they	99100
have been entirely paid.	99101

(C) If a person who is charged with a misdemeanor is	99102
convicted of or pleads guilty to the offense and if the court	99103
orders the offender to pay any combination of court costs, state	99104
fines or costs, restitution, fines, or reimbursements, the court,	99105
at the time it orders the offender to make those payments, may	99106
prescribe an order of payments that differs from the order set	99107
forth in division (B) of this section by entering in the record of	99108
the case the order so prescribed. If a different order is entered	99109
in the record, on receipt of any payment, the clerk of the court	99110
shall assign the payment in the manner prescribed by the court.	99111

Section 110.11. That the existing version of section 2949.111	99112
of the Revised Code that is scheduled to take effect January 1,	99113
2010, is hereby repealed.	99114

Section 110.12. Sections 110.10 and 110.11 of this act take	99115
effect January 1, 2010.	99116

Section 110.20. That the version of section 5739.033 of the	99117
Revised Code that is scheduled to take effect January 1, 2010, be	99118
amended to read as follows:	99119

Sec. 5739.033. (A) The amount of tax due pursuant to	99120
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	99121
Code is the sum of the taxes imposed pursuant to those sections	99122
at the sourcing location of the sale as determined under this	99123
section or, if applicable, under division (C) of section 5739.031	99124
or section 5739.034 of the Revised Code. This section applies	99125
only to a vendor's or seller's obligation to collect and remit	99126
sales taxes under section 5739.02, 5739.021, 5739.023, or	99127
5739.026 of the Revised Code or use taxes under section 5741.02,	99128
5741.021, 5741.022, or 5741.023 of the Revised Code. Division (A)	99129
of this section does not apply in determining the jurisdiction	99130
for which sellers are required to collect the use tax under	99131
section 5741.05 of the Revised Code. This section does not affect	99132
the obligation of a consumer to remit use taxes on the storage,	99133
use, or other consumption of tangible personal property or on the	99134
benefit realized of any service provided, to the jurisdiction of	99135
that storage, use, or consumption, or benefit realized.	99136

(B)(1) Beginning January 1, 2010, retail sales, excluding	99137
the lease or rental, of tangible personal property or digital	99138
goods shall be sourced to the location where the vendor receives	99139
an order for the sale of such property or goods if:	99140

(a) The vendor receives the order in this state and the	99141
consumer receives the property or goods in this state;	99142

(b) The location where the consumer receives the property or	99143
goods is determined under division (C)(2), (3), or (4) of this	99144
section; and	99145

(c) The record-keeping system used by the vendor to calculate	99146
the tax imposed captures the location where the order is received	99147
at the time the order is received.	99148

(2) A consumer has no additional liability to this state	99149
under this chapter or Chapter 5741. of the Revised Code for tax,	99150
penalty, or interest on a sale for which the consumer remits tax	99151
to the vendor in the amount invoiced by the vendor if the invoice	99152
amount is calculated at either the rate applicable to the	99153
location where the consumer receives the property or digital good	99154
or at the rate applicable to the location where the order is	99155
received by the vendor. A consumer may rely on a written	99156
representation by the vendor as to the location where the order	99157
for the sale was received by the vendor. If the consumer does not	99158
have a written representation by the vendor as to the location	99159
where the order was received by the vendor, the consumer may use a	99160
location indicated by a business address for the vendor that is	99161
available from records that are maintained in the ordinary course	99162
of the consumer's business to determine the rate applicable to the	99163
location where the order was received.	99164

(3) For the purposes of division (B) of this section, the	99165
location where an order is received by or on behalf of a vendor	99166
means the physical location of the vendor or a third party such as	99167
an established outlet, office location, or automated order receipt	99168
system operated by or on behalf of the vendor, where an order is	99169
initially received by or on behalf of the vendor, and not where	99170
the order may be subsequently accepted, completed, or fulfilled.	99171
An order is received when all necessary information to determine	99172
whether the order can be accepted has been received by or on	99173
behalf of the vendor. The location from which the property or	99174
digital good is shipped shall not be used to determine the	99175
location where the order is received by the vendor.	99176

(4) For the purposes of division (B) of this section, if	99177
services subject to taxation under this chapter or Chapter 5741.	99178
of the Revised Code are sold with tangible personal property or	99179
digital goods pursuant to a single contract or in the same	99180
transaction, the services are billed on the same billing statement	99181
or invoice, and, because of the application of division (B) of	99182
this section, the transaction would be sourced to more than one	99183
jurisdiction, the situs of the transaction shall be the location	99184
where the order is received by or on behalf of the vendor.	99185

(C) Except for sales, other than leases, of titled motor	99186
vehicles, titled watercraft, or titled outboard motors as provided	99187
in section 5741.05 of the Revised Code, or as otherwise provided	99188
in this section and section 5739.034 of the Revised Code, all	99189
sales shall be sourced as follows:	99190

(1) If the consumer or a donee designated by the consumer	99191
receives tangible personal property or a service at a vendor's	99192
place of business, the sale shall be sourced to that place of	99193
business.	99194

(2) When the tangible personal property or service is not	99195
received at a vendor's place of business, the sale shall be	99196
sourced to the location known to the vendor where the consumer or	99197
the donee designated by the consumer receives the tangible	99198
personal property or service, including the location indicated by	99199
instructions for delivery to the consumer or the consumer's donee.	99200

(3) If divisions (C)(1) and (2) of this section do not apply,	99201
the sale shall be sourced to the location indicated by an address	99202
for the consumer that is available from the vendor's business	99203
records that are maintained in the ordinary course of the	99204
vendor's business, when use of that address does not constitute	99205
bad faith.	99206

(4) If divisions (C)(1), (2), and (3) of this section do not	99207
apply, the sale shall be sourced to the location indicated by an	99208
address for the consumer obtained during the consummation of the	99209
sale, including the address associated with the consumer's payment	99210
instrument, if no other address is available, when use of that	99211
address does not constitute bad faith.	99212

(5) If divisions (C)(1), (2), (3), and (4) of this section do	99213
not apply, including in the circumstance where the vendor is	99214
without sufficient information to apply any of those divisions,	99215
the sale shall be sourced to the address from which tangible	99216
personal property was shipped, or from which the service was	99217
provided, disregarding any location that merely provided the	99218
electronic transfer of the property sold or service provided.	99219

(6) As used in division (C) of this section, "receive" means	99220
taking possession of tangible personal property or making first	99221
use of a service. "Receive" does not include possession by a	99222
shipping company on behalf of a consumer.	99223

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	99224
section, a business consumer that is not a holder of a direct	99225
payment permit granted under section 5739.031 of the Revised Code,	99226
that purchases a digital good, computer software, except computer	99227
software received in person by a business consumer at a vendor's	99228
place of business, or a service, and that knows at the time of	99229
purchase that such digital good, software, or service will be	99230
concurrently available for use in more than one taxing	99231
jurisdiction shall deliver to the vendor in conjunction with its	99232
purchase an exemption certificate claiming multiple points of use,	99233
or shall meet the requirements of division (D)(2) of this section.	99234
On receipt of the exemption certificate claiming multiple points	99235
of use, the vendor is relieved of its obligation to collect, pay,	99236
or remit the tax due, and the business consumer must pay the tax	99237
directly to the state.	99238

(b) A business consumer that delivers the exemption	99239
certificate claiming multiple points of use to a vendor may use	99240
any reasonable, consistent, and uniform method of apportioning the	99241
tax due on the digital good, computer software, or service that is	99242
supported by the consumer's business records as they existed at	99243
the time of the sale. The business consumer shall report and pay	99244
the appropriate tax to each jurisdiction where concurrent use	99245
occurs. The tax due shall be calculated as if the apportioned	99246
amount of the digital good, computer software, or service had been	99247
delivered to each jurisdiction to which the sale is apportioned	99248
under this division.	99249

(c) The exemption certificate claiming multiple points of use	99250
shall remain in effect for all future sales by the vendor to the	99251
business consumer until it is revoked in writing by the business	99252
consumer, except as to the business consumer's specific	99253
apportionment of a subsequent sale under division (D)(1)(b) of	99254
this section and the facts existing at the time of the sale.	99255

(2) When the vendor knows that a digital good, computer	99256
software, or service sold will be concurrently available for use	99257
by the business consumer in more than one jurisdiction, but the	99258
business consumer does not provide an exemption certificate	99259
claiming multiple points of use as required by division (D)(1) of	99260
this section, the vendor may work with the business consumer to	99261
produce the correct apportionment. Governed by the principles of	99262
division (D)(1)(b) of this section, the vendor and business	99263
consumer may use any reasonable, but consistent and uniform,	99264
method of apportionment that is supported by the vendor's and	99265
business consumer's books and records as they exist at the time	99266
the sale is reported for purposes of the taxes levied under this	99267
chapter. If the business consumer certifies to the accuracy of the	99268
apportionment and the vendor accepts the certification, the vendor	99269
shall collect and remit the tax accordingly. In the absence of bad	99270
faith, the vendor is relieved of any further obligation to collect	99271
tax on any transaction where the vendor has collected tax pursuant	99272
to the information certified by the business consumer.	99273

(3) When the vendor knows that the digital good, computer	99274
software, or service will be concurrently available for use in	99275
more than one jurisdiction, and the business consumer does not	99276
have a direct pay permit and does not provide to the vendor an	99277
exemption certificate claiming multiple points of use as required	99278
in division (D)(1) of this section, or certification pursuant to	99279
division (D)(2) of this section, the vendor shall collect and	99280
remit the tax based on division (C) of this section.	99281

(4) Nothing in this section shall limit a person's obligation	99282
for sales or use tax to any state in which a digital good,	99283
computer software, or service is concurrently available for use,	99284
nor limit a person's ability under local, state, or federal law,	99285
to claim a credit for sales or use taxes legally due and paid to	99286
other jurisdictions.	99287

(E) A person who holds a direct payment permit issued under	99288
section 5739.031 of the Revised Code is not required to deliver an	99289
exemption certificate claiming multiple points of use to a vendor.	99290
But such permit holder shall comply with division (D)(2) of this	99291
section in apportioning the tax due on a digital good, computer	99292
software, or a service for use in business that will be	99293
concurrently available for use in more than one taxing	99294
jurisdiction.	99295

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	99296
section, the consumer of direct mail that is not a holder of a	99297
direct payment permit shall provide to the vendor in conjunction	99298
with the sale either an exemption certificate claiming direct mail	99299
prescribed by the tax commissioner, or information to show the	99300
jurisdictions to which the direct mail is delivered to recipients.	99301

(2) Upon receipt of such exemption certificate, the vendor is	99302
relieved of all obligations to collect, pay, or remit the	99303
applicable tax and the consumer is obligated to pay that tax on a	99304
direct pay basis. An exemption certificate claiming direct mail	99305
shall remain in effect for all future sales of direct mail by the	99306
vendor to the consumer until it is revoked in writing.	99307

(3) Upon receipt of information from the consumer showing the	99308
jurisdictions to which the direct mail is delivered to recipients,	99309
the vendor shall collect the tax according to the delivery	99310
information provided by the consumer. In the absence of bad faith,	99311
the vendor is relieved of any further obligation to collect tax on	99312
any transaction where the vendor has collected tax pursuant to the	99313
delivery information provided by the consumer.	99314

(4) If the consumer of direct mail does not have a direct	99315
payment permit and does not provide the vendor with either an	99316
exemption certificate claiming direct mail or delivery information	99317
as required by division (F)(1) of this section, the vendor shall	99318
collect the tax according to division (C)(5) of this section.	99319
Nothing in division (F)(4) of this section shall limit a	99320
consumer's obligation to pay sales or use tax to any state to	99321
which the direct mail is delivered.	99322

(5) If a consumer of direct mail provides the vendor with	99323
documentation of direct payment authority, the consumer shall not	99324
be required to provide an exemption certificate claiming direct	99325
mail or delivery information to the vendor.	99326

(G) If the vendor provides lodging to transient guests as	99327
specified in division (B)(2) of section 5739.01 of the Revised	99328
Code, the sale shall be sourced to the location where the lodging	99329
is located.	99330

(H)(1) As used in this division and division (I) of this	99331
section, "transportation equipment" means any of the following:	99332

(a) Locomotives and railcars that are utilized for the	99333
carriage of persons or property in interstate commerce.	99334

(b) Trucks and truck-tractors with a gross vehicle weight	99335
rating of greater than ten thousand pounds, trailers,	99336
semi-trailers, or passenger buses that are registered through the	99337
international registration plan and are operated under authority	99338
of a carrier authorized and certificated by the United States	99339
department of transportation or another federal authority to	99340
engage in the carriage of persons or property in interstate	99341
commerce.	99342

(c) Aircraft that are operated by air carriers authorized and	99343
certificated by the United States department of transportation or	99344
another federal authority to engage in the carriage of persons or	99345
property in interstate or foreign commerce.	99346

(d) Containers designed for use on and component parts	99347
attached to or secured on the items set forth in division	99348
(H)(1)(a), (b), or (c) of this section.	99349

(2) A sale, lease, or rental of transportation equipment	99350
shall be sourced pursuant to division (C) of this section.	99351

(I)(1) A lease or rental of tangible personal property that	99352
does not require recurring periodic payments shall be sourced	99353
pursuant to division (C) of this section.	99354

(2) A lease or rental of tangible personal property that	99355
requires recurring periodic payments shall be sourced as follows:	99356

(a) In the case of a motor vehicle, other than a motor	99357
vehicle that is transportation equipment, or an aircraft, other	99358
than an aircraft that is transportation equipment, such lease or	99359
rental shall be sourced as follows:	99360

(i) An accelerated tax payment on a lease or rental taxed	99361
pursuant to division (A)(2) of section 5739.02 of the Revised Code	99362
shall be sourced to the primary property location at the time the	99363
lease or rental is consummated. Any subsequent taxable charges on	99364
the lease or rental shall be sourced to the primary property	99365
location for the period in which the charges are incurred.	99366

(ii) For a lease or rental taxed pursuant to division (A)(3)	99367
of section 5739.02 of the Revised Code, each lease or rental	99368
installment shall be sourced to the primary property location for	99369
the period covered by the installment.	99370

(b) In the case of a lease or rental of all other tangible	99371
personal property, other than transportation equipment, such lease	99372
or rental shall be sourced as follows:	99373

(i) An accelerated tax payment on a lease or rental that is	99374
taxed pursuant to division (A)(2) of section 5739.02 of the	99375
Revised Code shall be sourced pursuant to division (C) of this	99376
section at the time the lease or rental is consummated. Any	99377
subsequent taxable charges on the lease or rental shall be sourced	99378
to the primary property location for the period in which the	99379
charges are incurred.	99380

(ii) For a lease or rental that is taxed pursuant to division	99381
(A)(3) of section 5739.02 of the Revised Code, the initial lease	99382
or rental installment shall be sourced pursuant to division (C) of	99383
this section. Each subsequent installment shall be sourced to the	99384
primary property location for the period covered by the	99385
installment.	99386

(3) As used in division (I) of this section, "primary	99387
property location" means an address for tangible personal property	99388
provided by the lessee or renter that is available to the lessor	99389
or owner from its records maintained in the ordinary course of	99390
business, when use of that address does not constitute bad faith.	99391

(J) If the vendor provides a service specified in division	99392
(B)(11) of section 5739.01 of the Revised Code, the situs of the	99393
sale is the location of the enrollee for whom a medicaid health	99394
insurance corporation receives managed care premiums. Such sales	99395
shall be sourced to the locations of the enrollees in the same	99396
proportion as the managed care premiums received by the medicaid	99397
health insuring corporation on behalf of enrollees located in a	99398
particular taxing jurisdiction in Ohio as compared to all managed	99399
care premiums received by the medicaid health insuring	99400
corporation.	99401

Section 110.21. That the existing version of section 5739.033	99402
of the Revised Code that is scheduled to take effect January 1,	99403
2010, is hereby repealed.	99404

Section 110.22. Sections 110.20 and 110.21 of this act take	99405
effect January 1, 2010.	99406

Section 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	99407
5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the	99408
Revised Code are hereby repealed, effective October 1, 2011.	99409

Section 201.01. Except as otherwise provided in this act,	99410
all appropriation items in this act are appropriated out of any	99411
moneys in the state treasury to the credit of the designated fund	99412
that are not otherwise appropriated. For all appropriations made	99413
in this act, the amounts in the first column are for fiscal year	99414
2010 and the amounts in the second column are for fiscal year	99415
2011.	99416

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

99417

General Services Fund Group	99418

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	99419
4K90	889609	Operating Expenses	$	1,117,000	$	1,117,000	99420
TOTAL GSF General Services Fund							99421
Group			$	1,442,000	$	1,442,000	99422
TOTAL ALL BUDGET FUND GROUPS			$	1,442,000	$	1,442,000	99423

Section 205.10. ADJ ADJUTANT GENERAL

99425

General Revenue Fund	99426

GRF	745401	Ohio Military Reserve	$	13,675	$	13,675	99427
GRF	745404	Air National Guard	$	2,010,606	$	2,010,606	99428
GRF	745407	National Guard Benefits	$	500,000	$	500,000	99429
GRF	745409	Central Administration	$	3,105,784	$	3,105,784	99430
GRF	745499	Army National Guard	$	6,008,551	$	6,008,551	99431
TOTAL GRF General Revenue Fund			$	11,638,616	$	11,638,616	99432

General Services Fund Group	99433

5340	745612	Property Operations/Management	$	1,000,000	$	1,000,000	99434
5360	745605	Marksmanship Activities	$	128,600	$	128,600	99435
5360	745620	Camp Perry/Buckeye Inn Operations	$	1,502,970	$	1,502,970	99436
5370	745604	Ohio National Guard Facility Maintenance	$	269,826	$	269,826	99437
TOTAL GSF General Services Fund Group			$	2,901,396	$	2,901,396	99438

Federal Special Revenue Fund Group	99439

3410	745615	Air National Guard Base Security	$	2,777,692	$	2,777,692	99440
3420	745616	Army National Guard Agreement	$	10,970,050	$	10,970,050	99441
3E80	745628	Air National Guard Agreement	$	16,048,595	$	16,048,595	99442
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	99443
TOTAL FED Federal Special Revenue Fund Group			$	29,821,337	$	29,821,337	99444

State Special Revenue Fund Group	99445

5U80	745613		Community Match Armories		$	320,000		$	345,600		99446
TOTAL SSR State Special Revenue Fund Group					$	320,000		$	345,600		99447

TOTAL ALL BUDGET FUND GROUPS

44,681,349

44,706,949

99448

NATIONAL GUARD BENEFITS

99449

The foregoing appropriation item 745407, National Guard	99450
Benefits, shall be used for purposes of sections 5919.31 and	99451
5919.33 of the Revised Code, and for administrative costs of the	99452
associated programs.	99453

For active duty members of the Ohio National Guard who died	99454
after October 7, 2001, while performing active duty, the death	99455
benefit, pursuant to section 5919.33 of the Revised Code, shall be	99456
paid to the beneficiary or beneficiaries designated on the	99457
member's Servicemembers' Group Life Insurance Policy.	99458

STATE ACTIVE DUTY COSTS

99459

Of the foregoing appropriation item 745409, Central	99460
Administration, $50,000 in each fiscal year shall be used for the	99461
purpose of paying expenses related to state active duty of members	99462
of the Ohio organized militia, in accordance with a proclamation	99463
of the Governor. Expenses include, but are not limited to, the	99464
cost of equipment, supplies, and services, as determined by the	99465
Adjutant General's Department.	99466

Section 205.20. FUND ABOLITION

99467

On July 1, 2009, or as soon as possible thereafter, the	99468
Director of Budget and Management, upon request by the Adjutant	99469
General, shall transfer the cash balance in the Marksmanship	99470
Activities Fund (Fund 5280) to the Camp Perry/Buckeye Inn	99471
Operations Fund (Fund 5360). The Director shall cancel any	99472
existing encumbrances against appropriation item 745645,	99473
Marksmanship Activities, and re-establish them against	99474
appropriation item 745620, Camp Perry/Buckeye Inn Operations. The	99475
re-established encumbrance amounts are hereby appropriated. Upon	99476
completion of the transfer, Fund 5280 is abolished.	99477

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

99478

General Revenue Fund	99479

GRF	100403	School Employees Health Care Board	$	1,128,600	$	1,128,600	99480
GRF	100405	Agency Audit Expenses	$	312,075	$	312,075	99481
GRF	100415	OAKS Rental Payments	$	18,607,000	$	21,728,000	99482
GRF	100416	STARS Lease Rental Payments	$	4,977,600	$	7,638,500	99483
GRF	100417	EEO Project Tracking Software-Federal	$	0	$	100,000	99484
GRF	100418	Web Sites and Business Gateway	$	3,843,074	$	3,143,076	99485
GRF	100419	IT Security Infrastructure	$	1,211,250	$	1,211,250	99486
GRF	100421	OAKS Project Implementation	$	202,500	$	202,500	99487
GRF	100422	Croson Disparity Study	$	500,000	$	500,000	99488
GRF	100433	State of Ohio Computer Center	$	6,736,752	$	6,736,752	99489
GRF	100439	Equal Opportunity Certification Programs	$	712,724	$	712,724	99490
GRF	100447	OBA - Building Rent Payments	$	102,635,400	$	97,712,600	99491
GRF	100448	OBA - Building Operating Payments	$	25,603,000	$	25,603,000	99492
GRF	100449	DAS - Building Operating Payments	$	3,271,384	$	3,271,384	99493
GRF	100451	Minority Affairs	$	50,016	$	50,016	99494
GRF	100734	Major Maintenance - State Buildings	$	37,800	$	37,800	99495
GRF	102321	Construction Compliance	$	1,108,744	$	1,108,744	99496
GRF	130321	State Agency Support Services	$	4,039,578	$	4,039,578	99497
TOTAL GRF General Revenue Fund			$	174,977,497	$	175,236,599	99498

General Services Fund Group	99499

1120	100616	DAS Administration	$	5,299,427	$	5,299,427	99500
1150	100632	Central Service Agency	$	928,403	$	928,403	99501
1170	100644	General Services Division - Operating	$	14,384,751	$	14,574,622	99502
1220	100637	Fleet Management	$	2,032,968	$	2,032,968	99503
1250	100622	Human Resources Division - Operating	$	27,162,320	$	27,998,410	99504
1280	100620	Collective Bargaining	$	3,662,534	$	3,662,534	99505
1300	100606	Risk Management Reserve	$	5,568,548	$	5,568,548	99506
1310	100639	State Architect's Office	$	8,292,759	$	8,331,498	99507
1320	100631	DAS Building Management	$	10,166,228	$	10,166,228	99508
1330	100607	IT Services Delivery	$	78,582,948	$	77,067,948	99509
1880	100649	Equal Opportunity Division - Operating	$	1,384,650	$	1,384,650	99510
2100	100612	State Printing	$	17,224,494	$	17,263,080	99511
2290	100630	IT Governance	$	15,431,411	$	15,743,306	99512
2290	100640	Leveraged Enterprise Purchases	$	10,000,000	$	10,000,000	99513
4270	100602	Investment Recovery	$	5,683,564	$	5,683,564	99514
4N60	100617	Major IT Purchases	$	8,460,134	$	1,950,000	99515
4P30	100603	DAS Information Services	$	4,958,218	$	4,958,218	99516
5C20	100605	MARCS Administration	$	15,852,314	$	16,363,179	99517
5C30	100608	Skilled Trades	$	934,982	$	934,982	99518
5DQ0	100638	Administrative Hearings	$	200,000	$	200,000	99519
5EB0	100635	OAKS Support Organization	$	16,726,421	$	18,384,412	99520
5L70	100610	Professional Development	$	3,900,000	$	3,900,000	99521
5V60	100619	Employee Educational Development	$	936,129	$	936,129	99522
5X30	100634	Centralized Gateway Enhancement	$	3,676,956	$	2,052,308	99523
TOTAL GSF General Services Fund							99524
Group			$	261,450,159	$	255,384,414	99525
TOTAL ALL BUDGET FUND GROUPS			$	436,427,656	$	430,621,013	99526

Section 207.10.05. SCHOOL EMPLOYEES HEALTH CARE BOARD

99528

The foregoing appropriation item 100403, School Employees	99529
Health Care Board, shall be used by the School Employees Health	99530
Care Board to hire staff to provide administrative support to the	99531
Board as the Board carries out its duties under section 9.901 of	99532
the Revised Code.	99533

Section 207.10.10. AGENCY AUDIT EXPENSES

99534

The foregoing appropriation item 100405, Agency Audit	99535
Expenses, shall be used for auditing expenses designated in	99536
division (A)(1) of section 117.13 of the Revised Code for those	99537
state agencies audited on a biennial basis.	99538

Section 207.10.20. OAKS RENTAL PAYMENTS

99539

The foregoing appropriation item 100415, OAKS Rental	99540
Payments, shall be used for payments for the period from July 1,	99541
2009, through June 30, 2011, pursuant to leases and agreements	99542
entered into under Chapter 125. of the Revised Code, as	99543
supplemented by Section 503.10 of Am. Sub. H.B. 496 and Section	99544
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly with	99545
respect to financing the costs associated with the acquisition,	99546
development, installation, and implementation of the Ohio	99547
Administrative Knowledge System. If it is determined that	99548
additional appropriations are necessary for this purpose, the	99549
amounts are hereby appropriated.	99550

Section 207.10.30. STATE TAXATION ACCOUNTING AND REVENUE	99551
SYSTEM	99552

The Office of Information Technology, in conjunction with	99553
the Department of Taxation, may acquire the State Taxation	99554
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	99555
the Revised Code, including, but not limited to, the application	99556
software and installation and implementation thereof, for the use	99557
of the Department of Taxation. STARS is an integrated tax	99558
collection and audit system that will replace all of the state's	99559
existing separate tax software and administration systems for the	99560
various taxes collected by the state. Any lease-purchase	99561
arrangement used under Chapter 125. of the Revised Code to acquire	99562
STARS, including any fractionalized interests therein as defined	99563
in division (N) of section 133.01 of the Revised Code, shall	99564
provide that at the end of the lease period, STARS becomes the	99565
property of the state.	99566

Section 207.10.40. STARS LEASE RENTAL PAYMENTS

99567

The foregoing appropriation item 100416, STARS Lease Rental	99568
Payments, shall be used for payments for the period from July 1,	99569
2009, through June 30, 2011, pursuant to leases and agreements	99570
entered into under Chapter 125. of the Revised Code, as	99571
supplemented by Section 757.10 of Am. Sub. H.B. 119 of the 127th	99572
General Assembly, with respect to financing the cost associated	99573
with the acquisition, development, installation, and	99574
implementation of the State Taxation Accounting and Revenue	99575
System (STARS). If it is determined that additional appropriations	99576
are necessary for this purpose, the amounts are appropriated.	99577

Section 207.10.45. WEB SITES AND BUSINESS GATEWAY

99578

Of the foregoing appropriation item 100418, Web Sites and	99579
Business Gateway, $900,000 in fiscal year 2010 and $200,000 in	99580
fiscal year 2011 shall be used by the Department of Administrative	99581
Services to develop and maintain the web site required under	99582
section 125.20 of the Revised Code.	99583

Section 207.10.50. BUILDING RENT PAYMENTS

99584

The foregoing appropriation item 100447, OBA - Building Rent	99585
Payments, shall be used to meet all payments at the times they are	99586
required to be made during the period from July 1, 2009, to June	99587
30, 2011, by the Department of Administrative Services to the Ohio	99588
Building Authority pursuant to leases and agreements under Chapter	99589
152. of the Revised Code. These appropriations are the source of	99590
funds pledged for bond service charges on obligations issued	99591
pursuant to Chapter 152. of the Revised Code.	99592

The foregoing appropriation item 100448, OBA - Building	99593
Operating Payments, shall be used to meet all payments at the	99594
times that they are required to be made during the period from	99595
July 1, 2009, to June 30, 2011, by the Department of	99596
Administrative Services to the Ohio Building Authority pursuant to	99597
leases and agreements under Chapter 152. of the Revised Code, but	99598
limited to the aggregate amount of $51,206,000.	99599

The payments to the Ohio Building Authority are for paying	99600
the expenses of agencies that occupy space in various state	99601
facilities. The Department of Administrative Services may enter	99602
into leases and agreements with the Ohio Building Authority	99603
providing for the payment of these expenses. The Ohio Building	99604
Authority shall report to the Department of Administrative	99605
Services and the Office of Budget and Management not later than	99606
five months after the start of each fiscal year the actual	99607
expenses incurred by the Ohio Building Authority in operating the	99608
facilities and any balances remaining from payments and rentals	99609
received in the prior fiscal year. The Department of	99610
Administrative Services shall reduce subsequent payments by the	99611
amount of the balance reported to it by the Ohio Building	99612
Authority.	99613

Section 207.10.60. DAS - BUILDING OPERATING PAYMENTS

99614

The foregoing appropriation item 100449, DAS - Building	99615
Operating Payments, shall be used to pay the rent expenses of	99616
veterans organizations pursuant to section 123.024 of the Revised	99617
Code in fiscal years 2010 and 2011.	99618

The foregoing appropriation item, 100449, DAS - Building	99619
Operating Payments, also may be used to provide funding for the	99620
cost of property appraisals or building studies that the	99621
Department of Administrative Services may be required to obtain	99622
for property that is being sold by the state or property under	99623
consideration to be renovated or purchased by the state.	99624

Notwithstanding section 125.28 of the Revised Code, the	99625
remaining portion of the appropriation may be used to pay the	99626
operating expenses of state facilities maintained by the	99627
Department of Administrative Services that are not billed to	99628
building tenants. These expenses may include, but are not limited	99629
to, the costs for vacant space and space undergoing renovation,	99630
and the rent expenses of tenants that are relocated because of	99631
building renovations. These payments shall be processed by the	99632
Department of Administrative Services through intrastate transfer	99633
vouchers and placed in the Building Management Fund (Fund 1320).	99634

Notwithstanding division (A)(1) of section 125.28 of the	99635
Revised Code, the Department of Administrative Services may use	99636
the Building Management Fund (Fund 1320) to support utility costs	99637
at the State of Ohio Computer Center that exceed the available	99638
appropriation in appropriation item 100433, State of Ohio Computer	99639
Center.	99640

Section 207.10.70. CENTRAL SERVICE AGENCY FUND

99641

The appropriation item 100632, Central Service Agency, shall	99642
be used to purchase the equipment, products, and services that are	99643
needed to maintain automated applications for the professional	99644
licensing boards and to support board licensing functions in	99645
fiscal years 2010 and 2011. The Department of Administrative	99646
Services shall establish charges for recovering the costs of	99647
carrying out these functions. The charges shall be billed to the	99648
professional licensing boards and deposited via intrastate	99649
transfer vouchers to the credit of the Central Service Agency Fund	99650
(Fund 1150). Total Department of Administrative Services charges	99651
for the maintenance and support of the licensing system shall not	99652
exceed $363,678 in each fiscal year of the biennium.	99653

Section 207.10.80. CENTRAL SERVICE AGENCY CONSOLIDATION	99654
INITIATIVE	99655

Of the foregoing appropriation item 130321, State Agency	99656
Support Services, $308,230 in fiscal year 2010 and $235,230 in	99657
fiscal year 2011 shall be used by the Department of Administrative	99658
Services for the Central Service Agency Consolidation initiative.	99659

Section 207.10.90. EXPANDED FUNCTIONS OF THE CENTRAL SERVICE	99660
AGENCY	99661

Notwithstanding any contrary provision of law, on July 1,	99662
2009, or as soon as possible thereafter, the Central Service	99663
Agency shall review the services the Agency performs on behalf of	99664
the boards and commissions named in division (A) of section 125.22	99665
of the Revised Code and the fiscal condition of those boards and	99666
commissions with those boards and commissions. The Agency, in	99667
consultation with the boards and commissions, shall thereafter	99668
provide recommendations to the Director of Budget and Management	99669
regarding consolidation of human resources, fiscal, and	99670
information technology functions to achieve administrative cost	99671
savings and efficiency. The Agency shall develop and enter into	99672
service level agreements and agency specific addendums thereto	99673
with the boards and commissions named in division (A) of section	99674
125.22 of the Revised Code. The Agency and the boards and	99675
commissions shall develop a resolution process for settling any	99676
disagreements. The resolution process shall be included in the	99677
service level agreements. The service level agreements, and any	99678
board and commission specific addendums thereto, shall be signed	99679
by a representative of the board or commission and the Agency. An	99680
agreement or addendum may require the transfer of the board's or	99681
commission's employees and assets and may require the boards and	99682
commissions to enter into agreements to share office equipment,	99683
office space, or other assets to the extent such an agreement	99684
would create efficiencies or savings in human resources, fiscal,	99685
or information technology expenses.	99686

This section shall not be interpreted as a grant of	99687
authority to the Agency to supersede or replace the boards or	99688
commissions in the performance of their respective statutory	99689
duties, but shall be interpreted to focus on functions that are	99690
not evident to the licensees of the boards and commissions,	99691
registrants, or customers and so as not to interfere with the	99692
protection of the public.	99693

The Director of Budget and Management shall take budget	99694
actions necessary to implement the service level agreements and	99695
addendums thereto signed by the respective boards and commissions	99696
and the Agency. The Director of Administrative Services shall	99697
ensure that the service level agreements and addendums thereto are	99698
properly implemented.	99699

Section 207.20.10. GENERAL SERVICE CHARGES

99700

The Department of Administrative Services, with the approval	99701
of the Director of Budget and Management, shall establish charges	99702
for recovering the costs of administering the programs funded by	99703
the General Services Fund (Fund 1170) and the State Printing Fund	99704
(Fund 2100). Such charges within Fund 1170 may be used to recover	99705
the cost of paying a vendor to establish reduced pricing for	99706
contracted supplies or services.	99707

If the Director of Administrative Services determines that	99708
additional amounts are necessary to pay for consulting and	99709
administrative costs related to securing lower pricing, the	99710
Director of Administrative Services may request that the Director	99711
of Budget and Management approve additional expenditures. Such	99712
approved additional amounts are appropriated to appropriation item	99713
100644, General Services Division-Operating.	99714

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION	99715
EXPENSES	99716

With approval of the Director of Budget and Management, the	99717
Department of Administrative Services may seek reimbursement from	99718
state agencies for the actual costs and expenses the Department	99719
incurs in the collective bargaining arbitration process. The	99720
reimbursements shall be processed through intrastate transfer	99721
vouchers and credited to the Collective Bargaining Fund (Fund	99722
1280).	99723

Section 207.20.30. BROADBAND OHIO

99724

Any unencumbered, unexpended amounts of the foregoing	99725
appropriation item 100607, IT Services Delivery, that were	99726
allocated for implementation of the NextGen Network in fiscal	99727
years 2008 and 2009 are hereby reappropriated for the same purpose	99728
in fiscal years 2010 and 2011.	99729

Section 207.20.40. EQUAL OPPORTUNITY PROGRAM

99730

The Department of Administrative Services, with the approval	99731
of the Director of Budget and Management, shall establish charges	99732
for recovering the costs of administering the activities supported	99733
by the State EEO Fund (Fund 1880). These charges shall be	99734
deposited to the credit of the State EEO Fund (Fund 1880) upon	99735
payment made by state agencies, state-supported or state-assisted	99736
institutions of higher education, and tax-supported agencies,	99737
municipal corporations, and other political subdivisions of the	99738
state, for services rendered.	99739

Section 207.20.50. MERCHANDISE RESALE FUND ABOLISHMENT

99740

On July 1, 2009, or as soon as possible thereafter, the	99741
Director of Budget and Management shall transfer the cash balance,	99742
functions, assets, and liabilities of the Merchandise Resale Fund	99743
(Fund 2010) to the State Printing Fund (Fund 2100). The Director	99744
of Budget and Management shall cancel any existing encumbrances	99745
against appropriation item 100653, General Services Resale	99746
Merchandise, and re-establish them against appropriation item	99747
100612, State Printing. The re-established encumbrances are	99748
appropriated. Upon completion of the transfer, Fund 2010 is	99749
abolished.	99750

The State Printing Fund is thereupon and thereafter successor	99751
to, assumes the obligations of, and otherwise constitutes the	99752
continuation of the Merchandise Resale Fund. Any business	99753
commenced but not completed pertaining to the Merchandise for	99754
Resale Fund by July 1, 2009, shall be completed within the State	99755
Printing Fund in the same manner and with the same effect as if it	99756
were completed within the Merchandise for Resale Fund. All of the	99757
rules, orders, and determinations associated with the Merchandise	99758
for Resale Fund continue in effect as rules, orders, and	99759
determinations associated with the State Printing Fund until	99760
modified or rescinded by the Director of Administrative Services.	99761
If necessary to ensure the integrity of the Administrative Code,	99762
the Director of the Legislative Service Commission shall renumber	99763
the rules relating to the Merchandise for Resale Fund to reflect	99764
its transfer to the State Printing Fund.	99765

On and after July 1, 2009, when the Merchandise for Resale	99766
Fund is referred to in any statute, rule, contract, grant or other	99767
document, the reference is hereby deemed to refer to the State	99768
Printing Fund.	99769

Section 207.20.60. LEVERAGED ENTERPRISE PURCHASE PROGRAM	99770
FUNDING	99771

The foregoing appropriation item 100640, Leveraged Enterprise	99772
Purchases, may be used by the Director of Administrative Services	99773
to operate a Leveraged Enterprise Purchases Program to make	99774
enterprise-wide information technology purchases. The Director of	99775
Administrative Services may recover the cost of operating such a	99776
program from all participating government entities through	99777
intrastate transfer voucher billings for each applicable	99778
procurement, or the Director may use any pass-through billing	99779
method agreed to by the Director of Administrative Services, the	99780
Director of Budget and Management, and the participating	99781
government entities that will receive the applicable procurement.	99782
If the Director of Administrative Services chooses to recover the	99783
costs through intrastate transfer voucher billings, the	99784
participating government entities shall process the intrastate	99785
transfer vouchers to pay for the cost.	99786

Amounts received under this section for the Leveraged	99787
Enterprise Purchases Program shall be deposited to the credit of	99788
the IT Governance Fund (Fund 2290).	99789

Section 207.20.70. INFORMATION TECHNOLOGY ASSESSMENT

99790

The Director of Administrative Services, with the approval	99791
of the Director of Budget and Management, may establish an	99792
information technology assessment for the purpose of recovering	99793
the cost of selected infrastructure and statewide programs. The	99794
information technology assessment shall be charged to all	99795
organized bodies, offices, or agencies established by the laws of	99796
the state for the exercise of any function of state government	99797
except for the General Assembly, any legislative agency, the	99798
Supreme Court, the other courts of record in Ohio, or any	99799
judicial agency, the Adjutant General, the Bureau of Workers'	99800
Compensation, and institutions administered by a board of	99801
trustees. Any state-entity exempted by this section may use the	99802
infrastructure or statewide program by participating in the	99803
information technology assessment. All charges for the	99804
information technology assessment shall be deposited to the	99805
credit of the IT Governance Fund (Fund 2290).	99806

Section 207.20.80. INVESTMENT RECOVERY FUND

99807

Notwithstanding division (B) of section 125.14 of the Revised	99808
Code, cash balances in the Investment Recovery Fund (Fund 4270)	99809
may be used to support the operating expenses of the Federal	99810
Surplus Operating Program created in sections 125.84 to 125.90 of	99811
the Revised Code.	99812

Notwithstanding division (B) of section 125.14 of the Revised	99813
Code, cash balances in the Investment Recovery Fund may be used to	99814
support the operating expenses of the Asset Management Services	99815
Program, including, but not limited to, the cost of establishing	99816
and maintaining procedures for inventory records for state	99817
property as described in section 125.16 of the Revised Code.	99818

Of the foregoing appropriation item 100602, Investment	99819
Recovery, up to $2,093,564 in fiscal year 2010 and up to	99820
$2,107,388 in fiscal year 2011 shall be used to pay the operating	99821
expenses of the State Surplus Property Program, the Surplus	99822
Federal Property Program, and the Asset Management Services	99823
Program under Chapter 125. of the Revised Code and this section.	99824
If additional appropriations are necessary for the operations of	99825
these programs, the Director of Administrative Services shall seek	99826
increased appropriations from the Controlling Board under section	99827
131.35 of the Revised Code.	99828

Of the foregoing appropriation item 100602, Investment	99829
Recovery, $3,590,000 in fiscal year 2010 and $3,576,176 in fiscal	99830
year 2011 shall be used to transfer proceeds from the sale of	99831
surplus property from the Investment Recovery Fund to non-General	99832
Revenue Funds under division (A)(2) of section 125.14 of the	99833
Revised Code. If it is determined by the Director of	99834
Administrative Services that additional amounts are necessary for	99835
the transfer of such sale proceeds, the Director of Administrative	99836
Services may request the Director of Budget and Management to	99837
authorize additional amounts. Such authorized additional amounts	99838
are hereby appropriated.	99839

Section 207.20.90. DAS INFORMATION SERVICES

99840

There is hereby established in the State Treasury the DAS	99841
Information Services Fund. The foregoing appropriation item	99842
100603, DAS Information Services, shall be used to pay the costs	99843
of providing information systems and services in the Department of	99844
Administrative Services. Any state agency, board, or commission	99845
may use DAS Information Services by paying for the services	99846
rendered.	99847

The Department of Administrative Services shall establish	99848
user charges for all information systems and services that are	99849
allowable in the statewide indirect cost allocation plan submitted	99850
annually to the United States Department of Health and Human	99851
Services. These charges shall comply with federal regulations and	99852
shall be deposited to the credit of the DAS Information Services	99853
Fund (Fund 4P30).	99854

Section 207.30.10. ADMINISTRATIVE HEARINGS

99855

There is hereby created in the State Treasury the	99856
Administrative Hearings Fund (Fund 5DQ0). The fund shall be under	99857
the supervision of the Department of Administrative Services and	99858
shall be used to pay the costs of operating shared, centralized	99859
administrative-adjudicatory services in the Department of	99860
Administrative Services. Money collected from charges to state	99861
agencies for adjudicatory services provided by the Department of	99862
Administrative Services shall be credited to the fund. The	99863
foregoing appropriation item 100638, Administrative Hearings,	99864
shall be used to make payments from the fund.	99865

With the approval of the Director of Budget and Management,	99866
the Department of Administrative Services shall establish user	99867
charges to recover the costs of providing adjudicatory services in	99868
fiscal years 2010 and 2011. The charges shall be established at	99869
amounts sufficient to pay the costs of providing services and an	99870
amount to provide operating cash flow for the fund. The charges	99871
shall be billed to state agencies that receive	99872
administrative-adjudicatory services and deposited via intrastate	99873
transfer vouchers to the credit of the Administrative Hearings	99874
Fund (Fund 5DQ0).	99875

The Director of Administrative Services shall submit a	99876
spending plan to the Director of Budget and Management to justify	99877
operating transfers to Fund 5DQ0 from the operating funds of state	99878
agencies that receive administrative-adjudicatory services. The	99879
spending plan shall identify the state agencies participating in	99880
the initial receipt of administrative-adjudicatory services, the	99881
proportion of services to be received by each agency, and the	99882
funding source from which the operating transfer shall be made.	99883
Upon approval of the plan, the Director of Budget and Management	99884
may transfer an amount in cash, not to exceed a total of $200,000,	99885
from the funds identified in the plan to Fund 5DQ0. The amounts	99886
shall support the establishment of an Office of Administrative	99887
Hearings.	99888

The Director of Administrative Services shall prepare a plan	99889
for the return of cash balances transferred from the operating	99890
funds of state agencies that receive administrative-adjudicatory	99891
services under this section. This plan shall be submitted to the	99892
Director of Budget and Management when the Department of	99893
Administrative Services files with the Director of Budget and	99894
Management its estimate of proposed expenditures for the biennium	99895
beginning July 1, 2011. Upon approval of the plan, the Director of	99896
Budget and Management shall make the cash transfers specified in	99897
the plan.	99898

Section 207.30.30. CASH TRANSFER TO OAKS SUPPORT	99899
ORGANIZATION FUND	99900

The Director of Budget and Management may transfer	99901
$1,317,922.16 in cash from the IT Services Delivery Fund (Fund	99902
1330) to the OAKS Support Organization Fund (5EB0) to correct an	99903
intrastate transfer voucher from the Department of Administrative	99904
Services that was deposited in the IT Services Delivery Fund.	99905

Section 207.30.40. PROFESSIONAL DEVELOPMENT FUND

99906

The foregoing appropriation item 100610, Professional	99907
Development, shall be used to make payments from the Professional	99908
Development Fund (Fund 5L70) under section 124.182 of the Revised	99909
Code.	99910

Section 207.30.50. EMPLOYEE EDUCATIONAL DEVELOPMENT

99911

The foregoing appropriation item 100619, Employee	99912
Educational Development, shall be used to make payments from the	99913
Employee Educational Development Fund (Fund 5V60) under section	99914
124.86 of the Revised Code. The fund shall be used to pay the	99915
costs of administering educational programs under existing	99916
collective bargaining agreements with District 1199, the Health	99917
Care and Social Service Union; State Council of Professional	99918
Educators; Ohio Education Association and National Education	99919
Association; the Fraternal Order of Police Ohio Labor Council,	99920
Unit 2; and the Ohio State Troopers Association, Units 1 and 15.	99921

If it is determined by the Director of Administrative	99922
Services that additional amounts are necessary, the Director of	99923
Administrative Services may request that the Director of Budget	99924
and Management approve additional amounts. Such approved	99925
additional amounts are hereby appropriated.	99926

Section 207.30.60. CENTRALIZED GATEWAY ENHANCEMENT FUND

99927

(A) As used in this section, "Ohio Business Gateway" refers	99928
to the internet-based system operated by the Department of	99929
Administrative Services with the advice of the Ohio Business	99930
Gateway Steering Committee established under section 5703.57 of	99931
the Revised Code. The Ohio Business Gateway is established to	99932
provide businesses a central web site where various filings and	99933
payments are submitted on-line to government. The information is	99934
then distributed to the various government entities that	99935
interact with the business community.	99936

(B) As used in this section:

99937

(1) "State Portal" refers to the official web site of the	99938
state, operated by the Department of Administrative Services.	99939

(2) "Shared Hosting Environment" refers to the computerized	99940
system operated by the Department of Administrative Services for	99941
the purpose of providing capability for state agencies to host	99942
web sites.	99943

(C) There is hereby created in the state treasury the	99944
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	99945
appropriation item 100634, Centralized Gateway Enhancement, shall	99946
be used by the Department of Administrative Services to pay the	99947
costs of enhancing, expanding, and operating the infrastructure	99948
of the Ohio Business Gateway, State Portal, and Shared Hosting	99949
Environment. The Director of Administrative Services shall submit	99950
spending plans to the Director of Budget and Management to	99951
justify operating transfers to the fund from the General	99952
Revenue Fund. Upon approval, the Director of Budget and	99953
Management shall transfer approved amounts to the fund, not to	99954
exceed the amount of the annual appropriation in each fiscal	99955
year. The spending plans may be based on the recommendations of	99956
the Ohio Business Gateway Steering Committee or its successor.	99957

Section 207.30.70. MAJOR IT PURCHASES AND CONTRACTS

99958

The Director of Administrative Services shall compute the	99959
amount of revenue attributable to the amortization of all	99960
equipment purchases and capitalized systems from appropriation	99961
item 100607, IT Services Delivery; appropriation item 100617,	99962
Major IT Purchases; and appropriation item C10014, Major Computer	99963
Purchases, which is recovered by the Department of Administrative	99964
Services as part of the rates charged by the IT Service Delivery	99965
Fund (Fund 1330) created in section 125.15 of the Revised Code.	99966
The Director of Budget and Management may transfer cash in an	99967
amount not to exceed the amount of amortization computed from	99968
the IT Service Delivery Fund (Fund 1330) to the Major IT	99969
Purchases Fund (Fund 4N60).	99970

Section 207.30.80. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	99971
FUND	99972

Upon request of the Director of Administrative Services, the	99973
Director of Budget and Management may make the following transfers	99974
from the Major IT Purchases Fund (Fund 4N60):	99975

(1) Up to $2,800,000 in each fiscal year of the biennium to	99976
the State Architect's Fund (Fund 1310) to support the OAKS Capital	99977
Improvements Module and other costs of the State Architect's	99978
Office that are not directly related to capital projects managed	99979
by the State Architect;	99980

(2) Up to $457,467 in fiscal year 2010 and up to $471,630 in	99981
fiscal year 2011 to the Director's Office Fund (Fund 1120) to	99982
support operating expenses of the Accountability and Results	99983
Initiative;	99984

(3) Up to $4,000,000 in fiscal year 2010 and up to $1,000,000	99985
in fiscal year 2011 to the OAKS Support Organization Fund (Fund	99986
5EB0) to support OAKS operating costs not billed to the Office of	99987
Budget and Management's Accounting and Budgeting Fund (Fund 1050),	99988
to the Department of Administrative Services' Human Resources	99989
Services Fund (Fund 1250), or paid from other funds of the	99990
Department of Administrative Services; and	99991

(4) Up to $639,945 in each fiscal year of the biennium to the	99992
General Revenue Fund.	99993

Upon approval of the Director of Budget and Management, the	99994
transferred amounts to non-GRF funds are appropriated in the	99995
designated fiscal years to the following appropriation items:	99996
100639, State Architect's Office (Fund 1310) in each fiscal year	99997
2010 and fiscal year 2011; 100616, DAS Administration (Fund	99998
1120) in both fiscal year 2010 and fiscal year 2011; and 100635,	99999
OAKS Support Organization (Fund 5EB0) in fiscal year 2010 only.	100000

Section 207.30.90. CORRECTIVE CASH TRANSFER TO INFORMATION	100001
TECHNOLOGY FUND	100002

On July 1, 2009, or as soon as possible thereafter, the	100003
Director of Budget and Management shall transfer $7,768.37 in cash	100004
from the Unemployment Compensation Fund (Fund 1130) to the	100005
Information Technology Fund (Fund 1330). This transfer corrects a	100006
deposit of revenue that was made to Fund 1130. Upon completion of	100007
the transfer, Fund 1130 is abolished.	100008

Section 207.40.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	100009
DEBT SERVICE PAYMENTS	100010

The Director of Administrative Services, in consultation with	100011
the Multi-Agency Radio Communication System (MARCS) Steering	100012
Committee and the Director of Budget and Management, shall	100013
determine the share of debt service payments attributable to	100014
spending for MARCS components that are not specific to any one	100015
agency and that shall be charged to agencies supported by the	100016
motor fuel tax. Such share of debt service payments shall be	100017
calculated for MARCS capital disbursements made beginning July 1,	100018
1997. Within thirty days of any payment made from appropriation	100019
item 100447, OBA - Building Rent Payments, the Director of	100020
Administrative Services shall certify to the Director of Budget	100021
and Management the amount of this share. The Director of Budget	100022
and Management shall transfer such amounts to the General Revenue	100023
Fund from the State Highway Safety Fund (Fund 7036) established in	100024
section 4501.06 of the Revised Code.	100025

The Director of Administrative Services shall consider	100026
renting or leasing existing tower sites at reasonable or current	100027
market rates, so long as these existing sites are equipped with	100028
the technical capabilities to support the MARCS project.	100029

Section 207.40.20. ACCOUNTABILITY AND RESULTS FUND

100030

There is hereby created in the state treasury the	100031
Accountability and Results Fund (Fund 5GD0) for use by the	100032
Department of Administrative Services. The Accountability and	100033
Results Fund shall consist of gifts, grants, devises, bequests,	100034
and other financial contributions made to the Department of	100035
Administrative Services for the purchase of services, supplies, or	100036
equipment for the Accountability and Results Initiative. All	100037
investment earnings of the fund shall be credited to the fund.	100038

Section 207.40.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

100039

Whenever the Director of Administrative Services declares a	100040
"public exigency," as provided in division (C) of section 123.15	100041
of the Revised Code, the Director shall also notify the members of	100042
the Controlling Board.	100043

Section 207.40.40. GRF TRANSFER TO STATE EQUAL EMPLOYMENT	100044
OPPORTUNITY FUND	100045

On July 1 of each fiscal year, or as soon as possible	100046
thereafter, the Director of Budget and Management shall transfer	100047
$500,000 cash from the General Revenue Fund to the State Equal	100048
Employment Opportunity Fund (Fund 1880) used by the Department of	100049
Administrative Services.	100050

Section 209.10. AGE DEPARTMENT OF AGING

100051

General Revenue Fund	100052

GRF	490321	Operating Expenses	$	2,109,817	$	2,109,817	100053
GRF	490409	AmeriCorps Operations	$	147,034	$	147,034	100054
GRF	490410	Long-Term Care Ombudsman	$	535,857	$	535,857	100055
GRF	490411	Senior Community Services	$	8,434,134	$	8,434,134	100056
GRF	490412	Residential State Supplement	$	7,325,417	$	7,325,417	100057
GRF	490414	Alzheimer's Respite	$	3,644,277	$	3,685,593	100058
GRF	490416	JCFS Community Options	$	240,000	$	240,000	100059
GRF	490423	Long Term Care Budget - State	$	113,116,967	$	149,517,603	100060
GRF	490506	National Senior Service Corps	$	268,237	$	268,237	100061
GRF	490625	Alzheimer's Respite - Federal Stimulus	$	512,318	$	471,002	100062
TOTAL GRF General Revenue Fund			$	136,334,058	$	172,734,694	100063

General Services Fund Group	100064

4800	490606	Senior Community Outreach and Education	$	372,677	$	372,677	100065
TOTAL GSF General Services Fund							100066
Group			$	372,677	$	372,677	100067

Federal Special Revenue Fund Group	100068

3220	490618	Federal Aging Grants	$	10,200,000	$	10,200,000	100069
3C40	490623	Long Term Care Budget	$	350,162,957	$	340,193,418	100070
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	100071
3R70	490617	AmeriCorps Programs	$	8,870,000	$	8,870,000	100072
TOTAL FED Federal Special Revenue							100073
Fund Group			$	432,888,037	$	422,918,498	100074

State Special Revenue Fund Group	100075

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	100076
4J40	490610	PASSPORT/Residential State Supplement	$	33,263,984	$	33,263,984	100077
4U90	490602	PASSPORT Fund	$	4,424,969	$	4,424,969	100078
5AA0	490673	Ohio's Best Rx Administration	$	910,801	$	0	100079
5BA0	490620	Ombudsman Support	$	600,000	$	600,000	100080
5K90	490613	Long Term Care Consumers Guide	$	820,400	$	820,400	100081
5W10	490616	Resident Services Coordinator Program	$	330,000	$	330,000	100082
6240	490604	OCSC Community Support	$	470,000	$	470,000	100083
TOTAL SSR State Special Revenue							100084
Fund Group			$	41,755,154	$	40,844,353	100085
TOTAL ALL BUDGET FUND GROUPS			$	611,349,926	$	636,870,222	100086

Section 209.20. LONG-TERM CARE

100088

Pursuant to an interagency agreement, the Department of Job	100089
and Family Services shall designate the Department of Aging to	100090
perform assessments under section 5111.204 of the Revised Code.	100091
The Department of Aging shall provide long-term care consultations	100092
under section 173.42 of the Revised Code to assist individuals in	100093
planning for their long-term health care needs. The foregoing	100094
appropriation items 490423, Long Term Care Budget – State, and	100095
490623, Long Term Care Budget, may be used to provide the	100096
preadmission screening and resident review (PASRR), which includes	100097
screening, assessments, and determinations made under sections	100098
5111.02, 5111.204, 5119.061, and 5123.021 of the Revised Code.	100099

The foregoing appropriation items 490423, Long Term Care	100100
Budget - State, and 490623, Long Term Care Budget, may be used to	100101
assess and provide long-term care consultations to clients	100102
regardless of Medicaid eligibility.	100103

The Director of Aging shall adopt rules under section 111.15	100104
of the Revised Code governing the nonwaiver funded PASSPORT	100105
program, including client eligibility. The foregoing appropriation	100106
item 490423, Long Term Care Budget - State, may be used by the	100107
Department of Aging to provide nonwaiver funded PASSPORT services	100108
to persons the Department has determined to be eligible to	100109
participate in the nonwaiver funded PASSPORT Program, including	100110
those persons not yet determined to be financially eligible to	100111
participate in the Medicaid waiver component of the PASSPORT	100112
Program by a county department of job and family services.	100113

The Department of Aging shall administer the Medicaid	100114
waiver-funded PASSPORT Home Care Program, the Choices Program, the	100115
Assisted Living Program, and the PACE Program as delegated by the	100116
Department of Job and Family Services in an interagency agreement.	100117
The foregoing appropriation item 490423, Long Term Care Budget -	100118
State, shall be used to provide the required state match for	100119
federal Medicaid funds supporting the Medicaid Waiver-funded	100120
PASSPORT Home Care Program, the Choices Program, the Assisted	100121
Living Program, and the PACE Program. The foregoing appropriation	100122
items 490423, Long Term Care Budget - State, and 490623, Long Term	100123
Care Budget, may also be used to support the Department of Aging's	100124
administrative costs associated with operating the PASSPORT,	100125
Choices, Assisted Living, and PACE programs.	100126

The foregoing appropriation item 490623, Long Term Care	100127
Budget, shall be used to provide the federal matching share for	100128
all program costs determined by the Department of Job and Family	100129
Services to be eligible for Medicaid reimbursement.	100130

Of the foregoing appropriation item 490423, Long Term Care	100131
Budget - State, $200,000 in each fiscal year shall be allocated to	100132
the Visiting Nurse Association Health Care Partners of Ohio for	100133
the Chronic Disease Management Home Health Aide Workforce Training	100134
Program.	100135

HOME FIRST PROGRAM

100136

(A) As used in this section, "Long Term Care Budget Services"	100137
includes the following existing programs: PASSPORT, Assisted	100138
Living, Residential State Supplement, and PACE.	100139

(B) On a quarterly basis, on receipt of the certified	100140
expenditures related to sections 173.401, 173.351, and 5111.894 of	100141
the Revised Code, the Director of Budget and Management may do	100142
all of the following for fiscal years 2010 and 2011:	100143

(1) Transfer cash from the Nursing Facility Stabilization	100144
Fund (Fund 5R20), used by the Department of Job and Family	100145
Services, to the PASSPORT/Residential State Supplement Fund (Fund	100146
4J40), used by the Department of Aging.	100147

The transferred cash is hereby appropriated to appropriation	100148
item 490610, PASSPORT/Residential State Supplement.	100149

(2) If receipts credited to the PASSPORT Fund (Fund 3C40)	100150
exceed the amounts appropriated from the fund, the Director of	100151
Aging may request the Director of Budget and Management to	100152
authorize expenditures from the fund in excess of the amounts	100153
appropriated. Upon the approval of the Director of Budget and	100154
Management, the additional amounts are hereby appropriated.	100155

(3) If receipts credited to the Interagency Reimbursement	100156
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	100157
the Director of Job and Family Services may request the Director	100158
of Budget and Management to authorize expenditures from the fund	100159
in excess of the amounts appropriated. Upon the approval of the	100160
Director of Budget and Management, the additional amounts are	100161
hereby appropriated.	100162

(C) The individuals placed in Long Term Care Budget Services	100163
pursuant to this section shall be in addition to the individuals	100164
placed in Long Term Care Budget Services during fiscal years 2010	100165
and 2011 before any transfers to appropriation item 490423, Long	100166
Term Care Budget-State, are made under this section.	100167

ALLOCATION OF PACE SLOTS

100168

In order to effectively administer and manage growth within	100169
the PACE Program, the Director of Aging may, as the director deems	100170
appropriate and to the extent funding is available, expand the	100171
PACE Program to regions of Ohio beyond those currently served by	100172
the PACE Program between the PACE sites in Cleveland and	100173
Cincinnati.	100174

Section 209.30. OHIO COMMUNITY SERVICE COUNCIL

100175

The foregoing appropriation items 490409, AmeriCorps	100176
Operations, and 490617, AmeriCorps Programs, shall be used in	100177
accordance with section 121.40 of the Revised Code.	100178

LONG-TERM CARE OMBUDSMAN

100179

The foregoing appropriation item 490410, Long-Term Care	100180
Ombudsman, shall be used for a program to fund ombudsman program	100181
activities as authorized in sections 173.14 to 173.27 and section	100182
173.99 of the Revised Code.	100183

SENIOR COMMUNITY SERVICES

100184

The foregoing appropriation item 490411, Senior Community	100185
Services, shall be used for services designated by the Department	100186
of Aging, including, but not limited to, home-delivered and	100187
congregate meals, transportation services, personal care	100188
services, respite services, adult day services, home repair, care	100189
coordination, and decision support systems. Service priority	100190
shall be given to low income, frail, and cognitively impaired	100191
persons 60 years of age and over. The department shall promote	100192
cost sharing by service recipients for those services funded with	100193
senior community services funds, including, when possible,	100194
sliding-fee scale payment systems based on the income of service	100195
recipients.	100196

RESIDENTIAL STATE SUPPLEMENT

100197

Under the Residential State Supplement Program, the amount	100198
used to determine whether a resident is eligible for payment and	100199
for determining the amount per month the eligible resident will	100200
receive shall be as follows:	100201

(A) $927 for a residential care facility, as defined in	100202
section 3721.01 of the Revised Code;	100203

(B) $927 for an adult group home, as defined in Chapter 3722.	100204
of the Revised Code;	100205

(C) $824 for an adult foster home, as defined in Chapter 173.	100206
of the Revised Code;	100207

(D) $824 for an adult family home, as defined in Chapter	100208
3722. of the Revised Code;	100209

(E) $824 for an adult residential facility, as defined in	100210
Chapter 5119. of the Revised Code;	100211

(F) $618 for adult community mental health housing services,	100212
as defined in division (B)(5) of section 173.35 of the Revised	100213
Code.	100214

The Departments of Aging and Job and Family Services shall	100215
reflect these amounts in any applicable rules the departments	100216
adopt under section 173.35 of the Revised Code.	100217

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

100218

The foregoing appropriation items 490412, Residential State	100219
Supplement, and 490610, PASSPORT/Residential State Supplement, may	100220
be used by the Director of Aging to transfer cash to the Home and	100221
Community Based Services for the Aged Fund (Fund 4J50), which is	100222
used by the Department of Job and Family Services. The	100223
transferred cash shall be used to make benefit payments to	100224
residential state supplement recipients. The transfer shall be	100225
made using an intrastate transfer voucher.	100226

RESIDENTIAL STATE SUPPLEMENT WORKGROUP

100227

(A) There is hereby created the Residential State Supplement	100228
Workgroup consisting of all of the following:	100229

(1) The Director of Aging or the Director's designee;

100230

(2) The Director of Health or the Director's designee;

100231

(3) The Director of Job and Family Services or the Director's	100232
designee;	100233

(4) The Director of Mental Health or the Director's designee.

100234

(B) The Director of Aging or the Director's designee shall	100235
serve as the chairperson of the Workgroup. Members of the	100236
Workgroup shall serve without compensation, except to the extent	100237
that serving on the Workgroup is considered part of their regular	100238
employment duties.	100239

(C) The Workgroup shall examine solely the issue of which	100240
state agency is the most appropriate to administer the Residential	100241
State Supplement Program. Not later than December 31, 2009, the	100242
Workgroup shall submit written recommendations on this issue to	100243
the Governor and, in accordance with section 101.68 of the Revised	100244
Code, to the General Assembly. The Workgroup shall cease to exist	100245
on submission of its recommendations.	100246

ALZHEIMER'S RESPITE

100247

The foregoing appropriation item 490414, Alzheimer's Respite,	100248
shall be used to fund only Alzheimer's disease services under	100249
section 173.04 of the Revised Code.	100250

JCFS COMMUNITY OPTIONS

100251

Of the foregoing appropriation item 490416, JCFS Community	100252
Options, $80,000 in each fiscal year shall be allocated to the	100253
Cleveland Jewish Community Center, $70,000 in each fiscal year	100254
shall be allocated to the Cincinnati Jewish Vocational Services,	100255
$70,000 in each fiscal year shall be allocated to the Wexner	100256
Heritage Village, and $20,000 in each fiscal year shall be	100257
allocated to the Columbus Jewish Community Center.	100258

ALZHEIMER'S RESPITE – FEDERAL STIMULUS

100259

The foregoing appropriation item 490625, Alzheimer's Respite	100260
– Federal Stimulus, shall be used to fund only Alzheimer's disease	100261
services under section 173.04 of the Revised Code.	100262

EDUCATION AND TRAINING

100263

The foregoing appropriation item 490606, Senior Community	100264
Outreach and Education, may be used to provide training to workers	100265
in the field of aging pursuant to division (G) of section 173.02	100266
of the Revised Code.	100267

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

100268

The foregoing appropriation item 490609, Regional Long-Term	100269
Care Ombudsman, shall be used to pay the costs of operating the	100270
regional long-term care ombudsman programs designated by the	100271
Long-Term Care Ombudsman.	100272

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

100273

The foregoing appropriation item 490610, PASSPORT/Residential	100274
State Supplement, may be used to fund the Residential State	100275
Supplement Program. The remaining available funds shall be used to	100276
fund the PASSPORT program.	100277

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	100278
AND FEDERAL AGING GRANTS	100279

At the request of the Director of Aging, the Director of	100280
Budget and Management may transfer appropriation between	100281
appropriation items 490612, Federal Independence Services, and	100282
490618, Federal Aging Grants. The amounts transferred shall not	100283
exceed 30 per cent of the appropriation from which the transfer	100284
is made. Any transfers shall be reported by the Department of	100285
Aging to the Controlling Board at the next scheduled meeting of	100286
the board.	100287

TRANSFER OF RESIDENT PROTECTION FUNDS

100288

In each fiscal year, the Director of Budget and Management	100289
may transfer $600,000 cash from the Resident Protection Fund	100290
(Fund 4E30), which is used by the Department of Job and Family	100291
Services, to the Ombudsman Support Fund (Fund 5BA0), which is	100292
used by the Department of Aging.	100293

Section 209.40. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

100294

(A) There is hereby created the Unified Long-Term Care Budget	100295
Workgroup. The Workgroup shall consist of the following members:	100296

(1) The Director of Aging;

100297

(2) Consumer advocates, representatives of the provider	100298
community, and state policy makers, appointed by the Governor;	100299

(3) Two members of the House of Representatives, one member	100300
from the majority party and one member from the minority party,	100301
appointed by the Speaker of the House of Representatives;	100302

(4) Two members of the Senate, one member from the majority	100303
party and one member from the minority party, appointed by the	100304
President of the Senate.	100305

The Director of Aging shall serve as the chairperson of the	100306
Workgroup.	100307

The Workgroup shall be staffed by the departments of Aging	100308
and Job and Family Services.	100309

(B) The Workgroup shall develop a unified long-term care	100310
budget that facilitates the following:	100311

(1) Providing a consumer a choice of services that meet the	100312
consumer's health care needs and improve the consumer's quality of	100313
life;	100314

(2) Providing a continuum of services that meet the needs of	100315
a consumer throughout life;	100316

(3) Consolidating policymaking authority and the associated	100317
budgets in a single entity to simplify the consumer's decision	100318
making and maximize the state's flexibility in meeting the	100319
consumer's needs;	100320

(4) Assuring the state has a system that is cost effective	100321
and links disparate services across agencies and jurisdictions.	100322

(C) On an annual basis, the Directors of Aging, Job and	100323
Family Services, and Budget and Management shall submit a written	100324
report to the Speaker of the House of Representatives, the	100325
Minority Leader of the House of Representatives, the President of	100326
the Senate, the Minority Leader of the Senate, and the members of	100327
the Joint Legislative Committee on Medicaid Technology and Reform	100328
describing the progress towards establishing, or if already	100329
established, the effectiveness of the unified long-term care	100330
budget.	100331

(D) In support of the Workgroup's proposal, the Director of	100332
Budget and Management may seek Controlling Board approval to	100333
transfer cash from the Nursing Facility Stabilization Fund (Fund	100334
5R20), used by the Department of Job and Family Services, to the	100335
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by	100336
the Department of Aging.	100337

Any transfers of cash approved by the Controlling Board under	100338
this section are hereby appropriated to appropriation item 490610,	100339
PASSPORT/Residential State Supplement.	100340

Section 209.50. OHIO'S BEST RX PROGRAM

100341

OHIO'S BEST RX ADMINISTRATION

100342

On and after July 1, 2009, the Director of Aging may take any	100343
actions necessary to conclude the operation of the Ohio's Best Rx	100344
Program and settle all accounts with drug manufacturers and	100345
terminal distributors of dangerous drugs that had program	100346
agreements in effect on June 30, 2009. As appropriate, the	100347
Director's actions shall be taken in accordance with the	100348
provisions of former sections 173.71 to 173.91 of the Revised	100349
Code, as those sections existed on June 30, 2009. The Director	100350
shall make every effort to conclude the program by July 31, 2009,	100351
but any program accounts with drug manufacturers and terminal	100352
distributors that remain open after that date may be settled until	100353
October 1, 2009.	100354

On August 1, 2009, or as soon as possible thereafter, the	100355
Director of Budget and Management shall transfer the cash balance	100356
in the Ohio's Best Rx Administration Fund (Fund 5AA0) to the	100357
General Revenue Fund. Fund 5AA0 shall remain open after the	100358
transfer to allow program accounts to be settled with drug	100359
manufacturers and terminal distributors pursuant to this section.	100360
On October 1, 2009, or as soon as possible thereafter, the	100361
Director of Budget and Management shall complete the final	100362
transfer of any cash balance in Fund 5AA0 to the General Revenue	100363
Fund. Upon completion of the transfer, Fund 5AA0 is abolished.	100364
The Director shall cancel any existing encumbrances against	100365
appropriation item 490673, Ohio's Best Rx Administration.	100366

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

100367

General Revenue Fund	100368

GRF	700401	Animal Disease Control	$	3,617,777	$	3,617,777	100369
GRF	700403	Dairy Division	$	1,110,277	$	1,110,277	100370
GRF	700404	Ohio Proud	$	246,895	$	246,895	100371
GRF	700406	Consumer Analytical Lab	$	1,256,469	$	1,274,854	100372
GRF	700407	Food Safety	$	875,043	$	875,043	100373
GRF	700409	Farmland Preservation	$	200,000	$	200,000	100374
GRF	700411	International Trade and Market Development	$	531,440	$	531,440	100375
GRF	700412	Weights and Measures	$	200,000	$	200,000	100376
GRF	700415	Poultry Inspection	$	375,401	$	375,401	100377
GRF	700418	Livestock Regulation Program	$	1,322,784	$	1,353,676	100378
GRF	700424	Livestock Testing and Inspections	$	120,906	$	120,906	100379
GRF	700499	Meat Inspection Program - State Share	$	4,920,926	$	4,960,926	100380
GRF	700501	County Agricultural Societies	$	334,903	$	334,903	100381
GRF	700503	Livestock Exhibition Fund	$	62,500	$	62,500	100382
GRF	700654	Agriculture Operating - Federal Stimulus	$	1,107,035	$	1,017,758	100383
TOTAL GRF General Revenue Fund			$	16,282,356	$	16,282,356	100384

General Services Fund Group	100385

5DA0	700644	Laboratory Administration Support	$	1,100,000	$	1,100,000	100386
5GH0	700655	Central Support Indirect Cost	$	5,713,404	$	5,713,404	100387
TOTAL GSF General Services Fund Group			$	6,813,404	$	6,813,404	100388

Federal Special Revenue Fund Group	100389

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	100390
3360	700617	Ohio Farm Loan Revolving Fund	$	44,679	$	44,679	100391
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	100392
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	100393
3J40	700607	Indirect Cost	$	600,000	$	600,000	100394
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	100395
TOTAL FED Federal Special Revenue							100396
Fund Group			$	9,594,679	$	9,594,679	100397

State Special Revenue Fund Group	100398

4900	700651	License Plates - Sustainable Agriculture	$	20,000	$	20,000	100399
4940	700612	Agricultural Commodity Marketing Program	$	250,000	$	250,000	100400
4960	700626	Ohio Grape Industries	$	849,999	$	849,999	100401
4970	700627	Commodity Handlers Regulatory Program	$	496,000	$	496,000	100402
4C90	700605	Commercial Feed and Seed	$	2,200,000	$	2,200,000	100403
4D20	700609	Auction Education	$	41,000	$	41,000	100404
4E40	700606	Utility Radiological Safety	$	134,631	$	134,631	100405
4P70	700610	Food Safety Inspection	$	1,099,396	$	1,099,396	100406
4R00	700636	Ohio Proud Marketing	$	10,500	$	10,500	100407
4R20	700637	Dairy Industry Inspection	$	1,800,000	$	1,800,000	100408
4T60	700611	Poultry and Meat Inspection	$	153,339	$	153,339	100409
4T70	700613	Ohio Proud International and Domestic Market Development	$	15,000	$	15,000	100410
5780	700620	Ride Inspection Fees	$	1,000,001	$	1,000,001	100411
5B80	700629	Auctioneers	$	365,390	$	365,390	100412
5CP0	700652	License Plate Scholarships	$	20,000	$	20,000	100413
5FB0	700647	Fuel Quality Testing	$	25,000	$	25,000	100414
5FC0	700648	Plant Pest Program	$	1,000,000	$	1,000,000	100415
5H20	700608	Metrology Lab and Scale Certification	$	1,454,006	$	1,454,006	100416
5L80	700604	Livestock Management Program	$	256,286	$	256,286	100417
6520	700634	Animal and Consumer Analytical Laboratory	$	4,400,000	$	4,400,000	100418
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,470,000	$	3,470,000	100419
TOTAL SSR State Special Revenue							100420
Fund Group			$	19,060,548	$	19,060,548	100421

Clean Ohio Conservation Fund Group	100422

7057	700632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		100423
TOTAL CLF Clean Ohio Conservation Fund Group					$	149,000		$	149,000		100424

TOTAL ALL BUDGET FUND GROUPS

51,899,987

100425

TOLEDO GROWS

100426

Of the foregoing appropriation item 700404, Operating	100427
Expenses, $50,000 in each fiscal year shall be used for the Toledo	100428
Botanical Garden to fund the urban agriculture initiative known as	100429
Toledo Grows.	100430

OHIO - ISRAEL AGRICULTURAL INITIATIVE

100431

Of the foregoing appropriation item 700411, International	100432
Trade and Market Development, $100,000 in each fiscal year shall	100433
be used for the Ohio - Israel Agricultural Initiative.	100434

Section 211.20. COUNTY AGRICULTURAL SOCIETIES

100435

The foregoing appropriation item 700501, County Agricultural	100436
Societies, shall be used to reimburse county and independent	100437
agricultural societies for expenses related to Junior Fair	100438
activities.	100439

FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS

100440

The foregoing appropriation item 700654, Agriculture	100441
Operating - Federal Stimulus, shall be used to support government	100442
services consistent with funds received from the federal	100443
government for fiscal stabilization and recovery purposes.	100444

Section 211.30. COMMERCIAL FEED AND SEED FUND TRANSFER

100445

On July 1, 2009, or as soon as possible thereafter, the	100446
Director of Budget and Management shall transfer thirty-two per	100447
cent of the cash balance in the Commercial Feed and Seed Fund	100448
(Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and	100449
Lime Inspection Program Fund (Fund 6690). The Director shall	100450
cancel existing encumbrances against appropriation item 700605,	100451
Commercial Feed and Seed, and re-establish them against	100452
appropriation item 700635, Pesticide, Fertilizer, and Lime	100453
Inspection Program. The re-established encumbrance amounts are	100454
hereby appropriated.	100455

PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER

100456

On July, 1, 2009, or as soon as possible thereafter, the	100457
Director of Budget and Management shall transfer $600,000 in cash	100458
from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund	100459
6690) to the Plant Pest Program Fund (Fund 5FC0).	100460

CLEAN OHIO AGRICULTURAL EASEMENT

100461

The foregoing appropriation item 700632, Clean Ohio	100462
Agricultural Easement, shall be used by the Department of	100463
Agriculture in administering sections 901.21, 901.22, and 5301.67	100464
to 5301.70 of the Revised Code.	100465

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

100466

General Revenue Fund	100467

GRF	898402	Coal Development Office	$	424,146	$	424,146	100468
GRF	898901	Coal Research and Development General Obligation Debt Service	$	9,968,400	$	10,947,000	100469
TOTAL GRF General Revenue Fund			$	10,392,546	$	11,371,146	100470

General Services Fund Group	100471

5EG0	898608		Energy Strategy Development		$	307,000		$	307,000		100472
TOTAL GSF General Services Fund					$	307,000		$	307,000		100473

Agency Fund Group	100474

4Z90	898602	Small Business Ombudsman	$	294,290	$	294,290	100475
5700	898601	Operating Expenses	$	264,000	$	264,000	100476
5A00	898603	Small Business Assistance	$	71,087	$	71,087	100477
TOTAL AGY Agency Fund Group			$	629,377	$	629,377	100478

Coal Research/Development Fund	100479

7046	898604	Coal Research and Development Fund	$	66,000,000	$	10,000,000	100480
TOTAL 046 Coal Research and Development Fund			$	66,000,000	$	10,000,000	100481
TOTAL ALL BUDGET FUND GROUPS			$	77,328,923	$	22,307,523	100482

COAL DEVELOPMENT OFFICE

100483

The foregoing appropriation item 898402, Coal Development	100484
Office, shall be used for the administrative costs of the Coal	100485
Development Office.	100486

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

100487

The foregoing appropriation item GRF 898901, Coal Research	100488
and Development General Obligation Debt Service, shall be used to	100489
pay all debt service and related financing costs at the times	100490
they are required to be made during the period from July 1, 2009,	100491
to June 30, 2011, for obligations issued under sections 151.01	100492
and 151.07 of the Revised Code.	100493

Section 213.20. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND

100494

On July 1 of each fiscal year, or as soon as possible	100495
thereafter, the Director of Budget and Management may transfer	100496
cash from the funds specified below, in the amount specified	100497
below, to the Energy Strategy Development Fund (Fund 5EG0), which	100498
is used by the Air Quality Development Authority. Fund 5EG0 may	100499
accept contributions and transfers made to the fund. The moneys	100500
in Fund 5EG0 shall be used to develop energy initiatives,	100501
projects, and policy.	100502

Fund	User		FY 2010		FY 2011	100503
Office Services Fund (Fund 1170)	Department of Administrative Services	$	35,000	$	35,000	100504
Central Support Indirect Cost Fund (Fund 5GH0)	Department of Agriculture	$	35,000	$	35,000	100505
Support Services Fund (Fund 1350)	Department of Development	$	35,000	$	35,000	100506
Central Support Indirect Cost Fund (Fund 2190)	Environmental Protection Agency	$	35,000	$	35,000	100507
Central Support Indirect Chargeback Fund (Fund 1570)	Department of Natural Resources	$	35,000	$	35,000	100508
Highway Operating Fund (Fund 7002)	Department of Transportation	$	50,000	$	50,000	100509

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	100510
AUTHORITY TRUST ACCOUNT	100511

Notwithstanding any other provision of law to the contrary,	100512
the Air Quality Development Authority may reimburse the Air	100513
Quality Development Authority trust account established under	100514
section 3706.10 of the Revised Code from all operating funds of	100515
the agency for expenses pertaining to the administration and	100516
shared costs incurred by the Air Quality Development Authority in	100517
the execution of responsibilities as prescribed in Chapter 3706.	100518
of the Revised Code. Reimbursement shall be made by voucher and	100519
completed in accordance with the administrative indirect costs	100520
allocation plan approved by the Office of Budget and Management.	100521

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	100522
SERVICES	100523

General Revenue Fund	100524

GRF	038401	Treatment Services	$	37,241,513	$	35,497,058	100525
GRF	038404	Prevention Services	$	1,241,702	$	1,241,702	100526
GRF	038626	Local Alcohol and Other Drug Subsidy - Federal Stimulus	$	0	$	2,954,598	100527
TOTAL GRF General Revenue Fund			$	38,483,215	$	39,693,358	100528

General Services Fund	100529

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		100530
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		100531

Federal Special Revenue Fund Group	100532

3G30	038603	Drug Free Schools	$	2,260,000	$	2,260,000	100533
3G40	038614	Substance Abuse Block Grant	$	71,500,000	$	71,500,000	100534
3H80	038609	Demonstration Grants	$	7,093,075	$	7,093,075	100535
3J80	038610	Medicaid	$	62,772,342	$	60,817,910	100536
3N80	038611	Administrative Reimbursement	$	500,000	$	500,000	100537
TOTAL FED Federal Special Revenue							100538
Fund Group			$	144,125,417	$	142,170,985	100539

State Special Revenue Fund Group	100540

4750	038621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	100541
5DH0	038620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	100542
6890	038604	Education and Conferences	$	350,000	$	350,000	100543
TOTAL SSR State Special Revenue							100544
Fund Group			$	18,677,500	$	18,677,500	100545
TOTAL ALL BUDGET FUND GROUPS			$	201,621,132	$	200,876,843	100546

Section 215.20. TREATMENT SERVICES

100548

Of the foregoing appropriation item 038401, Treatment	100549
Services, $115,919 in fiscal year 2010 and $139,464 in fiscal year	100550
2011 shall be provided to alcohol, drug addiction, and mental	100551
health services boards and alcohol and drug addiction services	100552
boards to pay the nonfederal share of the one-half of one per cent	100553
increase in the Medicaid reimbursement rate ceilings for	100554
Medicaid-covered alcohol and drug addiction treatment services	100555
provided for under the section of this act titled "INCREASE IN	100556
MEDICAID RATES FOR COMMUNITY BEHAVIORAL HEALTH SERVICES."	100557

Section 217.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

100558

General Services Fund Group	100559

4K90	891609	Operating Expenses	$	522,055	$	550,718	100560
TOTAL GSF General Services Fund							100561
Group			$	522,055	$	550,718	100562
TOTAL ALL BUDGET FUND GROUPS			$	522,055	$	550,718	100563

Section 219.10. ART OHIO ARTS COUNCIL

100565

General Revenue Fund	100566

GRF	370321	Operating Expenses	$	2,072,545	$	2,072,545	100567
GRF	370502	State Program Subsidies	$	9,097,868	$	8,847,869	100568
TOTAL GRF General Revenue Fund			$	11,170,413	$	10,920,414	100569

General Services Fund Group	100570

4600	370602	Management Expenses and Donations	$	285,000	$	285,000	100571
4B70	370603	Percent for Art Acquisitions	$	500,000	$	500,000	100572
TOTAL GSF General Services Fund Group			$	785,000	$	785,000	100573

Federal Special Revenue Fund Group	100574

3140	370601	Federal Support	$	1,000,000	$	1,000,000	100575
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	100576
TOTAL ALL BUDGET FUND GROUPS			$	12,955,413	$	12,705,414	100577

PROGRAM SUBSIDIES

100578

A museum is not eligible to receive funds from appropriation	100579
item 370502, State Program Subsidies, if $8,000,000 or more in	100580
capital appropriations were appropriated by the state for the	100581
museum between January 1, 1986, and December 31, 2002.	100582

Section 221.10. ATH ATHLETIC COMMISSION

100583

General Services Fund Group	100584

4K90	175609	Operating Expenses	$	255,850	$	255,850	100585
TOTAL GSF General Services Fund Group			$	255,850	$	255,850	100586
TOTAL ALL BUDGET FUND GROUPS			$	255,850	$	255,850	100587

Section 223.10. AGO ATTORNEY GENERAL

100589

General Revenue Fund	100590

GRF	055321	Operating Expenses	$	46,499,699	$	46,499,699	100591
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	100592
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	100593
TOTAL GRF General Revenue Fund			$	48,089,119	$	48,089,119	100594

General Services Fund Group	100595

1060	055612	General Reimbursement	$	38,750,000	$	38,750,000	100596
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	100597
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	100598
4200	055603	Attorney General Antitrust	$	1,750,000	$	1,750,000	100599
4210	055617	Police Officers' Training Academy Fee	$	2,000,000	$	2,000,000	100600
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	100601
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	100602
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	100603
5L50	055619	Law Enforcement Assistance Program	$	1,457,852	$	0	100604
6290	055636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	100605
6310	055637	Consumer Protection Enforcement	$	3,500,000	$	3,500,000	100606
TOTAL GSF General Services Fund							100607
Group			$	64,280,226	$	62,822,374	100608

Federal Special Revenue Fund Group	100609

3060	055620	Medicaid Fraud Control	$	3,879,672	$	3,879,672	100610
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	100611
3830	055634	Crime Victims Assistance	$	16,000,000	$	16,000,000	100612
3E50	055638	Attorney General Pass-Through Funds	$	3,030,000	$	3,030,000	100613
3R60	055613	Attorney General Federal Funds	$	5,115,000	$	5,115,000	100614
TOTAL FED Federal Special Revenue							100615
Fund Group			$	28,427,212	$	28,427,212	100616

State Special Revenue Fund Group	100617

4020	055616	Victims of Crime	$	29,000,000	$	28,000,000	100618
4190	055623	Claims Section	$	36,875,000	$	36,875,000	100619
4L60	055606	DARE Programs	$	3,927,962	$	3,927,962	100620
4Y70	055608	Title Defect Rescission	$	600,000	$	600,000	100621
6590	055641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	100622
TOTAL SSR State Special Revenue							100623
Fund Group			$	71,024,121	$	70,024,121	100624

Holding Account Redistribution Fund Group	100625

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	100626
R005	055632	Antitrust Settlements	$	1,000	$	1,000	100627
R018	055630	Consumer Frauds	$	750,000	$	750,000	100628
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	100629
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	100630
TOTAL 090 Holding Account							100631
Redistribution Fund Group			$	6,276,025	$	6,276,025	100632

Tobacco Master Settlement Agreement Fund Group	100633

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	1,987,073	$	0	100634
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,478,850	$	2,478,850	100635
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,465,923	$	2,478,850	100636
TOTAL ALL BUDGET FUND GROUPS			$	222,562,626	$	218,117,701	100637

COUNTY SHERIFFS' PAY SUPPLEMENT

100638

The foregoing appropriation item 055411, County Sheriffs'	100639
Pay Supplement, shall be used for the purpose of supplementing the	100640
annual compensation of county sheriffs as required by section	100641
325.06 of the Revised Code.	100642

At the request of the Attorney General, the Director of	100643
Budget and Management may transfer appropriation from	100644
appropriation item 055321, Operating Expenses, to appropriation	100645
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	100646
transferred shall be used to supplement the annual compensation	100647
of county sheriffs as required by section 325.06 of the Revised	100648
Code.	100649

COUNTY PROSECUTORS' PAY SUPPLEMENT

100650

The foregoing appropriation item 055415, County Prosecutors'	100651
Pay Supplement, shall be used for the purpose of supplementing the	100652
annual compensation of certain county prosecutors as required by	100653
section 325.111 of the Revised Code.	100654

At the request of the Attorney General, the Director of	100655
Budget and Management may transfer appropriation from	100656
appropriation item 055321, Operating Expenses, to appropriation	100657
item 055415, County Prosecutors' Pay Supplement. Any	100658
appropriation so transferred shall be used to supplement the	100659
annual compensation of county prosecutors as required by section	100660
325.111 of the Revised Code.	100661

WORKERS' COMPENSATION SECTION

100662

The Workers' Compensation Fund (Fund 1950) is entitled to	100663
receive payments from the Bureau of Workers' Compensation and	100664
the Ohio Industrial Commission at the beginning of each quarter	100665
of each fiscal year to fund legal services to be provided to the	100666
Bureau of Workers' Compensation and the Ohio Industrial	100667
Commission during the ensuing quarter. The advance payment shall	100668
be subject to adjustment.	100669

In addition, the Bureau of Workers' Compensation shall	100670
transfer payments at the beginning of each quarter for the support	100671
of the Workers' Compensation Fraud Unit.	100672

All amounts shall be mutually agreed upon by the Attorney	100673
General, the Bureau of Workers' Compensation, and the Ohio	100674
Industrial Commission.	100675

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

100676

The foregoing appropriation item 055636, Corrupt Activity	100677
Investigation and Prosecution, shall be used as provided by	100678
division (D)(2) of section 2923.35 of the Revised Code to dispose	100679
of the proceeds, fines, and penalties credited to the Corrupt	100680
Activity Investigation and Prosecution Fund, which is created in	100681
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	100682
is determined that additional amounts are necessary for this	100683
purpose, the amounts are hereby appropriated.	100684

GENERAL HOLDING ACCOUNT

100685

The foregoing appropriation item 055631, General Holding	100686
Account, shall be used to distribute moneys under the terms of	100687
relevant court orders or other settlements received in a variety	100688
of cases involving the Office of the Attorney General. If it is	100689
determined that additional amounts are necessary for this purpose,	100690
the amounts are hereby appropriated.	100691

ATTORNEY GENERAL PASS-THROUGH FUNDS

100692

The foregoing appropriation item 055638, Attorney General	100693
Pass-Through Funds, shall be used to receive federal grant funds	100694
provided to the Attorney General by other state agencies,	100695
including, but not limited to, the Department of Youth Services	100696
and the Department of Public Safety.	100697

ANTITRUST SETTLEMENTS

100698

The foregoing appropriation item 055632, Antitrust	100699
Settlements, shall be used to distribute moneys under the terms	100700
of relevant court orders or other out of court settlements in	100701
antitrust cases or antitrust matters involving the Office of the	100702
Attorney General. If it is determined that additional amounts are	100703
necessary for this purpose, the amounts are hereby appropriated.	100704

CONSUMER FRAUDS

100705

The foregoing appropriation item 055630, Consumer Frauds,	100706
shall be used for distribution of moneys from court-ordered	100707
judgments against sellers in actions brought by the Office of	100708
Attorney General under sections 1334.08 and 4549.48 and division	100709
(B) of section 1345.07 of the Revised Code. These moneys shall be	100710
used to provide restitution to consumers victimized by the fraud	100711
that generated the court-ordered judgments. If it is determined	100712
that additional amounts are necessary for this purpose, the	100713
amounts are hereby appropriated.	100714

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

100715

The foregoing appropriation item 055601, Organized Crime	100716
Commission Distributions, shall be used by the Organized Crime	100717
Investigations Commission, as provided by section 177.011 of the	100718
Revised Code, to reimburse political subdivisions for the expenses	100719
the political subdivisions incur when their law enforcement	100720
officers participate in an organized crime task force. If it is	100721
determined that additional amounts are necessary for this purpose,	100722
the amounts are hereby appropriated.	100723

FUND ABOLISHMENTS

100724

Effective July 1, 2009, or as soon as possible thereafter,	100725
the Director of Budget and Management shall transfer the cash	100726
balance in the Asbestos Abatement Distribution Fund (Fund 6740) to	100727
the General Revenue Fund. Upon completion of the transfer, Fund	100728
6740 is abolished.	100729

Effective July 1, 2009, the Bingo License Refunds Fund (Fund	100730
R003) is abolished.	100731

Section 225.10. AUD AUDITOR OF STATE

100732

General Revenue Fund	100733

GRF	070321	Operating Expenses	$	30,029,775	$	30,029,775	100734
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	570,000	$	570,000	100735
TOTAL GRF General Revenue Fund			$	30,599,775	$	30,599,775	100736

Auditor of State Fund Group	100737

1090	070601	Public Audit Expense - Intra-State	$	11,000,000	$	11,000,000	100738
4220	070602	Public Audit Expense - Local Government	$	30,828,000	$	31,053,000	100739
5840	070603	Training Program	$	181,250	$	181,250	100740
6750	070605	Uniform Accounting Network	$	3,317,336	$	3,317,336	100741
TOTAL AUD Auditor of State Fund							100742
Group			$	45,326,586	$	45,551,586	100743
TOTAL ALL BUDGET FUND GROUPS			$	75,926,361	$	76,151,361	100744

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

100745

The foregoing appropriation item 070403, Fiscal	100746
Watch/Emergency Technical Assistance, shall be used for expenses	100747
incurred by the Office of the Auditor of State in its role	100748
relating to fiscal watch or fiscal emergency activities under	100749
Chapters 118. and 3316. of the Revised Code. Expenses include,	100750
but are not limited to, the following: duties related to the	100751
determination or termination of fiscal watch or fiscal emergency	100752
of municipal corporations, counties, townships, or school	100753
districts; development of preliminary accounting reports;	100754
performance of annual forecasts; provision of performance audits;	100755
and supervisory, accounting, or auditing services for the	100756
municipal corporations, counties, townships, or school districts.	100757

An amount equal to the unexpended, unencumbered portion of	100758
appropriation item 070403, Fiscal Watch/Emergency Technical	100759
Assistance, at the end of fiscal year 2010 is hereby	100760
reappropriated for the same purpose in fiscal year 2011.	100761

Section 227.10. BRB BOARD OF BARBER EXAMINERS

100762

General Services Fund Group	100763

4K90	877609	Operating Expenses	$	628,264	$	628,264	100764
TOTAL GSF General Services Fund							100765
Group			$	628,264	$	628,264	100766
TOTAL ALL BUDGET FUND GROUPS			$	628,264	$	628,264	100767

ED JEFFERS BARBER MUSEUM

100768

Beginning October 1, 2009, or as soon as possible thereafter,	100769
the Director of Budget and Management and the Executive Director	100770
of the Barber Board shall develop a plan to distribute the amounts	100771
collected under division (C) of section 4709.12 of the Revised	100772
Code to the Ed Jeffers Barber Museum.	100773

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

100774

General Revenue Fund	100775

GRF	042321	Budget Development and Implementation	$	2,412,346	$	2,350,805	100776
GRF	042410	National Association Dues	$	30,448	$	31,361	100777
GRF	042412	Audit of Auditor of State	$	44,528	$	46,309	100778
GRF	042413	Payment Issuance	$	446,968	$	457,545	100779
GRF	042416	Medicaid Agency Transition	$	571,028	$	369,298	100780
GRF	042435	Gubernatorial Transition	$	0	$	250,000	100781
TOTAL GRF General Revenue Fund			$	3,505,318	$	3,505,318	100782

General Services Fund Group	100783

1050	042603	State Accounting and Budgeting	$	37,031,976	$	41,206,060	100784
5N40	042602	OAKS Project Implementation	$	2,100,000	$	2,100,000	100785
5Z80	042608	Executive Medicaid Administration	$	57,751	$	0	100786
TOTAL GSF General Services Fund Group			$	39,189,727	$	43,306,060	100787

Federal Special Revenue Fund Group	100788

3CM0	042606		Medicaid Transition - Federal		$	734,979		$	747,098		100789
TOTAL FED Federal Special Revenue Fund Group					$	734,979		$	747,098		100790

Agency Fund Group	100791

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	100792
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	100793
TOTAL ALL BUDGET FUND GROUPS			$	43,480,024	$	47,608,476	100794

AUDIT COSTS

100795

Of the foregoing appropriation item 042603, State Accounting	100796
and Budgeting, not more than $456,000 in fiscal year 2010 and not	100797
more than $467,000 in fiscal year 2011 shall be used to pay for	100798
centralized audit costs associated with either Single Audit	100799
Schedules or financial statements prepared in conformance with	100800
generally accepted accounting principles for the state.	100801

SHARED SERVICES CENTER

100802

The Director of Budget and Management shall use the OAKS	100803
Project Implementation Fund (Fund 5N40) and the Accounting and	100804
Budgeting Fund (Fund 1050) to implement a Shared Services Center	100805
within the Office of Budget and Management for the purpose of	100806
consolidating statewide finance functions and common transactional	100807
processes. The Director of Budget and Management shall transfer	100808
the unobligated cash balance remaining in Fund 5N40 to the General	100809
Revenue Fund before the end of fiscal year 2011.	100810

Effective July 1, 2009, the Director of Budget and Management	100811
shall include the recovery of costs to operate the Shared Services	100812
Center in the accounting and budgeting services payroll rate and	100813
through a direct charge using intrastate transfer vouchers to	100814
agencies for services rendered. The Director of Budget and	100815
Management shall determine the cost recovery methodology. Such	100816
cost recovery revenues shall be deposited to the credit of Fund	100817
1050.	100818

Effective July 1, 2009, the Director of Budget and Management	100819
may enter into any contract or agreement necessary to carry out	100820
the director's duties set forth in this section or in division (C)	100821
of section 126.21 of the Revised Code.	100822

INTERNAL CONTROL AND AUDIT OVERSIGHT

100823

Effective July 1, 2009, the Director of Budget and Management	100824
shall include the recovery of costs to operate the Internal	100825
Control and Audit Oversight Program in the accounting and	100826
budgeting services payroll rate and through a direct charge using	100827
intrastate transfer vouchers to agencies reviewed by the program.	100828
The Director of Budget and Management, with advice from the	100829
Internal Audit Advisory Council, shall determine the cost recovery	100830
methodology. Such cost recovery revenues shall be deposited to the	100831
credit of the Accounting and Budgeting Fund (Fund 1050).	100832

FORGERY RECOVERY

100833

The foregoing appropriation item 042604, Forgery Recovery,	100834
shall be used to reissue warrants that have been certified as	100835
forgeries by the rightful recipient as determined by the Bureau of	100836
Criminal Identification and Investigation and the Treasurer of	100837
State. Upon receipt of funds to cover the reissuance of the	100838
warrant, the Director of Budget and Management shall reissue a	100839
state warrant of the same amount.	100840

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

100841

General Revenue Fund	100842

GRF	874100	Personal Services	$	1,873,368	$	1,873,368	100843
GRF	874320	Maintenance and Equipment	$	752,591	$	752,590	100844
TOTAL GRF General Revenue Fund			$	2,625,959	$	2,625,958	100845

General Services Fund Group	100846

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	100847
4S70	874602	Statehouse Gift Shop/Events	$	799,995	$	794,651	100848
TOTAL GSF General Services							100849
Fund Group			$	814,995	$	809,651	100850

Underground Parking Garage	100851

2080	874601	Underground Parking Garage Operations	$	2,923,224	$	2,979,615	100852
TOTAL UPG Underground Parking							100853
Garage			$	2,923,224	$	2,979,615	100854
TOTAL ALL BUDGET FUND GROUPS			$	6,364,178	$	6,415,224	100855

WAREHOUSE PAYMENTS

100856

Of the foregoing appropriation item 874601, Underground	100857
Parking Garage Operations, $48,000 in each fiscal year shall be	100858
used to meet all payments at the times they are required to be	100859
made during the period from July 1, 2009, to June 30, 2011, to	100860
the Ohio Building Authority for bond service charges relating	100861
to the purchase and improvement of a warehouse acquired	100862
pursuant to section 105.41 of the Revised Code, in which to store	100863
items of the Capitol Collection Trust and, whenever necessary,	100864
equipment or other property of the Board.	100865

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	100866
SCHOOLS	100867

General Services Fund Group	100868

4K90	233601	Operating Expenses	$	572,700	$	572,700	100869
TOTAL GSF General Services Fund Group			$	572,700	$	572,700	100870
TOTAL ALL BUDGET FUND GROUPS			$	572,700	$	572,700	100871

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

100873

General Services Fund Group	100874

4K90	930609	Operating Expenses	$	551,146	$	551,146	100875
TOTAL GSF General Services Fund Group			$	551,146	$	551,146	100876
TOTAL ALL BUDGET FUND GROUPS			$	551,146	$	551,146	100877

Section 237.10. CHR STATE CHIROPRACTIC BOARD

100879

General Services Fund Group	100880

4K90	878609	Operating Expenses	$	621,621	$	621,621	100881
TOTAL GSF General Services Fund Group			$	621,621	$	621,621	100882
TOTAL ALL BUDGET FUND GROUPS			$	621,621	$	621,621	100883

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

100885

General Revenue Fund	100886

GRF	876321		Operating Expenses		$	6,391,317		$	6,391,317		100887
TOTAL GRF General Revenue Fund					$	6,391,317		$	6,391,317		100888

General Services Fund Group	100889

2170	876604	Operations Support	$	8,000	$	8,000	100890
TOTAL GSF General Services							100891
Fund Group			$	8,000	$	8,000	100892

Federal Special Revenue Fund Group	100893

3340	876601	Federal Programs	$	3,876,500	$	3,281,500	100894
TOTAL FED Federal Special Revenue							100895
Fund Group			$	3,876,500	$	3,281,500	100896

TOTAL ALL BUDGET FUND GROUPS

10,275,817

9,680,817

100897

Section 241.10. COM DEPARTMENT OF COMMERCE

100899

General Revenue Fund	100900

GRF	800410		Labor and Worker Safety		$	2,132,396		$	2,132,396		100901
Total GRF General Revenue Fund					$	2,132,396		$	2,132,396		100902

General Services Fund Group	100903

1630	800620	Division of Administration	$	7,270,049	$	7,411,286	100904
1630	800637	Information Technology	$	6,219,734	$	6,137,122	100905
5430	800602	Unclaimed Funds-Operating	$	9,948,085	$	9,948,085	100906
5430	800625	Unclaimed Funds-Claims	$	75,000,000	$	75,000,000	100907
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	100908
TOTAL GSF General Services Fund							100909
Group			$	98,737,868	$	98,796,493	100910

Federal Special Revenue Fund Group	100911

3480	800622	Underground Storage Tanks	$	586,128	$	585,782	100912
3480	800624	Leaking Underground Storage Tanks	$	1,477,606	$	1,489,717	100913
TOTAL FED Federal Special Revenue							100914
Fund Group			$	2,063,734	$	2,075,499	100915

State Special Revenue Fund Group	100916

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	100917
4H90	800608	Cemeteries	$	273,465	$	273,465	100918
4X20	800619	Financial Institutions	$	2,233,031	$	2,221,395	100919
5440	800612	Banks	$	6,703,253	$	6,753,254	100920
5450	800613	Savings Institutions	$	2,286,615	$	2,307,019	100921
5460	800610	Fire Marshal	$	15,118,673	$	15,191,721	100922
5460	800639	Fire Department Grants	$	1,695,198	$	1,698,802	100923
5470	800603	Real Estate Education/Research	$	250,000	$	250,000	100924
5480	800611	Real Estate Recovery	$	50,000	$	50,000	100925
5490	800614	Real Estate	$	3,456,405	$	3,451,694	100926
5500	800617	Securities	$	4,761,545	$	4,411,545	100927
5520	800604	Credit Union	$	3,627,390	$	3,627,390	100928
5530	800607	Consumer Finance	$	5,367,260	$	5,148,702	100929
5560	800615	Industrial Compliance	$	25,753,662	$	26,713,417	100930
5GK0	800609	Securities Investor Education/Enforcement	$	200,000	$	200,000	100931
5K70	800621	Penalty Enforcement	$	150,000	$	150,000	100932
5X60	800623	Video Service	$	34,476	$	34,476	100933
6530	800629	UST Registration/Permit Fee	$	1,433,189	$	1,431,831	100934
6A40	800630	Real Estate Appraiser-Operating	$	664,006	$	664,006	100935
TOTAL SSR State Special Revenue							100936
Fund Group			$	74,093,168	$	74,613,717	100937

Liquor Control Fund Group	100938

7043	800601	Merchandising	$	472,492,696	$	488,434,277	100939
7043	800627	Liquor Control Operating	$	13,776,430	$	14,313,346	100940
7043	800633	Development Assistance Debt Service	$	40,565,100	$	52,412,800	100941
7043	800636	Revitalization Debt Service	$	15,632,800	$	20,359,000	100942
TOTAL LCF Liquor Control							100943
Fund Group			$	542,467,026	$	575,519,423	100944

Volunteer Firefighters' Dependents Fund Group	100945

7085	800985		Volunteer Firefighters' Dependents Fund		$	300,000		$	300,000		100946
TOTAL 085 Volunteer Firefighters' Dependents Fund Group					$	300,000		$	300,000		100947

Revenue Distribution Fund Group	100948

7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	100949
TOTAL RDF Revenue Distribution Fund Group			$	14,100,000	$	14,100,000	100950
TOTAL ALL BUDGET FUND GROUPS			$	733,894,192	$	767,537,528	100951

SMALL GOVERNMENT FIRE DEPARTMENTS

100952

Notwithstanding section 3737.17 of the Revised Code, the	100953
foregoing appropriation item 800635, Small Government Fire	100954
Departments, may be used to provide loans to private fire	100955
departments.	100956

UNCLAIMED FUNDS PAYMENTS

100957

The foregoing appropriation item 800625, Unclaimed	100958
Funds-Claims, shall be used to pay claims under section 169.08 of	100959
the Revised Code. If it is determined that additional amounts are	100960
necessary, the amounts are appropriated.	100961

UNCLAIMED FUNDS TRANSFERS

100962

Notwithstanding division (A) of section 169.05 of the Revised	100963
Code, on or after December 1, 2009, the Director of Budget and	100964
Management shall request the Director of Commerce to transfer to	100965
the General Revenue Fund up to $250,000,000 of unclaimed funds	100966
that have been reported by holders of unclaimed funds under	100967
section 169.05 of the Revised Code, irrespective of the allocation	100968
of the unclaimed funds under that section. After such request has	100969
been made, the Director of Commerce shall transfer the funds prior	100970
to June 30, 2010.	100971

Notwithstanding division (A) of section 169.05 of the Revised	100972
Code, on or after December 1, 2010, the Director of Budget and	100973
Management shall request the Director of Commerce to transfer to	100974
the General Revenue Fund up to $135,000,000 of unclaimed funds	100975
that have been reported by holders of unclaimed funds under	100976
section 169.05 of the Revised Code, irrespective of the allocation	100977
of the unclaimed funds under that section. After such request has	100978
been made, the Director of Commerce shall transfer the funds prior	100979
to June 30, 2011.	100980

FIRE DEPARTMENT GRANTS

100981

Of the foregoing appropriation item 800639, Fire Department	100982
Grants, up to $760,000 in each fiscal year shall be used to make	100983
annual grants to volunteer fire departments of up to $10,000, or	100984
up to $25,000 if the volunteer fire department provides service	100985
for an area affected by a natural disaster. The grant program	100986
shall be administered by the Fire Marshal. The Fire Marshal shall	100987
adopt rules as are necessary for the administration and operation	100988
of the grant program.	100989

Of the foregoing appropriation item 800639, Fire Department	100990
Grants, up to $887,140 in each fiscal year shall be used as full	100991
or partial reimbursement to local units of government and fire	100992
departments for the cost of firefighter training and equipment or	100993
gear. Under rules that the department shall adopt, a local unit of	100994
government or fire department may apply to the department for a	100995
grant to cover all documented costs that are incurred to provide	100996
firefighter training and equipment or gear. The department shall	100997
make grants within the limits of the funding provided, with	100998
priority given to fire departments that serve small villages and	100999
townships.	101000

DIVISION OF SECURITIES TECHNOLOGY UPGRADES

101001

Of the foregoing appropriation item 800617, Securities, such	101002
sums as are necessary shall be used over the biennium to support	101003
the development and implementation of information technology	101004
solutions designed to enable the Division of Securities to better	101005
protect the interests of investors and the public. Implementation	101006
of these solutions shall, among other things, enhance the	101007
Division's ability to monitor complaints about and actions against	101008
persons engaged in any practice prohibited by Chapter 1707. of the	101009
Revised Code or defined as fraudulent in that chapter or any other	101010
deceptive scheme or practice in connection with the sale of	101011
securities. The Director of Commerce may seek assistance from the	101012
Department of Administrative Services in relation to the	101013
development and implementation of the solutions.	101014

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	101015
EDUCATION AND ENFORCEMENT EXPENSE FUND	101016

The Director of Budget and Management, upon the request of	101017
the Director of Commerce, shall transfer up to $200,000 in cash in	101018
each fiscal year from the Division of Securities Fund (Fund 5500)	101019
to the Division of Securities Investor Education and Enforcement	101020
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	101021
Code.	101022

CASH TRANSFERS TO THE REAL ESTATE OPERATING FUND

101023

The Director of Budget and Management, upon request of the	101024
Director of Commerce, shall transfer $1,300,000 in cash over the	101025
FY 2010-FY 2011 biennium from the Real Estate Education and	101026
Research Fund (Fund 5470) to the Real Estate Operating Fund (Fund	101027
5490).	101028

The Director of Budget and Management, upon request of the	101029
Director of Commerce, shall transfer $600,000 in cash over the FY	101030
2010-FY 2011 biennium from the Real Estate Recovery Fund (Fund	101031
5480) to the Real Estate Operating Fund (Fund 5490).	101032

INCREASED APPROPRIATION - MERCHANDISING

101033

The foregoing appropriation item 800601, Merchandising,	101034
shall be used under section 4301.12 of the Revised Code. If it is	101035
determined that additional expenditures are necessary, the amounts	101036
are appropriated.	101037

DEVELOPMENT ASSISTANCE DEBT SERVICE

101038

The foregoing appropriation item 800633, Development	101039
Assistance Debt Service, shall be used to pay debt service and	101040
related financing costs at the times they are required to be made	101041
during the period from July 1, 2009, to June 30, 2011, for bond	101042
service charges on obligations issued under Chapter 166. of the	101043
Revised Code. If it is determined that additional appropriations	101044
are necessary for this purpose, such amounts are appropriated,	101045
subject to the limitations set forth in section 166.11 of the	101046
Revised Code. An appropriation for this purpose is not required,	101047
but is made in this form and in this act for record purposes	101048
only.	101049

REVITALIZATION DEBT SERVICE

101050

The foregoing appropriation item 800636, Revitalization Debt	101051
Service, shall be used to pay debt service and related financing	101052
costs under sections 151.01 and 151.40 of the Revised Code during	101053
the period from July 1, 2009, to June 30, 2011. If it is	101054
determined that additional appropriations are necessary for this	101055
purpose, such amounts are hereby appropriated. The General	101056
Assembly acknowledges the priority of the pledge of a portion of	101057
receipts from that source to obligations issued and to be issued	101058
under Chapter 166. of the Revised Code.	101059

ADMINISTRATIVE ASSESSMENTS

101060

Notwithstanding any other provision of law to the contrary,	101061
the Division of Administration Fund (Fund 1630) is entitled to	101062
receive assessments from all operating funds of the Department in	101063
accordance with procedures prescribed by the Director of Commerce	101064
and approved by the Director of Budget and Management.	101065

Section 241.20. ABOLISHMENT OF THE DIVISION OF LABOR AND	101066
WORKER SAFETY AND THE DIVISION OF INDUSTRIAL COMPLIANCE IN THE	101067
DEPARTMENT OF COMMERCE	101068

The Division of Labor and Worker Safety in the Department of	101069
Commerce and the Division of Industrial Compliance in the	101070
Department of Commerce are hereby abolished on the effective date	101071
of section 121.04 of the Revised Code, as amended by this act.	101072
The Division of Labor shall supersede the Division of Labor and	101073
Worker Safety and Division of Industrial Compliance, and the	101074
Superintendent of Labor shall supersede the Superintendent of	101075
Labor and Worker Safety and the Superintendent of Industrial	101076
Compliance. The Superintendent of Labor or Division of Labor, as	101077
applicable, shall succeed to and have and perform all the duties,	101078
powers, and obligations pertaining to the duties, powers, and	101079
obligations of the Superintendent and Division of Labor and Worker	101080
Safety and the Superintendent and Division of Industrial	101081
Compliance. For the purpose of the institution, conduct, and	101082
completion of matters relating to its succession, the	101083
Superintendent of Labor or the Division of Labor, as applicable,	101084
is deemed to be the continuation of and successor under law to the	101085
Superintendent and Division of Labor and Worker Safety or the	101086
Superintendent and Division of Industrial Compliance, as	101087
applicable. All rules, actions, determinations, commitments,	101088
resolutions, decisions, and agreements pertaining to those duties,	101089
powers, obligations, functions, and rights in force or in effect	101090
on the effective date of section 121.04 of the Revised Code, as	101091
amended by this act, shall continue in force and effect subject to	101092
any further lawful action thereon by the Superintendent or	101093
Division of Labor. Wherever the Superintendent of Labor and Worker	101094
Safety, Division of Labor and Worker Safety, Superintendent of	101095
Industrial Compliance, or Division of Industrial Compliance are	101096
referred to in any provision of law, or in any agreement or	101097
document that pertains to those duties, powers, obligations,	101098
functions, and rights, the reference is to the Superintendent of	101099
Labor or Division of Labor, as appropriate.	101100

All authorized obligations and supplements thereto of the	101101
Superintendent and Division of Labor and Worker Safety and the	101102
Superintendent and Division of Industrial Compliance pertaining to	101103
the duties, powers, and obligations transferred are binding on the	101104
Superintendent or Division of Labor, as applicable, and nothing in	101105
this act impairs the obligations or rights thereunder or under any	101106
contract. The abolition of the Division of Labor and Worker Safety	101107
and the Division of Industrial Compliance and the transfer of the	101108
duties, powers, and obligations of the Superintendent and Division	101109
of Labor and Worker Safety and the Superintendent and Division of	101110
Industrial Compliance do not affect the validity of agreements or	101111
obligations made by those superintendents or divisions pursuant to	101112
Chapters 121., 3703., 3781., 3791., 4104., 4105., and 4740. of the	101113
Revised Code or any other provisions of law.	101114

In connection with the transfer of duties, powers,	101115
obligations, functions, and rights and abolition of the Division	101116
of Labor and Worker Safety and the Division of Industrial	101117
Compliance, all real property and interest therein, documents,	101118
books, money, papers, records, machinery, furnishings, office	101119
equipment, furniture, and all other property over which the	101120
Superintendent and Division of Labor and Worker Safety or the	101121
Superintendent and Division of Industrial Compliance has control	101122
pertaining to the duties, powers, and obligations transferred and	101123
the rights of the Superintendent and Division of Labor and Worker	101124
Safety and the Superintendent and Division of Industrial	101125
Compliance to enforce or receive any of the aforesaid is	101126
automatically transferred to the Superintendent and Division of	101127
Labor without necessity for further action on the part of the	101128
Superintendent, Division of Labor, or the Director of Commerce.	101129
Additionally, all appropriations or reappropriations made to the	101130
Superintendent and Division of Labor and Worker Safety and the	101131
Superintendent and Division of Industrial Compliance for the	101132
purposes of the performance of their duties, powers, and	101133
obligations, are transferred to the Superintendent and Division of	101134
Labor to the extent of the remaining unexpended or unencumbered	101135
balance thereof, whether allocated or unallocated, and whether	101136
obligated or unobligated.	101137

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

101138

General Services Fund Group	101139

5F50	053601	Operating Expenses	$	9,543,196	$	9,377,610	101140
TOTAL GSF General Services Fund Group			$	9,543,196	$	9,377,610	101141
TOTAL ALL BUDGET FUND GROUPS			$	9,543,196	$	9,377,610	101142

Section 245.10. CEB CONTROLLING BOARD

101144

General Revenue Fund	101145

GRF	911401	Emergency Purposes/Contingencies	$	4,000,000	$	4,000,000	101146
GRF	911404	Mandate Assistance	$	545,417	$	545,417	101147
GRF	911441	Ballot Advertising Costs	$	487,600	$	487,600	101148
TOTAL GRF General Revenue Fund			$	5,033,017	$	5,033,017	101149
TOTAL ALL BUDGET FUND GROUPS			$	5,033,017	$	5,033,017	101150

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	101151
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	101152

The Controlling Board may, at the request of any state	101153
agency or the Director of Budget and Management, transfer all or	101154
part of the appropriation in appropriation item 911401, Emergency	101155
Purposes/Contingencies, for the purpose of providing disaster and	101156
emergency situation aid to state agencies and political	101157
subdivisions in the event of disasters and emergency situations	101158
or for the other purposes noted in this section, including, but	101159
not limited to, costs related to the disturbance that occurred on	101160
April 11, 1993, at the Southern Ohio Correctional Facility in	101161
Lucasville, Ohio.	101162

FEDERAL SHARE

101163

In transferring appropriations to or from appropriation items	101164
that have federal shares identified in this act, the Controlling	101165
Board shall add or subtract corresponding amounts of federal	101166
matching funds at the percentages indicated by the state and	101167
federal division of the appropriations in this act. Such changes	101168
are hereby appropriated.	101169

DISASTER ASSISTANCE

101170

Pursuant to requests submitted by the Department of Public	101171
Safety, the Controlling Board may approve transfers from	101172
appropriation item 911401, Emergency Purposes/Contingencies, to	101173
appropriation items used by the Department of Public Safety to	101174
provide funding for assistance to political subdivisions and	101175
individuals made necessary by natural disasters or emergencies.	101176
Such transfers may be requested and approved prior to or	101177
following the occurrence of any specific natural disasters or	101178
emergencies in order to facilitate the provision of timely	101179
assistance.	101180

DISASTER SERVICES

101181

Pursuant to requests submitted by the Department of Public	101182
Safety, the Controlling Board may approve transfers from the	101183
Disaster Services Fund (5E20) to a fund and appropriation item	101184
used by the Department of Public Safety to provide for assistance	101185
to political subdivisions made necessary by natural disasters or	101186
emergencies. These transfers may be requested and approved prior	101187
to the occurrence of any specific natural disasters or	101188
emergencies in order to facilitate the provision of timely	101189
assistance. The Emergency Management Agency of the Department of	101190
Public Safety shall use the funding to fund the State Disaster	101191
Relief Program for disasters that have been declared by the	101192
Governor, and the State Individual Assistance Program for	101193
disasters that have been declared by the Governor and the federal	101194
Small Business Administration. The Ohio Emergency Management	101195
Agency shall publish and make available application packets	101196
outlining procedures for the State Disaster Relief Program and	101197
the State Individual Assistance Program.	101198

Fund 5E20 shall be used by the Controlling Board, pursuant	101199
to requests submitted by state agencies, to transfer cash and	101200
appropriations to any fund and appropriation item for the payment	101201
of state agency disaster relief program expenses for disasters	101202
declared by the Governor, if the Director of Budget and	101203
Management determines that sufficient funds exist.	101204

SOUTHERN OHIO CORRECTIONAL FACILITY COST

101205

The Division of Criminal Justice Services in the Department	101206
of Public Safety and the Public Defender Commission may each	101207
request, upon approval of the Director of Budget and Management,	101208
additional funds from appropriation item 911401, Emergency	101209
Purposes/Contingencies, for costs related to the disturbance that	101210
occurred on April 11, 1993, at the Southern Ohio Correctional	101211
Facility in Lucasville, Ohio.	101212

MANDATE ASSISTANCE

101213

(A) The foregoing appropriation item 911404, Mandate	101214
Assistance, shall be used to provide financial assistance to local	101215
units of government and school districts for the cost of the	101216
following two state mandates:	101217

(1) The cost to county prosecutors for prosecuting certain	101218
felonies that occur on the grounds of state institutions operated	101219
by the Department of Rehabilitation and Correction and the	101220
Department of Youth Services;	101221

(2) The cost to school districts of in-service training for	101222
child abuse detection.	101223

(B) The Division of Criminal Justice Services in the	101224
Department of Public Safety and the Department of Education may	101225
prepare and submit to the Controlling Board one or more requests	101226
to transfer appropriations from appropriation item 911404,	101227
Mandate Assistance. The state agencies charged with this	101228
administrative responsibility are listed below, as well as the	101229
estimated annual amounts that may be used for each program of	101230
state financial assistance.	101231

		ESTIMATED	101232
	ADMINISTERING	ANNUAL	101233
PROGRAM	AGENCY	AMOUNT	101234

Prosecution Costs	Division of Criminal	$125,446	101235
	Justice Services		101236
Child Abuse Detection Training Costs	Department of Education	$419,971	101237

(C) Subject to the total amount appropriated in each fiscal	101238
year for appropriation item 911404, Mandate Assistance, the	101239
Division of Criminal Justice Services and the Department of	101240
Education may request from the Controlling Board that amounts	101241
smaller or larger than these estimated annual amounts be	101242
transferred to each program.	101243

(D) In addition to making the initial transfers requested by	101244
the Division of Criminal Justice Services and the Department of	101245
Education, the Controlling Board may transfer appropriations	101246
received by a state agency under this section back to	101247
appropriation item 911404, Mandate Assistance, or to the other	101248
program of state financial assistance identified under this	101249
section.	101250

(E) It is expected that not all costs incurred by local units	101251
of government and school districts under each of the two programs	101252
of state financial assistance identified in this section will be	101253
fully reimbursed by the state. Reimbursement levels may vary by	101254
program and shall be based on: the relationship between the	101255
appropriation transfers requested by the Division of Criminal	101256
Justice Services and the Department of Education and provided by	101257
the Controlling Board for each of the programs; the rules and	101258
procedures established for each program by the administering state	101259
agency; and the actual costs incurred by local units of	101260
government and school districts.	101261

(F) Each of these programs of state financial assistance	101262
shall be carried out as follows:	101263

(1) PROSECUTION COSTS

101264

(a) Appropriations may be transferred to the Division of	101265
Criminal Justice Services to cover local prosecution costs for	101266
aggravated murder, murder, felonies of the first degree, and	101267
felonies of the second degree that occur on the grounds of	101268
institutions operated by the Department of Rehabilitation and	101269
Correction and the Department of Youth Services.	101270

(b) Upon a delinquency filing in juvenile court or the return	101271
of an indictment for aggravated murder, murder, or any felony of	101272
the first or second degree that was committed at a Department of	101273
Youth Services or a Department of Rehabilitation and Correction	101274
institution, the affected county may, in accordance with rules	101275
that the Division of Criminal Justice Services shall adopt, apply	101276
to the Division of Criminal Justice Services for a grant to cover	101277
all documented costs that are incurred by the county prosecutor's	101278
office.	101279

(c) Twice each year, the Division of Criminal Justice	101280
Services shall designate counties to receive grants from those	101281
counties that have submitted one or more applications in	101282
compliance with the rules that have been adopted by the Division	101283
of Criminal Justice Services for the receipt of such grants. In	101284
each year's first round of grant awards, if sufficient	101285
appropriations have been made, up to a total of $100,000 may be	101286
awarded. In each year's second round of grant awards, the	101287
remaining appropriations available for this purpose may be	101288
awarded.	101289

(d) If for a given round of grants there are insufficient	101290
appropriations to make grant awards to all the eligible counties,	101291
the first priority shall be given to counties with cases involving	101292
aggravated murder and murder; second priority shall be given to	101293
counties with cases involving a felony of the first degree; and	101294
third priority shall be given to counties with cases involving a	101295
felony of the second degree. Within these priorities, the grant	101296
awards shall be based on the order in which the applications were	101297
received, except that applications for cases involving a felony of	101298
the first or second degree shall not be considered in more than	101299
two consecutive rounds of grant awards.	101300

(2) CHILD ABUSE DETECTION TRAINING COSTS

101301

Appropriations may be transferred to the Department of	101302
Education for payment to local school districts as full or partial	101303
reimbursement for the cost of providing in-service training for	101304
child abuse detection. In accordance with rules that the	101305
Department shall adopt, a local school district may apply to the	101306
Department for a grant to cover all documented costs that are	101307
incurred to provide in-service training for child abuse detection.	101308
The department shall make grants within the limits of the funding	101309
provided.	101310

(G) Any moneys allocated within appropriation item 911404,	101311
Mandate Assistance, not fully utilized may, upon application of	101312
the Ohio Public Defender Commission, and with the approval of the	101313
Controlling Board, be paid to boards of county commissioners to	101314
provide additional reimbursement for the costs incurred by	101315
counties in providing defense to indigent defendants pursuant to	101316
Chapter 120. of the Revised Code. Application for the unutilized	101317
funds shall be made by the Ohio Public Defender Commission at the	101318
first June meeting of the Controlling Board.	101319

The amount to be paid to each county shall be allocated	101320
proportionately on the basis of the total amount of reimbursement	101321
paid to each county as a percentage of the amount of reimbursement	101322
paid to all of the counties during the most recent state fiscal	101323
year for which data is available and as calculated by the Ohio	101324
Public Defender Commission.	101325

BALLOT ADVERTISING COSTS

101326

Pursuant to section 3501.17 of the Revised Code, and upon	101327
requests submitted by the Secretary of State, the Controlling	101328
Board shall approve transfers from the foregoing appropriation	101329
item 911441, Ballot Advertising Costs, to appropriation item	101330
050621, Statewide Ballot Advertising, in order to pay for the	101331
cost of public notices associated with statewide ballot	101332
initiatives.	101333

Section 247.10. COS STATE BOARD OF COSMETOLOGY

101334

General Services Fund Group	101335

4K90	879609	Operating Expenses	$	3,533,679	$	3,533,679	101336
TOTAL GSF General Services Fund							101337
Group			$	3,533,679	$	3,533,679	101338
TOTAL ALL BUDGET FUND GROUPS			$	3,533,679	$	3,533,679	101339

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	101341
AND FAMILY THERAPIST BOARD	101342

General Services Fund Group	101343

4K90	899609	Operating Expenses	$	1,179,774	$	1,179,774	101344
TOTAL GSF General Services Fund							101345
Group			$	1,179,774	$	1,179,774	101346
TOTAL ALL BUDGET FUND GROUPS			$	1,179,774	$	1,179,774	101347

Section 251.10. CLA COURT OF CLAIMS

101349

General Revenue Fund	101350

GRF	015321		Operating Expenses		$	2,699,369		$	2,780,350		101351
TOTAL GRF General Revenue Fund					$	2,699,369		$	2,780,350		101352

State Special Revenue Fund Group	101353

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	101354
TOTAL SSR State Special Revenue							101355
Fund Group			$	1,582,684	$	1,582,684	101356
TOTAL ALL BUDGET FUND GROUPS			$	4,282,053	$	4,363,034	101357

Section 253.10. AFC OHIO CULTURAL FACILITIES COMMISSION

101359

General Revenue Fund	101360

GRF	371321	Operating Expenses	$	140,909	$	140,909	101361
GRF	371401	Lease Rental Payments	$	26,454,900	$	28,301,600	101362
TOTAL GRF General Revenue Fund			$	26,595,809	$	28,442,509	101363

State Special Revenue Fund Group	101364

4T80	371601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	101365
4T80	371603	Project Administration Services	$	1,302,866	$	1,302,866	101366
TOTAL SSR State Special Revenue Group			$	1,383,866	$	1,383,866	101367
TOTAL ALL BUDGET FUND GROUPS			$	27,979,675	$	29,826,375	101368

LEASE RENTAL PAYMENTS

101369

The foregoing appropriation item 371401, Lease Rental	101370
Payments, shall be used to meet all payments from the Ohio	101371
Cultural Facilities Commission to the Treasurer of State during	101372
the period from July 1, 2009, to June 30, 2011, under the primary	101373
leases and agreements for those arts and sports facilities made	101374
under Chapters 152. and 154. of the Revised Code. This	101375
appropriation is the source of funds pledged for bond service	101376
charges on related obligations issued under Chapters 152. and	101377
154. of the Revised Code.	101378

OPERATING EXPENSES

101379

The foregoing appropriation item 371321, Operating Expenses,	101380
shall be used by the Ohio Cultural Facilities Commission to carry	101381
out its responsibilities under this section and Chapter 3383. of	101382
the Revised Code.	101383

By the tenth day following each calendar quarter in each	101384
fiscal year, or as soon as possible thereafter, the Director of	101385
Budget and Management shall determine the amount of cash from	101386
interest earnings to be transferred from the Cultural and Sports	101387
Facilities Building Fund (Fund 7030) to the Cultural Facilities	101388
Commission Administration Fund (Fund 4T80).	101389

As soon as possible after each bond issuance made on behalf	101390
of the Cultural Facilities Commission, the Director of Budget and	101391
Management shall determine the amount of cash from any premium	101392
paid on each issuance that is available to be transferred after	101393
all issuance costs have been paid from the Cultural and Sports	101394
Facilities Building Fund (Fund 7030) to the Cultural Facilities	101395
Commission Administration Fund (Fund 4T80).	101396

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

101397

The Executive Director of the Cultural Facilities Commission	101398
shall certify to the Director of Budget and Management the amount	101399
of cash receipts and related investment income, irrevocable	101400
letters of credit from a bank, or certification of the	101401
availability of funds that have been received from a county or a	101402
municipal corporation for deposit into the Capital Donations Fund	101403
(Fund 5A10) and that are related to an anticipated project. These	101404
amounts are hereby appropriated to appropriation item C37146,	101405
Capital Donations. Prior to certifying these amounts to the	101406
Director, the Executive Director shall make a written agreement	101407
with the participating entity on the necessary cash flows required	101408
for the anticipated construction or equipment acquisition project.	101409

Section 255.10. DEN STATE DENTAL BOARD

101410

General Services Fund Group	101411

4K90	880609	Operating Expenses	$	1,528,749	$	1,528,749	101412
TOTAL GSF General Services Fund							101413
Group			$	1,528,749	$	1,528,749	101414
TOTAL ALL BUDGET FUND GROUPS			$	1,528,749	$	1,528,749	101415

Section 257.10. BDP BOARD OF DEPOSIT

101417

General Services Fund Group	101418

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	101419
TOTAL GSF General Services Fund							101420
Group			$	1,876,000	$	1,876,000	101421
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	101422

BOARD OF DEPOSIT EXPENSE FUND

101423

Upon receiving certification of expenses from the Treasurer	101424
of State, the Director of Budget and Management shall transfer	101425
cash from the Investment Earnings Redistribution Fund (Fund 6080)	101426
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	101427
shall be used pursuant to section 135.02 of the Revised Code to	101428
pay for any and all necessary expenses of the Board of Deposit or	101429
for banking charges and fees required for the operation of the	101430
State of Ohio Regular Account.	101431

Section 259.10. DEV DEPARTMENT OF DEVELOPMENT

101432

General Revenue Fund	101433

GRF	195401	Thomas Edison Program	$	15,946,751	$	15,946,751	101434
GRF	195404	Small Business Development	$	1,565,770	$	1,565,770	101435
GRF	195405	Minority Business Enterprise Division	$	1,238,528	$	1,238,528	101436
GRF	195407	Travel and Tourism	$	1,399,410	$	1,399,410	101437
GRF	195410	Defense Conversion Assistance	$	3,000,000	$	1,000,000	101438
GRF	195412	Rapid Outreach Grants	$	11,000,000	$	11,000,000	101439
GRF	195415	Strategic Business Investment Division and Regional Offices	$	5,882,129	$	5,882,129	101440
GRF	195416	Governor's Office of Appalachia	$	4,508,741	$	4,508,741	101441
GRF	195422	Technology Action	$	3,500,000	$	3,500,000	101442
GRF	195426	Clean Ohio Implementation	$	168,365	$	168,365	101443
GRF	195432	Global Markets	$	3,889,566	$	3,889,566	101444
GRF	195434	Industrial Training Grants	$	20,000,000	$	20,000,000	101445
GRF	195436	Labor/Management Cooperation	$	752,603	$	752,603	101446
GRF	195497	CDBG Operating Match	$	1,056,075	$	1,056,075	101447
GRF	195498	State Match Energy	$	246,820	$	246,820	101448
GRF	195501	Appalachian Local Development Districts	$	391,482	$	391,482	101449
GRF	195502	Appalachian Regional Commission Dues	$	221,924	$	221,924	101450
GRF	195507	Travel and Tourism Grants	$	2,055,000	$	2,055,000	101451
GRF	195520	Ohio Main Street Program	$	575,000	$	75,000	101452
GRF	195521	Discover Ohio!	$	6,800,903	$	6,800,903	101453
GRF	195522	Targeted Industry Training Grants	$	3,800,000	$	3,800,000	101454
GRF	195523	Workforce Retention & Attraction	$	500,000	$	500,000	101455
GRF	195524	EfficientGovNow Match	$	1,000,000	$	0	101456
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	20,948,300	$	29,011,600	101457
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	5,685,400	$	10,601,900	101458
TOTAL GRF General Revenue Fund			$	116,132,767	$	125,612,567	101459

General Services Fund Group	101460

1350	195684	Supportive Services	$	12,162,444	$	12,184,444	101461
4W10	195646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	101462
5AD0	195677	Economic Development Contingency	$	4,000,000	$	4,000,000	101463
5DU0	195689	Energy Projects	$	840,000	$	840,000	101464
5W50	195690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	101465
6850	195636	Direct Cost Recovery Expenditures	$	1,000,000	$	1,000,000	101466
TOTAL GSF General Services Fund							101467
Group			$	20,933,041	$	20,955,041	101468

Federal Special Revenue Fund Group	101469

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	101470
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	101471
3080	195605	Federal Projects	$	27,000,000	$	27,000,000	101472
3080	195609	Small Business Administration	$	5,011,381	$	5,011,381	101473
3080	195618	Energy Federal Grants	$	3,400,000	$	3,400,000	101474
3350	195610	Energy Conservation and Emerging Technology	$	1,800,000	$	1,100,000	101475
3AE0	195643	Workforce Development Initiatives	$	17,000,000	$	16,500,000	101476
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	101477
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	101478
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	101479
3L00	195612	Community Services Block Grant	$	25,235,000	$	25,235,000	101480
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	101481
TOTAL FED Federal Special Revenue							101482
Fund Group			$	328,664,989	$	327,464,989	101483

State Special Revenue Fund Group	101484

4440	195607	Water and Sewer Commission Loans	$	500,000	$	500,000	101485
4500	195624	Minority Business Bonding Program Administration	$	53,967	$	53,967	101486
4510	195625	Economic Development Financing Operating	$	3,433,311	$	3,433,311	101487
4F20	195639	State Special Projects	$	400,000	$	400,000	101488
4F20	195676	Marketing Initiatives	$	6,100,000	$	6,100,000	101489
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	101490
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	101491
5CG0	195679	Alternative Fuel Transportation	$	1,000,000	$	1,000,000	101492
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	101493
5M50	195660	Advanced Energy Programs	$	17,000,000	$	17,000,000	101494
5W60	195691	International Trade Cooperative Projects	$	25,000	$	0	101495
5X10	195651	Exempt Facility Inspection	$	8,000	$	0	101496
6110	195631	Water and Sewer Administration	$	10,000	$	10,000	101497
6170	195654	Volume Cap Administration	$	200,000	$	200,000	101498
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	101499
TOTAL SSR State Special Revenue							101500
Fund Group			$	327,881,078	$	327,848,078	101501

Facilities Establishment Fund Group	101502

4Z60	195647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	101503
5D20	195650	Urban Redevelopment Loans	$	5,000,000	$	5,000,000	101504
5S80	195627	Rural Development Initiative	$	3,000,000	$	3,000,000	101505
5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	101506
7008	195698	Logistics & Distribution Infrastructure	$	50,000,000	$	0	101507
7009	195664	Innovation Ohio	$	20,000,000	$	20,000,000	101508
7010	195665	Research and Development	$	35,000,000	$	35,000,000	101509
7037	195615	Facilities Establishment	$	65,000,000	$	65,000,000	101510
TOTAL 037 Facilities							101511
Establishment Fund Group			$	184,000,000	$	134,000,000	101512

Clean Ohio Revitalization Fund	101513

7003	195663		Clean Ohio Operating		$	964,200		$	953,300		101514
TOTAL 7003 Clean Ohio Revitalization Fund					$	964,200		$	953,300		101515

Third Frontier Research & Development Fund Group	101516

7011	195687	Third Frontier Research & Development Projects	$	55,000,000	$	55,000,000	101517
7014	195692	Research & Development Taxable Bond Projects	$	6,000,000	$	6,000,000	101518
TOTAL 011 Third Frontier Research & Development Fund Group			$	61,000,000	$	61,000,000	101519

Job Ready Site Development Fund Group	101520

7012	195688		Job Ready Site Operating		$	1,246,155		$	1,246,155		101521
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		101522

Tobacco Master Settlement Agreement Fund Group	101523

5Z30	195694	Jobs Fund Bioproducts	$	40,000,000	$	10,000,000	101524
5Z30	195695	Jobs Fund Biomedical	$	80,000,000	$	20,000,000	101525
M087	195435	Biomedical Research and Technology Transfer	$	1,257,363	$	1,259,563	101526
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	121,257,363	$	31,259,563	101527
TOTAL ALL BUDGET FUND GROUPS			$	1,162,079,593	$	1,030,339,693	101528

Section 259.10.10. THOMAS EDISON PROGRAM

101530

The foregoing appropriation item 195401, Thomas Edison	101531
Program, shall be used for the purposes of sections 122.28 to	101532
122.38 of the Revised Code. Of the foregoing appropriation item	101533
195401, Thomas Edison Program, not more than ten per cent in each	101534
fiscal year shall be used for operating expenditures in	101535
administering the programs of the Technology and Innovation	101536
Division.	101537

Notwithstanding any provision of law to the contrary, of the	101538
foregoing appropriation item 195401, Thomas Edison Program,	101539
$75,000 in each fiscal year shall be used for the City of	101540
Cleveland and $75,000 in each fiscal year shall be used for the	101541
City of Toledo to develop the Toledo-Cleveland Energy Corridor.	101542
These funds shall not be released unless the Department of	101543
Development first secures a commitment of matching funds from each	101544
recipient.	101545

Section 259.10.20. SMALL BUSINESS DEVELOPMENT

101546

The foregoing appropriation item 195404, Small Business	101547
Development, shall be used as matching funds for grants from the	101548
United States Small Business Administration and other federal	101549
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	101550
L. No. 98-395 (1984), and regulations and policy guidelines for	101551
the programs pursuant thereto. This appropriation item also may be	101552
used to provide grants to local organizations to support the	101553
operation of small business development centers and other local	101554
economic development activities that promote small business	101555
development and entrepreneurship.	101556

Section 259.10.25. DEFENSE CONVERSION ASSISTANCE

101557

The foregoing appropriation item 195410, Defense Conversion	101558
Assistance, shall be used by Development Projects, Inc., for the	101559
creation of new jobs to leverage and support mission gains at	101560
Wright-Patterson Air Force Base in defense intelligence, aerospace	101561
research, and related areas from successful base realignment and	101562
closure efforts.	101563

Section 259.10.30. RAPID OUTREACH GRANTS

101564

The foregoing appropriation item 195412, Rapid Outreach	101565
Grants, shall be used as an incentive for attracting, expanding,	101566
and retaining business opportunities for the state. Projects	101567
offering substantial opportunities for new, expanding, or retained	101568
business operations in Ohio, are eligible for grant funding. The	101569
projects must create or retain a significant number of jobs for	101570
Ohioans. An award of grant funds is reserved for only those	101571
instances in which Ohio's ability to attract, retain, or assist	101572
with an expansion of a project depends on an award of funds from	101573
appropriation item 195412, Rapid Outreach Grants.	101574

The department's primary goal shall be to award funds	101575
directly to business entities considering Ohio for their	101576
expansion or new site location opportunities. Rapid Outreach	101577
grants shall be used by recipients to purchase equipment, make	101578
infrastructure improvements, make real property improvements, or	101579
fund other fixed assets. To meet the particular needs of economic	101580
development in a region, the department may elect to award funds	101581
directly to a political subdivision to assist with making on- or	101582
off-site infrastructure improvements to water and sewage	101583
treatment facilities, electric or gas service connections, fiber	101584
optic access, rail facilities, site preparation, and parking	101585
facilities. The Director of Development may recommend that the	101586
funds be used for alternative purposes when considered	101587
appropriate to satisfy an economic development opportunity or	101588
need deemed extraordinary in nature by the Director.	101589

The foregoing appropriation item 195412, Rapid Outreach	101590
Grants, may be expended only after the submission of a request to	101591
the Controlling Board by the Department of Development outlining	101592
the planned use of the funds, and the subsequent approval of the	101593
request by the Controlling Board.	101594

The foregoing appropriation item 195412, Rapid Outreach	101595
Grants, may be used for, but is not limited to, construction,	101596
rehabilitation, and acquisition projects for rail freight	101597
assistance as requested by the Department of Transportation. The	101598
Director of Transportation shall submit the proposed projects to	101599
the Director of Development for an evaluation of potential	101600
economic benefit.	101601

Section 259.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	101602
REGIONAL OFFICES	101603

The foregoing appropriation item 195415, Strategic Business	101604
Investment Division and Regional Offices, shall be used for the	101605
operating expenses of the Strategic Business Investment Division	101606
and the regional economic development offices and for grants for	101607
cooperative economic development ventures.	101608

Section 259.10.50. GOVERNOR'S OFFICE OF APPALACHIA

101609

The foregoing appropriation item 195416, Governor's Office of	101610
Appalachia, may be used for the administrative costs of planning	101611
and liaison activities for the Governor's Office of Appalachia,	101612
to provide financial assistance to projects in Ohio's	101613
Appalachian counties, and to match federal funds from the	101614
Appalachian Regional Commission.	101615

Section 259.10.60. TECHNOLOGY ACTION

101616

The foregoing appropriation item 195422, Technology Action,	101617
shall be used for operating expenses the Department of	101618
Development incurs for administering sections 184.10 to 184.20 of	101619
the Revised Code. If the appropriation is insufficient to cover	101620
the operating expenses, the Department may request Controlling	101621
Board approval to appropriate the additional amount needed in	101622
appropriation item 195686, Third Frontier Operating. The	101623
Department shall not request an amount in excess of the amount	101624
needed.	101625

Section 259.10.70. CLEAN OHIO IMPLEMENTATION

101626

The foregoing appropriation item 195426, Clean Ohio	101627
Implementation, shall be used to fund the costs of administering	101628
the Clean Ohio Revitalization program and other urban	101629
revitalization programs that may be implemented by the Department	101630
of Development.	101631

Section 259.10.80. GLOBAL MARKETS

101632

The foregoing appropriation item 195432, Global Markets,	101633
shall be used to administer Ohio's foreign trade and investment	101634
programs, including operation and maintenance of Ohio's	101635
out-of-state trade and investment offices. This appropriation	101636
item also shall be used to fund the Global Markets Division and to	101637
assist Ohio manufacturers, agricultural producers, and service	101638
providers in exporting to foreign countries and to assist in the	101639
attraction of foreign direct investment.	101640

Section 259.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

101641

The foregoing appropriation item 195434, Industrial Training	101642
Grants, may be used for the Ohio Workforce Guarantee Program to	101643
promote training through grants to businesses and, in the case of	101644
a business consortium, training and education providers for the	101645
reimbursement of eligible training expenses.	101646

The foregoing appropriation item 195643, Workforce	101647
Development Initiatives, shall be used to support the Ohio	101648
Workforce Guarantee Grant Program.	101649

Section 259.15.10. STATE MATCH ENERGY

101650

Of the foregoing appropriation item 195498, State Match	101651
Energy, $150,000 in each fiscal year shall be used to support the	101652
Ross County Auditor in conducting a study of renewable energy	101653
sources for schools. The study shall investigate the feasibility	101654
of implementing bio-fuel energy sources for school heating	101655
systems.	101656

Section 259.20.10. OHIO FILM OFFICE

101657

The Ohio Film Office shall promote media productions in the	101658
state and help the industry optimize its production experience in	101659
the state by enhancing local economies through increased	101660
employment and tax revenues and ensuring an accurate portrayal of	101661
Ohio. The Office shall serve as an informational clearinghouse and	101662
provide technical assistance to the media production industry and	101663
business entities engaged in media production in the state. The	101664
Office shall promote Ohio as the ideal site for media production	101665
and help those in the industry benefit from their experience in	101666
the state.	101667

The primary objective of the Office shall be to encourage	101668
development of a strong capital base for electronic media	101669
production in order to achieve an independent, self-supporting	101670
industry in Ohio. Other objectives shall include:	101671

(A) Attracting private investment for the electronic media	101672
production industry;	101673

(B) Developing a tax infrastructure that encourages private	101674
investment; and	101675

(C) Encouraging increased employment opportunities within	101676
this sector and increased competition with other states.	101677

Section 259.20.15. TRAVEL AND TOURISM GRANTS

101678

Of the foregoing appropriation item 195507, Travel and	101679
Tourism Grants, $650,000 in each fiscal year shall be used to	101680
support operating expenses at the National Underground Railroad	101681
Freedom Center.	101682

Of the foregoing appropriation item 195507, Travel and	101683
Tourism Grants, $400,000 in each fiscal year shall be used for the	101684
Great Lakes Science Center.	101685

Of the foregoing appropriation item 195507, Travel and	101686
Tourism Grants, $250,000 in each fiscal year shall be used for the	101687
Cleveland Zoo.	101688

Of the foregoing appropriation item 195507, Travel and	101689
Tourism Grants, $50,000 in each fiscal year shall be used for the	101690
Greater Cleveland Sports Commission, and $50,000 in each fiscal	101691
year shall be used for the Greater Columbus Sports Commission.	101692

Of the foregoing appropriation item 195507, Travel and	101693
Tourism Grants, $50,000 in each fiscal year shall be used for the	101694
Montgomery County Youth Sports Initiative to attract Amateur	101695
Athletic Union tournaments.	101696

Of the foregoing appropriation item 195507, Travel and	101697
Tourism Grants, $80,000 in each fiscal year shall be used for the	101698
outdoor dramas Tecumseh! and Trumpet in the Land.	101699

Of the foregoing appropriation item 195507, Travel and	101700
Tourism Grants, $500,000 in each fiscal year shall be used for the	101701
International Center for the Preservation of Wild Animals.	101702

Of the foregoing appropriation item 195507, Travel and	101703
Tourism Grants, $25,000 in each fiscal year shall be used for	101704
Ohio's Appalachian Country to support tourism activities in	101705
Appalachian counties.	101706

Section 259.20.20. DISCOVER OHIO!

101707

The foregoing appropriation item 195521, Discover Ohio!,	101708
shall be used by the Ohio Tourism Division in the Department of	101709
Development for marketing and promoting Ohio as a tourism	101710
destination and for costs associated with operating such	101711
programs.	101712

Section 259.20.25. EFFICIENTGOVNOW MATCH

101713

Of the foregoing appropriation item 195524, EfficientGovNow	101714
Match, up to $150,000 in fiscal year 2010 shall be used to match	101715
grants awarded by EfficientGovNow in Northeast Ohio. The state	101716
shall match up to three grants, and no state matching grant shall	101717
exceed $50,000.	101718

Of the foregoing appropriation item 195524, EfficientGovNow	101719
Match, up to $850,000 in fiscal year 2010 shall be used to match	101720
grants awarded by EfficientGovNow if EfficientGovNow expands	101721
statewide.	101722

Any unexpended and unencumbered portion of the foregoing	101723
appropriation item 195524, EfficientGovNow Match, at the end of	101724
fiscal year 2010 is hereby appropriated for the same purpose in	101725
fiscal year 2011.	101726

Section 259.20.30. THIRD FRONTIER RESEARCH & DEVELOPMENT	101727
GENERAL OBLIGATION DEBT SERVICE	101728

The foregoing appropriation item 195905, Third Frontier	101729
Research & Development General Obligation Debt Service, shall be	101730
used to pay all debt service and related financing costs during	101731
the period from July 1, 2009, to June 30, 2011, on obligations	101732
issued for research and development purposes under sections 151.01	101733
and 151.10 of the Revised Code.	101734

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

101735

The foregoing appropriation item 195912, Job Ready Site	101736
Development General Obligation Debt Service, shall be used to pay	101737
all debt service and related financing costs during the period	101738
from July 1, 2009, to June 30, 2011, on obligations issued for job	101739
ready site development purposes under sections 151.01 and 151.11	101740
of the Revised Code.	101741

Section 259.20.40. SUPPORTIVE SERVICES

101742

The Director of Development may assess divisions of the	101743
department for the cost of central service operations. An	101744
assessment shall contain the characteristics of administrative	101745
ease and uniform application. A division's payments shall be	101746
credited to the Supportive Services Fund (Fund 1350) using an	101747
intrastate transfer voucher.	101748

ECONOMIC DEVELOPMENT CONTINGENCY

101749

The foregoing appropriation item 195677, Economic	101750
Development Contingency, may be used to award funds directly to	101751
either (1) business entities considering Ohio for expansion or new	101752
site location opportunities or (2) political subdivisions to	101753
assist with necessary costs involved in attracting a business	101754
entity. In addition, the Director of Development may award funds	101755
for alternative purposes when appropriate to satisfy an economic	101756
development opportunity or need deemed extraordinary in nature by	101757
the Director.	101758

DIRECT COST RECOVERY EXPENDITURES

101759

The foregoing appropriation item 195636, Direct Cost	101760
Recovery Expenditures, shall be used for reimbursable costs.	101761
Revenues to the General Reimbursement Fund (Fund 6850) shall	101762
consist of moneys charged for administrative costs that are not	101763
central service costs.	101764

Section 259.20.50. HEAP WEATHERIZATION

101765

Up to fifteen per cent of the federal funds deposited to the	101766
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	101767
may be expended from appropriation item 195614, HEAP	101768
Weatherization, to provide home weatherization services in the	101769
state as determined by the Director of Development. Any transfers	101770
or increases in appropriation for the foregoing appropriation	101771
items 195614, HEAP Weatherization, or 195611, Home Energy	101772
Assistance Block Grant, shall be subject to approval by the	101773
Controlling Board.	101774

STATE SPECIAL PROJECTS

101775

The State Special Projects Fund (Fund 4F20), may be used for	101776
the deposit of private-sector funds from utility companies and	101777
for the deposit of other miscellaneous state funds. State moneys	101778
so deposited shall be used to match federal housing grants for the	101779
homeless and to market economic development opportunities in the	101780
state. Private-sector moneys shall be deposited for use in	101781
appropriation item 195699, Utility Provided Funds, and shall be	101782
used to (1) pay the expenses of verifying the income-eligibility	101783
of HEAP applicants, (2) leverage additional federal funds, (3)	101784
fund special projects to assist homeless individuals, (4) fund	101785
special projects to assist with the energy efficiency of	101786
households eligible to participate in the Percentage of Income	101787
Payment Plan, and (5) assist with training programs for agencies	101788
that administer low-income customer assistance programs.	101789

Section 259.20.60. TAX INCENTIVE PROGRAMS OPERATING

101790

The foregoing appropriation item 195630, Tax Incentive	101791
Programs, shall be used for the operating costs of the Office of	101792
Grants and Tax Incentives.	101793

Section 259.20.70. MINORITY BUSINESS ENTERPRISE LOAN

101794

All repayments from the Minority Development Financing	101795
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	101796
Program shall be deposited in the State Treasury to the credit of	101797
the Minority Business Enterprise Loan Fund (Fund 4W10). All	101798
operating costs of administering the Minority Business Enterprise	101799
Loan Fund shall be paid from the Minority Business Enterprise Loan	101800
Fund (Fund 4W10).	101801

MINORITY BUSINESS BONDING FUND

101802

Notwithstanding Chapters 122., 169., and 175. of the Revised	101803
Code, the Director of Development may, upon the recommendation of	101804
the Minority Development Financing Advisory Board, pledge up to	101805
$10,000,000 in the fiscal year 2010-fiscal year 2011 biennium of	101806
unclaimed funds administered by the Director of Commerce and	101807
allocated to the Minority Business Bonding Program under section	101808
169.05 of the Revised Code. The transfer of any cash by the	101809
Director of Budget and Management from the Department of	101810
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	101811
Development's Minority Business Bonding Fund (Fund 4490) shall	101812
occur, if requested by the Director of Development, only if such	101813
funds are needed for payment of losses arising from the Minority	101814
Business Bonding Program, and only after proceeds of the initial	101815
transfer of $2,700,000 by the Controlling Board to the Minority	101816
Business Bonding Program has been used for that purpose. Moneys	101817
transferred by the Director of Budget and Management from the	101818
Department of Commerce for this purpose may be moneys in custodial	101819
funds held by the Treasurer of State. If expenditures are required	101820
for payment of losses arising from the Minority Business Bonding	101821
Program, such expenditures shall be made from appropriation item	101822
195623, Minority Business Bonding Contingency in the Minority	101823
Business Bonding Fund, and such amounts are hereby appropriated.	101824

Section 259.20.80. ALTERNATIVE FUEL TRANSPORTATION

101825

Of the foregoing appropriation item 195679, Alternative Fuel	101826
Transportation, not more than ten per cent shall be used by the	101827
Director of Development for administrative costs associated with	101828
the program under section 122.075 of the Revised Code.	101829

ADVANCED ENERGY FUND

101830

The foregoing appropriation item 195660, Advanced Energy	101831
Programs, shall be used to provide financial assistance to	101832
customers for eligible advanced energy projects for residential,	101833
commercial, and industrial business, local government, educational	101834
institution, nonprofit, and agriculture customers, and to pay for	101835
the program's administrative costs as provided in sections 4928.61	101836
to 4928.63 of the Revised Code and rules adopted by the Director	101837
of Development.	101838

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

101839

All payments received by the state pursuant to a series of	101840
settlements with ten brokerage firms reached with the United	101841
States Securities and Exchange Commission, the National	101842
Association of Securities Dealers, the New York Stock Exchange,	101843
the New York Attorney General, and other state regulators	101844
(henceforth referred to as the "Global Analysts Settlement	101845
Agreements"), shall be deposited into the state treasury to the	101846
credit of the Economic Development Contingency Fund (Fund 5Y60).	101847
The fund shall be used by the Director of Development to support	101848
economic development projects. Moneys shall be awarded to either	101849
(1) business entities considering Ohio for expansion or new site	101850
location opportunities or (2) political subdivisions to assist	101851
with necessary costs involved in attracting a business entity. In	101852
addition, the Director of Development may award funds for	101853
alternative purposes when appropriate to satisfy an economic	101854
development opportunity or need deemed extraordinary by the	101855
Director. Grant funds may be expended only after the submission of	101856
a request to the Controlling Board by the Department outlining the	101857
planned use of the funds and the subsequent approval of the	101858
Controlling Board.	101859

VOLUME CAP ADMINISTRATION

101860

The foregoing appropriation item 195654, Volume Cap	101861
Administration, shall be used for expenses related to the	101862
administration of the Volume Cap Program. Revenues received by the	101863
Volume Cap Administration Fund (Fund 6170) shall consist of	101864
application fees, forfeited deposits, and interest earned from the	101865
custodial account held by the Treasurer of State.	101866

OHIO HOUSING TRUST FUND

101867

Notwithstanding any provision of law to the contrary, of the	101868
foregoing appropriation item 195638, Low- and Moderate-Income	101869
Housing Trust Fund, at least $500,000 in each fiscal year shall be	101870
used for activities that provide outreach, organizational	101871
assistance, and information to tenants and residents of	101872
manufactured homes.	101873

INNOVATION OHIO LOAN FUND

101874

The foregoing appropriation item 195664, Innovation Ohio,	101875
shall be used to provide for innovation Ohio purposes, including	101876
loan guarantees and loans under Chapter 166. and particularly	101877
sections 166.12 to 166.16 of the Revised Code.	101878

RESEARCH AND DEVELOPMENT

101879

The foregoing appropriation item 195665, Research and	101880
Development, shall be used to provide for research and development	101881
purposes, including loans, under Chapter 166. and particularly	101882
sections 166.17 to 166.21 of the Revised Code.	101883

Section 259.20.90. LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

101884

The foregoing appropriation item 195698, Logistics and	101885
Distribution Infrastructure, shall be used for eligible logistics	101886
and distribution infrastructure projects as defined in section	101887
166.01 of the Revised Code.	101888

FACILITIES ESTABLISHMENT FUND

101889

The foregoing appropriation item 195615, Facilities	101890
Establishment (Fund 7037), shall be used for the purposes of the	101891
Facilities Establishment Fund under Chapter 166. of the Revised	101892
Code.	101893

Notwithstanding Chapter 166. of the Revised Code, an amount	101894
not to exceed $2,000,000 in cash each fiscal year may be	101895
transferred from the Facilities Establishment Fund (Fund 7037) to	101896
the Economic Development Financing Operating Fund (Fund 4510). The	101897
transfer is subject to Controlling Board approval under division	101898
(B) of section 166.03 of the Revised Code.	101899

Notwithstanding Chapter 166. of the Revised Code, an amount	101900
not to exceed $5,000,000 in cash each fiscal year may be	101901
transferred during the biennium from the Facilities Establishment	101902
Fund (Fund 7037) to the Urban Redevelopment Loans Fund (Fund 5D20)	101903
for the purpose of removing barriers to urban core redevelopment.	101904
The Director of Development shall develop program guidelines for	101905
the transfer and release of funds, including, but not limited to,	101906
the completion of all appropriate environmental assessments before	101907
state assistance is committed to a project. The transfers shall be	101908
subject to approval by the Controlling Board upon the submission	101909
of a request by the Department of Development.	101910

Notwithstanding Chapter 166. of the Revised Code, an amount	101911
not to exceed $3,000,000 in cash each fiscal year may be	101912
transferred from the Facilities Establishment Fund (Fund 7037) to	101913
the Rural Industrial Park Loan Fund (Fund 4Z60). The transfer is	101914
subject to Controlling Board approval under section 166.03 of the	101915
Revised Code.	101916

Notwithstanding Chapter 166. of the Revised Code, on the	101917
first day of July of each year of the biennium, or as soon as	101918
possible thereafter, the Director of Budget and Management, at	101919
the request of the Director of Development, shall transfer	101920
$6,102,500 in cash from the Facilities Establishment Fund (Fund	101921
7037) to the General Revenue Fund. The amount transferred is	101922
hereby appropriated for each fiscal year in appropriation item	101923
195412, Rapid Outreach Grants.	101924

Notwithstanding Chapter 166. of the Revised Code, on the	101925
first day of July of each year of the biennium, or as soon as	101926
possible thereafter, the Director of Budget and Management, at the	101927
request of the Director of Development, shall transfer $4,275,000	101928
cash from the Facilities Establishment Fund (Fund 7037) to the Job	101929
Development Initiatives Fund (Fund 5AD0). The amount transferred	101930
is hereby appropriated in each fiscal year in appropriation item	101931
195677, Economic Development Contingency.	101932

Notwithstanding Chapter 166. of the Revised Code, of the	101933
foregoing appropriation item 195615, Facilities Establishment,	101934
$100,000 in each fiscal year shall be used for the Ohio Means Jobs	101935
web site.	101936

Of the foregoing appropriation item 195615, Facilities	101937
Establishment, $1,000,000 in each fiscal year shall be used to	101938
provide loans under the Micro-Lending Program established in	101939
division (C) of section 166.07 of the Revised Code.	101940

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

101941

Notwithstanding Chapter 166. of the Revised Code, an amount	101942
not to exceed $1,000,000 in cash in fiscal year 2010 and $500,000	101943
in cash in fiscal year 2011 shall be transferred from moneys in	101944
the Facilities Establishment Fund (Fund 7037) to the Alternative	101945
Fuel Transportation Grant Fund (Fund 5CG0) in the Department of	101946
Development.	101947

RURAL DEVELOPMENT INITIATIVE FUND

101948

(A)(1) The Rural Development Initiative Fund (Fund 5S80) is	101949
entitled to receive moneys from the Facilities Establishment Fund	101950
(Fund 7037). The Director of Development may make grants from the	101951
Rural Development Initiative Fund as specified in division (A)(2)	101952
of this section to eligible applicants in Appalachian counties and	101953
in rural counties in the state that are designated as distressed	101954
under section 122.25 of the Revised Code. Preference shall be	101955
given to eligible applicants located in Appalachian counties	101956
designated as distressed by the federal Appalachian Regional	101957
Commission.	101958

(2) The Director of Development shall make grants from the	101959
Rural Development Initiative Fund (Fund 5S80) only to eligible	101960
applicants who also qualify for and receive funding under the	101961
Rural Industrial Park Loan Program as specified in sections 122.23	101962
to 122.27 of the Revised Code. Eligible applicants shall use the	101963
grants for the purposes specified in section 122.24 of the Revised	101964
Code. All projects supported by grants from the fund are subject	101965
to Chapter 4115. of the Revised Code as specified in division (E)	101966
of section 166.02 of the Revised Code. The Director shall develop	101967
program guidelines for the transfer and release of funds. The	101968
release of grant moneys to an eligible applicant is subject to	101969
Controlling Board approval.	101970

(B) Notwithstanding Chapter 166. of the Revised Code, the	101971
Director of Budget and Management may transfer an amount not to	101972
exceed $3,000,000 in cash each fiscal year on an as-needed basis	101973
at the request of the Director of Development from the Facilities	101974
Establishment Fund (Fund 7037) to the Rural Development Initiative	101975
Fund (Fund 5S80). The transfer is subject to Controlling Board	101976
approval under section 166.03 of the Revised Code.	101977

CAPITAL ACCESS LOAN PROGRAM

101978

The foregoing appropriation item 195628, Capital Access Loan	101979
Program, shall be used for operating, program, and administrative	101980
expenses of the program. Funds of the Capital Access Loan Program	101981
shall be used to assist participating financial institutions in	101982
making program loans to eligible businesses that face barriers in	101983
accessing working capital and obtaining fixed-asset financing.	101984

Notwithstanding Chapter 166. of the Revised Code, the	101985
Director of Budget and Management may transfer an amount not to	101986
exceed $3,000,000 in cash each fiscal year on an as-needed basis	101987
at the request of the Director of Development from the Facilities	101988
Establishment Fund (Fund 7037) to the Capital Access Loan Program	101989
Fund (Fund 5S90). The transfer is subject to Controlling Board	101990
approval under section 166.03 of the Revised Code.	101991

Section 259.30.10. CLEAN OHIO OPERATING EXPENSES

101992

The foregoing appropriation item 195663, Clean Ohio	101993
Operating, shall be used by the Department of Development in	101994
administering sections 122.65 to 122.658 of the Revised Code.	101995

Section 259.30.20. THIRD FRONTIER RESEARCH AND DEVELOPMENT	101996
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	101997

The foregoing appropriation items 195687, Third Frontier	101998
Research and Development Projects, and 195692, Research and	101999
Development Taxable Bond Projects, shall be used by the Department	102000
of Development to fund selected projects. Eligible costs are those	102001
costs of research and development projects to which the proceeds	102002
of the Third Frontier Research and Development Fund (Fund 7011)	102003
and the Research & Development Taxable Bond Project Fund (Fund	102004
7014) are to be applied.	102005

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

102006

The Director of Budget and Management may approve written	102007
requests from the Director of Development for the transfer of	102008
appropriations between appropriation items 195687, Third Frontier	102009
Research and Development Projects, and 195692, Research and	102010
Development Taxable Bond Projects, based upon awards recommended	102011
by the Third Frontier Commission. The transfers are subject to	102012
approval by the Controlling Board.	102013

On or before June 30, 2010, any unexpended and unencumbered	102014
portions of the foregoing appropriation items 195687, Third	102015
Frontier Research & Development Projects, and 195692, Research &	102016
Development Taxable Bond Projects, for fiscal year 2010 are	102017
hereby reappropriated to the Department of Development for the	102018
same purposes for fiscal year 2011.	102019

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

102020

The Ohio Public Facilities Commission, upon request of the	102021
Department of Development, is hereby authorized to issue and sell,	102022
in accordance with Section 2p of Article VIII, Ohio Constitution,	102023
and particularly sections 151.01 and 151.10 of the Revised Code,	102024
original obligations of the State of Ohio in an aggregate amount	102025
not to exceed $100,000,000 in addition to the original issuance of	102026
obligations authorized by prior acts of the General Assembly. The	102027
authorized obligations shall be issued and sold from time to time	102028
and in amounts necessary to ensure sufficient moneys to the	102029
credit of the Third Frontier Research and Development Fund (Fund	102030
7011) to pay costs of research and development projects.	102031

Section 259.30.30. JOB READY SITE OPERATING

102032

The foregoing appropriation item 195688, Job Ready Site	102033
Operating, shall be used for operating expenses incurred by the	102034
Department of Development in administering the Job Ready Sites	102035
Program authorized under sections 122.085 to 122.0820 of the	102036
Revised Code. Operating expenses include, but are not limited to,	102037
certain expenses of the District Public Works Integrating	102038
Committees, as applicable, engineering review of submitted	102039
applications by the State Architect or a third party engineering	102040
firm, audit and accountability activities, and costs associated	102041
with formal certifications verifying that site infrastructure is	102042
in place and is functional.	102043

Section 259.30.40. THIRD FRONTIER BIOMEDICAL RESEARCH AND	102044
COMMERCIALIZATION PROGRAM	102045

The General Assembly and the Governor recognize the role that	102046
the biomedical industry has in job creation, innovation, and	102047
economic development throughout Ohio. It is the intent of the	102048
General Assembly, the Governor, the Director of Development, and	102049
the Director of Budget and Management to work together in	102050
continuing to provide comprehensive state support for the	102051
biomedical industry as a whole through the Third Frontier	102052
Biomedical Research and Commercialization Program.	102053

Section 259.30.50. JOBS FUND BIOPRODUCTS AND BIOMEDICAL

102054

The foregoing appropriation item 195694, Jobs Fund	102055
Bioproducts, shall be used for the Ohio Bioproducts Development	102056
Program established in section 184.25 of the Revised Code. Of the	102057
foregoing appropriation item 195694, Jobs Fund Bioproducts, not	102058
more than five per cent in each fiscal year shall be used for	102059
operating expenditures in administering the program.	102060

The foregoing appropriation item 195695, Jobs Fund	102061
Biomedical, shall be used for the Ohio Biomedical Development	102062
Program established in section 184.26 of the Revised Code. Of the	102063
foregoing appropriation item 195695, Jobs Fund Biomedical, not	102064
more than five per cent in each fiscal year shall be used for	102065
operating expenditures in administering the program.	102066

Section 259.30.60. JOBS FUND CASH TRANSFER

102067

On June 30, 2011, or as soon as possible thereafter, the	102068
Director of Budget and Management shall transfer the unexpended	102069
and unencumbered cash balance in the Jobs Fund (Fund 5Z30) to the	102070
General Revenue Fund. Upon completion of the transfer, the Jobs	102071
Fund is abolished.	102072

Section 259.30.70. UNCLAIMED FUNDS TRANSFER

102073

(A) Notwithstanding division (A) of section 169.05 of the	102074
Revised Code, upon the request of the Director of Budget and	102075
Management, the Director of Commerce, before June 30, 2010, shall	102076
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	102077
amount not to exceed $4,000,000 in cash of the unclaimed funds	102078
that have been reported by the holders of unclaimed funds under	102079
section 169.05 of the Revised Code, regardless of the allocation	102080
of the unclaimed funds described under that section.	102081

Notwithstanding division (A) of section 169.05 of the Revised	102082
Code, upon the request of the Director of Budget and Management,	102083
the Director of Commerce, before June 30, 2011, shall transfer to	102084
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	102085
exceed $4,000,000 in cash of the unclaimed funds that have been	102086
reported by the holders of unclaimed funds under section 169.05	102087
of the Revised Code, regardless of the allocation of the	102088
unclaimed funds described under that section.	102089

(B) Notwithstanding division (A) of section 169.05 of the	102090
Revised Code, upon the request of the Director of Budget and	102091
Management, the Director of Commerce, before June 30, 2010, shall	102092
transfer to the State Special Projects Fund (Fund 4F20) an amount	102093
not to exceed $6,100,000 of the unclaimed funds that have been	102094
reported by the holders of unclaimed funds under section 169.05	102095
of the Revised Code, regardless of the allocation of the	102096
unclaimed funds described under that section.	102097

Notwithstanding division (A) of section 169.05 of the Revised	102098
Code, upon the request of the Director of Budget and Management,	102099
the Director of Commerce, prior to June 30, 2011, shall transfer	102100
to the State Special Projects Fund (Fund 4F20) an amount not to	102101
exceed $6,100,000 in cash of the unclaimed funds that have been	102102
reported by the holders of unclaimed funds under section 169.05	102103
of the Revised Code, regardless of the allocation of the	102104
unclaimed funds described under that section.	102105

Section 259.30.80. THIRD FRONTIER NEXTGEN NETWORK

102106

Any unexpended, unencumbered amounts of the foregoing	102107
appropriation items 195687, Third Frontier Research & Development	102108
Projects, and 195692, Research & Development Taxable Bond	102109
Projects, that were previously allocated for implementation of the	102110
NextGen Network in fiscal years 2008 and 2009 are hereby	102111
reappropriated for the same purpose in fiscal years 2010 and 2011.	102112

Section 259.30.90. WORKFORCE DEVELOPMENT

102113

The Director of Development and the Director of Job and	102114
Family Services may enter into one or more interagency agreements	102115
between the two departments and take other actions the directors	102116
consider appropriate to further integrate workforce development	102117
into a larger economic development strategy, to implement the	102118
recommendations of the Workforce Policy Board, and to complete	102119
activities related to the transition of the administration of	102120
employment programs identified by the board. Subject to the	102121
approval of the Director of Budget and Management, the Department	102122
of Development and the Department of Job and Family Services may	102123
expend moneys to support the recommendations of the Workforce	102124
Policy Board in the area of integration of employment functions as	102125
described in this paragraph and to complete implementation and	102126
transition activities from the appropriations to those	102127
departments.	102128

Section 261.10. OBD OHIO BOARD OF DIETETICS

102129

General Services Fund Group	102130

4K90	860609	Operating Expenses	$	348,964	$	348,964	102131
TOTAL GSF General Services Fund							102132
Group			$	348,964	$	348,964	102133
TOTAL ALL BUDGET FUND GROUPS			$	348,964	$	348,964	102134

Section 263.10. CDR COMMISSION ON DISPUTE RESOLUTION AND	102136
CONFLICT MANAGEMENT	102137

General Revenue Fund	102138

GRF	145401		Commission Operations		$	349,600		$	349,600		102139
TOTAL GRF General Revenue Fund					$	349,600		$	349,600		102140

General Services Fund Group	102141

4B60	145601		Dispute Resolution Programs		$	140,000		$	140,000		102142
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		102143

TOTAL ALL BUDGET FUND GROUPS

489,600

102144

Section 265.10. EDU DEPARTMENT OF EDUCATION

102146

General Revenue Fund	102147

GRF	200100	Personal Services	$	13,103,147	$	13,103,147	102148
GRF	200320	Maintenance and Equipment	$	3,495,350	$	3,495,350	102149
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	102150
GRF	200410	Educator Training	$	8,250,000	$	8,250,000	102151
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	102152
GRF	200420	Computer/Application/ Network Development	$	5,394,826	$	5,394,826	102153
GRF	200421	Alternative Education Programs	$	10,540,885	$	10,640,885	102154
GRF	200422	School Management Assistance	$	9,504,572	$	22,490,572	102155
GRF	200424	Policy Analysis	$	1,056,687	$	1,056,687	102156
GRF	200425	Tech Prep Consortia Support	$	1,594,373	$	1,594,373	102157
GRF	200426	Ohio Educational Computer Network	$	27,411,025	$	27,411,025	102158
GRF	200427	Academic Standards	$	7,289,861	$	7,289,861	102159
GRF	200431	School Improvement Initiatives	$	13,359,997	$	15,359,997	102160
GRF	200433	Literacy Improvement-Professional Development	$	1,000,000	$	1,000,000	102161
GRF	200437	Student Assessment	$	71,909,814	$	71,909,814	102162
GRF	200439	Accountability/Report Cards	$	6,828,650	$	6,828,650	102163
GRF	200442	Child Care Licensing	$	1,302,495	$	1,302,495	102164
GRF	200446	Education Management Information System	$	15,621,135	$	15,621,135	102165
GRF	200447	GED Testing	$	1,250,353	$	1,250,353	102166
GRF	200448	Educator Preparation	$	2,080,000	$	2,080,000	102167
GRF	200455	Community Schools	$	472,404,384	$	512,686,539	102168
GRF	200457	STEM Initiatives	$	2,000,000	$	4,500,000	102169
GRF	200502	Pupil Transportation	$	448,022,619	$	462,822,619	102170
GRF	200503	Bus Purchase Allowance	$	10,850,000	$	10,850,000	102171
GRF	200505	School Lunch Match	$	11,798,025	$	11,798,025	102172
GRF	200511	Auxiliary Services	$	131,740,457	$	131,740,457	102173
GRF	200521	Gifted Pupil Program	$	1,026,017	$	1,026,017	102174
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	59,810,517	$	59,810,517	102175
GRF	200540	Special Education Enhancements	$	140,944,648	$	143,517,936	102176
GRF	200545	Career-Technical Education Enhancements	$	7,752,662	$	7,802,699	102177
GRF	200550	Foundation Funding	$	4,896,732,136	$	4,788,353,026	102178
GRF	200551	Foundation Funding – Federal Stimulus	$	387,583,913	$	457,449,362	102179
GRF	200555	Teach Ohio	$	6,100,000	$	6,100,000	102180
GRF	200578	Violence Prevention and School Safety	$	1,384,924	$	1,384,924	102181
GRF	200587	National Underground Railroad Freedom Center	$	1,000,000	$	1,000,000	102182
GRF	200901	Property Tax Allocation - Education	$	1,008,262,363	$	1,020,655,157	102183
TOTAL GRF General Revenue Fund			$	7,813,907,371	$	7,863,077,984	102184

General Services Fund Group	102185

1380	200606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	102186
4520	200638	Miscellaneous Educational Services	$	275,000	$	275,000	102187
4L20	200681	Teacher Certification and Licensure	$	8,013,206	$	8,147,756	102188
5960	200656	Ohio Career Information System	$	529,761	$	529,761	102189
5H30	200687	School District Solvency Assistance	$	18,000,000	$	18,000,000	102190
TOTAL GSF General Services							102191
Fund Group			$	34,418,058	$	34,552,608	102192

Federal Special Revenue Fund Group	102193

3090	200601	Educationally Disadvantaged Programs	$	8,405,512	$	8,405,512	102194
3670	200607	School Food Services	$	6,324,707	$	6,577,695	102195
3680	200614	Veterans' Training	$	778,349	$	793,846	102196
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	102197
3700	200624	Education of Exceptional Children	$	2,664,000	$	2,755,000	102198
3740	200647	Troops to Teachers	$	100,000	$	100,000	102199
3780	200660	Learn and Serve	$	619,211	$	619,211	102200
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	102201
3AN0	200671	School Improvement Grants	$	17,909,676	$	17,936,675	102202
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	102203
3BK0	200628	Longitudinal Data Systems	$	100,000	$	0	102204
3BV0	200636	Character Education	$	700,000	$	0	102205
3C50	200661	Early Childhood Education	$	14,189,711	$	14,554,749	102206
3CF0	200644	Foreign Language Assistance	$	25,000	$	0	102207
3CG0	200646	Teacher Incentive Fund	$	3,007,975	$	1,157,834	102208
3D10	200664	Drug Free Schools	$	13,347,966	$	13,347,966	102209
3D20	200667	Honors Scholarship Program	$	6,990,000	$	6,985,000	102210
3DJ0	200699	IDEA Part B - Federal Stimulus	$	218,868,026	$	218,868,026	102211
3DK0	200642	Title 1A - Federal Stimulus	$	186,336,737	$	186,336,737	102212
3DL0	200650	IDEA Preschool - Federal Stimulus	$	6,679,679	$	6,679,679	102213
3DM0	200651	Title IID Technology - Federal Stimulus	$	11,951,000	$	11,951,000	102214
3DP0	200652	Title I School Improvement - Federal Stimulus	$	54,221,000	$	54,221,000	102215
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	102216
3L60	200617	Federal School Lunch	$	295,421,000	$	310,150,675	102217
3L70	200618	Federal School Breakfast	$	80,850,000	$	84,892,500	102218
3L80	200619	Child/Adult Food Programs	$	89,250,000	$	93,712,500	102219
3L90	200621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	102220
3M00	200623	ESEA Title 1A	$	530,000,000	$	530,010,000	102221
3M10	200678	Innovative Education	$	1,000,000	$	0	102222
3M20	200680	Individuals with Disabilities Education Act	$	413,391,594	$	421,241,163	102223
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	102224
3T40	200613	Public Charter Schools	$	14,275,618	$	14,291,353	102225
3Y20	200688	21st Century Community Learning Centers	$	36,000,000	$	36,000,000	102226
3Y40	200632	Reading First	$	27,366,373	$	24,455,172	102227
3Y60	200635	Improving Teacher Quality	$	101,778,397	$	101,778,400	102228
3Y70	200689	English Language Acquisition	$	8,142,299	$	8,142,299	102229
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	102230
3Z20	200690	State Assessments	$	12,923,799	$	12,923,799	102231
3Z30	200645	Consolidated Federal Grant Administration	$	8,499,279	$	8,499,280	102232
3Z70	200697	General Supervisory Enhancement Grant	$	887,319	$	0	102233
TOTAL FED Federal Special							102234
Revenue Fund Group			$	2,238,516,279	$	2,262,899,123	102235

State Special Revenue Fund Group	102236

4540	200610	Guidance and Testing	$	450,000	$	450,000	102237
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	102238
4R70	200695	Indirect Operational Support	$	6,050,000	$	6,250,000	102239
4V70	200633	Interagency Operational Support	$	1,111,838	$	1,117,725	102240
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	102241
5BB0	200696	State Action for Education Leadership	$	1,250,000	$	600,000	102242
5BJ0	200626	Half-Mill Maintenance Equalization	$	16,100,000	$	16,600,000	102243
5U20	200685	National Education Statistics	$	300,000	$	300,000	102244
5W20	200663	Early Learning Initiative	$	2,200,000	$	2,200,000	102245
5X90	200911	NGA STEM	$	100,000	$	0	102246
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	102247
TOTAL SSR State Special Revenue							102248
Fund Group			$	55,890,748	$	55,846,635	102249

Lottery Profits Education Fund Group	102250

7017	200612	Foundation Funding	$	705,000,000	$	711,000,000	102251
TOTAL LPE Lottery Profits							102252
Education Fund Group			$	705,000,000	$	711,000,000	102253

Revenue Distribution Fund Group	102254

7047	200909	School District Property Tax Replacement-Business	$	1,150,207,366	$	1,150,207,366	102255
7053	200900	School District Property Tax Replacement-Utility	$	91,123,523	$	91,123,523	102256
TOTAL RDF Revenue Distribution							102257
Fund Group			$	1,241,330,889	$	1,241,330,889	102258
TOTAL ALL BUDGET FUND GROUPS			$	12,089,063,345	$	12,168,707,239	102259

Section 265.10.10. PERSONAL SERVICES

102261

The foregoing appropriation item 200100, Personal Services,	102262
may be used to pay fees for the Department's membership in the	102263
Education Commission of the States, an interstate nonprofit,	102264
nonpartisan organization that supports states with the development	102265
of education policy.	102266

Of the foregoing appropriation item 200100 Personal Services,	102267
up to $25,000 in each fiscal year may be expended to provide for	102268
travel expenses for the members of the State Board of Education.	102269

Of the foregoing appropriation item 200100, Personal	102270
Services, up to $150,000 in each fiscal year shall be used by the	102271
Department of Education to support Ohio's Partnership for	102272
Continued Learning at the direction of the Office of the Governor.	102273
Ohio's Partnership for Continued Learning replaces and broadens	102274
the former Joint Council of the Department of Education and the	102275
Board of Regents. The Partnership shall advise and make	102276
recommendations to promote collaboration among relevant state	102277
entities in an effort to help local communities develop coherent	102278
and successful "P-16" learning systems. The Governor, or the	102279
Governor's designee, shall serve as the chairperson.	102280

Of the foregoing appropriation item 200100, Personal	102281
Services, up to $950,000 in each fiscal year shall be used to	102282
support administration and activities including travel, contract	102283
services, and other expenses of the Governor's Closing the	102284
Achievement Gap Initiative in the Department.	102285

Of the foregoing appropriation item 200100, Personal	102286
Services, up to $200,000 in each fiscal year shall be used to	102287
support administration and activities of the Office of Urban and	102288
Rural Student Success in the Department.	102289

Of the foregoing appropriation item 200100, Personal	102290
Services, up to $700,000 in each fiscal year shall be used to	102291
support administration and activities of the Center for Creativity	102292
and Innovation in the Department.	102293

Section 265.10.20. EARLY CHILDHOOD EDUCATION

102294

The Department of Education shall distribute the foregoing	102295
appropriation item 200408, Early Childhood Education, to pay the	102296
costs of early childhood education programs.	102297

(A) As used in this section:

102298

(1) "Provider" means a city, local, exempted village, or	102299
joint vocational school district, or an educational service	102300
center.	102301

(2) In the case of a city, local, or exempted village school	102302
district, "new eligible provider" means a district that did not	102303
receive state funding for Early Childhood Education in the	102304
previous fiscal year or demonstrates a need for early childhood	102305
programs as defined in division (D) of this section.	102306

(3) "Eligible child" means a child who is at least three	102307
years of age as of the district entry date for kindergarten, is	102308
not of the age to be eligible for kindergarten, and whose family	102309
earns not more than two hundred per cent of the federal poverty	102310
guidelines as defined in division (A)(3) of section 5101.46 of the	102311
Revised Code. Children with an Individualized Education Program	102312
and where the Early Childhood Education program is the least	102313
restrictive environment may be enrolled on their third birthday.	102314

(B) In each fiscal year, up to two per cent of the total	102315
appropriation may be used by the Department for program support	102316
and technical assistance. The Department shall distribute the	102317
remainder of the appropriation in each fiscal year to serve	102318
eligible children.	102319

(C) The Department shall provide an annual report to the	102320
Governor, the Speaker of the House of Representatives, and the	102321
President of the Senate and post the report to the Department's	102322
web site, regarding early childhood education programs operated	102323
under this section and the early learning program guidelines.	102324

(D) After setting aside the amounts to make payments due from	102325
the previous fiscal year, in fiscal year 2010, the Department	102326
shall distribute funds first to recipients of funds for early	102327
childhood education programs under Section 269.10.20 of Am. Sub.	102328
H.B. 119 of the 127th General Assembly in the previous fiscal year	102329
and the balance to new eligible providers of early childhood	102330
education programs under this section or to existing providers to	102331
serve more eligible children or for purposes of program	102332
expansion, improvement, or special projects to promote quality	102333
and innovation.	102334

After setting aside the amounts to make payments due from the	102335
previous fiscal year, in fiscal year 2011, the Department shall	102336
distribute funds first to providers of early childhood education	102337
programs under this section in the previous fiscal year and the	102338
balance to new eligible providers or to existing providers to	102339
serve more eligible children or for purposes of program	102340
expansion, improvement, or special projects to promote quality	102341
and innovation.	102342

Awards under this section shall be distributed on a per-pupil	102343
basis, and in accordance with division (H) of this section. The	102344
Department may adjust the per-pupil amount so that the per-pupil	102345
amount multiplied by the number of eligible children enrolled and	102346
receiving services, as defined by the Department, reported on the	102347
first day of December or the first business day following that	102348
date equals the amount allocated under this section.	102349

(E) Costs for developing and administering an early childhood	102350
education program may not exceed fifteen per cent of the total	102351
approved costs of the program.	102352

All providers shall maintain such fiscal control and	102353
accounting procedures as may be necessary to ensure the	102354
disbursement of, and accounting for, these funds. The control of	102355
funds provided in this program, and title to property obtained	102356
therefrom, shall be under the authority of the approved provider	102357
for purposes provided in the program unless, as described in	102358
division (J) of this section, the program waives its right for	102359
funding or a program's funding is eliminated or reduced due to its	102360
inability to meet financial or early learning program guidelines.	102361
The approved provider shall administer and use such property and	102362
funds for the purposes specified.	102363

(F) The Department may examine a provider's financial and	102364
program records. If the financial practices of the program are not	102365
in accordance with standard accounting principles or do not meet	102366
financial standards outlined under division (E) of this section,	102367
or if the program fails to substantially meet the early learning	102368
program guidelines or exhibits below average performance as	102369
measured against the guidelines, the early childhood education	102370
program shall propose and implement a corrective action plan that	102371
has been approved by the Department. The approved corrective	102372
action plan shall be signed by the chief executive officer and	102373
the executive of the official governing body of the provider. The	102374
corrective action plan shall include a schedule for monitoring by	102375
the Department. Such monitoring may include monthly reports,	102376
inspections, a timeline for correction of deficiencies, and	102377
technical assistance to be provided by the Department or obtained	102378
by the early childhood education program. The Department may	102379
withhold funding pending corrective action. If an early childhood	102380
education program fails to satisfactorily complete a corrective	102381
action plan, the Department may deny expansion funding to the	102382
program or withdraw all or part of the funding to the program and	102383
establish a new eligible provider through a selection process	102384
established by the Department.	102385

(G) Each early childhood education program shall do all of	102386
the following:	102387

(1) Meet teacher qualification requirements prescribed by	102388
section 3301.311 of the Revised Code;	102389

(2) Align curriculum to the early learning content standards	102390
developed by the Department;	102391

(3) Meet any child or program assessment requirements	102392
prescribed by the Department;	102393

(4) Require teachers, except teachers enrolled and working to	102394
obtain a degree pursuant to section 3301.311 of the Revised Code,	102395
to attend a minimum of twenty hours every two years of	102396
professional development as prescribed by the Department;	102397

(5) Document and report child progress as prescribed by the	102398
Department;	102399

(6) Meet and report compliance with the early learning	102400
program guidelines as prescribed by the Department.	102401

(H) Per-pupil funding for programs subject to this section	102402
shall be sufficient to provide eligible children with services	102403
for a standard early childhood schedule which shall be defined in	102404
this section as one-half of the statewide average length of the	102405
school day, as determined by the Department, for the minimum	102406
school year as defined in sections 3313.48, 3313.481, and 3313.482	102407
of the Revised Code. Nothing in this section shall be construed to	102408
prohibit program providers from utilizing other funds to serve	102409
eligible children in programs that exceed the statewide average	102410
length of the school day or that exceed the minimum school year.	102411
For any provider for which a standard early childhood education	102412
does not meet the local need or creates a hardship, the provider	102413
may submit a waiver to the Department requesting an alternate	102414
schedule. If the Department approves a waiver for an alternate	102415
schedule that provides services for less time than the standard	102416
early childhood education schedule, the Department shall reduce	102417
the provider's annual allocation proportionately. Under no	102418
circumstances shall an annual allocation be increased because of	102419
the approval of an alternate schedule.	102420

(I) Each provider shall develop a sliding fee scale based on	102421
family incomes and shall charge families who earn more than two	102422
hundred per cent of the federal poverty guidelines, as defined in	102423
division (A)(3) of section 5101.46 of the Revised Code, for the	102424
early childhood education program.	102425

(J) If an early childhood education program voluntarily	102426
waives its right for funding, or has its funding eliminated for	102427
not meeting financial standards or the early learning program	102428
guidelines, the provider shall transfer control of title to	102429
property, equipment, and remaining supplies obtained through the	102430
program to providers designated by the Department and return any	102431
unexpended funds to the Department along with any reports	102432
prescribed by the Department. The funding made available from a	102433
program that waives its right for funding or has its funding	102434
eliminated or reduced may be used by the Department for new grant	102435
awards or expansion grants. The Department may award new grants	102436
or expansion grants to eligible providers who apply. The eligible	102437
providers who apply must do so in accordance with the selection	102438
process established by the Department.	102439

(K) As used in this section, "early learning program	102440
guidelines" means the guidelines established by the Department	102441
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	102442
66 of the 126th General Assembly.	102443

Section 265.10.25. EDUCATOR TRAINING

102444

The foregoing appropriation item 200410, Educator Training,	102445
shall be used by the Department of Education to provide grants to	102446
pay $2,225 of the application fee in order to assist teachers	102447
from public and chartered nonpublic schools applying for the	102448
first time to the National Board for Professional Teaching	102449
Standards for professional teaching certificates or licenses that	102450
the board offers. These moneys shall be used to pay up to the	102451
first 400 applications in each fiscal year received by the	102452
Department. This set aside shall also be used to recognize and	102453
reward teachers who become certified by the National Board for	102454
Professional Teaching Standards under section 3319.55 of the	102455
Revised Code. Up to $300,000 in each fiscal year of this set	102456
aside may be used by the Department to pay for costs associated	102457
with activities to support candidates through the application and	102458
certification process. Up to $39,500 of this set aside in each	102459
fiscal year may be used to support the application fee for	102460
candidates participating in the Take One program for beginning	102461
teachers in years two and three.	102462

Section 265.10.30. CAREER-TECHNICAL EDUCATION MATCH

102463

The foregoing appropriation item 200416, Career-Technical	102464
Education Match, shall be used by the Department of Education to	102465
provide vocational administration matching funds under 20 U.S.C.	102466
2311.	102467

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

102468

The foregoing appropriation item 200420,	102469
Computer/Application/Network Development, shall be used to support	102470
the development and implementation of information technology	102471
solutions designed to improve the performance and services of the	102472
Department of Education. Funds may be used for personnel,	102473
maintenance, and equipment costs related to the development and	102474
implementation of these technical system projects. Implementation	102475
of these systems shall allow the Department to provide greater	102476
levels of assistance to school districts and to provide more	102477
timely information to the public, including school districts,	102478
administrators, and legislators. Funds may also be used to support	102479
data-driven decision-making and differentiated instruction, as	102480
well as to communicate academic content standards and curriculum	102481
models to schools through web-based applications.	102482

Section 265.10.40. ALTERNATIVE EDUCATION PROGRAMS

102483

Of the foregoing appropriation item 200421, Alternative	102484
Education Programs, $100,000 in each fiscal year shall be used to	102485
support the Toledo Tech Academy. Of this amount, $25,000 in each	102486
fiscal year shall be used by the Toledo Tech Academy to enhance	102487
and establish For Inspiration and Recognition in Science and	102488
Technology programs (F.I.R.S.T.).	102489

Of the foregoing appropriation item 200421, Alternative	102490
Education Programs, $25,000 in each fiscal year shall be	102491
distributed to the Beaver Creek Wildlife Education Center for	102492
student field trips.	102493

Of the foregoing appropriation item 200421, Alternative	102494
Education Programs, $50,000 in each fiscal year shall be used for	102495
the after-school programs of the Monroe Community Center in Stark	102496
County.	102497

Of the foregoing appropriation item 200421, Alternative	102498
Education Programs, $250,000 in each fiscal year shall be provided	102499
to Kids Unlimited to support its after-school program.	102500

Of the foregoing appropriation item 200421, Alternative	102501
Education Programs, $100,000 in fiscal year 2011 shall be used by	102502
the Green Local School District in Summit County, in partnership	102503
with The University of Akron, to create a distance learning pilot	102504
program.	102505

Of the foregoing appropriation item 200421, Alternative	102506
Education Programs, $100,000 in each fiscal year shall be provided	102507
to the Cincinnati Arts and Technology Center to increase program	102508
support for high-risk teens and unemployed urban adults.	102509

The remainder of appropriation item 200421, Alternative	102510
Education Programs, shall be used for the renewal of successful	102511
implementation grants and for competitive matching grants to the	102512
21 urban school districts as defined in division (O) of section	102513
3317.02 of the Revised Code as it existed prior to July 1, 1998,	102514
and for the renewal of successful implementation grants and for	102515
competitive matching grants to rural and suburban school	102516
districts for alternative educational programs for existing and	102517
new at-risk and delinquent youth. Programs shall be focused on	102518
youth in one or more of the following categories: those who have	102519
been expelled or suspended, those who have dropped out of school	102520
or who are at risk of dropping out of school, those who are	102521
habitually truant or disruptive, or those on probation or on	102522
parole from a Department of Youth Services facility. Grants shall	102523
be awarded according to the criteria established by the	102524
Alternative Education Advisory Council in 1999. Grants shall be	102525
awarded only to programs in which the grant will not serve as the	102526
program's primary source of funding. These grants shall be	102527
administered by the Department of Education.	102528

The Department of Education may waive compliance with any	102529
minimum education standard established under section 3301.07 of	102530
the Revised Code for any alternative school that receives a grant	102531
under this section on the grounds that the waiver will enable the	102532
program to more effectively educate students enrolled in the	102533
alternative school.	102534

Of the foregoing appropriation item 200421, Alternative	102535
Education Programs, a portion may be used for program	102536
administration, monitoring, technical assistance, support,	102537
research, and evaluation.	102538

Section 265.10.50. SCHOOL MANAGEMENT ASSISTANCE

102539

Of the foregoing appropriation item 200422, School Management	102540
Assistance, up to $1,000,000 in each fiscal year shall be used by	102541
the Auditor of State in consultation with the Department of	102542
Education for expenses incurred in the Auditor of State's role	102543
relating to fiscal caution, fiscal watch, and fiscal emergency	102544
activities as defined in Chapter 3316. of the Revised Code and	102545
may also be used to conduct performance audits with priority	102546
given to districts in fiscal distress. Expenses include duties	102547
related to the completion of performance audits for school	102548
districts that the Superintendent of Public Instruction determines	102549
are employing fiscal practices or experiencing budgetary	102550
conditions that could produce a state of fiscal watch or fiscal	102551
emergency.	102552

Of the foregoing appropriation item 200422, School	102553
Management Assistance, up to $350,000 in each fiscal year shall be	102554
used by the Department of Education to work with school districts	102555
and entities that serve school districts to develop and deploy	102556
analytical tools that allow districts and other stakeholders to	102557
analyze more thoroughly district spending patterns in order to	102558
promote more effective and efficient use of resources.	102559

Of the foregoing appropriation item 200422, School Management	102560
Assistance, up to $4,994,000 in fiscal year 2010 and up to	102561
$17,980,000 in fiscal year 2011 shall be used by the Department of	102562
Education to contract with the Auditor of State or another	102563
identified vendor as determined by the Department and approved by	102564
the Controlling Board to conduct performance reviews of school	102565
districts and community schools on a five year cycle. The Office	102566
of School Resource Management in the Department shall determine	102567
the scope of reviews, not limited to operations, in consultation	102568
with the Auditor of State and the Office of Budget and Management.	102569
Priority may be given to districts in fiscal distress as	102570
determined by the Auditor of State and the Superintendent of	102571
Public Instruction. A portion of this amount in each fiscal year	102572
shall be used by the Department to contract with the Auditor of	102573
State or another identified vendor as determined by the Department	102574
and approved by the Controlling Board to conduct performance	102575
reviews of joint vocational school districts (JVSDs). The purpose	102576
of such reviews shall be to assist JVSDs in identifying and	102577
implementing operational efficiencies, setting statewide	102578
benchmarks in certain operations, evaluating quality of services	102579
provided to school districts, and using findings to inform and	102580
develop recommendations for a new JVSD funding model to be	102581
implemented in the fiscal year 2012-2013 biennium.	102582

The remainder of foregoing appropriation item 200422, School	102583
Management Assistance, shall be used by the Department of	102584
Education to provide fiscal technical assistance and inservice	102585
education for school district management personnel and to	102586
administer, monitor, and implement the fiscal caution, fiscal	102587
watch, and fiscal emergency provisions under Chapter 3316. of the	102588
Revised Code.	102589

Section 265.10.60. POLICY ANALYSIS

102590

The foregoing appropriation item 200424, Policy Analysis,	102591
shall be used by the Department of Education to support a system	102592
of administrative, statistical, and legislative education	102593
information to be used for policy analysis. Staff supported by	102594
this appropriation shall administer the development of reports,	102595
analyses, and briefings to inform education policymakers of	102596
current trends in education practice, efficient and effective use	102597
of resources, and evaluation of programs to improve education	102598
results. The database shall be kept current at all times. These	102599
research efforts shall be used to supply information and analysis	102600
of data to the General Assembly and other state policymakers,	102601
including the Office of Budget and Management and the Legislative	102602
Service Commission.	102603

Of the foregoing appropriation item 200424, Policy Analysis,	102604
up to $600,000 in each fiscal year shall be used to support the	102605
Office of School Resource Management in the Department of	102606
Education. A portion of this amount shall be used in conjunction	102607
with appropriation item 200439, Accountability/Report Cards, to	102608
develop a fiscal reporting dimension, which shall contain fiscal	102609
data reported for the prior fiscal year, to the school report card	102610
for publication beginning in fiscal year 2011. The fiscal	102611
information contained therein shall be updated and reported	102612
annually in a form and in a manner as determined by the	102613
Department.	102614

The Department of Education may use funding from this	102615
appropriation item to purchase or contract for the development of	102616
software systems or contract for policy studies that will assist	102617
in the provision and analysis of policy-related information.	102618
Funding from this appropriation item also may be used to monitor	102619
and enhance quality assurance for research-based policy analysis	102620
and program evaluation to enhance the effective use of education	102621
information to inform education policymakers.	102622

TECH PREP CONSORTIA SUPPORT

102623

The foregoing appropriation item 200425, Tech Prep Consortia	102624
Support, shall be used by the Department of Education to support	102625
state-level activities designed to support, promote, and expand	102626
tech prep programs. Use of these funds shall include, but not be	102627
limited to, administration of grants, program evaluation,	102628
professional development, curriculum development, assessment	102629
development, program promotion, communications, and statewide	102630
coordination of tech prep consortia.	102631

Section 265.10.70. OHIO EDUCATIONAL COMPUTER NETWORK

102632

The foregoing appropriation item 200426, Ohio Educational	102633
Computer Network, shall be used by the Department of Education to	102634
maintain a system of information technology throughout Ohio and to	102635
provide technical assistance for such a system in support of the	102636
P-16 State Education Technology Plan developed under section	102637
3353.09 of the Revised Code.	102638

Of the foregoing appropriation item 200426, Ohio Educational	102639
Computer Network, up to $15,874,498 in each fiscal year shall be	102640
used by the Department of Education to support connection of all	102641
public school buildings and participating chartered nonpublic	102642
schools to the state's education network, to each other, and to	102643
the Internet. In each fiscal year the Department of Education	102644
shall use these funds to assist information technology centers or	102645
school districts with the operational costs associated with this	102646
connectivity. The Department of Education shall develop a formula	102647
and guidelines for the distribution of these funds to information	102648
technology centers or individual school districts. As used in this	102649
section, "public school building" means a school building of any	102650
city, local, exempted village, or joint vocational school	102651
district, any community school established under Chapter 3314. of	102652
the Revised Code, any educational service center building used for	102653
instructional purposes, the Ohio School for the Deaf and the Ohio	102654
School for the Blind, or high schools chartered by the Ohio	102655
Department of Youth Services and high schools operated by Ohio	102656
Department of Rehabilitation and Corrections' Ohio Central School	102657
System.	102658

Of the foregoing appropriation item 200426, Ohio Educational	102659
Computer Network, up to $2,163,657 in each fiscal year shall be	102660
used for the Union Catalog and InfOhio Network and to support the	102661
provision of electronic resources with priority given to resources	102662
that support the teaching of state academic content standards in	102663
all public schools. Consideration shall be given by the Department	102664
of Education to coordinating the allocation of these moneys with	102665
the efforts of Libraries Connect Ohio, whose members include	102666
OhioLINK, the Ohio Public Information Network, and the State	102667
Library of Ohio.	102668

Of the foregoing appropriation item 200426, Ohio Educational	102669
Computer Network, up to $7,942,391 in each fiscal year shall be	102670
used, through a formula and guidelines devised by the Department,	102671
to subsidize the activities of designated information technology	102672
centers, as defined by State Board of Education rules, to provide	102673
school districts and chartered nonpublic schools with	102674
computer-based student and teacher instructional and	102675
administrative information services, including approved	102676
computerized financial accounting, and to ensure the effective	102677
operation of local automated administrative and instructional	102678
systems.	102679

The remainder of appropriation item 200426, Ohio Educational	102680
Computer Network, shall be used to support development,	102681
maintenance, and operation of a network of uniform and compatible	102682
computer-based information and instructional systems. This	102683
technical assistance shall include, but not be restricted to,	102684
development and maintenance of adequate computer software systems	102685
to support network activities. In order to improve the efficiency	102686
of network activities, the Department and information technology	102687
centers may jointly purchase equipment, materials, and services	102688
from funds provided under this appropriation for use by the	102689
network and, when considered practical by the Department, may	102690
utilize the services of appropriate state purchasing agencies.	102691

Section 265.10.80. ACADEMIC STANDARDS

102692

Of the foregoing appropriation item 200427, Academic	102693
Standards, $1,500,000 in each fiscal year shall be used for	102694
Project Lead the Way leadership and management oversight and	102695
initial and continuing support of Project Lead the Way workforce	102696
development programs in participating school districts.	102697

The remainder of appropriation item 200427, Academic	102698
Standards, shall be used by the Department of Education to	102699
develop, revise, and communicate to school districts academic	102700
content standards and curriculum models.	102701

Section 265.10.90. SCHOOL IMPROVEMENT INITIATIVES

102702

Of the foregoing appropriation item 200431, School	102703
Improvement Initiatives, up to $510,990 in each fiscal year shall	102704
be used by the Department of Education to support educational	102705
media centers to provide Ohio public schools with instructional	102706
resources and services, with priority given to resources and	102707
services aligned with state academic content standards.	102708

Of the foregoing appropriation item 200431, School	102709
Improvement Initiatives, up to $9,349,007 in each fiscal year	102710
shall be used to support districts in the development and	102711
implementation of their continuous improvement plans as required	102712
in section 3302.04 of the Revised Code and to provide technical	102713
assistance and support in accordance with Title I of the "No Child	102714
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317.	102715

Of the foregoing appropriation item 200431, School	102716
Improvement Initiatives, up to $2,000,000 in fiscal year 2011	102717
shall be used by the Department of Education to fund grants to	102718
eligible school districts and community schools for the pilot	102719
subsidy program for creative and innovative classrooms. The pilot	102720
subsidy program shall be administered by the Center for	102721
Creativity and Innovation within the Department of Education	102722
following guidelines established by the Center in accordance	102723
with section 3306.57 of the Revised Code.	102724

Of the foregoing appropriation item 200431, School	102725
Improvement Initiatives, up to $3,500,000 in each fiscal year	102726
shall be used to create early college high schools, which are	102727
small, autonomous schools that blend high school and college into	102728
a coherent educational program. The funds for early college high	102729
schools shall be distributed according to guidelines established	102730
by the Department of Education and the Board of Regents.	102731

Section 265.10.95. LITERACY IMPROVEMENT-PROFESSIONAL	102732
DEVELOPMENT	102733

The foregoing appropriation item 200433, Literacy	102734
Improvement-Professional Development, shall be used by the	102735
Department of Education to fund the Reading Recovery Training	102736
Network, to cover the cost of release time for the teacher	102737
trainers.	102738

Of the foregoing appropriation item 200433, Literacy	102739
Improvement-Professional Development, up to $100,000 in each	102740
fiscal year shall be used to establish a teacher leader training	102741
site at Marietta College in fiscal year 2010 and to provide	102742
training for reading recovery teachers by a teacher leader in	102743
fiscal year 2011.	102744

Section 265.20.10. STUDENT ASSESSMENT

102745

Of the foregoing appropriation item 200437, Student	102746
Assessment, up to $212,486 in each fiscal year may be used to	102747
support the assessments required under section 3301.0715 of the	102748
Revised Code.	102749

The Superintendent of Public Instruction and the Chancellor	102750
of the Ohio Board of Regents shall determine a percentage of the	102751
foregoing appropriation item 200437, Student Assessment, that	102752
shall be used in each fiscal year to pay for all or a portion of	102753
the following: (1) a college readiness exam for high school	102754
juniors enrolled in Ohio secondary schools and (2) preparation,	102755
practice examinations, and diagnostics related to a college	102756
readiness exam, including, but not limited to, the PSAT, PLAN, and	102757
EXPLORE. The Superintendent shall develop a plan, to be approved	102758
by the Chancellor of the Board of Regents, to determine how to	102759
allocate these funds in a manner which maximizes the number of	102760
students who will be fully assessed for college readiness and in a	102761
manner which allows for pre-college level remediation at the	102762
earliest level possible. For examinations paid in whole or in part	102763
by these funds and where scores may be submitted to institutions	102764
of higher education, all students must submit their scores to the	102765
University System of Ohio. Upon approval by the Chancellor, the	102766
Superintendent shall submit the plan to the Controlling Board for	102767
approval.	102768

The Superintendent and the Chancellor jointly may negotiate	102769
terms to enter into contracts with providers of preparatory	102770
courses for the purpose of assisting students enrolled in Ohio	102771
secondary schools prepare for student assessments.	102772

Of the foregoing appropriation item 200437, Student	102773
Assessments, a portion may be used by the Superintendent of Public	102774
Instruction to reimburse public school districts for (1) a portion	102775
of costs associated with Advanced Placement testing and Advanced	102776
Placement programming, including teacher training, teaching	102777
materials, and student supplies and equipment and (2) a portion of	102778
costs associated with taking the International Baccalaureate	102779
Examination. The Superintendent shall develop a plan, to be	102780
approved by the Chancellor of the Board of Regents, to determine	102781
how to allocate these funds in a manner which maximizes the number	102782
of students who receive college credit through the Advanced	102783
Placement testing process. Upon approval by the Chancellor, the	102784
Superintendent shall submit the plan to the Controlling Board for	102785
approval.	102786

The remainder of appropriation item 200437, Student	102787
Assessment, shall be used to develop, field test, print,	102788
distribute, score, report results, and support other associated	102789
costs for the tests required under sections 3301.0710, 3301.0711,	102790
and 3301.0712 of the Revised Code and for similar purposes as	102791
required by section 3301.27 of the Revised Code. If funds remain	102792
in this appropriation after these purposes have been fulfilled,	102793
the Department may use the remainder of the appropriation to	102794
develop end-of-course exams.	102795

Section 265.20.20. ACCOUNTABILITY/REPORT CARDS

102796

Of the foregoing appropriation item 200439,	102797
Accountability/Report Cards, up to $2,378,976 in each fiscal year	102798
shall be used to train district and regional specialists and	102799
district educators in the use of the value-added progress	102800
dimension and in the use of data as it relates to improving	102801
student achievement. This funding shall be used in consultation	102802
with a credible nonprofit organization with expertise in	102803
value-added progress dimensions.	102804

The remainder of appropriation item 200439,	102805
Accountability/Report Cards, shall be used by the Department to	102806
incorporate a statewide pilot value-added progress dimension into	102807
performance ratings for school districts and for the development	102808
of an accountability system that includes the preparation and	102809
distribution of school report cards and funding and expenditure	102810
accountability reports under sections 3302.03 and 3302.031 of the	102811
Revised Code.	102812

CHILD CARE LICENSING

102813

The foregoing appropriation item 200442, Child Care	102814
Licensing, shall be used by the Department of Education to license	102815
and to inspect preschool and school-age child care programs under	102816
sections 3301.52 to 3301.59 of the Revised Code.	102817

Section 265.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

102818

The foregoing appropriation item 200446, Education Management	102819
Information System, shall be used by the Department of Education	102820
to improve the Education Management Information System (EMIS).	102821

Of the foregoing appropriation item 200446, Education	102822
Management Information System, up to $1,276,761 in each fiscal	102823
year shall be distributed to designated information technology	102824
centers for costs relating to processing, storing, and	102825
transferring data for the effective operation of the EMIS. These	102826
costs may include, but are not limited to, personnel, hardware,	102827
software development, communications connectivity, professional	102828
development, and support services, and to provide services to	102829
participate in the State Education Technology Plan developed under	102830
section 3353.09 of the Revised Code.	102831

Of the foregoing appropriation item 200446, Education	102832
Management Information System, up to $7,874,541 in each fiscal	102833
year shall be distributed on a per-pupil basis to school	102834
districts, community schools established under Chapter 3314. of	102835
the Revised Code, educational service centers, joint vocational	102836
school districts, and any other education entity that reports	102837
data through EMIS. From this funding, each school district or	102838
community school established under Chapter 3314. of the Revised	102839
Code with enrollment greater than 100 students and each vocational	102840
school district shall receive a minimum of $5,000 in each fiscal	102841
year. Each school district or community school established under	102842
Chapter 3314. of the Revised Code with enrollment between one and	102843
one hundred and each educational service center and each county	102844
board of MR/DD that submits data through EMIS shall receive	102845
$3,000 in each fiscal year. This subsidy shall be used for costs	102846
relating to reporting, processing, storing, transferring, and	102847
exchanging data necessary to meet requirements of the Department	102848
of Education's data system.	102849

The remainder of appropriation item 200446, Education	102850
Management Information System, shall be used to develop and	102851
support a common core of data definitions and standards as adopted	102852
by the Education Management Information System Advisory Board,	102853
including the ongoing development and maintenance of the data	102854
dictionary and data warehouse. In addition, such funds shall be	102855
used to support the development and implementation of data	102856
standards and the design, development, and implementation of a new	102857
data exchange system.	102858

Any provider of software meeting the standards approved by	102859
the Education Management Information System Advisory Board shall	102860
be designated as an approved vendor and may enter into contracts	102861
with local school districts, community schools, information	102862
technology centers, or other educational entities for the purpose	102863
of collecting and managing data required under Ohio's education	102864
management information system (EMIS) laws. On an annual basis, the	102865
Department of Education shall convene an advisory group of school	102866
districts, community schools, and other education-related entities	102867
to review the Education Management Information System data	102868
definitions and data format standards. The advisory group shall	102869
recommend changes and enhancements based upon surveys of its	102870
members, education agencies in other states, and current industry	102871
practices, to reflect best practices, align with federal	102872
initiatives, and meet the needs of school districts.	102873

School districts and community schools not implementing a	102874
common and uniform set of data definitions and data format	102875
standards for Education Management Information System purposes	102876
shall have all EMIS funding withheld until they are in compliance.	102877

Section 265.20.40. GED TESTING

102878

The foregoing appropriation item 200447, GED Testing, shall	102879
be used to provide General Educational Development (GED) testing	102880
at no cost to applicants, under rules adopted by the State Board	102881
of Education. The Department of Education may reimburse in fiscal	102882
year 2010 school districts and community schools, created under	102883
Chapter 3314. of the Revised Code, for a portion of the costs	102884
incurred in providing summer instructional or intervention	102885
services to students who have not graduated because of their	102886
inability to pass one or more parts of the state's Ohio	102887
Graduation Test. School districts shall also provide such services	102888
to students who are residents of the district under section	102889
3313.64 of the Revised Code, but who are enrolled in chartered,	102890
nonpublic schools. The services shall be provided in the public	102891
school, in nonpublic schools, in public centers, or in mobile	102892
units located on or off the nonpublic school premises. No school	102893
district shall provide summer instructional or intervention	102894
services to nonpublic school students as authorized by this	102895
section unless such services are available to students attending	102896
the public schools within the district. No school district shall	102897
provide services for use in religious courses, devotional	102898
exercises, religious training, or any other religious activity.	102899
Chartered, nonpublic schools shall pay for any unreimbursed costs	102900
incurred by school districts for providing summer instruction or	102901
intervention services to students enrolled in chartered,	102902
nonpublic schools. School districts may provide these services to	102903
students directly or contract with postsecondary or nonprofit	102904
community-based institutions in providing instruction.	102905

Section 265.20.50. EDUCATOR PREPARATION

102906

Of the foregoing appropriation item 200448, Educator	102907
Preparation, $50,000 in each fiscal year shall be used for the	102908
Ohio University Leadership Project.	102909

Of the foregoing appropriation item 200448, Educator	102910
Preparation, up to $350,000 in each fiscal year shall be used for	102911
training and professional development of school administrators,	102912
school treasurers, and school business officials.	102913

The remainder of appropriation item 200448, Educator	102914
Preparation, may be used by the Department to support the Educator	102915
Standards Board under section 3319.61 of the Revised Code as it	102916
develops and recommends to the State Board of Education standards	102917
for educator training and standards for teacher and other school	102918
leadership positions. Also, any remaining funds may be used by the	102919
Department to develop alternative preparation programs for school	102920
leaders and coordination of a career ladder for teachers.	102921

Section 265.20.60. COMMUNITY SCHOOLS

102922

Of the foregoing appropriation item 200455, Community	102923
Schools, up to $1,308,661 in each fiscal year may be used by the	102924
Department of Education for additional services and	102925
responsibilities under section 3314.11 of the Revised Code.	102926

Of the foregoing appropriation item 200455, Community	102927
Schools, up to $225,000 in each fiscal year may be used by the	102928
Department of Education for developing and conducting training	102929
sessions for community schools and sponsors and prospective	102930
sponsors of community schools as prescribed in division (A)(1) of	102931
section 3314.015 of the Revised Code. In developing the training	102932
sessions, the Department shall collect and disseminate examples	102933
of best practices used by sponsors of independent charter schools	102934
in Ohio and other states.	102935

STEM INITIATIVES

102936

The foregoing appropriation item 200457, STEM Initiatives,	102937
shall be used for initiatives that support innovative mathematics	102938
and science education and mathematics and science professional	102939
development for teachers. Such initiatives shall be connected to	102940
and leveraged against Ohio's portfolio of STEM education	102941
initiatives including STEM schools, STEM Programs of Excellence,	102942
and STEM Centers that are positioned to enhance teacher	102943
preparation and professional development through the use of	102944
professional practice on-site laboratories, teacher-in-residence	102945
programs, master teacher and apprentice models, and STEM teaching	102946
fellowships.	102947

Section 265.20.70. PUPIL TRANSPORTATION

102948

Of the foregoing appropriation item 200502, Pupil	102949
Transportation, up to $838,930 in each fiscal year may be used by	102950
the Department of Education for training prospective and	102951
experienced school bus drivers in accordance with training	102952
programs prescribed by the Department. Up to $60,469,220 in each	102953
fiscal year may be used by the Department of Education for	102954
special education transportation reimbursements to school	102955
districts and county MR/DD boards for transportation operating	102956
costs as provided in division (J) of section 3317.024 of the	102957
Revised Code. The remainder of appropriation item 200502, Pupil	102958
Transportation, shall be used for the state reimbursement of	102959
public school districts' costs in transporting pupils to and from	102960
the school they attend in accordance with the district's policy,	102961
State Board of Education standards, and division (J) of section	102962
3306.12 of the Revised Code.	102963

Of the foregoing appropriation item 200502, Pupil	102964
Transportation, $376,914,469 in each fiscal year shall be used to	102965
calculate the prorated portion of transportation aid to school	102966
districts and shall be distributed as provided by division (L)(1)	102967
of section 3306.12 of the Revised Code. The remainder shall be	102968
used for additional transportation aid for school districts as	102969
provided by division (L)(2) of section 3306.12 of the Revised	102970
Code.	102971

Section 265.20.80. BUS PURCHASE ALLOWANCE

102972

The foregoing appropriation item 200503, Bus Purchase	102973
Allowance, shall be distributed to school districts, educational	102974
service centers, and county MR/DD boards pursuant to rules adopted	102975
under section 3317.07 of the Revised Code. Up to 28 per cent of	102976
the amount appropriated may be used to reimburse school districts	102977
and educational service centers for the purchase of buses to	102978
transport students with disabilities and nonpublic school students	102979
and to county MR/DD boards, the Ohio School for the Deaf, and the	102980
Ohio School for the Blind for the purchase of buses to transport	102981
students with disabilities.	102982

SCHOOL LUNCH MATCH

102983

The foregoing appropriation item 200505, School Lunch Match,	102984
shall be used to provide matching funds to obtain federal funds	102985
for the school lunch program.	102986

Any remaining appropriation after providing matching funds	102987
for the school lunch program shall be used to partially reimburse	102988
school buildings within school districts that are required to have	102989
a school breakfast program under section 3313.813 of the Revised	102990
Code, at a rate decided by the Department.	102991

Section 265.20.90. AUXILIARY SERVICES

102992

The foregoing appropriation item 200511, Auxiliary Services,	102993
shall be used by the Department of Education for the purpose of	102994
implementing section 3317.06 of the Revised Code. Of the	102995
appropriation, up to $2,121,800 in each fiscal year may be used	102996
for payment of the Post-Secondary Enrollment Options Program for	102997
nonpublic students. Notwithstanding section 3365.10 of the	102998
Revised Code, the Department shall distribute funding according	102999
to rules adopted by the Department in accordance with Chapter 119.	103000
of the Revised Code.	103001

Section 265.20.95. GIFTED PUPIL PROGRAM

103002

The foregoing appropriation item 200521, Gifted Pupil	103003
Program, shall be used by the Department of Education to fund the	103004
Summer Honors Institute, including funding for the Martin Essex	103005
Program, which shall be awarded through a request for proposals	103006
process.	103007

Section 265.30.10. NONPUBLIC ADMINISTRATIVE COST	103008
REIMBURSEMENT	103009

The foregoing appropriation item 200532, Nonpublic	103010
Administrative Cost Reimbursement, shall be used by the Department	103011
of Education for the purpose of implementing section 3317.063 of	103012
the Revised Code.	103013

Section 265.30.20. SPECIAL EDUCATION ENHANCEMENTS

103014

Of the foregoing appropriation item 200540, Special Education	103015
Enhancements, up to $2,906,875 in each fiscal year shall be used	103016
for home instruction for children with disabilities.	103017

Of the foregoing appropriation item 200540, Special Education	103018
Enhancements, up to $47,518,582 in fiscal year 2010 and up to	103019
$48,421,435 in fiscal year 2011 shall be used to fund special	103020
education and related services at county boards of mental	103021
retardation and developmental disabilities for eligible students	103022
under section 3317.20 of the Revised Code and at institutions for	103023
eligible students under section 3317.201 of the Revised Code.	103024
Notwithstanding the distribution formulas under sections 3317.20	103025
and 3317.201 of the Revised Code, funding for MR/DD boards and	103026
institutions in fiscal year 2010 and fiscal year 2011 shall be	103027
determined by inflating the per pupil amount received by each	103028
MR/DD board and institution in the prior fiscal year by 1.9 per	103029
cent and providing that inflated per pupil amount for each student	103030
served in the current fiscal year.	103031

Of the foregoing appropriation item 200540, Special Education	103032
Enhancements, $75,000 in each fiscal year shall be used for Leaf	103033
Lake/Geauga Educational Assistance Funding.	103034

Of the foregoing appropriation item 200540, Special Education	103035
Enhancements, $500,000 in each fiscal year shall be used to	103036
support the Bellefaire Jewish Children's Bureau.	103037

Of the foregoing appropriation item 200540, Special Education	103038
Enhancements, $650,000 in each fiscal year shall be used to	103039
support Project More for one-to-one reading mentoring.	103040

Of the foregoing appropriation item 200540, Special Education	103041
Enhancements, up to $1,500,000 in each fiscal year shall be used	103042
for parent mentoring programs.	103043

Of the foregoing appropriation item 200540, Special Education	103044
Enhancements, up to $2,783,396 in each fiscal year may be used for	103045
school psychology interns.	103046

The remainder of appropriation item 200540, Special Education	103047
Enhancements, shall be distributed by the Department of Education	103048
to county boards of mental retardation and developmental	103049
disabilities, educational service centers, and school districts	103050
for preschool special education units and preschool supervisory	103051
units under section 3317.052 of the Revised Code. To the greatest	103052
extent possible, the Department of Education shall allocate these	103053
units to school districts and educational service centers.	103054

The Department may reimburse county MR/DD boards, educational	103055
service centers, and school districts for services provided by	103056
instructional assistants, related services as defined in rule	103057
3301-51-11 of the Administrative Code, physical therapy services	103058
provided by a licensed physical therapist or physical therapist	103059
assistant under the supervision of a licensed physical therapist	103060
as required under Chapter 4755. of the Revised Code and Chapter	103061
4755-27 of the Administrative Code and occupational therapy	103062
services provided by a licensed occupational therapist or	103063
occupational therapy assistant under the supervision of a licensed	103064
occupational therapist as required under Chapter 4755. of the	103065
Revised Code and Chapter 4755-7 of the Administrative Code.	103066
Nothing in this section authorizes occupational therapy assistants	103067
or physical therapist assistants to generate or manage their own	103068
caseloads.	103069

The Department of Education shall require school districts,	103070
educational service centers, and county MR/DD boards serving	103071
preschool children with disabilities to document child progress	103072
using research-based indicators prescribed by the Department and	103073
report results annually. The reporting dates and method shall be	103074
determined by the Department.	103075

Section 265.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

103076

Of the foregoing appropriation item 200545, Career-Technical	103077
Education Enhancements, up to $2,633,531 in fiscal year 2010 and	103078
up to $2,683,568 in fiscal year 2011 shall be used to fund	103079
secondary career-technical education at institutions.	103080
Notwithstanding sections 3317.05, 3317.052, and 3317.053 of the	103081
Revised Code, the Department of Education shall distribute funding	103082
to institutions for career-technical programming on a grant basis.	103083

Of the foregoing appropriation item 200545, Career-Technical	103084
Education Enhancements, up to $2,228,281 in each fiscal year shall	103085
be used by the Department of Education to fund competitive grants	103086
to tech prep consortia that expand the number of students enrolled	103087
in tech prep programs. These grant funds shall be used to directly	103088
support expanded tech prep programs provided to students enrolled	103089
in school districts, including joint vocational school districts,	103090
and affiliated higher education institutions. This support may	103091
include the purchase of equipment.	103092

Of the foregoing appropriation item 200545, Career-Technical	103093
Education Enhancements, up to $2,890,850 in each fiscal year shall	103094
be used by the Department of Education to support existing High	103095
Schools That Work (HSTW) sites, develop and support new sites,	103096
fund technical assistance, and support regional centers and middle	103097
school programs. The purpose of HSTW is to combine challenging	103098
academic courses and modern career-technical studies to raise the	103099
academic achievement of students. HSTW provides intensive	103100
technical assistance, focused staff development, targeted	103101
assessment services, and ongoing communications and networking	103102
opportunities.	103103

Section 265.30.40. FOUNDATION FUNDING

103104

The foregoing appropriation item 200550, Foundation Funding,	103105
includes $75,000,000 in each fiscal year for the state education	103106
aid offset due to the change in public utility valuation as a	103107
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	103108
General Assembly. This amount represents the total state education	103109
aid offset due to the valuation change for school districts and	103110
joint vocational school districts from all relevant appropriation	103111
line item sources. Upon certification by the Department of	103112
Education, in consultation with the Department of Taxation, to the	103113
Director of Budget and Management of the actual state aid offset,	103114
the cash transfer from the School District Property Tax	103115
Replacement - Utility Fund (Fund 7053) to the General Revenue	103116
Fund shall be decreased or increased by the Director of Budget	103117
and Management to match the certification in accordance with	103118
section 5727.84 of the Revised Code.	103119

The foregoing appropriation item 200550, Foundation Funding,	103120
includes $106,768,866 in fiscal year 2010 and $238,511,467 in	103121
fiscal year 2011 for the state education aid offset because of the	103122
changes in tangible personal property valuation as a result of Am.	103123
Sub. H.B. 66 of the 126th General Assembly. This amount represents	103124
the total state education aid offset because of the valuation	103125
change for school districts and joint vocational school districts	103126
from all relevant appropriation item sources. Upon certification	103127
by the Department of Education of the actual state education aid	103128
offset to the Director of Budget and Management, the cash transfer	103129
from the School District Tangible Property Tax Replacement -	103130
Business Fund (Fund 7047) to the General Revenue Fund shall be	103131
decreased or increased by the Director of Budget and Management	103132
to match the certification in accordance with section 5751.21 of	103133
the Revised Code.	103134

Of the foregoing appropriation item 200550, Foundation	103135
Funding, up to $425,000 shall be expended in each fiscal year for	103136
court payments under section 2151.362 of the Revised Code and up	103137
to $15,000,000 in each fiscal year shall be reserved for payments	103138
under sections 3317.026, 3317.027, and 3317.028 of the Revised	103139
Code except that the Controlling Board may increase the	103140
$15,000,000 amount if presented with such a request from the	103141
Department of Education.	103142

Of the foregoing appropriation item 200550, Foundation	103143
Funding, up to $18,000,000 in fiscal year 2010 and $15,000,000 in	103144
fiscal year 2011 shall be used to provide additional state aid to	103145
school districts for special education students under division	103146
(C)(3) of section 3317.022 of the Revised Code, except that the	103147
Controlling Board may increase these amounts if presented with	103148
such a request from the Department of Education at the final	103149
meeting of the fiscal year; up to $2,000,000 in each fiscal year	103150
shall be reserved for Youth Services tuition payments under	103151
section 3317.024 of the Revised Code; up to $8,100,000 in each	103152
fiscal year shall be used to fund gifted education units at	103153
educational service centers under division (L) of section 3317.024	103154
of the Revised Code, notwithstanding division (D)(3) of section	103155
3317.018 of the Revised Code; and up to $47,000,000 in each	103156
fiscal year shall be reserved to fund the state reimbursement of	103157
educational service centers under section 3317.11 of the Revised	103158
Code and the section of this act entitled "EDUCATIONAL SERVICE	103159
CENTERS FUNDING."	103160

Of the foregoing appropriation item 200550, Foundation	103161
Funding, an amount shall be available in each fiscal year to be	103162
used by the Department of Education for transitional aid for	103163
school districts under section 3306.19 of the Revised Code.	103164

Of the foregoing appropriation item 200550, Foundation	103165
Funding, up to $1,000,000 in each fiscal year shall be used by the	103166
Department of Education for a program to pay for educational	103167
services for youth who have been assigned by a juvenile court or	103168
other authorized agency to any of the facilities described in	103169
division (A) of the section of this act entitled "PRIVATE	103170
TREATMENT FACILITY PROJECT."	103171

Of the foregoing appropriation item 200550, Foundation	103172
Funding, up to $8,686,000 in fiscal year 2010 and up to $8,722,860	103173
in fiscal year 2011 shall be used to operate the school choice	103174
program.	103175

Of the portion of the funds distributed to the Cleveland	103176
Municipal School District under this section, up to $11,901,887 in	103177
each fiscal year shall be used to operate the school choice	103178
program in the Cleveland Municipal School District under sections	103179
3313.974 to 3313.979 of the Revised Code. Notwithstanding	103180
divisions (B) and (C) of section 3313.978 and division (C) of	103181
section 3313.979 of the Revised Code, up to $1,000,000 in each	103182
fiscal year of this amount shall be used by the Cleveland	103183
Municipal School District to provide tutorial assistance as	103184
provided in division (H) of section 3313.974 of the Revised Code.	103185
The Cleveland Municipal School District shall report the use of	103186
these funds in the district's three-year continuous improvement	103187
plan as described in section 3302.04 of the Revised Code in a	103188
manner approved by the Department of Education.	103189

Of the foregoing appropriation item 200550, Foundation	103190
Funding, an amount shall be available in each fiscal year to be	103191
paid to joint vocational school districts in accordance with the	103192
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	103193
DISTRICTS."	103194

Of the foregoing appropriation item 200550, Foundation	103195
Funding, $100,000 in each fiscal year shall be used by the	103196
American Academy of Pediatrics for the Reach Out and Read Program.	103197

Of the foregoing appropriation item 200550, Foundation	103198
Funding, up to $500,000 shall be used in each fiscal year by the	103199
Department of Education to contract with the Children's Hunger	103200
Alliance to expand access to child nutrition programs consistent	103201
with the organization's continued ability to meet specified	103202
performance measures as detailed in the contract.	103203

Appropriation items 200455, Community Schools, 200502, Pupil	103204
Transportation, 200540, Special Education Enhancements, 200550,	103205
and Foundation Funding, 200551, Foundation Funding - Federal	103206
Stimulus, other than specific set-asides, are collectively used	103207
in each fiscal year to pay state formula aid obligations for	103208
school districts, community schools, and joint vocational school	103209
districts under this act and Chapter 3306. of the Revised Code.	103210
The first priority of these appropriation items, with the	103211
exception of specific set-asides, is to fund state formula aid	103212
obligations. It may be necessary to reallocate funds among these	103213
appropriation items or use excess funds from other general	103214
revenue fund appropriation items in the Department of	103215
Education's budget in each fiscal year, in order to meet state	103216
formula aid obligations. If it is determined that it is	103217
necessary to transfer funds among these appropriation items or to	103218
transfer funds from other General Revenue Fund appropriations in	103219
the Department of Education's budget to meet state formula aid	103220
obligations, the Department of Education shall seek approval from	103221
the Controlling Board to transfer funds as needed.	103222

Section 265.30.50. FUNDING FOR JOINT VOCATIONAL SCHOOL	103223
DISTRICTS	103224

(A) The Department of Education shall distribute funds within	103225
appropriation item 200550, Foundation Funding, for joint	103226
vocational funding in each fiscal year to each joint vocational	103227
school district that received joint vocational funding in fiscal	103228
year 2009. The Department shall distribute to each such district	103229
joint vocational funding in an amount equal to the district's	103230
joint vocational funding from the previous fiscal year inflated	103231
by 1.9 per cent.	103232

(B)(1) A district's fiscal year 2009 joint vocational	103233
funding equals the sum of the following, as reconciled by the	103234
Department:	103235

(a) Base-cost funding under division (B) of section 3317.16	103236
of the Revised Code;	103237

(b) Special education and related services additional	103238
weighted funding under division (D)(1) of section 3317.16 of the	103239
Revised Code;	103240

(c) Speech services funding under division (D)(2) of section	103241
3317.16 of the Revised Code;	103242

(d) Vocational education additional weighted funding under	103243
division (C) of section 3317.16 of the Revised Code;	103244

(e) GRADS funding under division (N) of section 3317.024 of	103245
the Revised Code;	103246

(f) Any transitional aid computed for the district under	103247
Section 269.30.90 of Am. Sub. H.B. 119 of the 127th General	103248
Assembly.	103249

(2) The joint vocational funding for each fiscal year for	103250
each district is the amount specified in division (A) or (B) of	103251
this section less any general revenue fund spending reductions	103252
ordered by the Governor under section 126.05 of the Revised Code.	103253

Section 265.30.60. TEACH OHIO

103254

Of the foregoing appropriation item 200555, Teach Ohio,	103255
$1,000,000 in each fiscal year shall be used to support the	103256
program established under division (A) of section 3333.39 of the	103257
Revised Code to encourage high school students interested in	103258
entering the teaching profession.	103259

The remainder of the appropriation shall be used to support	103260
alternative teacher licensure programs under section 3319.26 and	103261
division (C) of section 3333.39 of the Revised Code developed in	103262
partnership with the Department of Education, educational service	103263
centers, and institutions of higher education. Programs shall	103264
support teacher licensure in laboratory-based science, advanced	103265
mathematics, or foreign language at the secondary education level	103266
and employment with an Ohio school district designated by the	103267
Department as a hard-to-staff school. The programs shall be	103268
consistent with the State Board of Education's alternative	103269
licensure requirements.	103270

Section 265.30.70. VIOLENCE PREVENTION AND SCHOOL SAFETY

103271

Of the foregoing appropriation item 200578, Violence	103272
Prevention and School Safety, up to $224,250 in each fiscal year	103273
shall be used to fund a safe school center to provide resources	103274
for parents and for school and law enforcement personnel.	103275

The remainder of the appropriation shall be distributed based	103276
on guidelines developed by the Department of Education to enhance	103277
school safety. The guidelines shall provide a list of	103278
research-based best practices and programs from which local	103279
grantees shall select based on local needs. These practices shall	103280
include, but not be limited to, school resource officers and safe	103281
and drug free school coordinators and social-emotional development	103282
programs.	103283

NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER

103284

The foregoing appropriation item 200587, National Underground	103285
Railroad Freedom Center, shall be used by the Center for education	103286
programs.	103287

Section 265.30.80. PROPERTY TAX ALLOCATION - EDUCATION

103288

The Superintendent of Public Instruction shall not request,	103289
and the Controlling Board shall not approve, the transfer of	103290
appropriation from appropriation item 200901, Property Tax	103291
Allocation - Education, to any other appropriation item.	103292

The appropriation item 200901, Property Tax Allocation -	103293
Education, is appropriated to pay for the state's costs incurred	103294
because of the homestead exemption, the property tax rollback, and	103295
payments required under division (C) of section 5705.2110 of the	103296
Revised Code. In cooperation with the Department of Taxation, the	103297
Department of Education shall distribute these funds directly to	103298
the appropriate school districts of the state, notwithstanding	103299
sections 321.24 and 323.156 of the Revised Code, which provide for	103300
payment of the homestead exemption and property tax rollback by	103301
the Tax Commissioner to the appropriate county treasurer and the	103302
subsequent redistribution of these funds to the appropriate local	103303
taxing districts by the county auditor.	103304

Upon receipt of these amounts, each school district shall	103305
distribute the amount among the proper funds as if it had been	103306
paid as real or tangible personal property taxes. Payments for the	103307
costs of administration shall continue to be paid to the county	103308
treasurer and county auditor as provided for in sections 319.54,	103309
321.26, and 323.156 of the Revised Code.	103310

Any sums, in addition to the amount specifically appropriated	103311
in appropriation items 200901, Property Tax Allocation -	103312
Education, for the homestead exemption and the property tax	103313
rollback payments, and payments required under division (C) of	103314
section 5705.2110 of the Revised Code, which are determined to be	103315
necessary for these purposes, are hereby appropriated.	103316

Section 265.30.90. TEACHER CERTIFICATION AND LICENSURE

103317

The foregoing appropriation item 200681, Teacher	103318
Certification and Licensure, shall be used by the Department of	103319
Education in each year of the biennium to administer and support	103320
teacher certification and licensure activities.	103321

SCHOOL DISTRICT SOLVENCY ASSISTANCE

103322

Of the foregoing appropriation item 200687, School District	103323
Solvency Assistance, $9,000,000 in each fiscal year shall be	103324
allocated to the School District Shared Resource Account and	103325
$9,000,000 in each fiscal year shall be allocated to the	103326
Catastrophic Expenditures Account. These funds shall be used to	103327
provide assistance and grants to school districts to enable them	103328
to remain solvent under section 3316.20 of the Revised Code.	103329
Assistance and grants shall be subject to approval by the	103330
Controlling Board. Any required reimbursements from school	103331
districts for solvency assistance shall be made to the appropriate	103332
account in the School District Solvency Assistance Fund (Fund	103333
5H30).	103334

Notwithstanding any provision of law to the contrary, upon	103335
the request of the Superintendent of Public Instruction, the	103336
Director of Budget and Management may make transfers to the School	103337
District Solvency Assistance Fund (Fund 5H30) from any fund used	103338
by the Department of Education or the General Revenue Fund to	103339
maintain sufficient cash balances in Fund 5H30 in fiscal years	103340
2010 and 2011. Any cash transferred is hereby appropriated. The	103341
transferred cash may be used by the Department of Education to	103342
provide assistance and grants to school districts to enable them	103343
to remain solvent and to pay unforeseeable expenses of a	103344
temporary or emergency nature that the school district is unable	103345
to pay from existing resources. The Director of Budget and	103346
Management shall notify the members of the Controlling Board of	103347
any such transfers.	103348

Section 265.40.10. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

103349

Upon the request of the Superintendent of Public Instruction,	103350
the Director of Budget and Management may transfer up to $639,000	103351
cash in each fiscal year from the General Revenue Fund to the	103352
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	103353
transferred cash is to be used by the Department of Education to	103354
pay the expenses the Department incurs in administering the	103355
Medicaid School Component of the Medicaid program established	103356
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	103357
of each fiscal year, or as soon as possible thereafter, the	103358
Director of Budget and Management shall transfer cash from Fund	103359
3AF0 back to the General Revenue Fund in an amount equal to the	103360
total amount transferred to Fund 3AF0 in that fiscal year.	103361

The money deposited into Fund 3AF0 under division (B) of	103362
section 5111.714 of the Revised Code is hereby appropriated for	103363
fiscal years 2010 and 2011 and shall be used in accordance with	103364
division (D) of section 5111.714 of the Revised Code.	103365

Section 265.40.20. READING FIRST

103366

The foregoing appropriation item 200632, Reading First,	103367
shall be used by school districts to administer federal diagnostic	103368
tests as well as other functions permitted by federal statute.	103369
Notwithstanding section 3301.079 of the Revised Code, federal	103370
diagnostic tests may be recognized as meeting the state diagnostic	103371
testing requirements outlined in section 3301.079 of the Revised	103372
Code.	103373

HALF-MILL MAINTENANCE EQUALIZATION

103374

The foregoing appropriation item 200626, Half-Mill	103375
Maintenance Equalization, shall be used to make payments pursuant	103376
to section 3318.18 of the Revised Code.	103377

Section 265.40.30. START-UP FUNDS

103378

Funds appropriated for the purpose of providing start-up	103379
grants to Title IV-A Head Start and Title IV-A Head Start Plus	103380
agencies in fiscal year 2004 and fiscal year 2005 for the	103381
provision of services to children eligible for Title IV-A services	103382
under the Title IV-A Head Start or Title IV-A Head Start Plus	103383
programs shall be reimbursed to the General Revenue Fund as	103384
follows:	103385

(A) If, for fiscal years 2010 or 2011, an entity that was a	103386
Title IV-A Head Start or Title IV-A Head Start Plus agency will	103387
not be an early learning agency or early learning provider, the	103388
entity shall repay the entire amount of the start-up grant it	103389
received in fiscal year 2004 and fiscal year 2005 not later than	103390
June 30, 2019, in accordance with a payment schedule agreed to	103391
by the Department of Education.	103392

(B) If an entity that was a Title IV-A Head Start or Title	103393
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	103394
2005 will be an early learning agency or early learning provider	103395
in fiscal year 2010 and fiscal year 2011, the entity shall be	103396
allowed to retain any amount of the start-up grant it received,	103397
unless division (D) of this section applies to the entity. In that	103398
case, the entity shall repay the entire amount of the obligation	103399
described in that division not later than June 30, 2019.	103400

(C) Within ninety days after the closure of an early learning	103401
agency or early learning provider that was a Title IV-A Head Start	103402
Plus agency in fiscal year 2004 or fiscal year 2005, the former	103403
Title IV-A Head Start agencies, Title IV-A Head Start Plus	103404
agencies, and the Department of Education shall determine the	103405
repayment schedule for amounts owed under division (A) of this	103406
section. These amounts shall be paid to the state not later than	103407
June 30, 2019.	103408

(D) If an entity that was a Title IV-A Head Start or Title	103409
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	103410
2005 owed the state any portion of the start-up grant amount	103411
during fiscal year 2006 or fiscal year 2007 but failed to repay	103412
the entire amount of the obligation by June 30, 2007, the entity	103413
shall be given an extension for repayment through June 30, 2019,	103414
before any amounts remaining due and payable to the state are	103415
referred to the Attorney General for collection under section	103416
131.02 of the Revised Code.	103417

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	103418
start-up grants that are retained by early learning agencies or	103419
early learning providers pursuant to this section shall be	103420
reimbursed to the General Revenue Fund when the early learning	103421
program ceases or is no longer funded from Title IV-A or if an	103422
early learning agency's or early learning provider's participation	103423
in the early learning program ceases or is terminated.	103424

Section 265.40.40. AUXILIARY SERVICES REIMBURSEMENT

103425

Notwithstanding section 3317.064 of the Revised Code, if the	103426
unexpended, unencumbered cash balance is sufficient, the Treasurer	103427
of State shall transfer $1,500,000 in fiscal year 2010 within	103428
thirty days after the effective date of this section, and	103429
$1,500,000 in fiscal year 2011 by August 1, 2010, from the	103430
Auxiliary Services Personnel Unemployment Compensation Fund to the	103431
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	103432
Department of Education.	103433

Section 265.40.50. LOTTERY PROFITS EDUCATION FUND

103434

Appropriation item 200612, Foundation Funding (Fund 7017),	103435
shall be used in conjunction with appropriation item 200550,	103436
Foundation Funding (GRF), to provide payments to school districts	103437
under Chapter 3306. of the Revised Code.	103438

The Department of Education, with the approval of the	103439
Director of Budget and Management, shall determine the monthly	103440
distribution schedules of appropriation item 200550, Foundation	103441
Funding (GRF), and appropriation item 200612, Foundation Funding	103442
(Fund 7017). If adjustments to the monthly distribution schedule	103443
are necessary, the Department of Education shall make such	103444
adjustments with the approval of the Director of Budget and	103445
Management.	103446

Section 265.40.60. LOTTERY PROFITS EDUCATION RESERVE FUND

103447

(A) There is hereby created the Lottery Profits Education	103448
Reserve Fund (Fund 7018) in the State Treasury. Investment	103449
earnings of the Lottery Profits Education Reserve Fund shall be	103450
credited to the fund. The Superintendent of Public Instruction may	103451
certify cash balances exceeding $75,000,000 in Fund 7018 to the	103452
Director of Budget and Management in June of any given fiscal	103453
year. Prior to making the certification, the Superintendent of	103454
Public Instruction shall determine whether the funds above the	103455
$75,000,000 threshold are needed to help pay for foundation	103456
program obligations for that fiscal year under Chapter 3306. of	103457
the Revised Code.	103458

For fiscal years 2010 and 2011, notwithstanding any	103459
provisions of law to the contrary, amounts necessary to make loans	103460
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	103461
Revised Code are hereby appropriated to Fund 7018. Loan repayments	103462
from loans made in previous years shall be deposited to the	103463
fund.	103464

(B) On July 15, 2009, or as soon as possible thereafter, the	103465
Director of the Ohio Lottery Commission shall certify to the	103466
Director of Budget and Management the amount by which lottery	103467
profit transfers received by the Lottery Profits Education Fund	103468
(Fund 7017) exceeded $667,900,000 in fiscal year 2009. The	103469
Director of Budget and Management may transfer the amount so	103470
certified, plus the cash balance in Fund 7017, to Fund 7018.	103471

(C) On July 15, 2010, or as soon as possible thereafter, the	103472
Director of the Ohio Lottery Commission shall certify to the	103473
Director of Budget and Management the amount by which lottery	103474
profit transfers received by Fund 7017 exceeded $705,000,000 in	103475
fiscal year 2010. The Director of Budget and Management may	103476
transfer the amount so certified, plus the cash balance in Fund	103477
7017, to Fund 7018.	103478

(D) Any amounts transferred under division (B) or (C) of this	103479
section may be made available by the Controlling Board in fiscal	103480
years 2010 or 2011, at the request of the Superintendent of Public	103481
Instruction, to provide assistance and grants to school districts	103482
to enable them to remain solvent and to pay unforeseeable expenses	103483
of a temporary or emergency nature that they are unable to pay	103484
from existing resources under section 3316.20 of the Revised Code,	103485
and to provide payments to school districts under Chapter 3306. of	103486
the Revised Code.	103487

Section 265.40.70. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	103488
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	103489

Notwithstanding any provision of law to the contrary, in	103490
fiscal year 2010 and fiscal year 2011 the Director of Budget and	103491
Management may make temporary transfers between the General	103492
Revenue Fund and the School District Property Tax Replacement –	103493
Business Fund (Fund 7047) in the Department of Education to ensure	103494
sufficient balances in Fund 7047 and to replenish the General	103495
Revenue Fund for such transfers.	103496

Section 265.40.80. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	103497
BUSINESS	103498

The foregoing appropriation item 200909, School District	103499
Property Tax Replacement – Business, shall be used by the	103500
Department of Education, in consultation with the Department of	103501
Taxation, to make payments to school districts and joint	103502
vocational school districts under section 5751.21 of the Revised	103503
Code. If it is determined by the Director of Budget and	103504
Management that additional appropriations are necessary for this	103505
purpose, such amounts are hereby appropriated.	103506

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

103507

The foregoing appropriation item 200900, School District	103508
Property Tax Replacement-Utility, shall be used by the Department	103509
of Education, in consultation with the Department of Taxation, to	103510
make payments to school districts and joint vocational school	103511
districts under section 5727.85 of the Revised Code. If it is	103512
determined by the Director of Budget and Management that	103513
additional appropriations are necessary for this purpose, such	103514
amounts are hereby appropriated.	103515

DISTRIBUTION FORMULAS

103516

The Department of Education shall report the following to the	103517
Director of Budget and Management and the Legislative Service	103518
Commission:	103519

(A) Changes in formulas for distributing state	103520
appropriations, including administratively defined formula	103521
factors;	103522

(B) Discretionary changes in formulas for distributing	103523
federal appropriations;	103524

(C) Federally mandated changes in formulas for distributing	103525
federal appropriations.	103526

Any such changes shall be reported two weeks prior to the	103527
effective date of the change.	103528

Section 265.50.10. EDUCATIONAL SERVICE CENTERS FUNDING

103529

(A) As used in this section:

103530

(1) "Internet- or computer-based community school" has the	103531
same meaning as in section 3314.02 of the Revised Code.	103532

(2) "Service center ADM" has the same meaning as in section	103533
3317.11 of the Revised Code.	103534

(3) "STEM school" means a science, technology, engineering,	103535
and mathematics school established under Chapter 3326. of the	103536
Revised Code.	103537

(B) Notwithstanding division (F) of section 3317.11 of the	103538
Revised Code, no funds shall be provided under that division to an	103539
educational service center in either fiscal year for any pupils of	103540
a city or exempted village school district unless an agreement to	103541
provide services under section 3313.843 of the Revised Code was	103542
entered into by January 1, 1997, except that funds shall be	103543
provided to an educational service center for any pupils of a city	103544
school district if the agreement to provide services was entered	103545
into within one year of the date upon which such district changed	103546
from a local school district to a city school district.	103547

If an educational service center that entered into an	103548
agreement by January 1, 1997, with a city or exempted village	103549
school district to provide services under section 3313.843 of the	103550
Revised Code ceases to operate because all of the local school	103551
districts that constituted the territory of the service center	103552
have severed from the service center pursuant to section 3311.059	103553
of the Revised Code, another educational service center, by	103554
resolution of its governing board, may assume the obligations of	103555
the original service center to provide services to the city or	103556
exempted village school district under that agreement. If that	103557
other service center assumes those obligations to provide services	103558
to the city or exempted village school district, that service	103559
center shall be considered to be the service center that entered	103560
into the agreement by January 1, 1997, and, accordingly, may	103561
receive funds under division (F) of section 3317.11 of the Revised	103562
Code in accordance with this section in fiscal years 2010 and 2011	103563
for pupils of that city or exempted village school district.	103564

(C) Notwithstanding any provision of the Revised Code to the	103565
contrary, an educational service center that sponsors a community	103566
school under Chapter 3314. of the Revised Code in either fiscal	103567
year may include the students of that community school in its	103568
service center ADM for purposes of state funding under division	103569
(F) of section 3317.11 of the Revised Code, unless the community	103570
school is an Internet- or computer-based community school. A	103571
service center shall include the community school students in its	103572
service center ADM only to the extent that the students are not	103573
already so included, and only in accordance with guidelines issued	103574
by the Department of Education. If the students of a community	103575
school sponsored by an educational service center are included in	103576
the service center ADM of another educational service center,	103577
those students shall be removed from the service center ADM of the	103578
other educational service center and added to the service center	103579
ADM of the community school's sponsoring service center. The	103580
General Assembly authorizes this procedure as an incentive for	103581
educational service centers to take over sponsorship of community	103582
schools from the State Board of Education as the State Board's	103583
sponsorship is phased out in accordance with Sub. H.B. 364 of the	103584
124th General Assembly. No student of an Internet- or	103585
computer-based community school shall be counted in the service	103586
center ADM of any educational service center. The Department shall	103587
pay educational service centers under division (F) of section	103588
3317.11 of the Revised Code for community school students included	103589
in their service center ADMs under this division only if	103590
sufficient funds earmarked within appropriation item 200550,	103591
Foundation Funding, for payments under that division remain after	103592
first paying for students attributable to their local and client	103593
school districts, in accordance with divisions (B) and (E) of this	103594
section.	103595

(D) Notwithstanding division (C) of section 3326.45 of the	103596
Revised Code, the Department shall pay educational service centers	103597
under division (H) of section 3317.11 of the Revised Code for	103598
services provided to STEM schools only if sufficient funds	103599
earmarked within appropriation item 200550, Foundation Funding,	103600
for payments under that division remain after first paying for	103601
students attributable to the local and client school districts of	103602
the service centers and for community school students in their	103603
service center ADMs, in accordance with divisions (B), (C), and	103604
(E) of this section.	103605

(E) If insufficient funds are earmarked within appropriation	103606
item 200550, Foundation Funding, for payments under divisions (F)	103607
and (H) of section 3317.11 of the Revised Code and division (C) of	103608
this section in fiscal year 2010 or fiscal year 2011, the	103609
Department shall prioritize the distribution of the earmarked	103610
funds as follows:	103611

(1) The Department shall first distribute to each educational	103612
service center the per-student amount specified in division (F) of	103613
section 3317.11 of the Revised Code for each student in its	103614
service center ADM attributable to the local school districts	103615
within the service center's territory.	103616

(2) The Department shall distribute the remaining funds in	103617
each fiscal year to each educational service center for the	103618
students in its service center ADM attributable to each city and	103619
exempted village school district that had entered into an	103620
agreement with an educational service center for that fiscal year	103621
under section 3313.843 of the Revised Code by January 1, 1997, up	103622
to the per-student amount specified in division (F) of section	103623
3317.11 of the Revised Code. If insufficient funds remain to pay	103624
each service center the full amount specified in division (F) of	103625
that section for each such student, the Department shall	103626
distribute the remaining funds to each service center	103627
proportionally, on a per-student basis for each such student,	103628
unless that proportional per-student amount exceeds the amount	103629
specified in division (F)(1) of that section. In that case, the	103630
Department shall distribute the per-student amount specified in	103631
division (F)(1) of that section to each service center for each	103632
such student and shall distribute the remainder proportionally, on	103633
a per-student basis for each such student, to the multicounty	103634
service centers described in division (F)(2) of that section.	103635

(3) If the Department has paid each service center under	103636
divisions (E)(1) and (2) of this section the full amount specified	103637
in division (F) of section 3317.11 of the Revised Code for each	103638
student attributable to its local school districts and its client	103639
school districts described in division (E)(2) of this section, the	103640
Department shall distribute any remaining funds proportionally, on	103641
a per-student basis, to each service center that sponsors a	103642
community school, other than an Internet- or computer-based	103643
community school, for the students included in the service center	103644
ADM under division (C) of this section. These payments shall not	103645
exceed per student the amount specified in division (F) of section	103646
3317.11 of the Revised Code.	103647

(4) If the Department has paid each educational service	103648
center that sponsors a community school, other than an Internet-	103649
or computer-based community school, the full amount specified in	103650
division (F) of section 3317.11 of the Revised Code for each	103651
community school student included in the service center ADM under	103652
division (C) of this section, the Department shall distribute any	103653
remaining funds to each service center that is owed money under	103654
division (H) of section 3317.11 of the Revised Code for services	103655
provided to a STEM school. If insufficient funds remain to pay	103656
each service center the full amount calculated for it under	103657
division (H) of section 3317.11 of the Revised Code, the	103658
Department shall distribute the remaining funds proportionally, on	103659
a per-student basis, to each service center owed money under that	103660
division, unless that proportional per-student amount exceeds the	103661
per-student amount specified in any service center's contract	103662
entered into under section 3326.45 of the Revised Code. In that	103663
case, the Department shall distribute the lowest per-student	103664
amount specified in the service center contracts entered into	103665
under that section to each service center owed money under	103666
division (H) of section 3317.11 of the Revised Code and shall	103667
distribute the remainder proportionally, on a per-student basis,	103668
to service centers with contracts under section 3326.45 of the	103669
Revised Code that specify higher per-student amounts, but in no	103670
case shall the payments to any service center exceed the	103671
per-student amount specified in the service center's contract with	103672
the STEM school.	103673

Section 265.50.20. WAIVER OF PUPIL TO TEACHER RATIO

103674

For the school year commencing July 1, 2009, or the school	103675
year commencing July 1, 2010, or both, the Superintendent of	103676
Public Instruction may waive for the board of education of any	103677
school district the ratio of teachers to pupils in kindergarten	103678
through fourth grade required under paragraph (A)(3) of rule	103679
3301-35-05 of the Administrative Code if the following conditions	103680
apply:	103681

(A) The board of education requests the waiver.

103682

(B) After the Department of Education conducts an on-site	103683
evaluation of the district related to meeting the required ratio,	103684
the board of education demonstrates to the satisfaction of the	103685
Superintendent of Public Instruction that providing the facilities	103686
necessary to meet the required ratio during the district's regular	103687
school hours with pupils in attendance would impose an extreme	103688
hardship on the district.	103689

(C) The board of education provides assurances that are	103690
satisfactory to the Superintendent of Public Instruction that the	103691
board will act in good faith to meet the required ratio as soon as	103692
possible.	103693

Section 265.50.30. PRIVATE TREATMENT FACILITY PROJECT

103694

(A) As used in this section:

103695

(1) The following are "participating residential treatment	103696
centers":	103697

(a) Private residential treatment facilities that have	103698
entered into a contract with the Department of Youth Services to	103699
provide services to children placed at the facility by the	103700
Department and which, in fiscal year 2010 or fiscal year 2011 or	103701
both, the Department pays through appropriation item 470401,	103702
RECLAIM Ohio;	103703

(b) Abraxas, in Shelby;

103704

103705

(d) Act One, in Akron;

103706

(e) F.I.R.S.T., in Mansfield.

103707

(2) "Education program" means an elementary or secondary	103708
education program or a special education program and related	103709
services.	103710

(3) "Served child" means any child receiving an education	103711
program pursuant to division (B) of this section.	103712

(4) "School district responsible for tuition" means a city,	103713
exempted village, or local school district that, if tuition	103714
payment for a child by a school district is required under law	103715
that existed in fiscal year 1998, is the school district required	103716
to pay that tuition.	103717

(5) "Residential child" means a child who resides in a	103718
participating residential treatment center and who is receiving an	103719
educational program under division (B) of this section.	103720

(B) A youth who is a resident of the state and has been	103721
assigned by a juvenile court or other authorized agency to a	103722
residential treatment facility specified in division (A) of this	103723
section shall be enrolled in an approved educational program	103724
located in or near the facility. Approval of the educational	103725
program shall be contingent upon compliance with the criteria	103726
established for such programs by the Department of Education. The	103727
educational program shall be provided by a school district or	103728
educational service center, or by the residential facility itself.	103729
Maximum flexibility shall be given to the residential treatment	103730
facility to determine the provider. In the event that a voluntary	103731
agreement cannot be reached and the residential facility does not	103732
choose to provide the educational program, the educational service	103733
center in the county in which the facility is located shall	103734
provide the educational program at the treatment center to	103735
children under twenty-two years of age residing in the treatment	103736
center.	103737

(C) Any school district responsible for tuition for a	103738
residential child shall, notwithstanding any conflicting provision	103739
of the Revised Code regarding tuition payment, pay tuition for the	103740
child for fiscal year 2010 and fiscal year 2011 to the education	103741
program provider and in the amount specified in this division. If	103742
there is no school district responsible for tuition for a	103743
residential child and if the participating residential treatment	103744
center to which the child is assigned is located in the city,	103745
exempted village, or local school district that, if the child were	103746
not a resident of that treatment center, would be the school	103747
district where the child is entitled to attend school under	103748
sections 3313.64 and 3313.65 of the Revised Code, that school	103749
district, notwithstanding any conflicting provision of the Revised	103750
Code, shall pay tuition for the child for fiscal year 2010 and	103751
fiscal year 2011 under this division unless that school district	103752
is providing the educational program to the child under division	103753
(B) of this section.	103754

A tuition payment under this division shall be made to the	103755
school district, educational service center, or residential	103756
treatment facility providing the educational program to the child.	103757

The amount of tuition paid shall be:

103758

(1) The amount of tuition determined for the district under	103759
division (A) of section 3317.08 of the Revised Code;	103760

(2) In addition, for any student receiving special education	103761
pursuant to an individualized education program as defined in	103762
section 3323.01 of the Revised Code, a payment for excess costs.	103763
This payment shall equal the actual cost to the school district,	103764
educational service center, or residential treatment facility of	103765
providing special education and related services to the student	103766
pursuant to the student's individualized education program, minus	103767
the tuition paid for the child under division (C)(1) of this	103768
section.	103769

A school district paying tuition under this division shall	103770
not include the child for whom tuition is paid in the district's	103771
average daily membership certified under division (A) of section	103772
3317.03 of the Revised Code.	103773

(D) In each of fiscal years 2010 and 2011, the Department of	103774
Education shall reimburse, from appropriations made for the	103775
purpose, a school district, educational service center, or	103776
residential treatment facility, whichever is providing the	103777
service, that has demonstrated that it is in compliance with the	103778
funding criteria for each served child for whom a school district	103779
must pay tuition under division (C) of this section. The amount of	103780
the reimbursement shall be the amount appropriated for this	103781
purpose divided by the full-time equivalent number of children for	103782
whom reimbursement is to be made.	103783

(E) Funds provided to a school district, educational service	103784
center, or residential treatment facility under this section shall	103785
be used to supplement, not supplant, funds from other public	103786
sources for which the school district, service center, or	103787
residential treatment facility is entitled or eligible.	103788

(F) The Department of Education shall track the utilization	103789
of funds provided to school districts, educational service	103790
centers, and residential treatment facilities under this section	103791
and monitor the effect of the funding on the educational programs	103792
they provide in participating residential treatment facilities.	103793
The Department shall monitor the programs for educational	103794
accountability.	103795

Section 265.50.40. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	103796
ASSESSMENT OF EDUCATION PROGRESS	103797

The General Assembly intends for the Superintendent of Public	103798
Instruction to provide for school district participation in the	103799
administration of the National Assessment of Education Progress in	103800
accordance with section 3301.27 of the Revised Code. Each school	103801
and school district selected for participation by the	103802
Superintendent of Public Instruction shall participate.	103803

Section 265.50.50. DEPARTMENT OF EDUCATION APPROPRIATION	103804
TRANSFERS FOR STUDENT ASSESSMENT	103805

In fiscal year 2010 and fiscal year 2011, if the	103806
Superintendent of Public Instruction determines that additional	103807
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	103808
of the 125th General Assembly and this act for assessments of	103809
student performance, the Superintendent of Public Instruction may	103810
recommend the reallocation of unexpended and unencumbered General	103811
Revenue Fund appropriations within the Department of Education to	103812
appropriation item 200437, Student Assessment, to the Director of	103813
Budget and Management. If the Director of Budget and Management	103814
determines that such a reallocation is required, the Director of	103815
Budget and Management may transfer unexpended and unencumbered	103816
appropriations within the Department of Education as necessary to	103817
appropriation item 200437, Student Assessment. If these	103818
transferred appropriations are not sufficient to fully fund the	103819
assessment requirements in fiscal year 2010 or fiscal year 2011,	103820
the Superintendent of Public Instruction may request that the	103821
Controlling Board transfer up to $9,000,000 cash from the Lottery	103822
Profits Education Reserve Fund (Fund 7018) to the General Revenue	103823
Fund. Upon approval of the Controlling Board, these transferred	103824
funds are hereby appropriated for the same purpose as	103825
appropriation item 200437, Student Assessment.	103826

Section 265.50.55. TRANSFER AND ADJUSTMENT OF ARRA STATE	103827
FISCAL STABILIZATION FUND APPROPRIATIONS	103828

The Director of Budget and Management may transfer	103829
appropriation between appropriation items 200550, Foundation	103830
Funding, and 200551, Foundation Funding – Federal Stimulus, in	103831
each fiscal year, upon the written request of the Superintendent	103832
of Public Instruction, including transferring appropriation	103833
between fiscal year 2010 and fiscal year 2011. The Director shall	103834
report each transfer made under this section to the Controlling	103835
Board at its next regularly scheduled meeting after the transfer	103836
is made.	103837

Section 265.50.60. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	103838
STUDENTS	103839

(A) As used in this section:

103840

(1) "IEP" has the same meaning as in section 3323.01 of the	103841
Revised Code.	103842

(2) "SBH student" means a student receiving special education	103843
and related services for severe behavior disabilities pursuant to	103844
an IEP.	103845

(B) This section applies only to a community school	103846
established under Chapter 3314. of the Revised Code that in each	103847
of fiscal years 2010 and 2011 enrolls a number of SBH students	103848
equal to at least fifty per cent of the total number of students	103849
enrolled in the school in the applicable fiscal year.	103850

(C) In addition to any payments made under Chapter 3306. of	103851
the Revised Code, in each of fiscal years 2010 and 2011, the	103852
Department of Education shall pay to a community school to which	103853
this section applies a subsidy equal to the difference between the	103854
aggregate amount calculated and paid in fiscal year 2009 to the	103855
community school for special education and related services	103856
additional weighted costs for the SBH students enrolled in the	103857
school and the aggregate amount that would have been calculated	103858
for the school for special education and related services	103859
additional weighted costs for those same students in fiscal year	103860
2001. If the difference is a negative number, the amount of the	103861
subsidy shall be zero.	103862

(D) The amount of any subsidy paid to a community school	103863
under this section shall not be deducted from the school district	103864
in which any of the students enrolled in the community school are	103865
entitled to attend school under section 3313.64 or 3313.65 of the	103866
Revised Code. The amount of any subsidy paid to a community school	103867
under this section shall be paid from funds appropriated to the	103868
Department of Education in appropriation item 200550, Foundation	103869
Funding.	103870

Section 265.50.70. EARMARK ACCOUNTABILITY

103871

At the request of the Superintendent of Public Instruction,	103872
any entity that receives a budget earmark under the Department of	103873
Education shall submit annually to the chairpersons of the	103874
committees of the House of Representatives and the Senate	103875
primarily concerned with education and to the Department of	103876
Education a report that includes a description of the services	103877
supported by the funds, a description of the results achieved by	103878
those services, an analysis of the effectiveness of the program,	103879
and an opinion as to the program's applicability to other school	103880
districts. For an earmarked entity that received state funds from	103881
an earmark in the prior fiscal year, no funds shall be provided by	103882
the Department of Education to an earmarked entity for a fiscal	103883
year until its report for the prior fiscal year has been	103884
submitted.	103885

Section 265.50.80. PROHIBITION FROM OPERATING FROM HOME

103886

No community school established under Chapter 3314. of the	103887
Revised Code that was not open for operation as of May 1, 2005,	103888
shall operate from a home, as defined in section 3313.64 of the	103889
Revised Code.	103890

Section 265.50.90. EARLY COLLEGE START UP COMMUNITY SCHOOL

103891

(A) As used in this section:

103892

(1) "Big eight school district" has the same meaning as in	103893
section 3314.02 of the Revised Code.	103894

(2) "Early college high school" means a high school that	103895
provides students with a personalized learning plan based on an	103896
accelerated curriculum combining high school and college-level	103897
coursework.	103898

(B) Any early college high school that is operated by a big	103899
eight school district in partnership with a private university may	103900
operate as a new start-up community school under Chapter 3314. of	103901
the Revised Code beginning in the 2007-2008 school year, if all of	103902
the following conditions are met:	103903

(1) The governing authority and sponsor of the school enter	103904
into a contract in accordance with section 3314.03 of the Revised	103905
Code and, notwithstanding division (D) of section 3314.02 of the	103906
Revised Code, both parties adopt and sign the contract by July 9,	103907
2007.	103908

(2) Notwithstanding division (A) of section 3314.016 of the	103909
Revised Code, the school's governing authority enters into a	103910
contract with the private university under which the university	103911
will be the school's operator.	103912

(3) The school provides the same educational program the	103913
school provided while part of the big eight school district.	103914

Section 265.60.10. PILOT PROGRAM FOR SCHOOL SITE VISITS

103915

Notwithstanding sections 3301.83 and 3314.39 of the Revised	103916
Code, the Department of Education shall provide a pilot program	103917
of site visits both for schools operated by school districts and	103918
for community schools instead of the site visits otherwise	103919
required under those sections. The pilot program shall contain all	103920
of the elements of section 3301.83 of the Revised Code for site	103921
visits of schools operated by school districts and all of the	103922
elements of section 3314.39 of the Revised Code for site visits of	103923
community schools. Not later than December 31, 2010, the	103924
Department shall report to the Governor and the General Assembly	103925
as to the progress of the site visits conducted under the pilot	103926
program as well as recommendations to provide for full	103927
implementation of sections 3301.83 and 3314.39 of the Revised	103928
Code.	103929

Section 265.60.20. TASK FORCE ON TEACHER COMPENSATION AND	103930
PERFORMANCE	103931

(A) There is hereby established the Task Force on Teacher	103932
Compensation and Performance. The membership of the Task Force	103933
shall consist of the Superintendent of Public Instruction, or the	103934
Superintendent's designee, who shall act as chair, and the	103935
following members appointed by the Governor:	103936

(1) Two persons employed as teachers in a school district;

103937

(2) Two persons who are retired educators;

103938

(3) Two persons employed as superintendents of a school	103939
district;	103940

(4) Two persons employed as treasurers of a school district;

103941

(5) Two persons employed as principals in a school district;

103942

(6) Two persons employed as faculty at a higher education	103943
institution;	103944

(7) Two persons representing Ohio philanthropic	103945
organizations;	103946

(8) One person representing the business community;

103947

(9) One person representing the general public.

103948

The members of the Task Force shall serve without	103949
compensation.	103950

(B) Initial appointments to the Task Force shall be completed	103951
within 90 days of the effective date of this section. The Governor	103952
shall convene the Task Force not more than 30 days after the final	103953
appointment has been made.	103954

(C) The Task Force shall examine the existing structures and	103955
systems that support compensation and retirement benefits and	103956
develop recommendations designed to improve the connections among	103957
compensation, teaching excellence, and higher levels of student	103958
learning. The Department of Education shall provide the Task Force	103959
with data and staff assistance as requested by the Task Force.	103960

(D) The Task Force shall provide its recommendations in a	103961
written report to the Governor, the General Assembly, the State	103962
Board of Education, the Superintendent of Public Instruction, and	103963
the Chancellor of the Board of Regents not later than December 1,	103964
2010. Upon completion of its report, the Task Force shall cease to	103965
exist.	103966

Section 265.60.30. USE OF VOLUNTEERS

103967

The Department of Education may utilize the services of	103968
volunteers to accomplish any of the purposes of the Department.	103969
The Superintendent of Public Instruction shall approve for what	103970
purposes volunteers may be used and for these purposes may	103971
recruit, train, and oversee the services of volunteers. The	103972
Superintendent may reimburse volunteers for necessary and	103973
appropriate expenses in accordance with state guidelines and may	103974
designate volunteers as state employees for the purpose of motor	103975
vehicle accident liability insurance under section 9.83 of the	103976
Revised Code, for immunity under section 9.86 of the Revised Code,	103977
and for indemnification from liability incurred in the performance	103978
of their duties under section 9.87 of the Revised Code.	103979

Section 265.60.60. EDUCATOR STANDARDS BOARD

103980

(A) The State Board of Education shall appoint two teachers	103981
under division (A)(1)(a) of section 3319.60 of the Revised Code,	103982
as amended by this act, not later than sixty days after the	103983
effective date of this section. The term of office of the new	103984
secondary school teacher member shall expire July 1, 2011, and the	103985
term of office of the new elementary school teacher member shall	103986
expire July 1, 2012. Thereafter, the term of the additional	103987
secondary and elementary school teachers appointed to the Educator	103988
Standards Board shall be for two years.	103989

(B) The State Board of Education shall appoint a school	103990
district treasurer or business manager to the Educator Standards	103991
Board under division (A)(1)(c) of section 3319.60 of the Revised	103992
Code, as amended by this act, not later than sixty days after the	103993
effective date of this section. The term of office of that member	103994
shall expire July 1, 2012. Thereafter, the term of the school	103995
district treasurer or business manager appointed to the Educator	103996
Standards Board shall be for two years.	103997

(C) The State Board of Education shall appoint a parent to	103998
the Educator Standards Board under division (A)(1)(e) of section	103999
3319.60 of the Revised Code, as amended by this act, not later	104000
than sixty days after the effective date of this section. The term	104001
of office of that member shall expire July 1, 2011. Thereafter,	104002
the term of the parent representative appointed to the Educator	104003
Standards Board shall be for two years.	104004

(D) The higher education representatives appointed by the	104005
State Board of Education to the Educator Standards Board prior to	104006
the effective date of this section under former division (A)(5) of	104007
section 3319.60 of the Revised Code shall serve for the remainder	104008
of their terms. The Chancellor of the Ohio Board of Regents shall	104009
appoint higher education representatives to the Educator	104010
Standards Board under division (A)(2) of section 3319.60 of the	104011
Revised Code, as amended by this act, as the terms of the higher	104012
education representatives appointed under former division (A)(5)	104013
of that section expire, each for a term of two years. The	104014
Chancellor also shall fill any vacancies that occur during the	104015
term of a higher education representative appointed under former	104016
division (A)(5) of that section.	104017

Section 265.60.70. RESTRICTION OF LIABILITY FOR CERTAIN	104018
REIMBURSEMENTS	104019

(A) Except as expressly required under a court judgment not	104020
subject to further appeals or a settlement agreement with a	104021
school district, in the case of a school district for which the	104022
formula ADM for fiscal year 2005, as reported for that fiscal	104023
year under division (A) of section 3317.03 of the Revised Code,	104024
was reduced based on enrollment reports for community schools,	104025
made under section 3314.08 of the Revised Code, regarding students	104026
entitled to attend school in the district, which reduction of	104027
formula ADM resulted in a reduction of foundation funding or	104028
transitional aid funding for fiscal year 2005, 2006, or 2007, no	104029
school district, except a district named in the court's judgment	104030
or the settlement agreement, shall have a legal claim for	104031
reimbursement of the amount of such reduction in foundation	104032
funding or transitional aid funding, and the state shall not have	104033
liability for reimbursement of the amount of such reduction in	104034
foundation funding or transitional aid funding.	104035

(B) As used in this section:

104036

(1) "Community school" means a community school established	104037
under Chapter 3314. of the Revised Code.	104038

(2) "Entitled to attend school" means entitled to attend	104039
school in a school district under section 3313.64 or 3313.65 of	104040
the Revised Code.	104041

(3) "Foundation funding" means payments calculated for the	104042
respective fiscal year under Chapter 3317. of the Revised Code.	104043

(4) "Transitional aid funding" means payments calculated for	104044
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	104045
of the 125th General Assembly, as subsequently amended; and	104046
Section 206.09.39 of Am. Sub. H.B. 66 of the 126th General	104047
Assembly, as subsequently amended.	104048

Section 265.60.80. COMMITTEE TO UPDATE STANDARDS AND	104049
CURRICULA	104050

Not later than July 15, 2009, the State Board of Education	104051
shall convene a committee of national experts, state experts, and	104052
local practitioners to provide advice and guidance in the design	104053
of the updated standards and curricula required by section	104054
3301.079 of the Revised Code, as amended by this act.	104055

Section 265.70.10. CENTER FOR EARLY CHILDHOOD DEVELOPMENT

104056

(A) The Superintendent of Public Instruction, in	104057
consultation with the Governor, shall create the Center for Early	104058
Childhood Development in the Department of Education comprised of	104059
staff from the Department of Education, the Department of Job	104060
and Family Services, the Department of Health, and any other	104061
state agency as determined necessary by the Superintendent. The	104062
Superintendent also shall hire a Director of the Center. The	104063
Center, under the supervision of the Director, shall research and	104064
make recommendations about the coordination of early childhood	104065
programs and services for children, beginning with prenatal care	104066
and continuing until entry into kindergarten, and the eventual	104067
transfer of the authority to implement those programs and services	104068
from other state agencies to the Department of Education.	104069

(B) The Director of the Early Childhood Cabinet, in	104070
partnership with staff from the Department of Education shall	104071
submit an implementation plan to the Superintendent and the	104072
Governor not later than August 31, 2009. The implementation plan	104073
shall include research and recommendations regarding all of the	104074
following:	104075

(1) The identification of programs, services, and funding	104076
sources to be transferred from other state agencies to the	104077
Department of Education;	104078

(2) A new administrative structure within the Department of	104079
Education for the purpose of implementing early childhood	104080
programs and services;	104081

(3) Statutory changes necessary to implement the new	104082
administrative structure within the Department of Education;	104083

(4) A timeline for the transition from the current	104084
administrative structure within other state agencies to the new	104085
administrative structure within the Department of Education.	104086

(C) The Director of Budget and Management may seek	104087
Controlling Board approval to do any of the following to support	104088
the preparation of an implementation plan to create a new	104089
administrative structure for early childhood programs and	104090
services within the Department of Education:	104091

(1) Create new funds and non-GRF appropriation items;

104092

(2) Transfer cash between funds;

104093

(3) Transfer appropriation within the same fund used by the	104094
same state agency.	104095

Any transfers of cash approved by the Controlling Board under	104096
this section are hereby appropriated.	104097

Section 265.70.20. EARLY CHILDHOOD FINANCING WORKGROUP

104098

The Early Childhood Advisory Council shall establish an Early	104099
Childhood Financing Workgroup. The chairperson of the Early	104100
Childhood Advisory Council shall serve as chairperson of the Early	104101
Childhood Financing Workgroup. The Early Childhood Financing	104102
Workgroup shall develop recommendations that explore the	104103
implementation of a single financing system for early care and	104104
education programs that includes aligned payment mechanisms and	104105
consistent eligibility and co-payment policies. Not later than	104106
December 31, 2009, the Early Childhood Financing Workgroup shall	104107
submit its recommendations to the Governor. Upon the order of the	104108
Early Childhood Advisory Council, the Early Childhood Financing	104109
Workgroup shall cease to exist.	104110

Section 265.70.30. STUDY OF SCHOOL TIME ALLOCATION

104111

The Department of Education shall study best practices for	104112
allocating school hours, in terms of classroom instruction,	104113
competency-based evaluation, planning time, and professional	104114
development, within the learning year. As part of the study, the	104115
Department shall consult with teachers, school district	104116
superintendents, members of school district boards of education,	104117
and associations for gifted students. Not later than one year	104118
after the effective date of this section, the Department shall	104119
submit to the General Assembly, in accordance with section 101.68	104120
of the Revised Code, and the Governor a report of its findings and	104121
recommendations for allocation of hours for optimal learning in an	104122
extended learning year.	104123

Section 265.70.40. MORATORIUM ON LOCAL SCHOOL DISTRICT	104124
RELOCATIONS TO DIFFERENT EDUCATIONAL SERVICE CENTERS	104125

Notwithstanding section 3311.059 of the Revised Code, no	104126
severance of the territory of a local school district from the	104127
educational service center to which it currently belongs and	104128
annexation of that district's territory to an adjacent educational	104129
service center, as otherwise authorized under that section, shall	104130
be effective for the period beginning on the effective date of	104131
this section and ending July 1, 2011. All resolutions proposing	104132
such severance and annexation approved by the State Board of	104133
Education but not effective prior to July 1, 2009, are hereby	104134
void. All resolutions proposing such severance and annexation	104135
pending on the effective date of this section are hereby void and	104136
shall not be considered by the State Board. If the board of	104137
education of a local school district with such a severance and	104138
annexation action pending or approved on the effective date of	104139
this section that is void under this section desires to have the	104140
action considered after July 1, 2011, the board shall adopt after	104141
that date a new resolution in the manner prescribed by section	104142
3311.059 of the Revised Code. No local school district shall adopt	104143
a severance and annexation resolution under that section during	104144
the period beginning on the effective date of this section and	104145
ending July 1, 2011.	104146

Section 265.70.50. (A) Not later than December 31, 2010, the	104147
Department of Education, in consultation with the Educator	104148
Standards Board, shall develop a model peer assistance and	104149
review program and shall develop recommendations to expand the	104150
use of peer assistance and review programs in school districts	104151
throughout the state.	104152

(B) In developing the model program required under this	104153
section, the Department shall review existing peer assistance and	104154
review programs in Ohio school districts and shall consult with	104155
the districts about the operation of those programs. The model	104156
program shall include the following elements:	104157

(1) Releasing experienced classroom teachers from	104158
instructional duties for up to three years to focus full-time on	104159
mentoring and evaluating new teachers and underperforming veteran	104160
teachers through classroom observations and follow-up meetings;	104161

(2) Professional development for new and underperforming	104162
teachers that is targeted at their instructional weaknesses;	104163

(3) A committee comprised of representatives of teachers and	104164
the employer to review teacher evaluations and make	104165
recommendations regarding the teachers' continued employment.	104166

(C) The recommendations required under this section shall	104167
include the following:	104168

(1) Identification of barriers to expansion of peer	104169
assistance and review programs, including financial constraints,	104170
labor-management relationships, and barriers unique to small	104171
school districts;	104172

(2) Legislative changes that would eliminate barriers to	104173
expansion of the programs;	104174

(3) Incentives to increase participation in the programs.

104175

(D) The Department shall provide copies of its model program	104176
and recommendations to the Governor, the President and Minority	104177
Leader of the Senate, the Speaker and Minority Leader of the	104178
House of Representatives, and the chairpersons and ranking	104179
minority members of the standing committees on education. The	104180
Department also shall make the model program and recommendations	104181
available to school districts and shall post them on its web	104182
site.	104183

Section 267.10. ELC OHIO ELECTIONS COMMISSION

104184

General Revenue Fund	104185

GRF	051321		Operating Expenses		$	381,578		$	381,578		104186
TOTAL GRF General Revenue Fund					$	381,578		$	381,578		104187

General Services Fund Group	104188

4P20	051601	Ohio Elections Commission Fund	$	250,000	$	255,000	104189
TOTAL GSF General Services Fund Group			$	250,000	$	255,000	104190
TOTAL ALL BUDGET FUND GROUPS			$	631,578	$	636,578	104191

Section 269.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	104193
DIRECTORS	104194

General Services Fund Group	104195

4K90	881609	Operating Expenses	$	646,414	$	646,562	104196
TOTAL GSF General Services							104197
Fund Group			$	646,414	$	646,562	104198
TOTAL ALL BUDGET FUND GROUPS			$	646,414	$	646,562	104199

Section 271.10. PAY EMPLOYEE BENEFITS FUNDS

104201

Accrued Leave Liability Fund Group	104202

8060	995666	Accrued Leave Fund	$	65,200,000	$	67,200,000	104203
8070	995667	Disability Fund	$	27,400,000	$	28,100,000	104204
TOTAL ALF Accrued Leave Liability							104205
Fund Group			$	92,600,000	$	95,300,000	104206

Agency Fund Group	104207

1240	995673	Payroll Deductions	$	881,573,000	$	943,283,110	104208
8080	995668	State Employee Health Benefit Fund	$	551,795,580	$	598,643,430	104209
8090	995669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	104210
8100	995670	Life Insurance Investment Fund	$	2,229,834	$	2,229,834	104211
8110	995671	Parental Leave Benefit Fund	$	3,900,000	$	4,000,000	104212
8130	995672	Health Care Spending Account	$	8,977,689	$	12,000,000	104213
TOTAL AGY Agency Fund Group			$	1,451,445,738	$	1,563,126,009	104214

TOTAL ALL BUDGET FUND GROUPS

1,544,045,738

1,658,426,009

104215

ACCRUED LEAVE LIABILITY FUND

104216

The foregoing appropriation item 995666, Accrued Leave Fund,	104217
shall be used to make payments from the Accrued Leave Liability	104218
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	104219
If it is determined by the Director of Budget and Management that	104220
additional amounts are necessary, the amounts are hereby	104221
appropriated.	104222

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

104223

The foregoing appropriation item 995667, Disability Fund,	104224
shall be used to make payments from the State Employee Disability	104225
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	104226
Revised Code. If it is determined by the Director of Budget and	104227
Management that additional amounts are necessary, the amounts are	104228
hereby appropriated.	104229

PAYROLL WITHHOLDING FUND

104230

The foregoing appropriation item 995673, Payroll Deductions,	104231
shall be used to make payments from the Payroll Withholding Fund	104232
(Fund 1240). If it is determined by the Director of Budget and	104233
Management that additional appropriation amounts are necessary,	104234
the amounts are hereby appropriated.	104235

STATE EMPLOYEE HEALTH BENEFIT FUND

104236

The foregoing appropriation item 995668, State Employee	104237
Health Benefit Fund, shall be used to make payments from the State	104238
Employee Health Benefit Fund (Fund 8080) pursuant to section	104239
124.87 of the Revised Code. If it is determined by the Director of	104240
Budget and Management that additional amounts are necessary, the	104241
amounts are hereby appropriated.	104242

DEPENDENT CARE SPENDING FUND

104243

The foregoing appropriation item 995669, Dependent Care	104244
Spending Account, shall be used to make payments from the	104245
Dependent Care Spending Fund (Fund 8090) to employees eligible for	104246
dependent care expenses. If it is determined by the Director of	104247
Budget and Management that additional amounts are necessary, the	104248
amounts are hereby appropriated.	104249

LIFE INSURANCE INVESTMENT FUND

104250

The foregoing appropriation item 995670, Life Insurance	104251
Investment Fund, shall be used to make payments from the Life	104252
Insurance Investment Fund (Fund 8100) for the costs and expenses	104253
of the state's life insurance benefit program pursuant to section	104254
125.212 of the Revised Code. If it is determined by the Director	104255
of Budget and Management that additional amounts are necessary,	104256
the amounts are hereby appropriated.	104257

PARENTAL LEAVE BENEFIT FUND

104258

The foregoing appropriation item 995671, Parental Leave	104259
Benefit Fund, shall be used to make payments from the Parental	104260
Leave Benefit Fund (Fund 8110) to employees eligible for parental	104261
leave benefits pursuant to section 124.137 of the Revised Code. If	104262
it is determined by the Director of Budget and Management that	104263
additional amounts are necessary, the amounts are hereby	104264
appropriated.	104265

HEALTH CARE SPENDING ACCOUNT FUND

104266

The foregoing appropriation item 995672, Health Care	104267
Spending Account, shall be used to make payments from the Health	104268
Care Spending Account Fund (Fund 8130) for payments pursuant to	104269
state employees' participation in a flexible spending account	104270
for non-reimbursed health care expenses and section 124.821 of	104271
the Revised Code. If it is determined by the Director of	104272
Administrative Services that additional appropriation amounts are	104273
necessary, the Director of Administrative Services may request	104274
that the Director of Budget and Management increase such amounts.	104275
Such amounts are hereby appropriated.	104276

At the request of the Director of Administrative Services,	104277
the Director of Budget and Management may transfer up to $145,000	104278
from the General Revenue Fund to the Health Care Spending Account	104279
Fund during fiscal years 2010 and 2011. This cash shall be	104280
transferred as needed to provide adequate cash flow for the Health	104281
Care Spending Account Fund during fiscal year 2010 and fiscal year	104282
2011. If funds are available at the end of fiscal years 2010 and	104283
2011, the Director of Budget and Management shall transfer cash up	104284
to the amount previously transferred in the respective year, plus	104285
interest income, from the Health Care Spending Account (Fund	104286
8130) to the General Revenue Fund.	104287

Section 273.10. ERB STATE EMPLOYMENT RELATIONS BOARD

104288

General Revenue Fund	104289

GRF	125321		Operating Expenses		$	4,090,876		$	4,090,876		104290
TOTAL GRF General Revenue Fund					$	4,090,876		$	4,090,876		104291

General Services Fund Group	104292

5720	125603	Training and Publications	$	105,000	$	105,000	104293
TOTAL GSF General Services							104294
Fund Group			$	105,000	$	105,000	104295
TOTAL ALL BUDGET FUND GROUPS			$	4,195,876	$	4,195,876	104296

Section 273.20. CONSOLIDATION OF SERVICES WITH STATE	104298
EMPLOYMENT RELATIONS BOARD	104299

(A) Beginning on July 1, 2009, the Chairperson of the State	104300
Employment Relations Board is the appointing authority for all	104301
employees of the State Personnel Board of Review and the State	104302
Employment Relations Board. After conferring with the Chairperson	104303
of the State Personnel Board of Review, the Chairperson of the	104304
State Employment Relations Board shall identify the employees,	104305
equipment, assets, and records of the State Personnel Board of	104306
Review to be transferred to the State Employment Relations Board.	104307
The State Employment Relations Board and the State Personnel Board	104308
of Review shall enter into an interagency agreement to transfer to	104309
the State Employment Relations Board employees, equipment,	104310
assets, and records of the State Personnel Board of Review by July	104311
1, 2009, or as soon as possible thereafter. The agreement may	104312
include provisions to transfer property and any other provisions	104313
necessary for the continued administration of program activities.	104314
The employees of the State Personnel Board of Review that the	104315
Chairperson of the State Employment Relations Board identifies for	104316
transfer, and any equipment assigned to those employees, are	104317
hereby transferred to the State Employment Relations Board. Any	104318
employees of the State Personnel Board of Review so transferred	104319
shall retain the rights specified in sections 124.321 to 124.328	104320
of the Revised Code, and any employee transferred to the State	104321
Employment Relations Board retains the employee's respective	104322
classification, but the Chairperson of the State Employment	104323
Relations Board may reassign and reclassify the employee's	104324
position and compensation as the Chairperson determines to be in	104325
the interest of efficient office administration. Pursuant to	104326
division (B)(2)(b) of section 4117.02 of the Revised Code, as	104327
amended by this act, to the extent determined necessary by the	104328
Chairperson of the State Employment Relations Board, the State	104329
Personnel Board of Review shall utilize employees of the State	104330
Employment Relations Board in the exercise of the powers and the	104331
performance of the duties of the State Personnel Board of Review.	104332

(B) Effective July 1, 2009, and pursuant to section 124.03 of	104333
the Revised Code, the State Personnel Board of Review shall	104334
exercise its duties and exist as a separate entity within the	104335
State Employment Relations Board. The costs of the State	104336
Personnel Board of Review shall be supported by the foregoing	104337
appropriation item 125321, Operating Expenses.	104338

On July 1, 2009, or as soon as possible thereafter, the	104339
Director of Budget and Management shall transfer the cash balance	104340
of the Transcript and Other Documents Fund (Fund 6360) used by the	104341
State Personnel Board of Review to the Training, Publications,	104342
and Grants Fund (Fund 5720) used by the State Employment	104343
Relations Board. Upon completion of the transfer, Fund 6360 is	104344
abolished. The Director shall cancel any existing encumbrances	104345
against appropriation item 124601, Records and Reporting Support,	104346
and re-establish them against appropriation item 125603, Training	104347
and Publications. The re-established encumbrance amounts are	104348
hereby appropriated.	104349

Any business commenced but not completed under Fund 6360 by	104350
July 1, 2009, shall be completed under Fund 5720 in the same	104351
manner, and with the same effect, as if completed with regard to	104352
Fund 6360. No validation, cure, right, privilege, remedy,	104353
obligation, or liability is lost or impaired by reason of the	104354
transfer and shall be administered with regard to Fund 5720.	104355

On and after July 1, 2009, where the Transcript and Other	104356
Documents Fund is referred to in any statute, rule, contract,	104357
grant, or other document, the reference is hereby deemed to refer	104358
to the Training, Publications, and Grants Fund.	104359

Section 275.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

104360

General Services Fund Group	104361

4K90	892609	Operating Expenses	$	1,058,881	$	1,058,881	104362
TOTAL GSF General Services							104363
Fund Group			$	1,058,881	$	1,058,881	104364
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	104365

Section 277.10. EPA ENVIRONMENTAL PROTECTION AGENCY

104367

General Services Fund Group	104368

1990	715602	Laboratory Services	$	935,907	$	983,929	104369
2190	715604	Central Support Indirect	$	16,625,314	$	17,282,762	104370
4A10	715640	Operating Expenses	$	3,731,000	$	3,731,000	104371
TOTAL GSF General Services							104372
Fund Group			$	21,292,221	$	21,997,691	104373

Federal Special Revenue Fund Group	104374

3530	715612	Public Water Supply	$	2,933,812	$	2,941,282	104375
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	104376
3570	715619	Air Pollution Control - Federal	$	6,282,777	$	6,310,203	104377
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	104378
3BU0	715684	Water Quality Protection	$	5,870,000	$	5,825,000	104379
3C50	715688	Federal NRD Settlements	$	100,000	$	100,000	104380
3F20	715630	Revolving Loan Fund - Operating	$	1,129,696	$	907,543	104381
3F30	715632	Federally Supported Cleanup and Response	$	2,159,486	$	2,159,551	104382
3F50	715641	Nonpoint Source Pollution Management	$	6,880,000	$	6,095,000	104383
3K40	715634	DOD Monitoring and Oversight	$	729,130	$	732,280	104384
3N40	715657	DOE Monitoring and Oversight	$	878,578	$	884,050	104385
3T30	715669	Drinking Water State Revolving Fund	$	2,238,848	$	2,273,323	104386
3V70	715606	Agencywide Grants	$	500,000	$	500,000	104387
TOTAL FED Federal Special Revenue							104388
Fund Group			$	34,007,201	$	33,033,106	104389

State Special Revenue Fund Group	104390

4J00	715638	Underground Injection Control	$	448,579	$	456,714	104391
4K20	715648	Clean Air - Non Title V	$	3,456,261	$	3,587,176	104392
4K30	715649	Solid Waste	$	15,819,897	$	16,317,606	104393
4K40	715650	Surface Water Protection	$	7,965,000	$	8,915,000	104394
4K40	715686	Environmental Lab Service	$	2,132,000	$	2,132,000	104395
4K50	715651	Drinking Water Protection	$	7,487,198	$	7,699,007	104396
4P50	715654	Cozart Landfill	$	100,000	$	100,000	104397
4R50	715656	Scrap Tire Management	$	5,125,000	$	5,125,000	104398
4R90	715658	Voluntary Action Program	$	1,032,098	$	1,032,098	104399
4T30	715659	Clean Air - Title V Permit Program	$	17,673,097	$	18,073,104	104400
4U70	715660	Construction and Demolition Debris	$	888,970	$	885,554	104401
5000	715608	Immediate Removal Special Account	$	643,903	$	643,903	104402
5030	715621	Hazardous Waste Facility Management	$	11,215,448	$	11,318,132	104403
5050	715623	Hazardous Waste Cleanup	$	13,927,338	$	14,139,930	104404
5050	715674	Clean Ohio Environmental Review	$	109,725	$	109,725	104405
5410	715670	Site Specific Cleanup	$	34,650	$	34,650	104406
5420	715671	Risk Management Reporting	$	146,188	$	146,188	104407
5920	715627	Anti Tampering Settlement	$	6,707	$	6,707	104408
5BC0	715617	Clean Ohio	$	741,000	$	741,000	104409
5BC0	715622	Local Air Pollution Control	$	1,827,000	$	2,035,000	104410
5BC0	715624	Surface Water	$	13,034,000	$	13,198,000	104411
5BC0	715667	Groundwater	$	1,594,000	$	1,594,000	104412
5BC0	715672	Air Pollution Control	$	7,269,000	$	7,607,000	104413
5BC0	715673	Drinking Water	$	3,838,000	$	3,838,000	104414
5BC0	715675	Hazardous Waste	$	116,000	$	116,000	104415
5BC0	715676	Assistance and Prevention	$	775,000	$	775,000	104416
5BC0	715677	Laboratory	$	1,454,000	$	1,454,000	104417
5BC0	715678	Corrective Actions	$	1,180,000	$	1,180,000	104418
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	104419
5BC0	715690	Environmental Review Appeals	$	662,000	$	662,000	104420
5BT0	715679	C&DD Groundwater Monitoring	$	200,000	$	203,800	104421
5BY0	715681	Auto Emissions Test	$	14,385,892	$	14,803,470	104422
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	104423
5H40	715664	Groundwater Support	$	1,872,193	$	1,884,247	104424
5N20	715613	Dredge and Fill	$	45,000	$	45,000	104425
5Y30	715685	Surface Water Improvement	$	2,000,000	$	500,000	104426
6440	715631	ER Radiological Safety	$	286,114	$	286,114	104427
6600	715629	Infectious Waste Management	$	100,000	$	100,000	104428
6760	715642	Water Pollution Control Loan Administration	$	4,610,529	$	4,832,682	104429
6780	715635	Air Toxic Release	$	174,600	$	179,746	104430
6790	715636	Emergency Planning	$	2,623,395	$	2,628,647	104431
6960	715643	Air Pollution Control Administration	$	750,000	$	750,000	104432
6990	715644	Water Pollution Control Administration	$	750,000	$	750,000	104433
6A10	715645	Environmental Education	$	1,500,000	$	1,500,000	104434
TOTAL SSR State Special Revenue Fund Group			$	151,049,782	$	153,436,200	104435

Clean Ohio Conservation Fund Group	104436

5S10	715607	Clean Ohio - Operating	$	291,174	$	291,174	104437
TOTAL CLF Clean Ohio Conservation Fund Group			$	291,174	$	291,174	104438
TOTAL ALL BUDGET FUND GROUPS			$	206,640,378	$	208,758,171	104439

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

104440

On July 1 of each fiscal year, or as soon as possible	104441
thereafter, the Director of Budget and Management shall transfer	104442
$14,385,892 in fiscal year 2010, and $14,803,470 in fiscal year	104443
2011 in cash from the General Revenue Fund to the Auto Emissions	104444
Test Fund (Fund 5BY0) for the operation and oversight of the auto	104445
emissions testing program.	104446

Effective September 30, 2009, or as soon as possible	104447
thereafter, the Director of Budget and Management shall transfer	104448
the cash balance in the Motor Vehicle Inspection and Maintenance	104449
Fund (Fund 6020) to Fund 5BY0. Fund 6020 is abolished in division	104450
(D) of section 3704.14 of the Revised Code as amended by this act.	104451

AREAWIDE PLANNING AGENCIES

104452

The Director of Environmental Protection Agency shall award	104453
grants from appropriation item 715687, Areawide Planning Agencies,	104454
to areawide planning agencies engaged in areawide water quality	104455
management and planning activities in accordance with Section 208	104456
of the "Federal Clean Water Act," 33 U.S.C. 1288.	104457

ENVIRONMENTAL REVIEW AND APPEALS

104458

The foregoing appropriation item 715690, Environmental Review	104459
Appeals, shall be used to support the Environmental Review Appeals	104460
Commission, including the hiring of a law clerk, hearing examiner,	104461
and legal intern.	104462

CORRECTIVE CASH TRANSFER FOR COPPERWELD BANKRUPTCY SETTLEMENT

104463

On July 1, 2009, or as soon as possible thereafter, the	104464
Director of Budget and Management shall transfer $1,323,933.19 in	104465
cash, which the Agency received from the Copperweld bankruptcy	104466
settlement, that was mistakenly deposited in the Hazardous Waste	104467
Cleanup Fund (Fund 5050) to the Environmental Protection	104468
Remediation Fund (Fund 5410).	104469

Section 281.10. ETC ETECH OHIO

104470

General Revenue Fund	104471

GRF	935401	Statehouse News Bureau	$	219,960	$	219,960	104472
GRF	935402	Ohio Government Telecommunications Services	$	716,417	$	716,417	104473
GRF	935408	General Operations	$	2,150,917	$	2,164,444	104474
GRF	935409	Technology Operations	$	6,594,504	$	6,602,446	104475
GRF	935410	Content Development, Acquisition, and Distribution	$	4,137,306	$	4,138,244	104476
GRF	935411	Technology Integration and Professional Development	$	6,963,226	$	6,977,487	104477
GRF	935412	Information Technology	$	1,387,062	$	1,350,394	104478
GRF	935427	Distance Learning Pilot Project	$	2,000,000	$	0	104479
TOTAL GRF General Revenue Fund			$	24,169,392	$	22,169,392	104480

General Services Fund Group	104481

4F30	935603	Affiliate Services	$	450,000	$	50,000	104482
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	104483
TOTAL GSF General Services Fund Group			$	475,000	$	75,000	104484

Federal Special Revenue Fund Group	104485

3S30	935606	Enhancing Education Technology	$	163,000	$	163,000	104486
3X80	935604	IDEA	$	18,892	$	0	104487
TOTAL FED Federal Special Revenue Fund Group			$	181,892	$	163,000	104488

State Special Revenue Fund Group	104489

4W90	935630	Telecommunity	$	25,000	$	25,000	104490
4X10	935634	Distance Learning	$	23,734	$	24,150	104491
5D40	935640	Conference/Special Purposes	$	1,471,396	$	1,473,527	104492
5FK0	935608	Media Services	$	300,000	$	300,000	104493
5GP0	935609	Interactive Distance Learning Program	$	4,500,000	$	4,500,000	104494
5T30	935607	Gates Foundation Grants	$	200,000	$	200,000	104495
TOTAL SSR State Special Revenue Fund Group			$	6,520,130	$	6,522,677	104496
TOTAL ALL BUDGET FUND GROUPS			$	31,346,414	$	28,930,069	104497

Section 281.20. STATEHOUSE NEWS BUREAU

104499

The foregoing appropriation item 935401, Statehouse News	104500
Bureau, shall be used solely to support the operations of the Ohio	104501
Statehouse News Bureau.	104502

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

104503

The foregoing appropriation item 935402, Ohio Government	104504
Telecommunications Services, shall be used solely to support the	104505
operations of Ohio Government Telecommunications Services which	104506
include providing multimedia support to the state government and	104507
its affiliated organizations and broadcasting the activities of	104508
the legislative, judicial, and executive branches of state	104509
government, among its other functions.	104510

TECHNOLOGY OPERATIONS

104511

Of the foregoing appropriation item 935409, Technology	104512
Operations, $3,000,000 in each fiscal year shall be used by eTech	104513
Ohio, in fiscal year 2010, to contract with an entity to provide	104514
up to 5,000 online advanced placement courses to public school	104515
students in Ohio and, in fiscal year 2011, to maintain a	104516
clearinghouse for online advanced placement courses. School	104517
districts that have students participating in the program shall	104518
not be charged a fee in fiscal year 2010, but may be charged a fee	104519
in fiscal year 2011 through the clearinghouse. Students	104520
participating in the program shall receive services free of	104521
charge.	104522

The remainder of appropriation item 935409, Technology	104523
Operations, shall be used by eTech Ohio to pay expenses of eTech	104524
Ohio's network infrastructure, which includes the television and	104525
radio transmission infrastructure and infrastructure that shall	104526
link all public K-12 classrooms to each other and to the Internet,	104527
and provide access to voice, video, other communication services,	104528
and data educational resources for students and teachers.	104529

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

104530

The foregoing appropriation 935410, Content Development,	104531
Acquisition, and Distribution, shall be used for the development,	104532
acquisition, and distribution of information resources by public	104533
media and radio reading services and for educational use in the	104534
classroom and online.	104535

Of the foregoing appropriation item 935410, Content	104536
Development, Acquisition, and Distribution, up to $1,104,605 in	104537
fiscal year 2010 and up to $1,104,905 in fiscal year 2011 shall be	104538
allocated equally among the 12 Ohio educational television	104539
stations and used with the advice and approval of eTech Ohio.	104540
Funds shall be used for the production of interactive	104541
instructional programming series with priority given to resources	104542
aligned with state academic content standards in consultation	104543
with the Ohio Department of Education and for teleconferences to	104544
support eTech Ohio. The programming shall be targeted to the	104545
needs of the poorest two hundred school districts as determined	104546
by the district's adjusted valuation per pupil as defined in	104547
former section 3317.0213 of the Revised Code as that section	104548
existed prior to June 30, 2005.	104549

Of the foregoing appropriation item 935410, Content	104550
Development, Acquisition, and Distribution, up to $2,695,736 in	104551
fiscal year 2010 and up to $2,696,336 in fiscal year 2011 shall be	104552
distributed by eTech Ohio to Ohio's qualified public educational	104553
television stations and educational radio stations to support	104554
their operations. The funds shall be distributed pursuant to an	104555
allocation formula used by the Ohio Educational	104556
Telecommunications Network Commission unless a substitute formula	104557
is developed by eTech Ohio in consultation with Ohio's qualified	104558
public educational television stations and educational radio	104559
stations.	104560

Of the foregoing appropriation 935410, Content Development,	104561
Acquisition, and Distribution, up to $336,965 in fiscal year 2010	104562
and up to $337,003 in fiscal year 2011 shall be distributed by	104563
eTech Ohio to Ohio's qualified radio reading services to support	104564
their operations. The funds shall be distributed pursuant to an	104565
allocation formula used by the Ohio Educational Telecommunications	104566
Network Commission unless a substitute formula is developed by	104567
eTech Ohio in consultation with Ohio's qualified radio reading	104568
services.	104569

Section 281.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	104570
DEVELOPMENT	104571

The foregoing appropriation item 935411, Technology	104572
Integration and Professional Development, shall be used by eTech	104573
Ohio for the provision of staff development, hardware, software,	104574
telecommunications services, and information resources to support	104575
educational uses of technology in the classroom and at a distance	104576
and for professional development for teachers, administrators, and	104577
technology staff on the use of educational technology in	104578
qualifying public schools, including the State School for the	104579
Blind, the State School for the Deaf, and the Department of Youth	104580
Services.	104581

Of the foregoing appropriation item 935411, Technology	104582
Integration and Professional Development, up to $2,575,641 in	104583
fiscal year 2010 and up to $2,575,966 in fiscal year 2011, shall	104584
be used by eTech Ohio to contract with educational television to	104585
provide Ohio public schools with instructional resources and	104586
services with priority given to resources and services aligned	104587
with state academic content standards and such resources and	104588
services shall be based upon the advice and approval of eTech	104589
Ohio, based on a formula used by the Ohio SchoolNet Commission	104590
unless and until a substitute formula is developed by eTech Ohio	104591
in consultation with Ohio's educational technology agencies and	104592
noncommercial educational television stations.	104593

Section 281.35. DISTANCE LEARNING PILOT PROJECT

104594

The foregoing appropriation item 935427 shall be used by	104595
eTech Ohio to create a distance learning pilot project and to hire	104596
teachers to develop and teach the courses pursuant to section	104597
3353.20 of the Revised Code. Any funds remaining after these	104598
purposes are completed may be used by eTech Ohio to provide funds	104599
to assist schools to which Section 281.36 of this act does not	104600
apply for purchasing video conferencing telecommunications	104601
equipment and to upgrade Internet service pursuant to divisions	104602
(A)(3) to (5) of section 3353.20 of the Revised Code.	104603

Notwithstanding anything to the contrary in section 3353.20	104604
of the Revised Code, no school or school district to which	104605
Section 281.36 of this act does not apply shall be entitled to	104606
the items specified in divisions (A)(3) to (5) of section	104607
3353.20 of the Revised Code.	104608

Section 281.36. INTERACTIVE DISTANCE LEARNING PROGRAM

104609

(A) As used in this section, "Title I school" means a school	104610
that receives federal funds for services to disadvantaged students	104611
under Title 20 of the United States Code, Part A, Subchapter I,	104612
Chapter 70 (20 U.S.C. 6301 et seq.).	104613

(B) This section applies only to Title I schools.

104614

(C) Notwithstanding anything in section 3353.20 of the	104615
Revised Code to the contrary, the foregoing appropriation item	104616
935609, Interactive Distance Learning Program, shall be used by	104617
eTech Ohio to provide grants on a competitive basis to Title I	104618
schools for their participation in the interactive distance	104619
learning pilot project established under that section in the	104620
manner prescribed by this section.	104621

(1) The Commission shall issue a request for proposals for	104622
awards to be issued before or during the 2009-2010 academic year.	104623

(2) The Commission shall limit the number of grants so that	104624
each grant recipient receives an amount that is sufficient to	104625
ensure full participation in the program. The Commission shall	104626
endeavor to award grants in a manner that ensures diversity among	104627
grant recipients according to geographical regions, economic	104628
scale, and school district size.	104629

(3) In awarding grants under this section, the Commission	104630
shall give priority to the following:	104631

(a) School districts for which advanced placement or foreign	104632
language course offerings make up less than one per cent of the	104633
district's total course offerings;	104634

(b) Schools and school districts that without additional	104635
assistance lack the necessary connectivity to offer interactive	104636
distance learning courses;	104637

(c) Schools and school districts that demonstrate commitment	104638
to appropriately supporting distance learning offerings, as	104639
determined satisfactory by the Commission, including but not	104640
limited to:	104641

(i) Enrolling a minimum number of students to participate in	104642
the distance learning classes;	104643

(ii) Committing the necessary personnel to facilitate and	104644
assist students with distance learning classes;	104645

(iii) Committing the necessary personnel capable of operating	104646
distance learning equipment.	104647

(d) Schools and school districts that without additional	104648
assistance lack the necessary equipment to offer interactive	104649
distance learning courses;	104650

(e) School districts that demonstrate that the course	104651
offerings will take place during the regular school day.	104652

(D) In implementing this section, the Commission shall do all	104653
of the following:	104654

(1) Solicit all Title I schools to participate in the	104655
program;	104656

(2) Require twenty-five per cent of any grant award to be	104657
used for professional development. This professional development	104658
shall include at least one component of training in the classroom.	104659
It also shall include any training conducted by the Commission	104660
that the Commission deems necessary to participate in the program.	104661

(3) Contract for the development and offering of interactive	104662
distance learning courses. The Commission shall withhold an equal	104663
proportion of each grantee's award to pay for any cost associated	104664
with the development and offering of the courses offered by the	104665
program.	104666

(4) Require each Title I school submitting proposals to	104667
specify the amount, if any, needed to purchase video conferencing	104668
telecommunications equipment and connectivity devices and the cost	104669
of upgrading the school.	104670

(5) Require each Title I school submitting proposals to	104671
specify the amount needed to upgrade its Internet service, if the	104672
school currently has a connection slower than 1.544 Mbits per	104673
second;	104674

(6) Assist schools in arranging for the purchase and	104675
installation of telecommunications equipment and connectivity	104676
devices;	104677

(7) Retain five per cent of the appropriated funds to	104678
administer and oversee the operation of the program.	104679

(E) In the development of, administration of, oversight of,	104680
and award of funds for the program, the Commission shall not be	104681
obligated for more than the amount appropriated in this Section	104682
and Section 281.37 of this act.	104683

Section 281.37. TRANSFER OF CASH FROM THE TECHNOLOGY	104684
LITERACY TRANSFER FUND (FUND 3S20)	104685

On July 1 of each fiscal year, or as soon as possible	104686
thereafter, the Director of Budget and Management shall transfer	104687
$4,500,000 cash from the Technology Literacy Transfer Fund (Fund	104688
3S20) used by the Department of Education to the Interactive	104689
Distance Learning Program Fund (Fund 5GP0), which is hereby	104690
created, used by eTech Ohio, to provide grants under Section	104691
281.36 of this act.	104692

Section 281.40. TELECOMMUNITY

104693

The foregoing appropriation item 935630, Telecommunity,	104694
shall be distributed by eTech Ohio on a grant basis to eligible	104695
school districts to establish "distance learning" through	104696
interactive video technologies in the school district. Per	104697
agreements with eight Ohio local telephone companies, ALLTEL Ohio,	104698
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	104699
Cincinnati Bell Telephone Company, Orwell Telephone Company,	104700
Sprint North Central Telephone, VERIZON, and Western Reserve	104701
Telephone Company, school districts are eligible for funds if they	104702
are within one of the listed telephone company service areas.	104703
Funds to administer the program shall be expended by eTech Ohio up	104704
to the amount specified in the agreements with the listed	104705
telephone companies.	104706

Within thirty days after the effective date of this section,	104707
the Director of Budget and Management shall transfer to Fund 4W90	104708
in the State Special Revenue Fund Group any investment earnings	104709
from moneys paid by any telephone company as part of any	104710
settlement agreement between the listed companies and the Public	104711
Utilities Commission in fiscal years 1996 and beyond.	104712

DISTANCE LEARNING

104713

The foregoing appropriation item 935634, Distance Learning,	104714
shall be distributed by eTech Ohio on a grant basis to eligible	104715
school districts to establish "distance learning" in the school	104716
district. Per an agreement with Ameritech, school districts are	104717
eligible for funds if they are within an Ameritech service area.	104718
Funds to administer the program shall be expended by eTech Ohio up	104719
to the amount specified in the agreement with Ameritech.	104720

Within thirty days after the effective date of this section,	104721
the Director of Budget and Management shall transfer to Fund 4X10	104722
in the State Special Revenue Fund Group any investment earnings	104723
from moneys paid by any telephone company as part of a settlement	104724
agreement between the company and the Public Utilities Commission	104725
in fiscal year 1995.	104726

GATES FOUNDATION GRANTS

104727

The foregoing appropriation item 935607, Gates Foundation	104728
Grants, shall be used by eTech Ohio to provide professional	104729
development to school district principals, superintendents, and	104730
other administrative staff on the use of education technology.	104731

Section 283.10. ETH OHIO ETHICS COMMISSION

104732

General Revenue Fund	104733

GRF	146321		Operating Expenses		$	1,682,020		$	1,682,120		104734
TOTAL GRF General Revenue Fund					$	1,682,020		$	1,682,120		104735

General Services Fund Group	104736

4M60	146601	Operating Expenses	$	544,543	$	588,943	104737
TOTAL GSF General Services							104738
Fund Group			$	544,543	$	588,943	104739
TOTAL ALL BUDGET FUND GROUPS			$	2,226,563	$	2,271,063	104740

Section 285.10. EXP OHIO EXPOSITIONS COMMISSION

104742

General Revenue Fund	104743

GRF	723403		Junior Fair Subsidy		$	360,000		$	360,000		104744
TOTAL GRF General Revenue Fund					$	360,000		$	360,000		104745

State Special Revenue Fund Group	104746

4N20	723602	Ohio State Fair Harness Racing	$	520,000	$	520,000	104747
5060	723601	Operating Expenses	$	13,505,000	$	13,505,000	104748
TOTAL SSR State Special Revenue							104749
Fund Group			$	14,025,000	$	14,025,000	104750
TOTAL ALL BUDGET FUND GROUPS			$	14,385,000	$	14,385,000	104751

STATE FAIR RESERVE

104752

The General Manager of the Expositions Commission may submit	104753
a request to the Director of Budget and Management to use	104754
available amounts in the State Fair Reserve Fund (Fund 6400) if	104755
the following conditions apply:	104756

(A) Admissions receipts for the 2009 or 2010 Ohio State Fair	104757
are less than $1,982,000 because of inclement weather or	104758
extraordinary circumstances;	104759

(B) The Ohio Expositions Commission declares a state of	104760
fiscal exigency; and	104761

(C) The request contains a plan describing how the	104762
Expositions Commission will eliminate the cash shortage causing	104763
the request.	104764

The amount approved by the Director of Budget and Management	104765
is hereby appropriated.	104766

Section 287.10. GOV OFFICE OF THE GOVERNOR

104767

General Revenue Fund	104768

GRF	040321	Operating Expenses	$	2,971,945	$	2,971,945	104769
GRF	040403	Federal Relations	$	201,201	$	201,201	104770
TOTAL GRF General Revenue Fund			$	3,173,146	$	3,173,146	104771

General Services Fund Group	104772

5AK0	040607		Federal Relations		$	365,149		$	365,149		104773
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		104774

TOTAL ALL BUDGET FUND GROUPS

3,538,295

104775

FEDERAL RELATIONS

104776

A portion of the foregoing appropriation items 040403,	104777
Federal Relations, and 040607, Federal Relations, may be used to	104778
support Ohio's membership in national or regional associations.	104779

The Office of the Governor may charge any state agency of the	104780
executive branch using an intrastate transfer voucher such amounts	104781
necessary to defray the costs incurred for the conduct of federal	104782
relations associated with issues that can be attributed to the	104783
agency. Amounts collected shall be deposited in the Federal	104784
Relations Fund (Fund 5AK0).	104785

Section 289.10. DOH DEPARTMENT OF HEALTH

104786

General Revenue Fund	104787

GRF	440407	Animal Borne Disease and Prevention	$	600,000	$	642,291	104788
GRF	440412	Cancer Incidence Surveillance System	$	874,234	$	874,234	104789
GRF	440413	Local Health Department Support	$	3,301,921	$	3,301,921	104790
GRF	440416	Mothers and Children Safety Net Services	$	7,690,449	$	7,690,449	104791
GRF	440418	Immunizations	$	7,739,432	$	7,839,432	104792
GRF	440431	Free Clinics Safety Net Services	$	624,751	$	624,751	104793
GRF	440437	Healthy Ohio	$	2,569,998	$	2,569,998	104794
GRF	440438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	104795
GRF	440444	AIDS Prevention and Treatment	$	6,442,314	$	6,442,314	104796
GRF	440446	Infectious Disease Protection and Surveillance	$	1,415,883	$	1,415,883	104797
GRF	440451	Public Health Laboratory	$	3,099,138	$	3,099,138	104798
GRF	440452	Child and Family Health Services Match	$	921,615	$	921,615	104799
GRF	440453	Health Care Quality Assurance	$	10,402,795	$	10,402,795	104800
GRF	440454	Local Environmental Health	$	1,155,219	$	1,155,219	104801
GRF	440459	Help Me Grow	$	36,500,000	$	36,500,000	104802
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	104803
GRF	440467	Access to Dental Care	$	772,120	$	772,120	104804
GRF	440468	Chronic Disease and Injury Prevention	$	792,363	$	792,363	104805
GRF	440469	Health - Federal Stimulus	$	2,680,035	$	2,463,903	104806
GRF	440505	Medically Handicapped Children	$	8,762,451	$	8,762,451	104807
GRF	440507	Targeted Health Care Services Over 21	$	1,493,449	$	1,493,449	104808
GRF	440511	Uncompensated Care/Emergency Medical Assistance	$	589,738	$	663,579	104809
GRF	440514	Katz Cord Blood Foundation	$	100,000	$	100,000	104810
TOTAL GRF General Revenue Fund			$	103,714,593	$	103,714,593	104811

State Highway Safety Fund Group	104812

4T40	440603	Child Highway Safety	$	233,894	$	233,894	104813
TOTAL HSF State Highway Safety			$		$		104814
Fund Group			$	233,894	$	233,894	104815

General Services Fund Group	104816

1420	440646	Agency Health Services	$	9,876,043	$	10,334,250	104817
2110	440613	Central Support Indirect Costs	$	31,411,719	$	31,902,600	104818
4730	440622	Lab Operating Expenses	$	5,323,860	$	5,396,471	104819
6830	440633	Employee Assistance Program	$	1,330,947	$	1,353,323	104820
6980	440634	Nurse Aide Training	$	170,000	$	170,000	104821
TOTAL GSF General Services							104822
Fund Group			$	48,112,569	$	49,156,644	104823

Federal Special Revenue Fund Group	104824

3200	440601	Maternal Child Health Block Grant	$	29,056,772	$	29,068,886	104825
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	104826
3890	440604	Women, Infants, and Children	$	298,672,689	$	308,672,689	104827
3910	440606	Medicaid/Medicare	$	25,891,157	$	26,826,242	104828
3920	440618	Federal Public Health Programs	$	136,778,215	$	136,778,215	104829
TOTAL FED Federal Special Revenue							104830
Fund Group			$	498,225,492	$	509,172,691	104831

State Special Revenue Fund Group	104832

4700	440647	Fee Supported Programs	$	25,905,140	$	25,905,140	104833
4710	440619	Certificate of Need	$	989,000	$	1,021,753	104834
4770	440627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	104835
4D60	440608	Genetics Services	$	3,317,000	$	3,317,000	104836
4F90	440610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	104837
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	104838
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	104839
4L30	440609	Miscellaneous Expenses	$	746,468	$	746,468	104840
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	104841
4V60	440641	Save Our Sight	$	2,938,649	$	3,115,938	104842
5B50	440616	Quality, Monitoring, and Inspection	$	1,005,699	$	1,015,053	104843
5C00	440615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	104844
5CJ0	440654	Sewage Treatment System Innovation	$	250,000	$	250,000	104845
5CN0	440645	Choose Life	$	75,000	$	75,000	104846
5D60	440620	Second Chance Trust	$	1,054,951	$	1,054,951	104847
5ED0	440651	Smoke Free Indoor Air	$	189,500	$	190,452	104848
5G40	440639	Adoption Services	$	20,000	$	20,000	104849
5L10	440623	Nursing Facility Technical Assistance Program	$	698,595	$	698,595	104850
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	104851
6100	440626	Radiation Emergency Response	$	887,445	$	920,372	104852
6660	440607	Medically Handicapped Children - County Assessments	$	17,320,687	$	17,320,687	104853
TOTAL SSR State Special Revenue							104854
Fund Group			$	62,208,769	$	62,462,044	104855

Holding Account Redistribution Fund Group	104856

R014	440631	Vital Statistics	$	70,000	$	70,000	104857
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	104858
TOTAL 090 Holding Account							104859
Redistribution Fund Group			$	90,000	$	90,000	104860

Tobacco Master Settlement Agreement Fund Group	104861

5BX0	440656	Tobacco Use Prevention	$	6,000,000	$	6,000,000	104862
TOTAL TSF Tobacco Master Settlement							104863
Agreement Fund Group			$	6,000,000	$	6,000,000	104864
TOTAL ALL BUDGET FUND GROUPS			$	718,585,317	$	730,829,866	104865

Section 289.20. HEALTHY OHIO

104867

Of the foregoing appropriation item 440437, Healthy Ohio,	104868
$500,000 in each fiscal year, shall be allocated to the Activate	104869
Ohio - Diabetes Education, Support, and Self-Management Program.	104870

MOTHERS AND CHILDREN SAFETY NET SERVICES

104871

Of the foregoing appropriation item 440416, Mothers and	104872
Children Safety Net Services, the following amounts shall be	104873
allocated in each fiscal year: $15,000 to the Jewish Family	104874
Services in Dayton, of which $5,000 shall be used for children's	104875
health and nutrition programs; $10,000 to the Jewish Community	104876
Center in Akron, of which $5,000 shall be used for children's	104877
health and nutrition programs; $10,000 to the Jewish Community	104878
Services in Sylvania, of which $5,000 shall be used for children's	104879
health and nutrition programs; $7,500 to the Jewish Community	104880
Center in Youngstown, of which $5,000 shall be used for children's	104881
health and nutrition programs; $4,500 to the Jewish Community	104882
Center in Canton, of which $2,000 shall be used for children's	104883
health and nutrition programs; $16,667 to the Yassenoff Jewish	104884
Community Center for children's health and nutrition camp	104885
programs; $16,666 to the Jewish Community Center in Cleveland for	104886
children's health and nutrition camp programs; $15,000 to the	104887
Jewish Family Services in Cleveland for interpreters for	104888
healthcare; $16,667 to the Jewish Community Center in Cincinnati	104889
for children's health and nutrition camp programs; $15,000 to the	104890
Jewish Family Services in Cincinnati for interpreters for	104891
healthcare; $15,000 to the Jewish Family Services in Columbus for	104892
interpreters for healthcare; and $10,000 to the Wexner Heritage	104893
Village for interpreters for healthcare.	104894

HIV/AIDS PREVENTION/TREATMENT

104895

The foregoing appropriation item 440444, AIDS Prevention and	104896
Treatment, shall be used to assist persons with HIV/AIDS in	104897
acquiring HIV-related medications and to administer educational	104898
prevention initiatives.	104899

INFECTIOUS DISEASE PREVENTION

104900

The foregoing appropriation item 440446, Infectious Disease	104901
Protection and Surveillance, shall be used for coordination and	104902
management of prevention program operations and the purchase of	104903
drugs for sexually transmitted diseases.	104904

HELP ME GROW

104905

The foregoing appropriation item 440459, Help Me Grow, shall	104906
be used by the Department of Health to distribute subsidies to	104907
counties to implement the Help Me Grow Program. Appropriation item	104908
440459, Help Me Grow, may be used in conjunction with Early	104909
Intervention funding from the Department of Mental Retardation	104910
and Developmental Disabilities, and in conjunction with other	104911
early childhood funds and services to promote the optimal	104912
development of young children. The Department of Health shall	104913
enter into an interagency agreement with the Department of	104914
Education, Department of Mental Retardation and Developmental	104915
Disabilities, Department of Job and Family Services, and	104916
Department of Mental Health to ensure that all early childhood	104917
programs and initiatives are coordinated and school linked.	104918

The foregoing appropriation item 440459, Help Me Grow, shall	104919
also be used for the Autism Diagnosis Education Pilot Program.	104920

DEPARTMENT OF HEALTH - FEDERAL STIMULUS

104921

Upon the request of the Director of Health, the Director of	104922
Budget and Management may transfer appropriation from	104923
appropriation item 440469, Health – Federal Stimulus, to the	104924
following appropriation items: $300,000 in fiscal year 2010 and	104925
$257,709 in fiscal year 2011 to appropriation item 440407, Animal	104926
Borne Disease and Prevention; $50,000 in each fiscal year to	104927
appropriation item 440412, Cancer Incidence Surveillance System;	104928
$106,194 in each fiscal year to appropriation item 440413, Local	104929
Health Department Support; $800,000 in fiscal year 2010 and	104930
$700,000 in fiscal year 2011 to appropriation item 440418,	104931
Immunizations; $200,000 in each fiscal year to appropriation item	104932
440431, Free Clinics Safety Net Services; $200,000 in each fiscal	104933
year to appropriation item 440446, Infectious Disease Protection	104934
and Surveillance; $100,000 in each fiscal year to appropriation	104935
item 440454, Local Environmental Health; $50,000 in each fiscal	104936
year to appropriation item 440465, Federally Qualified Health	104937
Centers; $100,000 in each fiscal year to appropriation item	104938
440468, Chronic Disease and Injury Prevention; and $773,841 in	104939
fiscal year 2010 and $700,000 in fiscal year 2011 to appropriation	104940
item 440511, Uncompensated Care/Emergency Medical Assistance.	104941

TARGETED HEALTH CARE SERVICES OVER 21

104942

The foregoing appropriation item 440507, Targeted Health	104943
Care Services Over 21, shall be used to administer the Cystic	104944
Fibrosis Program and to implement the Hemophilia Insurance	104945
Premium Payment Program.	104946

The foregoing appropriation item 440507, Targeted Health	104947
Care Services Over 21, shall also be used to provide essential	104948
medications and to pay the copayments for drugs approved by the	104949
Department of Health and covered by Medicare Part D that are	104950
dispensed to Bureau for Children with Medical Handicaps (BCMH)	104951
participants for the Cystic Fibrosis Program.	104952

These funds also may be used, to the extent that funding is	104953
available, to provide up to 18 in-patient hospital days for	104954
participants in the Cystic Fibrosis Program.	104955

The Department shall expend all of these funds.

104956

GENETICS SERVICES

104957

The foregoing appropriation item 440608, Genetics Services	104958
(Fund 4D60), shall be used by the Department of Health to	104959
administer programs authorized by sections 3701.501 and 3701.502	104960
of the Revised Code. None of these funds shall be used to counsel	104961
or refer for abortion, except in the case of a medical emergency.	104962

MEDICALLY HANDICAPPED CHILDREN AUDIT

104963

The Medically Handicapped Children Audit Fund (Fund 4770)	104964
shall receive revenue from audits of hospitals and recoveries from	104965
third-party payers. Moneys may be expended for payment of audit	104966
settlements and for costs directly related to obtaining recoveries	104967
from third-party payers and for encouraging Medically Handicapped	104968
Children's Program recipients to apply for third-party benefits.	104969
Moneys also may be expended for payments for diagnostic and	104970
treatment services on behalf of medically handicapped children, as	104971
defined in division (A) of section 3701.022 of the Revised Code,	104972
and Ohio residents who are twenty-one or more years of age and who	104973
are suffering from cystic fibrosis or hemophilia. Moneys may also	104974
be expended for administrative expenses incurred in operating the	104975
Medically Handicapped Children's Program.	104976

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	104977
PERMIT FUND	104978

The Director of Budget and Management, pursuant to a plan	104979
submitted by the Department of Health, or as otherwise determined	104980
by the Director of Budget and Management, shall set a schedule to	104981
transfer cash from the Liquor Control Fund (Fund 7043) to the	104982
Alcohol Testing and Permit Fund (Fund 5C00) to meet the operating	104983
needs of the Alcohol Testing and Permit Program.	104984

The Director of Budget and Management may transfer to the	104985
Alcohol Testing and Permit Fund (Fund 5C00) from the Liquor	104986
Control Fund (Fund 7043) created in section 4301.12 of the Revised	104987
Code such amounts at such times as determined by the transfer	104988
schedule.	104989

DENTIST LOAN REPAYMENT ADVISORY BOARD

104990

As specified in the amendments made by this act to section	104991
3702.92 of the Revised Code, the Governor, Speaker of the House of	104992
Representatives, and President of the Senate shall each appoint	104993
one additional member to the Dentist Loan Repayment Advisory	104994
Board. The appointments shall be made not later than sixty days	104995
after the effective date of section 3702.92 of the Revised Code.	104996
The terms of office of the additional members shall end on	104997
January 27, 2011, except that a legislative member ceases to be a	104998
member of the Board on ceasing to be a member of the General	104999
Assembly. Vacancies occurring prior to January 27, 2011, shall be	105000
filled in the manner prescribed for original appointments under	105001
this section.	105002

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

105003

The foregoing appropriation item 440607, Medically	105004
Handicapped Children - County Assessments (Fund 6660), shall be	105005
used to make payments under division (E) of section 3701.023 of	105006
the Revised Code.	105007

CASH TRANSFER FROM THE SEWAGE INNOVATION FUND TO FEE	105008
SUPPORTED PROGRAMS FUND	105009

On July 1, 2009, or as soon as possible thereafter, the	105010
Director of Health shall certify to the Director of Budget and	105011
Management the amount of cash to be transferred from the Sewage	105012
Innovation Fund (Fund 5CJ0) to the Fee Supported Program Fund	105013
(Fund 4700) to meet the needs of the Sewage Program. The Director	105014
of Budget and Management may transfer the amount certified. The	105015
amount certified is hereby appropriated.	105016

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

105017

On July 1, 2009, or as soon as possible thereafter, the	105018
Director of Budget and Management may transfer, cash from the	105019
Resident Protection Fund (Fund 4E30), which is used by the Ohio	105020
Department of Job and Family Services, to the Nursing Facility	105021
Technical Assistance Program Fund (Fund 5L10), which is used by	105022
the Ohio Department of Health, to be used under section 3721.026	105023
of the Revised Code. The transfers shall equal $698,595 in each	105024
fiscal year.	105025

Section 291.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

105026

Agency Fund Group	105027

4610	372601	Operating Expenses	$	40,000	$	40,000	105028
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	105029
TOTAL ALL BUDGET FUND GROUPS			$	40,000	$	40,000	105030

Section 293.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

105032

General Revenue Fund	105033

GRF	148100	Personal Services	$	328,353	$	328,353	105034
GRF	148200	Maintenance	$	50,000	$	50,000	105035
GRF	148402	Community Projects	$	129,264	$	129,264	105036
TOTAL GRF General Revenue Fund			$	507,617	$	507,617	105037

General Services Fund Group	105038

6010	148602	Gifts and Miscellaneous	$	10,000	$	10,000	105039
TOTAL GSF General Services							105040
Fund Group			$	10,000	$	10,000	105041
TOTAL ALL BUDGET FUND GROUPS			$	517,617	$	517,617	105042

Section 295.10. OHS OHIO HISTORICAL SOCIETY

105044

General Revenue Fund	105045

GRF	360501	Education and Collections	$	3,291,754	$	3,291,754	105046
GRF	360502	Site and Museum Operations	$	6,165,927	$	6,165,927	105047
GRF	360504	Ohio Preservation Office	$	326,066	$	326,066	105048
GRF	360505	National Afro-American Museum	$	592,568	$	592,568	105049
GRF	360506	Hayes Presidential Center	$	401,490	$	401,490	105050
GRF	360508	State Historical Grants	$	800,600	$	800,600	105051
GRF	360509	Outreach and Partnership	$	703,638	$	703,638	105052
TOTAL GRF General Revenue Fund			$	12,282,043	$	12,282,043	105053
TOTAL ALL BUDGET FUND GROUPS			$	12,282,043	$	12,282,043	105054

SUBSIDY APPROPRIATION

105055

Upon approval by the Director of Budget and Management, the	105056
foregoing appropriation items shall be released to the Ohio	105057
Historical Society in quarterly amounts that in total do not	105058
exceed the annual appropriations. The funds and fiscal records of	105059
the society for fiscal year 2010 and fiscal year 2011 shall be	105060
examined by independent certified public accountants approved by	105061
the Auditor of State, and a copy of the audited financial	105062
statements shall be filed with the Office of Budget and	105063
Management. The society shall prepare and submit to the Office of	105064
Budget and Management the following:	105065

(A) An estimated operating budget for each fiscal year of the	105066
biennium. The operating budget shall be submitted at or near the	105067
beginning of each calendar year.	105068

(B) Financial reports, indicating actual receipts and	105069
expenditures for the fiscal year to date. These reports shall be	105070
filed at least semiannually during the fiscal biennium.	105071

The foregoing appropriations shall be considered to be the	105072
contractual consideration provided by the state to support the	105073
state's offer to contract with the Ohio Historical Society under	105074
section 149.30 of the Revised Code.	105075

STATE ARCHIVES

105076

Of the foregoing appropriation item 360501, Education and	105077
Collections, $910,459 in each fiscal year shall be used for the	105078
State Archives, Library, and Artifact Collections Program.	105079

HAYES PRESIDENTIAL CENTER

105080

If a United States government agency, including, but not	105081
limited to, the National Park Service, chooses to take over the	105082
operations or maintenance of the Hayes Presidential Center, in	105083
whole or in part, the Ohio Historical Society shall make	105084
arrangements with the National Park Service or other United States	105085
government agency for the efficient transfer of operations or	105086
maintenance.	105087

Section 295.20. STATE HISTORICAL GRANTS

105088

Of the foregoing appropriation item 360508, State Historical	105089
Grants, $200,000 in each fiscal year shall be used for the Western	105090
Reserve Historical Society.	105091

Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES

105092

General Revenue Fund	105093

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		105094
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		105095

General Services Fund Group	105096

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	105097
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	105098
TOTAL GSF General Services							105099
Fund Group			$	1,471,513	$	1,471,513	105100
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	105101

OPERATING EXPENSES

105102

On July 1, 2009, or as soon as possible thereafter, the Clerk	105103
of the House of Representatives may certify to the Director of	105104
Budget and Management the amount of the unexpended, unencumbered	105105
balance of the foregoing appropriation item 025321, Operating	105106
Expenses, at the end of fiscal year 2009 to be reappropriated to	105107
fiscal year 2010. The amount certified is hereby reappropriated to	105108
the same appropriation item for fiscal year 2010.	105109

On July 1, 2010, or as soon as possible thereafter, the Clerk	105110
of the House of Representatives may certify to the Director of	105111
Budget and Management the amount of the unexpended, unencumbered	105112
balance of the foregoing appropriation item 025321, Operating	105113
Expenses, at the end of fiscal year 2010 to be reappropriated to	105114
fiscal year 2011. The amount certified is hereby reappropriated to	105115
the same appropriation item for fiscal year 2011.	105116

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

105117

Agency Fund Group	105118

5AZ0	997601	Housing Finance Agency Personal Services	$	10,186,713	$	10,386,426	105119
TOTAL AGY Agency Fund Group			$	10,186,713	$	10,386,426	105120
TOTAL ALL BUDGET FUND GROUPS			$	10,186,713	$	10,386,426	105121

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

105123

General Revenue Fund	105124

GRF	965321		Operating Expenses		$	1,164,218		$	1,164,218		105125
TOTAL GRF General Revenue Fund					$	1,164,218		$	1,164,218		105126

General Services Fund Group	105127

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	105128
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	105129
TOTAL GSF General Services Fund Group			$	825,000	$	825,000	105130
TOTAL ALL BUDGET FUND GROUPS			$	1,989,218	$	1,989,218	105131

Section 307.10. INS DEPARTMENT OF INSURANCE

105133

General Revenue Fund	105134

GRF	820607		State Coverage Initiative		$	10,000,000		$	10,000,000		105135
TOTAL GRF General Revenue Fund					$	10,000,000		$	10,000,000		105136

Federal Special Revenue Fund Group	105137

3CX0	820608	State Coverage Initiative - Federal	$	50,000,000	$	100,000,000	105138
3U50	820602	OSHIIP Operating Grant	$	1,770,000	$	1,790,000	105139
TOTAL FED Federal Special							105140
Revenue Fund Group			$	51,770,000	$	101,790,000	105141

State Special Revenue Fund Group	105142

5540	820601	Operating Expenses - OSHIIP	$	200,000	$	200,000	105143
5540	820606	Operating Expenses	$	23,105,028	$	23,108,297	105144
5540	820609	State Coverage Initiative Administration	$	479,575	$	479,575	105145
5550	820605	Examination	$	9,275,768	$	9,294,668	105146
TOTAL SSR State Special Revenue							105147
Fund Group			$	33,060,371	$	33,082,540	105148
TOTAL ALL BUDGET FUND GROUPS			$	94,830,371	$	144,872,540	105149

STATE COVERAGE INITIATIVE

105150

Of the foregoing appropriation item 820607, State Coverage	105151
Initiative, up to $7,000,000 in each fiscal year shall be used to	105152
support health information technology strategies. The remainder of	105153
the appropriation shall be used to support the implementation of	105154
strategies recommended by the Health Care Coverage and Quality	105155
Council established in section 3923.90 of the Revised Code. In	105156
addition to health information technology, strategies may include	105157
implementation of patient-centered medical homes, improved	105158
consumer information, and payment reform. Up to $3,000,000 in each	105159
fiscal year may be used by the Superintendent of Insurance to	105160
transfer cash from the General Revenue Fund to another fund in the	105161
state treasury. The transfer shall be made using an intrastate	105162
transfer voucher.	105163

An amount equal to the unexpended, unencumbered portion of	105164
the foregoing appropriation item 820607, State Coverage	105165
Initiative, at the end of fiscal year 2010 is hereby	105166
reappropriated for the same purpose for fiscal year 2011.	105167

MARKET CONDUCT EXAMINATION

105168

When conducting a market conduct examination of any insurer	105169
doing business in this state, the Superintendent of Insurance may	105170
assess the costs of the examination against the insurer. The	105171
superintendent may enter into consent agreements to impose	105172
administrative assessments or fines for conduct discovered that	105173
may be violations of statutes or rules administered by the	105174
superintendent. All costs, assessments, or fines collected shall	105175
be deposited to the credit of the Department of Insurance	105176
Operating Fund (Fund 5540).	105177

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

105178

The Director of Budget and Management, at the request of the	105179
Superintendent of Insurance, may transfer funds from the	105180
Department of Insurance Operating Fund (Fund 5540), established by	105181
section 3901.021 of the Revised Code, to the Superintendent's	105182
Examination Fund (Fund 5550), established by section 3901.071 of	105183
the Revised Code, only for expenses incurred in examining domestic	105184
fraternal benefit societies as required by section 3921.28 of the	105185
Revised Code.	105186

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

105187

Not later than the thirty-first day of July each fiscal year,	105188
the Director of Budget and Management shall transfer $5,000,000	105189
from the Department of Insurance Operating Fund (Fund 5540) to the	105190
General Revenue Fund.	105191

HEALTH INSURANCE COVERAGE OF AUTISM SPECTRUM DISORDERS

105192

Of the foregoing appropriation item 820606, Operating	105193
Expenses, up to $20,000 in fiscal year 2010 shall be used by the	105194
Department of Insurance to conduct a study on insurance rates if	105195
health insurers are required to provide coverage for specified	105196
services for individuals diagnosed with an autism spectrum	105197
disorder. Not later than January 31, 2010, the study shall be	105198
completed and copies of the study shall be provided to the	105199
Governor, the Speaker of the House of the Representatives, the	105200
President of the Senate, and the minority leaders in the House of	105201
Representatives and the Senate, the Director of Budget and	105202
Management, the Superintendent of Insurance, and the Director of	105203
Job and Family Services.	105204

On July 1, 2009, or as soon as possible thereafter, the	105205
Director of Budget and Management shall transfer $20,000 cash from	105206
the General Revenue Fund to the Department of Insurance Operating	105207
Fund (Fund 5540).	105208

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

105209

General Revenue Fund	105210

GRF	600321	Support Services					105211
		State	$	52,432,042	$	52,817,104	105212
		Federal	$	9,252,713	$	9,320,665	105213
		Support Services Total	$	61,684,755	$	62,137,769	105214
GRF	600410	TANF State	$	191,607,468	$	203,858,335	105215
GRF	600413	Child Care Match/Maintenance of Effort	$	88,415,688	$	93,105,300	105216
GRF	600416	Computer Projects					105217
		State	$	92,734,743	$	93,242,343	105218
		Federal	$	10,303,860	$	10,360,260	105219
		Computer Projects Total	$	103,038,603	$	103,602,603	105220
GRF	600417	Medicaid Provider Audits	$	1,484,001	$	1,497,886	105221
GRF	600420	Child Support Administration	$	9,169,234	$	9,231,310	105222
GRF	600421	Office of Family Stability	$	4,653,955	$	4,720,001	105223
GRF	600423	Office of Children and Families	$	6,494,545	$	6,580,782	105224
GRF	600425	Office of Ohio Health Plans					105225
		State	$	14,688,390	$	11,452,327	105226
		Federal	$	15,287,916	$	11,919,769	105227
		Office of Ohio Health Plans Total	$	29,976,306	$	23,372,096	105228
GRF	600502	Administration - Local	$	23,582,308	$	23,150,288	105229
GRF	600511	Disability Financial Assistance	$	36,037,712	$	38,684,457	105230
GRF	600521	Entitlement Administration - Local	$	107,026,181	$	100,893,286	105231
GRF	600523	Children and Families Services	$	74,209,378	$	74,209,378	105232
GRF	600525	Health Care/Medicaid					105233
		State	$	2,514,349,157	$	3,539,226,149	105234
		Federal	$	6,355,149,581	$	7,407,312,042	105235
		Health Care Total	$	8,869,498,738	$	10,946,538,191	105236
GRF	600526	Medicare Part D	$	271,746,617	$	287,194,790	105237
GRF	600528	Adoption Services					105238
		State	$	38,722,700	$	41,060,302	105239
		Federal	$	49,792,948	$	47,455,346	105240
		Adoption Services Total	$	88,515,648	$	88,515,648	105241
GRF	600533	Child, Family, and Adult Community & Protective Services	$	12,500,000	$	12,500,000	105242
GRF	600534	Adult Protective Services	$	522,040	$	511,453	105243
GRF	600535	Early Care and Education	$	174,000,000	$	174,000,000	105244
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	105245
GRF	600541	Kinship Permanency Incentive Program	$	5,000,000	$	5,000,000	105246
GRF	600661	Child Care - Federal Stimulus	$	8,915,224	$	13,459,664	105247
TOTAL GRF General Revenue Fund							105248
		State	$	3,734,291,383	$	4,792,395,155	105249
		Federal	$	6,439,787,018	$	7,486,368,082	105250
		GRF Total	$	10,174,078,401	$	12,278,763,237	105251

General Services Fund Group	105252

4A80	600658	Child Support Collections	$	26,000,000	$	26,000,000	105253
4R40	600665	BCII Services/Fees	$	36,974	$	36,974	105254
5BG0	600653	Managed Care Assessment	$	168,914,857	$	0	105255
5C90	600671	Medicaid Program Support	$	69,876,838	$	68,313,238	105256
5DL0	600639	Medicaid Revenue and Collections	$	99,916,750	$	63,600,000	105257
5DM0	600633	Administration & Operating	$	19,853,583	$	19,928,733	105258
5FX0	600638	Medicaid Payment Withholding	$	26,000,000	$	26,000,000	105259
5N10	600677	County Technologies	$	1,000,000	$	1,000,000	105260
5P50	600692	Health Care Services	$	84,052,802	$	226,469,478	105261
6130	600645	Training Activities	$	110,000	$	110,000	105262
TOTAL GSF General Services							105263
Fund Group			$	495,761,804	$	431,458,423	105264

Federal Special Revenue Fund Group	105265

3270	600606	Child Welfare	$	33,972,321	$	33,984,200	105266
3310	600686	Federal Operating	$	60,672,731	$	56,569,912	105267
3840	600610	Food Assistance and State Administration	$	159,109,776	$	159,109,427	105268
3850	600614	Refugee Services	$	10,497,024	$	11,265,511	105269
3950	600616	Special Activities/Child and Family Services	$	3,113,200	$	2,813,200	105270
3960	600620	Social Services Block Grant	$	120,000,000	$	120,000,000	105271
3970	600626	Child Support	$	305,830,981	$	305,832,341	105272
3980	600627	Adoption Maintenance/ Administration	$	355,345,646	$	352,184,668	105273
3A20	600641	Emergency Food Distribution	$	9,953,222	$	4,970,000	105274
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	105275
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	105276
3F00	600623	Health Care Federal	$	3,205,010,014	$	2,429,425,188	105277
3F00	600650	Hospital Care Assurance Match	$	362,092,785	$	367,826,196	105278
3G50	600655	Interagency Reimbursement	$	1,703,777,044	$	1,666,905,912	105279
3H70	600617	Child Care Federal	$	241,862,780	$	241,862,779	105280
3N00	600628	IV-E Foster Care Maintenance	$	169,324,768	$	161,644,455	105281
3S50	600622	Child Support Projects	$	534,050	$	534,050	105282
3V00	600688	Workforce Investment Act	$	326,923,124	$	327,145,616	105283
3V40	600678	Federal Unemployment Programs	$	167,478,790	$	136,982,528	105284
3V40	600679	Unemployment Compensation Review Commission - Federal	$	3,487,473	$	3,487,473	105285
3V60	600689	TANF Block Grant	$	755,528,435	$	760,614,433	105286
TOTAL FED Federal Special Revenue							105287
Fund Group			$	7,997,098,828	$	7,145,742,553	105288

State Special Revenue Fund Group	105289

1980	600647	Children's Trust Fund	$	5,881,011	$	5,881,011	105290
4A90	600607	Unemployment Compensation Administration Fund	$	27,134,851	$	37,772,416	105291
4A90	600694	Unemployment Compensation Review Commission	$	2,357,197	$	2,431,133	105292
4E30	600605	Nursing Home Assessments	$	4,759,914	$	4,759,914	105293
4E70	600604	Child and Family Services Collections	$	300,000	$	300,000	105294
4F10	600609	Foundation Grants/Child & Family Services	$	250,000	$	250,000	105295
4J50	600613	Nursing Facility Bed Assessments	$	36,713,984	$	36,713,984	105296
4J50	600618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	105297
4K10	600621	ICF/MR Bed Assessments	$	28,261,826	$	29,482,434	105298
4R30	600687	Banking Fees	$	700,000	$	700,000	105299
4Z10	600625	HealthCare Compliance	$	10,000,000	$	10,000,000	105300
5AJ0	600631	Money Follows the Person	$	6,286,485	$	6,195,163	105301
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	105302
5DP0	600634	Adoption Assistance Loan	$	500,000		500,000	105303
5ES0	600630	Food Assistance	$	500,000	$	500,000	105304
5F20	600667	Building Consolidation	$	250,000	$	250,000	105305
5F30	600668	Building Consolidation	$	1,000,000	$	1,000,000	105306
5GC0	600640	GOFBCI/Family Stability	$	70,000	$	70,000	105307
5GF0	600656	Medicaid - Hospital	$	338,505,284	$	370,861,816	105308
5Q90	600619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	105309
5R20	600608	Medicaid-Nursing Facilities	$	329,947,751	$	341,125,000	105310
5S30	600629	MR/DD Medicaid Administration and Oversight	$	2,070,707	$	5,493,954	105311
5U30	600654	Health Care Services Administration	$	12,017,389	$	14,393,903	105312
5U60	600663	Children and Family Support	$	4,719,470	$	4,719,470	105313
6510	600649	Hospital Care Assurance Program Fund	$	220,612,051	$	218,164,239	105314
TOTAL SSR State Special Revenue							105315
Fund Group			$	1,106,663,918	$	1,165,390,435	105316

Agency Fund Group	105317

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	105318
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	105319
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	105320
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	105321

Holding Account Redistribution Fund Group	105322

R012	600643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	105323
R013	600644	Forgery Collections	$	10,000	$	10,000	105324
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	105325
TOTAL ALL BUDGET FUND GROUPS			$	19,925,212,951	$	21,172,964,648	105326

Section 309.20. SUPPORT SERVICES

105328

Section 309.20.10. AGENCY FUND GROUP

105329

The Agency Fund Group and Holding Account Redistribution Fund	105330
Group shall be used to hold revenues until the appropriate fund is	105331
determined or until the revenues are directed to the appropriate	105332
governmental agency other than the Department of Job and Family	105333
Services. If receipts credited to the Support Intercept – Federal	105334
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	105335
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	105336
Settlements Fund (Fund R012), or the Forgery Collections Fund	105337
(Fund R013) exceed the amounts appropriated from the fund, the	105338
Director of Job and Family Services may request the Director of	105339
Budget and Management to authorize expenditures from the fund in	105340
excess of the amounts appropriated. Upon the approval of the	105341
Director of Budget and Management, the additional amounts are	105342
hereby appropriated.	105343

Section 309.30. MEDICAID

105344

Section 309.30.10. HEALTH CARE/MEDICAID

105345

The foregoing appropriation item 600525, Health	105346
Care/Medicaid, shall not be limited by section 131.33 of the	105347
Revised Code.	105348

Section 309.30.15. CHILDREN'S HOSPITALS

105349

(A) As used in this section:

105350

(1) "Children's hospital" means a hospital that primarily	105351
serves patients eighteen years of age and younger and is excluded	105352
from Medicare prospective payment in accordance with 42 C.F.R.	105353
412.23(d).	105354

(2) "Medicaid inpatient cost-to-charge ratio" means the	105355
historic Medicaid inpatient cost-to-charge ratio applicable to a	105356
hospital as described in rules adopted by the Director of Job and	105357
Family Services in paragraph (B)(2) of rule 5101:3-2-22 of the	105358
Administrative Code.	105359

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	105360
the Administrative Code and except as provided in division (C) of	105361
this section, the Director of Job and Family Services shall pay a	105362
children's hospital that meets the criteria in paragraphs (E)(1)	105363
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	105364
cost outlier claim made in fiscal years 2010 and 2011, an amount	105365
that is the product of the hospital's allowable charges and the	105366
hospital's Medicaid inpatient cost-to-charge ratio.	105367

(C) The Director of Job and Family Services shall cease	105368
paying a children's hospital for a cost outlier claim under the	105369
methodology in division (B) of this section and revert to paying	105370
the hospital for such a claim according to the methodology in	105371
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	105372
Administrative Code, as applicable, when the difference between	105373
the total amount the Director has paid according to the	105374
methodology in division (B) of this section for such claims and	105375
the total amount the Director would have paid according to the	105376
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	105377
the Administrative Code for such claims, as the applicable	105378
paragraph existed on June 30, 2009, exceeds the sum of the state	105379
funds and corresponding federal match earmarked in division (F)	105380
of this section.	105381

(D) The Director of Job and Family Services shall make	105382
supplemental Medicaid payments to hospitals for inpatient services	105383
under a program modeled after the program the Department of Job	105384
and Family Services was required to create for fiscal years 2006	105385
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	105386
General Assembly if the difference between the total amount the	105387
Director has paid according to the methodology in division (B) of	105388
this section for cost outlier claims and the total amount the	105389
Director would have paid according to the methodology in paragraph	105390
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	105391
for such claims, as the applicable paragraph existed on June 30,	105392
2009, does not require the expenditure of all state and federal	105393
funds earmarked in division (F) of this section for the applicable	105394
fiscal year. The program may be the same as the program the	105395
Director used for making the payments to hospitals for fiscal	105396
years 2008 and 2009 under Section 309.30.13 of Am. Sub. H.B. 119	105397
of the 127th General Assembly.	105398

(E) The Director of Job and Family Services shall not adopt,	105399
amend, or rescind any rules that would result in decreasing the	105400
amount paid to children's hospitals under division (B) of this	105401
section for cost outlier claims.	105402

(F) Of the foregoing appropriation item, 600537, Children's	105403
Hospital, up to $6 million (state share) in each fiscal year plus	105404
the corresponding federal match, if available, shall be used by	105405
the Department to pay the amounts described in division (B) of	105406
this section.	105407

Section 309.30.20. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT	105408
SYSTEM FOR NURSING FACILITIES	105409

(A) As used in this section:

105410

"Franchise permit fee," "Medicaid days," "nursing facility,"	105411
and "provider" have the same meanings as in section 5111.20 of the	105412
Revised Code.	105413

"Nursing facility services" means nursing facility services	105414
covered by the Medicaid program that a nursing facility provides	105415
to a resident of the nursing facility who is a Medicaid recipient	105416
eligible for Medicaid-covered nursing facility services.	105417

(B) Except as otherwise provided by this section, the	105418
provider of a nursing facility that has a valid Medicaid provider	105419
agreement on June 30, 2009, and a valid Medicaid provider	105420
agreement during fiscal year 2010 shall be paid, for nursing	105421
facility services the nursing facility provides during fiscal year	105422
2010, the rate calculated for the nursing facility under sections	105423
5111.20 to 5111.33 of the Revised Code with the following	105424
adjustments:	105425

(1) Before the further adjustments required by this section	105426
are made, the nursing facility's rate for capital costs shall be	105427
the median rate for capital costs for the nursing facilities in	105428
the nursing facility's peer group as determined under division (D)	105429
of section 5111.25 of the Revised Code.	105430

(2) The cost per case mix-unit calculated under section	105431
5111.231 of the Revised Code, the rate for ancillary and support	105432
costs calculated under section 5111.24 of the Revised Code, the	105433
rate for capital costs specified in division (B)(1) of this	105434
section, and the rate for tax costs calculated under section	105435
5111.242 of the Revised Code shall each be adjusted as follows:	105436

(a) Increase the cost and rates so calculated by two per	105437
cent;	105438

(b) Increase the cost and rates determined under division	105439
(B)(2)(a) of this section by two per cent;	105440

(c) Increase the cost and rates determined under division	105441
(B)(2)(b) of this section by one per cent.	105442

(3) The mean payment used in the calculation of the quality	105443
incentive payment made under section 5111.244 of the Revised Code	105444
shall be, weighted by Medicaid days, three dollars and three cents	105445
per Medicaid day.	105446

(4) The rate, after the adjustments under divisions (B)(1),	105447
(2), and (3) of this section are made, shall be further increased	105448
by three dollars per Medicaid day.	105449

(5) The rate, after the adjustments under divisions (B)(1),	105450
(2), (3), and (4) of this section are made, shall be further	105451
increased by five dollars per Medicaid day if the nursing	105452
facility has more than two hundred fifty beds certified for the	105453
Medicaid program.	105454

(C) If the rate determined for a nursing facility under	105455
division (B) of this section for nursing facility services	105456
provided during fiscal year 2010 is more than the rate the	105457
provider is paid for nursing facility services the nursing	105458
facility provides on June 30, 2009, the Department of Job and	105459
Family Services shall reduce the nursing facility's fiscal year	105460
2010 rate by one-half of the difference between the rate	105461
determined for the nursing facility under division (B) of this	105462
section and the nursing facility's rate for June 30, 2009. If the	105463
rate determined for a nursing facility under division (B) of this	105464
section for nursing facility services provided during fiscal year	105465
2010 is less than the rate the provider is paid for nursing	105466
facility services the nursing facility provides on June 30, 2009,	105467
the Department shall increase the nursing facility's fiscal year	105468
2010 rate by five-sixths of the difference between the rate	105469
determined for the nursing facility under division (B) of this	105470
section and the nursing facility's rate for June 30, 2009.	105471

(D) If the United States Centers for Medicare and Medicaid	105472
Services requires that the franchise permit fee be reduced or	105473
eliminated, the Department of Job and Family Services shall reduce	105474
the amount it pays providers of nursing facility services under	105475
this section as necessary to reflect the loss to the state of the	105476
revenue and federal financial participation generated from the	105477
franchise permit fee.	105478

(E) The Department of Job and Family Services shall follow	105479
this section in determining the rate to be paid to the provider of	105480
a nursing facility that has a valid Medicaid provider agreement on	105481
June 30, 2009, and a valid Medicaid provider agreement during	105482
fiscal year 2010 notwithstanding anything to the contrary in	105483
sections 5111.20 to 5111.33 of the Revised Code.	105484

Section 309.30.30. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT	105485
SYSTEM FOR NURSING FACILITIES	105486

(A) As used in this section:

105487

"Franchise permit fee," "Medicaid days," "nursing facility,"	105488
and "provider" have the same meanings as in section 5111.20 of the	105489
Revised Code.	105490

"Nursing facility services" means nursing facility services	105491
covered by the Medicaid program that a nursing facility provides	105492
to a resident of the nursing facility who is a Medicaid recipient	105493
eligible for Medicaid-covered nursing facility services.	105494

(B) Except as otherwise provided by this section, the	105495
provider of a nursing facility that has a valid Medicaid provider	105496
agreement on June 30, 2010, and a valid Medicaid provider	105497
agreement during fiscal year 2011 shall be paid, for nursing	105498
facility services the nursing facility provides during fiscal year	105499
2011, the rate calculated for the nursing facility under sections	105500
5111.20 to 5111.33 of the Revised Code with the following	105501
adjustments:	105502

(1) Before the further adjustments required by this section	105503
are made, the nursing facility's rate for capital costs shall be	105504
the median rate for capital costs for the nursing facilities in	105505
the nursing facility's peer group as determined under division	105506
(D) of section 5111.25 of the Revised Code.	105507

(2) The cost per case mix-unit calculated under section	105508
5111.231 of the Revised Code, the rate for ancillary and support	105509
costs calculated under section 5111.24 of the Revised Code, the	105510
rate for capital costs specified in division (B)(1) of this	105511
section, and the rate for tax costs calculated under section	105512
5111.242 of the Revised Code shall each be adjusted as follows:	105513

(a) Increase the cost and rates so calculated by two per	105514
cent;	105515

(b) Increase the cost and rates determined under division	105516
(B)(2)(a) of this section by two per cent;	105517

(c) Increase the cost and rates determined under division	105518
(B)(2)(b) of this section by one per cent.	105519

(3) The mean payment used in the calculation of the quality	105520
incentive payment made under section 5111.244 of the Revised Code	105521
shall be, weighted by Medicaid days, three dollars and three cents	105522
per Medicaid day.	105523

(4) The rate, after the adjustments under divisions (B)(1),	105524
(2), and (3) of this section are made, shall be further increased	105525
by five dollars and thirty-five cents per Medicaid day.	105526

(5) The rate, after the adjustments under divisions (B)(1),	105527
(2), (3), and (4) of this section are made, shall be further	105528
increased by five dollars per Medicaid day if the nursing	105529
facility has more than two hundred fifty beds certified for the	105530
Medicaid program.	105531

(C) If the rate determined for a nursing facility under	105532
division (B) of this section for nursing facility services	105533
provided during fiscal year 2011 is less than the rate the	105534
provider is paid for nursing facility services the nursing	105535
facility provides on June 30, 2009, the Department of Job and	105536
Family Services shall increase the nursing facility's fiscal year	105537
2011 rate by two-thirds of the difference between the rate	105538
determined for the nursing facility under division (B) of this	105539
section and the nursing facility's rate for June 30, 2009.	105540

(D) If the United States Centers for Medicare and Medicaid	105541
Services requires that the franchise permit fee be reduced or	105542
eliminated, the Department of Job and Family Services shall reduce	105543
the amount it pays providers of nursing facility services under	105544
this section as necessary to reflect the loss to the state of the	105545
revenue and federal financial participation generated from the	105546
franchise permit fee.	105547

(E) The Department of Job and Family Services shall follow	105548
this section in determining the rate to be paid to the provider of	105549
a nursing facility that has a valid Medicaid provider agreement on	105550
June 30, 2010, and a valid Medicaid provider agreement during	105551
fiscal year 2011 notwithstanding anything to the contrary in	105552
sections 5111.20 to 5111.33 of the Revised Code.	105553

Section 309.30.60. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT	105554
SYSTEM FOR ICFs/MR	105555

(A) As used in this section:

105556

"Change of operator," "entering operator," and "exiting	105557
operator" have the same meanings as in section 5111.65 of the	105558
Revised Code.	105559

"Franchise permit fee" and "provider" have the same meanings	105560
as in section 5111.20 of the Revised Code.	105561

"ICF/MR" means an intermediate care facility for the mentally	105562
retarded as defined in section 5111.20 of the Revised Code.	105563

"ICF/MR services" means services covered by the Medicaid	105564
program that an ICF/MR provides to a Medicaid recipient eligible	105565
for the services.	105566

"Medicaid days" means all days during which a resident who is	105567
a Medicaid recipient occupies a bed in an ICF/MR that is included	105568
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	105569
hospital leave days for which payment is made under section	105570
5111.33 of the Revised Code are considered Medicaid days	105571
proportionate to the percentage of the ICF/MR's per resident per	105572
day rate paid for those days.	105573

"Per diem rate" means the per diem rate calculated pursuant	105574
to sections 5111.20 to 5111.33 of the Revised Code.	105575

(B) This section applies to providers of ICFs/MR to which	105576
either of the following applies:	105577

(1) The provider has a valid Medicaid provider agreement for	105578
the ICF/MR on June 30, 2009, and a valid Medicaid provider	105579
agreement for the ICF/MR during fiscal year 2010.	105580

(2) The ICF/MR undergoes a change of operator effective July	105581
1, 2009, the exiting operator has a valid Medicaid provider	105582
agreement for the ICF/MR on June 30, 2009, and the entering	105583
operator has a valid Medicaid provider agreement for the ICF/MR	105584
during fiscal year 2010.	105585

(C) Except as otherwise provided by this section, the	105586
provider of an ICF/MR to which this section applies shall be paid,	105587
for ICF/MR services the ICF/MR provides during fiscal year 2010,	105588
the rate calculated for the ICF/MR under sections 5111.20 to	105589
5111.33 of the Revised Code with the following adjustments:	105590

(1) If the rate determined for the ICF/MR under sections	105591
5111.20 to 5111.33 of the Revised Code for ICF/MR services	105592
provided in fiscal year 2010 is more than one hundred eight per	105593
cent of the rate the provider or exiting operator is paid for	105594
ICF/MR services the ICF/MR provides on June 30, 2009, the	105595
Department of Job and Family Services shall reduce the ICF/MR's	105596
fiscal year 2010 rate so that the rate is not more than one	105597
hundred eight per cent of the ICF/MR's rate for June 30, 2009.	105598

(2) If the mean total per diem rate for all ICFs/MR in this	105599
state for fiscal year 2010, weighted by May 2009 Medicaid days and	105600
calculated as of July 1, 2009, after application of division	105601
(C)(1) of this section exceeds $277.25, the Department shall	105602
reduce the total per diem rate for each ICF/MR to which this	105603
section applies by a percentage that is equal to the percentage by	105604
which the mean total per diem rate exceeds $277.25.	105605

(D) The rate of an ICF/MR set pursuant to this section shall	105606
not be subject to any adjustments authorized by sections 5111.20	105607
to 5111.33 of the Revised Code, or any rule authorized by those	105608
sections, during the remainder of fiscal year 2010.	105609

(E) If the United States Centers for Medicare and Medicaid	105610
Services requires that the franchise permit fee be reduced or	105611
eliminated, the Department of Job and Family Services shall reduce	105612
the amount it pays providers of ICF/MR services under this section	105613
as necessary to reflect the loss to the state of the revenue and	105614
federal financial participation generated from the franchise	105615
permit fee.	105616

(F) The Department of Job and Family Services shall follow	105617
this section in determining the rate to be paid providers of	105618
ICF/MR services subject to this section notwithstanding anything	105619
to the contrary in sections 5111.20 to 5111.33 of the Revised	105620
Code.	105621

(G) Not later than September 30, 2009, the Director of Job	105622
and Family Services shall submit an amendment to the state	105623
Medicaid plan to the United States Secretary of Health and Human	105624
Services as necessary to implement this section. On receipt of	105625
the United States Secretary's approval of the amendment to the	105626
state Medicaid plan, the Director shall implement this section	105627
retroactive to the later of the effective date of the state	105628
Medicaid plan amendment or July 1, 2009.	105629

Section 309.30.70. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT	105630
SYSTEM FOR ICFs/MR	105631

(A) As used in this section:

105632

"Change of operator," "entering operator," and "exiting	105633
operator" have the same meanings as in section 5111.65 of the	105634
Revised Code.	105635

"Franchise permit fee" and "provider" have the same meanings	105636
as in section 5111.20 of the Revised Code.	105637

"ICF/MR" means an intermediate care facility for the mentally	105638
retarded as defined in section 5111.20 of the Revised Code.	105639

"ICF/MR services" means services covered by the Medicaid	105640
program that an ICF/MR provides to a Medicaid recipient eligible	105641
for the services.	105642

"Medicaid days" means all days during which a resident who is	105643
a Medicaid recipient occupies a bed in an ICF/MR that is included	105644
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	105645
hospital leave days for which payment is made under section	105646
5111.33 of the Revised Code are considered Medicaid days	105647
proportionate to the percentage of the ICF/MR's per resident per	105648
day rate paid for those days.	105649

"Per diem rate" means the per diem rate calculated pursuant	105650
to sections 5111.20 to 5111.33 of the Revised Code.	105651

(B) This section applies to providers of ICFs/MR to which	105652
either of the following applies:	105653

(1) The provider has a valid Medicaid provider agreement for	105654
the ICF/MR on June 30, 2010, and a valid Medicaid provider	105655
agreement for the ICF/MR during fiscal year 2011.	105656

(2) The ICF/MR undergoes a change of operator effective July	105657
1, 2010, the exiting operator has a valid Medicaid provider	105658
agreement for the ICF/MR on June 30, 2010, and the entering	105659
operator has a valid Medicaid provider agreement for the ICF/MR	105660
during fiscal year 2011.	105661

(C) Except as otherwise provided by this section, the	105662
provider of an ICF/MR to which this section applies shall be paid,	105663
for ICF/MR services the ICF/MR provides during fiscal year 2011,	105664
the rate calculated for the ICF/MR under sections 5111.20 to	105665
5111.33 of the Revised Code with the following adjustments:	105666

(1) If the rate determined for the ICF/MR under sections	105667
5111.20 to 5111.33 of the Revised Code for ICF/MR services	105668
provided in fiscal year 2011 is more than one hundred seven per	105669
cent of the rate the provider or exiting operator is paid for	105670
ICF/MR services the ICF/MR provides on June 30, 2010, the	105671
Department of Job and Family Services shall reduce the ICF/MR's	105672
fiscal year 2011 rate so that the rate is not more than one	105673
hundred seven per cent of the ICF/MR's rate for June 30, 2010.	105674

(2) If the mean total per diem rate for all ICFs/MR in this	105675
state for fiscal year 2011, weighted by May 2010 Medicaid days and	105676
calculated as of July 1, 2010, after application of division	105677
(C)(1) of this section exceeds $277.25, the Department shall	105678
reduce the total per diem rate for each ICF/MR to which this	105679
section applies by a percentage that is equal to the percentage by	105680
which the mean total per diem rate exceeds $277.25.	105681

(D) The rate of an ICF/MR set pursuant to this section shall	105682
not be subject to any adjustments authorized by sections 5111.20	105683
to 5111.33 of the Revised Code, or any rule authorized by those	105684
sections, during the remainder of fiscal year 2011.	105685

(E) If the United States Centers for Medicare and Medicaid	105686
Services requires that the franchise permit fee be reduced or	105687
eliminated, the Department of Job and Family Services shall reduce	105688
the amount it pays providers of ICF/MR services under this section	105689
as necessary to reflect the loss to the state of the revenue and	105690
federal financial participation generated from the franchise	105691
permit fee.	105692

(F) The Department of Job and Family Services shall follow	105693
this section in determining the rate to be paid providers of	105694
ICF/MR services subject to this section notwithstanding anything	105695
to the contrary in sections 5111.20 to 5111.33 of the Revised	105696
Code.	105697

(G) Not later than September 30, 2010, the Director of Job	105698
and Family Services shall submit an amendment to the state	105699
Medicaid plan to the United States Secretary of Health and Human	105700
Services as necessary to implement this section. On receipt of	105701
the United States Secretary's approval of the amendment to the	105702
state Medicaid plan, the Director shall implement this section	105703
retroactive to the later of the effective date of the state	105704
Medicaid plan amendment or July 1, 2010.	105705

Section 309.30.73. INCREASE IN MEDICAID RATES FOR HOSPITAL	105706
INPATIENT AND OUTPATIENT SERVICES	105707

The Director of Job and Family Services shall amend rules	105708
adopted under section 5111.02 of the Revised Code as necessary to	105709
increase, for the period beginning January 1, 2010, and ending	105710
June 30, 2011, the Medicaid reimbursement rates for	105711
Medicaid-covered hospital inpatient services and hospital	105712
outpatient services to rates that result in an amount that is five	105713
per cent higher than the amount resulting from the rates in effect	105714
on December 31, 2009.	105715

Section 309.30.75. INCREASE IN MEDICAID RATES FOR COMMUNITY	105716
BEHAVIORAL HEALTH SERVICES	105717

(A) As used in this section, "community behavioral health	105718
services" means both of the following:	105719

(1) Community mental health services certified by the	105720
Director of Mental Health under section 5119.611 of the Revised	105721
Code;	105722

(2) Services provided by an alcohol and drug addiction	105723
program certified by the Department of Alcohol and Drug Addiction	105724
Services under section 3793.06 of the Revised Code.	105725

(B) The Director of Job and Family Services shall amend rules	105726
adopted under section 5111.02 of the Revised Code as necessary to	105727
do the following:	105728

(1) Increase, for fiscal year 2010, the Medicaid	105729
reimbursement rate ceilings for Medicaid-covered community	105730
behavioral health services to rate ceilings that result in an	105731
amount that is one-half of one per cent higher than the amount	105732
resulting from the rate ceilings in effect on June 30, 2009;	105733

(2) Increase, for fiscal year 2011, the Medicaid	105734
reimbursement rate ceilings for Medicaid-covered community	105735
behavioral health services to rate ceilings that result in an	105736
amount that is one-half of one per cent higher than the amount	105737
resulting from the rate ceilings in effect on June 30, 2010.	105738

Section 309.30.77. The intent of the General Assembly in	105739
enacting section 173.352 of the Revised Code is to require the	105740
Residential State Supplement Program to meet the payment level	105741
requirements under 42 U.S.C. 1382g through the use of the total	105742
expenditure method described in 20 C.F.R. 416.2096(c), rather	105743
than the payment levels method described in 20 C.F.R.	105744
416.2096(b).	105745

Section 309.30.80. RESIDENTIAL STATE SUPPLEMENT TRANSFER

105746

The Department of Aging may transfer cash from the foregoing	105747
appropriation item 490412, Residential State Supplement, and the	105748
PASSPORT/Residential State Supplement Fund (Fund 4J40), to the	105749
Home and Community-Based Services for the Aged Fund (Fund 4J50),	105750
used by the Department of Job and Family Services to make benefit	105751
payments to Residential State Supplement recipients. The transfer	105752
shall be made using an intrastate transfer voucher.	105753

Section 309.30.90. MONEY FOLLOWS THE PERSON

105754

The Director of Budget and Management may seek Controlling	105755
Board approval to do any of the following in support of any home	105756
and community-based services Medicaid waiver component:	105757

(A) Create new funds and appropriation items associated with	105758
a unified long-term care budget;	105759

(B) Transfer cash between funds used by affected agencies;

105760

(C) Transfer appropriation between appropriation items within	105761
a fund and used by the same state agency.	105762

Any transfers of cash approved by the Controlling Board under	105763
this section are hereby appropriated.	105764

Section 309.31.10. MONEY FOLLOWS THE PERSON ENHANCED	105765
REIMBURSEMENT FUND	105766

The Money Follows the Person Enhanced Reimbursement Fund is	105767
hereby created in the state treasury. This is a continuation of	105768
the fund created by Section 751.20 of Am. Sub. H.B. 562 of the	105769
127th General Assembly. The federal payments made to the state	105770
under subsection (e) of section 6071 of the "Deficit Reduction Act	105771
of 2005," Pub. L. No. 109-171, shall be deposited into the fund.	105772
The Department of Job and Family Services shall use money	105773
deposited into the fund for system reform activities related to	105774
the Money Follows the Person demonstration project.	105775

Section 309.31.20. MEDICARE PART D

105776

The foregoing appropriation item 600526, Medicare Part D,	105777
may be used by the Department of Job and Family Services for the	105778
implementation and operation of the Medicare Part D requirements	105779
contained in the "Medicare Prescription Drug, Improvement, and	105780
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	105781
the request of the Department of Job and Family Services, the	105782
Director of Budget and Management may transfer the state share of	105783
appropriations between appropriation item 600525, Health	105784
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	105785
the state share of appropriation item 600525, Health	105786
Care/Medicaid, is adjusted, the Director of Budget and Management	105787
shall adjust the federal share accordingly.	105788

Section 309.31.30. OHIO ACCESS SUCCESS PROJECT AND	105789
IDENTIFICATION OF OVERPAYMENTS	105790

Notwithstanding any limitations in sections 3721.51 and	105791
3721.56 of the Revised Code, in each fiscal year, cash from the	105792
Home and Community-Based Services for the Aged Fund (Fund 4J50),	105793
in excess of the amounts needed for the transfers to the	105794
PASSPORT/Residential State Supplement Fund (Fund 4J40) used by	105795
the Department of Aging, may be used by the Department of Job	105796
and Family Services for the following purposes: (A) up to	105797
$3,000,000 in each fiscal year to fund the state share of audits	105798
or limited reviews of Medicaid providers; and (B) up to $450,000	105799
in each fiscal year to provide one-time transitional benefits	105800
under the Ohio Access Success Project that the Director of Job	105801
and Family Services may establish under section 5111.97 of the	105802
Revised Code.	105803

Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF	105804
AGING	105805

The Department of Job and Family Services shall transfer	105806
$33,263,984 cash in each fiscal year from the Home and	105807
Community-Based Services for the Aged Fund (Fund 4J50) to the	105808
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by	105809
the Department of Aging. The transfer may occur on a quarterly	105810
basis or on a schedule developed and agreed to by both	105811
departments. The transfer shall be made using an intrastate	105812
transfer voucher.	105813

Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS

105814

(A) At least quarterly, the Director of Job and Family	105815
Services shall certify to the Director of Budget and Management	105816
both of the following:	105817

(1) The amount of offsets withheld under section 3721.541 of	105818
the Revised Code from payments made from the General Revenue Fund.	105819

(2) The amount of offsets withheld under section 5112.341 of	105820
the Revised Code from payments made from the General Revenue Fund.	105821

(B) The Director of Budget and Management may transfer cash	105822
from the General Revenue Fund to all of the following:	105823

(1) The Home and Community Based Services for the Aged Fund	105824
(Fund 4J50), or the Nursing Facility Stabilization Fund (Fund	105825
5R20), in accordance with sections 3721.56 and 3721.561 of the	105826
Revised Code;	105827

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

105828

(C) Amounts transferred pursuant to this section are hereby	105829
appropriated.	105830

Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	105831
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	105832

The Department of Job and Family Services shall transfer	105833
$12,000,000 cash in each fiscal year from the ICF/MR Bed	105834
Assessments Fund (Fund 4K10) to the Home and Community-Based	105835
Services Fund (Fund 4K80), used by the Department of Mental	105836
Retardation and Developmental Disabilities. The transfer may occur	105837
on a quarterly basis or on a schedule developed and agreed to by	105838
both departments. The transfer shall be made using an intrastate	105839
transfer voucher.	105840

Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

105841

Notwithstanding any limitations contained in sections 5112.31	105842
and 5112.37 of the Revised Code, in each fiscal year, cash from	105843
the ICF/MR Bed Assessments Fund (Fund 4K10) in excess of the	105844
amounts needed for transfers to the Home and Community-Based	105845
Services Fund (Fund 4K80), used by the Department of Mental	105846
Retardation and Developmental Disabilities, may be used by the	105847
Department of Job and Family Services to cover costs of care	105848
provided to participants in a waiver with an ICF/MR level of care	105849
requirement administered by the Department of Job and Family	105850
Services.	105851

Section 309.31.80. HOSPITAL CARE ASSURANCE MATCH

105852

The foregoing appropriation item 600650, Hospital Care	105853
Assurance Match, shall be used by the Department of Job and Family	105854
Services solely for distributing funds to hospitals under section	105855
5112.08 of the Revised Code.	105856

Section 309.31.90. HEALTH CARE SERVICES ADMINISTRATION FUND

105857

Of the amount received by the Department of Job and Family	105858
Services during fiscal year 2010 and fiscal year 2011 from the	105859
first installment of assessments paid under section 5112.06 of the	105860
Revised Code and intergovernmental transfers made under section	105861
5112.07 of the Revised Code, the Director of Job and Family	105862
Services shall deposit $350,000 in each fiscal year into the state	105863
treasury to the credit of the Health Care Services Administration	105864
Fund (Fund 5U30).	105865

Section 309.32.10. MEDICAID PROGRAM SUPPORT FUND - STATE

105866

The foregoing appropriation item 600671, Medicaid Program	105867
Support, shall be used by the Department of Job and Family	105868
Services to pay for Medicaid services and contracts. The	105869
Department may also deposit to Fund 5C90 revenues received from	105870
other state agencies for Medicaid services under the terms of	105871
interagency agreements between the Department and other state	105872
agencies, and all funds the Department recovers because the	105873
benefits a person received under the Disability Medical Assistance	105874
Program established in section 5115.10 of the Revised Code were	105875
determined to be covered by the Medicaid Program established under	105876
Chapter 5111. of the Revised Code.	105877

Section 309.32.20. TRANSFERS OF IMD/DSH CASH TO THE	105878
DEPARTMENT OF MENTAL HEALTH	105879

The Department of Job and Family Services shall transfer cash	105880
from the Medicaid Program Support Fund (Fund 5C90), to the	105881
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	105882
Department of Mental Health, in accordance with an interagency	105883
agreement that delegates authority from the Department of Job and	105884
Family Services to the Department of Mental Health to administer	105885
specified Medicaid services. The transfer shall be made using an	105886
intrastate transfer voucher.	105887

Section 309.32.30. PRESCRIPTION DRUG REBATE FUND

105888

The foregoing appropriation item 600692, Health Care	105889
Services, shall be used by the Department of Job and Family	105890
Services to pay for Medicaid services and contracts.	105891

Section 309.32.40. FEDERAL MATCH FOR ADAMHS BOARDS'	105892
ADMINISTRATIVE COSTS	105893

The Director of Job and Family Services shall establish a	105894
system under which boards of alcohol, drug addiction, and mental	105895
health services, community mental health boards, and alcohol and	105896
drug addiction services boards obtain federal financial	105897
participation for the administrative expenditures the boards incur	105898
in administering the community behavioral health services the	105899
Medicaid program covers. The Director of Job and Family Services	105900
shall work with the Directors of Mental Health and Alcohol and	105901
Drug Addiction Services and representatives of the boards when	105902
establishing the system. The Director of Job and Family Services	105903
shall submit a state Medicaid plan amendment to the United States	105904
Secretary of Health and Human Services to obtain federal approval	105905
to implement the system.	105906

Section 309.32.50. AMYOTROPHIC LATERAL SCLEROSIS STUDY

105907

The Director of Job and Family Services shall study the issue	105908
of creating a Medicaid waiver component under which persons with	105909
amyotrophic lateral sclerosis would qualify for Medicaid	105910
regardless of their income or resources. The Director shall submit	105911
a report of the study, including any recommendations for creating	105912
such a Medicaid waiver component, to the General Assembly in	105913
accordance with section 101.68 of the Revised Code. The Director	105914
shall submit the report not later than March 1, 2010.	105915

Section 309.40. FAMILY STABILITY

105916

Section 309.40.10. FOOD STAMPS TRANSFER

105917

On July 1, 2009, or as soon as possible thereafter, the	105918
Director of Budget and Management may transfer up to $1,000,000	105919
cash from the Food Stamp Program Fund (Fund 3840), to the Food	105920
Assistance Fund (Fund 5ES0).	105921

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

105922

The Director of Job and Family Services is not required to	105923
amend rules regarding the Food Stamp Program to change the name of	105924
the program to the Supplemental Nutrition Assistance Program. The	105925
Director may refer to the program as the Food Stamp Program or	105926
the Food Assistance Program in rules and documents of the	105927
Department of Job and Family Services.	105928

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	105929
BANKS	105930

Of the foregoing appropriation item 600410, TANF State, up to	105931
$1,000,000 in each fiscal year shall be provided to the Ohio	105932
Association of Second Harvest Food Banks to purchase and	105933
distribute food products.	105934

In addition to funds designated for the Ohio Association of	105935
Second Harvest Food Banks in this section, in fiscal years 2010	105936
and 2011, the Director of Job and Family Services shall provide	105937
assistance from eligible funds to the Ohio Association of Second	105938
Harvest Food Banks in an amount equal to the assistance provided	105939
in state fiscal year 2009.	105940

Section 309.40.50. CHILD SUPPORT COLLECTIONS/TANF MOE

105941

The foregoing appropriation item 600658, Child Support	105942
Collections, shall be used by the Department of Job and Family	105943
Services to meet the TANF maintenance of effort requirements of 42	105944
U.S.C. 609(a)(7). When the state is assured that it will meet the	105945
maintenance of effort requirement, the Department of Job and	105946
Family Services may use funds from appropriation item 600658,	105947
Child Support Collections, to support public assistance	105948
activities.	105949

Section 309.40.60. EARLY LEARNING INITIATIVE

105950

(A) As used in this section:

105951

(1) "Title IV-A services" means benefits and services that	105952
are allowable under Title IV-A of the "Social Security Act," as	105953
specified in 42 U.S.C. 604(a), except that they shall not be	105954
benefits and services included in the term "assistance" as defined	105955
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	105956
excluded from the definition of the term "assistance" under 45	105957
C.F.R. 260.31(b).	105958

(2) "Eligible child" means a child who is at least three	105959
years of age but not of compulsory school age or enrolled in	105960
kindergarten, is eligible for Title IV-A services, and whose	105961
family income at the time of application does not exceed two	105962
hundred per cent of the federal poverty guidelines.	105963

(3) "Early learning program" means a program for eligible	105964
children that provides Title IV-A services, according to the	105965
purposes listed in 45 C.F.R. 260.20(c), that are early learning	105966
services, as defined by pursuant to division (D)(1) of this	105967
section.	105968

(4) "Early learning provider" means an entity that operates	105969
an early learning program.	105970

(5) "Early learning agency" means an early learning provider	105971
or an entity that has entered into an agreement with an early	105972
learning provider requiring the early learning provider to operate	105973
an early learning program on behalf of the entity.	105974

(6) "Federal poverty line" has the same meaning as in section	105975
5104.01 of the Revised Code.	105976

(7) "Of compulsory school age" has the same meaning as in	105977
section 3321.01 of the Revised Code.	105978

(B) The Early Learning Initiative is hereby established. The	105979
Department of Education and the Department of Job and Family	105980
Services shall administer the Initiative in accordance with	105981
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	105982
shall provide early learning services to eligible children. Early	105983
learning services may be provided on a full-day basis, a part-day	105984
basis, or both a full-day and part-day basis.	105985

(C) The Department of Job and Family Services shall do both	105986
of the following:	105987

(1) Reimburse early learning agencies for services provided	105988
to eligible children according to the terms of the contract and	105989
the rules adopted under division (C)(2) of this section;	105990

(2) In consultation with the Department of Education, adopt	105991
rules in accordance with Chapter 119. of the Revised Code to	105992
implement the Early Learning Initiative. The rules shall include	105993
all of the following:	105994

(a) Provisions regarding the establishment of co-payments for	105995
families of eligible children whose family income is more than one	105996
hundred per cent of the federal poverty guidelines but equal to	105997
or less than the maximum amount of family income authorized for	105998
an eligible child as defined in division (A)(2) of this section;	105999

(b) An exemption from co-payment requirements for families	106000
whose family income is equal to or less than one hundred per cent	106001
of the federal poverty guideline;	106002

(c) A definition of "enrollment" for the purpose of	106003
compensating early learning agencies;	106004

(d) Provisions that establish compensation rates for early	106005
learning agencies based on the enrollment of eligible children;	106006

(e) Provisions for the completion of criminal record checks	106007
for employees of early learning agencies and early learning	106008
providers whereby sections 109.572(A)(8), (A)(9), and (B)(2) of	106009
the Revised Code are considered applicable to these employees;	106010

(f) Provisions for the timeline of eligibility determination.

106011

(D) The Department of Education shall do all of the	106012
following:	106013

(1) Define the early learning services that will be provided	106014
to eligible children through the Early Learning Initiative;	106015

(2) In consultation with the Department of Job and Family	106016
Services, develop an application form and criteria for the	106017
selection of early learning agencies. The criteria shall require	106018
an early learning agency, or each early learning provider with	106019
which the agency has entered into an agreement for the operation	106020
of an early learning program on the agency's behalf, to be	106021
licensed by the Department of Education under sections 3301.52 to	106022
3301.59 of the Revised Code or by the Department of Job and	106023
Family Services under Chapter 5104. of the Revised Code;	106024

(3) Establish early learning program guidelines for school	106025
readiness to assess the operation of early learning programs.	106026

(E) Any entity that seeks to be an early learning agency	106027
shall apply to the Department of Education by a deadline	106028
established by the Department. The Department of Education shall	106029
select entities that meet the criteria established under division	106030
(D)(2) of this section to be early learning agencies. Upon	106031
selection of an entity to be an early learning agency, the	106032
Department of Education shall designate the number of eligible	106033
children the agency may enroll. The Department of Education shall	106034
notify the Department of Job and Family Services of the number so	106035
designated.	106036

(F) The Department of Education and the Department of Job and	106037
Family Services shall enter into a contract with each early	106038
learning agency selected under division (E) of this section. The	106039
requirements of section 127.16 of the Revised Code do not apply to	106040
contracts entered into under this section. The contract shall	106041
outline the terms and conditions applicable to the provision of	106042
Title IV-A services for eligible children and shall include at	106043
least the following:	106044

(1) The respective duties of the early learning agency, the	106045
Department of Education, and the Department of Job and Family	106046
Services;	106047

(2) Requirements applicable to the allowable use of and	106048
accountability for compensation paid under the contract;	106049

(3) Reporting requirements, including a requirement that the	106050
early learning provider inform the Department of Education when	106051
the provider learns that a kindergarten eligible child will not be	106052
enrolled in kindergarten;	106053

(4) The compensation schedule payable under the contract;

106054

(5) Audit requirements;

106055

(6) Provisions for suspending, modifying, or terminating the	106056
contract.	106057

(G) If an early learning agency, or an early learning	106058
provider operating an early learning program on the agency's	106059
behalf, substantially fails to meet the early learning program	106060
guidelines for school readiness or exhibits substandard	106061
performance, as determined by the Department of Education, the	106062
agency shall develop and implement a corrective action plan. The	106063
Department of Education shall approve the corrective action plan	106064
prior to implementation.	106065

(H) If an early learning agency fails to implement a	106066
corrective action plan under division (G) of this section, the	106067
Department of Education may direct the Department of Job and	106068
Family Services to either withhold funding or request that the	106069
Department of Job and Family Services suspend or terminate the	106070
contract with the agency.	106071

(I) Each early learning program shall do all of the	106072
following:	106073

(1) Meet teacher qualification requirements prescribed by	106074
section 3301.311 of the Revised Code;	106075

(2) Align curriculum to the early learning content standards;

106076

(3) Meet any assessment requirements prescribed by section	106077
3301.0715 of the Revised Code that apply to the program;	106078

(4) Require teachers, except teachers enrolled and working to	106079
obtain a degree pursuant to section 3301.311 of the Revised Code,	106080
to attend a minimum of twenty hours per biennium of professional	106081
development as prescribed by the Department of Education regarding	106082
the implementation of early learning program guidelines for school	106083
readiness;	106084

(5) Document and report child progress;

106085

(6) Meet and report compliance with the early learning	106086
program guidelines for school success;	106087

(7) Participate in early language and literacy classroom	106088
observation evaluation studies.	106089

(J) Each county Department of Job and Family Services shall	106090
determine eligibility for Title IV-A services for children seeking	106091
to enroll in an early learning program within fifteen days after	106092
receipt of a completed application in accordance with rules	106093
adopted under this section.	106094

(K) The provision of early learning services in an early	106095
learning program shall not prohibit or otherwise prevent an	106096
individual from obtaining certificates for payment under division	106097
(C) of section 5104.32 of the Revised Code.	106098

(L) Notwithstanding section 126.07 of the Revised Code:

106099

(1) Any fiscal year 2010 contract executed prior to July 1,	106100
2009, between the Departments of Job and Family Services and	106101
Education and an early learning agency that was not an early	106102
learning agency as of June 30, 2009, shall be deemed to be	106103
effective as of July 1, 2009, upon issuance of a state purchase	106104
order, even if the purchase order is approved at some later date.	106105

(2) Any fiscal year 2010 contract executed between the	106106
Departments of Job and Family Services and Education and an early	106107
learning agency that had a valid contract for early learning	106108
services on June 30, 2009, shall be deemed to be effective as of	106109
July 1, 2009, upon the issuance of a state purchase order, even if	106110
the purchase order is approved at some later date.	106111

(3) Any fiscal year 2011 contract executed prior to July 1,	106112
2010, between the Departments of Job and Family Services and	106113
Education and an early learning agency that was not an early	106114
learning agency as of June 30, 2010, shall be deemed to be	106115
effective as of July 1, 2010, upon issuance of a state purchase	106116
order, even if the purchase order is approved at some later date.	106117

(4) Any fiscal year 2011 contract executed between the	106118
Departments of Job and Family Services and Education and an early	106119
learning agency that had a valid contract for early learning	106120
services on June 30, 2010, shall be deemed to be effective as of	106121
July 1, 2010, upon the issuance of a state purchase order, even if	106122
the purchase order is approved at some later date.	106123

(M) The Departments of Job and Family Services and Education	106124
shall contract for up to 12,000 enrollment slots for eligible	106125
children in each fiscal year through the Early Learning	106126
Initiative.	106127

(N) Eligible expenditures for the Early Learning Initiative	106128
shall be claimed each fiscal year to help meet the state's TANF	106129
maintenance of effort requirement. The Superintendent of Public	106130
Instruction and the Director of Job and Family Services shall	106131
enter into an interagency agreement to carry out the requirements	106132
under this division, which shall include developing reporting	106133
guidelines for these expenditures.	106134

Section 309.45. CHILD WELFARE

106135

Section 309.45.10. ALTERNATIVE RESPONSE

106136

The Department of Job and Family Services shall develop,	106137
implement, oversee, and evaluate a pilot program based on an	106138
"Alternative Response" approach to reports of child abuse,	106139
neglect, and dependency. The pilot program shall be implemented in	106140
not more than ten counties that are selected by the Department and	106141
that agree to participate in the pilot program. The pilot program	106142
shall last eighteen months, not including time expended in	106143
preparation for the implementation of the pilot program and any	106144
post-pilot program evaluation activity. After the eighteen-month	106145
period, the ten sites may continue to administer the Alternative	106146
Response approach uninterrupted, unless the Department determines	106147
otherwise.	106148

The Department shall assure that the Alternative Response	106149
pilot program is independently evaluated with respect to outcomes	106150
for children and families, costs, worker satisfaction, and any	106151
other criteria the Department determines will be useful in the	106152
consideration of statewide implementation of an Alternative	106153
Response approach to child protection. The measure associated with	106154
the eighteen-month pilot program shall, for the purposes of the	106155
evaluation, be compared with those same measures in the pilot	106156
counties during the eighteen-month period immediately preceding	106157
the beginning of the pilot program period. If the independent	106158
evaluation of the pilot program recommends statewide	106159
implementation of an Alternative Response approach to child	106160
protection, the Department may expand the Alternative Response	106161
approach statewide through a schedule determined by the	106162
Department.	106163

Section 309.45.20. BIG BROTHERS BIG SISTERS

106164

Of the foregoing appropriation item 600535, Early Care and	106165
Education, $1,000,000 in each fiscal year shall be provided to Big	106166
Brothers Big Sisters of Central Ohio.	106167

Section 309.45.30. KINSHIP PERMANENCY INCENTIVE PROGRAM

106168

The foregoing appropriation item 600541, Kinship Permanency	106169
Incentive Program, shall be used to support the Kinship Permanency	106170
Incentive Program created under section 5101.802 of the Revised	106171
Code.	106172

Section 309.45.40. CHILDREN'S HUNGER ALLIANCE

106173

Of the foregoing appropriation item 600535, Early Care and	106174
Education, up to $1,500,000 in each fiscal year shall be provided	106175
to the Children's Hunger Alliance for Child Nutrition Program	106176
outreach efforts. The Departments of Job and Family Services and	106177
Education shall enter into a grant agreement with the Children's	106178
Hunger Alliance and agree upon annual reporting requirements,	106179
including statements of planned uses of state funds, expected	106180
performance outcomes, and an evaluation of success in achieving	106181
those outcomes. As soon as possible after entering into a grant	106182
agreement at the beginning of each fiscal year, the Department of	106183
Job and Family Services may advance grant funds to the grantee	106184
under section 5101.10 of the Revised Code.	106185

Section 309.45.50. SUMMER AND AFTER-SCHOOL PROGRAMS

106186

Of the foregoing appropriation item 600535, Early Care and	106187
Education, up to $10,000,000 in each fiscal year shall be provided	106188
to the Ohio Child Care Resource and Referral Association for the	106189
distribution of funds for summer and after-school programs for	106190
TANF eligible youth served through community-based organizations,	106191
faith-based organizations, and schools to provide academic support	106192
not available during the regular school day, nutrition,	106193
transportation, youth development activities, drug and violence	106194
prevention, counseling, technology education, and character	106195
education.	106196

Section 309.45.60. CHILD, FAMILY, AND ADULT COMMUNITY AND	106197
PROTECTIVE SERVICES	106198

(A) The foregoing appropriation item 600533, Child, Family,	106199
and Adult Community & Protective Services, shall be distributed to	106200
each county department of job and family services using the	106201
formula the Department of Job and Family Services uses when	106202
distributing Title XX funds to county departments of job and	106203
family services under section 5101.46 of the Revised Code. County	106204
departments shall use the funds distributed to them under this	106205
section as follows, in accordance with the written plan of	106206
cooperation entered into under section 307.983 of the Revised	106207
Code:	106208

(1) To assist individuals achieve or maintain	106209
self-sufficiency, including by reducing or preventing dependency	106210
among individuals with family income not exceeding two hundred per	106211
cent of the federal poverty guidelines;	106212

(2) Subject to division (B) of this section, to respond to	106213
reports of abuse, neglect, or exploitation of children and adults,	106214
including through the alternative approach pilot program developed	106215
under Section 309.40.40 of this act;	106216

(3) To provide outreach and referral services regarding home	106217
and community-based services to individuals at risk of placement	106218
in a group home or institution, regardless of the individuals'	106219
family income and without need for a written application;	106220

(4) To provide outreach, referral, application assistance,	106221
and other services to assist individuals receive assistance,	106222
benefits, or services under Medicaid; Title IV-A programs, as	106223
defined in section 5101.80 of the Revised Code; the Supplemental	106224
Nutrition Assistance Program; and other public assistance	106225
programs.	106226

(B) Protective services may be provided to a child or adult	106227
as part of a response, under division (A)(2) of this section, to a	106228
report of abuse, neglect, or exploitation without regard to a	106229
child or adult's family income and without need for a written	106230
application. The protective services may be provided if the case	106231
record documents circumstances of actual or potential abuse,	106232
neglect, or exploitation.	106233

Section 309.50. UNEMPLOYMENT COMPENSATION

106234

Section 309.50.10. EMPLOYER SURCHARGE

106235

The surcharge and the interest on the surcharge amounts due	106236
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	106237
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	106238
118th General Assembly, and section 4141.251 of the Revised Code	106239
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	106240
General Assembly, again shall be assessed and collected by,	106241
accounted for, and made available to the Department of Job and	106242
Family Services in the same manner as set forth in section	106243
4141.251 of the Revised Code as it existed prior to its repeal by	106244
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	106245
repeal of the surcharge for calendar years after 1990, pursuant to	106246
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	106247
received by the Director on or after July 1, 2001, shall be	106248
deposited into the Unemployment Compensation Special	106249
Administrative Fund (Fund 4A90) established pursuant to section	106250
4141.11 of the Revised Code.	106251

Section 309.50.20. FEDERAL UNEMPLOYMENT PROGRAMS

106252

All unexpended funds remaining at the end of fiscal year 2009	106253
that were appropriated and made available to the state under	106254
section 903(d) of the Social Security Act, as amended, in the	106255
foregoing appropriation item 600678, Federal Unemployment	106256
Programs (Fund 3V40), are hereby appropriated to the Department	106257
of Job and Family Services. Upon the request of the Director of	106258
Job and Family Services, the Director of Budget and Management	106259
may increase the appropriation for fiscal year 2010 by the	106260
amount remaining unspent from the fiscal year 2009 appropriation	106261
and may increase the appropriation for fiscal year 2011 by the	106262
amount remaining unspent from the fiscal year 2010	106263
appropriation. The appropriation shall be used under the	106264
direction of the Department of Job and Family Services to pay for	106265
administrative activities for the Unemployment Insurance Program,	106266
employment services, and other allowable expenditures under	106267
section 903(d) of the Social Security Act, as amended.	106268

The amounts obligated pursuant to this section shall not	106269
exceed at any time the amount by which the aggregate of the	106270
amounts transferred to the account of the state under section	106271
903(d) of the Social Security Act, as amended, exceeds the	106272
aggregate of the amounts obligated for administration and paid out	106273
for benefits and required by law to be charged against the amounts	106274
transferred to the account of the state.	106275

Section 309.50.30. REMOVAL OF UNEMPLOYMENT COMPENSATION	106276
ADVISORY COUNCIL MEMBERS	106277

The intent of the General Assembly in the amendments made in	106278
this act to section 145.012 is to provide that service as a	106279
member of the Unemployment Compensation Advisory Council on or	106280
after the effective date of this section shall not be service as	106281
a public employee for purposes of Chapter 145. of the Revised	106282
Code. The amendments are not intended to prohibit the use of such	106283
service for calculation of benefits under Chapter 145. of the	106284
Revised Code for service prior to the effective date of this	106285
section.	106286

Section 309.60. WORKFORCE DEVELOPMENT

106287

Section 309.60.10. AMERICAN RED CROSS-GREATER CLEVELAND	106288
CHAPTER AND THE BEREA CHILDREN'S HOME AND FAMILY SERVICES	106289

Of the foregoing appropriation item 600688, Workforce	106290
Investment Act, up to $1,000,000 in each fiscal year shall be used	106291
to reimburse the American Red Cross-Greater Cleveland Chapter and	106292
the Berea Children's Home and Family Services for the Northeast	106293
Ohio Nurse Assistant Training Program. Any amount of this earmark	106294
that remains unspent at the end of fiscal year 2010 is hereby	106295
reappropriated in fiscal year 2011 for the same purpose. The	106296
opportunity for reimbursement for the purposes for which this	106297
earmark is intended expires June 30, 2011.	106298

Section 309.60.20. NURSE EDUCATION ASSISTANCE

106299

Of the foregoing appropriation item 600688, Workforce	106300
Investment Act, up to $700,000 in each fiscal year shall be used	106301
to support the Nurse Education Assistance program described in	106302
division (C)(1)(a) of section 3333.28 of the Revised Code. Any	106303
amount of this earmark that remains unspent at the end of fiscal	106304
year 2010 is hereby reappropriated in fiscal year 2011 for the	106305
same purpose.	106306

Section 309.60.30. ACCOUNTABILITY AND CREDIBILITY TOGETHER

106307

Of the foregoing appropriation item 600688, Workforce	106308
Investment Act (Fund 3V00), up to $2,000,000 in fiscal year 2010	106309
shall be provided to Accountability and Credibility Together (ACT)	106310
for its welfare diversion program. Any amount of this earmark that	106311
remains unspent at the end of fiscal year 2010 is hereby	106312
reappropriated in fiscal year 2011 for the same purpose.	106313

Section 309.60.40. WORKFORCE INVESTMENT ACT TRANSFER

106314

By July 1 of each fiscal year, or as soon as possible	106315
thereafter, the Director of Budget and Management shall transfer	106316
$8,665,106 in cash from the Workforce Investment Act Fund (Fund	106317
3V00) to the General Revenue Fund for use in appropriation item	106318
195434, Industrial Training Grants, in the Department of	106319
Development.	106320

Section 310.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

106321

General Revenue Fund	106322

GRF	029321	Operating Expenses	$	483,520	$	483,520	106323
TOTAL GRF General Revenue Fund			$	483,520	$	483,520	106324
TOTAL ALL BUDGET FUND GROUPS			$	483,520	$	483,520	106325

OPERATING

106326

The Chief Administrative Officer of the House of	106327
Representatives and the Clerk of the Senate shall determine, by	106328
mutual agreement, which of them shall act as fiscal agent for the	106329
Joint Committee on Agency Rule Review. Members of the Committee	106330
shall be paid in accordance with section 101.35 of the Revised	106331
Code.	106332

OPERATING EXPENSES

106333

On July 1, 2009, or as soon as possible thereafter, the	106334
Executive Director of the Joint Committee on Agency Rule Review	106335
may certify to the Director of Budget and Management the amount of	106336
the unexpended, unencumbered balance of the foregoing	106337
appropriation item 029321, Operating Expenses, at the end of	106338
fiscal year 2009 to be reappropriated to fiscal year 2010. The	106339
amount certified is hereby reappropriated to the same	106340
appropriation item for fiscal year 2010.	106341

On July 1, 2010, or as soon as possible thereafter, the	106342
Executive Director of the Joint Committee on Agency Rule Review	106343
may certify to the Director of Budget and Management the amount of	106344
the unexpended, unencumbered balance of the foregoing	106345
appropriation item 029321, Operating Expenses, at the end of	106346
fiscal year 2010 to be reappropriated to fiscal year 2011. The	106347
amount certified is hereby reappropriated to the same	106348
appropriation item for fiscal year 2011.	106349

Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO

106350

General Revenue Fund	106351

GRF	018321		Operating Expenses		$	1,034,281		$	1,065,281		106352
TOTAL GRF General Revenue Fund					$	1,034,281		$	1,065,281		106353

General Services Fund Group	106354

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	106355
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	106356
TOTAL ALL BUDGET FUND GROUPS			$	1,384,281	$	1,415,281	106357

STATE COUNCIL OF UNIFORM STATE LAWS

106358

Notwithstanding section 105.26 of the Revised Code, of the	106359
foregoing appropriation item 018321, Operating Expenses, up to	106360
$97,000 in fiscal year 2010 and up to $101,000 in fiscal year 2011	106361
may be used to pay the expenses of the State Council of Uniform	106362
State Laws, including membership dues to the National Conference	106363
of Commissioners on Uniform State Laws, and other expenses under	106364
sections 105.25 and 105.26 of the Revised Code.	106365

OHIO JURY INSTRUCTIONS FUND

106366

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	106367
grants, royalties, dues, conference fees, bequests, devises, and	106368
other gifts received for the purpose of supporting costs incurred	106369
by the Judicial Conference of Ohio in dispensing educational and	106370
informational data to the state's judicial system. Fund 4030 shall	106371
be used by the Judicial Conference of Ohio to pay expenses	106372
incurred in dispensing educational and informational data to the	106373
state's judicial system. All moneys accruing to Fund 4030 in	106374
excess of $350,000 in fiscal year 2010 and in excess of $350,000	106375
in fiscal year 2011 are hereby appropriated for the purposes	106376
authorized.	106377

No money in Fund 4030 shall be transferred to any other fund	106378
by the Director of Budget and Management or the Controlling Board.	106379

Section 313.10. JSC THE JUDICIARY/SUPREME COURT

106380

General Revenue Fund	106381

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,144,970	$	133,144,970	106382
GRF	005401	State Criminal Sentencing Council	$	336,770	$	336,770	106383
GRF	005406	Law-Related Education	$	236,172	$	236,172	106384
GRF	005409	Ohio Courts Technology Initiative	$	4,850,000	$	4,850,000	106385
GRF	005502	Legal Education Opportunity	$	350,000	$	350,000	106386
TOTAL GRF General Revenue Fund			$	138,917,912	$	138,917,912	106387

General Services Fund Group	106388

6720	005601		Continuing Judicial Education		$	300,000		$	300,000		106389
TOTAL GSF General Services Fund Group					$	300,000		$	300,000		106390

Federal Special Revenue Fund Group	106391

3J00	005603		Federal Grants		$	2,137,866		$	1,917,081		106392
TOTAL FED Federal Special Revenue Fund Group					$	2,137,866		$	1,917,081		106393

State Special Revenue Fund Group	106394

4C80	005605	Attorney Services	$	3,704,659	$	3,704,659	106395
5T80	005609	Grants and Awards	$	50,000	$	50,000	106396
6A80	005606	Supreme Court Admissions	$	1,284,142	$	1,284,142	106397
TOTAL SSR State Special Revenue Fund Group			$	5,038,801	$	5,038,801	106398
TOTAL ALL BUDGET FUND GROUPS			$	146,394,579	$	146,173,794	106399

LAW-RELATED EDUCATION

106400

The foregoing appropriation item 005406, Law-Related	106401
Education, shall be distributed directly to the Ohio Center for	106402
Law-Related Education for the purposes of providing continuing	106403
citizenship education activities to primary and secondary	106404
students, expanding delinquency prevention programs, increasing	106405
activities for at-risk youth, and accessing additional public and	106406
private money for new programs.	106407

OHIO COURTS TECHNOLOGY INITIATIVE

106408

The foregoing appropriation item 005409, Ohio Courts	106409
Technology Initiative, shall be used to fund an initiative by the	106410
Supreme Court to facilitate the exchange of information and	106411
warehousing of data by and between Ohio courts and other justice	106412
system partners through the creation of an Ohio Courts Network,	106413
the delivery of technology services to courts throughout the	106414
state, including the provision of hardware, software, and the	106415
development and implementation of educational and training	106416
programs for judges and court personnel, and operation of the	106417
Commission on Technology and the Courts by the Supreme Court for	106418
the promulgation of statewide rules, policies, and uniform	106419
standards, and to aid in the orderly adoption and comprehensive	106420
use of technology in Ohio courts.	106421

LEGAL EDUCATION OPPORTUNITY

106422

The foregoing appropriation item 005502 shall be used to fund	106423
activities undertaken at the direction of the Chief Justice of	106424
the Supreme Court for purposes of introducing minority,	106425
low-income, and educationally disadvantaged Ohio students to the	106426
legal system and providing educational opportunities to those	106427
same students who are preparing for college and interested in the	106428
pursuit of a legal career. The foregoing appropriation item	106429
005502 may be used by the Supreme Court, in cooperation with other	106430
entities, to establish and provide programs, courses, and	106431
activities consistent with the purposes set forth in this	106432
paragraph and to pay the associated administrative costs.	106433

CONTINUING JUDICIAL EDUCATION

106434

The Continuing Judicial Education Fund (Fund 6720) shall	106435
consist of fees paid by judges and court personnel for attending	106436
continuing education courses and other gifts and grants received	106437
for the purpose of continuing judicial education. The foregoing	106438
appropriation item 005601, Continuing Judicial Education, shall be	106439
used to pay expenses for continuing education courses for judges	106440
and court personnel. If it is determined by the Administrative	106441
Director of the Supreme Court that additional appropriations are	106442
necessary, the amounts are hereby appropriated.	106443

No money in Fund 6720 shall be transferred to any other fund	106444
by the Director of Budget and Management or the Controlling Board.	106445
Interest earned on moneys in Fund 6720 shall be credited to the	106446
fund.	106447

FEDERAL GRANTS

106448

The Federal Grants Fund (Fund 3J00) shall consist of grants	106449
and other moneys awarded to the Supreme Court (The Judiciary) by	106450
the United States Government or other entities that receive the	106451
moneys directly from the United States Government and distribute	106452
those moneys to the Supreme Court (The Judiciary). The foregoing	106453
appropriation item 005603, Federal Grants, shall be used in a	106454
manner consistent with the purpose of the grant or award. If it is	106455
determined by the Administrative Director of the Supreme Court	106456
that additional appropriations are necessary, the amounts are	106457
hereby appropriated.	106458

No money in Fund 3J00 shall be transferred to any other fund	106459
by the Director of Budget and Management or the Controlling	106460
Board. However, interest earned on moneys in Fund 3J00 shall be	106461
credited or transferred to the General Revenue Fund.	106462

ATTORNEY SERVICES

106463

The Attorney Services Fund (Fund 4C80), formerly known as the	106464
Attorney Registration Fund, shall consist of moneys received by	106465
the Supreme Court (The Judiciary) pursuant to the Rules for the	106466
Government of the Bar of Ohio. In addition to funding other	106467
activities considered appropriate by the Supreme Court, the	106468
foregoing appropriation item 005605, Attorney Services, may be	106469
used to compensate employees and to fund appropriate activities of	106470
the following offices established by the Supreme Court: the Office	106471
of Disciplinary Counsel, the Board of Commissioners on Grievances	106472
and Discipline, the Clients' Security Fund, and the Attorney	106473
Services Division. If it is determined by the Administrative	106474
Director of the Supreme Court that additional appropriations are	106475
necessary, the amounts are hereby appropriated.	106476

No moneys in Fund 4C80 shall be transferred to any other	106477
fund by the Director of Budget and Management or the Controlling	106478
Board. Interest earned on moneys in Fund 4C80 shall be credited to	106479
the fund.	106480

GRANTS AND AWARDS

106481

The Grants and Awards Fund (Fund 5T80) shall consist of	106482
grants and other moneys awarded to the Supreme Court (The	106483
Judiciary) by the State Justice Institute, the Division of	106484
Criminal Justice Services, or other entities. The foregoing	106485
appropriation item 005609, Grants and Awards, shall be used in a	106486
manner consistent with the purpose of the grant or award. If it	106487
is determined by the Administrative Director of the Supreme Court	106488
that additional appropriations are necessary, the amounts are	106489
hereby appropriated.	106490

No moneys in Fund 5T80 shall be transferred to any other	106491
fund by the Director of Budget and Management or the Controlling	106492
Board. However, interest earned on moneys in Fund 5T80 shall be	106493
credited or transferred to the General Revenue Fund.	106494

SUPREME COURT ADMISSIONS

106495

The foregoing appropriation item 005606, Supreme Court	106496
Admissions, shall be used to compensate Supreme Court employees	106497
who are primarily responsible for administering the attorney	106498
admissions program under the Rules for the Government of the Bar	106499
of Ohio, and to fund any other activities considered appropriate	106500
by the court. Moneys shall be deposited into the Supreme Court	106501
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	106502
Government of the Bar of Ohio. If it is determined by the	106503
Administrative Director of the Supreme Court that additional	106504
appropriations are necessary, the amounts are hereby appropriated.	106505

No moneys in Fund 6A80 shall be transferred to any other fund	106506
by the Director of Budget and Management or the Controlling Board.	106507
Interest earned on moneys in Fund 6A80 shall be credited to the	106508
fund.	106509

Section 313.20. SUPREME COURT FILING FEE

106510

The General Assembly hereby respectfully requests the	106511
Supreme Court to modify Rule XV of the Rules of Practice of the	106512
Supreme Court of Ohio pursuant to its authority under the Ohio	106513
Constitution to make that Rule consistent with the amendments	106514
made by this act to section 2503.17 of the Revised Code.	106515

Section 315.10. LEC LAKE ERIE COMMISSION

106516

State Special Revenue Fund Group	106517

4C00	780601	Lake Erie Protection Fund	$	450,000	$	450,000	106518
5D80	780602	Lake Erie Resources Fund	$	380,000	$	383,000	106519
TOTAL SSR State Special Revenue							106520
Fund Group			$	830,000	$	833,000	106521
TOTAL ALL BUDGET FUND GROUPS			$	830,000	$	833,000	106522

Section 317.10. LRS LEGAL RIGHTS SERVICE

106524

General Revenue Fund	106525

GRF	054321	Support Services	$	142,614	$	142,614	106526
GRF	054401	Ombudsman	$	209,698	$	209,698	106527
TOTAL GRF General Revenue Fund			$	352,312	$	352,312	106528

General Services Fund Group	106529

5M00	054610	Settlements	$	81,352	$	81,352	106530
TOTAL GSF General Services							106531
Fund Group			$	81,352	$	81,352	106532

Federal Special Revenue Fund Group	106533

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,500,000	$	1,500,000	106534
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	135,000	106535
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,100,000	$	1,100,000	106536
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	355,000	106537
3N30	054606	Protection and Advocacy - Individual Rights	$	570,000	$	570,000	106538
3N90	054607	Assistive Technology	$	160,000	$	160,000	106539
3R90	054604	Family Support Collaborative	$	12,500	$	0	106540
3R90	054616	Developmental Disability Publications	$	130,000	$	130,000	106541
3T20	054609	Client Assistance Program	$	435,000	$	435,000	106542
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	235,000	106543
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	70,000	$	70,000	106544
TOTAL FED Federal Special Revenue							106545
Fund Group			$	4,702,500	$	4,690,000	106546

State Special Revenue Fund Group	106547

5AE0	054614	Grants and Contracts	$	100,000	$	100,000	106548
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	106549
TOTAL ALL BUDGET FUND GROUPS			$	5,236,164	$	5,223,664	106550

Section 317.20. LEGAL RIGHTS SERVICE NONPROFIT TRANSITION	106552
STUDY	106553

(A) The Legal Rights Service Commission shall conduct a study	106554
concerning a potential transition from a public entity to a	106555
nonprofit organization effective July 1, 2011. The study shall	106556
include an analysis of all of the following:	106557

(1) The feasibility of a transition to a nonprofit	106558
organization;	106559

(2) The potential effects on service delivery, including	106560
client service and access to required resources, and any other	106561
service delivery advantages or disadvantages that might result	106562
from the transition to a nonprofit organization;	106563

(3) Potential organizational effects, including cost savings	106564
and non-state funding sources, and any other organizational	106565
advantages or disadvantages that might result from the transition	106566
to a nonprofit organization;	106567

(4) The approximate amount of time necessary to achieve a	106568
transition to nonprofit status.	106569

(B) The Legal Rights Service Commission shall develop a	106570
process plan by which a transition to a nonprofit organization	106571
could be implemented not later than July 1, 2011.	106572

(C) Not later than six months after the effective date of	106573
this section, a written report of the results of the study and a	106574
copy of the process plan shall be submitted to the Governor, the	106575
Speaker and the Minority Leader of the House of Representatives,	106576
and the President and the Minority Leader of the Senate.	106577

Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

106578

General Revenue Fund	106579

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		106580
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		106581

General Services Fund Group	106582

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	106583
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	106584
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	106585

Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION

106586

General Revenue Fund	106587

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	106588
GRF	035402	Legislative Interns	$	1,022,120	$	1,022,120	106589
GRF	035404	Legislative Office of Education Oversight	$	500,000	$	500,000	106590
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	106591
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	106592
GRF	035409	National Associations	$	460,560	$	460,560	106593
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	106594
TOTAL GRF General Revenue Fund			$	21,950,530	$	21,950,530	106595

General Services Fund Group	106596

4100	035601	Sale of Publications	$	25,250	$	25,250	106597
4F60	035603	Legislative Budget Services	$	154,025	$	154,025	106598
5EF0	035607	House and Senate Telephone Usage	$	30,000	$	30,000	106599
TOTAL GSF General Services							106600
Fund Group			$	209,275	$	209,275	106601
TOTAL ALL BUDGET FUND GROUPS			$	22,159,805	$	22,159,805	106602

Section 323.10. LIB STATE LIBRARY BOARD

106604

General Revenue Fund	106605

GRF	350321	Operating Expenses	$	5,477,369	$	5,477,369	106606
GRF	350401	Ohioana Rental Payments	$	128,560	$	128,560	106607
GRF	350502	Regional Library Systems	$	832,099	$	832,099	106608
TOTAL GRF General Revenue Fund			$	6,438,028	$	6,438,028	106609

General Services Fund Group	106610

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	106611
4590	350603	Library Service Charges	$	2,895,592	$	3,039,342	106612
4S40	350604	Ohio Public Library Information Network	$	5,702,150	$	5,702,150	106613
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	106614
5GG0	350606	Gates Foundation Grants	$	500,000	$	0	106615
TOTAL GSF General Services							106616
Fund Group			$	10,380,936	$	10,024,686	106617

Federal Special Revenue Fund Group	106618

3130	350601	LSTA Federal	$	5,543,747	$	5,543,747	106619
TOTAL FED Federal Special Revenue							106620
Fund Group			$	5,543,747	$	5,543,747	106621
TOTAL ALL BUDGET FUND GROUPS			$	22,362,711	$	22,006,461	106622

OHIOANA RENTAL PAYMENTS

106623

The foregoing appropriation item 350401, Ohioana Rental	106624
Payments, shall be used to pay the rental expenses of the Martha	106625
Kinney Cooper Ohioana Library Association under section 3375.61	106626
of the Revised Code.	106627

REGIONAL LIBRARY SYSTEMS

106628

The foregoing appropriation item 350502, Regional Library	106629
Systems, shall be used to support regional library systems	106630
eligible for funding under sections 3375.83 and 3375.90 of the	106631
Revised Code.	106632

OHIO PUBLIC LIBRARY INFORMATION NETWORK

106633

(A) The foregoing appropriation item 350604, Ohio Public	106634
Library Information Network, shall be used for an information	106635
telecommunications network linking public libraries in the state	106636
and such others as may participate in the Ohio Public Library	106637
Information Network (OPLIN).	106638

The Ohio Public Library Information Network Board of Trustees	106639
created under section 3375.65 of the Revised Code may make	106640
decisions regarding use of the foregoing appropriation item	106641
350604, Ohio Public Library Information Network.	106642

(B) Of the foregoing appropriation item 350604, Ohio Public	106643
Library Information Network, up to $81,000 in each fiscal year	106644
shall be used to help local libraries use filters to screen out	106645
obscene and illegal internet materials.	106646

The OPLIN Board shall research and assist or advise local	106647
libraries with regard to emerging technologies and methods that	106648
may be effective means to control access to obscene and illegal	106649
materials. The OPLIN Executive Director shall provide biannual	106650
written reports to the Governor, the Speaker and Minority Leader	106651
of the House of Representatives, and the President and Minority	106652
Leader of the Senate on any steps being taken by OPLIN and public	106653
libraries in the state to limit and control such improper usage as	106654
well as information on technological, legal, and law enforcement	106655
trends nationally and internationally affecting this area of	106656
public access and service.	106657

(C) The Ohio Public Library Information Network, INFOhio, and	106658
OhioLINK shall, to the extent feasible, coordinate and cooperate	106659
in their purchase or other acquisition of the use of electronic	106660
databases for their respective users and shall contribute funds in	106661
an equitable manner to such effort.	106662

LIBRARY FOR THE BLIND

106663

The foregoing appropriation item 350605, Library for the	106664
Blind, shall be used for the statewide Talking Book Program to	106665
assist the blind and disabled.	106666

TRANSFER TO OPLIN TECHNOLOGY FUND

106667

Notwithstanding sections 5747.03 and 5747.47 of the Revised	106668
Code and any other provision of law to the contrary, in accordance	106669
with a schedule established by the Director of Budget and	106670
Management, the Director of Budget and Management shall transfer	106671
$3,702,150 cash in each fiscal year from the Public Library Fund	106672
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	106673

TRANSFER TO LIBRARY FOR THE BLIND FUND

106674

Notwithstanding sections 5747.03 and 5747.47 of the Revised	106675
Code and any other provision of law to the contrary, in accordance	106676
with a schedule established by the Director of Budget and	106677
Management, the Director of Budget and Management shall transfer	106678
$1,274,194 cash in each fiscal year from the Public Library Fund	106679
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	106680

Section 325.10. LCO LIQUOR CONTROL COMMISSION

106681

Liquor Control Fund Group	106682

7043	970321	Operating Expenses	$	772,524	$	797,524	106683
TOTAL LCF Liquor Control Fund Group			$	772,524	$	797,524	106684
TOTAL ALL BUDGET FUND GROUPS			$	772,524	$	797,524	106685

Section 327.10. LOT STATE LOTTERY COMMISSION

106687

State Lottery Fund Group	106688

2310	950604	Charitable Gaming Oversight	$	2,378,000	$	2,378,000	106689
7044	950100	Personal Services	$	31,487,285	$	31,237,206	106690
7044	950200	Maintenance	$	14,578,155	$	14,652,155	106691
7044	950300	Equipment	$	4,058,420	$	3,603,920	106692
7044	950402	Advertising Contracts	$	23,548,000	$	23,548,000	106693
7044	950403	Gaming Contracts	$	47,978,749	$	48,756,010	106694
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	106695
7044	950601	Direct Prize Payments	$	124,426,168	$	124,884,039	106696
8710	950602	Annuity Prizes	$	89,935,565	$	89,415,976	106697
TOTAL SLF State Lottery Fund							106698
Group			$	338,740,342	$	338,825,306	106699
TOTAL ALL BUDGET FUND GROUPS			$	338,740,342	$	338,825,306	106700

OPERATING EXPENSES

106701

Notwithstanding sections 127.14 and 131.35 of the Revised	106702
Code, the Controlling Board may, at the request of the State	106703
Lottery Commission, authorize expenditures from the State Lottery	106704
Fund in excess of the amounts appropriated, up to a maximum of 15	106705
per cent of anticipated total revenue accruing from the sale of	106706
lottery tickets. Upon the approval of the Controlling Board, the	106707
additional amounts are hereby appropriated.	106708

DIRECT PRIZE PAYMENTS

106709

Any amounts, in addition to the amounts appropriated in	106710
appropriation item 950601, Direct Prize Payments, that the	106711
Director of the State Lottery Commission determines to be	106712
necessary to fund prizes, bonuses, and commissions are hereby	106713
appropriated.	106714

ANNUITY PRIZES

106715

Upon request of the State Lottery Commission, the Director of	106716
Budget and Management may transfer cash from the State Lottery	106717
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	106718
an amount sufficient to fund deferred prizes. The Treasurer of	106719
State, from time to time, shall credit the Deferred Prizes Trust	106720
Fund (Fund 8710) the pro rata share of interest earned by the	106721
Treasurer of State on invested balances.	106722

Any amounts, in addition to the amounts appropriated in	106723
appropriation item 950602, Annuity Prizes, that the Director of	106724
the State Lottery Commission determines to be necessary to fund	106725
deferred prizes and interest earnings are hereby appropriated.	106726

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

106727

The Director of Budget and Management shall transfer an	106728
amount greater than or equal to $705,000,000 in fiscal year 2010	106729
and $711,000,000 in fiscal year 2011 from the State Lottery Fund	106730
to the Lottery Profits Education Fund (Fund 7017). Transfers from	106731
the State Lottery Fund to the Lottery Profits Education Fund shall	106732
represent the estimated net income from operations for the	106733
Commission in fiscal year 2010 and fiscal year 2011. Transfers by	106734
the Director of Budget and Management to the Lottery Profits	106735
Education Fund shall be administered as the statutes direct.	106736

Section 329.10. MHC MANUFACTURED HOMES COMMISSION

106737

General Services Fund Group	106738

4K90	996609	Operating Expenses	$	434,671	$	434,671	106739
TOTAL GSF General Services							106740
Fund Group			$	434,671	$	434,671	106741
TOTAL ALL BUDGET FUND GROUPS			$	434,671	$	434,671	106742

Section 331.10. MED STATE MEDICAL BOARD

106744

General Services Fund Group	106745

5C60	883609	Operating Expenses	$	8,341,545	$	8,341,545	106746
TOTAL GSF General Services							106747
Fund Group			$	8,341,545	$	8,341,545	106748
TOTAL ALL BUDGET FUND GROUPS			$	8,341,545	$	8,341,545	106749

Section 333.10. AMB MEDICAL TRANSPORTATION BOARD

106751

General Services Fund Group	106752

4K90	915604	Operating Expenses	$	473,450	$	473,450	106753
TOTAL GSF General Services							106754
Fund Group			$	473,450	$	473,450	106755
TOTAL ALL BUDGET FUND GROUPS			$	473,450	$	473,450	106756

Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH

106758

General Revenue Fund	106759

GRF	332401	Forensic Services	$	3,904,972	$	3,904,972	106760
GRF	333321	Central Administration	$	19,204,000	$	17,204,000	106761
GRF	333402	Resident Trainees	$	637,460	$	637,460	106762
GRF	333403	Pre-Admission Screening Expenses	$	650,135	$	650,135	106763
GRF	333415	Lease-Rental Payments	$	21,626,800	$	22,360,300	106764
GRF	333416	Research Program Evaluation	$	701,086	$	701,086	106765
GRF	334408	Community and Hospital Mental Health Services	$	383,724,688	$	383,724,688	106766
GRF	334506	Court Costs	$	781,322	$	781,322	106767
GRF	335404	Behavioral Health Services-Children	$	7,460,800	$	7,460,800	106768
GRF	335405	Family & Children First	$	2,322,000	$	2,322,000	106769
GRF	335419	Community Medication Subsidy	$	9,959,798	$	9,959,798	106770
GRF	335505	Local Mental Health Systems of Care	$	85,510,483	$	65,097,856	106771
GRF	335636	Local MH Subsidy - Federal Stimulus	$	0	$	27,697,699	106772
TOTAL GRF General Revenue Fund			$	597,350,115	$	622,247,385	106773

General Services Fund Group	106774

1490	333609	Central Office Operating	$	1,350,000	$	1,350,000	106775
1490	334609	Hospital - Operating Expenses	$	28,700,000	$	29,200,000	106776
1500	334620	Special Education	$	150,000	$	150,000	106777
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	106778
1510	336601	Office of Support Services	$	159,279,140	$	170,258,490	106779
TOTAL GSF General Services Fund Group			$	189,729,140	$	201,208,490	106780

Federal Special Revenue Fund Group	106781

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	106782
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	106783
3A70	333612	Social Services Block Grant	$	25,000	$	25,000	106784
3A80	333613	Federal Grant - Administration	$	4,888,105	$	4,888,105	106785
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	106786
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	106787
3240	334605	Medicaid/Medicare	$	25,200,000	$	30,200,000	106788
3A60	334608	Federal Miscellaneous	$	586,224	$	586,224	106789
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	106790
3B00	334617	Elementary/Secondary Education Act	$	182,334	$	182,334	106791
3A60	335608	Federal Miscellaneous	$	2,178,699	$	2,178,699	106792
3A70	335612	Social Services Block Grant	$	8,632,288	$	8,632,288	106793
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,595,040	$	2,595,040	106794
3A90	335614	Mental Health Block Grant	$	14,220,930	$	14,220,930	106795
3B10	335635	Community Medicaid Expansion	$	362,770,242	$	345,067,320	106796
TOTAL FED Federal Special Revenue Fund Group			$	436,213,514	$	423,510,592	106797

State Special Revenue Fund Group	106798

2320	333621	Family and Children First Administration	$	725,000	$	725,000	106799
4850	333632	Mental Health Operating	$	134,233	$	134,233	106800
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	106801
5V20	333611	Non-Federal Miscellaneous	$	560,000	$	560,000	106802
4850	334632	Mental Health Operating	$	2,400,000	$	2,400,000	106803
6920	334636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	106804
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	106805
5CH0	335622	Residential Support Service	$	1,500,000	$	1,500,000	106806
6320	335616	Community Capital Replacement	$	700,000	$	700,000	106807
TOTAL SSR State Special Revenue Fund Group			$	15,789,857	$	15,789,857	106808
TOTAL ALL BUDGET FUND GROUPS			$	1,239,082,626	$	1,262,756,324	106809

Section 335.10.10. FORENSIC SERVICES

106811

The foregoing appropriation item 332401, Forensic Services,	106812
shall be used to provide psychiatric services to courts of common	106813
pleas. The appropriation shall be allocated through community	106814
mental health boards to certified community agencies and shall be	106815
distributed according to the criteria delineated in rule	106816
5122:32-01 of the Administrative Code. These community forensic	106817
funds may also be used to provide forensic training to community	106818
mental health boards and to forensic psychiatry residency programs	106819
in hospitals operated by the Department of Mental Health and to	106820
provide evaluations of patients of forensic status in facilities	106821
operated by the Department of Mental Health prior to conditional	106822
release to the community.	106823

In addition, appropriation item 332401, Forensic Services,	106824
may be used to support projects involving mental health or	106825
substance abuse, to assist courts and law enforcement to identify	106826
and develop appropriate alternative services to incarceration for	106827
nonviolent mentally ill offenders, and to provide specialized	106828
re-entry services to offenders leaving prisons and jails. Funds	106829
may also be used to provide forensic monitoring and tracking in	106830
addition to community programs serving persons of forensic status	106831
on conditional release or probation.	106832

Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS

106833

The foregoing appropriation item 333402, Resident Trainees,	106834
shall be used to fund training agreements entered into by the	106835
Director of Mental Health for the development of curricula and the	106836
provision of training programs to support public mental health	106837
services.	106838

Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES

106839

The foregoing appropriation item 333403, Pre-Admission	106840
Screening Expenses, shall be used to ensure that uniform statewide	106841
methods for pre-admission screening are in place for persons who	106842
have severe mental illness and are referred for long-term	106843
Medicaid certified nursing facility placement. Pre-admission	106844
screening includes the following activities: pre-admission	106845
assessment, consideration of continued stay requests, discharge	106846
planning and referral, and adjudication of appeals and grievance	106847
procedures.	106848

Section 335.20.30. LEASE-RENTAL PAYMENTS

106849

The foregoing appropriation item 333415, Lease-Rental	106850
Payments, shall be used to meet all payments during the period	106851
from July 1, 2009, to June 30, 2011, by the Department of Mental	106852
Health under leases and agreements made under section 154.20 of	106853
the Revised Code. These appropriations are the source of funds	106854
pledged for bond service charges on obligations issued pursuant to	106855
Chapter 154. of the Revised Code.	106856

Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES

106857

The Department of Mental Health shall administer specified	106858
Medicaid services as delegated by the Department of Job and Family	106859
Services in an interagency agreement. The foregoing appropriation	106860
item 333607, Behavioral Health Medicaid Services, may be used to	106861
make payments for free-standing psychiatric hospital inpatient	106862
services as defined in an interagency agreement with the	106863
Department of Job and Family Services.	106864

Section 335.30.10. COMMUNITY MENTAL HEALTH BOARD RISK FUND

106865

The foregoing appropriation item 334636, Community Mental	106866
Health Board Risk Fund, shall be used to make payments under	106867
section 5119.62 of the Revised Code.	106868

Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

106869

The foregoing appropriation item 335404, Behavioral Health	106870
Services-Children, shall be used to provide behavioral health	106871
services for children and their families. Behavioral health	106872
services include mental health and alcohol and other drug	106873
treatment services and other necessary supports.	106874

The foregoing appropriation item 335404, Behavioral Health	106875
Services-Children, shall be distributed to boards of alcohol,	106876
drug addiction, and mental health services, including community	106877
mental health boards and alcohol and drug addiction boards, based	106878
upon a distribution formula approved by the Director of Mental	106879
Health. These moneys shall be used in accordance with the board's	106880
applicable plan or plans developed under sections 340.03 and	106881
340.033 of the Revised Code and in collaboration with the local	106882
family and children first council. Collaboration with the local	106883
council shall be conducted through a process defined by a system	106884
of care guidance as approved by the Ohio Family and Children	106885
First Cabinet Council.	106886

Section 335.40.15. FAMILY AND CHILDREN FIRST

106887

(A) As used in this section:

106888

(1) "At-risk individual" means an individual at great risk of	106889
not being able to access available health and social services due	106890
to barriers such as poverty, inadequate transportation, culture,	106891
and priorities of basic survival.	106892

(2) "Care coordination agency" means a person or government	106893
entity that assists at-risk individuals access available health	106894
and social services the at-risk individuals need.	106895

(3) "Regional care coordination hub" means each of the	106896
following:	106897

(a) Toledo/Lucas County CareNet;

106898

(b) Health Care Access Now in Cincinnati;

106899

106900

(B) Of the foregoing appropriation item 335405, Family &	106901
Children First, $130,000 in each fiscal year shall be provided to	106902
Toledo/Lucas County CareNet; $130,000 in each fiscal year shall be	106903
provided to Health Care Access Now in Cincinnati; and, $130,000 in	106904
each fiscal year shall be provided to the Community Health Access	106905
Project in Richland County. Each regional care coordination hub	106906
shall use the money to do all of the following:	106907

(1) Help a care coordination agency that volunteers to work	106908
with the regional care coordination hub do both of the following:	106909

(a) Identify at-risk individuals;

106910

(b) Eliminate duplicate care coordination services provided	106911
to at-risk individuals the hub helps the care coordination agency	106912
identify.	106913

(2) Collect the following information from a care	106914
coordination agency for each at-risk individual the hub helps the	106915
agency identify:	106916

(a) Whether the agency succeeded in enrolling the at-risk	106917
individual in the agency's care coordination services;	106918

(b) The duplicate care coordination services for the at-risk	106919
individual that were eliminated;	106920

(c) The health and social services the at-risk individual	106921
needs;	106922

(d) The barriers the at-risk individual has to accessing the	106923
health and social services the individual needs;	106924

(e) Whether the agency succeeded in helping the at-risk	106925
individual access the health and social services the individual	106926
needs;	106927

(f) The outcomes of the health and social services the at	106928
risk individual accessed.	106929

(3) Compile the information collected under division (B)(2)	106930
of this section and provide it to the regional care coordination	106931
hub's governing board and the Ohio Children and Family First	106932
Cabinet Council.	106933

(C) Of the foregoing appropriation item 335405, Family &	106934
Children First, $124,000 in each fiscal year shall be used by the	106935
Ohio Family and Children First Cabinet Council to provide support	106936
services to the three regional care coordination hubs, to	106937
facilitate the delivery of information from the regional care	106938
coordination hubs to the Ohio Family and Children First Cabinet	106939
Council, and to help improve care coordination services based on	106940
information from the regional care coordination hubs.	106941

Section 335.40.20. COMMUNITY MEDICATION SUBSIDY

106942

The foregoing appropriation item 335419, Community Medication	106943
Subsidy, shall be used to provide subsidized support for	106944
psychotropic medication needs of indigent citizens in the	106945
community to reduce unnecessary hospitalization because of lack of	106946
medication and to provide subsidized support for methadone costs.	106947

Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE

106948

Of the foregoing appropriation item 335505, Local Mental	106949
Health Systems of Care, $669,912 in fiscal year 2010 and $791,286	106950
in fiscal year 2011 shall be provided to alcohol, drug addiction,	106951
and mental health services boards and community mental health	106952
boards to pay the nonfederal share of the one-half of one per cent	106953
increase in the Medicaid reimbursement rate ceilings for	106954
Medicaid-covered community behavioral health services provided for	106955
under the section of this act titled "INCREASE IN MEDICAID RATES	106956
FOR COMMUNITY BEHAVIORAL HEALTH SERVICES."	106957

The remainder of foregoing appropriation item 335505, Local	106958
Mental Health Systems of Care, shall be used for mental health	106959
services provided by community mental health boards in accordance	106960
with a community mental health plan submitted under section	106961
340.03 of the Revised Code and as approved by the Department of	106962
Mental Health.	106963

Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND	106964
DEVELOPMENTAL DISABILITIES	106965

General Revenue Fund	106966

GRF	320321	Central Administration	$	5,485,500	$	5,485,500	106967
GRF	320412	Protective Services	$	2,558,619	$	2,558,619	106968
GRF	320415	Lease-Rental Payments	$	21,626,800	$	22,360,300	106969
GRF	322413	Residential and Support Services	$	5,854,555	$	5,854,555	106970
GRF	322416	Medicaid Waiver - State Match	$	76,940,156	$	96,995,649	106971
GRF	322451	Family Support Services	$	6,591,953	$	6,591,953	106972
GRF	322501	County Boards Subsidies	$	82,093,807	$	49,338,483	106973
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	106974
GRF	322504	Martin Settlement	$	36,841,819	$	36,841,819	106975
GRF	322646	MR/DD Subsidy - Federal Stimulus	$	0	$	23,185,824	106976
GRF	322647	ICF/MR Franchise Fee - Developmental Centers	$	5,600,000	$	7,500,000	106977
GRF	323321	Developmental Center and Residential Facilities Operation Expenses	$	72,874,333	$	80,147,778	106978
TOTAL GRF General Revenue Fund			$	330,467,542	$	350,860,480	106979

General Services Fund Group	106980

4880	322603	Provider Audit Refunds	$	10,000	$	10,000	106981
1520	323609	Developmental Center and Residential Operating Services	$	2,500,000	$	2,600,000	106982
TOTAL GSF General Services Fund Group			$	2,510,000	$	2,610,000	106983

Federal Special Revenue Fund Group	106984

3A50	320613	DD Council	$	2,891,473	$	2,963,760	106985
3250	322612	Community Social Service Programs	$	10,494,451	$	10,494,451	106986
3G60	322639	Medicaid Waiver - Federal	$	759,888,829	$	745,540,748	106987
3M70	322650	CAFS Medicaid	$	28,465,980	$	29,349,502	106988
3A40	323605	Developmental Center and Residential Facility Services and Support	$	167,503,941	$	162,857,712	106989
TOTAL FED Federal Special Revenue Fund Group			$	969,244,674	$	951,206,173	106990

State Special Revenue Fund Group	106991

5GE0	320606	Operating and Services	$	3,760,504	$	7,521,008	106992
2210	322620	Supplement Service Trust	$	150,000	$	150,000	106993
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	106994
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	106995
5DJ0	322625	Targeted Case Management Match	$	14,881,985	$	13,716,454	106996
5DJ0	322626	Targeted Case Management Services	$	29,926,640	$	31,123,705	106997
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	106998
5EV0	322627	Program Fees	$	700,000	$	700,000	106999
5H00	322619	Medicaid Repayment	$	150,000	$	150,000	107000
5Z10	322624	County Board Waiver Match	$	158,648,995	$	169,754,424	107001
4890	323632	Developmental Center Direct Care Support	$	15,395,774	$	15,395,684	107002
5S20	590622	Medicaid Administration & Oversight	$	17,585,557	$	18,214,835	107003
TOTAL SSR State Special Revenue Fund Group			$	254,949,455	$	270,476,110	107004
TOTAL ALL BUDGET FUND GROUPS			$	1,557,171,671	$	1,575,152,763	107005

Section 337.20.10. LEASE-RENTAL PAYMENTS

107007

The foregoing appropriation item 320415, Lease-Rental	107008
Payments, shall be used to meet all payments at the time they are	107009
required to be made during the period from July 1, 2009, to June	107010
30, 2011, by the Department of Mental Retardation and	107011
Developmental Disabilities under leases and agreements made under	107012
section 154.20 of the Revised Code. These appropriations are the	107013
source of funds pledged for bond service charges or obligations	107014
issued pursuant to Chapter 154. of the Revised Code.	107015

Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

107016

The Department of Mental Retardation and Developmental	107017
Disabilities may designate a portion of appropriation item	107018
322413, Residential and Support Services, for Sermak Class	107019
Services used to implement the requirements of the agreement	107020
settling the consent decree in Sermak v. Manuel, Case No.	107021
c-2-80-220, United States District Court for the Southern District	107022
of Ohio, Eastern Division.	107023

Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	107024
PROGRAMS	107025

The foregoing appropriation item 322413, Residential Support	107026
Services, may be used for residential and support service	107027
programs, developed by the Department of Mental Retardation and	107028
Developmental Disabilities, that enable persons with mental	107029
retardation and developmental disabilities to live in the	107030
community.	107031

Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

107032

Except as otherwise provided in section 5123.0416 of the	107033
Revised Code, the purposes for which the foregoing appropriation	107034
item 322416, Medicaid Waiver - State Match, shall be used include	107035
the following:	107036

(A) Home and community-based waiver services under Title XIX	107037
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	107038
as amended.	107039

(B) To pay the nonfederal share of the cost of one or more	107040
new intermediate care facilities for the mentally retarded	107041
certified beds, if the Director of Mental Retardation and	107042
Developmental Disabilities is required by this act to transfer to	107043
the Director of Job and Family Services funds to pay such	107044
nonfederal share.	107045

Section 337.30.40. FISCAL PLAN FOR HOME AND COMMUNITY-BASED	107046
WAIVER SERVICES	107047

Not later than December 31, 2009, the Director of Mental	107048
Retardation and Developmental Disabilities shall submit a plan to	107049
the Director of Job and Family Services with recommendations for	107050
actions to be taken addressing the fiscal sustainability of home	107051
and community-based services as defined in section 5123.01 of the	107052
Revised Code. The plan may include recommendations for all of the	107053
following:	107054

(A) Changing the ranges in the amount the Medicaid program	107055
will pay per individual for the home and community-based services;	107056

(B) Establishing one or more maximum amounts that the	107057
Medicaid program will pay per individual for the home and	107058
community-based services;	107059

(C) Modifying the methodology used in establishing payment	107060
rates for providers, including the methodology's component that	107061
reflects wages and benefits for persons providing direct care and	107062
the component that reflects training and direct supervision of	107063
those persons.	107064

Section 337.30.50. STATE SUBSIDY TO COUNTY MR/DD BOARDS

107065

Except as otherwise provided in the section of this act	107066
titled "Nonfederal Share of New ICF/MR Beds," the Director of	107067
Mental Retardation and Developmental Disabilities, in consultation	107068
with the county boards of mental retardation and developmental	107069
disabilities, shall develop a formula for allocating the foregoing	107070
appropriation item 322501, County Boards Subsidies, to each board.	107071
The Department shall distribute this subsidy to county boards in	107072
quarterly installments.	107073

Except as otherwise provided in section 5126.0511 of the	107074
Revised Code, county boards shall use the subsidy for early	107075
childhood services and adult services provided under section	107076
5126.05 of the Revised Code, service and support administration	107077
provided under section 5126.15 of the Revised Code, and supported	107078
living as defined in section 5126.01 of the Revised Code.	107079

Section 337.30.60. COUNTY BOARD SHARE OF WAIVER SERVICES

107080

As used in this section, "home and community-based services"	107081
has the same meaning as in section 5123.01 of the Revised Code.	107082

The Director of Mental Retardation and Developmental	107083
Disabilities shall establish a methodology to be used in state	107084
fiscal years 2010 and 2011 to estimate the quarterly amount each	107085
county board of mental retardation and developmental disabilities	107086
is to pay of the nonfederal share of home and community-based	107087
services that section 5126.0510 of the Revised Code requires	107088
county boards to pay. Each quarter, the Director shall submit to a	107089
county board written notice of the amount the county board is to	107090
pay for that quarter. The notice shall specify when the payment is	107091
due.	107092

If a county board fails to make the full payment by the time	107093
it is due, the Director of Mental Retardation and Developmental	107094
Disabilities may withhold the amount the county board fails to pay	107095
from one or more of the state subsidies that the Department of	107096
Mental Retardation and Developmental Disabilities would otherwise	107097
provide to the county board. Each quarter, the Director may use	107098
one or more of the following appropriation items to transfer cash	107099
from the General Revenue Fund to the County Board Waiver Match	107100
Fund (Fund 5Z10) equal to the amount the county board failed to	107101
pay:	107102

(A) Appropriation item 322413, Residential and Support	107103
Services;	107104

(B) Appropriation item 322451, Family Support Services;

107105

107106

(D) Appropriation item 322503, Tax Equity.

107107

Transfers shall be made using an intrastate transfer voucher.

107108

Section 337.30.70. TAX EQUITY

107109

Notwithstanding section 5126.18 of the Revised Code, if the	107110
Director of Mental Retardation and Developmental Disabilities	107111
determines that there is sufficient appropriation available, the	107112
foregoing appropriation item 322503, Tax Equity, shall be used	107113
to pay each county board of mental retardation and developmental	107114
disabilities an amount that is equal to the amount the board	107115
received for fiscal year 2009. If the Director determines that	107116
there is not sufficient appropriation available for this	107117
purpose, the Department shall pay to each county board an amount	107118
that is proportionate to the amount the board received for fiscal	107119
year 2009. Proportionality shall be determined by dividing the	107120
total tax equity payments distributed to county boards for fiscal	107121
year 2009 by the tax equity payment a county board received for	107122
fiscal year 2009.	107123

Section 337.30.80. MEDICAID WAIVER - STATE MATCH (FUND 4K80)

107124

The foregoing appropriation item 322604, Medicaid Waiver -	107125
State Match (Fund 4K80), shall be used as state matching funds for	107126
home and community-based waivers.	107127

Section 337.30.85. ICF/MR CONVERSION

107128

(A) As used in this section, "home and community-based	107129
services" has the same meaning as in section 5123.01 of the	107130
Revised Code.	107131

(B) For each quarter of the biennium, the Director of Mental	107132
Retardation and Developmental Disabilities shall certify to the	107133
Director of Budget and Management the estimated amount needed to	107134
fund the provision of home and community-based services made	107135
available by the slots sought under section 5111.877 of the	107136
Revised Code. On receipt of certification, the Director of Budget	107137
and Management shall transfer the estimated amount in cash from	107138
the General Revenue Fund to the Home and Community-Based	107139
Services/Mental Retardation Fund (Fund 4K80), used by the	107140
Department of Mental Retardation and Developmental Disabilities.	107141
Upon completion of the transfer, appropriation item 600525, Health	107142
Care/Medicaid, is hereby reduced by the amount transferred under	107143
this section plus the corresponding federal share. The amount	107144
transferred to Fund 4K80 is hereby appropriated to appropriation	107145
item 322604, Medicaid Waiver – State Match.	107146

(C) If receipts credited to the Medicaid Waiver Fund (Fund	107147
3G60) exceed the amounts appropriated from the fund, the Director	107148
of Mental Retardation and Developmental Disabilities may request	107149
the Director of Budget and Management to authorize expenditures	107150
from the fund in excess of the amounts appropriated. Upon the	107151
approval of the Director of Budget and Management, the additional	107152
amounts are hereby appropriated.	107153

(D) If receipts credited to the Interagency Reimbursement	107154
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	107155
the Director of Job and Family Services may request the Director	107156
of Budget and Management to authorize expenditures from the fund	107157
in excess of the amounts appropriated. Upon approval of the	107158
Director of Budget and Management, the additional amounts are	107159
hereby appropriated.	107160

Section 337.30.90. TARGETED CASE MANAGEMENT SERVICES

107161

County boards of mental retardation and developmental	107162
disabilities shall pay the nonfederal portion of targeted case	107163
management costs to the Department of Mental Retardation and	107164
Developmental Disabilities. The Director of Mental Retardation and	107165
Developmental Disabilities shall withhold any amount owed to the	107166
Department from subsequent payments from any appropriation item	107167
or money otherwise due to a nonpaying county.	107168

The Directors of Mental Retardation and Developmental	107169
Disabilities and Job and Family Services may enter into an	107170
interagency agreement under which the Department of Mental	107171
Retardation and Developmental Disabilities shall transfer cash to	107172
the Department of Job and Family Services equal to the nonfederal	107173
portion of the cost of targeted case management services paid by	107174
county boards and the Department of Job and Family Services shall	107175
pay the total cost of targeted case management claims. The	107176
transfer shall be made using an intrastate transfer voucher.	107177

Section 337.31.10. TRANSFER TO PROGRAM FEE FUND

107178

On July 1, 2009, or as soon as possible thereafter, the	107179
Director of Mental Retardation and Developmental Disabilities	107180
shall request that the Director of Budget and Management transfer	107181
the cash balance in the Conference/Training Fund (Fund 4B50) to	107182
the Program Fee Fund (Fund 5EV0). Upon completion of the	107183
transfer, Fund 4B50 is abolished. The Director of Mental	107184
Retardation and Developmental Disabilities shall cancel any	107185
existing encumbrances against appropriation item 320640, Training	107186
and Service Development, and re-establish them against	107187
appropriation item 322627, Program Fees. The re-established	107188
encumbrances are hereby appropriated.	107189

Section 337.31.20. DEVELOPMENTAL CENTER BILLING FOR SERVICES

107190

Developmental centers of the Department of Mental Retardation	107191
and Developmental Disabilities may provide services to persons	107192
with mental retardation or developmental disabilities living in	107193
the community or to providers of services to these persons. The	107194
Department may develop a method for recovery of all costs	107195
associated with the provisions of these services.	107196

Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	107197
PHARMACY PROGRAMS	107198

The Director of Mental Retardation and Developmental	107199
Disabilities shall transfer cash to the Department of Job and	107200
Family Services quarterly, in an amount equal to the nonfederal	107201
share of Medicaid prescription drug claim costs for all	107202
developmental centers paid by the Department of Job and Family	107203
Services. The quarterly transfer shall be made using an intrastate	107204
transfer voucher.	107205

Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT	107206
SERVICES	107207

Any county funds received by the Department of Mental	107208
Retardation and Developmental Disabilities from county boards for	107209
active treatment shall be deposited in the Mental Retardation	107210
Operating Fund (Fund 4890).	107211

Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

107212

(A) As used in this section, "intermediate care facility for	107213
the mentally retarded" has the same meaning as in section 5111.20	107214
of the Revised Code.	107215

(B) If one or more new beds obtain certification as an	107216
intermediate care facility for the mentally retarded bed on or	107217
after July 1, 2009, the Director of Mental Retardation and	107218
Developmental Disabilities shall transfer cash to the Department	107219
of Job and Family Services to pay the nonfederal share of the cost	107220
under the Medicaid Program for those beds. The transfer shall be	107221
made using an intrastate transfer voucher. Except as otherwise	107222
provided in section 5123.0416 of the Revised Code, the Director	107223
shall use only the following appropriation items for the transfer:	107224

(1) Appropriation item 322416, Medicaid Waiver - State	107225
Match;	107226

(2) Appropriation item 322501, County Boards Subsidies.

107227

(C) If the beds are located in a county served by a county	107228
board of mental retardation and developmental disabilities that	107229
initiates or supports the beds' certification, the cash that the	107230
Director transfers under division (B) of this section shall be	107231
moneys that the Director has allocated to the county board serving	107232
the county in which the beds are located unless the amount of the	107233
allocation is insufficient to pay the entire nonfederal share of	107234
the cost under the Medicaid Program for those beds. If the	107235
allocation is insufficient, the Director shall use as much of such	107236
moneys allocated to other counties as is needed to make up the	107237
difference.	107238

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

107239

General Revenue Fund	107240

GRF	149321	Operating Expenses	$	740,998	$	749,998	107241
GRF	149501	Minority Health Grants	$	1,250,440	$	1,241,440	107242
GRF	149502	Lupus Program	$	364,632	$	364,632	107243
TOTAL GRF General Revenue Fund			$	2,356,070	$	2,356,070	107244

Federal Special Revenue Fund Group	107245

3J90	149602	Federal Grants	$	179,250	$	179,250	107246
TOTAL FED Federal Special Revenue							107247
Fund Group			$	179,250	$	179,250	107248

State Special Revenue Fund Group	107249

4C20	149601	Minority Health Conference	$	47,500	$	47,500	107250
TOTAL SSR State Special Revenue							107251
Fund Group			$	47,500	$	47,500	107252
TOTAL ALL BUDGET FUND GROUPS			$	2,582,820	$	2,582,820	107253

LUPUS PROGRAM

107254

Of the foregoing appropriation item 149502, Lupus Program,	107255
$250,000 in each fiscal year shall be used for additional lupus	107256
education and awareness activities.	107257

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	107258
REGISTRATION BOARD	107259

General Service Fund Group	107260

4K90	865601	Operating Expenses	$	334,995	$	334,995	107261
TOTAL GSF General Services							107262
Fund Group			$	334,995	$	334,995	107263
TOTAL ALL BUDGET FUND GROUPS			$	334,995	$	334,995	107264

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

107266

General Revenue Fund	107267

GRF	725401	Wildlife-GRF Central Support	$	2,300,000	$	2,300,000	107268
GRF	725413	Lease Rental Payments	$	21,417,400	$	21,556,500	107269
GRF	725423	Stream and Ground Water Gauging	$	175,000	$	175,000	107270
GRF	725456	Canal Lands	$	300,000	$	300,000	107271
GRF	725502	Soil and Water Districts	$	4,500,000	$	900,000	107272
GRF	725652	Natural Resources Operations	$	4,886,947	$	4,492,839	107273
GRF	725903	Natural Resources General Obligation Debt Service	$	26,334,400	$	26,549,400	107274
GRF	727321	Division of Forestry	$	6,906,376	$	6,906,376	107275
GRF	728321	Division of Geological Survey	$	1,550,000	$	1,550,000	107276
GRF	729321	Office of Information Technology	$	350,000	$	350,000	107277
GRF	730321	Division of Parks and Recreation	$	36,119,971	$	36,119,971	107278
GRF	736321	Division of Engineering	$	3,000,000	$	3,000,000	107279
GRF	737321	Division of Soil and Water Resources	$	6,628,562	$	6,628,562	107280
GRF	738321	Division of Real Estate and Land Management	$	2,000,000	$	2,000,000	107281
GRF	741321	Division of Natural Areas and Preserves	$	2,339,873	$	2,333,981	107282
GRF	744321	Division of Mineral Resources Management	$	5,029,708	$	4,152,364	107283
TOTAL GRF General Revenue Fund			$	123,838,237	$	119,314,993	107284

General Services Fund Group	107285

1550	725601	Departmental Projects	$	2,235,462	$	2,319,955	107286
1570	725651	Central Support Indirect	$	6,500,000	$	6,500,000	107287
2040	725687	Information Services	$	4,200,000	$	4,400,448	107288
2070	725690	Real Estate Services	$	130,000	$	132,000	107289
2230	725665	Law Enforcement Administration	$	2,062,410	$	2,062,410	107290
2270	725406	Parks Projects Personnel	$	250,000	$	250,000	107291
4300	725671	Canal Lands	$	916,541	$	922,424	107292
4D50	725618	Recycled Materials	$	100,000	$	100,000	107293
4S90	725622	NatureWorks Personnel	$	412,740	$	412,740	107294
4X80	725662	Water Resources Council	$	138,900	$	138,900	107295
5080	725684	Natural Resources Publications	$	221,607	$	177,295	107296
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	107297
5160	725620	Water Management	$	2,931,513	$	2,931,513	107298
6350	725664	Fountain Square Facilities Management	$	3,715,398	$	3,715,398	107299
6970	725670	Submerged Lands	$	1,072,011	$	772,011	107300
TOTAL GSF General Services							107301
Fund Group			$	25,190,193	$	25,138,705	107302

Federal Special Revenue Fund Group	107303

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	107304
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	107305
3B40	725641	Federal Flood Pass-Thru	$	700,000	$	700,000	107306
3B50	725645	Federal Abandoned Mine Lands	$	14,307,667	$	14,307,667	107307
3B60	725653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	107308
3B70	725654	Reclamation - Regulatory	$	2,394,565	$	2,388,775	107309
3P00	725630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	107310
3P10	725632	Geological Survey - Federal	$	689,506	$	692,401	107311
3P20	725642	Oil and Gas-Federal	$	231,456	$	234,509	107312
3P30	725650	Coastal Management - Federal	$	1,711,237	$	1,711,237	107313
3P40	725660	Federal - Soil and Water Resources	$	316,734	$	316,734	107314
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	107315
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	107316
TOTAL FED Federal Special Revenue							107317
Fund Group			$	27,299,268	$	27,299,426	107318

State Special Revenue Fund Group	107319

4J20	725628	Injection Well Review	$	119,895	$	119,996	107320
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	107321
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	107322
5090	725602	State Forest	$	6,211,924	$	6,211,924	107323
5110	725646	Ohio Geological Mapping	$	724,310	$	723,515	107324
5120	725605	State Parks Operations	$	29,885,528	$	29,885,528	107325
5140	725606	Lake Erie Shoreline	$	1,074,113	$	974,113	107326
5180	725643	Oil and Gas Permit Fees	$	2,574,378	$	2,574,378	107327
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	107328
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	107329
5220	725656	Natural Areas and Preserves	$	1,550,670	$	1,550,670	107330
5260	725610	Strip Mining Administration Fee	$	3,267,587	$	3,364,361	107331
5270	725637	Surface Mining Administration	$	1,946,591	$	1,946,591	107332
5290	725639	Unreclaimed Land Fund	$	2,021,713	$	2,023,831	107333
5310	725648	Reclamation Forfeiture	$	2,062,237	$	2,062,237	107334
5320	725644	Litter Control and Recycling	$	6,280,681	$	6,280,681	107335
5860	725633	Scrap Tire Program	$	1,500,000	$	1,500,000	107336
5BV0	725683	Soil and Water Districts	$	10,875,577	$	15,104,906	107337
5B30	725674	Mining Regulation	$	28,850	$	28,850	107338
5CU0	725647	Mine Safety	$	3,053,843	$	3,199,923	107339
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	107340
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	107341
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	107342
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	107343
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	107344
6150	725661	Dam Safety	$	807,403	$	807,403	107345
TOTAL SSR State Special Revenue							107346
Fund Group			$	75,179,290	$	79,552,897	107347

Clean Ohio Conservation Fund Group	107348

7061	725405		Clean Ohio Operating		$	310,000		$	310,000		107349
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		107350

Wildlife Fund Group	107351

5P20	725634	Wildlife Boater Angler Administration	$	2,000,000	$	2,000,000	107352
7015	740401	Division of Wildlife Conservation	$	58,614,436	$	54,906,000	107353
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	107354
8160	725649	Wetlands Habitat	$	966,885	$	966,885	107355
8170	725655	Wildlife Conservation Checkoff Fund	$	2,800,000	$	2,800,000	107356
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	107357
8190	725685	Ohio River Management	$	128,584	$	128,584	107358
TOTAL WLF Wildlife Fund Group			$	66,130,354	$	62,421,918	107359

Waterways Safety Fund Group	107360

7086	725414	Waterways Improvement	$	4,265,575	$	4,265,575	107361
7086	725418	Buoy Placement	$	52,182	$	52,182	107362
7086	725501	Waterway Safety Grants	$	137,867	$	137,867	107363
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	107364
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	107365
7086	739401	Division of Watercraft	$	19,949,181	$	19,949,181	107366
TOTAL WSF Waterways Safety Fund							107367
Group			$	25,347,601	$	25,347,601	107368

Accrued Leave Liability Fund Group	107369

4M80	725675	FOP Contract	$	20,844	$	20,844	107370
TOTAL ALF Accrued Leave							107371
Liability Fund Group			$	20,844	$	20,844	107372

Holding Account Redistribution Fund Group	107373

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	107374
R043	725624	Forestry	$	2,000,000	$	2,000,000	107375
TOTAL 090 Holding Account							107376
Redistribution Fund Group			$	2,296,263	$	2,296,263	107377
TOTAL ALL BUDGET FUND GROUPS			$	345,612,050	$	341,702,647	107378

Section 343.20. CENTRAL SUPPORT INDIRECT

107380

With the exception of the Division of Wildlife, whose direct	107381
and indirect central support charges shall be paid out of the	107382
General Revenue Fund from the foregoing appropriation item	107383
725401, Wildlife-GRF Central Support, the Department of Natural	107384
Resources, with approval of the Director of Budget and Management,	107385
shall utilize a methodology for determining each division's	107386
payments into the Central Support Indirect Fund (Fund 1570). The	107387
methodology used shall contain the characteristics of	107388
administrative ease and uniform application in compliance with	107389
federal grant requirements. It may include direct cost charges for	107390
specific services provided. Payments to Fund 1570 shall be made	107391
using an intrastate transfer voucher.	107392

Section 343.20.10. FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS

107393

The foregoing appropriation item 725652, Natural Resources	107394
Operations, shall be used to support services of the Department	107395
of Natural Resources consistent with funds received from the	107396
federal government for fiscal stabilization and recovery	107397
purposes.	107398

Section 343.20.20. WELL LOG FILING FEES

107399

The Chief of the Division of Water shall deposit fees	107400
forwarded to the Division pursuant to section 1521.05 of the	107401
Revised Code into the Departmental Services – Intrastate Fund	107402
(Fund 1550) for the purposes described in that section.	107403

Section 343.30. LEASE RENTAL PAYMENTS

107404

The foregoing appropriation item 725413, Lease Rental	107405
Payments, shall be used to meet all payments at the times they are	107406
required to be made during the period from July 1, 2009, to June	107407
30, 2011, by the Department of Natural Resources pursuant to	107408
leases and agreements made under section 154.22 of the Revised	107409
Code. These appropriations are the source of funds pledged for	107410
bond service charges or obligations issued pursuant to Chapter	107411
154. of the Revised Code.	107412

CANAL LANDS

107413

The foregoing appropriation item 725456, Canal Lands, shall	107414
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	107415
provide operating expenses for the State Canal Lands Program. The	107416
transfer shall be made using an intrastate transfer voucher and	107417
shall be subject to the approval of the Director of Budget and	107418
Management.	107419

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

107420

The foregoing appropriation item 725903, Natural Resources	107421
General Obligation Debt Service, shall be used to pay all debt	107422
service and related financing costs during the period July 1,	107423
2009, to June 30, 2011, on obligations issued under sections	107424
151.01 and 151.05 of the Revised Code.	107425

Section 343.30.10. FOUNTAIN SQUARE

107426

The foregoing appropriation item 725664, Fountain Square	107427
Facilities Management, shall be used for payment of repairs,	107428
renovation, utilities, property management, and building	107429
maintenance expenses for the Fountain Square complex. Cash	107430
transferred by intrastate transfer vouchers from various	107431
department funds and rental income received by the Department of	107432
Natural Resources shall be deposited into the Fountain Square	107433
Facilities Management Fund (Fund 6350).	107434

Section 343.40. SOIL AND WATER DISTRICTS

107435

In addition to state payments to soil and water conservation	107436
districts authorized by section 1515.10 of the Revised Code, the	107437
Department of Natural Resources may use appropriation item 725502,	107438
Soil and Water Districts, to pay any soil and water conservation	107439
district an annual amount not to exceed $30,000, upon receipt of	107440
a request and justification from the district and approval by the	107441
Ohio Soil and Water Conservation Commission. The county auditor	107442
shall credit the payments to the special fund established under	107443
section 1515.10 of the Revised Code for the local soil and water	107444
conservation district. Moneys received by each district shall be	107445
expended for the purposes of the district.	107446

The foregoing appropriation item 725683, Soil and Water	107447
Districts, shall be expended for the purposes described above,	107448
except that the funding source for this appropriation shall be	107449
fees applied on the disposal of construction and demolition	107450
debris and municipal solid waste as provided in section 1515.14 of	107451
the Revised Code.	107452

OIL AND GAS WELL PLUGGING

107453

The foregoing appropriation item 725677, Oil and Gas Well	107454
Plugging, shall be used exclusively for the purposes of plugging	107455
wells and to properly restore the land surface of idle and orphan	107456
oil and gas wells pursuant to section 1509.071 of the Revised	107457
Code. No funds from the appropriation item shall be used for	107458
salaries, maintenance, equipment, or other administrative	107459
purposes, except for those costs directly attributed to the	107460
plugging of an idle or orphan well. This appropriation item shall	107461
not be used to transfer cash to any other fund or appropriation	107462
item.	107463

LITTER CONTROL AND RECYCLING

107464

Of the foregoing appropriation item 725644, Litter Control	107465
and Recycling, up to $1,500,000 may be used in each fiscal year	107466
for the administration of the Recycling and Litter Prevention	107467
Program.	107468

Section 343.40.10. CLEAN OHIO OPERATING EXPENSES

107469

The foregoing appropriation item 725405, Clean Ohio	107470
Operating, shall be used by the Department of Natural Resources in	107471
administering section 1519.05 of the Revised Code.	107472

Section 343.50. WATERCRAFT MARINE PATROL

107473

Of the foregoing appropriation item 739401, Division of	107474
Watercraft, up to $200,000 in each fiscal year shall be expended	107475
for the purchase of equipment for marine patrols qualifying for	107476
funding from the Department of Natural Resources pursuant to	107477
section 1547.67 of the Revised Code. Proposals for equipment shall	107478
accompany the submission of documentation for receipt of a marine	107479
patrol subsidy pursuant to section 1547.67 of the Revised Code and	107480
shall be loaned to eligible marine patrols pursuant to a	107481
cooperative agreement between the Department of Natural Resources	107482
and the eligible marine patrol.	107483

Section 343.60. PARKS CAPITAL EXPENSES FUND

107484

The Director of Natural Resources shall submit to the	107485
Director of Budget and Management the estimated design,	107486
engineering, and planning costs of capital-related work to be done	107487
by Department of Natural Resources staff for parks projects. If	107488
the Director of Budget and Management approves the estimated	107489
costs, the Director may release appropriations from appropriation	107490
item C725E6, Project Planning, in the Parks and Recreation	107491
Improvement Fund (Fund 7035), for those purposes. Upon release of	107492
the appropriations, the Department of Natural Resources shall pay	107493
for these expenses from the Parks Capital Expenses Fund (Fund	107494
2270). Expenses paid from Fund 2270 shall be reimbursed by Fund	107495
7035 using an intrastate transfer voucher.	107496

NATUREWORKS CAPITAL EXPENSES FUND

107497

The Department of Natural Resources shall periodically	107498
prepare and submit to the Director of Budget and Management the	107499
estimated design, planning, and engineering costs of	107500
capital-related work to be done by Department of Natural Resources	107501
staff for each capital improvement project within the Ohio Parks	107502
and Natural Resources Fund (Fund 7031). If the Director of Budget	107503
and Management approves the estimated costs, the Director may	107504
release appropriations from appropriation item C725E5, Project	107505
Planning, in fund 7031, for those purposes. Upon release of the	107506
appropriations, the Department of Natural Resources shall pay for	107507
these expenses from the Capital Expenses Fund (Fund 4S90).	107508
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	107509
using an intrastate transfer voucher.	107510

Section 345.10. NUR STATE BOARD OF NURSING

107511

General Services Fund Group	107512

4K90	884609	Operating Expenses	$	5,661,280	$	5,661,280	107513
5AC0	884602	Nurse Education Grant Program	$	1,450,000	$	1,450,000	107514
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	107515
TOTAL GSF General Services							107516
Fund Group			$	7,116,280	$	7,116,280	107517
TOTAL ALL BUDGET FUND GROUPS			$	7,116,280	$	7,116,280	107518

NURSING SPECIAL ISSUES

107519

The foregoing appropriation item 884601, Nursing Special	107520
Issues (Fund 5P80), shall be used to pay the costs the Board of	107521
Nursing incurs in implementing section 4723.062 of the Revised	107522
Code.	107523

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	107524
AND ATHLETIC TRAINERS BOARD	107525

General Services Fund Group	107526

4K90	890609	Operating Expenses	$	963,984	$	963,984	107527
TOTAL GSF General Services Fund Group			$	963,984	$	963,984	107528
TOTAL ALL BUDGET FUND GROUPS			$	963,984	$	963,984	107529

Section 348.10. OLA OHIOANA LIBRARY ASSOCIATION

107531

General Revenue Fund	107532

GRF	355501	Library Subsidy	$	160,000	$	160,000	107533
TOTAL GRF General Revenue Fund			$	160,000	$	160,000	107534
TOTAL ALL BUDGET FUND GROUPS			$	160,000	$	160,000	107535

Section 349.10. ODB OHIO OPTICAL DISPENSERS BOARD

107537

General Services Fund Group	107538

4K90	894609	Operating Expenses	$	345,324	$	345,324	107539
TOTAL GSF General Services							107540
Fund Group			$	345,324	$	345,324	107541
TOTAL ALL BUDGET FUND GROUPS			$	345,324	$	345,324	107542

Section 351.10. OPT STATE BOARD OF OPTOMETRY

107544

General Services Fund Group	107545

4K90	885609	Operating Expenses	$	351,071	$	351,071	107546
TOTAL GSF General Services							107547
Fund Group			$	351,071	$	351,071	107548
TOTAL ALL BUDGET FUND GROUPS			$	351,071	$	351,071	107549

Section 353.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	107551
AND PEDORTHICS	107552

General Services Fund Group	107553

4K90	973609	Operating Expenses	$	116,260	$	116,260	107554
TOTAL GSF General Services							107555
Fund Group			$	116,260	$	116,260	107556
TOTAL ALL BUDGET FUND GROUPS			$	116,260	$	116,260	107557

Section 355.10. UST PETROLEUM UNDERGROUND STORAGE TANK

107558

Agency Fund Group	107559

6910	810632	PUSTRCB Staff	$	1,134,860	$	1,144,627	107560
TOTAL AGY Agency Fund Group			$	1,134,860	$	1,144,627	107561
TOTAL ALL BUDGET FUND GROUPS			$	1,134,860	$	1,144,627	107562

Section 357.10. PRX STATE BOARD OF PHARMACY

107564

General Services Fund Group	107565

4A50	887605	Drug Law Enforcement	$	75,500	$	75,500	107566
4K90	887609	Operating Expenses	$	5,251,032	$	5,251,032	107567
TOTAL GSF General Services Fund Group			$	5,326,532	$	5,326,532	107568

Federal Special Revenue Fund Group	107569

3BC0	887604	Dangerous Drugs Database	$	493,164	$	500,891	107570
TOTAL FED Federal Special Revenue Fund Group			$	493,164	$	500,891	107571
TOTAL ALL BUDGET FUND GROUPS			$	5,819,696	$	5,827,423	107572

Section 359.10. PSY STATE BOARD OF PSYCHOLOGY

107574

General Services Fund Group	107575

4K90	882609	Operating Expenses	$	566,000	$	586,000	107576
TOTAL GSF General Services							107577
Fund Group			$	566,000	$	586,000	107578
TOTAL ALL BUDGET FUND GROUPS			$	566,000	$	586,000	107579

Section 361.10. PUB OHIO PUBLIC DEFENDER COMMISSION

107581

General Revenue Fund	107582

GRF	019321	Public Defender Administration	$	772,500	$	612,600	107583
GRF	019401	State Legal Defense Services	$	4,377,500	$	3,471,400	107584
GRF	019403	Multi-County: State Share	$	1,308,201	$	1,456,835	107585
GRF	019404	Trumbull County - State Share	$	430,217	$	467,727	107586
GRF	019405	Training Account	$	50,000	$	50,000	107587
GRF	019501	County Reimbursement	$	22,767,720	$	17,898,638	107588
TOTAL GRF General Revenue Fund			$	29,706,138	$	23,957,200	107589

General Services Fund Group	107590

4070	019604	County Representation	$	196,650	$	207,143	107591
4080	019605	Client Payments	$	865,798	$	886,500	107592
5CX0	019617	Civil Case Filing Fee	$	743,076	$	772,121	107593
TOTAL GSF General Services							107594
Fund Group			$	1,805,524	$	1,865,764	107595

Federal Special Revenue Fund Group	107596

3S80	019608	Federal Representation	$	202,347	$	212,303	107597
TOTAL FED Federal Special Revenue							107598
Fund Group			$	202,347	$	212,303	107599

State Special Revenue Fund Group	107600

4C70	019601	Multi-County: County Share	$	2,227,056	$	2,384,210	107601
4X70	019610	Trumbull County - County Share	$	732,393	$	765,467	107602
5740	019606	Civil Legal Aid	$	30,000,000	$	30,000,000	107603
5DY0	019618	Indigent Defense Support - County Share	$	27,783,000	$	37,044,000	107604
5DY0	019619	Indigent Defense Support Fund - State Office	$	3,087,000	$	4,116,000	107605
TOTAL SSR State Special Revenue							107606
Fund Group			$	63,829,449	$	74,309,677	107607
TOTAL ALL BUDGET FUND GROUPS			$	95,543,458	$	100,344,944	107608

INDIGENT DEFENSE OFFICE

107609

The foregoing appropriation items 019404, Trumbull County -	107610
State Share, and 019610, Trumbull County - County Share, shall be	107611
used to support an indigent defense office for Trumbull County.	107612

MULTI-COUNTY OFFICE

107613

The foregoing appropriation items 019403, Multi-County: State	107614
Share, and 019601, Multi-County: County Share, shall be used to	107615
support the Office of the Ohio Public Defender's Multi-County	107616
Branch Office Program.	107617

TRAINING ACCOUNT

107618

The foregoing appropriation item 019405, Training Account,	107619
shall be used by the Ohio Public Defender to provide legal	107620
training programs at no cost for private appointed counsel who	107621
represent at least one indigent defendant at no cost and for state	107622
and county public defenders and attorneys who contract with the	107623
Ohio Public Defender to provide indigent defense services.	107624

FEDERAL REPRESENTATION

107625

The foregoing appropriation item 019608, Federal	107626
Representation, shall be used to receive reimbursements from the	107627
federal courts when the Ohio Public Defender provides	107628
representation in federal court cases and to support	107629
representation in such cases.	107630

Section 363.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

107631

General Services Fund Group	107632

5F60	870622	Utility and Railroad Regulation	$	34,455,627	$	34,455,627	107633
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	107634
5F60	870625	Motor Transportation Regulation	$	6,071,829	$	6,071,829	107635
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	107636
TOTAL GSF General Services							107637
Fund Group			$	45,685,456	$	45,685,456	107638

Federal Special Revenue Fund Group	107639

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	107640
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	107641
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	107642
TOTAL FED Federal Special Revenue							107643
Fund Group			$	8,049,619	$	8,049,619	107644

State Special Revenue Fund Group	107645

4A30	870614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	107646
4L80	870617	Pipeline Safety-State	$	187,621	$	187,621	107647
4S60	870618	Hazardous Material Registration	$	464,325	$	464,325	107648
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	107649
4U80	870620	Civil Forfeitures	$	284,986	$	284,986	107650
5590	870605	Public Utilities Territorial Administration	$	4,000	$	4,000	107651
5600	870607	Special Assessment	$	100,000	$	100,000	107652
5610	870606	Power Siting Board	$	647,893	$	647,893	107653
5BP0	870623	Wireless 9-1-1 Administration	$	34,417,000	$	36,443,000	107654
6380	870611	Biofuels/Municipal Waste Technology	$	40,000	$	40,000	107655
6610	870612	Hazardous Materials Transportation	$	900,000	$	900,000	107656
TOTAL SSR State Special Revenue							107657
Fund Group			$	38,768,928	$	40,794,928	107658
TOTAL ALL BUDGET FUND GROUPS			$	92,504,003	$	94,530,003	107659

Section 365.10. PWC PUBLIC WORKS COMMISSION

107661

General Revenue Fund	107662

GRF	150904	Conservation General Obligation Debt Service	$	20,711,100	$	25,684,900	107663
GRF	150907	State Capital Improvements	$	148,331,900	$	163,443,500	107664
		General Obligation Debt Service					107665
TOTAL GRF General Revenue Fund			$	169,043,000	$	189,128,400	107666

Local Infrastructure Improvements Fund Group	107667

7039	150909		Local Infrastructure Development		$	261,027		$	269,555		107668
TOTAL LIF Local Infrastructure Improvements Fund Group					$	261,027		$	269,555		107669

Clean Ohio Conservation Fund Group	107670

7056	150403	Clean Ohio Operating Expenses	$	304,332	$	311,509	107671
TOTAL 056 Clean Ohio Conservation Fund Group			$	304,332	$	311,509	107672
TOTAL ALL BUDGET FUND GROUPS			$	169,608,359	$	189,709,464	107673

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

107674

The foregoing appropriation item 150904, Conservation General	107675
Obligation Debt Service, shall be used to pay all debt service and	107676
related financing costs during the period from July 1, 2009,	107677
through June 30, 2011, at the times they are required to be made	107678
for obligations issued under sections 151.01 and 151.09 of the	107679
Revised Code.	107680

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

107681

The foregoing appropriation item 150907, State Capital	107682
Improvements General Obligation Debt Service, shall be used to pay	107683
all debt service and related financing costs during the period	107684
from July 1, 2009, to June 30, 2011, at the times they are	107685
required to be made for obligations issued under sections 151.01	107686
and 151.08 of the Revised Code.	107687

CLEAN OHIO OPERATING EXPENSES

107688

The foregoing appropriation item 150403, Clean Ohio	107689
Operating Expenses, shall be used by the Ohio Public Works	107690
Commission in administering sections 164.20 to 164.27 of the	107691
Revised Code.	107692

REIMBURSEMENT TO THE GENERAL REVENUE FUND

107693

(A) On or before July 15, 2011, the Director of the Public	107694
Works Commission shall certify to the Director of Budget and	107695
Management the following:	107696

(1) The total amount disbursed from appropriation item	107697
700409, Farmland Preservation, during the FY 2010-FY 2011	107698
biennium; and	107699

(2) The amount of interest earnings that have been credited	107700
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	107701
of the amount needed for other purposes as calculated by the	107702
Director of the Public Works Commission.	107703

(B) If the Director of Budget and Management determines under	107704
division (A)(2) of this section that there are excess interest	107705
earnings, the Director of Budget and Management shall, on or	107706
before July 15, 2011, transfer the excess interest earnings to the	107707
General Revenue Fund in an amount equal to the total amount	107708
disbursed under division (A)(1) of this section from the Clean	107709
Ohio Conservation Fund.	107710

Section 367.10. RAC STATE RACING COMMISSION

107711

State Special Revenue Fund Group	107712

5620	875601	Thoroughbred Race Fund	$	2,300,000	$	2,300,000	107713
5630	875602	Standardbred Development Fund	$	1,900,000	$	1,900,000	107714
5640	875603	Quarterhorse Development Fund	$	1,000	$	1,000	107715
5650	875604	Racing Commission Operating	$	3,742,342	$	3,758,818	107716
5C40	875607	Simulcast Horse Racing Purse	$	14,000,000	$	14,000,000	107717
TOTAL SSR State Special Revenue							107718
Fund Group			$	21,943,342	$	21,959,818	107719

Holding Account Redistribution Fund Group	107720

R021	875605	Bond Reimbursements	$	145,000	$	145,000	107721
TOTAL 090 Holding Account Redistribution							107722
Fund Group			$	145,000	$	145,000	107723
TOTAL ALL BUDGET FUND GROUPS			$	22,088,342	$	22,104,818	107724

Section 371.10. BOR BOARD OF REGENTS

107726

General Revenue Fund	107727

GRF	235321	Operating Expenses	$	2,439,835	$	2,439,835	107728
GRF	235401	Lease Rental Payments	$	124,461,100	$	107,897,100	107729
GRF	235402	Sea Grants	$	300,000	$	300,000	107730
GRF	235406	Articulation and Transfer	$	2,610,000	$	2,610,000	107731
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	107732
GRF	235409	Information System	$	966,804	$	966,804	107733
GRF	235414	State Grants and Scholarship Administration	$	1,458,109	$	1,458,109	107734
GRF	235415	Jobs Challenge	$	4,967,492	$	4,967,492	107735
GRF	235417	Ohio Learning Network	$	2,807,546	$	2,807,546	107736
GRF	235428	Appalachian New Economy Partnership	$	981,887	$	981,887	107737
GRF	235433	Economic Growth Challenge	$	527,541	$	527,541	107738
GRF	235434	College Readiness and Access	$	4,240,000	$	4,240,000	107739
GRF	235435	Teacher Improvement Initiatives	$	204,000	$	204,000	107740
GRF	235438	Choose Ohio First Scholarship	$	13,125,000	$	16,125,000	107741
GRF	235441	Co-Op/Internship Program	$	49,000,000	$	50,000,000	107742
GRF	235442	Teacher Fellowship	$	0	$	2,500,000	107743
GRF	235443	Adult Basic and Literacy Education - State	$	7,650,264	$	7,650,264	107744
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,791,288	$	15,791,286	107745
GRF	235474	Area Health Education Centers Program Support	$	1,091,833	$	1,091,833	107746
GRF	235501	State Share of Instruction	$	1,672,708,351	$	1,675,554,971	107747
GRF	235502	Student Support Services	$	714,406	$	714,406	107748
GRF	235504	War Orphans Scholarships	$	4,331,089	$	4,331,089	107749
GRF	235507	OhioLINK	$	6,632,281	$	6,632,281	107750
GRF	235508	Air Force Institute of Technology	$	1,840,659	$	1,840,659	107751
GRF	235509	Women In Transition	$	125,000	$	125,000	107752
GRF	235510	Ohio Supercomputer Center	$	3,834,386	$	3,834,386	107753
GRF	235511	Cooperative Extension Service	$	23,518,608	$	22,467,678	107754
GRF	235513	Ohio University Voinovich School	$	484,630	$	484,630	107755
GRF	235514	Central State Supplement	$	12,384,106	$	12,384,106	107756
GRF	235515	Case Western Reserve University School of Medicine	$	2,603,096	$	2,603,096	107757
GRF	235519	Family Practice	$	3,840,127	$	3,840,127	107758
GRF	235520	Shawnee State Supplement	$	2,577,393	$	2,577,393	107759
GRF	235521	The Ohio State University John Glenn School of Public Affairs	$	286,082	$	286,082	107760
GRF	235524	Police and Fire Protection	$	123,498	$	123,498	107761
GRF	235525	Geriatric Medicine	$	633,294	$	633,294	107762
GRF	235526	Primary Care Residencies	$	1,895,962	$	1,895,962	107763
GRF	235527	Ohio Aerospace Institute	$	1,468,104	$	1,468,104	107764
GRF	235535	Ohio Agricultural Research and Development Center	$	34,000,000	$	34,000,000	107765
GRF	235536	The Ohio State University Clinical Teaching	$	11,727,036	$	11,727,036	107766
GRF	235537	University of Cincinnati Clinical Teaching	$	9,645,328	$	9,645,328	107767
GRF	235538	University of Toledo Clinical Teaching	$	7,518,011	$	7,518,011	107768
GRF	235539	Wright State University Clinical Teaching	$	3,652,395	$	3,652,395	107769
GRF	235540	Ohio University Clinical Teaching	$	3,530,882	$	3,530,882	107770
GRF	235541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	3,631,508	$	3,631,508	107771
GRF	235552	Capital Component	$	20,382,568	$	20,382,568	107772
GRF	235553	Dayton Area Graduate Studies Institute	$	300,000	$	300,000	107773
GRF	235555	Library Depositories	$	1,522,963	$	1,522,963	107774
GRF	235556	Ohio Academic Resources Network	$	3,354,501	$	3,354,501	107775
GRF	235558	Long-term Care Research	$	223,711	$	223,711	107776
GRF	235563	Ohio College Opportunity Grant	$	120,000,000	$	135,000,000	107777
GRF	235567	Central State University Speed to Scale	$	1,775,254	$	0	107778
GRF	235572	The Ohio State University Clinic Support	$	929,591	$	929,591	107779
GRF	235576	Nonpublic Need-Based Financial Aid	$	70,000,000	$	70,000,000	107780
GRF	235579	Bliss Institute	$	313,984	$	313,984	107781
GRF	235580	Entrepreneurship Education Program	$	50,000	$	50,000	107782
GRF	235583	Urban University Program	$	3,336,857	$	3,336,857	107783
GRF	235587	Rural University Projects	$	708,693	$	708,693	107784
GRF	235596	Hazardous Materials Program	$	373,858	$	373,858	107785
GRF	235599	National Guard Scholarship Program	$	14,912,271	$	14,912,271	107786
GRF	235644	State Share of Instruction - Federal Stimulus - Education	$	309,874,026	$	308,802,662	107787
GRF	235646	SSI - Federal Stimulus - Government Services	$	87,955,700	$	103,302,363	107788
GRF	235909	Higher Education General Obligation Debt Service	$	85,317,700	$	89,480,300	107789
TOTAL GRF General Revenue Fund			$	2,767,755,608	$	2,791,149,941	107790

General Services Fund Group	107791

2200	235614	Program Approval and Reauthorization	$	3,000,000	$	3,000,000	107792
4560	235603	Sales and Services	$	700,000	$	700,000	107793
TOTAL GSF General Services							107794
Fund Group			$	3,700,000	$	3,700,000	107795

Federal Special Revenue Fund Group	107796

3120	235609	Tech Prep	$	183,849	$	183,849	107797
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	107798
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	107799
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	107800
3120	235641	Adult Basic Literacy Education - Federal	$	17,869,546	$	17,869,546	107801
3BE0	235636	Adult Education and Family Literacy Act Incentive Grant	$	1,783,583	$	1,783,583	107802
3BG0	235626	Star Schools	$	250,000	$	0	107803
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	107804
3N60	235605	State Student Incentive Grants	$	2,533,339	$	2,533,339	107805
3N60	235638	College Access Challenge Grant	$	2,268,044	$	2,268,044	107806
TOTAL FED Federal Special Revenue							107807
Fund Group			$	36,401,322	$	36,151,322	107808

State Special Revenue Fund Group	107809

4E80	235602	Higher Educational Facility Commission Administration	$	45,000	$	45,000	107810
6490	235607	The Ohio State University Highway/Transportation Research	$	600,000	$	600,000	107811
6820	235606	Nursing Loan Program	$	893,000	$	893,000	107812
TOTAL SSR State Special Revenue							107813
Fund Group			$	1,538,000	$	1,538,000	107814

Third Frontier Research & Development Fund Group	107815

7011	235634	Research Incentive Third Frontier Fund	$	10,000,000	$	10,000,000	107816
TOTAL 7011 Third Frontier Research & Development Fund Group			$	10,000,000	$	10,000,000	107817
TOTAL ALL BUDGET FUND GROUPS			$	2,819,394,930	$	2,842,539,263	107818

Section 371.10.10. LEASE RENTAL PAYMENTS

107820

The foregoing appropriation item 235401, Lease Rental	107821
Payments, shall be used to meet all payments at the times they are	107822
required to be made during the period from July 1, 2009, to June	107823
30, 2011, by the Chancellor of the Board of Regents under leases	107824
and agreements made under section 154.21 of the Revised Code.	107825
These appropriations are the source of funds pledged for bond	107826
service charges or obligations issued pursuant to Chapter 154. of	107827
the Revised Code.	107828

Section 371.10.15. SEA GRANTS

107829

The foregoing appropriation item 235402, Sea Grants, shall be	107830
disbursed to The Ohio State University and shall be used to	107831
conduct research on fish in Lake Erie.	107832

Section 371.10.20. ARTICULATION AND TRANSFER

107833

The foregoing appropriation item 235406, Articulation and	107834
Transfer, shall be used by the Chancellor of the Board of Regents	107835
to maintain and expand the work of the Articulation and Transfer	107836
Council to develop a system of transfer policies to ensure that	107837
students at state institutions of higher education can transfer	107838
and have coursework apply to their majors and degrees at any	107839
other state institution of higher education without unnecessary	107840
duplication or institutional barriers under sections 3333.16,	107841
3333.161, and 3333.162 of the Revised Code.	107842

Section 371.10.30. MIDWEST HIGHER EDUCATION COMPACT

107843

The foregoing appropriation item 235408, Midwest Higher	107844
Education Compact, shall be distributed by the Chancellor of the	107845
Board of Regents under section 3333.40 of the Revised Code.	107846

Section 371.10.40. INFORMATION SYSTEM

107847

The foregoing appropriation item 235409, Information System,	107848
shall be used by the Chancellor of the Board of Regents to support	107849
the development and implementation of information technology	107850
solutions designed to improve the performance and services of the	107851
Chancellor of the Board of Regents and the University System of	107852
Ohio.	107853

Section 371.10.50. STATE GRANTS AND SCHOLARSHIP	107854
ADMINISTRATION	107855

The foregoing appropriation item 235414, State Grants and	107856
Scholarship Administration, shall be used by the Chancellor of the	107857
Board of Regents to administer the following student financial	107858
aid programs: Ohio College Opportunity Grant, Nonpublic Need-Based	107859
Financial Aid, Ohio War Orphans' Scholarship, Nurse Education	107860
Assistance Loan Program, Ohio Safety Officers College Memorial	107861
Fund, and any other student financial aid programs created by	107862
the General Assembly. The appropriation item also shall be used	107863
to administer the federal Leveraging Educational Assistance	107864
Partnership (LEAP) program, Special Leveraging Educational	107865
Assistance Partnership (SLEAP) program, the federal College	107866
Access Challenge Grant (CACG), and other student financial aid	107867
programs created by Congress and to provide fiscal services for	107868
the Ohio National Guard Scholarship Program.	107869

Section 371.10.60. JOBS CHALLENGE

107870

Except as provided in the sections of this act entitled	107871
"Statewide Workforce Development Initiatives" and "Fiscal Year	107872
2011 Plan for Adult Workforce Training Programs," funds	107873
appropriated to the foregoing appropriation item 235415, Jobs	107874
Challenge, shall be used by the Chancellor of the Board of Regents	107875
to support state-assisted community and technical colleges,	107876
regional campuses of state-assisted universities, and other	107877
organizationally distinct and identifiable member campuses of the	107878
Workforce training network in support of noncredit job-related	107879
training.	107880

Support may include the promotion and delivery of coordinated	107881
assessment and comprehensive training to local employers. The	107882
Chancellor shall develop a formula for the distribution of funds.	107883

Section 371.10.70. OHIO LEARNING NETWORK

107884

The foregoing appropriation item 235417, Ohio Learning	107885
Network, shall be used by the Chancellor of the Board of Regents	107886
to support the continued implementation of the Ohio Learning	107887
Network, a consortium organized under division (U) of section	107888
3333.04 of the Revised Code to expand access to adult and higher	107889
education opportunities through technology. The funds shall be	107890
used by the Ohio Learning Network to develop and promote learning	107891
and assessment through the use of technology, to test and provide	107892
advice on emerging learning-directed technologies, and to	107893
facilitate cost-effectiveness through shared educational	107894
technology investments.	107895

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

107896

The foregoing appropriation item 235428, Appalachian New	107897
Economy Partnership, shall be distributed to Ohio University to	107898
continue a multi-campus and multi-agency coordinated effort to	107899
link Appalachia to the new economy. Ohio University shall use	107900
these funds to provide leadership in the development and	107901
implementation of initiatives in the areas of entrepreneurship,	107902
management, education, and technology.	107903

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

107904

The foregoing appropriation item 235433, Economic Growth	107905
Challenge, shall be used for administrative expenses of the	107906
Research Incentive Program and other economic advancement	107907
initiatives undertaken by the Chancellor of the Board of Regents.	107908

The Chancellor of the Board of Regents shall use any	107909
appropriation transfer to the foregoing appropriation item 235433,	107910
Economic Growth Challenge, to enhance the basic research	107911
capabilities of public colleges and universities and accredited	107912
Ohio institutions of higher education holding certificates of	107913
authorization issued under section 1713.02 of the Revised Code, in	107914
order to strengthen academic research for pursuing Ohio's economic	107915
development goals. The Chancellor shall give priority	107916
consideration to projects that are eligible to receive federal	107917
stimulus funds.	107918

Section 371.20.06. COLLEGE READINESS AND ACCESS

107919

Of the foregoing appropriation item 235434, College Readiness	107920
and Access, $1,000,000 in each fiscal year shall be distributed	107921
to the Ohio College Access Network.	107922

Of the foregoing appropriation item 235434, College	107923
Readiness and Access, $600,000 in each fiscal year shall be	107924
distributed to the Ohio Appalachian Center for Higher Education	107925
at Shawnee State University. The board of directors of the Center	107926
shall consist of the presidents of Shawnee State University,	107927
Belmont Technical College, Hocking College, Jefferson Community	107928
College, Zane State College, Rio Grande Community College,	107929
Southern State Community College, and Washington State Community	107930
College; the President of Ohio University or a designee of the	107931
president; the dean of one of the Salem, Tuscarawas, and East	107932
Liverpool regional campuses of Kent State University, as	107933
designated by the President of Kent State University; and a	107934
representative of the Board of Regents designated by the	107935
Chancellor.	107936

Of the foregoing appropriation item 235434, College	107937
Readiness and Access, $140,000 in each fiscal year shall be	107938
distributed to Miami University for the Student Achievement in	107939
Research and Scholarship (STARS) Program.	107940

Of the foregoing appropriation item 235434, College	107941
Readiness and Access, $2,500,000 in each fiscal year shall be used	107942
to support the Early College High School Program. The funds shall	107943
be distributed according to guidelines established by the	107944
Department of Education and the Chancellor of the Board of	107945
Regents.	107946

Section 371.20.08. TEACHER IMPROVEMENT INITIATIVES

107947

The foregoing appropriation item 235435, Teacher Improvement	107948
Initiatives, shall be distributed to the Porter Center for	107949
Science and Mathematics in Lake County.	107950

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

107951

Of the foregoing appropriation item 235438, Choose Ohio First	107952
Scholarship, up to $3,000,000 in each fiscal year shall be used by	107953
the Chancellor of the Board of Regents to support the Ohio Woodrow	107954
Wilson STEM Teaching Fellows Program, a program designed to	107955
attract students with high potential and strong backgrounds in	107956
science, technology, engineering, mathematics, and medical	107957
disciplines to graduate programs specially designed for teacher	107958
preparation in those disciplines.	107959

The Chancellor shall establish a competitive process for	107960
making awards under the Ohio Woodrow Wilson STEM Teaching Fellows	107961
Program to Ohio institutions of higher education that develop,	107962
transform, and implement science, technology, engineering,	107963
mathematics, and medical teacher preparation programs.	107964
Institutions shall be chosen based on a determination that they	107965
have the leadership, commitment, and capacity to meet criteria as	107966
set forth in a request for proposals issued by the Chancellor. The	107967
request for proposals shall include criteria developed by the	107968
Woodrow Wilson Foundation and an advisory panel of experts in	107969
education and science, technology, engineering, mathematics, and	107970
medical disciplines. Awards made under the Ohio Woodrow Wilson	107971
STEM Teaching Fellows Program shall not be subject to sections	107972
3333.60 to 3333.70 of the Revised Code or any rule adopted	107973
pursuant to those sections.	107974

Of the foregoing appropriation item 235438, Choose Ohio	107975
First Scholarship, $125,000 in each fiscal year shall be used to	107976
support University Circle, Inc.	107977

The remainder of the foregoing appropriation item 235438,	107978
Choose Ohio First Scholarship, shall be used to operate the	107979
program prescribed in sections 3333.60 to 3333.70 of the Revised	107980
Code. Amounts disbursed to institutions shall be paid on a	107981
reimbursement basis.	107982

An amount equal to the unexpended, unencumbered portion of	107983
the foregoing appropriation item 235438, Choose Ohio First	107984
Scholarship, at the end of fiscal year 2010 is hereby	107985
reappropriated to the Board of Regents for the same purpose for	107986
fiscal year 2011.	107987

Section 371.20.20. CO-OP/INTERNSHIP PROGRAM

107988

(A) Except as otherwise provided in this section, the	107989
foregoing appropriation item, 235441, Co-op/Internship Program,	107990
shall be used by the Chancellor of the Board of Regents to	107991
operate the Co-op/Internship Program under sections 3333.71 to	107992
3333.80 of the Revised Code. Funding for eligible institutions	107993
shall be disbursed in accordance with the terms of the agreements	107994
entered into under section 3333.75 of the Revised Code.	107995

(B) Of the foregoing appropriation item 235441,	107996
Co-op/Internship Program, up to $250,000 in each fiscal year shall	107997
be used by the Chancellor of the Board of Regents to establish and	107998
administer a competition for the development of successful	107999
business plans for students enrolled at Ohio institutions of	108000
higher education. Winners of the competition shall receive an	108001
award of $50,000 for the development and submission of a business	108002
plan that leads to the establishment of a business in the State of	108003
Ohio. Prior to making awards, the Chancellor may convene a panel	108004
of experts to evaluate submitted business plans and make	108005
recommendations or the Chancellor may seek collaboration with the	108006
Department of Development in the administration of the	108007
competition. Awards shall not be distributed to a student until	108008
the student provides documentation to the Chancellor that a	108009
business has been established using the student's business plan.	108010
Documentation may include a certified copy of the articles of	108011
incorporation or other business filing with the Ohio Secretary of	108012
State. Awards made under this division are not subject to sections	108013
3333.71 to 3333.80 of the Revised Code or to any rule adopted	108014
pursuant to those sections.	108015

Any funds earmarked under this division that are unawarded or	108016
unencumbered at the end of fiscal year 2010 are hereby	108017
reappropriated for the same purpose in fiscal year 2011.	108018

(C) Of the foregoing appropriation item 235441,	108019
Co-op/Internship Program, up to $1,000,000 in each fiscal year may	108020
be used by the Chancellor of the Board of Regents to support	108021
programs at institutions of higher education that collaborate with	108022
and provide interns to businesses that have been in operation for	108023
not more than three years. The Chancellor shall establish a	108024
competitive process for making awards under this division.	108025
Institutions shall be chosen based on a determination that they	108026
have the leadership, commitment, and capacity to meet criteria as	108027
set forth in a request for proposals issued by the Chancellor.	108028
Prior to issuing a request for proposals and prior to making an	108029
award under this division, the Chancellor shall seek the advice of	108030
the Co-op/Internship Advisory Committee. An institution receiving	108031
an award under this division shall enter into an agreement with	108032
the Chancellor governing the use of the funds and setting forth	108033
reporting requirements. Awards made under this division are not	108034
subject to sections 3333.71 to 3333.80 of the Revised Code or to	108035
any rule adopted pursuant to those sections.	108036

(D) Of the foregoing appropriation item 235441,	108037
Co-op/Internship Program, $5,000,000 in each fiscal year shall be	108038
used for the grant program for employee training in the fields	108039
of biotechnology and bioscience or other field under section	108040
3333.91 of the Revised Code.	108041

(E) At the request of the Chancellor of the Board of Regents,	108042
the Director of Budget and Management may transfer any	108043
unexpended, unencumbered appropriation in fiscal year 2010 or	108044
fiscal year 2011 as well as any appropriation repaid by eligible	108045
institutions pursuant to the terms of the grant agreement from	108046
appropriation item 235441, Co-op/Internship Program, to	108047
appropriation item 235433, Economic Growth Challenge. Any	108048
appropriation so transferred shall be used to strengthen academic	108049
research for pursuing Ohio's economic development goals under the	108050
Section of this act entitled "Economic Growth Challenge".	108051

Section 371.20.30. ADULT BASIC AND LITERACY EDUCATION

108052

Except as provided in the Sections of this act entitled	108053
"Statewide Workforce Development Initiatives" and "Fiscal Year	108054
2011 Plan for Adult Workforce Training Programs", the foregoing	108055
appropriation item 235443, Adult Basic and Literacy Education -	108056
State, shall be used to support adult basic and literacy education	108057
instructional programs and for the operation of an adult basic and	108058
literacy education instructional grant program. The supported	108059
programs shall satisfy the state match and maintenance of effort	108060
requirements for the state-administered grant program.	108061

Of the foregoing appropriation item 235443, Adult Basic and	108062
Literacy Education - State, up to $507,558 in fiscal year 2010	108063
shall be used for the support and operation of the State Literacy	108064
Resource Center Program.	108065

Of the foregoing appropriation item 235443, Adult Basic and	108066
Literacy Education - State, $122,000 in each fiscal year shall be	108067
used to support initiatives for English as a Second Language	108068
programs. Funding shall be distributed as follows: $60,000 in	108069
each fiscal year for Jewish Community Federation of Cleveland,	108070
$25,000 in each fiscal year for Yassenoff Jewish Community Center	108071
of Columbus, $30,000 in each fiscal year for Jewish Family	108072
Services of Cincinnati, and $7,000 in each fiscal year for Jewish	108073
Family Services of Dayton.	108074

On or before August 31, 2009, the Chancellor of the Board of	108075
Regents shall submit a funding formula to the Controlling Board	108076
for the allocation of the foregoing appropriation item 235443,	108077
Adult Basic and Literacy Education - State, in fiscal year 2010.	108078

Section 371.20.40. POST-SECONDARY ADULT CAREER-TECHNICAL	108079
EDUCATION	108080

Except as provided in the Sections of this act entitled	108081
"Statewide Workforce Development Initiatives" and "Fiscal Year	108082
2011 Plan for Adult Workforce Training Programs", the foregoing	108083
appropriation item 235444, Post-Secondary Adult Career-Technical	108084
Education, shall be used by the Chancellor of the Board of Regents	108085
in each fiscal year to provide post-secondary adult	108086
career-technical education under sections 3313.52 and 3313.53 of	108087
the Revised Code.	108088

On or before August 31, 2009, the Chancellor of the Board of	108089
Regents shall submit a funding formula to the Controlling Board	108090
for the allocation of funds in fiscal year 2010.	108091

Section 371.20.50. STATEWIDE WORKFORCE DEVELOPMENT	108092
INITIATIVES	108093

The Chancellor may identify amounts of the foregoing	108094
appropriation items 235415, Jobs Challenge, 235443, Adult Basic	108095
and Literacy Education - State, and 235444, Post-Secondary Adult	108096
Career-Technical Education, to be used to support the Ohio Skills	108097
Bank Program and the Stackable Certificates Program. The Ohio	108098
Skills Bank Program seeks to align the education of Ohio's	108099
workforce with industry needs. The Stackable Certificates Program	108100
consists of competency-based, low-cost, noncredit and	108101
credit-bearing modules and courses in communications,	108102
mathematics, information technology, and other fields selected by	108103
the Chancellor. The program culminates in a certificate and	108104
provides recipients with a foundation for additional	108105
post-secondary education.	108106

Section 371.20.60. FISCAL YEAR 2011 PLAN FOR ADULT WORKFORCE	108107
TRAINING PROGRAMS	108108

Notwithstanding the Sections of this act entitled "Jobs	108109
Challenge," "Adult Basic and Literacy Education," and	108110
"Post-Secondary Adult Career-Technical Education," not later than	108111
June 1, 2010, the Chancellor of the Board of Regents shall submit	108112
for approval of the Controlling Board a plan for the integration	108113
of funding support for the state's adult workforce training and	108114
development programs, beginning in fiscal year 2011. Funding	108115
support in the plan shall include appropriation items 235415, Jobs	108116
Challenge, 235443, Adult Basic and Literacy Education - State, and	108117
235444, Post-Secondary Adult Career-Technical Education.	108118

The plan shall clearly define the formulas, or competitive	108119
process, to be used for funding the activities of adult basic and	108120
literacy education program providers, state literacy resource	108121
centers, post-secondary adult career-technical education	108122
providers, and community colleges. The plan may propose the	108123
creation of new appropriation items as necessary to support its	108124
implementation.	108125

Section 371.20.70. AREA HEALTH EDUCATION CENTERS

108126

The foregoing appropriation item 235474, Area Health	108127
Education Centers Program Support, shall be used by the Chancellor	108128
of the Board of Regents to support the medical school regional	108129
area health education centers' educational programs for the	108130
continued support of medical and other health professions	108131
education and for support of the Area Health Education Center	108132
Program.	108133

Of the foregoing appropriation item 235474, Area Health	108134
Education Centers Program Support, $200,000 in each fiscal year	108135
shall be disbursed to the Ohio University College of Osteopathic	108136
Medicine to operate a mobile health care unit to serve the	108137
southeastern area of the state.	108138

Section 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS

108139

On or before August 31, 2009, the Chancellor of the Board of	108140
Regents shall submit to the Controlling Board funding formulas for	108141
the allocation of the foregoing appropriation item 235501, State	108142
Share of Instruction, in each fiscal year. The funding formulas	108143
shall consider the September 2008 university and community college	108144
recommendations submitted to the fiscal year 2009 state share of	108145
instruction consultation, and shall include separate formulas for	108146
state-assisted university main campuses, regional campuses of	108147
state-assisted universities, and state-assisted community and	108148
technical colleges.	108149

The state share of instruction formula for state-assisted	108150
university main campuses shall support graduate and medical	108151
education, reward course and degree completion, and reward the	108152
achievement of mission-specific goals. The state share of	108153
instruction formula for regional campuses of the state-assisted	108154
universities shall reward course completion and the achievement of	108155
mission-specific goals. The state share of instruction formula for	108156
state-assisted community and technical colleges shall be based on	108157
enrollments, achievement of mission-specific goals, and measures	108158
of student success appropriate to institutional missions.	108159

Student-specific components of the formulas shall be weighted	108160
for at-risk students as measured using the student's eligibility	108161
for support from state need-based aid programs. The state share of	108162
instruction formulas shall include allocations of Success	108163
Challenge, Access Challenge, and any other tuition subsidy	108164
provided in Am. Sub. H.B. 119 of the 127th General Assembly. The	108165
state share of instruction funding formulas shall be designed to	108166
phase in components over time.	108167

Section 371.20.90. STATE SHARE OF INSTRUCTION FOR FISCAL	108168
YEARS 2010 AND 2011	108169

The boards of trustees of state-assisted institutions of	108170
higher education shall restrain increases in in-state	108171
undergraduate instructional and general fees. For the 2009-2010	108172
academic year, each state-assisted institution shall not increase	108173
its in-state undergraduate instructional and general fees over	108174
what the institution charged for the 2008-2009 academic year. For	108175
the 2010-2011 academic year, each state-assisted community	108176
college, state community college, technical college, and regional	108177
campus of a state-assisted university shall not increase its	108178
in-state undergraduate instructional and general fees over what	108179
the institution charged for the 2009-2010 academic year.	108180

These limitations shall not apply to increases required to	108181
comply with institutional covenants related to their obligations	108182
or to meet unfunded legal mandates or legally binding obligations	108183
incurred or commitments made prior to the effective date of this	108184
section with respect to which the institution had identified such	108185
fee increases as the source of funds. Any increase required by	108186
such covenants and any such mandates, obligations, or commitments	108187
shall be reported by the Chancellor of the Board of Regents to the	108188
Controlling Board. These limitations may also be modified by the	108189
Chancellor of the Board of Regents, with the approval of the	108190
Controlling Board, to respond to exceptional circumstances as	108191
identified by the Chancellor of the Board of Regents.	108192

Section 371.30.10. HIGHER EDUCATION - BOARD OF TRUSTEES

108193

(A) Funds appropriated for instructional subsidies at	108194
colleges and universities may be used to provide such branch or	108195
other off-campus undergraduate courses of study and such master's	108196
degree courses of study as may be approved by the Chancellor of	108197
the Board of Regents.	108198

(B) In providing instructional and other services to	108199
students, boards of trustees of state-assisted institutions of	108200
higher education shall supplement state subsidies with income from	108201
charges to students. Except as otherwise provided in this Section,	108202
each board shall establish the fees to be charged to all students,	108203
including an instructional fee for educational and associated	108204
operational support of the institution and a general fee for	108205
noninstructional services, including locally financed student	108206
services facilities used for the benefit of enrolled students. The	108207
instructional fee and the general fee shall encompass all charges	108208
for services assessed uniformly to all enrolled students. Each	108209
board may also establish special purpose fees, service charges,	108210
and fines as required; such special purpose fees and service	108211
charges shall be for services or benefits furnished individual	108212
students or specific categories of students and shall not be	108213
applied uniformly to all enrolled students. A tuition surcharge	108214
shall be paid by all students who are not residents of Ohio.	108215

The board of trustees of a state-assisted institution of	108216
higher education shall not authorize a waiver or nonpayment of	108217
instructional fees or general fees for any particular student or	108218
any class of students other than waivers specifically authorized	108219
by law or approved by the Chancellor. This prohibition is not	108220
intended to limit the authority of boards of trustees to provide	108221
for payments to students for services rendered the institution,	108222
nor to prohibit the budgeting of income for staff benefits or for	108223
student assistance in the form of payment of such instructional	108224
and general fees.	108225

Each state-assisted institution of higher education in its	108226
statement of charges to students shall separately identify the	108227
instructional fee, the general fee, the tuition charge, and the	108228
tuition surcharge. Fee charges to students for instruction shall	108229
not be considered to be a price of service but shall be considered	108230
to be an integral part of the state government financing program	108231
in support of higher educational opportunity for students.	108232

(C) Notwithstanding any provision of law to the contrary, if	108233
the Chancellor of the Board of Regents intends to work with a	108234
state-assisted institution of higher education to adjust the	108235
instructional and general fee amounts charged for an associate	108236
degree program at the institution for the 2009-2010 academic year	108237
or the 2010-2011 academic year, the Chancellor shall proceed as	108238
follows:	108239

(1) Notify the institution's board of trustees of the	108240
Chancellor's intent to work with the institution to adjust the	108241
instructional and general fee amounts charged for an associate	108242
degree program for the applicable academic year;	108243

(2) Request the board of trustees to do both of the	108244
following:	108245

(a) Provide access to data and to administrators and other	108246
employees of the institution, as specified by the Chancellor, for	108247
the purpose of analyzing the instructional and general fee	108248
amounts;	108249

(b) Prepare and submit to the Chancellor, within thirty days	108250
after the request, a report justifying the current instructional	108251
and general fee amounts or proposing an adjustment to those	108252
amounts.	108253

The board of trustees shall comply with each request of the	108254
Chancellor under division (C)(2) of this section.	108255

(3) Convene a meeting with the board of trustees to reach an	108256
agreement on adjusting the instructional and general fee amounts	108257
and on a plan to implement the adjustments. The Chancellor or the	108258
board of trustees may designate employees of the institution to	108259
participate in the meeting. If an agreement is reached, the board	108260
of trustees shall take action to implement the plan to adjust the	108261
fee amounts.	108262

(4) If no agreement is reached under division (C)(3) of this	108263
section, make a recommendation to the board of trustees for an	108264
adjustment to the instructional and general fee amounts. In making	108265
the recommendation, the Chancellor shall specify the actions that	108266
should be taken to make the adjustment viable and shall	108267
demonstrate that the adjustment will not adversely impact the	108268
financial or educational condition of the institution. The	108269
Chancellor shall not make a recommendation that, if implemented,	108270
would cause the composite result of the ratio analysis performed	108271
of the financial condition of the institution under paragraph	108272
(A)(4) of rule 126:3-1-01 of the Ohio Administrative Code to place	108273
the institution in fiscal watch under paragraph (B) of that rule.	108274
Not later than ten days after receipt of the Chancellor's	108275
recommendation, the board of trustees shall act either to adopt	108276
the recommendation or to reject the recommendation.	108277

(5) If the board of trustees rejects the recommendation made	108278
under division (C)(4) of this section, determine whether to submit	108279
the recommendation to the Controlling Board for approval. If the	108280
Chancellor elects to submit the recommendation to the Controlling	108281
Board and the Controlling Board approves the recommendation, the	108282
board of trustees shall implement the recommendation and shall	108283
adjust the instructional and general fee amounts accordingly.	108284

Unless a law enacted after the effective date of this section	108285
requires otherwise, any restriction on tuition increases for an	108286
associate degree program applicable to a state-assisted	108287
institution of higher education in fiscal year 2012 or fiscal year	108288
2013 shall be applied to the instructional and general fee amounts	108289
charged for the program immediately prior to any adjustment under	108290
division (C) of this section.	108291

(D) The boards of trustees of state-assisted institutions of	108292
higher education shall ensure that faculty members devote a proper	108293
and judicious part of their work week to the actual instruction of	108294
students. Total class credit hours of production per quarter per	108295
full-time faculty member is expected to meet the standards set	108296
forth in the budget data submitted by the Chancellor of the Board	108297
of Regents.	108298

(E) The authority of government vested by law in the boards	108299
of trustees of state-assisted institutions of higher education	108300
shall in fact be exercised by those boards. Boards of trustees may	108301
consult extensively with appropriate student and faculty groups.	108302
Administrative decisions about the utilization of available	108303
resources, about organizational structure, about disciplinary	108304
procedure, about the operation and staffing of all auxiliary	108305
facilities, and about administrative personnel shall be the	108306
exclusive prerogative of boards of trustees. Any delegation of	108307
authority by a board of trustees in other areas of responsibility	108308
shall be accompanied by appropriate standards of guidance	108309
concerning expected objectives in the exercise of such delegated	108310
authority and shall be accompanied by periodic review of the	108311
exercise of this delegated authority to the end that the public	108312
interest, in contrast to any institutional or special interest,	108313
shall be served.	108314

Section 371.30.20. STUDENT SUPPORT SERVICES

108315

The foregoing appropriation item 235502, Student Support	108316
Services, shall be distributed by the Chancellor of the Board of	108317
Regents to Ohio's state-assisted colleges and universities that	108318
incur disproportionate costs in the provision of support services	108319
to disabled students.	108320

Section 371.30.30. WAR ORPHANS SCHOLARSHIPS

108321

The foregoing appropriation item 235504, War Orphans	108322
Scholarships, shall be used to reimburse state-assisted	108323
institutions of higher education for waivers of instructional fees	108324
and general fees provided by them, to provide grants to	108325
institutions that have received a certificate of authorization	108326
from the Chancellor of the Board of Regents under Chapter 1713. of	108327
the Revised Code, in accordance with the provisions of section	108328
5910.04 of the Revised Code, and to fund additional scholarship	108329
benefits provided by section 5910.032 of the Revised Code.	108330

An amount equal to the unexpended, unencumbered portion of	108331
the foregoing appropriation item 235504, War Orphans Scholarships,	108332
at the end of fiscal year 2010 is hereby reappropriated to the	108333
Board of Regents for the same purpose for fiscal year 2011.	108334

Section 371.30.40. OHIOLINK

108335

The foregoing appropriation item 235507, OhioLINK, shall be	108336
used by the Chancellor of the Board of Regents to support	108337
OhioLINK, a consortium organized under division (U) of section	108338
3333.04 of the Revised Code to serve as the state's electronic	108339
library information and retrieval system, which provides access	108340
statewide to an extensive set of electronic databases and	108341
resources and the library holdings of Ohio's public and	108342
participating private nonprofit colleges and universities, and the	108343
State Library of Ohio.	108344

Section 371.30.50. AIR FORCE INSTITUTE OF TECHNOLOGY

108345

The foregoing appropriation item 235508, Air Force Institute	108346
of Technology, shall be used to strengthen the research and	108347
educational linkages between the Wright Patterson Air Force Base	108348
and institutions of higher education in Ohio. Of the foregoing	108349
appropriation item 235508, Air Force Institute of Technology,	108350
$1,227,106 in each fiscal year shall be used for research projects	108351
that connect the Air Force Research Laboratories with university	108352
partners. The institute shall provide annual reports to the Third	108353
Frontier Commission that discuss existing, planned, or possible	108354
collaborations between programs and funding recipients related to	108355
technology, research development, commercialization, and support	108356
for Ohio's economic development.	108357

Of the foregoing appropriation item 235508, Air Force	108358
Institute of Technology, $613,553 in each fiscal year shall be	108359
used to match federal dollars to support technology	108360
commercialization and job creation. The Development Research	108361
Corporation shall use the funds to create or expand Ohio-based	108362
technology and commercial development collaborations in areas that	108363
are a priority in Ohio's third frontier initiative between	108364
industry, academia, and government.	108365

Section 371.30.55. WOMEN IN TRANSITION

108366

The foregoing appropriation item 235509, Women in Transition,	108367
shall be used to support Women in Transition programs at Ohio	108368
institutions of higher education.	108369

Section 371.30.60. OHIO SUPERCOMPUTER CENTER

108370

The foregoing appropriation item 235510, Ohio Supercomputer	108371
Center, shall be used by the Chancellor of the Board of Regents to	108372
support the operation of the Ohio Supercomputer Center, a	108373
consortium organized under division (U) of section 3333.04 of the	108374
Revised Code, located at The Ohio State University. The Ohio	108375
Supercomputer Center is a statewide resource available to Ohio	108376
research universities both public and private. It is also intended	108377
that the center be made accessible to private industry as	108378
appropriate.	108379

Funds shall be used, in part, to support the Ohio	108380
Supercomputer Center's Computational Science Initiative, which	108381
includes its industrial outreach program, Blue Collar Computing,	108382
and its School of Computational Science. These collaborations	108383
between the Ohio Supercomputer Center and Ohio's colleges and	108384
universities shall be aimed at making Ohio a leader in using	108385
computer modeling to promote economic development.	108386

Section 371.30.70. COOPERATIVE EXTENSION SERVICE

108387

The foregoing appropriation item 235511, Cooperative	108388
Extension Service, shall be disbursed through the Chancellor of	108389
the Board of Regents to The Ohio State University in monthly	108390
payments, unless otherwise determined by the Director of Budget	108391
and Management under section 126.09 of the Revised Code.	108392

Section 371.30.80. OHIO UNIVERSITY VOINOVICH SCHOOL

108393

The foregoing appropriation item 235513, Ohio University	108394
Voinovich School, shall be used by the Chancellor of the Board of	108395
Regents to support the operations of Ohio University's Voinovich	108396
School.	108397

Section 371.30.90. CENTRAL STATE SUPPLEMENT

108398

The foregoing appropriation item 235514, Central State	108399
Supplement, shall be used by Central State University to keep	108400
undergraduate fees below the statewide average, consistent with	108401
its mission of service to many first-generation college students	108402
from groups historically underrepresented in higher education and	108403
from families with limited incomes.	108404

Section 371.40.10. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	108405
MEDICINE	108406

The foregoing appropriation item 235515, Case Western Reserve	108407
University School of Medicine, shall be disbursed to Case Western	108408
Reserve University through the Chancellor of the Board of Regents	108409
in accordance with agreements entered into under section 3333.10	108410
of the Revised Code, provided that the state support per	108411
full-time medical student shall not exceed that provided to	108412
full-time medical students at state universities.	108413

Section 371.40.20. FAMILY PRACTICE

108414

The Chancellor of the Board of Regents shall develop plans	108415
consistent with existing criteria and guidelines as may be	108416
required for the distribution of appropriation item 235519,	108417
Family Practice.	108418

Section 371.40.30. SHAWNEE STATE SUPPLEMENT

108419

The foregoing appropriation item 235520, Shawnee State	108420
Supplement, shall be used by Shawnee State University as detailed	108421
by both of the following:	108422

(A) To allow Shawnee State University to keep its	108423
undergraduate fees below the statewide average, consistent with	108424
its mission of service to an economically depressed Appalachian	108425
region;	108426

(B) To allow Shawnee State University to employ new faculty	108427
to develop and teach in new degree programs that meet the needs of	108428
Appalachians.	108429

Section 371.40.40. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS

108430

The foregoing appropriation item 235521, The Ohio State	108431
University John Glenn School of Public Affairs, shall be used by	108432
the Chancellor of the Board of Regents to support the operations	108433
of The Ohio State University's John Glenn School of Public	108434
Affairs.	108435

Section 371.40.50. POLICE AND FIRE PROTECTION

108436

The foregoing appropriation item 235524, Police and Fire	108437
Protection, shall be used for police and fire services in the	108438
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	108439
Portsmouth, Xenia Township (Greene County), Rootstown Township,	108440
and the City of Nelsonville that may be used to assist these local	108441
governments in providing police and fire protection for the	108442
central campus of the state-affiliated university located therein.	108443

Section 371.40.60. GERIATRIC MEDICINE

108444

The Chancellor of the Board of Regents shall develop plans	108445
consistent with existing criteria and guidelines as may be	108446
required for the distribution of appropriation item 235525,	108447
Geriatric Medicine.	108448

Section 371.40.70. PRIMARY CARE RESIDENCIES

108449

The Chancellor of the Board of Regents shall develop plans	108450
consistent with existing criteria and guidelines as may be	108451
required for the distribution of appropriation item 235526,	108452
Primary Care Residencies.	108453

The foregoing appropriation item 235526, Primary Care	108454
Residencies, shall be distributed in each fiscal year of the	108455
biennium, based on whether or not the institution has submitted	108456
and gained approval for a plan. If the institution does not have	108457
an approved plan, it shall receive five per cent less funding per	108458
student than it would have received from its annual allocation.	108459
The remaining funding shall be distributed among those	108460
institutions that meet or exceed their targets.	108461

Section 371.40.75. OHIO AEROSPACE INSTITUTE

108462

The foregoing appropriation item 235527, Ohio Aerospace	108463
Institute, shall be distributed by the Chancellor of the Board of	108464
Regents under section 3333.042 of the Revised Code.	108465

The Board of Regents, in consultation with the Third Frontier	108466
Commission, shall develop a plan for providing for appropriate,	108467
value-added participation of the Ohio Aerospace Institute in Third	108468
Frontier Project proposals and grants.	108469

Section 371.40.80. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	108470
CENTER	108471

The foregoing appropriation item 235535, Ohio Agricultural	108472
Research and Development Center, shall be disbursed through the	108473
Chancellor of the Board of Regents to The Ohio State University in	108474
monthly payments, unless otherwise determined by the Director of	108475
Budget and Management under section 126.09 of the Revised Code.	108476
The Ohio Agricultural Research and Development Center shall not	108477
be required to remit payment to The Ohio State University during	108478
the biennium ending June 30, 2011, for cost reallocation	108479
assessments. The cost reallocation assessments include, but are	108480
not limited to, any assessment on state appropriations to the	108481
Center.	108482

The Ohio Agricultural Research and Development Center, an	108483
entity of the College of Food, Agricultural, and Environmental	108484
Sciences of The Ohio State University, shall further its mission	108485
of enhancing Ohio's economic development and job creation by	108486
continuing to internally allocate on a competitive basis	108487
appropriated funding of programs based on demonstrated	108488
performance. Academic units, faculty, and faculty-driven programs	108489
shall be evaluated and rewarded consistent with agreed-upon	108490
performance expectations as called for in the College's	108491
Expectations and Criteria for Performance Assessment.	108492

Section 371.40.90. STATE UNIVERSITY CLINICAL TEACHING

108493

The foregoing appropriation items 235536, The Ohio State	108494
University Clinical Teaching; 235537, University of Cincinnati	108495
Clinical Teaching; 235538, University of Toledo Clinical	108496
Teaching; 235539, Wright State University Clinical Teaching;	108497
235540, Ohio University Clinical Teaching; and 235541,	108498
Northeastern Ohio Universities College of Medicine Clinical	108499
Teaching, shall be distributed through the Chancellor of the Board	108500
of Regents.	108501

Section 371.50.10. CAPITAL COMPONENT

108502

The foregoing appropriation item 235552, Capital Component,	108503
shall be used by the Chancellor of the Board of Regents to	108504
implement the capital funding policy for state-assisted colleges	108505
and universities established in Am. H.B. 748 of the 121st General	108506
Assembly. Appropriations from this item shall be distributed to	108507
all campuses for which the estimated campus debt service	108508
attributable to new qualifying capital projects is less than the	108509
campus's formula-determined capital component allocation. Campus	108510
allocations shall be determined by subtracting the estimated	108511
campus debt service attributable to new qualifying capital	108512
projects from the campus's formula-determined capital component	108513
allocation. Moneys distributed from this appropriation item shall	108514
be restricted to capital-related purposes.	108515

Any campus for which the estimated campus debt service	108516
attributable to qualifying capital projects is greater than the	108517
campus's formula-determined capital component allocation shall	108518
have the difference subtracted from its State Share of Instruction	108519
allocation in each fiscal year. Appropriation equal to the sum of	108520
all such amounts except that of the Ohio Agricultural Research and	108521
Development Center shall be transferred from appropriation item	108522
235501, State Share of Instruction, to appropriation item 235552,	108523
Capital Component. Appropriation equal to any estimated Ohio	108524
Agricultural Research and Development Center debt service	108525
attributable to qualifying capital projects that is greater than	108526
the Center's formula-determined capital component allocation shall	108527
be transferred from appropriation item 235535, Ohio Agricultural	108528
Research and Development Center, to appropriation item 235552,	108529
Capital Component.	108530

Section 371.50.15. DAYTON AREA GRADUATE STUDIES INSTITUTE

108531

The foregoing appropriation item 235553, Dayton Area Graduate	108532
Studies Institute, shall be used by the Board of Regents to	108533
support the Dayton Area Graduate Studies Institute, an engineering	108534
graduate consortium of three universities in the Dayton area:	108535
Wright State University, the University of Dayton, and the Air	108536
Force Institute of Technology, with the participation of the	108537
University of Cincinnati and The Ohio State University.	108538

Section 371.50.20. LIBRARY DEPOSITORIES

108539

The foregoing appropriation item, 235555, Library	108540
Depositories, shall be distributed to the state's five regional	108541
depository libraries for the cost-effective storage of and access	108542
to lesser-used materials in university library collections. The	108543
depositories shall be administrated by the Chancellor of the Board	108544
of Regents.	108545

Section 371.50.30. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

108546

The foregoing appropriation item 235556, Ohio Academic	108547
Resources Network, shall be used by the Chancellor of the Board of	108548
Regents to support the operations of the Ohio Academic Resources	108549
Network, a consortium organized under division (U) of section	108550
3333.04 of the Revised Code, which shall include support for	108551
Ohio's colleges and universities in maintaining and enhancing	108552
network connections, using new network technologies to improve	108553
research, education, and economic development programs, and	108554
sharing information technology services. The network shall give	108555
priority to supporting the Third Frontier Network and allocating	108556
bandwidth to programs directly supporting Ohio's economic	108557
development.	108558

Section 371.50.40. LONG-TERM CARE RESEARCH

108559

The foregoing appropriation item 235558, Long-term Care	108560
Research, shall be disbursed to Miami University for long-term	108561
care research.	108562

Section 371.50.50. OHIO COLLEGE OPPORTUNITY GRANT

108563

The foregoing appropriation item 235563, Ohio College	108564
Opportunity Grant, shall be used by the Chancellor of the Board of	108565
Regents to award needs-based financial aid to students enrolled in	108566
eligible public institutions of higher education, excluding early	108567
college high school and post-secondary enrollment option	108568
participants.	108569

An amount equal to the unexpended, unencumbered portion of	108570
the foregoing appropriation item 235563, Ohio College Opportunity	108571
Grant, at the end of fiscal year 2010 is hereby reappropriated to	108572
the Board of Regents for the same purpose for fiscal year 2011.	108573

On or before August 31, 2009, the Chancellor of the Board of	108574
Regents shall submit funding formulas to the Controlling Board for	108575
the 2009-2010 academic year and allocations of Ohio College	108576
Opportunity Grant awards not already specified in section	108577
3333.122 of the Revised Code.	108578

Section 371.50.60. CENTRAL STATE UNIVERSITY SPEED TO SCALE

108579

The foregoing appropriation 235567, Central State University	108580
Speed to Scale, shall be used to achieve the goals of the Speed to	108581
Scale Plan, which include increasing student enrollment through	108582
freshman recruitment and transferred students, increasing the	108583
proportion of in-state students to 80 per cent of the total	108584
student population, and increasing the student retention rates	108585
between the first and second year of college by two per cent each	108586
year. The goals shall be accomplished by the targeting of student	108587
retention, improved articulation agreements with two-year	108588
campuses, increased use of alternative course options, including	108589
online coursework and Ohio Learning Network resources, College	108590
Tech Prep, Post Secondary Enrollment Options, and other	108591
dual-credit programs, and strategic partnerships with research	108592
institutions to improve the quality of Central State University's	108593
offering of science, technology, engineering, mathematics, and	108594
medical instruction. In fiscal year 2010, the disbursement of	108595
these funds shall be contingent upon Central State University	108596
meeting the annual goals for the student enrollment and retention	108597
rate increases.	108598

The Speed to Scale Task Force shall meet not less than	108599
quarterly to discuss progress of the plan, including performance	108600
on accountability metrics and issues experienced in planned	108601
efforts, and to monitor and support the creation of partnerships	108602
with other state institutions of higher education. The Task Force	108603
shall consist of the president of Central State University or the	108604
president's designee, the president of Sinclair Community College	108605
or the president's designee, the president of Cincinnati State	108606
Technical and Community College or the president's designee, the	108607
president of Cuyahoga Community College or the president's	108608
designee, the president of The Ohio State University or the	108609
president's designee, the president of the University of	108610
Cincinnati or the president's designee, the president of Wright	108611
State University or the president's designee, one representative	108612
from the Board of Regents, one member of the House of	108613
Representatives appointed by the Speaker of the House of	108614
Representatives, one member of the Senate appointed by the	108615
President of the Senate, the Director of Budget and Management or	108616
the director's designee, and a representative of the Governor's	108617
Office appointed by the Governor.	108618

On the thirtieth day of June of each fiscal year, Central	108619
State University and the Speed to Scale Task Force shall jointly	108620
submit to the Governor, the Director of Budget and Management, the	108621
Speaker of the House of Representatives, the President of the	108622
Senate, and the Board of Regents a report describing the status of	108623
their progress on the accountability metrics included in the Speed	108624
to Scale Plan.	108625

Section 371.50.70. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

108626

The foregoing appropriation item 235572, The Ohio State	108627
University Clinic Support, shall be distributed through the	108628
Chancellor of the Board of Regents to The Ohio State University	108629
for support of dental and veterinary medicine clinics.	108630

Section 371.50.80. NONPUBLIC NEED-BASED FINANCIAL AID

108631

The foregoing appropriation item 235576, Nonpublic Need-Based	108632
Financial Aid, shall be used to support need-based financial aid	108633
block grants under division (D) of section 3333.122 of the Revised	108634
Code.	108635

Of the foregoing appropriation item 235576, Nonpublic	108636
Need-Based Financial Aid, $60,000,000 in each fiscal year shall be	108637
used to support the block grant for private, nonprofit	108638
institutions of higher education.	108639

Of the foregoing appropriation item 235576, Nonpublic	108640
Need-Based Financial Aid, $10,000,000 in each fiscal year shall be	108641
used to support the block grant for proprietary post-secondary	108642
institutions of higher education.	108643

Section 371.50.82. ALLOCATION OF NEED-BASED BLOCK GRANT FOR	108644
NONPROFIT PRIVATE INSTITUTIONS	108645

(A) As used in this section:

108646

(1) "Eligible institution" means a nonprofit private	108647
institution in this state that holds a certificate of	108648
authorization pursuant to Chapter 1713. of the Revised Code to	108649
award degrees at the associate degree or higher.	108650

(2) "First-year student" means an undergraduate student who	108651
has earned not more than 29 semester hour credits or 44 quarter	108652
hour credits.	108653

(3) "Sophomore" means an undergraduate student who, at an	108654
institution authorized to award bachelor's degrees or higher, has	108655
earned between 30 and 59 semester hour credits or 45 to 89 quarter	108656
hour credits or who, at an institution authorized to issue	108657
associate degrees only, has earned 30 or more semester hour	108658
credits or 45 or more quarter hour credits.	108659

(4) "Junior" means an undergraduate who, at an institution	108660
authorized to award bachelor's degrees or higher, has earned	108661
between 60 and 89 semester hour credits or between 90 and 134	108662
quarter hour credits.	108663

(5) "Senior" means an undergraduate student who, at an	108664
institution authorized to award bachelor's degrees or higher, has	108665
earned 90 or more semester hour credits or 135 or more quarter	108666
hour credits.	108667

(6) "Pell-eligible student" means a full-time equivalent	108668
undergraduate Ohio resident enrolled in an eligible institution	108669
and who is eligible for a Pell grant under 20 U.S.C. 1070a.	108670

(B) The Chancellor of the Ohio Board of Regents shall	108671
allocate funds for the Private Higher Education Financial Aid	108672
Needs-Based Block Grant under division (C) of section 3333.122 of	108673
the Revised Code to eligible institutions in the amounts	108674
calculated as follows:	108675

(1) For fiscal year 2010, each eligible institution shall	108676
receive 90% of the amounts the eligible institution received in	108677
fiscal year 2008 under the Ohio Instructional Grant and Ohio	108678
College Opportunity Grant programs, under sections 3333.12 and	108679
3333.122 of the Revised Code, respectively, plus a percentage of	108680
the remaining appropriation for the Private Higher Education	108681
Needs-Based Financial Aid Block Grant, if any, equal to the	108682
percentage that the weighted Pell-eligible students enrolled at	108683
the institution in academic year 2008-2009 represents of the total	108684
number of weighted Pell-eligible students attending all eligible	108685
institutions that academic year. Weights shall be determined as	108686
provided in division (C)(1) of this section.	108687

(2) In fiscal year 2011, each eligible institution shall be	108688
allocated a percentage of the appropriation for the Private Higher	108689
Education Needs-Based Financial Aid Block Grant equal to the	108690
percentage that the weighted Pell-eligible students enrolled at	108691
the eligible institution in academic year 2009-2010 represents of	108692
the total number of weighted Pell-eligible students enrolled in	108693
all eligible institutions in that academic year. Weights shall be	108694
determined as provided in division (C) of this section.	108695

(C) For purposes of division (B) of this section, students	108696
shall be weighted by grade level as follows:	108697

(1) 1.0 for full-time equivalent enrollment of first-year	108698
students;	108699

(2) 1.1 for full-time equivalent enrollment of sophomores;

108700

(3) 1.2 for full-time equivalent enrollment of juniors;

108701

(4) 1.3 for full-time equivalent enrollment of seniors.

108702

(D) Each eligible institution shall report the number and	108703
level of students enrolled at the institution that are	108704
Pell-eligible for the academic year prior to the fiscal year of	108705
block grant funding. For any institution not reporting the number	108706
and level of Pell-eligible students in a timely manner, the	108707
Chancellor shall instead use in the distribution formula such	108708
institution's total number of state need-based aid eligible	108709
students for the academic year two years prior to the fiscal year	108710
of block grant funding. In such cases, all numbers shall be	108711
weighted by a factor of 1.00.	108712

Section 371.50.83. BLISS INSTITUTE

108713

The foregoing appropriation item 235579, Bliss Institute,	108714
shall be used to support the Bliss Institute of Applied Politics	108715
at the University of Akron.	108716

Section 371.50.84. ENTREPRENEURSHIP EDUCATION PROGRAM

108717

The foregoing appropriation item 235580, Entrepreneurship	108718
Education Program, shall be used to develop an entrepreneurship	108719
education program at North Central State College. The program	108720
shall serve as a source of entrepreneurial learning practices and	108721
innovation across the North Central State College curriculum and	108722
in Mansfield. The program may include collaboration and	108723
partnerships with local businesses and government entities.	108724

Section 371.50.85. URBAN UNIVERSITY PROGRAM

108725

Universities receiving funds from the foregoing appropriation	108726
item 235583, Urban University Program, that are used to support an	108727
ongoing university unit shall certify periodically in a manner	108728
approved by the Board of Regents that program funds are being	108729
matched on a one-to-one basis with equivalent resources. Overhead	108730
support may not be used to meet this requirement. If Urban	108731
University Program funds are being used to support an ongoing	108732
university unit, matching funds shall come from continuing rather	108733
than one-time sources. At each participating state-assisted	108734
institution of higher education, matching funds shall be within	108735
the substantial control of the individual designated by the	108736
institution's president as the Urban University Program	108737
Representative.	108738

Of the foregoing appropriation item 235583, Urban University	108739
Program, $71,618 in each fiscal year shall be used to support the	108740
Center for the Interdisciplinary Study of Education and the Urban	108741
Child at Cleveland State University. These funds shall be	108742
distributed according to rules adopted by the Board of Regents and	108743
shall be used by the center. The center shall target funds toward	108744
increasing the chance for lifetime success of the urban child,	108745
including interventions beginning with the prenatal period. The	108746
primary purpose of the center is to study issues in urban	108747
education and to systematically map directions for new approaches	108748
and new solutions by bringing together a cadre of researchers,	108749
scholars, and professionals representing the social, behavioral,	108750
educational, and health disciplines.	108751

Of the foregoing appropriation item 235583, Urban University	108752
Program, $875,586 in each fiscal year shall be distributed by the	108753
Board of Regents to Cleveland State University in support of the	108754
Maxine Goodman Levin College of Urban Affairs.	108755

Of the foregoing appropriation item 235583, Urban University	108756
Program, $875,586 in each fiscal year shall be distributed to the	108757
Northeast Ohio Research Consortium, the Urban Linkages Program,	108758
and the Urban Research Technical Assistance Grant Program. The	108759
distribution among the three programs shall be determined by the	108760
chairperson of the Urban University Program.	108761

Of the foregoing appropriation item 235583, Urban University	108762
Program, $151,194 in each fiscal year shall be used to support a	108763
public communication outreach program (WCPN). The primary purpose	108764
of the program shall be to develop a relationship between	108765
Cleveland State University and nonprofit communications entities.	108766

Of the foregoing appropriation item 235583, Urban University	108767
Program, $169,310 in each fiscal year shall be used to support the	108768
Kent State University Learning and Technology Project. This	108769
project is a kindergarten through university collaboration between	108770
schools surrounding Kent State University's eight campuses in	108771
northeast Ohio and corporate partners who assist in development	108772
and delivery.	108773

The Kent State University Learning and Technology Project	108774
shall provide a faculty member who has a full-time role in the	108775
development of collaborative activities and teacher instructional	108776
programming between Kent State University and the K-12th grade	108777
schools that surround its eight campuses; appropriate student	108778
support staff to facilitate these programs and joint activities;	108779
and hardware and software to schools that will make possible the	108780
delivery of instruction to pre-service and in-service teachers,	108781
and their students, in their own classrooms or school buildings.	108782
The latter shall involve the delivery of low-bandwidth streaming	108783
video and web-based technologies in a distributed instructional	108784
model.	108785

Of the foregoing appropriation item 235583, Urban University	108786
Program, $65,119 in each fiscal year shall be used to support the	108787
Ameritech Classroom/Center for Research at Kent State University.	108788

Of the foregoing appropriation item 235583, Urban University	108789
Program, $442,087 in each fiscal year shall be used to support the	108790
Polymer Distance Learning Project at the University of Akron.	108791

Of the foregoing appropriation item 235583, Urban University	108792
Program, $19,894 in each fiscal year shall be distributed to the	108793
Kent State University/Cleveland Design Center Program.	108794

Of the foregoing appropriation item 235583, Urban University	108795
Program, $6,630 in each fiscal year shall be used for the	108796
Advancing-Up Program at the University of Akron.	108797

Of the foregoing appropriation item 235583, Urban University	108798
Program, $85,404 in each fiscal year shall be used to support the	108799
Strategic Economic Research Collaborative at the University of	108800
Toledo Urban Affairs Center.	108801

Of the foregoing appropriation item 235583, Urban University	108802
Program, $100,679 in each fiscal year shall be used to support the	108803
Institute for Collaborative Research and Public Humanities at The	108804
Ohio State University.	108805

Of the foregoing appropriation item 235583, Urban University	108806
Program, $259,900 in each fiscal year shall be used to support the	108807
Medina County University Center.	108808

Of the foregoing appropriation item 235583, Urban University	108809
Program, $91,650 in each fiscal year shall be used to support The	108810
Ohio State University African American and African Studies	108811
Community Extension Center.	108812

Of the foregoing appropriation item 235583, Urban University	108813
Program, $122,200 in each fiscal year shall be used to support the	108814
Cleveland Institute of Art.	108815

Section 371.50.86. RURAL UNIVERSITY PROJECTS

108816

Of the foregoing appropriation item 235587, Rural University	108817
Projects, Bowling Green State University shall receive $161,171 in	108818
each fiscal year, Miami University shall receive $149,891 in each	108819
fiscal year, and Ohio University shall receive $351,334 in each	108820
fiscal year. These funds shall be used to support the Institute	108821
for Local Government Administration and Rural Development at Ohio	108822
University, the Center for Public Management and Regional Affairs	108823
at Miami University, and the Center for Regional Development at	108824
Bowling Green State University.	108825

Of the foregoing appropriation item 235587, Rural University	108826
Projects, $9,741 in each fiscal year shall be used to support the	108827
Washington State Community College day care center.	108828

Of the foregoing appropriation item 235587, Rural University	108829
Projects, $36,556 in each fiscal year shall be used to support the	108830
COAD/ILGARD/GOA Appalachian Leadership Initiative.	108831

Section 371.50.90. HAZARDOUS MATERIALS PROGRAM

108832

The foregoing appropriation item 235596, Hazardous Materials	108833
Program, shall be used by the Chancellor of the Board of Regents	108834
to make awards for the establishment or continued development and	108835
support of hazardous materials education, studies, or programs at	108836
Ohio institutions of higher education.	108837

Of the foregoing appropriation item 235596, Hazardous	108838
Materials Program, $115,000 in each fiscal year shall be used to	108839
support the Center for the Interdisciplinary Study of Education	108840
and Leadership in Public Service at Cleveland State University	108841
which was created with the cooperation of the Ohio Professional	108842
Fire Fighters Association. These funds shall be distributed by the	108843
Chancellor of the Board of Regents and shall be used by the	108844
center and targeted toward increasing the role of special	108845
populations in public service and not-for-profit organizations.	108846
The primary purpose of the center is to study issues in public	108847
service and to guide strategies for attracting new communities	108848
into public service occupations by bringing together a cadre of	108849
researchers, scholars, and professionals representing the public	108850
administration, social behavioral, and education disciplines.	108851

Section 371.60.10. NATIONAL GUARD SCHOLARSHIP PROGRAM

108852

The Chancellor of the Board of Regents shall disburse funds	108853
from appropriation item 235599, National Guard Scholarship	108854
Program, at the direction of the Adjutant General. During each	108855
fiscal year, the Chancellor of the Board of Regents, within ten	108856
days of cancellation, may certify to the Director of Budget and	108857
Management the amount of canceled prior-year encumbrances in	108858
appropriation item 235599, National Guard Scholarship Program.	108859
Upon receipt of the certification, the Director of Budget and	108860
Management may transfer cash in an amount up to the amount	108861
certified from the General Revenue Fund to the National Guard	108862
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	108863
Adjutant General, the Chancellor of the Board of Regents shall	108864
seek Controlling Board approval to authorize additional	108865
expenditures for appropriation item 235623, National Guard	108866
Scholarship Reserve Fund. Upon approval of the Controlling Board,	108867
the additional amounts are hereby appropriated. The Chancellor of	108868
the Board of Regents shall disburse funds from appropriation	108869
item 235623, National Guard Scholarship Reserve Fund, at the	108870
direction of the Adjutant General.	108871

Section 371.60.20. PLEDGE OF FEES

108872

Any new pledge of fees, or new agreement for adjustment of	108873
fees, made in the biennium ending June 30, 2011, to secure bonds	108874
or notes of a state-assisted institution of higher education for a	108875
project for which bonds or notes were not outstanding on the	108876
effective date of this section shall be effective only after	108877
approval by the Chancellor of the Board of Regents, unless	108878
approved in a previous biennium.	108879

Section 371.60.30. HIGHER EDUCATION GENERAL OBLIGATION DEBT	108880
SERVICE	108881

The foregoing appropriation item 235909, Higher Education	108882
General Obligation Debt Service, shall be used to pay all debt	108883
service and related financing costs at the times they are required	108884
to be made for obligations issued during the period from July 1,	108885
2009, to June 30, 2011, under sections 151.01 and 151.04 of the	108886
Revised Code.	108887

Section 371.60.40. SALES AND SERVICES

108888

The Chancellor of the Board of Regents is authorized to	108889
charge and accept payment for the provision of goods and	108890
services. Such charges shall be reasonably related to the cost of	108891
producing the goods and services. No charges may be levied for	108892
goods or services that are produced as part of the routine	108893
responsibilities or duties of the Chancellor. All revenues	108894
received by the Chancellor of the Board of Regents shall be	108895
deposited into Fund 4560, and may be used by the Chancellor of the	108896
Board of Regents to pay for the costs of producing the goods and	108897
services.	108898

Section 371.60.50. HIGHER EDUCATIONAL FACILITY COMMISSION	108899
ADMINISTRATION	108900

The foregoing appropriation item 235602, Higher Educational	108901
Facility Commission Administration, shall be used by the	108902
Chancellor of the Board of Regents for operating expenses related	108903
to the Chancellor of the Board of Regents' support of the	108904
activities of the Ohio Higher Educational Facility Commission.	108905
Upon the request of the Chancellor, the Director of Budget and	108906
Management shall transfer up to $45,000 cash in fiscal year 2010	108907
and up to $45,000 cash in fiscal year 2011 from the HEFC Operating	108908
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	108909
4E80).	108910

Section 371.60.60. NURSING LOAN PROGRAM

108911

The foregoing appropriation item 235606, Nursing Loan	108912
Program, shall be used to administer the nurse education	108913
assistance program. Up to $167,580 in each fiscal year may be used	108914
for operating expenses associated with the program. Any additional	108915
funds needed for the administration of the program are subject to	108916
Controlling Board approval.	108917

Section 371.60.70. VETERANS PREFERENCES

108918

The Chancellor of the Board of Regents shall work with the	108919
Department of Veterans Services to develop specific veterans	108920
preference guidelines for higher education institutions. These	108921
guidelines shall ensure that the institutions' hiring practices	108922
are in accordance with the intent of Ohio's veterans preference	108923
laws.	108924

Section 371.60.80. STATE NEED-BASED FINANCIAL AID	108925
RECONCILIATION	108926

By the first day of August in each fiscal year, or as soon as	108927
possible thereafter, the Chancellor of the Ohio Board of Regents	108928
shall certify to the Director of Budget and Management the amount	108929
necessary to pay any outstanding prior year obligations to higher	108930
education institutions for the state's need-based financial aid	108931
programs. The amounts certified are hereby appropriated to	108932
appropriation item 235618, State Need-based Financial Aid	108933
Reconciliation, from revenues received in the State Need-based	108934
Financial Aid Reconciliation Fund (Fund 5Y50).	108935

Section 371.60.90. TRANSFERS TO STATE NEED-BASED FINANCIAL	108936
AID PROGRAMS	108937

In each fiscal year of the biennium, if the Chancellor of the	108938
Board of Regents determines that additional funds are needed to	108939
support the distribution of state need-based financial aid in	108940
accordance with section 3333.122 of the Revised Code, the	108941
Chancellor shall recommend the reallocation of the unexpended,	108942
unencumbered portions of General Revenue Fund appropriation items	108943
in the Board of Regents to appropriation item 235563, Ohio	108944
College Opportunity Grant. If the Director of Budget and	108945
Management determines that such a reallocation is required, the	108946
Director may transfer appropriation in an amount not to exceed	108947
those unexpended, unencumbered General Revenue Fund appropriations	108948
in the Board of Regents as necessary to appropriation item	108949
235563, Ohio College Opportunity Grant.	108950

If those transferred appropriations are not sufficient to	108951
support the distribution of state need-based financial aid in	108952
accordance with section 3333.122 of the Revised Code in each	108953
fiscal year, the Director of Budget and Management may authorize	108954
expenditures in excess of the amounts appropriated, but not to	108955
exceed $5,000,000 in each fiscal year from appropriation item	108956
235563, Ohio College Opportunity Grant. Upon approval of the	108957
Director of Budget and Management, the additional amounts are	108958
hereby appropriated.	108959

Section 371.60.93. GENERAL REVENUE FUND TRANSFER

108960

On July 1 of each fiscal year, or as soon as possible	108961
thereafter, the Director of Budget and Management shall transfer	108962
$2,000,000 cash from the General Revenue Fund to the Third	108963
Frontier Research and Development Fund (Fund 7011).	108964

Section 371.60.95. TRANSFER AND ADJUSTMENT OF ARRA STATE	108965
FISCAL STABILIZATION FUND APPROPRIATIONS	108966

The Director of Budget and Management may transfer	108967
appropriation between appropriation items 200550, Foundation	108968
Funding, and 200551, Foundation Funding – Federal Stimulus, in	108969
each fiscal year, upon the written request of the Superintendent	108970
of Public Instruction, including transferring appropriation	108971
between fiscal year 2010 and fiscal year 2011. The Director shall	108972
report each transfer made under this section to the Controlling	108973
Board at its next regularly scheduled meeting after the transfer	108974
is made.	108975

Section 371.70.10. EFFICIENCY SAVINGS

108976

Each state-assisted institution of higher education, as	108977
defined in section 3345.011 of the Revised Code, shall demonstrate	108978
at least a three per cent savings through internal efficiencies in	108979
each fiscal year. Institutions shall identify savings to the	108980
Chancellor of the Board of Regents, who shall certify the amount	108981
of savings of each institution.	108982

Section 371.70.20. OHIO TUITION TRUST AUTHORITY BECOMES	108983
ADVISORY BOARD TO CHANCELLOR	108984

(A) On and after the effective date of this section:

108985

(1) The Ohio Tuition Trust Authority, as established by	108986
former section 3334.03 of the Revised Code, shall become the Ohio	108987
Tuition Trust Advisory Board charged with the duty to advise the	108988
Chancellor of the Ohio Board of Regents in carrying out the	108989
Chancellor's duties.	108990

(2) The Chancellor of the Ohio Board of Regents shall have	108991
the powers and duties formerly prescribed to and duties of the	108992
Ohio Tuition Trust Authority and any other powers and duties	108993
granted to the Chancellor by law enacted after the effective date	108994
of this section.	108995

(3) The Chancellor is thereupon and thereafter successor to,	108996
assumes obligations of, and otherwise constitutes the continuation	108997
of the Ohio Tuition Trust Authority.	108998

(4) Any business commenced but not completed by the Ohio	108999
Tuition Trust Authority shall be completed by the Chancellor in	109000
the same manner, with the same effect, as if completed by the	109001
Authority. No validation, cure, right, privilege, remedy,	109002
obligation, or liability is lost or impaired by reason of the	109003
change in powers and duties prescribed in the provisions amended	109004
and enacted by this act.	109005

(5) All rules of the Ohio Tuition Trust Authority continue in	109006
effect as rules of the Chancellor, until amended or rescinded by	109007
the Chancellor.	109008

(6) Except as otherwise specified in section 3334.031 of the	109009
Revised Code or another provision of law enacted after the	109010
effective date of this section, when the Ohio Tuition Trust	109011
Authority is referred to in any statute, rule, contract, grant, or	109012
other document, the reference shall be construed to refer to the	109013
Chancellor.	109014

(B) No judicial or administrative action or proceeding in	109015
which the Ohio Tuition Trust Authority is a party that is pending	109016
on the effective date of this section, is affected by the change	109017
in powers and duties prescribed in the provisions amended and	109018
enacted by this act. Such action or proceeding shall be prosecuted	109019
or defended in the name of the Chancellor. On application to the	109020
court or other tribunal, the Chancellor shall be substituted for	109021
the Ohio Tuition Trust Authority as a party to such action or	109022
proceeding.	109023

(C) Subject to division (C) of section 3334.08 of the Revised	109024
Code, personnel of the Ohio Tuition Trust Authority remain subject	109025
to the appointment by and continue to serve at the pleasure of the	109026
Chancellor.	109027

(D) On the effective date of this section, all books,	109028
records, documents, files, transcripts, equipment, furniture,	109029
supplies, and other materials assigned to or in the possession of	109030
the Ohio Tuition Trust Authority shall be transferred to the	109031
Chancellor.	109032

Section 375.10. DRC DEPARTMENT OF REHABILITATION AND	109033
CORRECTION	109034

General Revenue Fund							109035
GRF	501321	Institutional Operations	$	928,188,147	$	903,630,244	109036
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	109037
GRF	501405	Halfway House	$	41,054,799	$	42,286,443	109038
GRF	501406	Lease Rental Payments	$	101,578,100	$	98,080,200	109039
GRF	501407	Community Nonresidential Programs	$	21,925,802	$	22,431,567	109040
GRF	501408	Community Misdemeanor Programs	$	11,092,468	$	11,380,242	109041
GRF	501501	Community Residential Programs - CBCF	$	62,517,256	$	64,281,774	109042
GRF	501620	Institutional Operations - Federal Stimulus	$	0	$	34,200,000	109043
GRF	502321	Mental Health Services	$	80,844,321	$	84,462,467	109044
GRF	503321	Parole and Community Operations	$	75,785,243	$	77,326,155	109045
GRF	504321	Administrative Operations	$	26,388,606	$	27,069,477	109046
GRF	505321	Institution Medical Services	$	252,462,498	$	251,763,268	109047
GRF	506321	Institution Education Services	$	22,730,539	$	23,183,959	109048
GRF	507321	Institution Recovery Services	$	5,025,028	$	5,899,110	109049
TOTAL GRF General Revenue Fund			$	1,638,192,062	$	1,654,594,161	109050

General Services Fund Group	109051

1480	501602	Services and Agricultural	$	108,290,058	$	111,062,533	109052
2000	501607	Ohio Penal Industries	$	40,845,414	$	40,845,414	109053
4830	501605	Property Receipts	$	255,015	$	261,315	109054
4B00	501601	Sewer Treatment Services	$	2,467,630	$	2,529,828	109055
4D40	501603	Prisoner Programs	$	14,600,000	$	14,800,000	109056
4L40	501604	Transitional Control	$	2,042,548	$	2,051,451	109057
4S50	501608	Education Services	$	2,800,000	$	3,000,000	109058
5710	501606	Training Academy Receipts	$	75,190	$	75,190	109059
5930	501618	Laboratory Services	$	6,476,314	$	6,740,260	109060
5AF0	501609	State and Non-Federal Awards	$	262,718	$	262,718	109061
5H80	501617	Offender Financial Responsibility	$	3,000,000	$	3,000,000	109062
5L60	501611	Information Technology Services	$	1,000,000	$	1,000,000	109063
TOTAL GSF General Services Fund Group			$	182,114,887	$	185,628,709	109064

Federal Special Revenue Fund Group	109065

3230	501619	Federal Grants	$	12,198,353	$	12,198,353	109066
3S10	501615	Truth-In-Sentencing Grants	$	8,251,241	$	0	109067
TOTAL FED Federal Special Revenue							109068
Fund Group			$	20,449,594	$	12,198,353	109069

TOTAL ALL BUDGET FUND GROUPS

1,840,756,543

1,852,421,223

109070

UNIT MANAGEMENT MODEL IMPLEMENTATION

109071

The Department of Rehabilitation and Correction shall	109072
implement the unit management model at the Mansfield Correctional	109073
Institution, including the filling of all authorized unit	109074
management staff positions.	109075

UNIT MANAGEMENT MODEL IMPLEMENTATION

109076

The Department of Rehabilitation and Correction shall	109077
implement the unit management model at the Southern Ohio	109078
Correctional Facility, including the filling of all authorized	109079
unit management staff positions.	109080

OHIO BUILDING AUTHORITY LEASE PAYMENTS

109081

The foregoing appropriation item 501406, Lease Rental	109082
Payments, shall be used to meet all payments during the period	109083
from July 1, 2009, to June 30, 2011, under the primary leases and	109084
agreements for those buildings made under Chapter 152. of the	109085
Revised Code. These appropriations are the source of funds pledged	109086
for bond service charges or obligations issued pursuant to Chapter	109087
152. of the Revised Code.	109088

PRISONER COMPENSATION

109089

Money from the foregoing appropriation item 501403, Prisoner	109090
Compensation, shall be transferred on a quarterly basis by	109091
intrastate transfer voucher to the Services and Agricultural Fund	109092
(Fund 1480) for the purposes of paying prisoner compensation.	109093

JUSTICE REINVESTMENT STUDY

109094

Of the foregoing appropriation item 504321, Administrative	109095
Operations, $100,000 in fiscal year 2010 shall be provided to the	109096
Council of State Governments to fund the Justice Reinvestment	109097
Study. The Council of State Governments shall report its findings	109098
to the Governor and the General Assembly not later than July 1,	109099
2010.	109100

OSU MEDICAL CHARGES

109101

Notwithstanding section 341.192 of the Revised Code, at the	109102
request of the Department of Rehabilitation and Correction, The	109103
Ohio State University Medical Center, including the James Cancer	109104
Hospital and Solove Research Institute and the Richard M. Ross	109105
Heart Hospital, shall provide necessary care to persons who are	109106
confined in state adult correctional facilities. The provision of	109107
necessary care shall be billed to the Department at a rate not to	109108
exceed the authorized reimbursement rate for the same service	109109
established by the Department of Job and Family Services under the	109110
Medical Assistance Program.	109111

Section 377.10. RSC REHABILITATION SERVICES COMMISSION

109112

General Revenue Fund	109113

GRF	415402	Independent Living Council	$	360,000	$	360,000	109114
GRF	415406	Assistive Technology	$	38,025	$	38,025	109115
GRF	415431	Office for People with Brain Injury	$	180,810	$	180,810	109116
GRF	415506	Services for People with Disabilities	$	18,738,043	$	18,738,043	109117
GRF	415508	Services for the Deaf	$	100,000	$	100,000	109118
TOTAL GRF General Revenue Fund			$	19,416,878	$	19,416,878	109119

General Services Fund Group	109120

4670	415609	Business Enterprise Operating Expenses	$	1,393,002	$	1,389,851	109121
TOTAL GSF General Services							109122
Fund Group			$	1,393,002	$	1,389,851	109123

Federal Special Revenue Fund Group	109124

3170	415620	Disability Determination	$	81,685,226	$	83,498,461	109125
3790	415616	Federal - Vocational Rehabilitation	$	130,057,624	$	131,132,654	109126
3L10	415601	Social Security Personal Care Assistance	$	3,000,000	$	2,700,000	109127
3L10	415605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	109128
3L10	415608	Social Security Special Programs/Assistance	$	1,752,714	$	1,884,714	109129
3L40	415612	Federal Independent Living Centers or Services	$	620,880	$	620,880	109130
3L40	415615	Federal - Supported Employment	$	883,214	$	839,054	109131
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,951,862	$	1,953,293	109132
TOTAL FED Federal Special							109133
Revenue Fund Group			$	220,701,520	$	223,379,056	109134

State Special Revenue Fund Group	109135

4680	415618	Third Party Funding	$	5,008,974	$	5,008,974	109136
4L10	415619	Services for Rehabilitation	$	4,067,773	$	3,994,154	109137
4W50	415606	Program Management Expenses	$	15,620,782	$	15,767,803	109138
TOTAL SSR State Special							109139
Revenue Fund Group			$	24,697,529	$	24,770,931	109140
TOTAL ALL BUDGET FUND GROUPS			$	266,208,929	$	268,956,716	109141

INDEPENDENT LIVING COUNCIL

109142

The foregoing appropriation item 415402, Independent Living	109143
Council, shall be used to fund the operations of the State	109144
Independent Living Council and shall be used to support state	109145
independent living centers and independent living services under	109146
Title VII of the Independent Living Services and Centers for	109147
Independent Living of the Rehabilitation Act Amendments of 1992,	109148
106 Stat. 4344, 29 U.S.C. 796d.	109149

ASSISTIVE TECHNOLOGY

109150

The foregoing appropriation item 415406, Assistive	109151
Technology, shall be provided to Assistive Technology of Ohio and	109152
used to provide grants and assistive technology services under the	109153
program for people with disabilities in the State of Ohio.	109154

OFFICE FOR PEOPLE WITH BRAIN INJURY

109155

The foregoing appropriation item 415431, Office for People	109156
with Brain Injury, shall be used to plan and coordinate	109157
head-injury-related services provided by state agencies and other	109158
government or private entities, to assess the needs for such	109159
services, and to set priorities in this area.	109160

VOCATIONAL REHABILITATION SERVICES

109161

The foregoing appropriation item 415506, Services for People	109162
with Disabilities, shall be used as state matching funds to	109163
provide vocational rehabilitation services to eligible consumers.	109164

SERVICES FOR THE DEAF

109165

Of the foregoing appropriation item 415508, Services for the	109166
Deaf, $60,000 in each fiscal year shall be used as state matching	109167
funds to provide vocational rehabilitation services to eligible	109168
consumers who are deaf or hard of hearing.	109169

The remainder of foregoing appropriation item 415508,	109170
Services for the Deaf, shall be used to provide grants to	109171
community centers for the deaf. These funds shall not be provided	109172
in lieu of Social Security reimbursement funds.	109173

FEDERAL – VOCATIONAL REHABILITATION

109174

Of the foregoing appropriation item 415616, Federal –	109175
Vocational Rehabilitation, $222,000 shall be used to provide	109176
vocational rehabilitation services to eligible consumers who are	109177
deaf or hard of hearing.	109178

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

109179

The foregoing appropriation item 415617, Independent	109180
Living/Vocational Rehabilitation Programs, shall be used to	109181
support vocational rehabilitation programs.	109182

SOCIAL SECURITY REIMBURSEMENT FUNDS

109183

Reimbursement funds received from the Social Security	109184
Administration, United States Department of Health and Human	109185
Services, for the costs of providing services and training to	109186
return disability recipients to gainful employment shall be	109187
expended from the Social Security Reimbursement Fund (Fund 3L10),	109188
to the extent funds are available, as follows:	109189

(A) Appropriation item 415601, Social Security Personal Care	109190
Assistance, to provide personal care services in accordance with	109191
section 3304.41 of the Revised Code;	109192

(B) Appropriation item 415605, Social Security Community	109193
Centers for the Deaf, to provide grants to community centers for	109194
the deaf in Ohio for services to individuals with hearing	109195
impairments; and	109196

(C) Appropriation item 415608, Social Security Special	109197
Programs/Assistance, to provide vocational rehabilitation services	109198
to individuals with severe disabilities who are Social Security	109199
beneficiaries, to enable them to achieve competitive employment.	109200
This appropriation item shall also be used to pay a portion of	109201
indirect costs of the Personal Care Assistance Program and the	109202
Independent Living Programs as mandated by federal OMB Circular	109203
A-87.	109204

PROGRAM MANAGEMENT EXPENSES

109205

The foregoing appropriation item 415606, Program Management	109206
Expenses, shall be used to support the administrative functions of	109207
the commission related to the provision of vocational	109208
rehabilitation, disability determination services, and ancillary	109209
programs.	109210

Section 379.10. RCB RESPIRATORY CARE BOARD

109211

General Services Fund Group	109212

4K90	872609	Operating Expenses	$	495,689	$	495,689	109213
TOTAL GSF General Services							109214
Fund Group			$	495,689	$	495,689	109215
TOTAL ALL BUDGET FUND GROUPS			$	495,689	$	495,689	109216

Section 381.10. RDF REVENUE DISTRIBUTION FUNDS

109218

Volunteer Firefighters' Dependents Fund	109219

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	109220
TOTAL 085 Volunteer Firefighters'							109221
Dependents Fund			$	300,000	$	300,000	109222
Agency Fund Group							109223
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	109224
6080	001699	Investment Earnings	$	250,000,000	$	250,000,000	109225
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	109226
7063	110963	Permissive Tax Distribution	$	1,849,000,000	$	1,849,000,000	109227
7067	110967	School District Income Tax	$	350,000,000	$	350,000,000	109228
TOTAL AGY Agency Fund Group			$	2,453,100,000	$	2,453,100,000	109229

Holding Account Redistribution	109230

R045	110617	International Fuel Tax Distribution	$	50,000,000	$	50,000,000	109231
TOTAL 090 Holding Account Redistribution Fund			$	50,000,000	$	50,000,000	109232
Revenue Distribution Fund Group							109233
7049	038900	Indigent Drivers Alcohol Treatment	$	1,832,000	$	1,832,000	109234
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	109235
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	109236
7054	110954	Local Government Property Tax Replacement - Utility	$	95,125,000	$	95,125,000	109237
7060	110960	Gasoline Excise Tax Fund	$	375,000,000	$	375,000,000	109238
7065	110965	Public Library Fund	$	403,600,000	$	404,900,000	109239
7066	800966	Undivided Liquor Permits	$	13,500,000	$	13,500,000	109240
7068	110968	State and Local Government Highway Distribution	$	242,500,000	$	242,500,000	109241
7069	110969	Local Government Fund	$	673,700,000	$	676,000,000	109242
7081	110981	Local Government Property Tax Replacement-Business	$	366,800,000	$	378,000,000	109243
7082	110982	Horse Racing Tax	$	130,000	$	130,000	109244
7083	700900	Ohio Fairs Fund	$	2,325,000	$	2,325,000	109245
TOTAL RDF Revenue Distribution							109246
Fund Group			$	2,743,512,000	$	2,758,312,000	109247
TOTAL ALL BUDGET FUND GROUPS			$	5,246,912,000	$	5,261,712,000	109248

ADDITIONAL APPROPRIATIONS

109249

Appropriation items in this section shall be used for the	109250
purpose of administering and distributing the designated revenue	109251
distribution funds according to the Revised Code. If it is	109252
determined that additional appropriations are necessary for this	109253
purpose, such amounts are hereby appropriated.	109254

GENERAL REVENUE FUND TRANSFERS

109255

Notwithstanding any provision of law to the contrary, in	109256
fiscal year 2010 and fiscal year 2011, the Director of Budget and	109257
Management may transfer from the General Revenue Fund to the Local	109258
Government Tangible Property Tax Replacement Fund (Fund 7081) in	109259
the Revenue Distribution Fund Group, those amounts necessary to	109260
reimburse local taxing units under section 5751.22 of the Revised	109261
Code. Also, in fiscal year 2010 and fiscal year 2011, the	109262
Director of Budget and Management may make temporary transfers	109263
from the General Revenue Fund to ensure sufficient balances in	109264
the Local Government Tangible Property Tax Replacement Fund (Fund	109265
7081) and to replenish the General Revenue Fund for such	109266
transfers.	109267

On July 1 of each fiscal year, or as soon as possible	109268
thereafter, the Director of Budget and Management shall transfer	109269
$2,500,000 cash from the General Revenue Fund to the Public	109270
Library Fund (Fund 7065).	109271

On July 1, 2010, or as soon as possible thereafter, the	109272
Director of Budget and Management shall transfer $11,200,000 cash	109273
from the General Revenue Fund to the Local Government Property Tax	109274
Replacement-Business Fund (Fund 7081).	109275

Section 383.10. SAN BOARD OF SANITARIAN REGISTRATION

109276

General Services Fund Group	109277

4K90	893609	Operating Expenses	$	138,551	$	138,551	109278
TOTAL GSF General Services							109279
Fund Group			$	138,551	$	138,551	109280
TOTAL ALL BUDGET FUND GROUPS			$	138,551	$	138,551	109281

Section 384.10. OSB OHIO STATE SCHOOL FOR THE BLIND

109283

General Revenue Fund	109284

GRF	226100	Personal Services	$	7,326,155	$	7,326,155	109285
GRF	226200	Maintenance	$	688,363	$	688,363	109286
GRF	226300	Equipment	$	72,783	$	72,783	109287
TOTAL GRF General Revenue Fund			$	8,087,301	$	8,087,301	109288

General Services Fund Group	109289

4H80	226602	Education Reform Grants	$	61,000	$	61,000	109290
TOTAL GSF General Services							109291
Fund Group			$	61,000	$	61,000	109292

Federal Special Revenue Fund Group	109293

3100	226626	Coordinating Unit	$	2,527,105	$	2,527,105	109294
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	109295
TOTAL FED Federal Special							109296
Revenue Fund Group			$	2,577,105	$	2,577,105	109297

State Special Revenue Fund Group	109298

4M50	226601	Work Study and Technology Investment	$	250,000	$	250,000	109299
TOTAL SSR State Special Revenue							109300
Fund Group			$	250,000	$	250,000	109301
TOTAL ALL BUDGET FUND GROUPS			$	10,975,406	$	10,975,406	109302

Section 384.50. OSD OHIO SCHOOL FOR THE DEAF

109304

General Revenue Fund	109305

GRF	221100	Personal Services	$	8,713,704	$	8,713,704	109306
GRF	221200	Maintenance	$	905,035	$	905,035	109307
GRF	221300	Equipment	$	78,650	$	78,650	109308
TOTAL GRF General Revenue Fund			$	9,697,389	$	9,697,389	109309

General Services Fund Group	109310

4M10	221602	Education Reform Grants	$	76,000	$	76,000	109311
TOTAL GSF General Services							109312
Fund Group			$	76,000	$	76,000	109313

Federal Special Revenue Fund Group	109314

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	109315
3AD0	221604	VREAL Ohio	$	25,000	$	25,000	109316
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	109317
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	109318
TOTAL FED Federal Special							109319
Revenue Fund Group			$	2,820,135	$	2,820,135	109320

State Special Revenue Fund Group	109321

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	109322
5H60	221609	Even Start Fees and Gifts	$	250,716	$	250,716	109323
TOTAL SSR State Special Revenue							109324
Fund Group			$	440,716	$	440,716	109325
TOTAL ALL BUDGET FUND GROUPS			$	13,034,240	$	13,034,240	109326

Section 385.10. SFC SCHOOL FACILITIES COMMISSION

109328

General Revenue Fund	109329

GRF	230908		Common Schools General Obligation Debt Service		$	192,559,200		$	165,510,500		109330
TOTAL GRF General Revenue Fund					$	192,559,200		$	165,510,500		109331

State Special Revenue Fund Group	109332

5E30	230644	Operating Expenses	$	9,885,436	$	10,132,034	109333
TOTAL SSR State Special Revenue							109334
Fund Group			$	9,885,436	$	10,132,034	109335
TOTAL ALL BUDGET FUND GROUPS			$	202,444,636	$	175,642,534	109336

Section 385.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	109338
SERVICE	109339

The foregoing appropriation item 230908, Common Schools	109340
General Obligation Debt Service, shall be used to pay all debt	109341
service and related financing costs at the times they are required	109342
to be made for obligations issued during the period from July 1,	109343
2009, through June 30, 2011, under sections 151.01 and 151.03 of	109344
the Revised Code.	109345

OPERATING EXPENSES

109346

The foregoing appropriation item 230644, Operating Expenses,	109347
shall be used by the Ohio School Facilities Commission to carry	109348
out its responsibilities under this section and Chapter 3318. of	109349
the Revised Code.	109350

In both fiscal years 2010 and 2011, the Executive Director of	109351
the Ohio School Facilities Commission shall certify on a quarterly	109352
basis to the Director of Budget and Management the amount of cash	109353
from interest earnings to be transferred from the School Building	109354
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	109355
7021), and the Educational Facilities Trust Fund (Fund N087) to	109356
the Ohio School Facilities Commission Fund (Fund 5E30). The	109357
amount transferred from the School Building Assistance Fund (Fund	109358
7032) may not exceed investment earnings credited to the fund,	109359
less any amount required to be paid for federal arbitrage rebate	109360
purposes.	109361

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

109362

At the request of the Executive Director of the Ohio School	109363
Facilities Commission, the Director of Budget and Management may	109364
cancel encumbrances for school district projects from a previous	109365
biennium if the district has not raised its local share of project	109366
costs within one year of receiving Controlling Board approval	109367
under section 3318.05 of the Revised Code. The Executive Director	109368
of the Ohio School Facilities Commission shall certify the amounts	109369
of the canceled encumbrances to the Director of Budget and	109370
Management on a quarterly basis. The amounts of the canceled	109371
encumbrances are hereby appropriated.	109372

Section 385.30. AMENDMENT TO PROJECT AGREEMENT FOR	109373
MAINTENANCE LEVY	109374

The Ohio School Facilities Commission shall amend the	109375
project agreement between the Commission and a school district	109376
that is participating in the Accelerated Urban School Building	109377
Assistance Program on the effective date of this section, if the	109378
Commission determines that it is necessary to do so in order to	109379
comply with division (B)(3)(c) of section 3318.38 of the Revised	109380
Code, as amended by this act.	109381

Section 385.40. STUDY OF COMMUNITY SPACE

109382

The Executive Director of the Ohio School Facilities	109383
Commission shall conduct a study of spaces included in classroom	109384
facilities projects financed by the Commission under Chapter	109385
3318. of the Revised Code that are used for activities, services,	109386
and programs shared between schools and other public and private	109387
entities in their communities. The study shall identify and	109388
describe such spaces included in current or completed projects	109389
and shall recommend best practices for enhancing opportunities for	109390
including shared community spaces in future projects. The	109391
Executive Director shall submit a written report of the results	109392
and recommendations of the study to the Commission not later than	109393
December 31, 2009.	109394

Section 385.50. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	109395
FACILITIES	109396

Notwithstanding any other provision of law to the contrary,	109397
the Ohio School Facilities Commission may provide assistance under	109398
the Exceptional Needs School Facilities Program established in	109399
section 3318.37 of the Revised Code to any school district, and	109400
not exclusively to a school district in the lowest seventy-five	109401
per cent of adjusted valuation per pupil on the current ranking of	109402
school districts established under section 3318.011 of the Revised	109403
Code, for the purpose of the relocation or replacement of school	109404
facilities required as a result of extreme environmental	109405
contamination.	109406

The school district's portion of a project to replace a	109407
contaminated facility undertaken pursuant to this section shall	109408
not exceed seventy-five per cent of the cost of the project. This	109409
paragraph does not affect the district's portion of the cost of	109410
subsequent classroom facilities projects the district may	109411
undertake under Chapter 3318. of the Revised Code.	109412

The Ohio School Facilities Commission shall contract with an	109413
independent environmental consultant to conduct a study and to	109414
report to the Commission as to the seriousness of the	109415
environmental contamination, whether the contamination violates	109416
applicable state and federal standards, and whether the facilities	109417
are no longer suitable for use as school facilities. The	109418
Commission then shall make a determination regarding funding for	109419
the relocation or replacement of the school facilities. If the	109420
federal government or other public or private entity provides	109421
funds for restitution of costs incurred by the state or school	109422
district in the relocation or replacement of the school	109423
facilities, the school district shall use such funds in excess of	109424
the school district's share to refund the state for the state's	109425
contribution to the environmental contamination portion of the	109426
project. The school district may apply an amount of such	109427
restitution funds up to an amount equal to the school district's	109428
portion of the project, as defined by the Commission, toward	109429
paying its portion of that project to reduce the amount of bonds	109430
the school district otherwise must issue to receive state	109431
assistance under sections 3318.01 to 3318.20 of the Revised Code.	109432

Section 385.60. CANTON CITY SCHOOL DISTRICT PROJECT

109433

(A) The Ohio School Facilities Commission may commit up to	109434
thirty-five million dollars to the Canton City School District for	109435
construction of a facility described in this section, in lieu of a	109436
high school that would otherwise be authorized under Chapter 3318.	109437
of the Revised Code. The Commission shall not commit funds under	109438
this section unless all of the following conditions are met:	109439

(1) The District has entered into a cooperative agreement	109440
with a state-assisted technical college;	109441

(2) The District has received an irrevocable commitment of	109442
additional funding from nonpublic sources; and	109443

(3) The facility is intended to serve both secondary and	109444
postsecondary instructional purposes.	109445

(B) The Commission shall enter into an agreement with the	109446
District for the construction of the facility authorized under	109447
this section that is separate from and in addition to the	109448
agreement required for the District's participation in the	109449
Classroom Facilities Assistance Program under section 3318.08 of	109450
the Revised Code. Notwithstanding that section and sections	109451
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	109452
agreement shall provide, but not be limited to, the following:	109453

(1) The Commission shall not have any oversight	109454
responsibilities over the construction of the facility.	109455

(2) The facility need not comply with the specifications for	109456
plans and materials for high schools adopted by the Commission.	109457

(3) The Commission may decrease the basic project cost that	109458
would otherwise be calculated for a high school under Chapter	109459
3318. of the Revised Code.	109460

(4) The state shall not share in any increases in the basic	109461
project cost for the facility above the amount authorized under	109462
this section.	109463

All other provisions of Chapter 3318. of the Revised Code	109464
apply to the approval and construction of a facility authorized	109465
under this section.	109466

The state funds committed to the facility authorized by this	109467
section shall be part of the total amount the state commits to the	109468
Canton City School District under Chapter 3318. of the Revised	109469
Code. All additional state funds committed to the Canton City	109470
School District for classroom facilities assistance shall be	109471
subject to all provisions of Chapter 3318. of the Revised Code.	109472

Section 385.70. Notwithstanding section 3318.05 of the	109473
Revised Code, for each school district whose project under	109474
sections 3318.01 to 3318.20 of the Revised Code was conditionally	109475
approved by the Ohio School Facilities Commission in July 2008,	109476
that conditional approval shall lapse and the amount reserved and	109477
encumbered for the project shall be released on December 31, 2009.	109478

Section 385.80. Notwithstanding any provision of Chapter	109479
3318. of the Revised Code to the contrary, and notwithstanding the	109480
agreement between the Cincinnati City School District and the Ohio	109481
School Facilities Commission under section 3318.08 of the Revised	109482
Code, the Commission shall encumber and pay state funds to the	109483
District in the amount of $4,000,000, in addition to the amount	109484
prescribed in that agreement, for the purpose of dedicating	109485
additional state funding toward the acquisition of the School for	109486
the Creative and Performing Arts, as that building is included in	109487
the District's project under section 3318.38 of the Revised Code.	109488
The District shall use the funds paid under this section solely	109489
for that purpose. The School for the Creative and Performing Arts	109490
need not comply with the specifications included in the Ohio	109491
Design Manual adopted by the Commission to implement classroom	109492
facilities projects under Chapter 3318. of the Revised Code. This	109493
section shall not affect any other building included in the	109494
District's project under section 3318.38 of the Revised Code, nor	109495
shall it affect the state's portion of funding for the remainder	109496
of that project.	109497

The Commission shall use funds appropriated to it for	109498
classroom facilities projects to pay the funds required under this	109499
section. The Commission shall encumber the funds required under	109500
this section in accordance with section 3318.11 of the Revised	109501
Code.	109502

Section 385.90. (A) As used in this section:

109503

(1) "Basic project cost," "percentile," and "project" have	109504
the same meanings as in section 3318.01 of the Revised Code.	109505

(2) "Equity list" means the school district percentile	109506
rankings calculated under section 3318.011 of the Revised Code.	109507

(3) A school district's "portion of the basic project cost"	109508
means the amount calculated under section 3318.032 of the Revised	109509
Code.	109510

(B) Notwithstanding any provision of Chapter 3318. of the	109511
Revised Code to the contrary, in the case of a school district	109512
that received in fiscal year 2008 elector approval for a bond	109513
issue for its portion of the basic project cost of a project under	109514
sections 3118.01 to 3318.20 of the Revised Code, based on a	109515
preliminary estimated equity list projecting rankings of school	109516
districts if amendments to section 3318.011 of the Revised Code	109517
enacted by Am. Sub. H.B. 119 of the 127th General Assembly had	109518
been effective for projects in that fiscal year, and which	109519
district on the alternate equity list for fiscal year 2009 funding	109520
required by Section 733.13 of Am. Sub. H.B. 562 of the 127th	109521
General Assembly, retroactively applying those amendments, was	109522
ranked one percentile higher than on the preliminary estimated	109523
equity list, resulting in the district's calculated portion being	109524
one per cent higher than the amount projected at the time of the	109525
bond issue election, the Ohio School Facilities Commission shall	109526
reduce the district's portion to that projected on the preliminary	109527
estimated equity list.	109528

Section 387.10. SOS SECRETARY OF STATE

109529

General Revenue Fund	109530

GRF	050321	Operating Expenses	$	2,540,508	$	2,290,508	109531
GRF	050407	Pollworkers Training	$	250,197	$	250,197	109532
TOTAL GRF General Revenue Fund			$	2,790,705	$	2,540,705	109533

General Services Fund Group	109534

4120	050609	Notary Commission	$	565,000	$	565,000	109535
4130	050601	Information Systems	$	75,000	$	50,000	109536
4140	050602	Citizen Education Fund	$	55,712	$	55,712	109537
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	109538
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	109539
5FH0	050621	Statewide Ballot Advertising	$	487,600	$	487,600	109540
5FJ0	050622	County Voting Machine Revolving Lease/Loan Fund	$	500,000	$	500,000	109541
TOTAL General Services Fund Group			$	1,790,512	$	1,790,512	109542

Federal Special Revenue Fund Group	109543

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	109544
3AS0	050616	2005 HAVA Voting Machines	$	3,000,000	$	3,000,000	109545
TOTAL FED Federal Special Revenue							109546
Fund Group			$	3,800,000	$	3,800,000	109547

State Special Revenue Fund Group	109548

5990	050603	Business Services Operating Expenses	$	14,186,100	$	14,345,400	109549
5N90	050607	Technology Improvements	$	180,000	$	180,000	109550
TOTAL SSR State Special Revenue							109551
Fund Group			$	14,366,100	$	14,525,400	109552

Holding Account Redistribution Fund Group	109553

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	109554
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	109555
TOTAL 090 Holding Account							109556
Redistribution Fund Group			$	115,000	$	115,000	109557
TOTAL ALL BUDGET FUND GROUPS			$	22,862,317	$	22,746,617	109558

EXPEDITED BUSINESS FILINGS

109559

Of the foregoing appropriation item 050321, Operating	109560
Expenses, $250,000 shall be used in fiscal year 2010 to pay the	109561
costs of all expedited business filings that are filed through	109562
December 31, 2009. The Secretary of State shall not charge a new	109563
expedited business filing fee until after December 31, 2009.	109564

BOARD OF VOTING MACHINE EXAMINERS

109565

The foregoing appropriation item 050610, Board of Voting	109566
Machine Examiners, shall be used to pay for the services and	109567
expenses of the members of the Board of Voting Machine Examiners,	109568
and for other expenses that are authorized to be paid from the	109569
Board of Voting Machine Examiners Fund, which is created in	109570
section 3506.05 of the Revised Code. Moneys not used shall be	109571
returned to the person or entity submitting equipment for	109572
examination. If it is determined that additional appropriations	109573
are necessary, such amounts are hereby appropriated.	109574

BUSINESS SERVICES FUND TRANSFER TO THE COUNTY VOTING MACHINE	109575
REVOLVING LEASE/LOAN FUND	109576

Not later than the first day of June of each fiscal year, the	109577
Director of Budget and Management shall transfer $500,000 cash	109578
from the Business Services Fund (Fund 5990) to the County Voting	109579
Machine Revolving Lease/Loan Fund (Fund 5FJ0).	109580

HAVA FUNDS

109581

An amount equal to the unexpended, unencumbered portion of	109582
appropriation item 050616, 2005 HAVA Voting Machines, at the end	109583
of fiscal year 2010 is reappropriated for the same purpose in	109584
fiscal year 2011.	109585

An amount equal to the unexpended, unencumbered portion of	109586
appropriation item 050614, Election Reform/Health and Human	109587
Services, at the end of fiscal year 2010 is reappropriated for the	109588
same purpose in fiscal year 2011.	109589

On July 1, 2009, or as soon as possible thereafter, the	109590
Director of Budget and Management shall transfer from the General	109591
Revenue Fund to the credit of the Election Data Collection Grant	109592
Fund (Fund 3AC0), all investment earnings and amounts equal to the	109593
interest earnings attributable to Fund 3AC0 in each quarter of	109594
fiscal year 2009 to Fund 3AC0. An amount equal to the unexpended,	109595
unencumbered portion of appropriation item 050619, Election Data	109596
Collection Grant, at the end of fiscal year 2009 is reappropriated	109597
in fiscal year 2010 for the same purpose.	109598

The Director of Budget and Management shall credit the	109599
ongoing interest earnings from the Election Reform/Health and	109600
Human Services Fund (Fund 3AH0), the 2005 HAVA Voting Machines	109601
Fund (Fund 3AS0), and the Election Data Collection Grant Fund	109602
(Fund 3AC0) to the respective funds and distribute these earnings	109603
in accordance with the terms of the grant under which the money	109604
is received.	109605

HOLDING ACCOUNT REDISTRIBUTION GROUP

109606

The foregoing appropriation items 050605, Uniform Commercial	109607
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	109608
be used to hold revenues until they are directed to the	109609
appropriate accounts or until they are refunded. If it is	109610
determined that additional appropriations are necessary, such	109611
amounts are hereby appropriated.	109612

CASH TRANSFER TO THE CORPORATE AND UNIFORM COMMERCIAL CODE	109613
FILING FUND	109614

On July 1, 2009, or as soon as possible thereafter, the	109615
Director of Budget and Management shall transfer $53,915.40 cash	109616
from the Public Utility Territorial Administration Fund (Fund	109617
5590) to the Corporate and Uniform Commercial Code Filing Fund	109618
(Fund 5990).	109619

Section 389.10. SEN THE OHIO SENATE

109620

General Revenue Fund	109621

GRF	020321		Operating Expenses		$	12,123,439		$	12,123,439		109622
TOTAL GRF General Revenue Fund					$	12,123,439		$	12,123,439		109623

General Services Fund Group	109624

1020	020602	Senate Reimbursement	$	448,465	$	448,465	109625
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	109626
TOTAL GSF General Services							109627
Fund Group			$	482,962	$	482,962	109628
TOTAL ALL BUDGET FUND GROUPS			$	12,606,401	$	12,606,401	109629

OPERATING EXPENSES

109630

On July 1, 2009, or as soon as possible thereafter, the Clerk	109631
of the Senate may certify to the Director of Budget and Management	109632
the amount of the unexpended, unencumbered balance of the	109633
foregoing appropriation item 020321, Operating Expenses, at the	109634
end of fiscal year 2009 to be reappropriated to fiscal year 2010.	109635
The amount certified is hereby reappropriated to the same	109636
appropriation item for fiscal year 2010.	109637

On July 1, 2010, or as soon as possible thereafter, the Clerk	109638
of the Senate may certify to the Director of Budget and Management	109639
the amount of the unexpended, unencumbered balance of the	109640
foregoing appropriation item 020321, Operating Expenses, at the	109641
end of fiscal year 2010 to be reappropriated to fiscal year 2011.	109642
The amount certified is hereby reappropriated to the same	109643
appropriation item for fiscal year 2011.	109644

Section 391.10. CSF COMMISSIONERS OF THE SINKING FUND

109645

Debt Service Fund Group	109646

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	20,948,300	$	29,011,600	109647
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	202,074,000	$	203,434,200	109648
7073	155903	Natural Resources Bond Retirement Fund	$	26,334,400	$	26,549,400	109649
7074	155904	Conservation Projects Bond Service Fund	$	20,711,100	$	25,684,900	109650
7076	155906	Coal Research and Development Bond Retirement Fund	$	9,968,400	$	10,947,000	109651
7077	155907	State Capital Improvement Bond Retirement Fund	$	148,331,900	$	163,443,500	109652
7078	155908	Common Schools Bond Retirement Fund	$	192,559,200	$	165,510,500	109653
7079	155909	Higher Education Bond Retirement Fund	$	85,317,700	$	89,480,300	109654
7090	155912	Job Ready Site Development Bond Retirement Fund	$	5,685,400	$	10,601,900	109655
TOTAL DSF Debt Service Fund Group			$	711,930,400	$	724,663,300	109656
TOTAL ALL BUDGET FUND GROUPS			$	711,930,400	$	724,663,300	109657

ADDITIONAL APPROPRIATIONS

109658

Appropriation items in this section are for the purpose of	109659
paying debt service and financing costs on bonds or notes of the	109660
state issued under the Ohio Constitution and acts of the General	109661
Assembly. If it is determined that additional amounts are	109662
necessary for this purpose, such amounts are hereby appropriated.	109663

Section 393.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	109664
DEVELOPMENT FOUNDATION	109665

General Revenue Fund	109666

5M90	945601	Operating Expenses	$	475,220	$	475,220	109667
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	475,220	$	475,220	109668
TOTAL ALL BUDGET FUND GROUPS			$	475,220	$	475,220	109669

Section 395.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	109671
AUDIOLOGY	109672

General Services Fund Group	109673

4K90	886609	Operating Expenses	$	453,000	$	453,000	109674
TOTAL GSF General Services							109675
Fund Group			$	453,000	$	453,000	109676
TOTAL ALL BUDGET FUND GROUPS			$	453,000	$	453,000	109677

Section 397.10. BTA BOARD OF TAX APPEALS

109679

General Revenue Fund	109680

GRF	116321	Operating Expenses	$	2,192,450	$	2,317,450	109681
TOTAL GRF General Revenue Fund			$	2,192,450	$	2,317,450	109682
TOTAL ALL BUDGET FUND GROUPS			$	2,192,450	$	2,317,450	109683

Section 399.10. TAX DEPARTMENT OF TAXATION

109685

General Revenue Fund	109686

GRF	110321	Operating Expenses	$	81,441,056	$	81,441,055	109687
GRF	110404	Tobacco Settlement Enforcement	$	295,231	$	295,231	109688
GRF	110412	Child Support Administration	$	19,512	$	19,512	109689
GRF	110901	Property Tax Allocation - Taxation	$	569,917,420	$	577,463,014	109690
TOTAL GRF General Revenue Fund			$	651,673,219	$	659,218,812	109691

General Services Fund Group	109692

2280	110628	Tax Reform System Implementation	$	13,600,000	$	13,600,000	109693
4330	110602	Tape File Account	$	125,000	$	125,000	109694
5AP0	110632	Discovery Project	$	2,000,000	$	2,000,000	109695
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	109696
5N50	110605	Municipal Income Tax Administration	$	600,000	$	600,000	109697
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	109698
5V80	110623	Property Tax Administration	$	12,000,000	$	12,000,000	109699
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	109700
5W70	110627	Exempt Facility Administration	$	60,000	$	60,000	109701
TOTAL GSF General Services							109702
Fund Group			$	28,935,000	$	28,935,000	109703

State Special Revenue Fund Group	109704

4350	110607	Local Tax Administration	$	18,000,000	$	18,000,000	109705
4360	110608	Motor Vehicle Audit	$	1,000,000	$	1,000,000	109706
4370	110606	Income Tax Contribution Administration	$	200,000	$	200,000	109707
4380	110609	School District Income Tax	$	5,500,000	$	5,500,000	109708
4C60	110616	International Registration Plan	$	706,855	$	706,855	109709
4R60	110610	Tire Tax Administration	$	200,000	$	200,000	109710
5V70	110622	Motor Fuel Tax Administration	$	4,700,000	$	4,700,000	109711
6390	110614	Cigarette Tax Enforcement	$	1,900,000	$	1,900,000	109712
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	109713
6880	110615	Local Excise Tax Administration	$	800,000	$	800,000	109714
TOTAL SSR State Special Revenue							109715
Fund Group			$	33,506,855	$	33,506,855	109716

Agency Fund Group	109717

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	109718
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	109719
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	109720

Holding Account Redistribution Fund Group	109721

R010	110611	Tax Distributions	$	50,000	$	50,000	109722
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	109723
TOTAL 090 Holding Account							109724
Redistribution Fund Group			$	100,000	$	100,000	109725
TOTAL ALL BUDGET FUND GROUPS			$	2,282,015,074	$	2,289,560,667	109726

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	109727
EXEMPTION	109728

The foregoing appropriation item 110901, Property Tax	109729
Allocation - Taxation, is hereby appropriated to pay for the	109730
state's costs incurred due to the Homestead Exemption, the	109731
Manufactured Home Property Tax Rollback, and the Property Tax	109732
Rollback. The Tax Commissioner shall distribute these funds	109733
directly to the appropriate local taxing districts, except for	109734
school districts, notwithstanding the provisions in sections	109735
321.24 and 323.156 of the Revised Code, which provide for payment	109736
of the Homestead Exemption, the Manufactured Home Property Tax	109737
Rollback, and Property Tax Rollback by the Tax Commissioner to the	109738
appropriate county treasurer and the subsequent redistribution of	109739
these funds to the appropriate local taxing districts by the	109740
county auditor.	109741

Upon receipt of these amounts, each local taxing district	109742
shall distribute the amount among the proper funds as if it had	109743
been paid as real property taxes. Payments for the costs of	109744
administration shall continue to be paid to the county treasurer	109745
and county auditor as provided for in sections 319.54, 321.26, and	109746
323.156 of the Revised Code.	109747

Any sums, in addition to the amounts specifically	109748
appropriated in appropriation item 110901, Property Tax Allocation	109749
- Taxation, for the Homestead Exemption, the Manufactured Home	109750
Property Tax Rollback, and the Property Tax Rollback payments,	109751
which are determined to be necessary for these purposes, are	109752
hereby appropriated.	109753

MUNICIPAL INCOME TAX

109754

The foregoing appropriation item 110995, Municipal Income	109755
Tax, shall be used to make payments to municipal corporations	109756
under section 5745.05 of the Revised Code. If it is determined	109757
that additional appropriations are necessary to make such	109758
payments, such amounts are hereby appropriated.	109759

TAX REFUNDS

109760

The foregoing appropriation item 110635, Tax Refunds, shall	109761
be used to pay refunds under section 5703.052 of the Revised Code.	109762
If it is determined that additional appropriations are necessary	109763
for this purpose, such amounts are hereby appropriated.	109764

INTERNATIONAL REGISTRATION PLAN AUDIT

109765

The foregoing appropriation item 110616, International	109766
Registration Plan, shall be used under section 5703.12 of the	109767
Revised Code for audits of persons with vehicles registered under	109768
the International Registration Plan.	109769

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

109770

Of the foregoing appropriation item 110607, Local Tax	109771
Administration, the Tax Commissioner may disburse funds, if	109772
available, for the purposes of paying travel expenses incurred by	109773
members of Ohio's delegation to the Streamlined Sales Tax Project,	109774
as appointed under section 5740.02 of the Revised Code. Any travel	109775
expense reimbursement paid for by the Department of Taxation shall	109776
be done in accordance with applicable state laws and guidelines.	109777

CENTRALIZED TAX FILING AND PAYMENT FUND

109778

The Director of Budget and Management, under a plan submitted	109779
by the Tax Commissioner, or as otherwise determined by the	109780
Director of Budget and Management, shall set a schedule to	109781
transfer cash from the General Revenue Fund to the credit of the	109782
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	109783
of cash shall not exceed $400,000 in the biennium.	109784

TOBACCO SETTLEMENT ENFORCEMENT

109785

The foregoing appropriation item 110404, Tobacco Settlement	109786
Enforcement, shall be used by the Tax Commissioner to pay costs	109787
incurred in the enforcement of divisions (F) and (G) of section	109788
5743.03 of the Revised Code.	109789

LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT - BUSINESS

109790

Notwithstanding section 5751.22(A)(1)(b) of the Revised Code,	109791
payments to local taxing units by May 31, 2011, required by	109792
section 5751.22(C) of the Revised Code shall be in an amount equal	109793
to each of the losses determined under division (D) of section	109794
5751.20 of the Revised Code multiplied by one hundred per cent.	109795

Section 399.20. COMMERCIAL ACTIVITY TAX

109796

(A) Any term used in this section has the same meaning as in	109797
section 5751.01 of the Revised Code.	109798

(B) A person is not required to pay the annual minimum	109799
commercial activity tax due for calendar year 2005 or 2006 under	109800
Chapter 5751. of the Revised Code if the person satisfies all of	109801
the following:	109802

(1) The person was not subject to the tax for those years	109803
because the person did not have nexus with this state or was an	109804
excluded person under division (E)(1) of section 5751.01 of the	109805
Revised Code;	109806

(2) The person erroneously registered for the tax and failed	109807
to cancel the registration before May 10, 2006;	109808

(3) The person canceled its commercial activity tax	109809
registration before February 10, 2007, and was not required to	109810
file the returns and pay the annual minimum tax due February 9,	109811
2007, February 9, 2008, or February 9, 2009.	109812

(C) The Tax Commissioner shall cancel the registration of	109813
each such person for which the registration has not yet been	109814
canceled.	109815

(D) If such a person paid the tax due for calendar year 2005	109816
or 2006 after being contacted by the Department of Taxation, the	109817
person may request a refund of the amount paid for such a year or	109818
years under section 5751.08 of the Revised Code, notwithstanding	109819
division (E) of that section.	109820

Section 401.10. DOT DEPARTMENT OF TRANSPORTATION

109821

Transportation Modes	109822

General Revenue Fund	109823

GRF	775451	Public Transportation - State	$	19,965,606	$	20,049,147	109824
GRF	776465	Ohio Rail Development Commission	$	3,071,771	$	3,090,162	109825
GRF	776668	Transportation Operating - Federal Stimulus	$	1,352,403	$	1,243,338	109826
GRF	777471	Airport Improvements - State	$	1,191,876	$	1,199,009	109827
TOTAL GRF General Revenue Fund			$	25,581,656	$	25,581,656	109828
TOTAL ALL BUDGET FUND GROUPS			$	25,581,656	$	25,581,656	109829

Section 403.10. TOS TREASURER OF STATE

109831

General Revenue Fund	109832

GRF	090321	Operating Expenses	$	8,381,875	$	8,381,875	109833
GRF	090401	Office of the Sinking	$	537,223	$	537,223	109834
		Fund					109835
GRF	090402	Continuing Education	$	403,959	$	403,959	109836
GRF	090524	Police and Fire	$	8,000	$	7,500	109837
		Disability Pension Fund					109838
GRF	090534	Police and Fire Ad Hoc Cost	$	95,000	$	90,000	109839
		of Living					109840
GRF	090554	Police and Fire Survivor	$	720,000	$	680,000	109841
		Benefits					109842
GRF	090575	Police and Fire Death	$	20,000,000	$	20,000,000	109843
		Benefits					109844
TOTAL GRF General Revenue Fund			$	30,146,057	$	30,100,557	109845

General Services Fund Group	109846

4E90	090603	Securities Lending Income	$	4,492,622	$	4,492,622	109847
5770	090605	Investment Pool	$	550,000	$	550,000	109848
		Reimbursement					109849
5C50	090602	County Treasurer Education	$	150,000	$	150,000	109850
6050	090609	Treasurer of State	$	185,000	$	185,000	109851
		Administrative Fund					109852
TOTAL GSF General Services							109853
Fund Group			$	5,377,622	$	5,377,622	109854

Agency Fund Group	109855

4250	090635	Tax Refunds	$	31,000,000	$	31,000,000	109856
TOTAL Agency Fund Group			$	31,000,000	$	31,000,000	109857
TOTAL ALL BUDGET FUND GROUPS			$	66,523,679	$	66,478,179	109858

Section 403.20. OFFICE OF THE SINKING FUND

109860

The foregoing appropriation item 090401, Office of the	109861
Sinking Fund, shall be used for costs incurred by or on behalf of	109862
the Commissioners of the Sinking Fund and the Ohio Public	109863
Facilities Commission with respect to State of Ohio general	109864
obligation bonds or notes, and the Treasurer of State with respect	109865
to State of Ohio general obligation and special obligation bonds	109866
or notes, including, but not limited to, printing, advertising,	109867
delivery, rating fees and the procurement of ratings, professional	109868
publications, membership in professional organizations, and other	109869
services referred to in division (D) of section 151.01 of the	109870
Revised Code. The General Revenue Fund shall be reimbursed for	109871
such costs relating to the issuance and administration of Highway	109872
Capital Improvement bonds or notes authorized under Ohio	109873
Constitution, Article VIII, Section 2m and Chapter 151. of the	109874
Revised Code. That reimbursement shall be made from appropriation	109875
item 155902, Highway Capital Improvement Bond Retirement Fund, by	109876
intrastate transfer voucher pursuant to a certification by the	109877
Office of the Sinking Fund of the actual amounts used. The	109878
amounts necessary to make such a reimbursement are hereby	109879
appropriated from the Highway Capital Improvement Bond Retirement	109880
Fund created in section 151.06 of the Revised Code.	109881

POLICE AND FIRE DEATH BENEFIT FUND

109882

The foregoing appropriation item 090575, Police and Fire	109883
Death Benefits, shall be disbursed quarterly by the Treasurer of	109884
State at the beginning of each quarter of each fiscal year to the	109885
Board of Trustees of the Ohio Police and Fire Pension Fund. The	109886
Treasurer of State shall certify such amounts quarterly to the	109887
Director of Budget and Management. By the twentieth day of June of	109888
each fiscal year, the Board of Trustees of the Ohio Police and	109889
Fire Pension Fund shall certify to the Treasurer of State the	109890
amount disbursed in the current fiscal year to make the payments	109891
required by section 742.63 of the Revised Code and shall return to	109892
the Treasurer of State moneys received from this appropriation	109893
item but not disbursed.	109894

TAX REFUNDS

109895

The foregoing appropriation item 090635, Tax Refunds, shall	109896
be used to pay refunds under section 5703.052 of the Revised Code.	109897
If the Director of Budget and Management determines that	109898
additional amounts are necessary for this purpose, such amounts	109899
are hereby appropriated.	109900

Section 405.10. TTA OHIO TUITION TRUST

109901

State Special Revenue Fund Group	109902

5P30	095602	Variable Savings Plans	$	6,175,707	$	6,156,515	109903
6450	095601	Guaranteed Savings Plan	$	842,959	$	862,150	109904
TOTAL SSR State Special Revenue							109905
Fund Group			$	7,018,666	$	7,018,665	109906
TOTAL ALL BUDGET FUND GROUPS			$	7,018,666	$	7,018,665	109907

FUND ABOLITION

109908

On July 1, 2009, or as soon as possible thereafter, the	109909
Director of Budget and Management shall transfer the cash balance	109910
in the Index Savings Plan Fund (Fund 5AM0) to the Variable Savings	109911
Fund (Fund 5P30). The Director shall cancel any existing	109912
encumbrances against appropriation item 095603, Index Savings	109913
Plan, and re-establish them against appropriation item 095602,	109914
Variable Savings Plans. The re-established encumbrance amounts	109915
are hereby appropriated. Upon completion of these transfers, Fund	109916
5AM0 is hereby abolished.	109917

On July 1, 2009, or as soon as possible thereafter, the	109918
Director of Budget and Management shall transfer the cash balance	109919
in the Banking Products Fund (Fund 5DC0) to the Variable College	109920
Savings Fund (Fund 5P30). The Director shall cancel any existing	109921
encumbrances against appropriation item 095604, Banking Products,	109922
and re-establish them against appropriation item 095602, Variable	109923
Savings Plans. The re-established encumbrance amounts are hereby	109924
appropriated. Upon completion of these transfers, Fund 5DC0 is	109925
hereby abolished.	109926

Section 407.10. VTO VETERANS' ORGANIZATIONS

109927

General Revenue Fund	109928

VAP AMERICAN EX-PRISONERS OF WAR	109929

GRF

743501

State Support

27,533

109930

VAN ARMY AND NAVY UNION, USA, INC.	109931

GRF

746501

State Support

60,513

109932

VKW KOREAN WAR VETERANS	109933

GRF

747501

State Support

54,398

109934

VJW JEWISH WAR VETERANS	109935

GRF

748501

State Support

32,687

109936

VCW CATHOLIC WAR VETERANS	109937

GRF

749501

State Support

63,789

109938

VPH MILITARY ORDER OF THE PURPLE HEART	109939

GRF

750501

State Support

62,015

109940

VVV VIETNAM VETERANS OF AMERICA	109941

GRF

751501

State Support

204,549

109942

VAL AMERICAN LEGION OF OHIO	109943

GRF

752501

State Support

332,561

109944

VII AMVETS	109945

GRF

753501

State Support

316,711

109946

VAV DISABLED AMERICAN VETERANS	109947

GRF

754501

State Support

237,939

109948

VMC MARINE CORPS LEAGUE	109949

GRF

756501

State Support

127,569

109950

V37 37TH DIVISION AEF VETERANS' ASSOCIATION	109951

GRF

757501

State Support

6,541

109952

VFW VETERANS OF FOREIGN WARS	109953

GRF

758501

State Support

271,277

109954

TOTAL GRF General Revenue Fund					$	1,798,082		$	1,798,082		109955
TOTAL ALL BUDGET FUND GROUPS					$	1,798,082		$	1,798,082		109956

RELEASE OF FUNDS

109957

The Director of Budget and Management may release the	109958
foregoing appropriation items 743501, 746501, 747501, 748501,	109959
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	109960
and 758501, State Support.	109961

Section 409.10. DVS DEPARTMENT OF VETERANS SERVICES

109962

General Revenue Fund	109963

GRF	900100	Personal Services	$	25,219,282	$	25,219,282	109964
GRF	900200	Maintenance	$	4,427,264	$	4,427,264	109965
GRF	900402	Hall of Fame	$	118,750	$	118,750	109966
GRF	900403	Veteran Record Conversion	$	40,631	$	40,631	109967
GRF	900408	Department of Veterans Services	$	2,283,100	$	2,283,100	109968
TOTAL GRF General Revenue Fund			$	32,089,027	$	32,089,027	109969

General Services Fund Group	109970

4840	900603		Veterans Home Services		$	770,000		$	850,000		109971
TOTAL GSF General Services Fund Group					$	770,000		$	850,000		109972

Federal Special Revenue Fund Group	109973

3680	900614	Veterans Training	$	745,892	$	745,892	109974
3740	900606	Troops to Teachers	$	100,000	$	100,000	109975
3BX0	900609	Medicare Services	$	2,000,000	$	2,200,000	109976
3L20	900601	Veterans Home Operations - Federal	$	16,979,245	$	17,454,046	109977
TOTAL FED Federal Special Revenue							109978
Fund Group			$	19,825,137	$	20,499,938	109979

State Special Revenue Fund Group	109980

4E20	900602	Veterans Home Operating	$	9,314,438	$	9,780,751	109981
6040	900604	Veterans Home Improvement	$	1,541,020	$	1,700,000	109982
TOTAL SSR State Special Revenue							109983
Fund Group			$	10,855,458	$	11,480,751	109984
TOTAL ALL BUDGET FUND GROUPS			$	63,539,622	$	64,919,716	109985

Section 411.10. DVM STATE VETERINARY MEDICAL BOARD

109987

General Services Fund Group	109988

4K90	888609	Operating Expenses	$	327,312	$	327,312	109989
TOTAL GSF General Services							109990
Fund Group			$	327,312	$	327,312	109991
TOTAL ALL BUDGET FUND GROUPS			$	327,312	$	327,312	109992

Section 413.10. DYS DEPARTMENT OF YOUTH SERVICES

109994

General Revenue Fund	109995

GRF	470401	RECLAIM Ohio	$	201,695,971	$	192,963,840	109996
GRF	470412	Lease Rental Payments	$	23,460,900	$	26,043,900	109997
GRF	470510	Youth Services	$	18,558,587	$	18,558,587	109998
GRF	470640	RECLAIM - Federal Stimulus	$	3,767,869	$	0	109999
GRF	472321	Parole Operations	$	13,400,020	$	13,400,020	110000
GRF	477321	Administrative Operations	$	14,754,419	$	14,754,419	110001
TOTAL GRF General Revenue Fund			$	275,637,766	$	265,720,766	110002

General Services Fund Group	110003

1750	470613	Education Reimbursement	$	11,000,000	$	11,000,000	110004
4790	470609	Employee Food Service	$	200,000	$	150,000	110005
4A20	470602	Child Support	$	450,000	$	450,000	110006
4G60	470605	General Operational Funds	$	250,000	$	250,000	110007
5BN0	470629	E-Rate Program	$	35,000	$	35,000	110008
TOTAL GSF General Services							110009
Fund Group			$	11,935,000	$	11,885,000	110010

Federal Special Revenue Fund Group	110011

3210	470601	Education	$	6,531,076	$	5,455,413	110012
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	110013
3210	470606	Nutrition	$	2,750,000	$	2,750,000	110014
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	110015
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	110016
3BH0	470630	Federal Juvenile Programs FFY 06	$	50,000	$	0	110017
3BT0	470634	Federal Juvenile Programs	$	50,000	$	0	110018
3BY0	470635	Federal Juvenile Programs FFY 07	$	334,000	$	335,000	110019
3BZ0	470636	Federal Juvenile Programs FFY 08	$	653,350	$	570,700	110020
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	500,000	110021
3CR0	470639	Federal Juvenile Programs FFY 10	$	0	$	500,000	110022
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,935,300	$	2,361,000	110023
3Z80	470625	Federal Juvenile Programs FFY 04	$	2,000	$	0	110024
3Z90	470626	Federal Juvenile Programs FFY 05	$	2,000	$	0	110025
TOTAL FED Federal Special Revenue							110026
Fund Group			$	19,143,726	$	18,808,113	110027

State Special Revenue Fund Group	110028

1470	470612	Vocational Education	$	2,166,296	$	2,788,906	110029
5BH0	470628	Partnerships for Success	$	1,500,000	$	1,500,000	110030
TOTAL SSR State Special Revenue							110031
Fund Group			$	3,666,296	$	4,288,906	110032
TOTAL ALL BUDGET FUND GROUPS			$	310,382,788	$	300,702,785	110033

RECLAIM OHIO

110034

Of the foregoing appropriation item 470401, RECLAIM Ohio,	110035
$2,500,000 in each fiscal year shall be used to support Behavioral	110036
Health/Juvenile Justice programs.	110037

OHIO BUILDING AUTHORITY LEASE PAYMENTS

110038

The foregoing appropriation item 470412, Lease Rental	110039
Payments, shall be used to meet all payments to the Ohio Building	110040
Authority for the period from July 1, 2009, to June 30, 2011,	110041
under the leases and agreements for facilities made under Chapter	110042
152. of the Revised Code. This appropriation is the source of	110043
funds pledged for bond service charges on related obligations	110044
issued pursuant to Chapter 152. of the Revised Code.	110045

EDUCATION REIMBURSEMENT

110046

The foregoing appropriation item 470613, Education	110047
Reimbursement, shall be used to fund the operating expenses of	110048
providing educational services to youth supervised by the	110049
Department of Youth Services. Operating expenses include, but are	110050
not limited to, teachers' salaries, maintenance costs, and	110051
educational equipment. This appropriation item may be used for	110052
capital expenses related to the education program.	110053

EMPLOYEE FOOD SERVICE AND EQUIPMENT

110054

Notwithstanding section 125.14 of the Revised Code, the	110055
foregoing appropriation item 470609, Employee Food Service, may be	110056
used to purchase any food operational items with funds received	110057
into the fund from reimbursements for state surplus property.	110058

Section 503.10. PERSONAL SERVICE EXPENSES

110059

Unless otherwise prohibited by law, any appropriation from	110060
which personal service expenses are paid shall bear the employer's	110061
share of public employees' retirement, workers' compensation,	110062
disabled workers' relief, and all group insurance programs; the	110063
costs of centralized accounting, centralized payroll processing,	110064
and related personnel reports and services; the cost of the Office	110065
of Collective Bargaining; the cost of the Employee Assistance	110066
Program; the cost of the affirmative action and equal employment	110067
opportunity programs administered by the Department of	110068
Administrative Services; the costs of interagency information	110069
management infrastructure; and the cost of administering the state	110070
employee merit system as required by section 124.07 of the Revised	110071
Code. These costs shall be determined in conformity with the	110072
appropriate sections of law and paid in accordance with procedures	110073
specified by the Office of Budget and Management. Expenditures	110074
from appropriation item 070601, Public Audit Expense - Local	110075
Government, may be exempted from the requirements of this section.	110076

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	110077
AGAINST THE STATE	110078

Except as otherwise provided in this section, an	110079
appropriation in this act or any other act may be used for the	110080
purpose of satisfying judgments, settlements, or administrative	110081
awards ordered or approved by the Court of Claims or by any other	110082
court of competent jurisdiction in connection with civil actions	110083
against the state. This authorization does not apply to	110084
appropriations to be applied to or used for payment of guarantees	110085
by or on behalf of the state, or for payments under lease	110086
agreements relating to, or debt service on, bonds, notes, or other	110087
obligations of the state. Notwithstanding any other statute to the	110088
contrary, this authorization includes appropriations from funds	110089
into which proceeds of direct obligations of the state are	110090
deposited only to the extent that the judgment, settlement, or	110091
administrative award is for, or represents, capital costs for	110092
which the appropriation may otherwise be used and is consistent	110093
with the purpose for which any related obligations were issued or	110094
entered into. Nothing contained in this section is intended to	110095
subject the state to suit in any forum in which it is not	110096
otherwise subject to suit, and is not intended to waive or	110097
compromise any defense or right available to the state in any suit	110098
against it.	110099

Section 503.30. CAPITAL PROJECT SETTLEMENTS

110100

This section specifies an additional and supplemental	110101
procedure to provide for payments of judgments and settlements if	110102
the Director of Budget and Management determines, pursuant to	110103
division (C)(4) of section 2743.19 of the Revised Code, that	110104
sufficient unencumbered moneys do not exist in the fund to support	110105
a particular appropriation to pay the amount of a final judgment	110106
rendered against the state or a state agency, including the	110107
settlement of a claim approved by a court, in an action upon and	110108
arising out of a contractual obligation for the construction or	110109
improvement of a capital facility if the costs under the contract	110110
were payable in whole or in part from a state capital projects	110111
appropriation. In such a case, the Director may either proceed	110112
pursuant to division (C)(4) of section 2743.19 of the Revised Code	110113
or apply to the Controlling Board to increase an appropriation or	110114
create an appropriation out of any unencumbered moneys in the	110115
state treasury to the credit of the capital projects fund from	110116
which the initial state appropriation was made. The amount of an	110117
increase in appropriation or new appropriation approved by the	110118
Controlling Board is hereby appropriated from the applicable	110119
capital projects fund and made available for the payment of the	110120
judgment or settlement.	110121

If the Director does not make the application authorized by	110122
this section or the Controlling Board disapproves the application,	110123
and the Director does not make application under division (C)(4)	110124
of section 2743.19 of the Revised Code, the Director shall for the	110125
purpose of making that payment make a request to the General	110126
Assembly as provided for in division (C)(5) of that section.	110127

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

110128

In order to provide funds for the reissuance of voided	110129
warrants under section 117.47 of the Revised Code, there is hereby	110130
appropriated, out of moneys in the state treasury from the fund	110131
credited as provided in section 117.47 of the Revised Code, that	110132
amount sufficient to pay such warrants when approved by the Office	110133
of Budget and Management.	110134

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	110135
BALANCES OF OPERATING APPROPRIATIONS	110136

(A) An unexpended balance of an operating appropriation or	110137
reappropriation that a state agency lawfully encumbered prior to	110138
the close of a fiscal year is hereby reappropriated for the	110139
following fiscal year from the fund from which it was originally	110140
appropriated or reappropriated for the following period and	110141
shall remain available only for the purpose of discharging the	110142
encumbrance:	110143

(1) For an encumbrance for personal services, maintenance,	110144
equipment, or items for resale, other than an encumbrance for an	110145
item of special order manufacture not available on term contract	110146
or in the open market or for reclamation of land or oil and gas	110147
wells, for a period of not more than five months from the end of	110148
the fiscal year;	110149

(2) For an encumbrance for an item of special order	110150
manufacture not available on term contract or in the open market,	110151
for a period of not more than five months from the end of the	110152
fiscal year or, with the written approval of the Director of	110153
Budget and Management, for a period of not more than twelve months	110154
from the end of the fiscal year;	110155

(3) For an encumbrance for reclamation of land or oil and gas	110156
wells, for a period ending when the encumbered appropriation is	110157
expended or for a period of two years, whichever is less;	110158

(4) For an encumbrance for any other expense, for such period	110159
as the Director approves, provided such period does not exceed two	110160
years.	110161

(B) For an encumbrance described in division (A)(1) of this	110162
section to remain available for more than five months from the end	110163
of the fiscal year, an agency shall, not later than November 1 of	110164
each fiscal year, make a request in writing to the Director of	110165
Budget and Management to maintain the encumbrance. The Director	110166
may exempt the encumbrance from cancellation for a specified	110167
period deemed appropriate. The exempted encumbrance is hereby	110168
reappropriated. If the request is not received by November 1, or	110169
if the request is not approved, the Director shall cancel the	110170
encumbrance.	110171

(C) Any operating appropriations for which unexpended	110172
balances are reappropriated beyond a five-month period from the	110173
end of the fiscal year by division (A)(2) of this section shall be	110174
reported to the Controlling Board by the Director of Budget and	110175
Management by the thirty-first day of December of each year. The	110176
report on each such item shall include the item, the cost of the	110177
item, and the name of the vendor. The report shall be updated on	110178
a quarterly basis for encumbrances remaining open.	110179

(D) Except as provided in division (E) of this section, upon	110180
the expiration of the reappropriation period set out in division	110181
(A) or (B) of this section, a reappropriation made by this section	110182
lapses, and the Director of Budget and Management shall cancel	110183
the encumbrance of the unexpended reappropriation not later than	110184
the end of the weekend following the expiration of the	110185
reappropriation period.	110186

(E) With the approval of the Director of Budget and	110187
Management, an unexpended balance of an encumbrance that was	110188
reappropriated by this section for a period specified in	110189
division (A)(3) or (4) of this section and that remains	110190
encumbered at the close of the fiscal biennium is hereby	110191
reappropriated for the following fiscal biennium from the fund	110192
from which it was originally appropriated or reappropriated for	110193
the applicable period specified in division (A)(3) or (4) of this	110194
section and shall remain available only for the purpose of	110195
discharging the encumbrance.	110196

(F) The Director of Budget and Management may correct	110197
accounting errors committed by the staff of the Office of Budget	110198
and Management, such as re-establishing encumbrances or	110199
appropriations cancelled in error, during the cancellation of	110200
operating encumbrances in November and of nonoperating	110201
encumbrances in December.	110202

(G) If the Controlling Board approved a purchase, that	110203
approval remains in effect so long as the appropriation used to	110204
make that purchase remains encumbered.	110205

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	110206
RE-ESTABLISHMENT OF ENCUMBRANCES	110207

Any cash transferred by the Director of Budget and Management	110208
under section 126.15 of the Revised Code is hereby appropriated.	110209
Any amounts necessary to re-establish appropriations or	110210
encumbrances under section 126.15 of the Revised Code are hereby	110211
appropriated.	110212

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

110213

There are hereby appropriated out of any moneys in the state	110214
treasury to the credit of the General Revenue Fund, which are not	110215
otherwise appropriated, funds sufficient to make any payment	110216
required by division (B)(2) of section 5747.03 of the Revised	110217
Code.	110218

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	110219
APPROVED BY THE CONTROLLING BOARD	110220

Any money that the Controlling Board approves for expenditure	110221
or any increase in appropriation that the Controlling Board	110222
approves under sections 127.14, 131.35, and 131.39 of the Revised	110223
Code or any other provision of law is hereby appropriated for the	110224
period ending June 30, 2011.	110225

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	110226
RESIDENCE	110227

If the Governor's Residence Fund (Fund 4H20) receives payment	110228
for use of the residence pursuant to section 107.40 of the Revised	110229
Code, the amounts so received are hereby appropriated to	110230
appropriation item 100604, Governor's Residence Gift.	110231

Section 503.95. SOUTHEASTERN OHIO PORT AUTHORITY	110232
CONTAINER-ON-BARGE STUDY	110233

Of appropriation item 771411, Planning and Research - State,	110234
appropriated in the transportation budget act, H.B. 2 of the 128th	110235
General Assembly, for fiscal years 2010 and 2011, $100,000 in	110236
fiscal year 2010 shall be used for the Southeastern Ohio Port	110237
Authority to complete a study of and to implement	110238
container-on-barge service on the Ohio River. The study shall take	110239
into account cargo origin and destinations, cost comparisons,	110240
target cargoes, and required infrastructure.	110241

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

110242

Unless the agency and nuclear electric utility mutually agree	110243
to a higher amount by contract, the maximum amounts that may be	110244
assessed against nuclear electric utilities under division (B)(2)	110245
of section 4937.05 of the Revised Code and deposited into the	110246
specified funds are as follows:	110247

Fund	User		FY 2010		FY 2011	110248
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	134,631	$	134,631	110249
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	887,445	$	920,372	110250
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	286,114	$	286,114	110251
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,413,889	$	1,415,945	110252

Section 506.20. On July 1, 2009, and on the first day of the	110253
month for each month thereafter, the Treasurer of State, before	110254
making any of the distributions specified in sections 5735.23,	110255
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	110256
the first 2 per cent of the amount of motor fuel tax received for	110257
the preceding calendar month to the credit of the Highway	110258
Operating Fund (Fund 7002). Upon the written request of the	110259
Director of Public Safety, the Director of Budget and Management	110260
may make periodic transfers of cash totaling $16,220,000 in each	110261
fiscal year from Fund 7002 to the State Highway Safety Fund (Fund	110262
7036).	110263

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	110264
INTEREST EARNED	110265

Notwithstanding any provision of law to the contrary, the	110266
Director of Budget and Management, through June 30, 2011, may	110267
transfer interest earned by any state fund to the General Revenue	110268
Fund. This section does not apply to funds whose source of	110269
revenue is restricted or protected by the Ohio Constitution,	110270
federal tax law, or the "Cash Management Improvement Act of	110271
1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.	110272

Section 512.20. CASH TRANSFERS FROM REPARATIONS FUND (Fund	110273
4020) TO DISASTER PREPAREDNESS FUND (Fund 5EX0)	110274

Notwithstanding any provision of law to the contrary, on	110275
July 1 of each fiscal year, or as soon as possible thereafter,	110276
the Director of Budget and Management shall transfer $350,000	110277
cash from the Reparations Fund (Fund 4020) to the Disaster	110278
Preparedness Fund (Fund 5EX0).	110279

Section 512.30. GRF TRANSFER TO THE OAKS PROJECT	110280
IMPLEMENTATION FUND	110281

On July 1 of each fiscal year, or as soon as possible	110282
thereafter, the Director of Budget and Management shall transfer	110283
an amount not to exceed $2,100,000 cash from the General Revenue	110284
Fund to the OAKS Project Implementation Fund (Fund 5N40).	110285

Section 512.40. TRANSFERS FROM THE BUDGET STABILIZATION FUND

110286

Notwithstanding any provision of law to the contrary, the	110287
Director of Budget and Management, in either year of the biennium,	110288
may transfer cash from the Budget Stabilization Fund to the	110289
General Revenue Fund in order to balance General Revenue Fund	110290
revenues with General Revenue Fund expenditures. Within ten days	110291
of any such transfer, the Director shall notify the Governor, the	110292
Speaker of the House of Representatives, the President of the	110293
Senate, and the Minority Leaders of the House of Representatives	110294
and the Senate of the date and amount of the transfer and the cash	110295
balance remaining in the Budget Stabilization Fund.	110296

Section 512.50. TRANSFER FROM EDUCATION FACILITIES TRUST FUND	110297
TO GRF	110298

Notwithstanding section 183.26 of the Revised Code, the	110299
Director of Budget and Management shall transfer $200,000,000 cash	110300
in either fiscal year 2010 or fiscal year 2011 from the Education	110301
Facilities Trust Fund (Fund N087), which is used by the School	110302
Facilities Commission, to the General Revenue Fund. Not later	110303
than June 30, 2013, $200,000,000 cash shall be deposited into	110304
Fund N087, or another fund of the Commission, for the purpose of	110305
constructing or renovating school facilities pursuant to Chapter	110306
3318. of the Revised Code.	110307

Section 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND	110308
FROM NON-GRF FUNDS	110309

Notwithstanding any provision of law to the contrary, during	110310
fiscal years 2010 and 2011, the Director of Budget and Management	110311
may transfer cash from non-General Revenue Funds that are not	110312
constitutionally restricted to the General Revenue Fund in order	110313
to ensure that available General Revenue Fund receipts and	110314
balances are sufficient to support General Revenue Fund	110315
appropriations in each fiscal year.	110316

Before September 1 of each fiscal year, the Director of	110317
Budget and Management shall prepare quarterly estimates	110318
identifying funds in the state treasury from which cash transfers	110319
are to be made and the anticipated amount of these cash transfers.	110320
Beginning with the quarter ending September 30, 2009, and on a	110321
quarterly basis thereafter, the Director of Budget and Management	110322
shall prepare a summary comparing the estimated and actual amounts	110323
of these cash transfers by fund. This quarterly summary shall be	110324
included in the report required under section 126.05 of the	110325
Revised Code.	110326

Section 512.75. GRF TRANSFER TO THE ENVIRONMENTAL JUSTICE	110327
FUND	110328

On July 1 of each fiscal year, or as soon as possible	110329
thereafter, the Director of Budget and Management may transfer up	110330
to $260,000 from the General Revenue Fund to the Environmental	110331
Justice Fund created in section 3745.58 of the Revised Code as	110332
enacted by this act.	110333

Section 512.80. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE	110334
INTRA-STATE FUND	110335

On July 1, 2009, or as soon as possible thereafter, the	110336
Director of Budget and Management shall transfer $400,900 cash	110337
from the General Revenue Fund to the Public Audit Expense	110338
Intra-State Fund (Fund 1090). The amounts transferred are hereby	110339
appropriated to help pay for expenses incurred in the Auditor of	110340
State's role relating to fiscal caution, fiscal watch, and fiscal	110341
emergency activities as defined in Chapter 3316. of the Revised	110342
Code and for performance audits for school districts in fiscal	110343
distress.	110344

Section 512.90. STATE AGENCY ADMINISTRATIVE COST SAVINGS AND	110345
EFFICIENCY	110346

Notwithstanding any provision of law to the contrary, a state	110347
agency may enter into one or more agreements with another state	110348
agency or agencies to achieve administrative cost savings and	110349
greater efficiency. Subject to sections 124.321 to 124.328 of the	110350
Revised Code, a state agency may identify employees who may be	110351
transferred to another agency for the purpose of consolidating	110352
finance, human resources, legal, or other administrative	110353
functions. In addition, state agencies may share office equipment,	110354
office space, or other agency assets to the extent such an	110355
arrangement would create savings in rental, lease, or other	110356
contractual expenses. The Director of Budget and Management, in	110357
accordance with section 126.21 of the Revised Code, may take any	110358
actions with regard to state agency budget changes, program	110359
transfers, the creation of new funds, or the consolidation of	110360
funds as necessary due to the administrative reorganization or	110361
consolidation for purposes of cost savings and greater efficiency	110362
pursuant to this section.	110363

Section 515.10. On and after the effective date of section	110364
3354.24 of the Revised Code as enacted by Sub. H.B. 1 of the 128th	110365
General Assembly:	110366

(A) The board of trustees of the Eastern Gateway Community	110367
College District (the District) shall have the powers and duties	110368
formerly prescribed as powers and duties of the board of trustees	110369
of the Jefferson County Community College District and any	110370
additional powers and duties granted or imposed by law.	110371

(B) The board of trustees of the District assumes the	110372
obligations of, and is the successor to and continuation of, the	110373
board of trustees of the Jefferson County Community College	110374
District.	110375

(C) Any business commenced but not completed by the board of	110376
trustees of the Jefferson County Community College District shall	110377
be completed by the board of trustees of the District in the same	110378
manner, and with the same effect, as if completed by the board of	110379
trustees of the Jefferson County Community College District. No	110380
validation, cure, right, privilege, remedy, obligation, or	110381
liability is lost or impaired by reason of the enactment by this	110382
act of this section and section 3354.24 of the Revised Code.	110383

(D) Rules of the board of trustees of the Jefferson County	110384
Community College District shall continue as rules for the board	110385
of trustees of the District until amended or rescinded by the	110386
board of trustees of the District.	110387

(E) Any reference in statute, rule, contract, grant, or other	110388
document to the board of trustees of the Jefferson County	110389
Community College District shall be construed to refer to the	110390
board of trustees of the District.	110391

(F) No judicial, administrative, or other proceeding to which	110392
the board of trustees of the Jefferson County Community College	110393
District is a party and that is pending on the effective date of	110394
this section shall be affected by the enactment by this act of	110395
this section and section 3354.24 of the Revised Code. Upon	110396
application to the court or other tribunal, the board of trustees	110397
of the District shall be substituted for the board of trustees of	110398
the Jefferson County Community College District as a party to the	110399
action or proceeding, and the action shall be prosecuted or	110400
defended in the name of the board of trustees of the District.	110401

(G) All books, records, documents, files, transcripts,	110402
equipment, furniture, supplies, and other materials assigned to or	110403
possessed by the board of trustees of the Jefferson County	110404
Community College District shall be transferred to the board of	110405
trustees of the District.	110406

(H) The employees of the board of trustees of the Jefferson	110407
County Community College District shall be employees of the board	110408
of trustees of the District.	110409

Section 515.20. On the effective date of this section, the	110410
duties, responsibilities, and functions of the Ohio Board of	110411
Regents under sections 4741.41, 4741.44, 4741.45, and 4741.46 of	110412
the Revised Code and its assets and liabilities under those	110413
sections are transferred to the State Veterinary Medical Licensing	110414
Board. The State Veterinary Medical Licensing Board assumes the	110415
obligations and authority of the Ohio Board of Regents with regard	110416
to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the Revised	110417
Code. No right, privilege, or remedy, and no duty, liability, or	110418
obligation, accrued by the Ohio Board of Regents under sections	110419
4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code is	110420
impaired or lost by reason of the transfer and shall be	110421
recognized, administered, performed, or enforced by the State	110422
Veterinary Medical Licensing Board.	110423

Business commenced but not completed by the Ohio Board of	110424
Regents with regard to sections 4741.41, 4741.44, 4741.45, and	110425
4741.46 of the Revised Code shall be completed by the State	110426
Veterinary Medical Licensing Board in the same manner, and with	110427
the same effect, as if completed by the Ohio Board of Regents.	110428

All determinations of the Ohio Board of Regents that are made	110429
pursuant to sections 4741.41, 4741.44, 4741.45, and 4741.46 of the	110430
Revised Code continue in effect as determinations of the State	110431
Veterinary Medical Licensing Board until modified or rescinded by	110432
the State Veterinary Medical Licensing Board.	110433

Whenever the Ohio Board of Regents is referred to in statute,	110434
contract, or other instrument for the purposes of sections	110435
4741.41, 4741.44, 4741.45, and 4741.46 of the Revised Code, the	110436
reference is deemed to refer to the State Veterinary Medical	110437
Licensing Board.	110438

No pending action or proceeding being prosecuted or defended	110439
in court or before any agency by the Ohio Board of Regents for the	110440
purposes of sections 4741.41, 4741.44, 4741.45, and 4741.46 of the	110441
Revised Code is affected by the transfer and shall be prosecuted	110442
or defended in the name of the State Veterinary Medical Licensing	110443
Board. Upon application to the court or agency, the State	110444
Veterinary Medical Licensing Board shall be substituted as a	110445
party.	110446

Section 515.30. On the effective date of this section, the	110447
Division of Soil and Water Conservation in the Department of	110448
Natural Resources is renamed the Division of Soil and Water	110449
Resources. The Division of Soil and Water Conservation's	110450
functions, and its assets and liabilities, are transferred to the	110451
Division of Soil and Water Resources. The Division of Soil and	110452
Water Resources is successor to, assumes the obligations and	110453
authority of, and otherwise continues the Division of Soil and	110454
Water Conservation. No right, privilege, or remedy, and no duty,	110455
liability, or obligation, accrued under the Division of Soil and	110456
Water Conservation is impaired or lost by reason of the renaming	110457
and shall be recognized, administered, performed, or enforced by	110458
the Division of Soil and Water Resources.	110459

Business commenced but not completed by the Division of Soil	110460
and Water Conservation or by the Chief of the Division of Soil and	110461
Water Conservation shall be completed by the Division of Soil and	110462
Water Resources or the Chief of the Division of Soil and Water	110463
Resources in the same manner, and with the same effect, as if	110464
completed by the Division of Soil and Water Conservation or the	110465
Chief of the Division of Soil and Water Conservation.	110466

All of the Division of Soil and Water Conservation's rules,	110467
orders, and determinations continue in effect as rules, orders,	110468
and determinations of the Division of Soil and Water Resources	110469
until modified or rescinded by the Division of Soil and Water	110470
Resources.	110471

Subject to the layoff provisions of sections 124.321 to	110472
124.382 of the Revised Code, all employees of the Division of Soil	110473
and Water Conservation continue with the Division of Soil and	110474
Water Resources and retain their positions and all benefits	110475
accruing thereto.	110476

The Director of Budget and Management shall determine the	110477
amount of unexpended balances in the appropriation accounts that	110478
pertain to the Division of Soil and Water Conservation and shall	110479
recommend to the Controlling Board their transfer to the	110480
appropriation accounts that pertain to the Division of Soil and	110481
Water Resources. The Chief of the Division of Soil and Water	110482
Conservation shall provide full and timely information to the	110483
Controlling Board to facilitate the transfer.	110484

Whenever the Division of Soil and Water Conservation or the	110485
Chief of the Division of Soil and Water Conservation is referred	110486
to in a statute, contract, or other instrument, the reference is	110487
deemed to refer to the Division of Soil and Water Resources or to	110488
the Chief of the Division of Soil and Water Resources, whichever	110489
is appropriate in context.	110490

No pending action or proceeding being prosecuted or defended	110491
in court or before an agency by the Division of Soil and Water	110492
Conservation or the Chief of the Division of Soil and Water	110493
Conservation is affected by the renaming and shall be prosecuted	110494
or defended in the name of the Division of Soil and Water	110495
Resources or the Chief of the Division of Soil and Water	110496
Resources, whichever is appropriate. Upon application to the court	110497
or agency, the Division of Soil and Water Resources or the Chief	110498
of the Division of Soil and Water Resources shall be substituted.	110499

Section 515.40. On the effective date of this section, the	110500
Division of Water in the Department of Natural Resources is	110501
abolished and its functions, and its assets and liabilities, are	110502
transferred to the Division of Soil and Water Resources and the	110503
Division of Parks and Recreation, as applicable, in the Department	110504
of Natural Resources. The Division of Soil and Water Resources and	110505
the Division of Parks and Recreation, as applicable, are	110506
successors to, assume the obligations and authority of, and	110507
otherwise continue the Division of Water. No right, privilege, or	110508
remedy, and no duty, liability, or obligation, accrued under the	110509
Division of Water is impaired or lost by reason of the abolishment	110510
and shall be recognized, administered, performed, or enforced by	110511
the Division of Soil and Water Resources or the Division of Parks	110512
and Recreation, whichever is applicable.	110513

Business commenced but not completed by the Division of Water	110514
or by the Chief of the Division of Water shall be completed by the	110515
Division of Soil and Water Resources or the Chief of the Division	110516
of Soil and Water Resources or by the Division of Parks and	110517
Recreation or the Chief of the Division of Parks and Recreation,	110518
whichever is applicable, in the same manner, and with the same	110519
effect, as if completed by the Division of Water or the Chief of	110520
the Division of Water.	110521

All of the Division of Water's rules, orders, and	110522
determinations continue in effect as rules, orders, and	110523
determinations of the Division of Soil and Water Resources or the	110524
Division of Parks and Recreation, whichever is applicable, until	110525
modified or rescinded by the Division of Soil and Water Resources	110526
or the Division of Parks and Recreation, as applicable. If	110527
necessary to ensure the integrity of the numbering of the	110528
Administrative Code, the Director of the Legislative Service	110529
Commission shall renumber the Division of Water's rules to	110530
reflect their transfer to the Division of Soil and Water Resources	110531
or to the Division of Parks and Recreation, as applicable.	110532

Subject to the layoff provisions of sections 124.321 to	110533
124.382 of the Revised Code, all employees of the Division of	110534
Water are transferred to the Division of Soil and Water Resources	110535
or to the Division of Parks and Recreation, as applicable, and	110536
retain their positions and all benefits accruing thereto.	110537

The Director of Budget and Management shall determine the	110538
amount of unexpended balances in the appropriation accounts that	110539
pertain to the Division of Water and shall recommend to the	110540
Controlling Board their transfer to the appropriation accounts	110541
that pertain to the Division of Soil and Water Resources or the	110542
Division of Parks and Recreation, as applicable. The Chief of the	110543
Division of Water shall provide full and timely information to the	110544
Controlling Board to facilitate the transfer.	110545

Whenever the Division of Water or the Chief of the Division	110546
of Water is referred to in a statute, contract, or other	110547
instrument, the reference is deemed to refer to the Division of	110548
Soil and Water Resources or to the Chief of the Division of Soil	110549
and Water Resources or to the Division of Parks and Recreation or	110550
to the Chief of the Division of Parks and Recreation, whichever is	110551
appropriate in context.	110552

No pending action or proceeding being prosecuted or defended	110553
in court or before an agency by the Division of Water or the Chief	110554
of the Division of Water is affected by the abolishment and shall	110555
be prosecuted or defended in the name of the Division of Soil and	110556
Water Resources or the Chief of the Division of Soil and Water	110557
Resources or of the Division of Parks and Recreation or the Chief	110558
of the Division of Parks and Recreation, whichever is appropriate.	110559
Upon application to the court or agency, the Division of Soil and	110560
Water Resources or the Chief of the Division of Soil and Water	110561
Resources or the Division of Parks and Recreation or the Chief of	110562
the Division of Parks and Recreation, whichever is applicable,	110563
shall be substituted.	110564

Section 515.50. On the effective date of this section, the	110565
Division of Real Estate and Land Management in the Department of	110566
Natural Resources is abolished and its functions, and its assets	110567
and liabilities, are transferred to the Director of Natural	110568
Resources, to the Division of Engineering, and to the Division of	110569
Parks and Recreation, as applicable, in the Department of Natural	110570
Resources. The Director of Natural Resources, the Division of	110571
Engineering, and the Division of Parks and Recreation are	110572
successors to, assume the obligations and authority of, and	110573
otherwise continue the Division of Real Estate and Land	110574
Management. No right, privilege, or remedy, and no duty,	110575
liability, or obligation, accrued under the Division of Real	110576
Estate and Land Management is impaired or lost by reason of the	110577
abolishment and shall be recognized, administered, performed, or	110578
enforced by the Director of Natural Resources, the Division of	110579
Engineering, and the Division of Parks and Recreation, whichever	110580
is applicable.	110581

Business commenced but not completed by the Division of Real	110582
Estate and Land Management or by the Chief of the Division of Real	110583
Estate and Land Management shall be completed by the Director of	110584
Natural Resources, by the Division of Engineering or the Chief	110585
Engineer, or by the Division of Parks and Recreation or the Chief	110586
of the Division of Parks and Recreation, whichever is applicable,	110587
in the same manner, and with the same effect, as if completed by	110588
the Division of Real Estate and Land Management or the Chief of	110589
the Division of Real Estate and Land Management.	110590

All of the Division of Real Estate and Land Management's	110591
rules, orders, and determinations continue in effect as rules,	110592
orders, and determinations of the Director of Natural Resources,	110593
the Division of Engineering, or the Division of Parks and	110594
Recreation, whichever is applicable, until modified or rescinded	110595
by the Director of Natural Resources, the Division of Engineering,	110596
or the Division of Parks and Recreation, as applicable. If	110597
necessary to ensure the integrity of the numbering of the	110598
Administrative Code, the Director of the Legislative Service	110599
Commission shall renumber the Division of Real Estate and Land	110600
Management's rules to reflect their transfer to the Director of	110601
Natural Resources, to the Division of Engineering, or to the	110602
Division of Parks and Recreation, as applicable.	110603

Subject to the layoff provisions of sections 124.321 to	110604
124.382 of the Revised Code, all employees of the Division of Real	110605
Estate and Land Management are transferred to the office of the	110606
Director of Natural Resources, the Division of Engineering, or	110607
the Division of Parks and Recreation, as applicable, and retain	110608
their positions and all benefits accruing thereto.	110609

The Director of Budget and Management shall determine the	110610
amount of unexpended balances in the appropriation accounts that	110611
pertain to the Division of Real Estate and Land Management and	110612
shall recommend to the Controlling Board their transfer to the	110613
appropriation accounts that pertain to the Director of Natural	110614
Resources, the Division of Engineering, or the Division of Parks	110615
and Recreation, as applicable. The Chief of the Division of Real	110616
Estate and Land Management shall provide full and timely	110617
information to the Controlling Board to facilitate the transfer.	110618

Whenever the Division of Real Estate and Land Management or	110619
the Chief of the Division of Real Estate and Land Management is	110620
referred to in a statute, contract, or other instrument, the	110621
reference is deemed to refer to the Director of Natural Resources,	110622
to the Division of Engineering or the Chief Engineer, or to the	110623
Division of Parks and Recreation or the Chief of the Division of	110624
Parks and Recreation, whichever is appropriate in context.	110625

No pending action or proceeding being prosecuted or defended	110626
in court or before an agency by the Division of Real Estate and	110627
Land Management or the Chief of the Division of Real Estate and	110628
Land Management is affected by the abolishment and shall be	110629
prosecuted or defended in the name of the Department of Natural	110630
Resources or the Director of Natural Resources, of the Division	110631
of Engineering or the Chief Engineer, or of the Division of Parks	110632
and Recreation or the Chief of the Division of Parks and	110633
Recreation, whichever is appropriate. Upon application to the	110634
court or agency, the Department of Natural Resources or the	110635
Director of Natural Resources, the Division of Engineering or the	110636
Chief Engineer, or the Division of Parks and Recreation or the	110637
Chief of the Division of Parks and Recreation, whichever is	110638
applicable, shall be substituted.	110639

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

110640

Certain appropriations are in this act for the purpose of	110641
paying debt service and financing costs on general obligation	110642
bonds or notes of the state issued pursuant to the Ohio	110643
Constitution and acts of the General Assembly. If it is determined	110644
that additional appropriations are necessary for this purpose,	110645
such amounts are hereby appropriated.	110646

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	110647
OF STATE	110648

Certain appropriations are in this act for the purpose of	110649
making lease rental payments pursuant to leases and agreements	110650
relating to bonds or notes issued by the Ohio Building Authority	110651
or the Treasurer of State or, previously, by the Ohio Public	110652
Facilities Commission, pursuant to the Ohio Constitution and acts	110653
of the General Assembly. If it is determined that additional	110654
appropriations are necessary for this purpose, such amounts are	110655
hereby appropriated.	110656

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	110657
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	110658

The Office of Budget and Management shall process payments	110659
from general obligation and lease rental payment appropriation	110660
items during the period from July 1, 2009, to June 30, 2011,	110661
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	110662
2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio Constitution, and	110663
Chapters 151. and 154. of the Revised Code. Payments shall be	110664
made upon certification by the Treasurer of State, Office of the	110665
Sinking Fund, of the dates and the amounts due on those dates.	110666

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	110667
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	110668

The Office of Budget and Management shall process payments	110669
from lease rental payment appropriation items during the period	110670
from July 1, 2009, to June 30, 2011, pursuant to the lease	110671
agreements entered into relating to bonds or notes issued under	110672
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	110673
the Revised Code. Payments shall be made upon certification by the	110674
Ohio Building Authority of the dates and the amounts due on those	110675
dates.	110676

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

110677

There is hereby appropriated, from those funds designated by	110678
or pursuant to the applicable proceedings authorizing the issuance	110679
of state obligations, amounts computed at the time to represent	110680
the portion of investment income to be rebated or amounts in lieu	110681
of or in addition to any rebate amount to be paid to the federal	110682
government in order to maintain the exclusion from gross income	110683
for federal income tax purposes of interest on those state	110684
obligations under section 148(f) of the Internal Revenue Code.	110685

Rebate payments shall be approved and vouchered by the Office	110686
of Budget and Management.	110687

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

110688

Whenever the Director of Budget and Management determines	110689
that an appropriation made to a state agency from a fund of the	110690
state is insufficient to provide for the recovery of statewide	110691
indirect costs under section 126.12 of the Revised Code, the	110692
amount required for such purpose is hereby appropriated from the	110693
available receipts of such fund.	110694

Section 521.30. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	110695
INDIRECT COST ALLOCATION PLAN	110696

The total transfers made from the General Revenue Fund by the	110697
Director of Budget and Management under this section shall not	110698
exceed the amounts transferred into the General Revenue Fund under	110699
section 126.12 of the Revised Code.	110700

The director of an agency may certify to the Director of	110701
Budget and Management the amount of expenses not allowed to be	110702
included in the Statewide Indirect Cost Allocation Plan under	110703
federal regulations, from any fund included in the Statewide	110704
Indirect Cost Allocation Plan, prepared as required by section	110705
126.12 of the Revised Code.	110706

Upon determining that no alternative source of funding is	110707
available to pay for such expenses, the Director of Budget and	110708
Management may transfer from the General Revenue Fund into the	110709
fund for which the certification is made, up to the amount of the	110710
certification. The director of the agency receiving such funds	110711
shall include, as part of the next budget submission prepared	110712
under section 126.02 of the Revised Code, a request for funding	110713
for such activities from an alternative source such that further	110714
federal disallowances would not be required.	110715

Section 521.40. FISCAL YEAR 2009 GENERAL REVENUE FUND ENDING	110716
BALANCE	110717

Notwithstanding divisions (B) and (C) of section 131.44 of	110718
the Revised Code, all fiscal year 2009 surplus revenue in excess	110719
of the amount required under division (A)(3) of section 131.44 of	110720
the Revised Code shall remain in the General Revenue Fund.	110721

Section 521.50. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

110722

Notwithstanding any provision of law to the contrary, on or	110723
before the first day of September of each fiscal year, the	110724
Director of Budget and Management, in order to reduce the payment	110725
of adjustments to the federal government, as determined by the	110726
plan prepared under division (A) of section 126.12 of the Revised	110727
Code, may designate such funds as the Director considers necessary	110728
to retain their own interest earnings.	110729

Section 521.60. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

110730

Pursuant to the plan for compliance with the Federal Cash	110731
Management Improvement Act required by section 131.36 of the	110732
Revised Code, the Director of Budget and Management may cancel and	110733
re-establish all or part of encumbrances in like amounts within	110734
the funds identified by the plan. The amounts necessary to	110735
re-establish all or part of encumbrances are hereby appropriated.	110736

Section 521.70. FISCAL STABILIZATION AND RECOVERY

110737

(A) To ensure the level of accountability and transparency	110738
required by federal law, the Director of Budget and Management	110739
may issue guidelines to any agency applying for federal money	110740
made available to this state for fiscal stabilization and	110741
recovery purposes, and may prescribe the process by which	110742
agencies are to comply with any reporting requirements	110743
established by the federal government.	110744

(B) Notwithstanding any provision of law to the contrary,	110745
federal money received by or on behalf of this state for fiscal	110746
stabilization in support of elementary, secondary, and higher	110747
education, public safety, and any other government service shall	110748
be deposited into the state treasury to the credit of the General	110749
Revenue Fund. If additional federal fiscal stabilization funds are	110750
available, the Director of Budget and Management may authorize	110751
expenditures from the General Revenue Fund in excess of the	110752
amounts appropriated to provide additional government services.	110753
Upon the authorization of the Director, the additional amounts are	110754
hereby appropriated. The federal money shall not be used as a	110755
match for the state's share of Medicaid.	110756

Section 523.10. ADVANCED ENERGY RESEARCH AND DEVELOPMENT

110757

(A) All items set forth in this division are hereby	110758
appropriated, for fiscal years 2011 and 2012, the biennium ending	110759
on June 30, 2012, out of any moneys in the state treasury to the	110760
credit of the Advanced Energy Research and Development Taxable	110761
Fund (Fund 7004) derived from the proceeds of obligations	110762
heretofore authorized under section 166.11 of the Revised Code:	110763

AIR AIR QUALITY DEVELOPMENT AUTHORITY	110764

C89800	Advanced Energy Research and Development Taxable	$	9,000,000	110765
TOTAL Advanced Energy Research and Development Taxable Fund		$	9,000,000	110766
TOTAL AIR QUALITY DEVELOPMENT AUTHORITY		$	9,000,000	110767

(B) All items set forth in this division are hereby	110768
appropriated, for fiscal years 2011 and 2012, the biennium ending	110769
on June 30, 2012, out of any moneys in the state treasury to the	110770
credit of the Advanced Energy Research and Development Fund (Fund	110771
7005) derived from the proceeds of obligations heretofore	110772
authorized under section 166.11 of the Revised Code:	110773

AIR AIR QUALITY DEVELOPMENT AUTHORITY	110774

C89801	Advanced Energy Research and Development	$	19,000,000	110775
TOTAL Advanced Energy Research and Development Fund		$	19,000,000	110776
TOTAL AIR QUALITY DEVELOPMENT AUTHORITY		$	19,000,000	110777

(C) The appropriation items C89800, Advanced Energy Research	110778
and Development Taxable, and C89801, Advanced Energy Research and	110779
Development, shall be used for advanced energy projects as	110780
provided in sections 3706.25 to 3706.30 of the Revised Code. The	110781
Executive Director of the Air Quality Development Authority may	110782
certify to the Director of Budget and Management that a need	110783
exists to fund additional advanced energy projects. If the	110784
Director of Budget and Management determines that investment	110785
earnings of the Advanced Energy Research and Development Taxable	110786
Fund (Fund 7004) and the Advanced Energy Research and Development	110787
Fund (Fund 7005) are available to fund additional projects, the	110788
Director may authorize additional expenditures from Fund 7004 or	110789
Fund 7005. Such amounts are hereby appropriated.	110790

(D) Notwithstanding any contrary provision of law, upon the	110791
request of the Executive Director of the Air Quality Development	110792
Authority, the Director of Budget and Management may transfer	110793
cash between Funds 7004 and 7005. Amounts transferred are hereby	110794
appropriated.	110795

(E) Expenditures from appropriations contained in this	110796
section may be accounted for as though made in the main capital	110797
appropriations act for the fiscal year 2011-2012 biennium enacted	110798
by the 128th General Assembly. The Air Quality Development	110799
Authority shall not expend any of the appropriations made in this	110800
section until after July 1, 2010.	110801

Section 601.10. That Sections 205.10, 309.10, 317.10, 321.10,	110802
325.20, and 327.10 of Am. Sub. H.B. 2 of the 128th General	110803
Assembly be amended to read as follows:	110804

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

110805

State Highway Safety Fund Group	110806

4W40	762321	Operating Expense - BMV	$	85,145,103	$	89,005,103	110807
4W40	762410	Registrations Supplement	$	31,753,145	$	32,480,610	110808
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	110809
7036	761321	Operating Expense - Information and Education	$	8,819,954	$	8,828,661	110810
7036	761401	Lease Rental Payments	$	13,337,000	$	11,836,200	110811
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	110812
7036	764321	Operating Expense - Highway Patrol	$	269,887,828	$	269,975,259	110813
7036	764605	Motor Carrier Enforcement Expenses	$	3,340,468	$	3,340,468	110814
8300	761603	Salvage and Exchange - Administration	$	20,800	$	21,632	110815
8310	761610	Information and Education - Federal	$	468,982	$	468,982	110816
8310	764610	Patrol - Federal	$	2,455,484	$	2,455,484	110817
8310	764659	Transportation Enforcement - Federal	$	6,132,592	$	6,132,592	110818
8310	765610	EMS - Federal	$	582,007	$	582,007	110819
8310	767610	Liquor Enforcement - Federal	$	514,184	$	514,184	110820
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,032,135	$	1,032,135	110821
8310	769631	Homeland Security - Federal	$	2,100,000	$	2,184,000	110822
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	110823
8350	762616	Financial Responsibility Compliance	$	6,063,600	$	6,063,600	110824
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	110825
8380	764606	Patrol Reimbursement	$	100,000	$	100,000	110826
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	110827
83F0	764657	Law Enforcement Automated Data System	$	10,984,978	$	9,053,266	110828
83G0	764633	OMVI Enforcement/Education	$	650,000	$	650,000	110829
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	110830
83M0	765624	Operating Expense - Trauma and EMS	$	2,915,113	$	2,924,562	110831
83N0	761611	Elementary School Seat Belt Program	$	390,000	$	405,600	110832
83P0	765637	EMS Grants	$	4,562,912	$	4,562,912	110833
83R0	762639	Local Immobilization Reimbursement	$	750,000	$	750,000	110834
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	110835
8400	764607	State Fair Security	$	1,396,283	$	1,396,283	110836
8400	764617	Security and Investigations	$	6,317,530	$	6,432,686	110837
8400	764626	State Fairgrounds Police Force	$	830,769	$	849,883	110838
8400	769632	Homeland Security - Operating	$	1,552,049	$	1,614,131	110839
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	110840
8440	761613	Seat Belt Education Program	$	400,000	$	400,000	110841
8460	761625	Motorcycle Safety Education	$	3,324,987	$	3,538,903	110842
8490	762627	Automated Title Processing Board	$	19,240,839	$	19,240,839	110843
TOTAL HSF State Highway Safety Fund Group			$	520,633,559	$	522,404,799	110844

General Services Fund Group	110845

4P60	768601	Justice Program Services	$	1,070,962	$	1,109,004	110846
4S30	766661	Hilltop Utility Reimbursement	$	520,000	$	540,800	110847
5ET0	768625	Drug Law Enforcement	$	4,200,000	$	4,200,000	110848
5Y10	764695	Highway Patrol Continuing Professional Training	$	280,820	$	280,820	110849
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	110850
TOTAL GSF General Services Fund Group			$	6,086,782	$	6,145,624	110851

Federal Special Revenue Fund Group	110852

3290	763645	Federal Mitigation Program	$	10,801,636	$	11,233,702	110853
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	110854
3390	763647	Emergency Management Assistance and Training	$	84,031,935	$	84,072,023	110855
3AY0	768606	Federal Justice Grants	$	1,020,000	$	745,000	110856
3CB0	768691	Federal Justice Grants - FFY06	$	920,000	$	795,000	110857
3CC0	768609	Justice Assistance Grants - FFY07	$	1,450,000	$	1,215,000	110858
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	36,146,492	$	1,902,447	110859
3DH0	768613	Federal Stimulus - Justice Programs	$	4,404,597	$	200,000	110860
3L50	768604	Justice Program	$	12,056,300	$	12,056,300	110861
3N50	763644	U.S. Department of Energy Agreement	$	31,358	$	31,672	110862
TOTAL FED Federal Special Revenue Fund Group			$	~~174,165,357~~ 178,569,954	$	~~139,758,780~~ 139,958,780	110863

State Special Revenue Fund Group	110864

4V30	763662	EMA Service and Reimbursement	$	4,474,751	$	4,653,743	110865
5390	762614	Motor Vehicle Dealers Board	$	200,000	$	200,000	110866
5B90	766632	Private Investigator and Security Guard Provider	$	1,341,478	$	1,395,137	110867
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	110868
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	110869
5CM0	767691	Federal Investigative Seizure	$	642,175	$	642,175	110870
5DS0	769630	Homeland Security	$	517,350	$	538,044	110871
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	1,600,000	$	2,750,000	110872
5FL0	769634	Investigations	$	1,172,080	$	1,195,522	110873
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	110874
6570	763652	Utility Radiological Safety	$	1,413,889	$	1,415,945	110875
6810	763653	SARA Title III HAZMAT Planning	$	254,794	$	262,438	110876
8500	767628	Investigative Unit Salvage	$	100,000	$	100,000	110877
TOTAL SSR State Special Revenue Fund Group			$	13,241,517	$	14,678,004	110878

Liquor Control Fund Group	110879

7043	767321		Liquor Enforcement - Operating		$	12,007,894		$	11,897,178		110880
TOTAL LCF Liquor Control Fund Group					$	12,007,894		$	11,897,178		110881

Agency Fund Group	110882

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		110883
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		110884

Holding Account Redistribution Fund Group	110885

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	110886
R052	762623	Security Deposits	$	350,000	$	350,000	110887
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	110888
TOTAL ALL BUDGET FUND GROUPS			$	~~729,870,109~~ 734,274,706	$	~~698,619,383~~ 698,819,383	110889

MOTOR VEHICLE REGISTRATION

110890

The Registrar of Motor Vehicles may deposit revenues to meet	110891
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	110892
4W40) established in section 4501.25 of the Revised Code, obtained	110893
under sections 4503.02 and 4504.02 of the Revised Code, less all	110894
other available cash. Revenue deposited pursuant to this paragraph	110895
shall support, in part, appropriations for operating expenses and	110896
defray the cost of manufacturing and distributing license plates	110897
and license plate stickers and enforcing the law relative to the	110898
operation and registration of motor vehicles. Notwithstanding	110899
section 4501.03 of the Revised Code, the revenues shall be paid	110900
into Fund 4W40 before any revenues obtained pursuant to sections	110901
4503.02 and 4504.02 of the Revised Code are paid into any other	110902
fund. The deposit of revenues to meet the aforementioned cash	110903
needs shall be in approximately equal amounts on a monthly basis	110904
or as otherwise determined by the Director of Budget and	110905
Management pursuant to a plan submitted by the Registrar of Motor	110906
Vehicles.	110907

CASH TRANSFERS FROM THE STATE BUREAU OF MOTOR VEHICLES FUND

110908

Notwithstanding any provision of law to the contrary, on July	110909
1, 2009, or as soon as possible thereafter, the Director of Budget	110910
and Management may transfer, from the Bureau of Motor Vehicles	110911
Fund (Fund 4W40), cash in the amounts of up to $635,293 to the	110912
Justice Program Services Fund (Fund 4P60), up to $3,284,464 to the	110913
EMA Service and Reimbursement Fund (Fund 4V30), and up to $879,060	110914
to the Investigations Fund (Fund 5FL0).	110915

Notwithstanding any provision to the contrary, the Director	110916
of Budget and Management may make additional cash transfers in	110917
fiscal years 2010 and 2011 from the Bureau of Motor Vehicles Fund	110918
(Fund 4W40) to any of the following five funds if the Director of	110919
Public Safety determines that the cash balance is insufficient in	110920
those funds and requests the Director to make the transfer: the	110921
Justice Program Services Fund (Fund 4P60), the EMA Service and	110922
Reimbursement Fund (Fund 4V30), the Investigations Fund (Fund	110923
5FL0), the Homeland Security Fund (Fund 5DS0), and the Trauma and	110924
Emergency Medical Services Fund (Fund 83M0).	110925

CAPITAL PROJECTS

110926

The Registrar of Motor Vehicles may transfer cash from the	110927
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	110928
Highway Safety Fund (Fund 7036) to meet its obligations for	110929
capital projects CIR-047, Department of Public Safety Office	110930
Building and CIR-049, Warehouse Facility.	110931

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

110932

The foregoing appropriation item 761401, Lease Rental	110933
Payments, shall be used for payments to the Ohio Building	110934
Authority for the period July 1, 2009, to June 30, 2011, under the	110935
primary leases and agreements for public safety related buildings	110936
financed by obligations issued under Chapter 152. of the Revised	110937
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	110938
Building Authority may, with approval of the Director of Budget	110939
and Management, lease capital facilities to the Department of	110940
Public Safety.	110941

HILLTOP TRANSFER

110942

The Director of Public Safety shall determine, per an	110943
agreement with the Director of Transportation, the share of each	110944
debt service payment made out of appropriation item 761401, Lease	110945
Rental Payments, that relates to the Department of	110946
Transportation's portion of the Hilltop Building Project, and	110947
shall certify to the Director of Budget and Management the amounts	110948
of this share. The Director of Budget and Management shall	110949
transfer the amounts of such shares from the Highway Operating	110950
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	110951

CASH TRANSFERS OF SEAT BELT FINE REVENUES

110952

Notwithstanding any provision of law to the contrary, the	110953
Controlling Board, upon request of the Director of Public Safety,	110954
may approve the transfer of cash between the following four funds	110955
that receive fine revenues from enforcement of the mandatory seat	110956
belt law: the Trauma and Emergency Medical Services Fund (Fund	110957
83M0), the Elementary School Program Fund (Fund 83N0), the Trauma	110958
and Emergency Medical Services Grants Fund (Fund 83P0), and the	110959
Seat Belt Education Fund (Fund 8440).	110960

STATE DISASTER RELIEF

110961

The State Disaster Relief Fund (Fund 5330) may accept	110962
transfers of cash and appropriations from Controlling Board	110963
appropriation items for Ohio Emergency Management Agency disaster	110964
response costs and disaster program management costs, and may	110965
also be used for the following purposes:	110966

(A) To accept transfers of cash and appropriations from	110967
Controlling Board appropriation items for Ohio Emergency	110968
Management Agency public assistance and mitigation program match	110969
costs to reimburse eligible local governments and private	110970
nonprofit organizations for costs related to disasters;	110971

(B) To accept and transfer cash to reimburse the costs	110972
associated with Emergency Management Assistance Compact (EMAC)	110973
deployments;	110974

(C) To accept disaster related reimbursement from federal,	110975
state, and local governments. The Director of Budget and	110976
Management may transfer cash from reimbursements received by this	110977
fund to other funds of the state from which transfers were	110978
originally approved by the Controlling Board.	110979

(D) To accept transfers of cash and appropriations from	110980
Controlling Board appropriation items to fund the State Disaster	110981
Relief Program, for disasters that have been declared by the	110982
Governor, and the State Individual Assistance Program for	110983
disasters that have been declared by the Governor and the federal	110984
Small Business Administration. The Ohio Emergency Management	110985
Agency shall publish and make available application packets	110986
outlining procedures for the State Disaster Relief Program and the	110987
State Individual Assistance Program.	110988

JUSTICE ASSISTANCE GRANT FUND

110989

The federal payments made to the state for the Byrne Justice	110990
Assistance Grants Program under Title II of Division A of the	110991
American Recovery and Reinvestment Act of 2009 shall be deposited	110992
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	110993
which is hereby created in the state treasury. All investment	110994
earnings of the fund shall be credited to the fund.	110995

JUSTICE ASSISTANCE GRANTS

110996

The foregoing appropriation ~~item~~items 768612, Federal	110997
Stimulus - Justice Assistance Grants, and 768613, Federal	110998
Stimulus - Justice Programs, shall be used to support activities	110999
to prevent and control crime and to improve the criminal justice	111000
system.	111001

FAMILY VIOLENCE PREVENTION FUND

111002

Notwithstanding any provision of law to the contrary, in	111003
each of fiscal years 2010 and 2011, the first $750,000 received	111004
to the credit of the Family Violence Prevention Fund (Fund 5BK0)	111005
in each of those fiscal years shall be appropriated to	111006
appropriation item 768689, Family Violence Shelter Programs, and	111007
the next $400,000 received to the credit of Fund 5BK0 in each of	111008
those fiscal years shall be appropriated to appropriation item	111009
768687, Criminal Justice Services - Operating. Any moneys	111010
received to the credit of Fund 5BK0 in excess of the	111011
aforementioned appropriated amounts in each fiscal year shall,	111012
upon the approval of the Controlling Board, be used to provide	111013
grants to family violence shelters in Ohio.	111014

SARA TITLE III HAZMAT PLANNING

111015

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	111016
entitled to receive grant funds from the Emergency Response	111017
Commission to implement the Emergency Management Agency's	111018
responsibilities under Chapter 3750. of the Revised Code.	111019

COLLECTIVE BARGAINING INCREASES

111020

Notwithstanding division (D) of section 127.14 and division	111021
(B) of section 131.35 of the Revised Code, except for the General	111022
Revenue Fund, the Controlling Board may, upon the request of	111023
either the Director of Budget and Management, or the Department of	111024
Public Safety with the approval of the Director of Budget and	111025
Management, increase appropriations for any fund, as necessary for	111026
the Department of Public Safety, to assist in paying the costs of	111027
increases in employee compensation that have occurred pursuant to	111028
collective bargaining agreements under Chapter 4117. of the	111029
Revised Code and, for exempt employees, under section 124.152 of	111030
the Revised Code.	111031

CASH BALANCE FUND REVIEW

111032

Not later than the first day of April in each fiscal year of	111033
the biennium, the Director of Budget and Management shall review	111034
the cash balances for each fund, except the State Highway Safety	111035
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	111036
4W40), in the State Highway Safety Fund Group, and shall	111037
recommend to the Controlling Board an amount to be transferred to	111038
the credit of Fund 7036 or Fund 4W40, as appropriate.	111039

Sec. 309.10. The federal payments made to the state for	111040
the Weatherization Assistance Program and the State Energy Grant	111041
Program under Title IV of Division A of the American Recovery	111042
and Reinvestment Act of 2009, and for the Homelessness Prevention	111043
Fund under Title XII of Division A of the American Recovery and	111044
Reinvestment Act of 2009, shall be deposited to the credit of	111045
the Federal Special Revenue Fund (Fund 3080).	111046

The federal payments made to the state for the Energy Star	111047
Rebate Program under the American Recovery and Reinvestment Act	111048
of 2009 shall be deposited to the credit of the Energy Star	111049
Rebate Program Fund (Fund 3DA0), which is hereby created in the	111050
state treasury.	111051

The federal payments made to the state for the Energy	111052
Efficiency and Conservation Block Grants Program under Title IV of	111053
Division A of the American Recovery and Reinvestment Act of 2009	111054
shall be deposited to the credit of the Energy Efficiency and	111055
Conservation Block Grants Fund (Fund 3DB0), which is hereby	111056
created in the state treasury.	111057

The federal payments made to the state for the Community	111058
Development Block Grant program under Title XII of Division A of	111059
the American Recovery and Reinvestment Act of 2009 shall be	111060
deposited to the credit of the Community Development Block Grant	111061
Fund (Fund 3K80).	111062

The federal payments made to the state for community	111063
services block grants under Title XII of Division A of the	111064
American Recovery and Reinvestment Act of 2009 shall be deposited	111065
to the credit of the Community Services Block Grant Fund (Fund	111066
3L00).	111067

The federal payments made to the state for the Home	111068
Investment Partnerships Program under Title XII of Division A of	111069
the American Recovery and Reinvestment Act of 2009 shall be	111070
deposited to the credit of the HOME Program Fund (Fund 3V10).	111071

The items in this division are appropriated as designated	111072
out of any moneys in the state treasury to the credit of their	111073
respective funds that are not otherwise appropriated.	111074

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	111075

Federal Special Revenue Fund Group	111076

3080	195603	Housing and Urban Development	$	$	26,205,724	111077
3080	195605	Federal Projects	$	$	266,781,409	111078
3080	195618	Energy Federal Grants	$	$	96,083,000	111079
3DA0	195632	Federal Stimulus - Energy Star Rebate Program	$	$	11,000,000	111080
3DB0	195642	Federal Stimulus - Energy Efficiency and Conservation Block Grants	$	$	21,000,000	111081
3K80	195613	Community Development Block Grant	$	$	12,957,527	111082
3L00	195612	Community Services Block Grant	$	$	38,979,000	111083
3V10	195601	HOME Program	$	$	83,484,547	111084
TOTAL FED Federal Special Revenue Fund Group			$	$	556,491,207	111085
TOTAL ALL BUDGET FUND GROUPS			$	$	556,491,207	111086

The foregoing appropriation item 195605, Federal Projects,	111087
shall be used to carry out the Home Weatherization Assistance	111088
Program, subject to any requirements of the American Recovery and	111089
Reinvestment Act of 2009 that apply to the money appropriated.	111090

The foregoing appropriation items 195603, Housing and Urban	111091
Development, 195618, Energy Federal Grants, 195613, Community	111092
Development Block Grant, 195612, Community Services Block Grant,	111093
195601, HOME Program, 195632, Federal Stimulus - Energy Star	111094
Rebate Program, and 195642, Federal Stimulus - Energy Efficiency	111095
and Conservation Block Grants, shall be used in accordance with	111096
the requirements of the American Recovery and Reinvestment Act of	111097
2009 that apply to the money appropriated.	111098

Sec. 317.10. (A) ~~The federal payments made to the state for~~	111099
~~the Immunization Program under Title VIII of Division A of the~~	111100
~~American Recovery and Reinvestment Act of 2009 shall be deposited~~	111101
~~to the credit of the Preventive Health Block Grant Fund (Fund~~	111102
~~3870).~~	111103

~~(B)~~ The federal payments made to the state for the Special	111104
Supplemental Nutrition Program under Title VIII of Division A of	111105
the American Recovery and Reinvestment Act of 2009 shall be	111106
deposited to the credit of the Women, Infants, and Children Fund	111107
(Fund 3890).	111108

~~(C)~~(B) The federal payments made to the state for the IDEA –	111109
Infants and Children Program under Title VIII of Division A of the	111110
American Recovery and Reinvestment Act of 2009 shall be deposited	111111
to the credit of the General Operations Fund (Fund 3920).	111112

~~(D)~~(C) The items in this section are appropriated as	111113
designated out of any moneys in the state treasury to the credit	111114
of their respective funds that are not otherwise appropriated.	111115

Appropriations

DOH DEPARTMENT OF HEALTH	111116

Federal Special Revenue Fund Group	111117

3890	440604	Women, Infants, and Children	$	$	2,000,000	111118
3920	440618	Federal Public Health Programs	$	$	14,410,000	111119
TOTAL FED Federal Special Revenue Fund Group			$	$	16,410,000	111120
TOTAL ALL BUDGET FUND GROUPS			$	$	16,410,000	111121

The foregoing appropriation items 440604, Women, Infants,	111122
and Children, and 440618, Federal Public Health Programs, shall be	111123
used in accordance with the requirements of the American	111124
Recovery and Reinvestment Act of 2009 that apply to the money	111125
appropriated.	111126

Sec. 321.10. The federal payments made to the state for	111127
the Vocational Rehabilitation Program under Title VIII of	111128
Division A of the American Recovery and Reinvestment Act of 2009	111129
shall be deposited to the credit of the Consolidated Federal Fund	111130
(Fund 3790).	111131

The federal payments made to the state for the Independent	111132
Living Program under Title VIII of Division A of the American	111133
Recovery and Reinvestment Act of 2009 shall be deposited to the	111134
credit of the Independent Living/Vocational Rehabilitation Fund	111135
(Fund 3L40).	111136

The items in this section are appropriated as designated	111137
out of any moneys in the state treasury to the credit of their	111138
respective funds that are not otherwise appropriated.	111139

Appropriations

RSC REHABILITATION SERVICES COMMISSION	111140

Federal Special Revenue Fund Group	111141

3790	415616	Federal - Vocational Rehabilitation	$	$	21,590,000	111142
3L40	415612	Federal Independent Living Centers or Services	$	$	~~509,000~~ 509,170	111143
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	$	1,392,958	111144
4680	415618	Third Party Funding	$	$	245,816	111145
TOTAL FED Federal Special Revenue Fund Group			$	$	~~23,491,958~~ 23,737,944	111146
TOTAL ALL BUDGET FUND GROUPS			$	$	~~23,491,958~~ 23,737,944	111147

The foregoing appropriation items 415616, Federal –	111148
Vocational Rehabilitation, 415612, Federal Independent Living	111149
Centers or Services, and 415617, Independent Living/Vocational	111150
Rehabilitation Programs, shall be used in accordance with the	111151
requirements of the American Recovery and Reinvestment Act of 2009	111152
that apply to the money appropriated.	111153

Sec. 325.20. Expenditures from appropriations made in	111154
~~Sections 325.05 and~~Section 325.10 shall be accounted for as	111155
though made in Am. Sub. H.B. 67 of the 127th General Assembly.	111156
However, law contained in the relevant operating	111157
appropriations act that is generally applicable to the	111158
appropriations made in that act also is generally applicable to	111159
the appropriations made in ~~Sections 325.05 and~~Section 325.10 of	111160
~~this act~~Am. Sub. H.B. 2 of the 128th General Assembly.	111161

Sec. 327.10. The unexpended, unencumbered portions of the	111162
appropriation items made in Sections 303.10, 305.10, 307.10,	111163
309.10, 311.10, 313.10, 317.10, 318.10, 319.10, 321.10, ~~325.05,~~	111164
and 325.10 of Am. Sub. H.B. 2 of the 128th General Assembly at	111165
the end of fiscal year 2009 are hereby reappropriated for the	111166
same purposes for fiscal year 2010.	111167

Section 601.11. That existing Sections 205.10, 309.10,	111168
317.10, 321.10, 325.20, and 327.10 of Am. Sub. H.B. 2 of the	111169
128th General Assembly are hereby repealed.	111170

Section 610.10. That Sections 103.80.80, 103.80.90, and	111171
301.10.50 of H.B. 496 of the 127th General Assembly be amended to	111172
read as follows:	111173

Reappropriations

Sec. 103.80.80. OSB SCHOOL FOR THE BLIND

111174

C22606	Glass Windows/East Wall of Natatorium	$	63,726	111175
C22607	Renovation of Science Laboratory Greenhouse	$	58,850	111176
C22608	Renovating Recreation Area	$	213,900	111177
C22609	New Classrooms for Secondary MH Program	$	996,164	111178
C22610	Renovation of Student Health Service Area	$	144,375	111179
C22611	Replacement of Cottage Windows	$	208,725	111180
C22612	Residential Renovations	$	~~7,043~~ 41,649	111181
C22613	Food Preparation Area Air Conditioning	$	67,250	111182
C22614	New School Lighting	$	184,500	111183
C22616	Renovation and Repairs	$	890,000	111184
C22617	Elevator Replacement	$	110,000	111185
Total Ohio School for the Blind		$	~~2,944,533~~ 2,979,139	111186

RESIDENTIAL RENOVATIONS

111187

The amount reappropriated for the foregoing appropriation	111188
item C22612, Residential Renovations, is the unencumbered and	111189
unallotted balance as of June 30, 2008, in appropriation item	111190
C22612, Residential Renovations, plus $34,606.	111191

Reappropriations

Sec. 103.80.90. OSD SCHOOL FOR THE DEAF

111192

C22103	Dormitory Renovations	$	2,833	111193
C22104	Boilers, Blowers, and Controls for the School Complex	$	47,360	111194
C22105	Central Warehouse	$	676,624	111195
C22106	Storage Barn	$	~~330,850~~ 384,279	111196
C22107	Renovation and Repairs	$	1,000,000	111197
Total Ohio School for the Deaf		$	~~2,057,667~~ 2,111,096	111198
TOTAL Administrative Building Fund		$	~~101,617,431~~ 101,705,466	111199

STORAGE BARN

111200

The amount reappropriated for the foregoing appropriation	111201
item C22106, Storage Barn, is the unencumbered and unallotted	111202
balance as of June 30, 2008, in appropriation item C22106, Storage	111203
Barn, plus $53,429.	111204

Sec. 301.10.50. THIRD FRONTIER PROJECT

111205

The foregoing appropriation item C23506, Third Frontier	111206
Project, shall be used to acquire, renovate, or construct	111207
facilities and purchase equipment for research programs,	111208
technology development, product development, and	111209
commercialization programs at or involving state-supported and	111210
state-assisted institutions of higher education. The funds shall	111211
be used to make grants awarded on a competitive basis, and shall	111212
be administered by the Third Frontier Commission. Expenditure of	111213
these funds shall comply with Section 2n of Article VIII, Ohio	111214
Constitution, and sections 151.01 and 151.04 of the Revised Code	111215
for the period beginning July 1, 2008, and ending June 30, 2010.	111216

Of the foregoing appropriation item C23506, Third Frontier	111217
Project, an amount equal to the unexpended, unencumbered portion	111218
at the end of fiscal year 2008 that was allocated for the	111219
implementation of the NextGen Network, shall be used for the same	111220
purpose in fiscal year 2009 and fiscal year 2010.	111221

The Third Frontier Commission shall develop guidelines	111222
relative to the application for and selection of projects funded	111223
from appropriation item C23506, Third Frontier Project. The	111224
commission may develop these guidelines in consultation with other	111225
interested parties. The Board of Regents and all state-assisted	111226
and state-supported institutions of higher education shall take	111227
all actions necessary to implement grants awarded by the Third	111228
Frontier Commission.	111229

The foregoing appropriation item C23506, Third Frontier	111230
Project, for which an appropriation is made from the Higher	111231
Education Improvement Fund (Fund 7034), is determined to consist	111232
of capital improvements and capital facilities for	111233
state-supported and state-assisted institutions of higher	111234
education, and is designated for the capital facilities to which	111235
proceeds of obligations in the Higher Education Improvement Fund	111236
(Fund 7034) are to be applied.	111237

Section 610.11. That existing Sections 103.80.80, 103.80.90,	111238
and 301.10.50 of H.B. 496 of the 127th General Assembly are	111239
hereby repealed.	111240

Section 610.20. That Section 11 of Am. Sub. H.B. 554 of the	111241
127th General Assembly be amended to read as follows:	111242

Sec. 11. (A) All items set forth in this division are hereby	111243
appropriated out of any moneys in the state treasury, for the	111244
biennium ending on June 30, 2010, to the credit of the Advanced	111245
Energy Research and Development Taxable Fund (Fund 7004) that are	111246
not otherwise appropriated:	111247

AIR AIR QUALITY DEVELOPMENT AUTHORITY	111248

C89800		Advanced Energy ~~R&D~~ Research and Development Taxable	$	~~9,000,000~~ 18,000,000	111249
Total Air Quality Development Authority			$	~~9,000,000~~ 18,000,000	111250
TOTAL Advanced Energy Research and Development Taxable Fund			$	~~9,000,000~~ 18,000,000	111251
	111252

(B) All items set forth in this division are hereby	111253
appropriated out of any moneys in the state treasury, for the	111254
biennium ending on June 30, 2010, to the credit of the Advanced	111255
Energy Research and Development Fund (Fund 7005) that are not	111256
otherwise appropriated:	111257

AIR AIR QUALITY DEVELOPMENT AUTHORITY	111258

C89801		Advanced Energy ~~R&D~~ Research and Development	$	~~19,000,000~~ 38,000,000	111259
Total Air Quality Development Authority			$	~~19,000,000~~ 38,000,000	111260
TOTAL Advanced Energy Research and Development Fund			$	~~19,000,000~~ 38,000,000	111261
	111262

(C) The foregoing appropriation items C89800, Advanced Energy	111263
~~R&D~~Research and Development Taxable, and C89801, Advanced Energy	111264
~~R&D~~Research and Development, shall be used for advanced energy	111265
projects in the manner provided in sections 3706.25 to 3706.30	111266
of the Revised Code. The Executive Director of the Air Quality	111267
Development Authority may certify to the Director of Budget and	111268
Management that a need exists to appropriate investment	111269
earnings of funds 7004 and 7005 to be so used. If the Director	111270
of Budget and Management, pursuant to sections 3706.25 to	111271
3706.30 of the Revised Code, determines that investment	111272
earnings are available to support additional appropriations,	111273
such amounts are hereby appropriated.	111274

(D) Upon the request of the Executive Director of the Air	111275
Quality Development Authority, the Director of Budget and	111276
Management may transfer cash between funds 7004 and 7005. Amounts	111277
transferred are hereby appropriated.	111278

(E) Expenditures from appropriations contained in this	111279
section may be accounted as though made in the main capital	111280
appropriations act of the FY 2009-FY 2010 biennium of the 127th	111281
General Assembly. The appropriations made in this section are	111282
subject to all provisions of the FY 2009-FY 2010 biennial capital	111283
appropriations act of the 127th General Assembly that are	111284
generally applicable to such appropriations.	111285

Section 610.21. That existing Section 11 of Am. Sub. H.B. 554	111286
of the 127th General Assembly is hereby repealed.	111287

Section 610.30. That Sections 233.40.30, 233.50.80, and	111288
701.20 of Am. Sub. H.B. 562 of the 127th General Assembly be	111289
amended to read as follows:	111290

Appropriations

Sec. 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

111291

C38400	Basic Renovations	$	1,691,834	111292
C38411	Columbus Hall Renovation	$	5,470,913	111293
C38412	Painters Apprenticeship Council	$	500,000	111294
C38413	Jewish Community Center NE Initiative	$	575,000	111295
C38414	Somali Community Center	$	100,000	111296
C38415	Building E	$	1,200,000	111297
Total Columbus State Community College		$	~~8,337,747~~ 9,537,747	111298

Appropriations

Sec. 233.50.80. STC STARK TECHNICAL COLLEGE

111300

C38900	Basic Renovations	$	786,333	111301
C38913	Business Technologies Building	$	2,034,537	111302
C38914	Corporate and Community Services Facility	$	500,000	111303
Total Stark Technical College		$	3,320,870	111304
Total Board of Regents and				111305
Institutions of Higher Education		$	~~598,559,802~~ 599,759,802	111306
TOTAL Higher Education Improvement Fund		$	~~609,109,802~~ 610,309,802	111307

Sec. 701.20. (A) The Ohio Commission on Local Government	111309
Reform and Collaboration shall develop recommendations on ways	111310
to increase the efficiency and effectiveness of local government	111311
operations, to achieve cost savings for taxpayers, and to	111312
facilitate economic development in this state. In developing the	111313
recommendations, the commission shall consider, but is not	111314
limited to, the following:	111315

(1) Restructuring and streamlining local government offices	111316
to achieve efficiencies and cost savings for taxpayers and to	111317
facilitate local economic development;	111318

(2) Restructuring and streamlining special taxing districts	111319
and local government authorities authorized by the constitution	111320
or the laws of this state to levy a tax of any kind or to have a	111321
tax of any kind levied on its behalf, and of local government	111322
units, including schools and libraries, to reduce overhead and	111323
administrative expenses;	111324

(3) Restructuring, streamlining, and finding ways to	111325
collaborate on the delivery of services, functions, or	111326
authorities of local government to achieve cost savings for	111327
taxpayers;	111328

(4) Examining the relationship of services provided by the	111329
state to services provided by local government and the possible	111330
realignment of state and local services to increase efficiency and	111331
improve accountability; ~~and~~	111332

(5) Ways of reforming or restructuring constitutional,	111333
statutory, and administrative laws to facilitate collaboration	111334
for local economic development, to increase the efficiency and	111335
effectiveness of local government operations, to identify	111336
duplication of services, and to achieve costs savings for	111337
taxpayers;	111338

(6) Making annual financial reporting across local	111339
governments consistent for ease of comparison; and	111340

(7) Aligning regional planning units across state agencies.

111341

(B)(1) There is hereby created the Ohio Commission on Local	111342
Government Reform and Collaboration, consisting of fifteen voting	111343
members. The President of the Senate shall appoint three members,	111344
one of whom may be a person who is recommended by the Minority	111345
Leader of the Senate. The Speaker of the House of Representatives	111346
shall appoint three members, one of whom may be a person who is	111347
recommended by the Minority Leader of the House of	111348
Representatives. The Governor shall appoint three members. One	111349
member shall be appointed by, and shall represent, each of the	111350
following organizations: the Ohio Municipal League, the Ohio	111351
Township Association, the Ohio School Boards Association, the	111352
County Commissioners' Association of Ohio, the Ohio Library	111353
Council, and the Ohio Association of Regional Councils. The	111354
initial appointments shall be made not later than ninety days	111355
after the effective date of this section. Vacancies shall be	111356
filled in the manner provided for original appointments.	111357
Members are not entitled to compensation for their services.	111358

(2) The initial meeting of the commission shall be called by	111359
the Governor within forty-five days after the initial appointments	111360
to the commission are complete. The commission shall elect two of	111361
its members to serve as co-chairpersons of the commission.	111362

(C) The commission may create an advisory council consisting	111363
of interested parties representing taxing authorities and	111364
political subdivisions that are not taxing authorities. The	111365
appointment of members to the advisory council is a matter of the	111366
commission's discretion. The commission may direct the advisory	111367
council to provide relevant information to the commission.	111368
Advisory council members are not members of the commission, and	111369
may not vote on commission business.	111370

(D) The commission may consult with and obtain assistance	111371
from state institutions of higher education (as defined in section	111372
3345.011 of the Revised Code) and from business organizations for	111373
research and data gathering related to its mission. State	111374
institutions of higher education and business organizations shall	111375
cooperate with the commission.	111376

(E) The commission shall issue a report of its findings and	111377
recommendations to the President of the Senate, the Speaker of the	111378
House of Representatives, and the Governor not later than July 1,	111379
2010. The commission ceases to exist upon submitting its report.	111380

Section 610.31. That existing Sections 233.40.30, 233.50.80,	111381
and 701.20 of Am. Sub. H.B. 562 of the 127th General Assembly are	111382
hereby repealed.	111383

Section 620.10. That Section 831.06 of Am. Sub. H.B. 530 of	111384
the 126th General Assembly be amended to read as follows:	111385

Sec. 831.06. The amendments by this act of the first	111386
paragraph of division (F) of section 5751.01, of division	111387
(F)(2)(w) of section 5751.01, of the first paragraph of section	111388
~~5751.032~~5751.53, and of divisions (A)(7) and (A)(8)(c) of section	111389
5751.032 of the Revised Code are nonsubstantive corrections of	111390
errors in Chapter 5751. of the Revised Code.	111391

Section 620.11. That existing Section 831.06 of Am. Sub. H.B.	111392
530 of the 126th General Assembly is hereby repealed.	111393

Section 630.10. That Section 4 of Am. Sub. H.B. 516 of the	111394
125th General Assembly, as most recently amended by Am. Sub. H.B.	111395
100 of the 127th General Assembly, be amended to read as follows:	111396

Sec. 4. The following agencies shall be retained pursuant to	111397
division (D) of section 101.83 of the Revised Code and shall	111398
expire on December 31, 2010:	111399

	REVISED CODE OR	111400
	UNCODIFIED	111401
AGENCY NAME	SECTION	111402

Administrator, Interstate Compact on Mental Health	5119.50	111403
Administrator, Interstate Compact on	5103.20	111404
Placement of Children		111405
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	111406
Advisory Boards to the EPA for Air Pollution	121.13	111407
Advisory Boards to the EPA for Water Pollution	121.13	111408
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	111409
Advisory Committee on Livestock Exhibitions	901.71	111410
Advisory Council on Amusement Ride Safety	1711.51	111411
Advisory Board of Directors for Prison Labor	5145.162	111412
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	111413
Advisory Councils or Boards for State Departments	107.18 or 121.13	111414
Advisory Group to the Ohio Water Resources Council	1521.19(C)	111415
Alzheimer's Disease Task Force	173.04(F)	111416
AMBER Alert Advisory Committee	5502.521	111417
Apprenticeship Council	4139.02	111418
Armory Board of Control	5911.09	111419
Automated Title Processing Board	4505.09(C)(1)	111420
Banking Commission	1123.01	111421
Board of Directors of the Ohio Health Reinsurance Program	3924.08	111422
Board of Voting Machine Examiners	3506.05(B)	111423
Brain Injury Advisory Committee	3304.231	111424
Capitol Square Review and Advisory Board	105.41	111425
Child Support Guideline Advisory Council	3119.024	111426
Children's Trust Fund Board	3109.15	111427
Citizens Advisory Committee (BMV)	4501.025	111428
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	111429
Clean Ohio Trail Advisory Board	1519.06	111430
Coastal Resources Advisory Council	1506.12	111431
Commission on African-American Males	4112.12	111432
Commission on Hispanic-Latino Affairs	121.31	111433
Commission on Minority Health	3701.78	111434
Committee on Prescriptive Governance	4723.49	111435
Commodity Advisory Commission	926.32	111436
~~Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council~~	~~5123.353~~	111437
Community Oversight Council	3311.77	111438
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	111439
Continuing Education Committee (for Sheriffs)	109.80	111440
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	111441
Council on Alcohol and Drug Addiction Services	3793.09	111442
Council on Unreclaimed Strip Mined Lands	1513.29	111443
~~Council to Advise on the Establishment and Implementation of the Birth Defects Information System~~	~~3705.34~~	111444
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	111445
Credit Union Council	1733.329	111446
Criminal Sentencing Advisory Committee	181.22	111447
Day-Care Advisory Council	5104.08	111448
Dentist Loan Repayment Advisory Board	3702.92	111449
Development Financing Advisory Council	122.40	111450
Education Commission of the States (Interstate Compact for Education)	3301.48	111451
Electrical Safety Inspector Advisory Committee	3783.08	111452
Emergency Response Commission	3750.02	111453
Engineering Experiment Station Advisory Committee	3335.27	111454
Environmental Education Council	3745.21	111455
EPA Advisory Boards or Councils	121.13	111456
Farmland Preservation Advisory Board	901.23	111457
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	111458
Financial Planning & Supervision Commission for School District	3316.05	111459
Forestry Advisory Council	1503.40	111460
Governance Authority for a State University or College	3345.75	111461
~~Governor's Advisory Council on Physical Fitness, Wellness, & Sports~~	~~3701.77~~	111462
Governor's Council on People with Disabilities	3303.41	111463
Governor's Residence Advisory Commission	107.40	111464
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	111465
Gubernatorial Transition Committee	107.29	111466
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	111467
Hemophilia Advisory Subcommittee	3701.0210	111468
Housing Trust Fund Advisory Committee	~~175.25~~ 174.06	111469
Industrial Commission Nominating Council	4121.04	111470
Industrial Technology and Enterprise Advisory Council	122.29	111471
Infant Hearing Screening Subcommittee	3701.507	111472
Insurance Agent Education Advisory Council	3905.483	111473
Interagency Council on Hispanic/Latino Affairs	121.32(J)	111474
Interstate Mining Commission (Interstate Mining Compact)	1514.30	111475
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	111476
Joint Council on MR/DD	101.37	111477
Joint Select Committee on Volume Cap	133.021	111478
Labor-Management Government Advisory Council	4121.70	111479
Legal Rights Service Commission	5123.60	111480
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	111481
Maternal and Child Health Council	3701.025	111482
Medically Handicapped Children's Medical Advisory Council	3701.025	111483
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	111484
Military Activation Task Force	5902.15	111485
Milk Sanitation Board	917.03	111486
Mine Subsidence Insurance Governing Board	3929.51	111487
Minority Development Financing Board	122.72	111488
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	111489
Multidisciplinary Council	3746.03	111490
Muskingum River Advisory Council	1501.25	111491
National Museum of Afro-American History and Culture Planning Committee	149.303	111492
Ohio Advisory Council for the Aging	173.03	111493
Ohio Aerospace & Defense Advisory Council	122.98	111494
Ohio Arts Council	3379.02	111495
Ohio Business Gateway Steering Committee	5703.57	111496
Ohio Cemetery Dispute Resolution Commission	4767.05	111497
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	111498
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	111499
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	111500
Ohio Commission on Dispute Resolution and Conflict Management	179.02	111501
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	111502
Ohio Community Service Council	121.40	111503
Ohio Council for Interstate Adult Offender Supervision	5149.22	111504
Ohio Cultural Facilities Commission	3383.02	111505
Ohio Developmental Disabilities Council	5123.35	111506
Ohio Expositions Commission	991.02	111507
Ohio Family and Children First Cabinet Council	121.37	111508
Ohio Geology Advisory Council	1505.11	111509
Ohio Grape Industries Committee	924.51	111510
Ohio Hepatitis C Advisory Commission	3701.92	111511
Ohio Historic Site Preservation Advisory Board	149.301	111512
Ohio Historical Society Board of Trustees	149.30	111513
Ohio Judicial Conference	105.91	111514
Ohio Lake Erie Commission	1506.21	111515
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	111516
Ohio Medical Quality Foundation	3701.89	111517
Ohio Parks and Recreation Council	1541.40	111518
Ohio Peace Officer Training Commission	109.71	111519
Ohio Public Defender Commission	120.01	111520
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	111521
Ohio Quarter Horse Development Commission	3769.086	111522
Ohio Small Government Capital Improvements Commission	164.02	111523
Ohio Soil and Water Conservation Commission	1515.02	111524
Ohio Standardbred Development Commission	3769.085	111525
Ohio Steel Industry Advisory Council	122.97	111526
~~Ohio Teacher Education and Licensure Advisory Council~~	~~3319.28(D)~~	111527
Ohio Thoroughbred Racing Advisory Committee	3769.084	111528
Ohio Tuition Trust Authority	3334.03	111529
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	111530
Ohio Vendors Representative Committee	3304.34	111531
Ohio War Orphans Scholarship Board	5910.02	111532
Ohio Water Advisory Council	1521.031	111533
Ohio Water Resources Council	1521.19	111534
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	111535
Oil and Gas Commission	1509.35	111536
Operating Committee, Agricultural Commodity Marketing Programs	924.07	111537
Organized Crime Investigations Commission	177.01	111538
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	~~5111.81~~ 5111.084	111539
Physician Loan Repayment Advisory Board	3702.81	111540
Power Siting Board	4906.02	111541
Prequalification Review Board	5525.07	111542
Private Water Systems Advisory Council	3701.346	111543
Public Employment Risk Reduction Advisory Commission	4167.02	111544
Public Health Council	3701.33	111545
Public Utilities Commission Nominating Council	4901.021	111546
Public Utility Property Tax Study Committee	5727.85	111547
Radiation Advisory Council	3748.20	111548
Reclamation Commission	1513.05	111549
Recreation and Resources Commission	1501.04	111550
Recycling and Litter Prevention Advisory Council	1502.04	111551
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	111552
Savings & Loans Associations & Savings Banks Board	1181.16	111553
Schools and Ministerial Lands Divestiture Committee	501.041	111554
Second Chance Trust Fund Advisory Committee	2108.17	111555
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	111556
Solid Waste Management Advisory Council	3734.51	111557
State Agency Coordinating Group	1521.19	111558
State Board of Emergency Medical Services Subcommittees	4765.04	111559
State Council of Uniform State Laws	105.21	111560
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	111561
State Criminal Sentencing Commission	181.21	111562
State Fire Commission	3737.81	111563
State Racing Commission	3769.02	111564
State Victims Assistance Advisory Committee	109.91	111565
Student Tuition Recovery Authority	3332.081	111566
Tax Credit Authority	122.17	111567
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	111568
Technical Advisory Council on Oil and Gas	1509.38	111569
Transportation Review Advisory Council	5512.07	111570
Unemployment Compensation Review Commission	4141.06	111571
Unemployment Compensation Advisory Council	4141.08	111572
Utility Radiological Safety Board	4937.02	111573
Vehicle Management Commission	125.833	111574
Veterans Advisory Committee	5902.02(K)	111575
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	111576
Water and Sewer Commission	1525.11(C)	111577
Waterways Safety Council	1547.73	111578
Wildlife Council	1531.03	111579
Workers' Compensation Board of Directors Nominating Committee	4121.123	111580

Section 630.11. That existing Section 4 of Am. Sub. H.B. 516	111581
of the 125th General Assembly, as most recently amended by Am.	111582
Sub. H.B. 100 of the 127th General Assembly, is hereby repealed.	111583

Section 640.10. That Section 153 of Am. Sub. H.B. 117 of the	111584
121st General Assembly, as most recently amended by Am. Sub. H.B.	111585
119 of the 127th General Assembly, be amended to read as follows:	111586

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	111587
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	111588
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	111589
repealed, effective October 16, ~~2009~~2011.	111590

(B) Any money remaining in the Legislative Budget Services	111591
Fund on October 16, ~~2009~~2011, the date that section 5112.19 of	111592
the Revised Code is repealed by division (A) of this section,	111593
shall be used solely for the purposes stated in then former	111594
section 5112.19 of the Revised Code. When all money in the	111595
Legislative Budget Services Fund has been spent after then former	111596
section 5112.19 of the Revised Code is repealed under division (A)	111597
of this section, the fund shall cease to exist.	111598

Section 640.11. That existing Section 153 of Am. Sub. H.B.	111599
117 of the 121st General Assembly, as most recently amended by	111600
Am. Sub. H.B. 119 of the 127th General Assembly, is hereby	111601
repealed.	111602

Section 690.10. That Section 325.05 of Am. Sub. H.B. 2 of the	111603
128th General Assembly is hereby repealed.	111604

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

111605

(A) As used in this section, "appointing authority" has the	111606
same meaning as in section 124.01 of the Revised Code, and	111607
"exempt employee" has the same meaning as in section 124.152 of	111608
the Revised Code.	111609

(B) Notwithstanding section 124.181 of the Revised Code, both	111610
of the following apply:	111611

(1) In cases where no vacancy exists, an appointing authority	111612
may, with the written consent of an exempt employee, assign duties	111613
of a higher classification to that exempt employee for a period of	111614
time not to exceed two years, and that exempt employee shall	111615
receive compensation at a rate commensurate with the duties of the	111616
higher classification.	111617

(2) If necessary, exempt employees who are assigned to duties	111618
within their agency to maintain operations during the Ohio	111619
Administrative Knowledge System (OAKS) implementation may agree to	111620
a temporary assignment that exceeds the two-year limit.	111621

Section 701.20. FINANCIAL PLANNING AND SUPERVISION	111622
COMMISSIONS	111623

For any Financial Planning and Supervision Commission	111624
established prior to the effective date of the amendment of	111625
section 118.05 of the Revised Code by the Main Operating	111626
Appropriations Act of the 128th General Assembly, four members	111627
constitute a quorum and the affirmative vote of four members is	111628
necessary for any action taken by vote of the commission.	111629

Section 701.30. SCIENCE AND TECHNOLOGY COLLABORATION

111630

The Department of Development, the Board of Regents, the Air	111631
Quality Development Authority, the Department of Agriculture, and	111632
the Third Frontier Commission shall collaborate in relation to	111633
appropriation items and programs referred to as Technology-based	111634
Economic Development Programs in this section, and other	111635
technology-related appropriations and programs in the Department	111636
of Development, Air Quality Development Authority, Department of	111637
Agriculture, and the Board of Regents as these agencies may	111638
designate, to ensure implementation of a coherent state science	111639
and technology strategy.	111640

To the extent permitted by law, the Air Quality Development	111641
Authority shall assure that coal research and development	111642
programs, proposals, and projects consider or incorporate	111643
collaborations with Third Frontier Project programs and grantees	111644
and with Technology-based Economic Development Programs and	111645
grantees.	111646

"Technology-based Economic Development Programs" means	111647
appropriation items 195401, Thomas Edison Program; 898402, Coal	111648
Development Office; 195422, Technology Action; 898604, Coal	111649
Research and Development Fund; 235433, Economic Growth Challenge;	111650
235508, Air Force Institute of Technology; 235510, Ohio	111651
Supercomputer Center; 235535, Ohio Agricultural Research and	111652
Development Center; 235556, Ohio Academic Resources Network;	111653
195435, Biomedical Research and Technology Transfer; 195687,	111654
Third Frontier Research & Development Projects; C23506, Third	111655
Frontier Project; 195692, Research & Development Taxable Bond	111656
Projects; 195694, Jobs Fund Bioproducts; 195695, Jobs Fund	111657
Biomedical; and tax credits supporting the Ohio Venture Capital	111658
Authority and Technology Investment Tax Credit programs.	111659

Technology-based Economic Development Programs shall be	111660
managed and administered in accordance with the following	111661
objectives: (1) to build on existing competitive research	111662
strengths; (2) to encourage new and emerging discoveries and	111663
commercialization of products and ideas that will benefit the Ohio	111664
economy; and (3) to assure improved collaboration among programs	111665
administered by the Third Frontier Commission and with other	111666
state programs that are intended to improve economic growth and	111667
job creation. As directed by the Third Frontier Commission,	111668
Technology-based Economic Development Program managers shall	111669
report to the Commission or the Third Frontier Advisory Board	111670
regarding the contributions of their programs to achieving these	111671
objectives.	111672

Each Technology-based Economic Development Program shall be	111673
reviewed annually by the Third Frontier Commission with respect	111674
to its development of complementary relationships within a	111675
combined state science and technology investment portfolio, and	111676
with respect to its overall contribution to the state's science	111677
and technology strategy, including the adoption of appropriately	111678
consistent criteria for: (1) the scientific and technical merit	111679
and relationship to Ohio's research strengths of activities	111680
supported by the program; (2) the relevance of the program's	111681
activities to commercial opportunities in the private sector; (3)	111682
the private sector's involvement in a process that continually	111683
evaluates commercial opportunities to use the work supported by	111684
the program; and (4) the ability of the program and recipients of	111685
grant funding from the program to engage in activities that are	111686
collaborative, complementary, and efficient in the expenditure of	111687
state funds. Each Technology-based Economic Development Program	111688
shall provide an annual report to the Third Frontier Commission	111689
that discusses existing, planned, or possible collaborations	111690
between programs and between recipients of grant funding related	111691
to technology, development, commercialization, and the support of	111692
Ohio's economic development. The annual review conducted by the	111693
Third Frontier Commission shall be a comprehensive review of the	111694
entire state science and technology program portfolio rather than	111695
a review of individual programs.	111696

Applicants for Third Frontier and Technology-based Economic	111697
Development Programs funding shall identify their requirements	111698
for high-performance computing facilities and services, including	111699
both hardware and software, in all proposals. If an applicant's	111700
requirements exceed approximately $100,000 for a proposal, the	111701
Ohio Supercomputer Center shall convene a panel of experts. The	111702
panel shall review the proposal to determine whether the	111703
proposal's requirements can be met through Ohio Supercomputer	111704
Center facilities or through other means and report such	111705
information to the Third Frontier Commission.	111706

To ensure that the state receives the maximum benefit from	111707
its investment in the Third Frontier Project and the NextGen	111708
Network, organizations receiving Third Frontier awards and	111709
Technology-based Economic Development Programs awards shall, as	111710
appropriate, be expected to have a connection to the NextGen	111711
Network that enables them and their collaborators to achieve	111712
award objectives through the NextGen Network.	111713

Section 701.40. The General Assembly intends that all funds	111714
appropriated or otherwise made available by the state for fiscal	111715
stabilization or recovery purposes, or by the American Recovery	111716
and Reinvestment Act of 2009, shall be used, to the extent	111717
possible, in accordance with the preferences established in	111718
section 125.09 of the Revised Code to purchase products made and	111719
services performed in the United States and in this state. The	111720
General Assembly further recognizes that a preference for buying	111721
goods and materials that are produced, and services that are	111722
performed, in the United States for projects is important for	111723
maximizing the creation of American jobs and restoring economic	111724
growth and opportunity.	111725

If any person requests or obtains a waiver of the preferences	111726
referred to in the first paragraph of this section, the Director	111727
of Administrative Services shall publish information identifying	111728
the person and the product or service with regard to which the	111729
waiver was requested or obtained. The purpose of publishing this	111730
identifying information is to enhance opportunities for producers,	111731
service providers, and workers to identify and provide products	111732
made and services performed in the United States and this state,	111733
and thereby to maximize the success of the fiscal stabilization	111734
and economic recovery program. The director shall publish the	111735
identifying information on an internet web site maintained by the	111736
Department of Administrative Services.	111737

Section 701.50. If a state agency, including a state	111738
university as defined in section 3345.011 of the Revised Code and	111739
the Ohio Housing Finance Agency, the Third Frontier Commission,	111740
the Clean Ohio Council, and the Ohio School Facilities	111741
Commission, has failed to comply with the set-aside requirement	111742
in division (B) of section 125.081 of the Revised Code, or to	111743
comply with the procurement goals specified under division (B)(2)	111744
or (14) of section 123.152 of the Revised Code, the state agency	111745
shall establish, not later than December 31, 2009, a long-term	111746
plan for complying with those provisions.	111747

Section 701.60. As soon as possible after this section takes	111748
effect, the Speaker of the House of Representatives and the	111749
President of the Senate shall make or remake appointments of ex	111750
officio members to the Commission on Hispanic-Latino Affairs as	111751
may be necessary to bring the ex officio membership of the	111752
commission into conformity with the amendments by this act to	111753
section 121.31 of the Revised Code.	111754

Section 737.10. The Director of Budget and Management shall	111755
study the economic viability of tracks where permit holders	111756
conduct live horse racing. Not later than thirty days after the	111757
effective date of this section, the director shall prepare a	111758
report that includes the findings resulting from the study and	111759
that makes recommendations regarding ways to ensure the economic	111760
viability of tracks. The director shall transmit a copy of the	111761
report to the Governor, the Speaker of the House of	111762
Representatives, and the President of the Senate.	111763

Section 741.10. PAYROLL REDUCTION STRATEGIES

111764

Notwithstanding any other provision of law to the contrary,	111765
the Office of Collective Bargaining of the Department of	111766
Administrative Services is authorized to negotiate with the	111767
respective state collective bargaining units various payroll	111768
reduction strategies through the collective bargaining process	111769
prior to July 1, 2009, including, but not limited to, reductions	111770
in pay for fiscal years 2010 and 2011 and an increase in each	111771
state employee's share of dental, vision, and life insurance	111772
benefits for those fiscal years. If the Office successfully	111773
negotiates or reaches alternative payroll reduction strategies	111774
through the collective bargaining process, those payroll	111775
reduction strategies shall be implemented. The total amount of	111776
state employee payroll reduction strategy savings to be	111777
negotiated or implemented for each of those fiscal years shall be	111778
between $170,000,000 and $200,000,000, unless otherwise agreed to	111779
by the Office of Collective Bargaining and the Director of Budget	111780
and Management. The Director of Budget and Management is	111781
authorized to transfer cash from non-General Revenue Fund funds	111782
to the General Revenue Fund to carry out this section.	111783

Section 745.10. For the time period beginning on the	111784
effective date of this section and ending June 30, 2010:	111785

(A) Notwithstanding division (N) of section 4517.01 of the	111786
Revised Code, "salesperson" shall include any person employed by a	111787
manufactured home broker to sell, display, and offer for sale, or	111788
deal in manufactured homes or mobile homes for a commission,	111789
compensation, or other valuable consideration, but does not	111790
include any public officer performing official duties.	111791

(B)(1) For purposes of section 4517.03 of the Revised Code,	111792
if a licensed new or used motor vehicle dealer also is a licensed	111793
manufactured home park operator, all of the following apply:	111794

(a) An established place of business that is located in the	111795
operator's manufactured home park and that is used for selling,	111796
leasing, and renting manufactured homes and mobile homes in that	111797
manufactured home park shall be considered as used exclusively for	111798
that purpose even though rent and other activities related to the	111799
operation of the manufactured home park take place at the same	111800
location or office.	111801

(b) The dealer's established place of business in the	111802
manufactured home park shall be staffed by someone licensed and	111803
regulated under Chapter 4517. of the Revised Code who could	111804
reasonably assist any retail customer with or without an	111805
appointment, but such established place of business shall not be	111806
required to satisfy office size, display lot size, and physical	111807
barrier requirements applicable to other used motor vehicle	111808
dealers.	111809

(c) The manufactured and mobile homes being offered for sale,	111810
lease, or rental by the dealer may be located on individual rental	111811
lots inside the operator's manufactured home park.	111812

(2) For purposes of section 4517.03 of the Revised Code, a	111813
place of business used for the brokering or sale of manufactured	111814
homes or mobile homes shall be considered as used exclusively for	111815
brokering, selling, displaying, offering for sale, or dealing in	111816
motor vehicles even though industrialized units, as defined by	111817
section 3781.06 of the Revised Code, are brokered, sold,	111818
displayed, offered for sale, or dealt at the same place of	111819
business.	111820

(C) Notwithstanding division (B) of section 4517.22 of the	111821
Revised Code, contracts may be signed, deposits taken, and sales	111822
consummated at a motor vehicle show at which the motor vehicles	111823
being displayed are new manufactured homes, as defined in division	111824
(C)(4) of section 3781.06 of the Revised Code.	111825

Section 745.20. Notwithstanding section 4781.16 of the	111826
Revised Code, any person licensed as a new motor vehicle dealer,	111827
used motor vehicle dealer, manufactured homes broker, or	111828
salesperson under Chapter 4517. of the Revised Code on June 30,	111829
2010, may continue to engage in the business of displaying,	111830
selling at retail, or brokering manufactured homes or mobile	111831
homes under the authority of such license until the license	111832
expires or until the manufactured homes commission issues or	111833
denies the person a manufactured housing dealer's license,	111834
manufactured housing broker's license, or manufactured housing	111835
salesperson's license under Chapter 4781. of the Revised Code,	111836
whichever occurs earlier.	111837

Section 745.30. Effective July 1, 2010, the manufactured	111838
homes commission may suspend or revoke any existing new motor	111839
vehicle dealer, used motor vehicle dealer, manufactured homes	111840
broker, or salesperson license issued to a person engaged in the	111841
business of displaying, selling at retail, or brokering	111842
manufactured homes or mobile homes, and such action may be	111843
appealed under section 4781.25 of the Revised Code.	111844

Section 745.40. Effective July 1, 2010, nothing in sections	111845
4517.01 to 4517.99 of the Revised Code shall be construed to apply	111846
to any of the following:	111847

(A) Manufactured homes as defined in division (C)(4) of	111848
section 3781.06 of the Revised Code;	111849

(B) Mobile homes as defined in division (O) of section	111850
4501.01 of the Revised Code; or	111851

(C) Dealers, brokers or salespersons of manufactured homes or	111852
mobile homes.	111853

Section 749.10. (A) The Ohio General Assembly finds that the	111854
funding for infrastructure and personnel of 9-1-1 systems in Ohio	111855
is disparate in meeting state and local needs. In response to	111856
these findings, there is hereby created the 9-1-1 Funding and	111857
Modernization Task Force to review current funding models and to	111858
research, analyze, and recommend to the General Assembly and the	111859
Governor appropriate future funding models and modernization	111860
policies to improve the effectiveness of infrastructure and	111861
personnel of 9-1-1 systems in Ohio.	111862

(B) The Task Force shall consist of the following members,	111863
appointed not later than sixty days after the effective date of	111864
this section:	111865

(1) Three members of the Ohio House of Representatives, with	111866
two appointed by the Speaker of the House of Representatives from	111867
the majority party and one appointed by the Minority Leader of the	111868
House from the minority party;	111869

(2) Three members of the Ohio Senate, with two appointed by	111870
the President of the Senate from the majority party and one	111871
appointed by the Minority Leader of the Senate from the minority	111872
party;	111873

(3) The Chairperson of the Public Utilities Commission, or	111874
another commissioner appointed by the chairperson;	111875

(4) The Director of Public Safety;

111876

(5) One representative selected by the County Commissioners'	111877
Association of Ohio and appointed by the Governor;	111878

(6) One representative selected by the Ohio Municipal League	111879
and appointed by the Governor;	111880

(7) One representative selected by the Ohio Township	111881
Association and appointed by the Governor;	111882

(8) Two members of the public appointed by the Governor.

111883

(C) The Governor shall select a Task Force Chairperson and	111884
Vice-Chairperson from among its members. The Chairperson may	111885
appoint a Secretary. Task Force members shall serve without	111886
compensation. Vacancies shall be filled in the same manner as	111887
appointments. A majority of the members shall constitute a quorum.	111888

(D) The Task Force shall hold its inaugural meeting not later	111889
than ninety days after the effective date of this section. The	111890
Task Force shall meet at least once a month, either in person or	111891
utilizing telecommunication conferencing technology, until it	111892
completes the report required by this section.	111893

(E) Not later than ten months after the effective date of	111894
this section, the Task Force shall deliver a report to the Speaker	111895
of the House of Representatives, the President of the Senate, and	111896
the Governor. The Task Force shall coordinate with the Ohio 9-1-1	111897
Council and the Wireless 9-1-1 Advisory Board in preparing the	111898
report. The report shall consist of the following:	111899

(1) An overview of the current state and local funding for	111900
9-1-1 systems in Ohio and any existing modernization programs;	111901

(2) Information regarding differences in funding for the	111902
access of 9-1-1 systems in Ohio by persons using traditional	111903
wireline service as defined in section 4931.40 of the Revised	111904
Code, wireless telephone service, Voice over Internet Protocol	111905
technology, and any other major emerging telephone technology in	111906
common use, and an assessment of the parity of such funding;	111907

(3) A summary of reviewed federal initiatives related to	111908
9-1-1 system funding and modernization;	111909

(4) A detailed analysis of the use of the funds disbursed by	111910
the state from the wireless 9-1-1 charge imposed pursuant to Am.	111911
Sub. H.B. 361 of the 125th General Assembly;	111912

(5) A detailed technical analysis of the current 9-1-1	111913
services available in each county in Ohio, including the viability	111914
of consolidating adjacent 9-1-1 systems;	111915

(6) An analysis of the best practices of other states in	111916
9-1-1 system funding and modernization;	111917

(7) Detailed recommendations for future state and local	111918
funding to achieve parity among technologies used to access 9-1-1	111919
services and to provide, throughout Ohio, adequate infrastructure	111920
and personnel for the full implementation and operation of Phase	111921
II enhanced 9-1-1 service in accordance with 47 C.F.R. 20.18.	111922

(F) The Task Force shall cease to exist after delivering the	111923
report as required by this section.	111924

Section 751.10. MEDICAID COMMUNITY BEHAVIORAL HEALTH	111925
ADVISORY GROUP	111926

(A) As used in this section:

111927

(1) "ADAMHS board" means all of the following:

111928

(a) Boards of alcohol, drug addiction, and mental health	111929
services;	111930

(b) Alcohol and drug addiction services boards;

111931

111932

(2) "Community behavioral health services" means both of the	111933
following:	111934

(a) Community mental health services certified by the	111935
Director of Mental Health under section 5119.611 of the Revised	111936
Code;	111937

(b) Services provided by an alcohol and drug addiction	111938
program certified by the Department of Alcohol and Drug Addiction	111939
Services under section 3793.06 of the Revised Code.	111940

(B) There is hereby created the Medicaid Community Behavioral	111941
Health Advisory Group. The Group shall consist of all of the	111942
following:	111943

(1) The Director of Mental Health or the Director's designee;

111944

(2) The Director of Alcohol and Drug Addiction Services or	111945
the Director's designee;	111946

(3) The Director of Job and Family Services or the Director's	111947
designee;	111948

(4) Subject to division (C) of this section, representatives	111949
of ADAMHS boards appointed by the co-chairpersons of the Group;	111950

(5) Subject to division (C) of this section, representatives	111951
of providers of community behavioral health services appointed by	111952
the co-chairpersons of the Group;	111953

(6) Subject to division (C) of this section, consumers of	111954
community behavioral health services and advocates of such	111955
consumers appointed by the co-chairpersons of the Group;	111956

(7) The following state policy makers:

111957

(a) At the option of the Speaker of the House of	111958
Representatives, up to two members of the House of Representatives	111959
from different political parties appointed by the Speaker;	111960

(b) At the option of the Senate President, up to two members	111961
of the Senate from different political parties appointed by the	111962
Senate President;	111963

(c) Other state policy makers deemed necessary and appointed	111964
by the co-chairpersons of the Group.	111965

(C) The Directors of Mental Health and Alcohol and Drug	111966
Addiction Services, or their designees, shall serve as	111967
co-chairpersons of the Medicaid Community Behavioral Health	111968
Advisory Group. The co-chairpersons shall determine the number	111969
of persons to be appointed under divisions (B)(4), (5), (6), and	111970
(7)(c) of this section. The co-chairpersons shall appoint the	111971
same number of persons under divisions (B)(4), (5), and (6) of	111972
this section so as to ensure balanced representation by the	111973
ADAMHS boards, providers, and consumers and consumer advocates.	111974
In making appointments under divisions (B)(4), (5), and (6) of	111975
this section, the co-chairpersons shall accept nominations from	111976
all of the following:	111977

(1) The Ohio Association of County Behavioral Health	111978
Authorities;	111979

(2) The National Alliance on Mental Illness Ohio;

111980

(3) The Ohio Council of Behavioral Health and Family Services	111981
Providers;	111982

(4) The Ohio Association of Child Caring Agencies;

111983

(5) The Ohio Citizens Advocates for Chemical Dependency	111984
Prevention and Treatment;	111985

(6) The Ohio Alliance for Recovery Providers;

111986

(7) The Ohio Federation for Children's Mental Health;

111987

(8) Other organizations that represent the interests of	111988
ADAMHS boards, providers, and consumers and consumer advocates.	111989

(D) Members of the Medicaid Community Behavioral Health	111990
Advisory Group shall serve without compensation, except to the	111991
extent that serving on the Group is considered part of their	111992
regular employment duties. The Departments of Mental Health and	111993
Alcohol and Drug Addiction Services jointly may reimburse members	111994
of the Group for their reasonable travel expenses.	111995

(E) The Medicaid Community Behavioral Health Advisory Group	111996
shall study the administration of Medicaid-covered community	111997
behavioral health services. Not later than June 30, 2010, the	111998
Group shall submit a report regarding its study to the Governor	111999
and, in accordance with section 101.68 of the Revised Code, the	112000
General Assembly. The report shall include all of the following:	112001

(1) A plan for changes to the administration of	112002
Medicaid-covered community behavioral health services that are to	112003
be applied uniformly throughout the state and in accordance with	112004
federal requirements, including the applicable federal	112005
requirements of 42 C.F.R. Parts 431 and 433;	112006

(2) A fiscal analysis of the impact that any changes to the	112007
system of paying providers of Medicaid-covered community	112008
behavioral health services would have on the Departments of	112009
Mental Health and Alcohol and Drug Addiction Services and ADAMHS	112010
boards. The fiscal analysis shall include an examination of	112011
funding options for any such changes and focus on creating the	112012
most efficient and effective payment system possible.	112013

(3) Recommendations for increasing efficiencies related to	112014
both of the following:	112015

(a) Submission of Medicaid claims for community behavioral	112016
health services and the processing and payment of such claims;	112017

(b) Exchange of information regarding Medicaid-covered	112018
community behavioral health services and non-Medicaid-covered	112019
community behavioral health services.	112020

(4) Recommendations for system changes needed to implement	112021
the plan included in the report. Such recommendations shall focus	112022
on increasing efficiencies, transparency, and accountability in	112023
order to improve the delivery of community behavioral health	112024
services.	112025

(F) The Medicaid Community Behavioral Health Advisory Group	112026
shall cease to exist on submission of its report.	112027

(G)(1) Subject to division (G)(2) of this section and not	112028
later than July 1, 2011, the Departments of Mental Health and	112029
Alcohol and Drug Addiction Services shall implement changes to	112030
the administration of Medicaid-covered community behavioral	112031
health services in a manner that is uniform throughout the state	112032
and consistent with federal requirements. The changes shall	112033
include changes to the system of paying providers of	112034
Medicaid-covered community behavioral health services. In	112035
implementing the changes, the Departments may adopt, in whole or	112036
in part, the plan included in the Medicaid Community Behavioral	112037
Health Advisory Group's report. The Departments shall implement	112038
the changes under the supervision of the Department of Job and	112039
Family Services.	112040

(2) The Departments' implementation of changes to the	112041
administration of Medicaid-covered community behavioral health	112042
services under division (G)(1) of this section is subject to	112043
changes in state law, including state law regarding funding, that	112044
otherwise would conflict with the Departments' implementation of	112045
the changes. The Departments may take actions as part of the	112046
implementation of the changes as are consistent with state law.	112047

Section 751.20. SERVICE COORDINATION WORKGROUP

112048

(A) There is hereby created the Service Coordination	112049
Workgroup. The Workgroup shall consist of a representative of each	112050
of the following:	112051

(1) The Office of the Governor, appointed by the Governor;

112052

(2) The Department of Alcohol and Drug Addiction Services,	112053
appointed by the Director of Alcohol and Drug Addiction Services;	112054

(3) The Department of Education, appointed by the	112055
Superintendent of Public Instruction;	112056

(4) The Department of Health, appointed by the Director of	112057
Health;	112058

(5) The Department of Job and Family Services, appointed by	112059
the Director of Job and Family Services;	112060

(6) The Department of Mental Health, appointed by the	112061
Director of Mental Health;	112062

(7) The Department of Mental Retardation and Developmental	112063
Disabilities, appointed by the Director of Mental Retardation and	112064
Developmental Disabilities;	112065

(8) The Department of Youth Services, appointed by the	112066
Director of Youth Services;	112067

(9) The Office of Budget and Management, appointed by the	112068
Director of Budget and Management;	112069

(10) The Family and Children First Cabinet Council, appointed	112070
by the chairperson of the Council.	112071

(B) The representative of the Office of the Governor shall	112072
serve as chairperson of the Workgroup.	112073

(C) Members of the Workgroup shall serve without	112074
compensation, except to the extent that serving on the Workgroup	112075
is considered part of their regular employment duties.	112076

(D) The Workgroup shall develop procedures for coordinating	112077
services that the entities represented on the Workgroup provide to	112078
individuals under age twenty-one and the families of those	112079
individuals. In developing the procedures, the Workgroup shall	112080
focus on maximizing resources, reducing unnecessary costs,	112081
removing barriers to effective and efficient service coordination,	112082
eliminating duplicate services, prioritizing high risk	112083
populations, and any other matters the Workgroup considers	112084
relevant to service coordination. Not later than July 31, 2009,	112085
the Workgroup shall submit a report to the Governor with	112086
recommendations for implementing the procedures.	112087

(E) On receipt of the Governor's approval of the Workgroup's	112088
report, the Director of Budget and Management may seek Controlling	112089
Board approval to transfer cash between funds and appropriations	112090
between appropriation items as necessary to implement the	112091
Workgroup's recommendations. The transferred cash is hereby	112092
appropriated.	112093

(F) The Workgroup shall cease to exist June 30, 2011.

112094

Section 751.30. PROMPT PAYMENT POLICY WORKGROUP

112095

(A) There is hereby created the Prompt Payment Policy	112096
Workgroup. The Workgroup shall consist of the following members:	112097

(1) One representative of the Office of Budget and	112098
Management, appointed by the Director of Budget and Management;	112099

(2) Three representatives of the Department of Insurance,	112100
appointed by the Superintendent of Insurance;	112101

(3) Four representatives of the Office of Ohio Health Plans	112102
in the Department of Job and Family Services, appointed by the	112103
Director of Job and Family Services;	112104

(4) Two representatives of Ohio's Medicaid managed care	112105
plans, appointed by the Executive Director of Ohio's Care	112106
Coordination Plans;	112107

(5) Two representatives from the community of provider	112108
associations, one appointed by the Speaker of the House of	112109
Representatives and one appointed by the President of the Senate;	112110

(6) Two members of the Ohio House of Representatives, one	112111
appointed by the Speaker of the House of Representatives and one	112112
appointed by the Minority Leader;	112113

(7) Two members of the Ohio Senate, one appointed by the	112114
President of the Senate and one appointed by the Minority Leader.	112115

(B) The Director of the Department of Job and Family	112116
Services, or the Director's designee, shall serve as chairperson	112117
of the Workgroup.	112118

(C) Members of the Workgroup shall serve without	112119
compensation, except to the extent that serving on the Workgroup	112120
is considered part of the members' regular employment duties.	112121

(D) The Workgroup shall do all of the following:

112122

(1) Recommend one set of regulations to govern prompt payment	112123
policies for Medicaid managed care plans;	112124

(2) Research and analyze prompt payment policies related to	112125
aged medical claims within the health insurance industry and the	112126
Medicaid program;	112127

(3) Review general payment rules, payment policies related to	112128
electronic and paper claims, definitions of clean and unclean	112129
claims, late payment penalties, auditing requirements, and any	112130
other issues related to Medicaid prompt payment policy identified	112131
by the Workgroup;	112132

(4) Review statistical data on the compliance rates of	112133
current policies.	112134

(E) Not later than February 1, 2010, the Workgroup shall	112135
submit a report to the Governor and the majority and minority	112136
leadership in both Houses of the Ohio General Assembly. The report	112137
shall contain prompt payment policy recommendations for Ohio's	112138
Medicaid program.	112139

(F) The Workgroup shall cease to exist February 28, 2010.

112140

Section 751.40. The Director of Natural Resources shall	112141
enter into a memorandum of understanding with Farmers and Hunters	112142
Feeding the Hungry. The memorandum shall prescribe a method by	112143
which, during the period from July 1, 2009, through June 30, 2011,	112144
Farmers and Hunters Feeding the Hungry may donate venison to	112145
Ohio's food banks. The memorandum also shall prescribe methods	112146
that encourage private persons to make matching donations in money	112147
or food to Ohio's food banks that are equal or greater in value to	112148
the venison that is donated by the Farmers and Hunters Feeding the	112149
Hungry.	112150

Section 753.10. (A) The Director of Natural Resources shall	112151
enter into a memorandum of understanding with the Southeastern	112152
Ohio Port Authority to develop the future use of the property that	112153
formerly comprised the Marietta State Nursery. The memorandum	112154
shall provide for all of the following:	112155

(1) Sale of the property for highest and best use;

112156

(2) Sale and usage of the property that is compatible with	112157
neighboring properties;	112158

(3) Maximum financial return for the Department of Natural	112159
Resources;	112160

(4) Expeditious sale of parcels of the property.

112161

(B) The memorandum shall require contracted professional	112162
engineering services to provide both of the following:	112163

(1) A phase 1 environmental site assessment;

112164

(2) A master plan for property development, including all of	112165
the following:	112166

(a) An inventory of site features and assets;

112167

(b) Collection of public input through a meeting and comment	112168
period;	112169

(c) Identification of site usage areas such as commercial,	112170
light industrial, residential, recreational use, or green space	112171
use;	112172

(d) Lot lines and parcel sizes in concept;

112173

(e) Means of ingress and egress from State Route 7 and	112174
interior site access that are delineated in concept, including	112175
possible eastern access to the site with a rough calculation of	112176
cut and fill required for the construction of roads;	112177

(f) Identification of utility services, locations, and	112178
capacities;	112179

(g) Plans for compliance with subdivision regulations;

112180

(h) Recommendations for possible deed restrictions;

112181

(i) An evaluation of permits that must be obtained and other	112182
regulatory requirements that must be satisfied for purposes of the	112183
development of the property;	112184

(j) Any necessary maps.

112185

(C) The memorandum shall require the Southeastern Ohio Port	112186
Authority to do all of the following:	112187

(1) Manage the formulation of the master plan;

112188

(2) Create a master plan brochure and sales brochures;

112189

(3) Market the property by mail, signage, and the web sites	112190
www.pioneerspirit.us and www.Ohiosites.com;	112191

(4) Respond to sales leads;

112192

(5) Screen inquiries regarding the property;

112193

(6) Negotiate sales based on pricing guidelines established	112194
by the Department of Natural Resources;	112195

(7) Present qualified purchase offers to the Department.

112196

(D) The memorandum shall specify that the Department of	112197
Natural Resources owns the property, that it may sell the property	112198
in lots to the Port Authority, and that the Port Authority then	112199
may sell the lots to individual private buyers.	112200

(E) The memorandum shall specify that the Department of	112201
Natural Resources is responsible for paying for the environmental,	112202
engineering, graphic design, signage, and printing costs as	112203
invoices for those costs are received. The Department and the Port	112204
Authority shall agree to a cap for each of those invoices. In	112205
addition, the memorandum shall specify that as parcels of the	112206
property are transferred to private buyers, the Port Authority	112207
retains five per cent of the sale price of each parcel as a fee	112208
for services provided by the Port Authority.	112209

Section 757.10. (A) This section is intended as remedial	112210
legislation authorizing the exemption of airport property for	112211
which a port authority applied for tax exemption, but was denied	112212
because the applicant was a lessee and not the owner of the	112213
property, as required under section 5715.27 of the Revised Code as	112214
that section existed before its amendment by Sub. H.B. 160 of the	112215
127th General Assembly.	112216

(B) As used in this section:

112217

(1) "Eligible year" means any year for which taxes,	112218
penalties, and interest could have been remitted or abated, and	112219
the property placed on the exempt tax list, under a previous	112220
application for exemption if the application had not been	112221
dismissed as provided under division (A) of this section.	112222

(2) "Qualified property" means real property owned by a	112223
subdivision of this state, leased to a port authority created	112224
under Chapter 4582. of the Revised Code, and used as an airport,	112225
and that currently qualifies for exemption from taxation under any	112226
section of the Revised Code, but for which the application for	112227
exemption for an eligible year was dismissed by the Tax	112228
Commissioner as provided in division (A) of this section.	112229

(3) "Subdivision," "taxing authority," and "taxing unit" have	112230
the same meanings as in section 5705.01 of the Revised Code.	112231

(C) Notwithstanding section 5713.081 of the Revised Code, if	112232
an application for exemption from and abatement or remission of	112233
property taxes for qualified property was dismissed because of	112234
failure to comply with Chapter 5713., or section 5715.27 of the	112235
Revised Code as that section existed before its amendment by Sub.	112236
H.B. 160 of the 127th General Assembly, the current owner of	112237
qualified property, on or before January 1, 2010, may file with	112238
the Tax Commissioner an application requesting that the property	112239
be placed on the exempt tax list and that all paid or unpaid	112240
taxes, penalties, and interest on the property be abated or	112241
remitted, as appropriate, for each eligible year. The application	112242
shall be filed on the form prescribed by the Commissioner under	112243
section 5715.27 of the Revised Code. The owner shall include with	112244
the application a copy of the Commissioner's final determination	112245
dismissing the previous application and the certificate issued by	112246
the county treasurer under division (F) of this section. Failure	112247
to include the Commissioner's final determination that dismissed	112248
the previous application for exemption or the treasurer's	112249
certificate shall result in dismissal of the application filed	112250
under this section.	112251

(D) Upon receiving an application under this section, the Tax	112252
Commissioner shall determine if the applicant and the applicant's	112253
property satisfy the requirements for exemption, abatement, and	112254
remission under this section. If the requirements are satisfied,	112255
the Commissioner shall issue an order directing the auditor to	112256
place the property on the exempt tax list of the county and	112257
ordering that all paid or unpaid taxes, penalties, and interest be	112258
abated or remitted for every eligible year the property was	112259
qualified property. If the Commissioner determines that the	112260
property does not satisfy the requirements for exemption for one	112261
or more years, the Commissioner shall deny the application for	112262
those years and certify the finding to the county treasurer of the	112263
county in which the property is located for collection of all	112264
taxes, penalties, and interest and distribution thereof to the	112265
appropriate subdivisions. Tax payments for eligible years shall	112266
not be considered unpaid taxes for purposes of establishing	112267
jurisdiction to consider an application under this section.	112268

(E) The county auditor shall notify the county treasurer that	112269
any tax payments for eligible years that have not been distributed	112270
shall be held in a special fund pending a decision by the Tax	112271
Commissioner on an application filed under this section. No	112272
subdivision or other taxing unit is entitled to advance payment of	112273
such amounts under section 321.34 of the Revised Code. After the	112274
Commissioner issues a decision, the county auditor shall either	112275
remit the taxes, penalties, and interest to the applicant if the	112276
application is approved or distribute the taxes, penalties, and	112277
interest to the proper taxing authorities if the application for	112278
exemption is denied.	112279

(F) Upon request by the applicant, the county treasurer shall	112280
determine whether all taxes, penalties, and interest that were	112281
levied for all tax years that are not eligible years and whether	112282
all special assessments charged against the property have been	112283
paid in full. If so, the treasurer shall issue a certificate to	112284
the applicant stating that all such amounts have been paid, or, if	112285
not, the certificate shall list the tax years for which such	112286
taxes, penalties, interest, and special assessments remain unpaid.	112287

Section 761.10. A wild, scenic, or recreational river area	112288
that was declared as such by the Director of Natural Resources	112289
under Chapter 1517. of the Revised Code prior to the effective	112290
date of this section shall retain its declaration as a wild,	112291
scenic, or recreational river area for purposes of sections	112292
1547.81 to 1547.84 of the Revised Code, as amended by this act.	112293
In addition, an advisory council for a wild, scenic, or	112294
recreational river area that was appointed by the Director under	112295
Chapter 1517. of the Revised Code prior to the effective date of	112296
this section shall continue to be the advisory council for the	112297
applicable wild, scenic, or recreational river area for purposes	112298
of sections 1547.81 to 1547.84 of the Revised Code, as amended by	112299
this act.	112300

Section 803.10. Section 1751.14 of the Revised Code, as	112301
amended by this act, shall apply only to policies, contracts,	112302
and agreements that are delivered, issued for delivery, or	112303
renewed in this state on or after July 1, 2010; section 3923.24	112304
of the Revised Code, as amended by this act, shall apply only to	112305
policies of sickness and accident insurance and plans of health	112306
coverage that are established or modified in this state on or	112307
after July 1, 2010; and section 3923.241, as enacted by this	112308
act, shall apply only to public employee health plans	112309
established or modified in this state on or after July 1, 2010.	112310

Section 803.20. Sections 718.04 and 5747.01 of the Revised	112311
Code, as amended by this act, first apply to taxable years	112312
beginning on or after January 1, 2010.	112313

Section 5747.113 of the Revised Code, as amended by this	112314
act, first applies to taxable years beginning on or after January	112315
1, 2009.	112316

Section 803.30. In anticipation of the amendments to section	112317
124.134 of the Revised Code taking effect on August 30, 2009, the	112318
Director of Administrative Services shall determine an additional,	112319
prorated amount of vacation leave for employees who are in their	112320
fourth, ninth, fourteenth, nineteenth, or twenty-fourth year of	112321
service to receive as a result of the transition occurring on that	112322
date. The additional, prorated amount shall be such that the	112323
affected employees are not harmed as a result of the transition,	112324
and shall be added to the vacation leave balances of the affected	112325
employees on August 30, 2009.	112326

Section 806.10. The items of law contained in this act, and	112327
their applications, are severable. If any item of law contained in	112328
this act, or if any application of any item of law contained in	112329
this act, is held invalid, the invalidity does not affect other	112330
items of law contained in this act and their applications that	112331
can be given effect without the invalid item of law or	112332
application.	112333

Section 809.10. An item of law, other than an amending,	112334
enacting, or repealing clause, that composes the whole or part of	112335
an uncodified section contained in this act has no effect after	112336
June 30, 2011, unless its context clearly indicates otherwise.	112337

Section 812.10. Except as otherwise provided in this act,	112338
the amendment, enactment, or repeal by this act of a section is	112339
subject to the referendum under Ohio Constitution, Article II,	112340
Section 1c and therefore takes effect on the ninety-first day	112341
after this act is filed with the Secretary of State or, if a later	112342
effective date is specified below, on that date.	112343

The amendments by this act to sections 3733.02 and 4781.06	112344
of the Revised Code take effect January 1, 2010.	112345

The amendment, enactment, or repeal by this act of sections	112346
4505.20, 4517.01, 4517.02, 4517.03, 4517.052, 4517.27, 4517.30,	112347
4517.33, 4517.43, 4781.02, 4781.04, 4781.05, 4781.16, 4781.17,	112348
4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24,	112349
4781.25, and 4781.99 of the Revised Code takes effect July 1,	112350
2010.	112351

The enactment of sections 122.12 and 122.121 of the Revised	112352
Code takes effect July 1, 2011.	112353

The amendment or enactment of sections 1739.05, 1751.14,	112354
3923.24, 3923.241, 5743.15, 5743.61, and 5747.01 of the Revised	112355
Code takes effect January 1, 2010.	112356

The enactment of section 3905.77 of the Revised Code takes	112357
effect one year after the effective date specified in the first	112358
paragraph of this section.	112359

The enactment of section 4113.11 of the Revised Code takes	112360
effect January 1, 2011.	112361

Sections 803.10 and 803.20 of this act take effect January 1,	112362
2010.	112363

Section 812.20. The amendment, enactment, or repeal by this	112364
act of the sections listed below is exempt from the referendum	112365
because it is or relates to an appropriation for current expenses	112366
within the meaning of Ohio Constitution, Article II, Section 1d	112367
and section 1.471 of the Revised Code, or defines a tax levy	112368
within the meaning of Ohio Constitution, Article II, Section 1d,	112369
and therefore takes effect immediately when this act becomes law	112370
or, if a later effective date is specified below, on that date.	112371

Sections 117.54, 121.40, 121.401, 121.402, 124.03, 124.15,	112372
124.152, 124.18, 124.183, 124.34, 124.381, 124.382, 124.385,	112373
124.386, 124.392, 124.821, 124.822, 124.86, 126.05, 131.33,	112374
145.298, 307.79, 319.301, 319.302, 319.54, 321.24, 323.156,	112375
504.21, 901.20, 901.91, 903.082, 903.11, 903.25, 905.32, 905.33,	112376
905.331, 905.36, 905.38, 905.381, 905.50, 905.51, 905.52, 905.56,	112377
905.66, 907.13, 907.14, 907.16, 907.30, 907.31, 921.02, 921.06,	112378
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29, 923.44,	112379
923.46, 927.51, 927.52, 927.53, 927.54, 927.56, 927.69, 927.70,	112380
927.701, 927.71, 927.74, 943.16, 1501.01, 1501.05, 1501.07,	112381
1501.30, 1504.01, 1504.02, 1504.03, 1504.04, 1506.01, 1507.01,	112382
1511.01, 1511.02, 1511.021, 1511.022, 1511.03, 1511.04, 1511.05,	112383
1511.06, 1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 1515.08,	112384
1515.14, 1515.183, 1519.03, 1520.02, 1520.03, 1521.02, 1521.03,	112385
1521.031, 1521.04, 1521.061, 1521.062, 1521.064, 1521.07,	112386
1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16,	112387
1521.18, 1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05,	112388
1523.06, 1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12,	112389
1523.13, 1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19,	112390
1523.20, 1541.03, 1707.37, 3301.073, 3301.0718, 3301.122,	112391
3301.68, 3301.82, 3302.05, 3302.07, 3306.01, 3306.011, 3306.012,	112392
3306.02, 3306.03, 3306.031, 3306.04, 3306.05, 3306.051,	112393
3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091, 3306.10,	112394
3306.11, 3306.12, 3306.13, 3306.14, 3306.15, 3306.16, 3306.17,	112395
3306.18, 3306.19, 3306.191, 3306.21, 3306.25, 3306.29, 3306.291,	112396
3306.292, 3306.30, 3306.31, 3306.32, 3306.321, 3306.33, 3306.34,	112397
3306.35, 3306.40, 3306.50, 3306.51, 3306.52, 3306.53, 3306.54,	112398
3306.55, 3306.56, 3306.57, 3307.31, 3307.64, 3309.41, 3309.48,	112399
3309.51, 3310.08, 3310.09, 3310.41, 3311.0510, 3311.06, 3311.19,	112400
3311.21, 3311.29, 3311.52, 3311.76, 3313.483, 3313.55, 3313.64,	112401
3313.642, 3313.843, 3313.98, 3313.981, 3314.075, 3314.083,	112402
3314.084, 3314.085, 3314.087, 3314.091, 3314.10, 3314.13,	112403
3314.35, 3316.041, 3316.06, 3316.20, 3317.018, 3317.02, 3317.021,	112404
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	112405
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053,	112406
3317.061, 3317.063, 3317.081, 3317.082, 3317.10, 3317.12, 3317.16,	112407
3317.18, 3317.20, 3317.201, 3318.011, 3318.051, 3319.221,	112408
3319.57, 3319.70, 3319.71, 3323.091, 3323.14, 3323.142, 3324.05,	112409
3326.21, 3326.31, 3326.32, 3326.33, 3326.34, 3326.38, 3326.51,	112410
3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 3333.27,	112411
3333.28, 3333.61, 3333.66, 3333.83, 3333.91, 3349.242, 3353.20,	112412
3365.01, 3704.14, 3704.143, 3705.24, 3706.04, 3706.35, 3712.03,	112413
3714.073, 3718.03, 3733.43, 3745.015, 3748.01, 3748.04, 3748.07,	112414
3748.12, 3748.13, 3901.3812, 3923.90, 3923.91, 4117.02, 4117.12,	112415
4117.24, 4501.29, 4503.068, 4503.10, 4505.06, 5101.073, 5107.58,	112416
5111.65, 5111.651, 5111.688, 5111.689, 5111.874, 5111.875,	112417
5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.451,	112418
5112.46, 5112.47, 5112.48, 5123.0412, 5126.05, 5126.24, 5703.80,	112419
5715.26, 5725.18, 5727.84, 5729.03, 5739.01, 5739.03, 5739.033,	112420
5739.051, and 6111.044 of the Revised Code.	112421

The amendment by this act to section 124.134 of the Revised	112422
Code takes effect on August 30, 2009.	112423

The amendment, enactment, or repeal of sections 173.70,	112424
173.71, 173.72, 173.721, 173.722, 173.723, 173.724, 173.73,	112425
173.731, 173.732, 173.74, 173.741, 173.742, 173.75, 173.751,	112426
173.752, 173.753, 173.76, 173.77, 173.771, 173.772, 173.773,	112427
173.78, 173.79, 173.791, 173.80, 173.801, 173.802, 173.803,	112428
173.81, 173.811, 173.812, 173.813, 173.814, 173.815, 173.82,	112429
173.83, 173.831, 173.832, 173.833, 173.84, 173.85, 173.86,	112430
173.861, 173.87, 173.871, 173.872, 173.873, 173.874, 173.875,	112431
173.876, 173.88, 173.89, 173.891, 173.892, 173.90, 173.91, 173.99,	112432
3721.02, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513, 3721.53,	112433
3721.55, 3721.56, 4301.43, 5111.222, 5111.23, 5111.231, 5111.235,	112434
5111.24, 5111.241, 5111.25, 5111.251, 5112.30, 5112.31, 5112.37,	112435
5112.371, and 5112.372 of the Revised Code takes effect July 1,	112436
2009.	112437

The repeal of sections 5112.40, 5112.41, 5112.42, 5112.43,	112438
5112.44, 5112.45, 5112.451, 5112.46, 5112.47, and 5112.48 of the	112439
Revised Code takes effect October 1, 2011.	112440

Sections of this act prefixed with section numbers in the	112441
200's, 300's, 400's, 500's, 700's, and 800's, except for Sections	112442
207.10.90, 241.20, 265.60.60, 265.70.20, 309.40.20, 309.50.30,	112443
313.20, 371.60.20, 371.70.20, 385.30, 399.20, 512.40, 523.10,	112444
701,20, and 751.10 of this act.	112445

The amendment of Section 301.10.50 of H.B. 496 of the 127th	112446
General Assembly.	112447

The amendment of Section 153 of Am. Sub. H.B. 117 of the	112448
121st General Assembly.	112449

Sections 309.30.20, 309.30.30, 309.30.40, 309.30.50,	112450
309.30.60, and 309.30.70 of this act take effect July 1, 2009.	112451

Section 812.30. The sections that are listed in the	112452
left-hand column of the following table combine amendments by this	112453
act that are and that are not exempt from the referendum under	112454
Ohio Constitution, Article II, Sections 1c and 1d and section	112455
1.471 of the Revised Code.	112456

The middle column identifies the amendments to the listed	112457
sections that are subject to the referendum under Ohio	112458
Constitution, Article II, Section 1c and therefore take effect on	112459
the ninety-first day after this act is filed with the Secretary of	112460
State or, if a later effective date is specified, on that date.	112461

The right-hand column identifies the amendments to the listed	112462
sections that are exempt from the referendum because they are or	112463
relate to an appropriation for current expenses within the meaning	112464
of Ohio Constitution, Article II, Section 1d and section 1.471 of	112465
the Revised Code, or define a tax levy within the meaning of Ohio	112466
Constitution, Article II, Section 1d, and therefore take effect	112467
immediately when this act becomes law or, if a later effective	112468
date is specified, on that date.	112469

Section of law	Amendments subject to referendum	Amendments exempt from referendum	112470
121.04	All amendments except those described in the right-hand column	The amendment striking "Water;" the amendment replacing "conservation" with "resources"; and the amendment striking "Real estate and land management;"	112471
1521.05	All amendments except those described in the right-hand column	The amendments to division (B)	112472
1521.06	All amendments except those described in the right-hand column	The amendments to division (A)	112473
1521.063	All amendments except those described in the right-hand column	The amendments to divisions (A) and (A)(1) replacing "division of water" with "division of soil and water resources"	112474
3301.07	The amendment that strikes through original division (N)	All amendments except the amendment described in the middle column	112475
3313.6410	Division (A)	Division (B)	112476
3314.03	All amendments except the amendments to divisions (A)(8), (A)(11)(g), (A)(15), and (A)(23)	Amendments to divisions (A)(8), (A)(11)(g), (A)(15), and (A)(23)	112477
3314.08	The amendments to division ~~(L)~~(J)(3); the amendments to division ~~(M)~~(K) that follow "Revised Code"; and the amendments to division ~~(Q)~~(N)(3)	All amendments except those described in the middle column	112478
3315.37	All amendments except the amendment described in the right-hand column	The amendment to the fourth paragraph that strikes through "3333.27,"	112479
3317.01	Division (B)	All amendments except those in division (B)	112480
3333.38	All amendments except the amendment described in the right-hand column	The amendment to division (A)(2) that strikes through "3333.27,"	112481
3345.32	All amendments except the amendment described in the right-hand column	The amendment to division (D) that strikes through "3333.27,"	112482
3734.57	The amendment to division (A) authorizing electronic payment of solid waste disposal fees	All other amendments to division (A)	112483
4117.01	All amendments except those described in the right-hand column	The amendment to division (C)(5), the amendment striking the language from division (C)(15), and the amendments adjusting the division numbering in divisions (C)(16) and (17)	112484
5751.20	All amendments except those described in the right-hand column	The amendments to divisions (A)(2), (A)(3), and (B), effective July 1, 2009	112485

Section 812.40. The amendments by this act to sections	112486
127.16 and 2921.13 of the Revised Code are subject to the	112487
referendum and take effect as follows:	112488

(A) In the case of section 127.16 of the Revised Code, the	112489
amendment to division (D)(34) of the section takes effect on the	112490
ninety-first day after this act is filed with the Secretary of	112491
State, and the amendment to divisions (D)(35) and (36) of the	112492
section takes effect on July 1, 2009.	112493

(B) In the case of section 2921.13 of the Revised Code, the	112494
amendments take effect July 1, 2009.	112495

Section 812.50. The amendment by this act of section 4511.81	112496
of the Revised Code takes effect at the earliest time permitted	112497
by law that is on or after the date on which the section, as it	112498
results from Am. Sub. H.B. 320 of the 127th General Assembly,	112499
takes effect.	112500

Section 815.10. The General Assembly, applying the principle	112501
stated in division (B) of section 1.52 of the Revised Code that	112502
amendments are to be harmonized if reasonably capable of	112503
simultaneous operation, finds that the following sections,	112504
presented in this act as composites of the sections as amended by	112505
the acts indicated, are the resulting versions of the sections in	112506
effect prior to the effective date of the sections as presented in	112507
this act:	112508

Section 9.314 of the Revised Code as amended by both Am.	112509
Sub. H.B. 106 and Sub. H.B. 204 of the 125th General Assembly.	112510

Section 109.572 of the Revised Code as amended by Sub. H.B.	112511
195, Sub. H.B. 545, and Sub. S.B. 247, all of the 127th General	112512
Assembly.	112513

Section 122.075 of the Revised Code as amended by Sub. H.B.	112514
245 and Sub. H.B. 251, both of the 126th General Assembly.	112515

Section 149.43 of the Revised Code as amended by Am. Sub.	112516
H.B. 214 and Am. Sub. S.B. 248, both of the 127th General	112517
Assembly.	112518

Section 1511.01 of the Revised Code as amended by Am. Sub.	112519
S.B. 73 and Am. Sub. S.B. 182, both of the 120th General Assembly.	112520

Section 1520.02 of the Revised Code as amended by Sub. H.B.	112521
443 and Am. Sub. H.B. 699, both of the 126th General Assembly.	112522

Section 1547.99 of the Revised Code as amended by Am. Sub.	112523
S.B. 17 and Am. Sub. S.B. 271, both of the 127th General	112524
Assembly.	112525

Section 2913.46 of the Revised Code as amended by Am. Sub.	112526
S.B. 107, Am. Sub. S.B. 269, and Am. Sub. S.B. 293, all of the	112527
121st General Assembly.	112528

Section 3313.614 of the Revised Code as amended by Am. Sub.	112529
H.B. 276 and Am. Sub. S.B. 311, both of the 126th General	112530
Assembly.	112531

Section 3313.64 of the Revised Code as amended by Am. Sub.	112532
H.B. 119 and Am. Sub. H.B. 214, both of the 127th General	112533
Assembly.	112534

Section 3319.291 of the Revised Code as amended by Sub. H.B.	112535
428 and Am. Sub. H.B. 562, both of the 127th General Assembly.	112536

Section 3733.02 of the Revised Code as amended by Am. Sub.	112537
H.B. 368 and Sub. S.B. 102, both of the 125th General Assembly.	112538

Section 4169.02 of the Revised Code as amended by Sub. H.B.	112539
535 and Am. Sub. S.B. 293, both of the 121st General Assembly.	112540

Section 4169.04 of the Revised Code as amended by Am. Sub.	112541
H.B. 535 and Am. Sub. S.B. 293, both of the 121st General	112542
Assembly.	112543

Section 4507.03 of the Revised Code as amended by Sub. S.B.	112544
96 of the 120th General Assembly and Sub. H.B. 9 of the 127th	112545
General Assembly.	112546

Section 4763.05 of the Revised Code as amended by Am. Sub.	112547
H.B. 699 and Am. Sub. S.B. 223, both of the 126th General	112548
Assembly.	112549

Section 4767.08 of the Revised Code as amended by Am. Sub.	112550
H.B. 138 and Sub. H.B. 531, both of the 123rd General Assembly.	112551